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