HomeMy WebLinkAboutRESOLUTIONS-2000-068-R-00a
6/28/00
68-R-00
A RESOLUTION
Authorizing the City Manager to Sign an
Agreement with Union Pacific to Paint Murals
On Union Pacific's Retaining Wall Along Greenleaf
WHEREAS, the City of Evanston has requested that Union Pacific ("UP")
permit murals to be painted on the UP's retaining wall along Greenleaf on UP's
North Line in Evanston, Illinois; and
WHEREAS, UP has no need for the painting of such mural in the conduct
of its business, but will permit the painting on its property certain terms and
conditions; and
WHEREAS, the City Council believes it is in the City's best interest to
• enter said Agreement with UP,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby authorized and directed to
sign, and the City Clerk hereby authorized and directed to attest on behalf of the
City, an Agreement by and between the City of Evanston and Union Pacific
Railroad to permit the painting of a mural on the Union Pacific's retaining wall
along Greenleaf on the Union Pacific's North Line in Evanston, Illinois, a copy of
which is attached as Exhibit A.
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SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional conditions or terms of the Agreement as may be •
determined to be in the best interest of the City.
SECTION 3: That this Resolution shall be in full force and effect from and
after the date of its passage and approval in the manner provided by law.
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Adopted:; ,T, °� , 2000
Mayor
ATTEST:
lerk
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EXHIBIT A
AGREEMENT
AGREEMENT made and entered into this day of
, 2000, by and between the CITY OF EVANSTON
(hereinafter referred to as "City") and the UNION PACIFIC
RAILROAD (hereinafter referred to as "UP").
WHEREAS, the City of Evanston has requested that UP permit
murals to be painted on the UP's retaining wall along Greenleaf
on UP's North Line in Evanston, Illinois.
WHEREAS, UP has no need for the painting of such mural in
the conduct of its business, but will permit the painting on its
property only under the following terms and conditions:
NOW, THEREFORE, in consideration of the promises and the
mutual benefits to be derived from the joint understanding by the
parties to this Agreement, and in conformity with.all applicable
laws, the parties agree as follows:
1. All of the work will be done at street level and at no
time will anyone working on this project set foot on
the elevated portion of UP's property.
• 2. The City will ensure that the muralists clean the area
upon completion of the project of any material that
they brought onto the property.
3. The City and the muralists working on the Greenleaf
Retaining Wall Project agree to the following:
A) While UP is agreeable to murals being painted on
the wall, the surface of the wall will not be
penetrated, including no drilling into the wall,
and there will be no gluing on the wall or
attaching of any material whatsoever, other than
paint and sealer.
B) While UP is permitting the murals to be placed on
its retaining walls, UP will not be responsible
for any damage to the murals after completion, due
to UP's operations. The retaining walls are the
support structure to its elevated right-of-way and
that purpose is paramount.
C) UP will not be responsible for the maintenance of
• the murals after they are placed on the retaining
walls and the City shall arrange for their
maintenance.
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4. As a material consideration for entering into this •
Agreement, and without which the UP would not enter
into same, the City covenants and agrees to indemnify,
save harmless and protect UP and the Commuter Rail
Division of the Regional Transportation Authority
("Metra") from and against any and all loss, damage,
claim, demand, fine, lawsuit 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 arising or growing
out of or connected with this Agreement, and/or any act
or omission of (i) the City, its employees or agents,
and/or (ii) any other person performing any work or
service for or on behalf of the City on or about said
premises or arising out of their presence on said
premises.
As below attested to, the City and the UP agree to the above
terms and conditions.
CITY OF EVANSTON UNION PACIFIC RAILROAD •
By: By:
Its: Its:
Date: Date:
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