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Home My WebLink About32189 / 82-13December 2, 1982 PURPOSE: INITIATED BY: 1� 13 RESOLUiION LICENSE AGREEMENT WITH CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY DEPARTMENT OF PUBLIC WORKS BE IT RESOLVED by the Co�on Council of the City of Oshkosh that the pzoper City oEficials are hereby authorized and directed to enter into t� attached license agreement with the Chicago and North Western Transportatfon Company to permit a storm sewer on railroad propexty along the North line of Riverside Cemetery in Oshkosh, Wisconsin. BE IT FURTHER RESOLVED that money for this purpose is hereby appropciated from: Account No. 335-999, Sewer Separation Fund Expenditure. SJBMITTED BY - 13 - __ �/.� � Form 2036 - Pa,e 1 Revised 1981 CNICFlGO AND NORTH klESTERN TRAi1SPORTATIOPI CO�v"DAIiY (hereinafter called "Company) hereby licenseS the CITY OF OSHKOSH, 4JISCONSIN (hereinafter called "Licensee") to construct, maintain and use, a storm sewer (hereinafter called "facility") upon the property and under the tracks of the Company at Oshkosh, Wisconsin in the location and position, and in accordance with the specifications shown on map dated October 15, 1982 hereto attached marked Exhibit "A" and, by this reference, made a part hereof. The foregoing license given upon such express terms and conditions as are insz�ted below, as well as those contained upon the subsequent printed pages, and Should the Licensee at any time violate any of said terms or ccnditions, or use or attempt to use said facility for any other or different purpose than that above specified, then the Company may, at its option, immediately revoke this license. The fore9oing license is subject to the following conditions: For the privileges herein permitted the Licensee shall pay to the Company, in advance, a charge of Sixty Dollars (�60.00) per annum, or fraction thereof, beginning December 1, 1482, subject to revision at any anniversary billing date. FIRST. The work of construction and maintenance shalt be done and completed in good and workmanlike manner at the sele expense ef the said License?. Said viork shall be done in such manner as in no way to interfere with or endanger the use of the property or tracks o` the Company, or the operation thereon of any engines, cars or trains, The Chief Engineer of the Company shall have the right to inspect such �.iork from time to timz and to require such changes to Se made as will in his opinion decrease the hazards incident to said facility; but any such insoec*.ion or required changes or any failure to so ins�ect, or to r�quire change; to he ;�ar!�, ��`t.4�� lifiC 2Ff�Ci� 3i1.�/ C` tila O�JIi'Jd�:lq(1S dS�i�f19:j �Jy �„� Sll�`_i �.iC2(l�:-_ ,.!?..f:��^. ScC�JHD. The said Licensee shall bear tiie cost of all proteciion ;ihicrt ii�� co��any ;�iay require for its tracks or property during construction and maintenance hereby authorized and of all repairs, changes, additions or betterments to said Company's trae'< or property made necessary on account of same. If in the judgement of the Comoany it shall be n,scessary to provide support for its tracks during the work of construction or maintenance the Cor^pany �,iill provide such support, and the entire cost thereof will be paid by the said Licensee promptly upon receipt of bill therefor. Forca 2035 - Page 2 R2rised 1981 �� THIRD. The Licensee shall pay all taxes, general and special, license fees or other charges which may become d�e or which may be assessed against the premises of the Corrpany because of the construction, existence, operation or use of said facility, the Licensee, or the business conducted in connection with said facility, and shall reimburse the Corr�any for any such taxes, license fees or other charg2 which may be paid by the Corr{�any prorr,�tly upon the presentation by the Com�any of bills therefor. FCURTH. The said Licensee will give to the Chief Engineer oP the Corrpany at least ter days' notice in writing before enterin9 upon the right of way of the Corrpany ior constructior purposes, or for the purpose of making necessary repairs. The Cor�any reserves the right tc judge of the necessity of repairs to said facility, and to require the Licensee to make suct repairs. upon ten days' notice in writing. In such case, said Licensee may enter upon saic right of way without the ten days' notice above referred to, and shall proceed forthwith tc make such repairs, and upon failure to do so within ten days, the Corrpany shall have the right to make said repairs and collect the entire cost thereof from the Licensee. Tt�e Corpan� reserves the right, in ca5e in its opinion the safety of'its tracks or property demands it, tc make emergency repairs without notice to the Licensee and Co collect the cost thereof fror Licensee as herein provided. FIFTN. Licensee agrees that in the construction, maintenance, and use of the facility it will comply wi*.h all applicable laws, including, but not limited to, any laws, standards regulations, or permit requirements relating to environmental pollution or contamination or tc occupational health and safety; and Licensee agrees to indemnify and hold harmless the Co�an� from any and all claims, demands, lawsuit, or liability for loss, fines, damage, injury, anc death and all expenses and costs, including attorneys' fees, resulting from or arising out o the construction, maintenance, or use of the facility, including any discharge or emissioi therefrom or for the violation of any law, standard, regulation, or permit requirement relatin to environmental pollution or contamination, or to occupational health and safety SIXTH. It is understood by the Licensee that said facility is subject to and mz: increase the dangers and hazards of the operation of the railroad of the Cor�any, and that thi license is subject to all risks thereof. Therefore, and as a material consideration to th Company .for entering into this license and without which the Co�rpany will not enter same, th Licensee agrees to assume and pay for all loss or damage to property whatsoever, and injury t or death of any person, or persons whomsoever, including all costs and expenses inciden thzreto, hosvever arising from or in connection with existence, construction, Maintenance repair, renewal, reconstruction, operation, use or removal of said facility, or any defec theretn or failure thereof, or the failure ofi the Licensee or members, officers, agents o ert�loyees of the Licensee to abide by or comnly �ith any of the terms or conditions of thi license; and the Licensee forever indemnifies the Corr�any against and agrees to save i harmless from any and all claims, demanGs, lawsuits or liability for any sucfi loss, damage injury and death, costs and expense, even though tha operation of the Corrpany's railroad ma have caused or contributed thereto. Notice to or knawledg� by the Corrpany of any act o onission by the Licer,s2e ;�hich is or might be a breach by the Licensee oF any of the �erms e conditions of this ,Agreement to be perform�ed by the Licensee, and the acquiescense by th Corr�pany in or to such act or omission, shall neither be considered to relieve t:�e Licensee o any obligation assumed by it under this paragraph nor be considered to be a:aaiver or releas by the Company of any rignts granted to it under this paragraph. SEYE�i�I. Tfi2 Corrpany reserv25 th=_ rignt to use, occupy and �r.j�y its 'racks, proo°rt 9SHj �;�!1' D' ddJ, (OP .`iVCit rUP�OS°. lil iUCft �;�d(1!1?I'� :1l1(j _' 5l:Cil 41{P@ 35 :.. ��12i I�_C'1;:?, .. samz as ir this instrument had no't been �xecuted by it. IiVany such ese snall r�C�i��i:3'_� d�' change, repair, renewal, removal or relocation of said facility, or any part thereof, th Licensee shall p�rform such work at such time as the Corr�any may approve and if tfie License fails to do so such work may be performed by the Co�any at the expanse of the Licensea and tF said Cort�any shall not be liable to the Licensee on account o` any damage gru�,+ing out of a� use �vhich tha Cor�any may make. of its tracks, property and right of aa} In case any of the terms or provisions of this license have been performed or carried e� prior to the actual date of execution hereof, it is understood and agreed that this licen� shal-1 nevertneless be of the same force and e`fiect as thougn same had been executed by tt parties prior to suck� performance. �-,. , ,., � Form 2035 - Page 3A �/� Revised 1981 EIGHTH. The Company shall have the right at any time to revoke this license by giving thirty days' notice in writing to the Licensee and at the expiration of the time limited by said notice, or upon any other revocation of this license, the Licensee shall promptly, and in the manner directed by said Chief Engineer, remove all construction hereby authorized from the premises of the Company and leave said premises in the same condition in which they were before the instaliation of the same. Upon defauit of the Licensee so to do, the Company may remove the same and restore its premises, and the Licensee will promptly pay to the Company the cost of so doing. NINTH. The waiver of a breach of any of the terms or conditions hereof shall be limited to the act or acts constituting such breach, and shal] never be construed as being a continuing or permanent waiver of any such terms or conditions, all of which shall be and remain in fuli force and effect as to future acts or happenings, notwithstanding any such waiver. TEHTH. This license is persr.nal to said Licensee and is not assignable or transferable, without the written consent of the Company being first obtained. ELEYENTH, In further consideration of the Company's giving to the Licensee the rights and privileges above specified, the Licensee, by the acceptance of this license, hereby agrees ti�at it will not levy or assess any special tax or special assessment against Company or against or upon Comparty's properties for the construction or use of the improvement of which said facility is a part; and, Lhe Licensee hereby forever indemnifies Company against and agrees to save Company harmless from any and all claims, demands, lawsuits or liability whatsoever for any such special tax or special assessment. If notwithstanding the foregoing provis9ons any such special tax or special assessment shall be levied or assessed upon or against said Company's properties, the Company shall have the following elections to wit: (a) Company may make such payments as may be necessary to satisfy and discharge any liens for such special tax or special assessment anc! in case of such payment the Licensee agrees to make repayment on demand with interest at the rate of five per cent (5%) per annum irom the date of such payment so made by Company. (b) Company may file this license agreement for recording in the office of the Recorder of Deeds of the county in which said properties are located and such filing shall constitute a complete discharge and release of any lien against said Company's properties for such special tax or special assessment. (c} Company may terminate tnis iicense by fiiing notice of termination with such Recorde� of Deeds for recording and forwarding a copy thereof through certified or re9istered mail, postage prepaid to Licensee whereupon all rights, privileges and �nieresis herein granted to Licensee shall immediately cease and determine with ihe right of Company to ma�e immediate re-entry and without any further obligations or any ]iat�;ii�cy orr t?te oart o� Cc�npany in r>spect to ?nv pa�m�r�'�s, s=��oFf>, cvun*_e�ciai�s, recoupir.en*., cros�oil�; er cros; d?mands, All rights, remedies and elections of Company shall b2 cum;�lativ2. T]:ELFTH. Licensee further agrees that there is no b�nefit to the Company's pruperties, either for railroad use or for any possible use in the future from the construction of the faciiity or project of which said facility is a part. Form 2035 - Page 4A � Revised 1981 Ii In Witness Whereof this instrument is executed this ATTEST: Assistant Secretary day of CHICAGO ATdD NORTH t1ESTERN TRANSPORTATION CO�:PAt1Y 19 By Vice President - Engineering Pursuant to authority granted by resolution of the of the CITY OF OSHKOSH, IJISCONSIN, adopted The undersigned, the Licensee mentioned in the fore9oing license, hereby accepts the same subject to the terms and conditions therein stated. Attest: City C erk CITY OF OSHKOSH, IJISCONSIN ;ao:;-oved '_ .. _ � �'=� _ .}s; :i�nt C:.—r."t �ir._r:ecrS:�.ti (Seal) � c � n n m � > g Z. FiT =m �< > 7 00 A2 yN tn 2 Ao r7 <y c a s m n a 0 N N � Rl n ti � 2 O � � � N N z � �� ,� - A - = 0 Olo � c`m c a,' 9 0 0 ywm OC�K �22 4' p m �, �°> °= <� � �� i Z� N � ., i6i � �5.9 :6' 1.9. 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