07-57 'I
OF Etc
� \ ��§ City of Elgin
January 29, 2009
RE: Resolution No. 07-57
Agreement#011207 with Iowa, Chicago and Eastern Railroad Corporation regarding
construction of a 16 inch water line in the Pingree Creek development
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
--
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SIGNEDs—%1 /u C �c•.��rr7 t
WIlsonJ008Ss WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
Resolution No. 07-57
RESOLUTION
AUTHORIZING EXECUTION OF LICENSE AGREEMENT #011207
WITH IOWA, CHICAGO AND EASTERN RAILROAD CORPORATION
REGARDING CONSTRUCTION OF A 16 INCH WATER LINE
IN THE PINGREE CREEK 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 16 inch water
line in the Pingree Creek Development,a copy of which is attached hereto and made a part hereof by
reference.
s/Ed Schock
Ed Schock, Mayor
Presented: February 28, 2007
Adopted: February 28, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
s/Jennifer Quinton
Jennifer Quinton, Deputy City Clerk
LICENSE AGREEMENT#011207
IOWA, CHICAGO 8c EASTERN RAILROAD CORPORATION, a Delaware 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" 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 44.08,1679' east of Reinking Road centerline, 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 January 23, 2007,
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's 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 the 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;
1
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
e
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 services required when men, equipment, material, structures or any other
obstructions are placed within 25 feet laterally of the centerline of track;
C. Flagging services required 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 Zero
Dollars and no/100($0.00). This facility is installed in public right of way.
IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this
day of C-0.,6r%my v ,2007.
J l
ATTEST: IOWA,CHICAGO&EASTERN
RAILROAD CORPORATION
By:
Title:
is
The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the
terms and conditions therein stated.
ATTEST: CITY OF ELGIN
-
By.
C
6/ /c/�� ED SCHOCK
Title: MAYOR
CITY CLERK
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SIOUX FALLS, S.D.
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LOCATION: Pingree Grove, IL
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License Agreement #011207
CITY OF ELGIN ,
; "b ' "''.• i;:;;; r;;,
•-• MP 44.08— 1679' East of Reinking Rd.
Centerline—UG 16" Water Pipe
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DATE01-23-07 SCALE: 1"=400' 1k1.i,
. 1
•
LICENSE AGREEMENT#011207
IOWA, CHICAGO &EASTERN RAILROAD CORPORATION, a Delaware 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" 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 44.08, 1679' east of Reinking Road centerline, 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 January 23, 2007,
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's 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 the 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
(111'‘ work performed by the Company in manner stated herewith:
A. Flagging services performed per day-$300.00 or actual expenses,incurred by Licensee;
B. Flgging services required when men, equipment, material, structures or any other
obstructions are placed within 25 feet laterally of the centerline of track;
C. Flagging services required 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 copyof this agreement must be in the
� � g
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 1
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
r 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 Zero
Dollars and no/100($0.00).This facility is installed in public right of way.
IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this
day of ,2007.
ATTEST: IOWA,CHICAGO&EASTERN
RAILROAD CORPORATION
By:
Title:
The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the
terms and conditions therein stated.
ATTEST: CITY OF ELGIN
By:
Title:
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EASTERN RAILROAD
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SIOUX FALLS, S.D.
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,. LOCATION: Pingree Grove, IL —
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................ .c. S, *4 ' License Agreement #011207
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MP 44.08 - 1679' East of Reinking Rd.
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Centerline- UG 16" Water Pipe
...„...- DATE: 01-23-07 SCALE: 1"=400'
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LICENSE AGREEMENT#011107
IOWA, CHICAGO &EASTERN RAILROAD CORPORATION,a Delaware 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 20" sanitary sewer line
hereinafter referred to as"Facility", upon and across the right-of-way and property and tinder or over the tracks
of the Company near MP 44.08, 1728' East of Reinking Rd., 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 January 23,2007,
attached hereto,made a part hereof,for the sole purpose of disposing of sanitary waste.
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's 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 the 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.
rik
6. The Licensee or its contractor agrees to pay the Company the actual costs of flagging services
1
ti
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 services required when men, equipment, material, structures or any other
•
obstructions are placed within 25 feet laterally of the centerline of track;
C. Flagging services required 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
Seven Hundred Fifty Dollars and no/100 ($750.00).
IN WITNESS WHEREOF, this instrument is executed at Sioux Falls, South Dakota this
day of ,2007.
•
ATTEST: IOWA,CHICAGO &EASTERN
RAILROAD CORPORATION
By:
Title:
•
The undersigned, the Licensee mentioned in the foregoing License, ACCEPTS the same subject to the
terms and conditions therein stated. .•
•
ATTEST: CITY OF ELGIN
r By:
Title:
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SIOUX FALLS, S.D.
.............000.00,01:.:.:. 1. ,,c, 4; LOCATION: Pingree Grove, IL
NN-NNN\ License Agreement #011107
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'4 r. CITY OF ELGIN
MP 44.08- 1728' East of Reinking Rd.
Centerline- UG 20" Sanitary Sewer i
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DATE: 01-23-07 SCALE: 1"=400'
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OF Et
0,.00 ' Agenda Item No. k<
4j § City of Elgin
\�
,00
February 9, 2007
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager ,;,,,;;;,,ti,;;,;t.
Joe Evers, City Engineer Cit; <., ,„
SUBJECT: License Agreement with Iowa, Chicago and Eastern Railroad Corporation for
Crossing Railroad Tracks for Construction of a Water Main and a Sanitary Sewer
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to authorize the execution of two license agreements with the Iowa, Chicago and
Eastern Railroad Corporation for crossing their railroad tracks to construct a 16-inch water main
and a 20-inch sanitary sewer within the Pingree Creek Development.
RECOMMENDATION
It is recommended that the City Council authorize the execution of the two subject two license
agreements in the amount of$750 with Iowa, Chicago and Eastern Railroad Corporation for use
of their right-of-way for the proposed installation of a 16-inch water main and a 20-inch sanitary
sewer.
BACKGROUND
On February 22, 2006, the City of Elgin entered into the "Public Improvements Construction
Agreement" with several development companies for the construction of sanitary sewer and
water main to extend service from the Providence Subdivision to the Highland Woods, Pingree
Creek and HPI East developments. The attached license agreements will permit the extensions
to cross the Iowa, Chicago and Eastern Railroad's right-of-way in order to serve the north half of
the Pingree Creek development.
The developer's engineer, Sheaffer and Roland, Inc., designed the sanitary sewer and water main
extension. Plans for the extensions indicate that these utility extensions will be crossing the
railroad at two locations. Both crossings are near Mile Post (MP 44.08), approximately 1,700
feet east of the Reinking Road railroad crossing within the Village of Pingree Grove. Both
crossings are located within the City of Elgin corporate limits. The water main crossing is
identified by license agreement number 011207 and the sanitary sewer crossing is identified by
license agreement number 011107.
.
•
rib' Water Railroad Crossing License Agreement
February 9, 2007
Page 2
The license agreements stipulate that the City is authorized to cross the railroad's right of way in
the above noted locations for a total fee of$750.00.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
?lbFINANCIAL IMPACT
The cost of the license agreements with Iowa, Chicago and Eastern Railroad Corporation totals
$750. As described in the "Public Improvements Construction Agreement" the City issued $10
million in general obligation bonds to fund sewer and water improvements connected with the
project with users of the improvement reimbursing the City for the debt retirement. The $750
per crossing fee is an eligible project cost and can be invoiced against the balance of the $10
million agreement. The parties to the above agreement shall also be financially responsible for
any other costs related to the crossing work such as insurance and railroad flag persons.
L AL IMPACT
one
ALTERNATIVES
1. Approve the license agreements with Iowa, Chicago and Eastern Railroad Corporation.
2. Do not approve the license agreements at this time which would impact the ability to
serve the Pingree Creek development to proceed.
Respectfully submitted for Council consideration.
(do)
Attachment