HomeMy WebLinkAboutRes 53-99 11/16/1999 wl/
1t/11/99
RESOLUTION NO. 53-99
A RESOLUTION AUTHORIZING EXECUTION OF
A RAILROAD RIGHT-OF-WAY LANDSCAPE BEAUTIFICATION LEASE
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND UNION PACIFIC RAILROAD COMPANY
WHEREAS, the Village of Mount Prospect is desirous of entering into a lease agreement with
Union Pacific Railroad Company for railroad right-of-way landscape beautification; and
WHEREAS, such lease will allow the Village of Mount Prospect to plant and maintain vegetation
on the Union Pacific right-of-way within the corporate limits of Mount Prospect,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do
hereby authorize execution of a Lease Agreement between Union Pacific Railroad Company and
the Village of Mount Prospect for railroad right-of-way landscape beautification within the corporate
boundaries of the Village, and said Lease shall be for a period of one (1) year and thereafter,
unless terminated as hereinafter provided as set forth in the Lease, a copy of which is attached
hereto and hereby made a part hereof as Exhibit A.
SECTION TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES: Corcoran, Lohrstorfer, Skowron, Wilks
NAYS: None
ABSENT: Hoefert, Nocchi
PASSED and APPROVED this 16th day of November ,1999,
Gerald L. Farle¢ ' / ~
Mayor
Velma/W. kowe
Village Clerk
H:\GEN\flles\WlN\RES\LEASE.train. ROWbeautification.doc
RAILROAD RIGHT-OF-WAY
LANDSCAPE BEAUTIFICATION LEASE
UNION PACIFIC RAILROAD COMPANY (hereinafter called
"Company") hereby leases to the VILLAGE OF MOUNT PROSPECT, COOK
COUNTY, ILLINOIS (hereinafter called "Lessee") to use for
planting, pruning and otherwise maintaining landscaping
("Landscape Beautification") the entire Union Pacific right-of-
way in Mount Prospect, Illinois, subject to the express terms
and conditions of this Lease, the Specifications (the
"Specifications") attached hereto as Exhibit A and hereby made
a part hereof, and a Landscape Beautification Plan attached
hereto as Exhibit B and hereby made a part hereof (the
~Premises#). This Lease (the "Lease") shall become effective
, 1999 and shall run for a period of one year and
thereafter unless terminated as hereinafter provided.
Lessee agrees to pay Company as rent for the Premises the
sum of TEN AND NO/100 DOLLARS ($10.09) per year payable annually
in advance. Nothing herein shall limit or modify the terms and
conditions of any other agreement between Company and Lessee for
use of Company's right-of-way or any portion of the Premises for
other than Landscape Beautification.
This Lease is given upon the following express terms and
conditions herein and the Specifications and Landscape
Beautification Plan as finally authorized by the Illinois
Commerce Commission (the ~ICC Authorized Specifications") and
should the Lessee at any time violate any of said terms,
conditions or the ICC Authorized Specifications, or use or
attempt to use the Premises for any other or different purpose
than that stated herein, then the Company may, at its option,
immediately terminate this Lease.
As a material consideration for entering into this Lease and
without which Company would not enter into same, Lessee covenants
and agrees to indemnify, save harmless and protect the Company
and the Commuter Rail Division of the Regional Railway Authority
("Metra") from and against any and all loss, damage, injury,
claim, demand, fine, lawsuit, judgment and/or liability, and any
and all costs, expenses and legal fees in connection therewith by
reason of injuries to or death of persons and/or loss of or
damage to property and/or violation of any law, ordinance or
regulation ("Claim") to the extent such Claim arises out of or is
connected with Lessee's Landscape Beautification of the Premises
or any act or omission of (i) Lessee, its officers, employees,
contractors, or agents, and/or (ii) and other person(s)
performing any work or service for or on behalf of the Lessee on
or about said Premises or arising out of their presence on said
Premises. Notwithstanding the foregoing, Lessee shall not be
obligated to indemnify and hold harmless Company and Metra for
personal injury, death and/or property damage to the extent
arising out of the acts or omissions of the Company, Metra or the
officers, employees, agents or contractors of either the Company
or Metra.
Company reserves the right to use, occupy and enjoy the
Premises and its tracks, property and right-of-way, for such
purpose, in such manner, and at such time as it shall desire, the
same as if this instrument had not been executed by it, including
the right to lease or license any of the Premises for commercial
or industrial purposes without any prior notification to Lessee.
Lessee accepts the Premises subject to the rights of any
party, including Company, in and to any existing roadway,
easements, permits or licenses. Lessee further accepts the
Premises subject to rights of any party, including Company, in
and to any existing telephone, telegraph, or other wires, and
poles and facilities of any kind whatsoever, whether or not of
record.
Company reserves the right to maintain or relocate its
existing facilities, or to construct and thereafter maintain new
facilities, in the vicinity of the Premises with no liability for
damages to Lessee's interests or Premises resulting from such
beautification activities.
Lessee recognizes and assumes all responsibility for all
present and future environmental liability or responsibility
imposed under applicable environmental laws, regulations or any
other similar requirements relating to any contamination of the
Premises or groundwater thereunder or discharge or release to
adjacent property arising from or in any respect aggravated or
altered by any operations or activities by, or any equipment or
facilities used by or permitted on the Premises by Lessee in
performance of Landscape Beautification (the foregoing
hereinafter referred to as "Lessee Landscape Beautification
Operations"). Lessee, therefore, agrees to indemnify and hold
harmless Company, its officers, agents, and employees from any
and all liability, fines penalties, claims, demands, loss or
lawsuits brought by any third party or governmental agency under
any theory of law against Company seeking to hold Company liable
for any investigation, response or cleanup costs, penalties or
damages, whether personal property or environmental, for any
contamination of any property or groundwater thereunder or
discharge or release to adjacent property arising out of or in
any respect aggravated or altered by Lessee Landscape
Beautification Operations. Lessee agrees that the above
indemnity extends to any liability resulting from or arising out
of Lessee's implementation of any investigation, response or
cleanup plan approved by the United States Environmental
Protection Agency or companion state agency. Lessee further
agrees to undertake at its own expense any investigation,
response or cleanup of any contamination of the Premises and
groundwater thereunder arising from or in any respect aggravated
or altered by any Lessee Landscape Beautification Operation and
to promptly notify Company of any event, notice, claim, demand or
litigation which involves or alleges contamination of the
Premises, the groundwater thereunder or a discharge or release
therefrom to adjacent property. Lessee agrees to waive any and
all statutes of limitations applicable to any controversy or
dispute arising out of this paragraph, and Lessee further agrees
that it will not raise or plead a statute of limitations defense
against Company in any action arising out of Lessee's failure to
comply with this paragraph.
Company, its agents, employees and authorized contractors
shall have the right to enter the Premises or any part thereof,
at all reasonable hours, for the purpose of inspecting the
Premises to determine if Lessee is complying with all terms and
conditions of this Lease and/or to determine through inspection
and/or testing if any hazardous condition, pollution or
contamination is present or threatened. Lessee agrees to
cooperate with Company in any such inspection and to provide at
Company's request any and all permits, reports, or records of any
kind, relating to any materials used, stored, treated or disposed
of on the Premises.
Either party hereto shall have the right at any time to
cancel this Lease by giving ten (10) days' notice in writing. At
the expiration for the time limited by said notice, the Lessee
shall promptly, and in the manner directed by Company, restore
the Premises to the condition it was in prior to the leasing of
same. Upon default of the Lessee to do so, the Company may
accomplish the same and so restore the Premises, and the Lessee
will promptly pay to the Company for the cost and expense of such
restoration. In addition, at termination Lessee shall provide
evidence, reasonably satisfactory to Company, that the condition
of the Premises and all improvements thereon attributable to the
acts and/or omissions of Lessee during the term of this Lease
comply with all applicable laws, regulations and standards.
IN WITNESS WHEREOF, the parties have executed these presents
on , 1999.
UNION PACIFIC RAILROAD COMPANY VILLAGE OF ~j~NT PROSPECT /~
By: B
Title: Title: ~ ~
Mun±¢ipal Clerk
Resolution/Ordinance number
G: \I~W\CONTRACT\C18161. 004
EXHIBIT A
SPECIFICATIONS
1. No planting or other landscaping material, installed after the date this lease becomes effective, shall
be allowed within 16 feet ofthe edge of the nearest tie nor allowed to grow rote this zone other than
grass or ground cover, which will not grow in excess of three (3) feet in height.
Plantings installed prior to that date, except for grass or ground cover which will not grow in excess
of three (3) feet in height, shah be maintained so that they do not grow any closer than 15' from the
center of the outside mil.
2. Any planting or other landscape material, installed after fiae date this lease becomes effective, on the
railroad right-of-way within 500 feet of any grade crossing shall be maintained so as not to exceed a
height of three (3) feet above the adjacent ties.
Plantings installed prior to that date which are grow'rog within a proscribed sight triangle as defined
below, shall be maintained no higher than 3', except for decidious trees whose crowns shall be
maintained no lower than 15' above the adjacent ties. The sight triangle shall be determined by
connecting with straight lines the following three points: 1) a point intersected by the outside rail and
the edge of pavement of the intersecting street, 2) a point measured 300 feet along the outside mil
from point #1, and 3) a point where a pedestrian walking along the intersecting street would first step
onto the railroad right-of-way.
3. Any grading or future planting done on Company's property must be approved in writing by
Company's Engineering Depai~iient located at 500 West Madison, Suite 3610, Chicago, Illinois
60661.
4. Except for routine landscape maintenance such as mowing, weeding, etc., any work done on
Company's property closer than 16 feet from the edge o£the nearest tie will require a flagman. The
flagraan will be provided by Con, any at Company's expense.
There is to be no interference with Company facilities, including pole lines, drainage structures'and
signal apparatus.
6. There is to be no adverse effect to visibility or drainage on Company property.
7. Lessee shall not comet or permit to be constructed any building, structure, excavation or any other
obstruction without the written consent of Company's Engineering Department.
8. The Union Pacific Railroad Company will not, in any way, share in the cost of landscaping or for any
improvements to the area covered bythis lease.
9. The Union Pacific Railroad Company will not be responsible for any damage to the landscaping or
improvements.
10. Plantings which were installed in the area 100' west of Main Street and 100' east of Emerson Street,
as shown on the approved landscape plan, shall be maintained as per the ICC Exemption order dated
April 10, 1985.
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