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HomeMy WebLinkAboutRESOLUTION - 1-98 - 1/13/1998 - APPLICATION FOR PERMITRESOLUTION NO. 1-98 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE AN APPLICATION FOR PERMIT TO USE TOLL HIGHWAY RIGHT-OF-WAY NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: APPLICATION FOR PERMIT TO USE TOLL HIGHWAY RIGHT-OF-WAY (Installation of a 16" emergency water supply connection between the Village of Elk Grove Village and the Village of Arlington Heights.) a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. ATTEST: VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 13th day of January , 1998• APPROVED this 13th day of January , 1998. Patricia S. Smith Village Clerk Craig B. Johnson Village President APPLICATION FOR PERMIT TO USE TOLL HIGHWAY RIGHT OF WAY THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY (Submit Three Copies) APPLICANT Village of Arlington Heights and Elk Grove 33 Arlington Heights Road 666 Landmeier Road Street City Arlington Heights, IL 60005 State Elk Grove Village, IL 60007 (1) The applicant hereby applies to The Illinois State Toll Highway Authority (hereinafter called "Authority" to grant a concession consisting of a permit to: (Briefly describe proposed use of Toll Highway Right of Way). Install a 16"emergency water supply connection between the Village of Arlington Heights and Elk Grove Village. The water main-villbe installed in a 36" diameter casing pipe (ASTM A-36 steel with 3/8" min wall thickness.) (2) Location of Toll Highway Right of Way to be used by Applicant: (a) Tollway Route I-90 (Northwest) (b) Tollway Mile (c) Tollway Station (e) County Cook (f) Nearest Cross Road Arlington Heights (d) Sec. 22 Twp. 41 N., R. 11 E. (g) Road (3) The Applicant attaches hereto and makes a part hereof plans and specifications of structure which use Toll Highway Right of Way. Applicant agrees to furnish such additional plans and specifications of structure as the Authority may request. In the event a permit is issued, applicant agrees to construct such work in accord with the plans and specifications submitted to and approved by the Authority. (4) The applicant further agrees and understands that the concession in the form of a permit herein requested, if issued, does not sell, lease, create an easement, or otherwise dispose of or encumber the Toll Highway Right of Way, or any part thereof, and does not create any charge or lien on the revenues of the Toll Highway. (5) The applicant further agrees that, in the event a permit is granted, applicant will, before commencing work under the permit, comply with all the Utility Policy & Regulations as adopted by the Authority on August 31, 1972 as amended and the acceptance, notice, bond and insurance requirements of the Authority, as set forth in the permit. —1- 10/79 (6) The Authority, in issuing the permit herein applied for, may rely upon the statements made herein as true. WITNESS the signature_ and seal— of the applicant— this 13th day of January , A.D. 19 98 . Craig B. Johnson (SEAL) Village President Patricia S. Smith (SEAL) Village Clerk (See note below for signature instructions) STATE OF ILLINOIS COUNTY OF Cook I SS (SEAL) I, Patricia S. Smith , a Notary Public in and for and residing in said County in the State aforesaid, do hereby certify. that Craig B. Johnson__ personally known to me to be the same person_ whose name_ subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that _he_ signed, sealed and deli ered the same instrument as free and voluntary act for the use and purposes set forth herein. Given under my hand and notarial seal this 13th day of January A.D. 1998 Patricia S. Smith Notary Public NOTE FOR SIGNATURES If the applicant is a corporation, have the President or other authorized officer sign the Corporate name by him as President, also have the Secretary attest his signature as Secretary and affix the seal of the corporation. If the applicant is a partnership, have each partner sign. If the applicant is a county, city, or other municipal corporation, have the application signed by the Chairman of the County Board, Mayor, or other officer and have the proper clerk attest the same and affix the corporate seal. Also, a certified copy of the resolution or ordinance authorizing the application must be attached. All inserts, attachments, documents or small plans which the applicant desires to have made a part of this application, or otherwise nemssary, shall be securely attached. EMU -11 —2— PERMITNO. NW 97-53 THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY (hereinafter called "Authority") hereby grants a concession in the form of this Permit this day of 19 NAME Villa e of Arlgrngton,lleiIlls and Elk ,.Gro e Village ��-f. ADDRESS 33 Arlingtsot>ie ght99�4: s-- 66 Landmeoer Road pi, q Arlin tonl�Ai` IL 1k ov.illa e, IL 60007 Install a 16" emergencylwatel»-supp y,ks o ticn, etween the Village of Arlington Heigli't3 e, j v�i%311 ge �h ter main will be installed in a 36't',�,PL'888'pipe (ASTM �A36 seer with 3/8" min. wall thicknes in accordance with an application dated 19 98 EFFECTIVE DATE Work may commence under this permit only after the Authority has received the Permit Bond, insurance coverage and accepted the terms and conditions of this Permit. CONSTRUCTION All work and construction done under this Permit shall be performed at the location and in accord with plans and specifications filed with the application for this Permit and approved by the Authority, which are made a part hereof; and also subject to the terms and conditions contained in this Permit. THIS PERMIT is subject to the following terms and conditions: (a) It is granted only insofar as the Authority has the legal right to do so under applicable provisions of 605 ILCS10/11 et. seq. of the Illinois Revised Statutes (as amended), and in accordance with all cuaent Standard Specifications and Utility Regulations adopted from time to time by the Authority. 03/01/96 _ _ (b) Nothing contained in this Permit shall in any way be construed as a sale, lease, or other disposi- tion or encumbrancing of the Toll Highway Right of Way or any part thereof, or as creating any charge or lien on the revenues of the Toll Highway. (c) All work done under this Permit shall be at expense of Permittee at no cost or risk whatsoever to the Authority or any authorized agent thereof. (d) Should it at any time be necessary or convenient, in the sole discretion of the Authority, in con- nection with the construction or operation of the Toll Highway System to change, alter or remove Permittee's work or improvements authorized by this Permit, such change, alteration or removal shall promptly be made by Permittee at the written direction of the Chief Engineer of the Authority, at no cost or expense to the Author- ity. If Permittee shall fail to change, alter or remove same upon said written demand, the required work may be performed by the Authority, and Permittee shall promptly reimburse the Authority for all engineering, con- struction and administrative cost, fees and expenses incurred by the Authority in connection therewith. (e) This Permit does not in any way release the Permittee from any liability for damage to persons or property caused by or resulting from the work covered by this Permit, is effective only insofar as the Authority has jurisdiction, and does not sanction any infringement of any applicable federal, state or local laws or regu- lations. Permittee shall also be liable for any damage to Authority property caused by Permittee or its agents and employees, or by the operation of its facilities. (f) The work authorized hereby, while under the direct control and supervision of the Permittee, shall be subject to inspections by the Authority or its duly authorized representative. (g) The work authorized hereby shall be accomplished in accordance with all current Standard Specifications and Utility Regulations adopted from time to time by the Authority. (h) If the work covered by this Permit is not completed on or before Permit shall terminate and be null and void. this (i) Written notice of beginning of the work shall be given to the Authority at least 3 days before the work begins. Written notice of completion of the work shall be given the Authority no later than 3 days after completion. Any notice required under this Permit shall be mailed to the Chief Engineer, The Illinois State Toll Highway Authority, or his duly authorized representative at One. Authority Drive, Downers Grove, Illinois 60515. 0) The work herein authorized shall not deviate from the approved plans and specifications submitted with the application and approved by the Chief Engineer of the Authority, without prior approval in writing by the Chief Engineer of the Authority or his authorized representative. (k) The Authority, in issuing this Permit, has relied upon the statements and representations made by the Permittee in the application therefor. and in case any statement in said application is found to be false, Authority, at its option, may revoke the Permit and, when so revoked, all rights of the Permittee hereunder shall thereupon be null and void. (1) No trees or shrubbery in the Right of Way of the Authority shall be trimmed, cut or disturbed without the approval of the Chief Engineer of the Authority, or his duly authorized representative. Areas within the Right of Way disturbed by work covered by this Permit shall be restored to the same condition as existed before such work began. Restoration work shall be subject to the approval of the Authority. (m) Where fence removal is necessary, removal shall be accomplished by disconnecting the webbing from the post, starting at pull post locations. When re -erecting the fence, the old webbing must be discarded and new webbing is to be used. —2— (n) The installation allowed by this Permit shall not cause any harm or interference to the Authority's public safety communications system. If any harm or interference to such communication system is observed by the Authority, the Permittee shall immediately shut down the interfering operation and correct such interfer- ence prior to resuming operations. (o) If the Permittee must perform any work which the Authority, in its sole discretion, determines will affect traffic or require traffic control or protection, the Permittee shall submit a traffic control and/or protection plan to the Authority for approval. No work affecting traffic shall be performed without the ap- proval of the Chief Engineer of the Authority. All costs of traffic control, including any police protection deter- mined by the Authority to be necessary, shall be paid for by the Permittee. (p) Permittee, its successors and assigns, shall be responsible for and shall protect, indemnify and save harmless, the Authority, its successors and assigns, from any and all liability, loss, costs, fees, damages, expenses, claims, actions and suits of every kind and character due to, but not limited to, damage to property or injury to or death of any person whomsoever, arising directly or indirectly out of or incident to the granting of this Permit, or the construction, maintenance, use, actions or inactions of Permittee or its employees, agents and successors, all to the fullest extent permitted by law, and liability of Permittee shall not be limited by any insurance required or provided by Permittee. Nothing herein contained shall be construed as prohibiting the Authority, its successors and assigns from defending any claims, actions or suits brought against the Authority, through the selection and use of its own attorneys. The Permittee shall be liable for all costs, fees and expenses incurred by the Authority in its defense of any such claim, action or suit, including reasonable attorneys fees. (q) In the event ownership of any property benefiting from the improvements to be constructed hereunder is transferred to others, Permittee agrees to bind all such subsequent owners to the terms and condi- tions of this Permit and to make and record as a part of any transfer of ownership of any such property all of the language contained in this Permit. (r) This Permit is revocable at the sole discretion of the Authority. (s) Insurance Requirements: Before commencing work under this Permit, the Authority must receive sufficient insurance, in form, term and amount satisfactory to the Authority, insuring Permittee, the State of Illinois, the Authority and its authorized representatives, against any damages and liability arising from or caused by the work authorized by this Permit. (t) Bond Requirements: Before commencing work under this Permit, The Authority must receive a Permit Bond in the amount of $ , on the Bond form provided by the Authority. (u) Permit Fees: This Permit is subject to payment of an engineering review fee of $ and also subject to payment of an annual occupancy fee as hereafter established from time to time by the Authority for permits of this type. 1-1 This Permit is subject to the following special terms and conditions, specified on the reverse side of this page. ACCEPTED BY: THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Craig B. Johnson Chu '° PERMMME Attest S«awry APPROVED BY: APPROVED AS TO FORM AND CONSITTUTIONALXrY CHIEF ENGINEER At yGc=W—State or Mimh M10