HomeMy WebLinkAboutRESOLUTION - 48-87 - 8/11/1987 - CHGO & NW RAILROAD/AGRMNTRESOLUTION NO. 48-87
A RESOLUTION AUTHORIZING THE PRESIDENT AND CLERK TO EXECUTE
AN AGREEMENT BETWEEN THE CHICAGO AND NORTHWESTERN RAILROAD
AND THE VILLAGE OF ELK GROVE VILLAGE (Nicholas Blvd. Project)
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:
Section 1: That the Village President be and is hereby authorized
to sign the attached documents marked:
"Chicago and Northwestern Railroad Agreement"
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.
PASSED
this
11th
day
of
August
1987.
APPROVED
this
11th
day
of
August
1987.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
AGREEMENT
THIS AGREEMENT, made and entered into by and between the VILLAGE OF
ELK GROVE, ILLINOIS, hereinafter called the "Village," and the CHICAGO ANO
NORTHWESTERN TRANSPORTATION COMPANY, hereinafter called the "Company."
WITNESSETH:
THAT, WHEREAS, NICHOLAS BOULEVARD as presently located in the
Village, cross at grade the industrial tracks of the Company; and the
crossings thus formed are constructed of asphalt; and
WHEREAS, the parties hereto desire to upgrade the tracks at the
crossing and to reconstruct the crossing proper with asphalt; and
WHEREAS, the Village and its inhabitants and the users of said
public streets will derive substantial benefits from reconstructing the grade
crossings, in conjuction with Village drainage and street improvements on
Nicholas Boulevard.
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements as hereinafter contained, the parties hereto agree as
follows:
SECTION 1. The parties hereto shall construct, or cause to be
constructed, the following items of work:
1. The Village shall furnish, or cause to be furnished, at its sole
cost and expense, all labor, materials, tools and work equipment
required to perform and complete:
a. Furnish all asphalt crossing materials.
b. Resurface street approaches, including area in track zone.
c. Furnish necessary barricades and completely close street
to permit crossing reconstruction.
d. Dispose of debris resulting from removal of existing
crossings and track rehabilitation.
e. Incidental items necessary to complete the above described
work.
2. Village agrees to pay to Company $44,000, which represents
$11,000 per rail crossing in consideration for Company work
outlined in Item #3.
3. The Company shall furnish, or cause to be furnished, at its sole
cost and expense, all labor, materials, tools and work
equipment required to perform and complete:
a. Remove existing crossing proper.
b. Rehabilitate track structure. Said crossing shall be 60+
feet wide.
c. Incidental items necessary to complete the above described
work, including removing track as necessary to facilitate
drainage work by Village Contractor.
SECTION 2. Upon completion of the work herein contemplated, the
Company shall maintain, at its expense, the renewed crossing proper; and the
Village shall maintain, at its expense, the streets up to the ends of the
track ties. Such maintenance obligation shall conform to the State law
governing same as it shall be from time to time in the future.
SECTION 3. The Village will require all contractors performing work
on or adjacent to the Company's right-of-way to have a Railroad Protective
Liability Insurance Policy and to carry Public Liability and Property Damage
Insurance, both as specified in the Federal Aid Highway Program Manual and
having limit of liability as follows:
Railroad Protective
Liability insurance
General Liability
neuranra
Personal Injury
Property Damage
Workmen's Compensation
Employee Injuries
Employers Liability
- $2,000 combined single limit per
occurrence with $6,000,000
aggregate limitation.
- $5,000/Person; $1,000/Occurance
- $500,000/Occurrence; $1,000,000/
Aggregate
- Statutory
- $100,000
SECTION 5. This Agreement shall become effective upon execution by
both parties hereto and shall be binding upon the parties, their successors
or assign.
IN WITNESS WHEREOF, the parties have caused these presents to be
executed in duplicate counterparts, each of which shall be considered as an
original, as of the dates below indicated.
ATTEST:
ATTEST:
Patricia S. Smith
Vi I I age 57V_
E-13
CHICAGO AND NORTHWESTERN
TRANSPORTATION COMPANY
'MJ
Elk Grove Village, ILLINOIS
By Charles J. Zettek
President Mayor