HomeMy WebLinkAbout95-57 i
Resolution No. 95-57
RESOLUTION
AUTHORIZING EXECUTION OF A LICENSE AGREEMENT
FOR A SANITARY SEWER WITH THE
CHICAGO AND NORTH WESTERN RAILWAY COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute a License Agreement on behalf of the City of Elgin
with the Chicago and North Western Railway Company to
construct, maintain and use a sanitary sewer at M.P . 44 . 25 at
west Elgin, Illinois , a copy of which is attached hereto and
made a part hereof by reference .
George VanDeVoorde, Mayor
Presented: March 8 , 1995
Adopted:
Vote : Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Clerk
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Form 2036-Page 1
Revised 1993
LICENSE NO.
CHICAGO AND NORTH WESTERN RAILWAY COMPANY (hereinafter called "Company") hereby
licenses the CITY OF ELGIN (hereinafter called "Licensee") to construct, maintain and use a sanitary sewer
(hereinafter called "facility") upon the property of the Company and under the track at M.P. 44.25 at West
Elgin, Illinois in the location and position, and in accordance with the specifications shown on map dated
November 29, 1994 hereto attached marked Exhibit "A" and, by this reference, made a part hereof.
The foregoing license is given upon such express terms and conditions as are inserted below, as well
as those contained upon the subsequent printed pages, and should the Licensee at any time violate any of said
terms or conditions, or use or attempt to use said facility for any other or different purpose than that above
specified, then the Company may, at its option, immediately revoke this license.
The foregoing license is subject to the following conditions:
The licensee will require all contractors performing work on or adjacent to the Company's right-of-way
to furnish to the Company a railroad Protective Liability Insurance Policy written in name of railroad company
and to carry regular Public Liability and Property Damage Insurance, and having limits of liability not less than
the following:
Railroad Protective - $2,000,000 Combined
Liability Insurance Single Limit Occurrence.
$6,000,000 Aggregate Limitation.
General Liability Insurance:
Personal Injury - $1,000,000 Combined
Property Damage Single Limit Occurrence
Workmen's Compensation:
Employee Injuries - Statutory
Employer's Liability - $ 100,000
Evidence of said insurance coverage shall be furnished to the Company Engineering Services at 165 N.
Canal Street, Chicago, Illinois 60606, for approval, and no work shall be performed nor shall the Licensee's
contractor be permitted to enter upon the Company's right-of-way until insurance coverage has been approved
by the Company.
For the privileges herein permitted the Licensee shall pay to the Company, in advance, the sum of Four
Hundred and Seventy-Five Dollars ($475.00).
FIRST. The work of construction and maintenance shall be done and completed in good and
workmanlike manner at the sole expense of the said Licensee. Said work shall be done in such manner as in
no way to interfere with or endanger the use of the property or tracks of the Company, or the operation thereon
of any engines , cars or trains. The Chief Engineer of the Company shall have the right to inspect such work
from time to time and to require such changes to be made as will in his opinion decrease the hazards incident
to said facility; but any such inspection or required changes or any failure to so inspect, or to require changes
'o be made, shall not affect any of the obligations assumed by the said Licensee hereunder.
SECOND. The said Licensee shall bear the cost of all protection, including flagging, which the
company may require for its tracks or property during construction and maintenance hereby authorized and of
all repairs, changes, additions or betterments to said Company's track or property made necessary on account
of same. If in the judgement of the Company it shall be necessary to provide support for its tracks during the
work of construction or maintenance the Company will provide such support, and the entire cost thereof will
be paid by the said Licensee promptly upon receipt of bill therefore.
Form 2036-1
Form 2036-Pane 2
aoriaod 1993
THIRD. The Licenser shall pay all taxes, general and special, license fees or other charges which
may become due or which may be assessed against the premises of the Company because of the construction,
existence, operation or use of said facility, the Licenser, or the business conducted in connection with said
facility, and shall reimburse the Company for any such taxes, license fees or other charge which may be paid
by the Company promptly upon the presentation by the Company of bills therefore.
FOURTH. The said Licensee will give to the Chief Engineer of the Company at least ten days notice
in writing before entering upon the right of way of the Company for construction purposes, or for the aurpose
of malong necessary repairs. The Company reserves the right to judge of the necessity of repairs to said
facility, and to require the Licensee to make such repairs upon ten days notice in writing. In such case, said
Licensee may enter upon said right of way without the ten days notice above referred to, and shall proceed
forthwith to make such repairs, and upon failure to do so within ten days, the Company than have the right
to make said repairs and collect the entire cost thereof from the Licensee. The Company reserves the right,
in case in its opinion the safety of its tracks or property demands it, to ma ke emergency repairs without notice
to the Licensee and to collect the cost thereof from Licenser as herein provided.
r� lli. Licensee agrees that in the construction, maintenance, and use of the facility, it will
comply with all applicable laws, including, but not limited to, any laws, standards, regulations, or permit
requirements relating to environmental pollution or contamination or to occupational health and safety; and
Licensee agrees to indemnify and hold harmless the Company from any and all claims. demands. lawsuit, or
liability for loss, fines, damage, injury, and death and all expenses and costs, including attornev's fees.
resulting from or arising out of the construction, maintenance, or use of the facility, including any discharge
or emission therefrom or for the violation of any law, standard, regulation, or permit requirement relating to
environmental pollution or contamination, or to occupational health and safety.
SIXTH. It is understood by the Licensee that said facility is subject to and may increase the
dangers and hazards of the operation of the railroad of the Company, and that this license is subject to all risks
thereof. Therefore, and as a material consideration to the Company for entering into this license and without
which the Company will not enter same, the Licensee agrees to assume and pay for all loss or ci'Amage to
property whatsoever, and injury to or death of any person, or persons whomsoever, including all costs and
expenses incident thereto, however arising from or in connection with existence, construction, maintenance,
repair, renewal. reconstruction, operation, use or removal of said facility, or any defect therein or :allure
thereof, or the failure of the Licenser or members, officers, agents or employees of the Licensee to abide by
or comply with any of the terms or conditions of this license; and the Licensee forever indemnifies the
Company against and ages to save it harmless from all claims, demands, lawsuits or liability for any such
loss, damage, injury and death, costs and expense, even though the operations of the Company's railroad may
have caused or contributed thereto. Notice to ors-nowledge by the Company of any act or omission by the
Licensee which is or might be a breach by the Licensee of any of the terms or conditions of this Azreement
to be performed by the Licensee, and the acquiescence by the Company in or to such act or omission, shall
neither be considered to relieve the Licensee of any obligation assumed by it under this paragraph nor be
considered to be a waiver or release by the Company of any rights granted to it under this paragraph.
SEVENTH. The Company reserves the right to use, occupy and enjoy its tracks, propery and right
of way, for such purpose, in such manner, and at such time as it shall desire, the same as if this instrument
had not been executed by it. If any such use shall necessitate any change, repair, renewal, removal or
relocation of said facility, or any part thereof, the Licenser shall perform such work at such time as the
Company may approve and if the Licenser fails to do so such work may be performed by the Company at the
expense of the Licensee and the said Company shall not be liable to the Licenser on account of any damage
growing out of any use which the Company may make of its ticks, property and right of way.
In case any of the terms or provisions of this license have been performed or carried out prior to the
actual date of execution hereof, it is understood and agreed that this license shall nevertheless be of the same
force and effect as though same had been executed by the parties prior to such performance.
Form 2036-2
Form 2036-Page 3A
Revised 1981
EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty (30)
days notice in writing to the Licensee and at the expiration of the time limited by said notice upon any other
revocation of this license, the Licensee shall promptly, and in the manner directed by said Chief Engineer,
remove all construction hereby authorized from the premises of the Company and leave said premises in the
same condition in which they were before the installation of the same. Upon default of the Licensee so to do,
the Company may remove the same and restore its premises, and the Licensee will promptly pay to the
Company the cost of so doing.
NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act
or acts constituting such breach, and shall never be construed as being a continuing or permanent waiver of
any such terms or conditions, all of which shall be and remain in full force and effect as to future acts or
happenings, notwithstanding any such waiver.
TENTH. This license is personal to said Licensee and is not assignable or transferable, without the
written consent of the Company being first obtained.
FLFVENTH. In further consideration of the Company's giving to the Licensee the rights and privileges
above specified, the Licensee, by the acceptance of this license, hereby agrees that it will not levy or assess
any special tax or special assessment against Company or against or upon Company's properties for the
construction or use of the improvement of which said facility is a part; and, the Licensee hereby forever
indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits
or liability whatsoever for any such special tax or special assessment. If notwithstanding the foregoing
provisions any such special tax or special assessment shall be levied or assessed upon or against said
Company's properties, the Company shall have the following elections to wit:
(a) Company may make such payments as may be necessary to satisfy and discharge any liens for such
special tax or special assessment and in case of such payment the Licensee agrees to make repayment
on demand with interest at the rate of rive per cent (5 0) per annum from the date of such payment
so made by Company.
(b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the
county in which said properties are located and such filing shall constitute a complete discharge and
release of any lien against said Company's properties for such special tax or special assessment.
(c) Company may terminate this license by filing notice of termination with such Recorder of Deeds for
recording and forwarding a copy thereof through certified or registered mail, postage prepaid to
Licensee whereupon all rights, privileges and interests herein granted to Licensee shall immediately
cease and determine with the right of Company to make immediate re-entry and without any further
obligations or any liability on the part of Company in respect to any payments, setoffs, counter-
claims, recoupment, crossbills or cross demand.
All rights, remedies and elections of Company shall be cumulative.
TWELFTH. Licensee further agrees that there is no benefit to the Company's properties, either for railroad use
or for any possible use in the future from the construction of the facility or project of which said facility is a part.
Form 2036-Page 4AAA
Revised 1991
In Witness Whereof this instrument is executed this day of , 19_
ATTEST: CHICAGO AND NORTH WESTERN RAILWAY COMPANY
By By
Assistant Secretary Chief Engineer
Construction and Public Works
Pursuant to authority granted by resolution of the
of the CITY OF ELGIN, adopted
The undersigned, the Licensee mentioned in the foregoing license, hereby accepts the same subject to
the terms and conditions therein stated.
ATTEST: CITY OF ELGIN
By By (Seal)
City Clerk Mayor
Form 2036-4AAA
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NOTE: 48" REINFORCED CONCRETE OR DUCTILE IRON PIPE, I
,� sir, rH
RTH WESTERN
y~ 'tit., \� ,•.. , AWWA C301 OR ANSI A2, 3.5" OR .58" WALL THICKNESS, J i"" 'NOT A
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STEEL OR DUCTILE IRON JOINTS, GRAVITY FLOW,
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o�'�L s�� `� 250 PSI ACTUAL WORKING PRESSURE, MIN. YIELD RAILWAY COMPANY
• '�:'.S STRENGTH- 35,000 PSI.
•�ka c° ` \ 1 LxA7;ON WEST ELGIN, ILLINOIS
y r �1 J TJ ACCOMPANY UCEIVSE TO
' I CITY OF ELGIN
SN A ��\ \ / `Ri PIPES TO BE TUNNELED A MIN. OF 33' BELOW J FOR
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I SANITARY SEWERS
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SIGNED
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WilsonJones•carbons...•MADE IN USA
DUPLICATE .4-900 Oupbcole
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JULY, 2007
IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED
COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO
THE CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NOS. 95-56 THROUGH 95-58
SUBJECT: LICENSE AGREEMENTS WITH CHICAGO AND NORTH
WESTERN RAILWAY COMPANY FOR SANITARY SEWERS
FOR THE NORTHWEST INTERCEPTOR SEWER