R2021-127 Resolution Authorizing a Construction Maintenance Agreement with the Illinois Central Railroad Company for Construction Work for the Brush College Road Grade Separation Project, City Project 2009-33 Section 09-00933-01-BR

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CONSTRUCTION AND MAINTENANCE AGREEMENT BETWEEN CITY OF DECATUR, ILLINOIS AND ILLINOIS CENTRAL RAILROAD COMPANY FOR CITY IMPROVEMENTS TO BRUSH COLLEGE ROAD NEAR FRA-DOT No. 291384M, ICRR MILEPOST 0.83, PEORIA SUBDIVISION STALEY LEAD THIS AGREEMENT, made and entered into, by, and between the CITY of DECATUR, ILLINOIS, a body corporate and politic of the State of Illinois, of 1 Gary K. Anderson Plaza, Decatur, Illinois, 62523 (hereinafter the "CITY"), and ILLINOIS CENTRAL RAILROAD COMPANY, a Delaware corporation, of 17641 Ashland Avenue, Homewood, IL 60430 (hereinafter the "RAILROAD"). The CITY and the RAILROAD are sometimes collectively hereinafter referred to as the"PARTIES". WITNESSETH WHEREAS, the CITY and the RAILROAD, by virtue of their corporate powers, are authorized to enter into this Agreement; and, WHEREAS, the CITY is undertaking certain improvements to Brush College Road, including the construction of a grade separation over Faries Parkway, addition of automatic lights and gates at relocated Harrison Avenue, and drainage improvements at or near the RAILROAD'S right of way and tracks located in Decatur, Illinois, identified as near to AAR/DOT#291384M (hereinafter the "PROJECT");and WHEREAS, the RAILROAD is the owner or operator of certain real property interests, depicted and described on Exhibits "A" attached hereto and made a part hereof, through and across which the PROJECT will be constructed; and, WHEREAS, the CITY in the interest of public safety and the general welfare is constructing the PROJECT over the real and personal property owned or operated by RAILROAD (hereinafter "FACILITIES"); and, WHEREAS, the PARTIES mutually agree to accomplish the PROJECT, all or in part, through the use of CITY, STATE, AND FEDERAL funds which are provided under applicable Act, Ordinance, and/or other appropriation;