1983-10-03 - Resolution 1983-37 - AGREEMENT TO PROVIDE SNOW AND ICE CONTROL SERVICE TO TOWNSHIP STREETS DURNING THE WINTER OF 1983-1984 RESOLUTION NO. 83- 37
A RESOLUTION ACCEPTING AN "AGREEMENT TO PROVIDE SNOW AND ICE CONTROL SERVICE
TO TOWNSHIP STREETS DURING THE WINTER OF 1983-1984" AND AN "AGREEMENT OF
INDEMNITY"
WHEREAS, the Wheeling Township Highway Commissioner has requested
that the Village of Buffalo Grove provide snow and ice control services for
Township streets in certain unincorporated areas adjacent tothe Village; and,
WHEREAS, the Village is capable of performing these services without
any significant operational problems; and,
WHEREAS, the Township has agreed to pay a fee adequate to reimburse
the Village for the costs of providing this service and to conform to certain
other provisions desired by the Village; and,
WHEREAS, the Village desires to cooperate with Wheeling Township by
providing the requested service;
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Cook and Lake Counties, Illinois as follows:
1 . The "Agreement of Indemnity" is hereby approved.
2. The "Agreement to Provide Snow and Ice Control Service to Township
Streets During the Winter of 1983-1984" is hereby approved.
3. The Village President and Village Clerk be, and they are hereby
authorized and directed to execute the "Agreement of Indemnity"
and the "Agreement to Provide Snow and Ice Control Service to
Township Streets During the Winter of 1983-1984". A copy of
each of the two said agreements is attached hereto and made a
part hereof.
AYES: 5 - Marienthal , Stone, Hartstein, Glover, Reid
NAYS: 0 - None
ABSENT: 1 - O' Reilly
PASSED: October 3 , 1983
APPROVED:
_ _
�llage�P es dent
ATTEST: -
Villa&d Clerk
AGREEMENT TO PROVIDE SNOW AND ICE CONTROL SERVICE TO TOWNSHIP STREETS DURING
THE WINTER OF 1983-1984.
THIS AGREEMENT, made and entered into this 19th day of September A.D,_, 1983
by and between the Village of Buffalo Grove, and Wheeling Township which is
organized and existing under and by virtue of the laws of the State of Illinois,
hereinafter referred to as the "Township" , that for and in consideration of the
convenants hereinafter mentioned the parties hereto agree as follows:
1 . The Village agrees to provide snow and ice control service for the
streets denoted in Attachment A, for the period beginning November 1 ,
1983 and ending April 15, 1984.
2. Snow and ice control service includes snow removal and salt or
abrasive application operations.
3. The Township agrees that the Village will not be held responsible for
any damage, including but not by way of limitation, mail box damage
occurring during the course of snow and ice control services.
4. In consideration of the snow and ice control services covered by this
agreement, the Township will pay the Village a sum of
$2,084.00 for normal operations during the
period covered by the agreement payable as described in paragraph 5
below.
5. On or about October 1 , 1983, the Village will invoice the Township in
an amount equal to the total allowance for normal operation as stated
above, which invoice the Township will pay within (30) days.
6. The Township and Village also agree that the Village may find that
weather or other conditions require that above normal snow and ice
control operations be provided. It is agreed that if the Village's
actual expenditures for its Snow and Ice Control Program exceed the
approved and published budget for the program by 5% or more, the
Township will share the expenses which exceed the program budget in
proportion to the total Township street mileage served through the
program by the Village compared to the overall total street mileage
served through the program by the Village.
Page 1 of 2
7. On or about May 15, 1983, the Village will invoice the Township for
the amount due, if any, for the above normal services described in
paragraph 6 in accordance with the basis of payment described in
paragraph 6.
8. It is further understood and agreed that the Village, when in its
judgement it is expedient to do so, and at its discretion, shall have
the right to terminate this agreement by giving written notice to the
Township not less than fifteen (15) days in advance of the date of
such termination.
9. The Township agrees to operate and maintain the streets covered by
this Agreement in a satisfactory manner.
The Township will notify the Village of any deficiencies in the
street.
10. Any and all complaints regarding said service will be handled by the
Township.
11 . This service will be provided only after adequate service has been
provided on Village streets.
12. The Township shall hold the Village harmless and indemnify same for
any actions arising under this Agreement. Said hold harmless/indemni-
fication is attached hereto as Attachment B and made a part hereof.
13. The Director of Public Works is authorized to issue and receive
notices related to the Village's administration of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused this Agreement
to be executed by their duly authorized officials.
Vi lage President
x
Township Highway Commis Toner
ATTEST:
ViI1 Clerk
(seal )
Page 2 of 2
ATTACHMENT A
Street Name Length of Street
Betty Drive 1 ,310.09 feet
Ellen Drive 1 ,409.91 feet
Dun Lo Avenue 1 ,029.12 feet
Old Buffalo Grove Road 575.00 feet
Park Place 660.00 feet
Salk Road 880.00 feet
Darryl Drive 660.00 feet
TOTAL 6,524.12 feet = 1 .24 miles
ATTACHMENT B
AGREEMENT OF INDEMNITY
THIS AGREEMENT of Indemnity, entered into this 19th day of
September, 1983, by and between WHEELING TOWNSHIP, (hereinafter called
"Indemnitor") and the VILLAGE OF BUFFALO GROVE, (hereinafter called
("Indemnitee") :
WITNESSETH:
WHEREAS , Indemnitor, are the owners of records of certain streets
annoted in agreement to provide snow and ice control pursuant to said agreement;
NOW, THEREFORE, in consideration of the foregoing and the covenant
and agreements hereinafter set forth, the parties hereto agree as follows:
That Indemnitor will indemnify and keep indemnified the Indemnitee,
and hold and save Indemnitee harmless from and against any and all actions or
causes of actions, claims, demands, liabilities, loss, damage or expense of
whatsoever kind and nature including attorney's fees which Indemnitee shall
or may at any time sustain or incur by reason or in consequence of the Indemnitee
entering onto the Indemnitor's streets as hereinbefore set forth, or which
Indemnitee may sustain or incur in connection with any litigation, investigation
or other expenditures incident to said service, including any suit instituted
to enforce the obligations of this Agreement of Indemnity, and Indemnitor will
pay to Indemnitee, or their heirs , representatives, successors, and assigns ,
all sums of money which Indemnitee shall pay or cause to be paid, or become
liable to pay on account of said service.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals the day and year first above written.
WHEELING TOWNSHIP Indemnitor
Tow s ip Highway Co issioner
VILLAGE OF BUFFALO GROVE, an
Illinois Municipal Corporation,
Indemnitee
ATTEST: BY:
V 1 ge President
Ville Clerk