HomeMy WebLinkAboutRESOLUTIONS-1987-049-R-8749-R-87
A RESOLUTION
Authorizing the City Manager to Enter Into
A Lease Agreement with the Chicago & North Western
"Transportation Company for the Purposes of
Landscaping an .Area at the Davis Street Station
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WHEREAS, the renovation of the Chicago & North Western Davis Street
Station has been completed, and
WHEREAS, there was an understanding between the City of Evanston and
METRA that there would be a joint effort to beautify the area where tracks were
removed, and
WHEREAS, METRA did prepare the site and construct planters at a cost of
$20,000, and
WHEREAS, a planting plan has been developed and agreed upon, and
WHEREAS, the Chicago & North Western Transportation Company requires
a lease agreement to be entered into for the landscaping at this area,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Evanston that the City Manager is hereby authorized to enter into a lease
agreement with the Chicago & North Western Transportation Company for the
purposes of landscaping at the Davis Street Station.
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ATTEST:
V, '
City Clerk
ADOPTED /'/�� %,1987
U
29Y80
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Mayor
Lease No. 87962
LEASE
CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY (hereinafter called
"Company") hereby leases CITY OE Evanston , ILLINOIS (hereinafter called
"Lessee") to use, for beautification purposes only, the real estate of the
Company in the location shown in yellow on the map dated May 19, 1987 attached
hereto and, by this reference made a part hereof ("the Premises"). This Lease
shall become effective dune �, 1987 and shall run for a period of one year
and thereafter unless terminated as hereinafter provided.
The Lessee agrees to pay as rent the sum of TEN DOLLARS ($10.00) and other
is good and valuable consideration the receipt of which is hereby acknowledged.
This -Lease is given upon the following express terms and conditions and the
specifications on the attached sheet and should the Lessee at any time violate
any of said terms, conditions or specifications, or use or attempt to use the
premises for any other or different purpose than that shown above, then the
Company may, at its option, immediately terminate this Lease.
As a material consideration for entering into this Lease and without which
the Company would not enter into same, the Lessee agrees to assume and pay for
any and all loss or damage to any property whatsoever, and/or injury to and/or
death of any person, or persons whomsoever, including all costs and expense inci-
dent thereto, however arising from or in connection with the maintenance or use
of the Premises; and the Lessee forever indemnifies and holds the Company and its
employees against and agrees to save Company and its employees harmless from any
and all liability whatsoever for any such loss, damage, injury and/or death and
any and all costs and expenses incident thereto, even though the operation of the
Company's railroad may have caused or contributed thereto.
The Company reserves the right to use, occupy and enjoy 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.
Lessee accepts the Premises subject to the rights of any party, including
the Company, in and to any existing roadways, easements, permits or licenses.
Lessee accepts the Premises subject to rights of any party, including the
Company, in and to any existing telephone, telegraph, or other wires, and poles
and facilities of any kind whatsoever, whether or not of record.
• The Company reserves the right to maintain or relocate its existing facili-
ties, or to construct and thereafter maintain new facilities, in the vicinity of
the Premises with no liability for damages to Lessee's interests or property
- resulting from such beautification activities.
Either party hereto shall have the right at any time to cancel this Lease by
giving ten days' notice in writing. At the expiration of the time limited by
said notice the Lessee shall promptly, and in the manner directed by the Company
restore the Premises to the condition it was in prior to the leasing of same.
Upon default of the Lessee so to do, 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 WITNESS WHEREOF, this Lease is executed this day of ,
19 87 .
ATTEST: CHICAGO AND NORTH WESTERN TRANSPORTATION COMPANY
Witness for Company
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Witness for Lessee
By:
CITY OF EVANSTON
By:
Title:
REl-35
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SPECIFICATIONS
1. No planting or other landscape material shall be allowed
within 15 feet of the edge of the nearest tie other than
grass or groundcover which will not exceed 3 feet in height.
2. Any planting or other landscape material done within 500
feet of any grade crossing shall be maintained so as not to
exceed a height of 3 feet.
3. Any grading or future planting done on Company's property
must be approved in writing by Company's Suburban Division
Engineering Department.
4. Any work done on Company's property closer than 15 feet from
the edge of the nearest tie will require a flagman provided
by Company at Lessee's expense.
5. There is to be no interference with Company facilities,
including pole lines, drainage structures and signal
apparatus.
• 5. There is to be no adverse effect to visibility or drainage
on Company property.
7. Lessee shall not construct or permit to be constructed any
building, structure, excavation or any other obstruction
without the written consent of Company's Suburban Division
Engineering Department.
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