06-219 Resolution No. 06-219
RESOLUTION
AUTHORIZING EXECUTION OF LICENSE AGREEMENT#060605
WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION
REGARDING CONSTRUCTION OF A 16 INCH WATER MAIN
AT THE HPI-EAST DEVELOPMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute a License Agreement with Iowa,Chicago and Eastern Railroad Corporation on behalf of the
City of Elgin in connection with the crossing of railroad tracks for construction of a water main and
access road at the HPI-East Development(Mile Post MP 43.49), a copy of which is attached hereto
and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 13, 2006
Adopted: September 13, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
t
LICENSE AGREEMENT#060605
IOWA,CHICAGO&EASTERN RAILROAD CORPORATION,hereinafter referred to as"Company",
hereby licenses CITY OF ELGIN, hereinafter referred to as "Licensee", subject to the terms and conditions
hereinafter set forth, to construct, install, maintain and use a 16" potable water line, hereinafter referred to as
"Facility", upon and across the right-of-way and property and under or over the tracks of the Company near MP
43.49, 1250 feet east of culvert Z-130, Pingree Grove, IL, pursuant to request of the Licensee and in accordance
with the plan and in the location shown in yellow on map dated June 7,2005, attached hereto, made a part
hereof,for the sole purpose of supplying water.
The Company may, at its option and without liability to the Licensee,revoke this license at any time by
giving written notice thereof to the Licensee if the Licensee shall violate or breach any of the following terms
and conditions:
1. The Licensee will procure all necessary public authority for the construction, installation,
maintenance and use of said Facility and use said Facility in conformity with all requirements of
public authority.
2. The Licensee will pay all taxes and assessments that may be levied or assessed against said
Facility.
3(a). Said Facility shall be constructed, installed and maintained by and at the expense of the
Licensee,in a manner satisfactory to the Company.
3(b). The Company shall have the right at any time to judge the necessity of repairs to said Facility.
The Licensee will, within ten (10) days after written notice, make all necessary repairs at its
expense.
3(c). If, at any time the Company judges it necessary to change the location, elevation or method of
construction or installation of said Facility;the Licensee will do so at its sole expense.
4. Right of entry will be granted by the Company's representative upon request from the Licensee
or its contractor after the Company has received a copy of the Railroad Protective Liability
Insurance Certificate from the Licensee or its contractor and has notified the Licensee or its
contractor of approval for said insurance. Said insurance limits shall be$6,000,000.00 aggregate
limit and$2,000,000.00 each occurrence.
5. The Licensee agrees to pay the Company $15.00 per protective train order, per day, issued by
Company, for each train passing through or affected by said construction area when work
performed by Licensee or its contractor is within scope stated herewith:
A. Men,equipment, material,structures or any other obstructions are placed within 25 feet
laterally of the centerline of track;
B. Men,equipment,material,structures or any other obstructions working or placed at any
distance vertically from top of rail of said track,within 50 feet laterally of the centerline
of said track;
C. Protective train orders shall be issued until completion of construction to the satisfaction
of Company's Engineering Department.
D. Work outside of 25 feet from track centerline will be covered by protective train order.
6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services
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work performed by the Company in manner stated herewith:
A. Flagging services performed per day-$300.00 or actual expenses,incurred by Licensee;
B. Flagging qprvires rpgitirpd when men, equipment, material, structures or any other
obstructions are placed within 25 feet laterally of the centerline of track;
C. Flagging 'Pr%icpq ragturerl when men, equipment, material, structures or any other
obstructions are working or placed at any distance vertically from top of rail of said
track within 50 feet laterally of the centerline of said track;and
D. Flagging services are required on days of active construction by Industry or others at
said location.
7. The Licensee or its contractor agrees to notify the Engineering Department of the Company
(605-782-1551)48 hours prior to commencing any work on Company right-of-way.
8. In case of an emergency call 1-800-658-3551. A copy of this agreement must be in the
contractor's possession while performing work on job site and the contractor must be
prepared to produce it upon proper demand. No work will be permitted if a copy is not
available upon demand.
9. The Licensee assumes and agrees to protect, indemnify and hold harmless the Company, its
officers, agents, employees, invitees and other licensees, from and against any and all claims,
demands,suits,liability and expense by reason of loss or damage to any property whatsoever or
injury to or death of any person whomsoever, from any cause whatsoever, arising or growing
direct or indirectly out of said Facility.
10. This License is personal to the Licensee and is not assignable or transferable without the written
consent of the Company.
11. For the privileges herein permitted,the Licensee shall pay to the Company a onetime fee of Four
Hundred Fifty Dollars and no/100($450.00).
IN NIT ESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this
day of
ATTEST: IOWA,CHICAGO&EASTERN
RAILROAD CORPORATI•N
n � �} •
..._..!, ��111 LC By: �� ._
Title: r �/ _�/.
The undersigned, the Licensee mentioned in the foregoing License, ACC the same subject to the
terms and conditions therein stated.
ATTEST: CITY OF ELGIN
By.
Ed Schock
Title: Mayor
City Clerk
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Iowa.Chicago&Eastern Railroad Corporation - -
140 North Phillips,Avenue,Sioux Falls,SD 57104
PO Box 1260,Sioux Falls,SD 57101
Tim Carlson,Manager Real Estate&Public Works
Phone:605-782-1551
Fax:605-782-1561
October 18, 2006
Peter L. Bityou
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
Dear Mr. Bityou:
Enclosed please find you executed copies of License Agreements #060605
and #060705, requesting permission for installations of 2 water lines near
Pingree Grove, IL. Please let me know the schedule of this project and who is
going to be supplying the railroad protective insurance that is required for
these installations.
I also need a minimum of 72 hours notice of any work to be done in the
railroad right of way. Please make sure the insurance is in to me prior to the
notification of work. Thank you for your assistance in this matter.
Please Contact me directly at 605-782-1556, if you have any questions.
Sincerely,
m6e 4
Kimberly Miller
Assistant to Manager Real Estate & Public Works
IC&E Railroad
Enclosures
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