R2001-231 AUTHORIZING AGREEMENT - Laserfiche WebLink

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n � - . � HIGHWAY-RAIL CROSSING AGREEMENT A 15650 THIS SUPPLEMENTAL AGREEMENT made and entered into by and between the CITY of DECATUR, ILLINOIS, a municipal corporation, hereinafter referred to as the "Cit�', and the ILLINOIS CENTRAL RAILROAD COMPANY, an Illinois corporation, hereinafter referred to as the "Railroad", WITNESSETH: WHEREAS, the City, the then Illinois Central Gulf Railroad Company, predecessor in interest to the Rail�oad, and Park 101 Development Company, an Illinois general partnership, (hereinafter referred to as the "Developer") entered into a certain Agreem�nt da#e� th� 1�'" �ay of August, 1975 covering the terms and conditions of the establishment of certain streets upon and across the tracks of Railroad primarily for the purpose of providing ingress to and egress from a then new industrial park in the northeast part of the City; and WHEREAS, among other things, the aforesaid August 15, 1975 Agreement granted an easement to the City for an at-grade crossing for a public street (Hubbard Avenue) to be laid upon and across the track{s) and right-of-way of the Railroad's former Decatur District, subsequently identified as being at Railroad Milepost P-28.01, DOT/AAR Crossing No. 291 373A; and WHEREAS, the aforesaid easement grant was subject to certain ongoing terms, conditions and restrictions, among them being that the Developer assume certain obligations to reimburse the Railroad for costs and expenses incurred by Railroad for the construction, improvement and maintenance of the crossings and crossing protection at the aforesaid Hubbard Avenue location and at certain spur track crossings of Business Boulevard; and WHEREAS, the City now desires to implement certain street extensions and improvements which will have the effect of making Hubbard Avenue a through street; and WHEREAS, the Developer has now defaulted upon and is no longer willing or able to honor its said obligations undertaken pursuant to the terms of the August 15, 1975 Agreement;