HomeMy WebLinkAboutResolution #1129RESOLUTION N0. 11 29
A RESOLUTION APPROVING A "PIPE LINE LICENSE" BETWEEN THE CITY OF CANTON AND
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY AND AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER SAID AGREEMENT ON BEHALF OF
THE CITY OF CANTON, ILLINOIS.
WHEREAS, the Canton City Council has determined that it is necessary and
in the best interest of the City of Canton to enter into a "Pipe Line License"
with the Atchison, Topeka and Santa Fe Railway as set forth in Exhibit "A"
hereto attached.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON,
Fulton County, Illinois as follows:
1. That Exhibit "A" hereto attached and herein incorporated by reference
is hereby approved by the Canton City Council.
2. That the Mayor and City Clerk are hereby authorized and directed to
execute originals of Exhibit "A" and to deliver the same on behalf of the City
of Canton.
3. That this Resolution shall be in full force and effect immediately upon
its passage by the City Council of the City of Canton, Fulton County, Illinois,
and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County, Illinois
at a regular meeting this 17th day of December , 1985, upon a
roll call vote as follows:
AYES: Aldermen May, Bohler, Falcone, Zilly, Kovachevich,
NAYS : None .
ABSENT: Aldermen Chapman, [workman, Sarff ,
APPROVED:
.,
Donald E. Edwards, Mayor.
ATTEST:
~ ~
~~
an Whites City Clerk.
Puialica'cion instructions
D ~'Ui~i~~i ~~,L,;.:~~:st~! :;',~~elati~n newspaper
~L
City Att Date
1 d
The Atchison, Topeka and Santa Fe Railway Company
900 Jackson Street
P.O. Box 1738
Topeka, Kansas 66628 JUly 29, 1985 f`,; ~.,=
2-4041 -- ~ ,,t ~ ~ ,
(,,~ , ~.
~~
City of Canton, Illinois
210 East Chestnut
Canton, Illinois 61520
Gentlemen:
Referring to your request to construct an underground 24" sewage
pipeline across Santa Fe's right of way at Canton, Illinois.
Enclosed, in duplicate, is Santa Fe's standard license agreement
covering your proposed installation as identified by Exhibit No. 1-04041.
This aareement should be executed by the Mayor, att„~„tg~ b~~the City Clerk and
the ori~ina_1 counterpar~~`~s"~ampecTan~a Fe Original" ) returne~o~`e "~~
undersigned, toge er with remittance of the $400.00 consideration specified
therein.` ~t will also be nece~s~~y-ghat w~...b~ ~Ylirnish_ed a copy of the City's
reso_ ution__-or~=~Taction authorizing execution o ~ e ocumenou may
retain the duplicate counterpart of the license agreement for your records.
Upon return of the completed agreement, it will be satisfactory for
you or your contractor to make the installation; however, you should contact
Santa Fe's Contract Representative in our Division Office at Ft. Madison,
~elwa, telephone (319) 372-7733, at least 48 hours in advance of your
anticipated construction in order that they may provide any flagging
protection that may be necessary. It will also be necessary that your
construction crew or contractor have in its possession afully-executed copy
of the enclosed agreement or satisfactory evidence from our Division
Superintendent or his representative that they have permission to be on our
right of way to make the installation.
If you have any questions concerning this matter, please contact
Jack Dick, telephone (913) 357-2228.
Yours truly,
__..~ '
R L. Ba ion
General Manager
0126L/1868e/2228/3
R Santa Fe Southern Pacific Company
PIPr. LINE LICEidSE
THIS LICENSE, Made this
between TFE ATCHISON, TOPEKA
corporation (hereinafter called
CITY OF CANTfl~J, ILLINnI5,
part.
11th day of Jul , 1985 ,
~SRNTA FE:""-R`~13CWAY c~i~r; a Delaware
"Licensor"), party of the first part, and
WITNESSETH, That the parties hereto for the consideration hereinafter
expressed covenant and agree as follows:
1. 5ub,ject to the terms and conditions hereinafter set forth,
Licensor licenses Licensee to construct and maintain
(1 ) pipe lute , 2~t
inches in dia der ere er, er one or more p pe nes, ca e t e
"PIPE LIh~"), across or along the right of way of Licensor at or near the
station of Canton Fulton Count Illinois ,
the exact locat ono the L be ng more part cu ar y shown y bo d
upon the print hereto attached, Na. 1-C34t341 , dated
June 13, 1985 , ma a xh b a ma apart hereo`~.
2. Licensee shall use the PIPE LINE solely far carrying
sewa
and sha no use t to carry any other commodity or or any other purpose
whatsoever.
(a) Licensee covenants that it will not handle or transport
through the pipeline on Licensor's property "hazardous waste" or "hazardous
substances", as "hazardous waste" and "hazardous substances" may now or in the
future be Mined by any federal, state, or local governmental agency or
body. In the event the Pipe Line is now ar in the future used in handling, or
transporting of "hazardous waste" or "hazardous substances", Licensee agrees
fully to comply with all applicable federal, state, and focal laws, rules,
regulations orders, decisions and ordinances (hereinafter referred to as
"Standards"~ concerning "hazardous waste" and "hazardous substances".
Licensee further agrees periodically to furnish Licensor with proof,
satisfactory to Licensor, that Licensee is in such compliance. Should
Licensee not comply fully with the above-stated obligations of this Section,
notwithstanding anything contained in any other provision hereof, Licensor
may, afi its option, terminate this License by serving five (5) days' notice of
termination upon Licensee; but any waiver by Licensor of any breach of
Licensee's obligations shall not constitute a waiver of the right to terminate
this License for any subsequent breach which may occur, or to Pnforce any
other provision of this License. Upon termination, Licensee shall remove the
pipe line and restore Licensor's property as herein elsewhere provided.
3-4-X35-1658/210L
(b) Notwithstanding anything cantairied in the liability section
hereof, in case of a breach of the obligations contained in this Section, or
any of them, regardless of the negligence or alleged negligence of Licensor,
Licensee agrees to assume liability for and to save and hold harmless Licensor
from and against all injuries to any person and damage to property, including
without limitation, employes and property of Licensor and Licensee arxi all
related expenses, including without limitation attorneys' fees, investigators'
tees and litigation expenses, resulting in whol® or in part from Licensee's
failure to comply with any Standard issued by any governmental authority
concerning "haaardous substances" andlor "haaardous waste". Licensee, at its
cost, shall assume the defense of all claims, suits or actions brought for
damages, and fines or penalties hereunder, regardless of whether they are
asserted against Licensor ar Licensee. Licensee also agrees to reimburse
Licensor for all costs of any kind incurred as a result of the Licensee's
failure to comply with this Section , including, but not limited to, fines,
penalties, clean-~ and disposal costs, and legal costs incurred as a result
of Licensee's handling, transporting, or disposing of "hazardous waste" or
"hazardous substances" on the property of Licensor.
(c) It is unc9erstood and agreed that a Licensee who does not
now, or in the future, generate, handle, transport, treat, store or dispose of
on Licenser's property "hazardous waste" ar "haaardous substances" within the
meaning of the Section, is not subject to the provisions of Section 2 (b)
hereof.
3. Licensee shall pay licensor as compensation for this license the
sum of Four Hundred and NoI100 Dollars 000.00)
~. Licensee shall, at its own cast and subject to the supervision
and control of Licenser's chief engineer, 1oc$te, construct and maintain the
PIPE LINE in such a manner anti of such material that it will not at any time
be a source of danger to or interference with the present or future tracks,
roadbed and property of Licensor, or the safe operation of its railroad. In
cases where the licensee is permitted under paragraph 1 t~ereot to use the PIPE
LIt~ for o31 as troleum roduets or other flammable or hi hl volatile
substances under pressure, the PI L N sh be constructed, nsta ed and
thereafter maintai-ned in conformity with the plans and specifications shown on
print hereto attached in such cases, marked Exhibit 8 and made a part hereof.
If at any tirr~ Licensee shall, in the judgment of Licensor, fail to perform
properly its obligations under this paragraph, Licensor may, at its option,
itself perform such work as it deems necessary for the safe operation of its
railroad, and in such event Licensee agrees to pay, within fifteen (15) days
after bill sha11 have been rendered therefor, the cost so incurred by
Licensor, but failure on tMe part of Licensor to perform the obligations of
Licensee shall rrot release Licensee from liability hereunder for loss or
damage occasioned thereby.
5. Licensee shall reimburse Licensor far any expense incurred by
Licensor for false work to support Licensor's tracks and for flagman to
protect its traffic during installation of the PIPE LINE and for any and all
other expense incurred by Licensor an account of the PIPE LINE.
2 -
3-4-8SI1658/210L
6. Licensee shall at all times indemnify and save harmless Licensor
against and pay in full all lass, damage, or expense that Licensor may
sustain, incur or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of the PIPE LINE,
including any such lass, damage or expense arising out of (a) loss of ar
damage to property, (b) injury to or death of persons, (c) mechanics' or other
liens of any character, or (d) taxes ar assessments of any kind.
7. Zf at any time Licensee shall fail ar refuse to comply with ar
carry out any of the covenants herein contained Licensor may at its election
forthwith revoke this license.
~. This license is given by Licensor and accepted by Licensee upon
the express condition that the same may be terminated at any time by either
party upon ten (10) days' riatice in writing to be served upon the other party,
stating therein the date that such termination shall take place, and that upon
the termination of this license in this ar any other manner herein provided,
Licensee, upon demand of Licensor, shall abandon the use of the PIPE LINE and
remove the same and restore tt~,e right of way and tracks of Licensor to the
same condition in which they were prior to the placing of the PIPE LINE:
thereunder. In case Licensee shall fail to restore Licensor's premises as
aforesaid within ten (10} days after the effective date of termination,
Licensor may proceed with such work at the expense of Licensee. No
termination hereof shall release Licensee from any liability or obligation
hereunder, whether of indemnity ar otherwise, resulting from any acts,
omissions or events happening Prior to the date the PIPE LINE is removed arxi
the right of way and track of Licensor restored as above provided.
9. In the case of the eviction of Licensee by anyone owning or
obtaining title to the premises on which the PIPE LINE is located, or the sale
ar abandonment by Licensor of said premises, Licensor sha11 not be liable to
Licensee far any damage of any nature whatsoever or to refund any payment made
by Licensee to Licensor hereunder, except the proportionate part of any
recurring rental charge which may have been paid hereunder in advance.
10. Any notice hereunder to be given by Licensor to Licensee shall
be deemed to tie properly served if it be deposited in the United States Mail,
postage prepaid, addressed to Licensee at 210 East Chestnut
ratan nos 6
Any not ce to be g ven hereunder by censee o censor she be deemed
to be properly served if the same be deposited in the United States bail,
postage prepaid, addressed to Licenser's General Manager at P. 0. Box 1738,
9~ 3ackson Street, Topeka, Kansas 66628.
ll. In the event that two ar more parties execute this instrument as
Licensee, all the covenants acid agreements of Licensee in this license shall
be the ,point and several covenants and agreements of such parties.
3-4-85-1658/21..
-3-
12. All the covenants and provisions of this instrurm?nt shall be
binding upon and inure to the benefit of the successors, legal representatives
and assigns of the parties to the same extent and effect as the same are
binding upon and inure to the benefit of the parties hereto, but no assignment
hereof by Licensee, its successors, legal representatives or assigns, or any
subsequent assignee, shall be binding upon Licensor without the written
consent of Licensor in each instance.
13. Notwithstanding any other provisions of this license, Licensee
shall comply with all statutes, ordinances, rules, regulations, orders and
decisions (hereinafter referred to as "standards"), issued by any federal,
state or Ioca1 governmental body or agency established thereby (hereinafter
referred to as "Authority"), relating to Licensee's use of Licensor's property
hereunder. In its use of the premises, Licensee shall at all times be in full
compliance with all Standards, present or future, set by any Authority,
including, but not limited to, Standards concerning air quality, water
quality, noise, hazardous substances and hazardous waste. In the event
Licensee fails to be in full compliance with Standards set by any Authority,
Licensor may, after giving reasonable notice of the failure to Licensee, and
Licensee, within thirty (3C1) days of such notice, fails either to correct such
non-compliance or to give written notice to the Licensor of its intent to
contest the allegation of non-cor~liance before the Authority establishing the
Standard or in any other proper forum, take whatever action is necessary to
protect the premises and Licensee's railroad and other ad,~aeent property.
Licensee shall reimburse the Licensor for all costs (including but not limited
to, consulting, engineering, clean-up and disposal costs, and legal costs)
incurred by the Licensor in complying with such Standards, and also such costs
incurred by the Licensor in abating a violation of such Standards, protecting
against a thueatened violation of such Standards, defending any claim of
violation of such Standards fn any proceedirx~ before any Authority or court,
and paying any fines or penalties imposed for such violations. Licensee shall
assume liability for and sha11 save and hold harmless the Licensor from any
claim of a violation of such Standards regardless of the nature thereof or the
Authority or person asserting such claim, which results from Licensee's use of
Licensor's premises, whether such claim arises in whale or in part from the
negligence ar alleged negligence of the Licensor or otherwise. Licensee, at
its cost, shall assume the defense of all such claims regardless of whether
they are asserted against Licensee or Licensor.
14. Upon written notice from Licensor, Licensee agrees to assume the
defense of any lawsuit, administrative action or other proceeding brought
against Licensor by any public body, individual, partnership, corporation, or
other legal entity, relatinr~ to any matter covexed by this License for which
Licensee has an obligation to assume liability far and/or to save and hold
harmless the Licensor. Licensee shall pay all the costs incident to such
defense, including, but not limited to, attorneys' fees, investigators' tees,
litigation expenses, settlement payments, and amounts paid in satisfaction of
judgments. Any and all lawsuits or administrative actions brought or
threatened on any theory of relief available at law, in equity or under the
rules of any administrative agency sha11 be covered by this section,
including, but not limited to, the theories of intentional misconduct,
r~gligence, breach of statute or ordinance, or upon any theory created by
statute or ordinance, state or federal.
3-4-t~5-1658/210L - 4 -
IN WITNESS WHEFtEQF, the parties have executed this agreer~nt in
duplicate the day and year first above written.
THE ATCHISON, Tt~EKA AND SANTA FC F~AILWAY COkf"At~Y
i3Y . ~.~~,.~s-...~
Its Assistant to General Manager
ATTEST:
ZL
C' t erk
APPROVED AS TO Fi~2W1
Genera ttorney -Kansas
CITY/~U/F~~`NTDN,'" ILLINI~I5
RY ~r4~~~ f G <~~f~__.~?
Its Ma~ror
-5-
3-a-8S-1658/21OL
2435b/6
y • 1 }
8ECY'3 NO.
EXHIBIT "A"
ATTACHED TO CONTRACT BETWEEN
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
AND
C/TY OF CANTON
CHICAGO. ILLINOIS
SC9~• 1 INTO /00 FT.
/LL O/S DIV
PEOR/A D I S T.
DATE : /U/YE /3, /985
ST
q LELE
0
h
.~ --
~.. -..
O y co~~ L:rJc
-~-To Loroa~x
nN-
N
t a ~ .~
CHIEF ENGINEER
DESCRIPTION APPROVED
__ To Lo9anspo~>~--~
b
•~ •, ~~
I
~~ ~I:
i
i
i
~o E. S. 7406 t 9T >I<
oQ M. P. /40f/445¢
~o
m~
DESCRIPTION OF PIPELINE UNDER BR. 140.26
PIPE LINE LOCATED A3 SHOWN
PIPE BASE OF RAIL
CARRIES PRESSURE 312E KIND THICKNESS LENGTH TO TOP OF PIPE
CL 30
DaCti~t
CARRIER ~~ Z4' ~~ 038 " //V• 3' ,3/ '
(3~ ow N.C3.)
CASING /V/A -
AT CANTON, Futroiv C.E. DRAWING NO. 1 - 044/
couNrY ~cc iNOis
DIV. DWQ. NO. DIV. FILE NO. Q.M. FILE NO. C.E. FILE NO. ~-G~40-C
G7F
~:
W
oc
a
IN WITNESS WHEREOF, the parties have executed this agreement in
duplicate the day and year first above written.
THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
BY ~~
Its Assistant to General Managef
CITY OF CANTON/, ILLINOIS /~/~
ATTEST:
r ~ ~,
ity ,(~' erk
~S TO FO t~
Attorney -
s
Its Mayor
- 5 -
3-4-85-1658/210L
2435b/6