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1987-028E ORDINANCE NO. 87-28 0 ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS WHEREAS, the Village of Buffalo Grove needs .to perform construction, maintenance, repair, or activities including, but not limited to, parades, direction of or. stoppage of traffic to, or on Village of Buffalo Grove property lying in, or upon, rights of way of the County of Cook within the corporate limits of the Village of Buffalo Grove; and, WHEREAS, the County of Cook with regard to the issuance of permits for disturbance of County Right of Way requires that insurance protecting the County of Cook from any and all claims that may arise during the course of or in consequence of such work be secured, and further, that a surety bond be posted to guarantee restoration of the County Right of Way following comple- tion of any construction, maintenance, repair or activity; and, WHEREAS, the County of Cook will waive surety bond and insurance require- ments in favor of the Village of Buffalo Grove and, will accept from the Village of Buffalo Grove in lieu of such insurance, a Hold Harmless Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 1. That for and in consideration of waiver by the County of Cook of the insurance and surety bond requirements as foresaid for projects or activities which may be undertaken by the Village of Buffalo Grove in- volving a disturbance of any right of way of the County of Cook within the corporate limits of the Village of Buffalo Grove that we do hereby agree that: a. The Village of Buffalo Grove, or its successors, or assigns, shall indemnify and save harmless the County of Cook, its officers, agents, employees and servants against all loss, damage or expense that it or they may sustain as a result of any suit, actions or claims of any character brought on account of property damage, injury to or death of any person, or persons including persons performing any work or activity under a permit issued by the Cook County Highway Department which may arise in connection -1- 0 0 -2- with the work or activites to be performed under all permits arising in any manner from the negligence or wrongful acts or failure to act by the Village of Buffalo Grove and its employees in the performance of the work or activity; and, b. The Village of Buffalo Grove shall, at its own expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgement shall be rendered against the County in any such action, the Village of Buffalo Grove shall, at its own expense, satisfy and the Village of Buffalo Grove shall discharge the same. 2. The Village of Buffalo Grove shall also indemnify and save harm- less the County of Cook from any claims against or liabilities incurred by the Village of Buffalo Grove of any type or nature, to any person, firm or corporation arising from the Village of Buffalo Grove's wrong- ful or negligent performance of the work or activity. 3. No amendment or repealer of this ordinance shall become effective until thirty (30) days next following written notice to the County of Cook of such proposed modification repealer. Said notice shall be served upon the County of Cook at the office of the Superintendent of Highways, 918 North Clark Street, Chicago, Illinois 60602. 4. The clerk of the Village of Buffalo Grove is hereby authorized and directed to forward to the County of Cook Department of Highways, Permit Division, a certified copy of this ordinance upon its passage and approval. 5. This ordinance shall be in full force and effect upon its passage, approval and publication as required by law. All ordinances or parts of ordinances in conflict with the terms and provisions hereof are hereby abolished. 6. Nothing in this Ordinance negates the necessity of obtaining a permit, where such permit is otherwise required. This Hold Harmless Agreement does not negate bond and insurance from private contractors doing work for the municipalities. E -3- AYES: 5 NAPES: 0 - None ABSENT: 1 - Glover PASSED. March 23, 1987 APPROVED: March 23, 1987 ATTEST: &n& I Villag lerk APPROVED: NA L. CLAYTON Village President VILLAGE OF BUFFALO GROVE ORDINANCE NO. -,9- ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS ,R :k DAY OF'—M , 19g &, Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo rove, Cook & Lake Counties, Illinois, this &R$(�- day of 19-f2, Village Clerk-7- i 1 W ORDINANCE NO. 87 -28 ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS WHEREAS, the Village of Buffalo Grove needs to perform construction, maintenance, repair, or activities including, but not limited to, parades, direction of or stoppage of traffic to, or on Village of Buffalo Grove property lying in, or upon, rights of way of the County of Cook within the corporate limits of the Village of Buffalo Grove; and, WHEREAS, the County of Cook with regard to the issuance of permits for disturbance of County Right of Way requires that insurance protecting the County of Cook from any and all claims that may arise during the course of or in consequence of such work be secured, and further, that a surety bond be posted to guarantee restoration of the County Right of Way following comple- tion of any construction, maintenance, repair or activity; and, WHEREAS, the County of Cook will waive surety bond and insurance require- ments in favor of the Village of Buffalo Grove and, will accept from the Village of Buffalo Grove in lieu of such insurance, a Hold Harmless Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 1. That for and in consideration of waiver by the County of Cook of the insurance and surety bond requirements as foresaid for projects or activities which may be undertaken by the Village of Buffalo Grove in- volving a disturbance of any right of way of the County of Cook within the corporate limits of the Village of Buffalo Grove that we do hereby agree that: a. The Village of Buffalo Grove, or its successors, or assigns, shall indemnify and save harmless the County of Cook, its officers, agents, employees and servants against all loss, damage or expense that it or they may sustain as a result of any suit, actions or claims of any character brought on account of property damage, injury to or death of any person, or persons including persons performing any work or activity under a permit issued by the Cook County Highway Department which may arise in connection -1- e -2- with the work or activites to be performed under all permits arising in any manner from the negligence or wrongful acts or failure to act by the Village of Buffalo Grove and its employees in the performance of the work or activity; and, b. The Village of Buffalo Grove shall, at its own expense, appear, defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgement shall be rendered against the County in any such action, the Village of Buffalo Grove shall, at its own expense, satisfy and the Village of Buffalo Grove shall discharge the same. 2. The Village of Buffalo Grove shall also indemnify and save harm- less the County of Cook from any claims against or liabilities incurred by the Village of Buffalo Grove of any type or nature, to any person, firm or corporation arising from the Village of Buffalo Grove's wrong- ful or negligent performance of the work or activity. 3. No amendment or repealer of this ordinance shall become effective until thirty (30) days next following written notice to the County of Cook of such proposed modification repealer. Said notice shall be served upon the County of Cook at the office of the Superintendent of Highways, 998 North Clark Street, Chicago, Illinois 60602. 4. The clerk of the Village of Buffalo Grove is hereby authorized and directed to forward to the County of Cook Department of Highways, Permit Division, a certified copy of this ordinance upon its passage and approval. 5. This ordinance shall be in full force and effect upon its passage, approval and publication as required by law. All ordinances or parts of ordinances in conflict with the terms and provisions hereof are hereby abolished. 6. Nothing in this Ordinance negates the necessity of obtaining a permit, where such permit is otherwise required. This Hold Harmless Agreement does not negate bond and insurance from private contractors doing work for the municipalities. r a AYES: 5 NAPES: 0 - None ABSENT: 1 - Glover PASSED: March 23, 1987 APPROVED: March 23, 1987 ATTEST: ` Villag lerk -3- APPROVED: NA L. CLAYTON Village President