R2000-245 AUTHORIZING EXECUTION OF CONSENT TO ASSIGN AND ASSIGNMENT OF AGREEMENT

Home Browse Search

, ' a completion of the project and the acceptance thereof by the City. Acceptance shall not be unreasonably withheld by the City. 5. (a) At all times during the term of this Agreement, during construction and installation of the project, and after completion thereof and acceptance by the City, the entire street lighting system installed by Illinova shall be, and remain, the property and obligation of Illinova, except as expressly modified by the provisions hereo£ Illinova shall move or relocate any poles or other elements of the street lighting system, at the reasonable direction of the City, if it is necessary to do so for the purpose of construction, repair or maintenance of a street or City-owned public utility. In the event that removal or relocation of any portion of the lighting system is necessitated, the City shall use its best efforts to coordinate a relocation rather than a removal of any portion of the lighting system and the City and Illinova shall work together with the Property Owner(s) to mitigate the effects of any required relocation or removal, to the mutual satisfaction of the City, Illinova and the Property Owner(s). (b) To the extent provided by law, Illinova shall indemnify and hold hannless the City and its Council members, officers, employees and agents, in both individual and official capacities, from all claims for bodily injury, death or property damage resulting from or arising out of Illinova's installation, maintenance or operation of said street lighting system, and from all costs, demands, suits, losses, attorneys' fees and liabilities incurred in or about any such claim for bodily injury, death or property damage or in any action or proceedings brought thereon. (c) The City hereby grants Illinova the right and permission to enter on to public right-of-way to perform its maintenance duties on said lighting system during the term hereof, subject to the requirements for permits as set out in the City Code, and further subject to reasonable restriction and oversight by the City for purposes of public safety and convenience. (d) The City further agrees to make available to Illinova and its contractor(s) all current codes,regulations, specifications and drawings showing the location of municipal utilities. 6. During the term of this Agreement, the City shall pay to Illinova the costs of energy use and maintenance for the street lighting system according to Illinois Power Company Service Classification S.C. 45 (Class C), excluding section 3(d) thereof, a copy of which is attached hereto and hereby made a part hereof. Such payments shall be made in accordance with the lighting payment procedure set out in the City's franchise agreement with Illinois Power Company. Amendments to said classification schedule by Illinova, to be effective against the City regarding the street lighting system described herein, may be made by Illinova but only upon not less than thirty(30) days notice to the City, attention Director of Public Works. 7. (a) The term of this Agreement shall be for forty (40) years from the date hereof, unless mutually extended in writing by the parties hereto.