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R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR
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R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR
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2/8/2024 4:23:46 PM
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2/8/2024 4:23:35 PM
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Resolution/Ordinance
Res Ord Num
R2024-39
Res Ord Title
R2024-39 Resolution Authorizing a Letter of Amendment to the Construction and Maintenance Agreement with the Illinois Central Railroad Company for the Brush College Road Grade Separation Project, City Project 2009-33, Section No. 09-00933-01-BR
Department
Public Works
Approved Date
2/5/2024
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Exhibit A <br /> Letter of Amendment <br /> By and Between <br /> City of Decatur, Illinois and Illinois Central Railroad Company <br /> THIS AMENDMENT is hereby made and entered into by and between the CITY OF <br /> DECATUR, ILLINOIS, (hereinafter the "CITY") and the ILLINOIS CENTRAL RAILROAD <br /> COMPANY (hereinafter the "RAILROAD"). <br /> WHEREAS, The CITY and the RAILROAD, entered into a Construction and Maintenance <br /> Agreement for City Improvements to Brush College Road Near FRA-DOT No. 0.83, Peoria Subdivision <br /> Staley Lead, signed by the CITY on July 19, 2021 and the RAILROAD on November 8, 2021; and <br /> WHEREAS, The CITY received a grant from the Federal Railroad Administration for the above <br /> noted Brush College improvements that have certain terms and conditions to comply with 49 U.S.C. <br /> 22905 that require an amendment to said agreement; and, <br /> WHEREAS, the CITY seeks the approval of the RAILROAD for inclusion of the required terms <br /> and conditions in said agreement by this Letter of Amendment. <br /> NOW THEREFORE, the Grant Conditions under 49 U.S.C. 22905(c)(1) (B)-(D)provided <br /> below are approved and included by reference in the Construction and Maintenance Agreement for City <br /> Improvements to Brush College Road Near FRA-DOT No. 0.83, Peoria Subdivision Staley Lead. <br /> 22905(c)(1)(B): The CITY and RAILROAD assure the adequacy of infrastructure capacity to <br /> accommodate both existing and future freight and none of the infrastructure capacity <br /> planned is for passenger service. <br /> 22905(c)(1)(C): The RAILROAD assures that collective bargaining agreements with the <br /> RAILROAD's employees (including terms regulating the contracting of work)will <br /> remain in full force and effect according to their terms for work performed by the <br /> RAILROAD on the railroad transportation corridor. <br /> 22905(c)(1)(D): The CITY assures that it complies with liability requirements consistent with 49 <br /> U.S.C. § 28013. <br /> • The term"infrastructure capacity"means the infrastructure capacity that results from the <br /> project. <br /> • The term"existing"refers to operations that exist before the project begins, and the term <br /> "future" refers to operations that result from the proiect. <br /> aiv�hmx A)X1) -0--LL-A� <br /> Mayor By: <br /> City of/ " <br /> f Decatur Illinois Central Railroad Company <br /> �/l laq 1/10/24 <br /> Date Date <br />
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