1992-053ORDINANCE #92 -53
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 completion of any construction, maintenance, repair or activity; and
WHEREAS, the County of Cook will waive surety bond and insurance requirements
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 Village of Buffalo Grove ;
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 involving 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;
O o
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 with the work or activities
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, or
any contractor doing emergency work or maintenance for the Village of
Buffalo Grove; 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 harmless 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 wrongful or negligent performance of the work or activity.
. W
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, 118 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 new construction for the municipalities.
ENACTED by the Buffalo Grove Village Board of Trustees
this 6 day of July 19 92
6 AYES APPROVED by me this
Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
o NAYS
0 ABSENT
ATTEST:
Clerk, Village of Buffalo Grove
l
3
day of ..
YAP
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ORDINANCE 892 -53
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 completion of any construction, maintenance, repair or activity; and
WHEREAS, the County of Cook will waive surety bond and insurance requirements
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 Village of Buffalo Grove ;
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 involving 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;
t
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 with the work or activities
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, or
any contractor doing emergency work or maintenance for the Village of
Buffalo Grove; 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 harmless 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 wrongful or negligent performance of the work or activity.
2
.
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, 118 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
I copy of this ordinance upon its passage and approval.
V
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 new construction for the municipalities.
ENACTED by the Buffalo Grove Village Board of Trustees
this 9 day of July 19 92
6 AYES APPROVED by me this
Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks
o NAYS 6th day of July 1992
o ABSENT
_ '
ATTEST: < i� -2� /.�t "u
Clerk, Village of Buffalo Grove
,LLLI "d'
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