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HomeMy WebLinkAbout95-58 Resolution No. 95-58 RESOLUTION AUTHORIZING EXECUTION OF A PIPE LINE LICENSE FOR A SANITARY SEWER WITH THE COMMUTER RAIL DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY 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 Pipe Line License on behalf of the City of Elgin with the Commuter Rail Division of the Regional Transportation Authority to construct, maintain and use a sanitary sewer at M.P. 38 . 60 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 PIPE LINE LICENSE MILWAUKEE DISTRICT Commuter Rail Division of the Regional Transportation Authorityy, hereinafter called the "Licensor" , hereby grants to City of Elgin with offices located at 150 Dexter Court ,_ Elgin, IL 60120-5555 hereinafter termed the "Licensee" (used as a neuter noun, in singular number whether representing one or more corporations , copartnership or persons) , a license for pipe line purposes, and no other purpose, along the course indicated in yellow on the print attached hereto, marked Exhibit "A" and by reference made a part hereof; and That for and in consideration of payments to be made to the Licensor by the Licensee, as hereinafter set forth, and also of the covenants and agreements hereinafter mentioned to be observed, kept and performed by the Licensee, Licensor hereby grants unto the Licensee the right to install a 52 & a 49inch pipeline, for the purpose of conveying sewage and thereafter to maintain, operate and renew the same during the continuance of this License, across, underneath or along the right of way and tracks (or track, as the case may be) of the Licensor; This License is granted upon the following express conditions, terms and covenants to be observed, kept and performed by the Licensee. 1. As one of the considerations for the foregoing License, the Licensee agrees to pay to the Licensor the sum of $ 600. 00 as cost of preparation of this agreement, payable in advance. As rent, Licensee shall pay Licensor annually, in advance, the sum of Six Hundred Dollars Dollars ($ 600.00 ) (hereinafter called "Base Rent") . Payment must be made promptly as stated in the rental billing referred to in Paragraph 1 hereof. The Base Rent shall be subject to annual adjustment in manner and on the terms set forth in Paragraph 1 hereof. Licensee shall pay to Licensor, simultaneously with its execution hereof, the Rent due for the first year of the Term hereby created. At the beginning of each calendar year following the effective date of this License, the Base Rent, as defined above to be paid by Licensee to Licensor pursuant to Paragraph 1, shall be increased or decreased by the percentage change in the consumer price index calculated and determined in the manner set forth herein. Any increase or decrease shall be in relation to an index of 144.5 for the Base Year of 1993. As used in this clause, the following terms shall have the following respective meanings: (1) "Bureau of Labor Statis- tics" shall mean the Bureau of Labor Statistics of the United States Department of Labor, Washington, D.C. ; (2) "Index" shall mean the Consumer Price Index-All Urban Consumers (CPI-U) U.S. City Average All Items (1982-84=100) issued by the Bureau of Labor Statistics; (3) "Base Year" shall mean the calendar year herein- before shown; and (4) "Comparison Year" shall mean each calendar year occurring after said Base Year during the Term of this License and during any holding over by Licensor. The amount of Base Rent stipulated in Paragraph 1 of this License shall hereafter be increased or decreased (but shall not in any event be less than the amount so stipulated as Base Rent in this Paragraph 1) by the same percentage of increase or decrease, as the case may be, in the Index for each Comparison Year over or under the Index for the Base Year. Licensor shall render Licensee rent bills showing the increased or decreased amount of rent to be paid by Licensee after each particular Comparison Year has occurred; however, (1) the provisions herein shall not be invalidated or waived, or deemed to be invalidated or waived, by reason of delay either in rendering any rent bill or in the final determination or any dispute with respect thereto; and (2) the failure of Licensor to render a rent bill based upon any Comparison Year shall be without prejudice to the right of Licensor to render a rent bill based upon any subsequent Comparison Year. If the Bureau of Labor Statistics shall substitute a new Base for 1982-84=100 Base, hereinbefore stipulated as the Index Base, Licensor and Licensee agree that such substituted Base, adjusted and equated to 1982-84=100 Base in the manner recommended by said Bureau of Labor Statistics, shall then become and be the Index for all purposes herein. In the event the Index shall cease to be published, then, for purposes herein, there shall be substituted for the Index such other Index as Licensor and Licensee shall agree upon, and if they shall be unable to agree within sixty (60) days after the Index ceases to be published, such matter shall be determined by arbitration in accordance with the Rules of the American Arbitration Association, and the decision of the ar- bitrators shall be enforceable in a court having jurisdiction thereover. 2 . Said pipe line shall be constructed as specified on Exhibit "A" attached hereto and by this reference made a part hereof. 3 . The installation of said pipeline, including the digging and filling of any trench and the time and manner of doing all of the work or of any repairs or renewals upon the Licensor's right of way, shall be as indicated by its Director of Real Estate & Contract Management or his authorized representative. All of said work shall be done in a good and workmanlike manner, and in accordance with plans, specifications, and profiles to be prepared by the Licensee and submitted for approval to the Licensor' s Director of Real Estate & Contract Management or his authorized 2 representative, and until such approval is first had, said work upon the Licensor' s premises shall not be begun by the Licensee. 4 . The Licensor shall permit Licensee reasonable right of entry for the purpose of replacing, repairing, maintaining and operating said pipeline. 5. The Licensor shall have the right to retain the existing tracks and other improvements at the location of this pipeline and also shall have the right at any and all times in the future to construct, maintain and operate over, under, across or parallel to said pipe line such additional track or tracks as it may from time to time elect. Nothing shall be done or suffered to be done by the Licensee that will in any manner impair the usefulness or safety of the tracks and other improvements of the Licensor, or of such track or tracks and other improvements as it may in the future construct over, under, across, or parallel to said pipe line. The Licensor reserves the exclusive right to grant future easements under, over, across or parallel with the said pipe line. 6. The Licensee agrees that it will bear and pay the entire cost of constructing, maintaining, repairing, replacing and operating said pipe line. 7. If deemed necessary by the Licensor, a flagman will be provided by Licensor, the cost of such services to be paid by the Licensee. 8 . The Licensee agrees that it will, immediately upon receipt of a statement showing the amount thereof, pay all cost of any and all work performed upon the right of way and tracks of the Licensor which shall be made necessary by the construction, repair, renewal or presence thereon of said pipe line. 9. The Licensee agrees that it will give ample notice in writing to the Licensor of the time when it, the Licensee, will commence any construction, replacement, repair maintenance or operation of said pipeline in order that the Licensor may, if it so desires, have their representative present for the purpose of directing said work so that the same may be done in a manner satisfactory to the Licensor. 10. The Licensee agrees that before and during the construc- tion, replacement, repair, maintenance or operation of said pipeline, or at any other time, the Licensor shall have the right to provide such safe and temporary structures as it may deem necessary for safely caring for and preserving its tracks, buildings or other improvements and the Licensee agrees to pay to the Licensor the entire cost of putting in or removing such temporary structures, and of restoring the property of the Licensor as near as may be to the same condition in which it was before the commencement of said work. 3 11. The Licensee agrees that if, at any time, the Licensor shall change the location or grade of its track or tracks, or shall desi' e to use its right of way at said point of crossing or at any point along a parallel course with the pipeline for any purpose whatever, Licensee, at its own expense, shall make all changes required by Licensor. If the Licensee shall fail , neglect or refuse to make such change for a period of thirty (30) days after the receipt of written notice from the Licensor, then the Licensor may make such change at the expense of the Licensee. 12 . Licensee shall at all times construct, replace, repair, maintain and operate said pipeline in a secure, safe and sanitary condition and in accordance with all applicable laws, ordinances, rules and regulations. If the manner of constructing, repairing, maintaining and operating said pipelines shall at any time be in violation of any applicable law, rule, regulation or ordinance, then Licensee shall at no cost or expense to Licensor, upon receipt of appropriate notice from a governmental agency having enforcement jurisdiction in the properties, make such changes or repairs as shall be necessary. Failure or refusal of Licensee to make the required changes or repairs within the time prescribed by said agency shall terminate this License, provided that it shall not terminate as long as Licensee, in good faith and by pursuit of appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other lawful measures to avoid the enforcement of said laws, ordinances, rules or regulations. 13 . Licensee hereby assumes and agrees to RELEASE, ACQUIT, WAIVE ANY RIGHTS AGAINST AND FOREVER DISCHARGE the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, their directors, administrators, officers, employees, agents, successors, assigns and all other persons, firms and corporations, from and against any and all claims, demands or liabilities imposed upon them by law or otherwise of every kind, nature and character on account of personal injuries, including death at any time resulting therefrom, and on account of damage to or destruction of property arising from any accident or incident which may occur to or be incurred by the Licensee, its employees, officers, agents and all other persons acting on its behalf while on Licensor's property. 14 . Licensee agrees to indemnify, defend and hold harmless the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, their directors, officers, agents and employees, from and against any and all liabilities, losses, damages, costs, payments and expenses of every kind and nature (including attorneys ' fees and disbursements) as a result of claims, demands, actions, suits, proceedings, judgments or settlements, arising out of or in any way relating to or occurring in connection with the use or conditions of the premises used pursuant to this License. The Licensor agrees to notify the Licensee in writing within a reasonable time of any claim of which 4 it becomes aware which may fall within this indemnity provision. The Licensee further agrees to defend the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, and their directors, officers, agents and employees against any claims, suits, actions or proceedings filed against any of them with respect to the subject matter of this indemnity provision, whether such claims, suits, actions or proceedings are rightfully or wrongfully made or filed; provided, however, that the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, may elect to participate in the defense thereof at their own expense or may, at their own expense, employ attorneys of their own selection to appear and defend the same on behalf of the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, and their directors, officers , agents or employees. The Licensee shall not enter into any compromise, or settlement of any such claims, suits, actions or proceedings without the consent of the Licensor, the Regional Transportation Authority and the Northeast Illinois Regional Commuter Railroad Corporation, which consent shall not be unreasonably withheld. Notwithstanding anything in this License to the Contrary, the indemnities contained in this paragraph shall survive termination of this License. 15. Prior to commencement of any work to be performed under the terms of this License, Licensee shall require its contractor(s) and/or sub-contractor(s) to purchase the following insurance coverage. The total cost of the premium for such insurance shall be at the expense of the Licensee, its contractor(s) and/or sub- contractor(s) : (a) Comprehensive General Liability Insurance (ISO Form) . The Contractor shall furnish evidence that, with respect to the operations it performs and the operations performed by sub-contractors, it carries regular Comprehensive General Liability Insurance providing for a limit of not less than $2 , 000, 000 single limit, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death to or destruction of property, including the loss of use thereof, in any one occurrence under the terms of which Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, METRA/Metropolitan Rail and any other railroads operating on Licensor' s property are named as an additional insured. (b) Railroad's Protective Liability Insurance. In addition to the above, the Contractor shall furnish evidence, with respect to the operations it or any of its sub-contractors perform, that it has provided Railroad Protective 5 Public Liability Insurance (AAR-AASHTO form) in the name of the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, METRA/Metropolitan Rail and any other railroads operating on Licensor's property providing for a limit of not less than $2 , 000, 000 single limit, bodily injury and/or property damage combined, for damages arising out of bodily injuries to or death of all persons in any one occur- rence and for damage to or destruction of property, including the loss of use thereof, in any one occurrence. Such insurance shall be furnished with an aggregate of not less than $6, 000, 000 for all damages as a result of more than one occurrence. (c) Workers' Compensation Insurance The Contractor shall furnish evidence that, with respect to the operations it performs, it carries a policy complying with the statutes of the State of Illinois covering all employees of the Contractor. The policy shall contain employers liability coverage with limits of not less than $100, 000 each accident; $100, 000 each employee disease; and $500, 000 policy limit-disease. (d) Automobile Liability Insurance. The Contractor shall furnish evidence that, with respect to the operations it performs, it carries a policy issued to and covering the liability of the contractor arising out of the use of all owned, non-owned, hired, rented or leased vehicles which bear or are required to bear license plates according to the laws of the State of Illinois and which are not covered under the Comprehensive General Liability Insurance. The policy shall name the Licensor, the Regional Transportation Authority, the Northeast Illinois Regional Commuter Railroad Corporation, METRA/Metropolitan Rail, and any other railroads operating on Licensor's property as additional named insureds with respect to operations to be performed in connection with this contract, and shall contain a waiver of subrogation against same, their employees or agents. Coverage under this policy shall have limits of liability of not less than $2 , 000, 000 per occurrence, combined single limit, for bodily injury and property damage liability. The insurance hereinbefore specified shall be carried until all work required to be performed under the terms of this License is satisfactorily completed and formally accepted. Failure to carry or keep such insurance in force until all work is satisfactorily completed shall constitute a violation of the License. The Contractor shall furnish to the Licensor signed copies of the policy for Comprehensive General Liability and original of the AAR- AASHTO policy for Railroad' s Protective Public Liability Insurance. If any work is sub-contracted, the contractor shall furnish a signed copy of the policy for Comprehensive General Liability Insurance. 6 a � 16. This License may be terminated by either party giving to the other thirty (30) days ' written notice of its intention so to do. In case of termination, the Licensee shall remove from the right of way of the Licensor said pipe line and shall restore said right of way to its condition prior to the construction and installation of said pipe line; or upon failure, neglect or refusal of the Licensee so to do, the Licensor may make such removal and restoration, and the total cost hereof shall be paid by the Licensee immediately upon receipt of a statement; or, if the Licensor shall so elect, it may treat the said pipe line as abandoned by the Licensee and may make such disposition thereof as it may see fit. 17 . This License and all of the terms, conditions, rights and obligations herein contained shall inure to and be binding upon the Licensor, its successors, lessees, and assigns and upon the Licensee, and the successors, assigns, lessees, heirs, executors , administrators, legal and personal representatives of Licensee whether hereinbefore so stated or not; but it is distinctly agreed that the Licensee shall not assign its rights under this License without the written consent of the Licensor first had and obtained. 18 . The unenforceability or illegality of any clause or 411 section of this Pipe Line License shall not affect the enforceability or legality of the remaining clauses and sections. IN WITNESS WHEREOF, the parties hereto have duly executed this License as of the day of COMMUTER RAIL DIVISION OF THE ATTEST: REGIONAL TRANSPORTATION AUTHORITY By: Maureen Pochron Philip A. Pagano Assistant Secretary Executive Director ATTEST: City of Elgin LICENSEE By: 410 C:\DOCS\L&E-EPL\MRD.FRM (6-3-93)bh 7 . . Eh4n Agenda Item No. February 16 , 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Two License Agreements with METRA Associated with the Northwest Interceptor Sewer - Phase I (SS06) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing two license agreements with METRA for the purpose of installing a 48" sanitary sewer within their rights-of-way. BACKGROUND Baxter & Woodman (B&W) is under agreement with the City of Elgin to provide engineering services for the completion of plans and specifications for the Northwest Interceptor Sewer- Phase I (NWIS) . B&W, through their design investigations, has identified two locations in which the NWIS must cross beneath METRA right-of-way. A location map identifying the two crossings is attached for your consideration. B&W submitted a request to METRA to cross their right-of-way. Plans were submitted with the request which illustrated our intent. METRA has agreed to allow the installation of NWIS within their right-of-way and forwarded license agreements to the City for our execution. Copies of the license agreements are attached for your consideration. As information, this project is currently being bid, with a bid opening scheduled for March 2, 1995 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Mayor and Members of the City Council February 16 , 1995 Page 2 FINANCIAL IMPACT The cost of preparation of the license agreements is an initial fee of $600 . 00 for each agreement or $1 ,200 . 00 for both agreements . Additionally, an annual fee must be paid in advance, in the amount of $600 . 00 for one agreement and $500 . 00 for the other agreement or $1, 100 . 00 per year. This expenditure will be funded from proceeds of the 1995 General Obligation Bond sale . Funds are budgeted in Account No. 395-0000-795 . 92-32 , Project No. 339506 . LEGAL IMPACT None . RECOMMENDATION It is recommended that the City Council approve the license agreements with METRA and authorize the City Manager to execute the agreements at a total cost of $2 , 300 . 00 for both agreements . spectfull bmitted, .ice . h.J ai ( %James L. Kristiansen V Public Works Director Richard B. Helwig City Manager DL/do Attachments sw 4lE • 0 'Pd ,_ U. S. lN1ER5TAIF 1 90 -----7---7-/: E WWJ N '1 ,11 - C t kw- - r-v - ..„„iiiiik.,,,, h / PROJECT 4t 111111, 41 LOCATION ,asit: w sUuufi stReE? g Ci,vw chess twos \ 1( v++I" fie ' y4 j A 4,00? w$\ -\, v, -____j U.S. ROUTE • • i - // i / I 1 7/ Row ///,:* • letra 547 W.Jackson Boulevard Chicago, Mina's 60661 Phone:312 322-6900 TDD#312 322-6774 January 25, 1995 Mr. Richard B. Helwig City Manager City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Subject: Pipeline License Agreement Dear Mr. Helwig: Attached for execution are two (2) original counterparts of an agreement which, when fully executed, will allow the representatives of the City of Elgin to enter upon Metra's property for the purpose of installing a 48" sanitary sewer line. Once executed, please return both counterparts of the agreement to me for execution on behalf of Metra. Sin•erely, lir " Janes W. Burcham D'rector office of Real Estate & Contract Management Attachments JWB/KJH/vp A:\letters\helwig.roe Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation • etra —1114 547 W Jackson Boulevard Chicago, Illinois 60661 Phone:312 322-6900 TDD#312 322-6774 January 6, 1995 TaTiqj Mr. Rick Helwig JAN1 I =� City Manager • City of Elgin FOX RIVER WATER 150 Dexter Court RECI AMATION DISTRICT Elgin, Illinois 60120 Dear Mr. Helwig: We have completed our review of and approve the Fox River Water Reclamation District's request to install a 30 inch sanitary sewage pipe line crossing our right of way 3/4 mile west of Elgin. I have enclosed for execution by an authorized representative of the Fox River Water Reclamation District two (2) counterparts of our standard Pipe Line License. Upon execution by the District, please have both copies returned to me for execution on behalf of Metra. Once the License has been fully executed, an original will be returned to the District along with instructions of whom to notify before commencement of any work on the right of way. Sincerely, \\ ///144( rrie.73,1-01ra4t.c.4 / James W. Burcham Director Office of Real Estate & Contract Management cc: J. Patrick McAtee - 14E JWB/KJH/vp A:\letters.kjh\helwig Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation EI ' in 4 �1 <1$, ‘5tot._ ' Agenda Item No . : ‘ . ., g, yF G'041111'tt February 17, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Two License Agreements with Chicago and Northwestern Railway Company associated with the Northwest Interceptor Sewer - Phase I (SS06 ) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing two license agreements with Chicago and Northwestern Railway Company (C&NW) for the purpose of installing a 48" sanitary sewer within their rights-of-way. BACKGROUND Baxter & Woodman (B&W) is under agreement with the City of Elgin to provide engineering services for the completion of plans and specifications for the Northwest Interceptor Sewer- Phase I (NWIS) . B&W, through their design investigations , has identified two locations in which the NWIS must cross beneath C&NW right-of-way. A location map identifying the two crossings is attached for your consideration. B&W submitted a request to C&NW to cross their right-of-way. Plans were submitted with the request which illustrated our intent . C&NW has agreed to allow the installation of NWIS within their right-of-way and forwarded license agreements to the City for our execution. Copies of the license agreements are attached for your consideration. As information, this project is currently being bid, with a bid opening scheduled for March 2 , 1995 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Mayor and Members of the City Council February 17 , 1995 Page 2 FINANCIAL IMPACT The cost to execute the license agreements is a one time rental charge of $475 . 00 for each agreement or $950 . 00 for both agreements . This expenditure will be funded from proceeds of the 1995 General Obligation Bond Sale under Account No. 395-0000-795 . 92-32, Project No. 339506 . LEGAL IMPACT None . RECOMMENDATION It is recommended that the City Council approve the license agreements with C&NW and authorize the City Manager to execute the agreements at a total cost of $950 . 00 for both agreements . espectfull bmitted, 31/ "1 ( James L. Kristiansen Public Works Director 13 , Richard B. Helwig City Manager DL/do Attachments , I u. S rF 3,.,rE 1 i 1\ ' II 4d - -/_k 1 U. S. INT[RSTATF. 1-90 g , (,&c.._}, V J 1n Yr - Q 1 1 2 I PROJECT �� jlik \ � �_� LOCATION *1.4*. Ic\ / SWAM STREET imw a oss iu4S ; F. S 1 E.CMIGGO c ROUE \\. \ . S • J44-7 ,,, r` \ kl „1 ___________ U.S. ROUTE • • • i i // I 7 .I - , ROAD / 5 Y� _ Chicago and North\ticstcrn Railway Company NpRTNWE5IERN Ib; North CJnJI tiircci Chi..Co. nom.(NKw Ki January 3, 1995 Engineering D putmcni Mr. Lyle D, Hammer, P.E. Baxter & Woodman RECE " D Consulting Engineers 8678 Ridgefield Road JAN 0 9 1995 Crystal Lake, IL 60012 BAXTER & WOODMAN Dear Mr. Hammer: Attached are duplicate copies of a proposed license agreement to cover sanitary sewer crossing at M.P. 43.67 at West Elgin, Illinois. Please arrange for the proper execution and attesting of both copies and return them both, along with a certified copy of resolution authorizing the execution and a check in amount of $475.00 to cover the one time rental charge, directly to me for further handling. If the $250.00 preparation fee has not yet been submitted, you should arrange to do so at this time. When the licenses are received and in order, the license will be executed on behalf of the C&NW and a fully executed copy will be furnished to you for your file. The licensee or the licensee's representatives, consultants, contractors or subcontractor are not authorized on C&NW Transportation Company property until the license agreement is signed by both parties, all the required insurance is in order and all involved C&NW Railway Company personnel have been notified and licensee has been acknowledged by them. The Roadmaster, Communication and Signal Supervisor, and the Office Manager - Administration must be notified five working days prior to entering C&NW Railway Company property. Please note that the proposed license agreement states that certain insurance requirements must be met to be allowed on C&NW property. One of which is to provide the C&NW with a Railroad Protective Liability Policy. Because this coverage can be prohibitively expensive, C&NW has obtained a Blanket Railroad Protective Policy. The fee to add your project to the policy is $1,950.00. In the event you should decide to utilize our Blanket Policy, a check to cover the fee payable to Chicago and North Western Railway Company should be returned to this office with the properly executed license agreement. 1 - 2 - If you elect not to participate in the program, you are required to purchase a Railroad Protective Policy on our behalf naming Chicago and North Western Railway Company as the named insured with the location and description of the project shown on the policy. A certificate of insurance evidencing the above will be accepted if the policy is not immediately available. However, the policy should be sent to this office once it is received by you. Whether you utilize C&NW's Blanket Policy or purchase separately, you are required to provide a certificate of insurance of your organization's General Liability Insurance meeting the required limits as set forth in the license agreement. Please be aware that all certificates and/or policies must be received by this office ten days prior to entering onto C&NW property. Attached are application forms to use in applying for additional licenses. All new applications for licenses should be sent to Mr. D. J. Davitt - Assistant Manager of Engineering Services at the above address. If you have any questions, please contact me direct at (312) 559-6294. Very truly yours, 111•hn J. ch Assistant Engineer - Licenses Engineering Services Enclosures A\JJL (bd) 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 SPEED MESSAGE TO ' - ' ' r FROM —1.1 414", _ .--- X-C3}-ut /i\ja-- CA.i,/^--- _ & .2*, -24-A_LI ,-e,uti,,,i., a ;---,.e, ei4./._ ... .... /67,,,4, elev,_ , 7i'..6z424-: 4, .4 „. ,�, Cry..,., N Gt) NIT l8 . (....)) .60-6.4 4.----- /7--1-4-' C it-(1- ia,-- 1 .V.,4,49-- (.4.....4:741,-----1- Cam, eXCI ^,_, y?'12 SIGNED 1 "/v` WilsonJon.s•GroaWrrr:•MADE IN USA DUPLICATE wa000wic+»