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1986-07-07 - Resolution 1986-44 - APPROVING AN AGREEMENT FOR THE MAINTENANCE AND OPERATION OF A TRAFFIC SIGNAL AT HIGH POINT PLAZARESoLUTIoN N0. 85- 44 A RESOLUTION APPROVING AN AGREEMENT FOR TEE MAIMENANCE AND OPERATION OF A TRATTIC SIGNAI AT HI6E POINT PI,AZA WHEREAS, the Presldent and Board of Truatees of the Vlllage of Buffalo Grove deslre to cause the lDstallation, malntenance and operatlon of a trafflc slgnal at the entrance to the Hlgh Polnt Plaza ShoPPlng Center; and , WIIEREAS, the approval of agreement t,lth the orner of the Ulgh Polnt Shopplng Center ls requlred. N0I{, TBEREFORE, BE IT RESOLVED by the Presldent and Board of Trustees of the Vtllage of BuffaLo Grove, Lake and Cook Countles, I111no18, that the Presldent and Clerk be, and they are hereby authorlzed and dlrected to execute the fAgreement for the ConstructLon, MaLntenance and Operatlon of a Trafflc Slgnal at the I111no16 Route 83 entrance to ELgh Polnt PLazart. A copy of sald agreement ls attached hereto and made a part thereof . AyES: 4 - Marienthal, Glover, Reid, Shields 11ggg; 0 - None ABSENT: 2 - 0'Rei11y' Shlelds PASSED: JulY 7 1986 1985A?pROVED: July 7 APPROVED : ? ?460007 Vlllage Presldent t4 &r^),"; ) AN AGREEMENT FOR TIIE CONSTRUCTION },IAINTENANC E AND OPERATION OF A TRATFIC SIGNAI. AT THE ILLINOIS ROUTE 83 ENTRANCE TO IIIE IIIGII POINT PLAZA Inas Agreenent is made and entered into this gJO // , 1985, by and betlreen the Vlllage of Buffalo anI lnols Corporation (herelnafter called the rrvlllager), day of Grove , LaSalle ca11edHIT:r#t^ril,, ]"""t"" under rrust No' tro3our(hettLnarter h'HEREAS Hlgh Point Plaza has trafflc access to Illinois Route 83; and WXEREAS, pursuant to The Development IEproveEent Agreement for Eigh Polnt Plaza, approved by the Vlllage on March 3, f986, Illgh polnt plaza ls obllgated to nodify the traffic slgnal at the Illlnols Route g3 entrance to Elgh Polnt Plaza; and WEEREAS, Hlghpolnt Plaza, has obtalned a peruit from DepartEent of Transportatlon and gecured a contractor for constructlon; the the Illinols requLred NOW, TIIEREFoRE, ln consideratlon of the foregolng, and the mutual covenants herelnafter contained, the parties hereto agree as follows: 2460007J !I1!E!.gEr! 'a 1. High Point Plaza ls owner of certain property located at thenortheast corner of Lake-Cook Road and Illinois Route 83Iegally described as Lot I in the Htgh polnt plaza Subdlvision, a subdlvisLon of Sectlon 33, Tovnshlp 43 North, Range 1l East of the Thlrd Prlnclpal l-Ierldan, as recordedMarch 14, I986 as Docuuent No. 2426490 in Lake CountyI11lnois. 4. Elgh Polnt Plaza shal1 reimburse the Village quarterly for twenty flve percent (252) of the cost of maintalning and operatlng the Trafflc Slgnal, no larer thaa rhlrty (30) days following the date of the VllLagers lnvolce to Hlgh point plaza, which involce sha11 be ln accordance with prevalllng IDOTtraffic slgnal maintenance charges. 5. lllgh Polnt Plaza hereby agrees to lndemnify and hold theVl1lage harnless frorn and agalnst any and all loss,liabiltty, danages, clalus, costs and expenses, lncluding attorneysr fees, that may result from clalns by persons notparties to thls agreement with respect to lnjuries to persons, property or contractual interests (lncludlng llensor clalns for llen) arlsing fron Itigh Polnt Plaza, s nodlflcatlon of the Trafftc Slgnal. 6. Upon modification of the Trafflc Signal ln accordance with the Plans and upon approval- by the Vtllage EngLneer and the lllinols DepartEent of Transportation, the Vlllage shal1 own the Trafflc Slgnal and shalI be responsLble for nalntalnlng and operatlng the Traffic SignaL, except that Developer shall relnburse the Village for a portion of its expenses, as outlined ln Paragraph 3 above. 7. The rights, beneflts, duties and obligatlons contained hereln aad the provislons hereof shall be a covenant runnlng nlth the land wlth respect to the propertles herelnbefore descrlbed and shall be blnding upon and inure to the benefit of Village and High Polnt Plaza or successors, helrs, personal representatlves and asslgns. ,tl 2460007 2. High Polnt Plaza has prepared, all plans and speciflcatlons(collectlvely the "Trafflc Signat") requlred ln connectlonrrith the modificatLon of the Traffic SlgDaI. It is agreedthat such Plans are 1n courpliance lrlth applicable Village ordinances and have heretofore been approved by the Illinols Department of Transportatlon. 3. Hlgh Point Plaza shall assure that the constructlon andlnstallatlon of the Traffic SLgnal shall conply with alllaws, ordlnances, rules and regulatlons or goverrmentalauthorLties and publlc utilitles having jurlsdlctLon orauthority thereover. 7. This agreeaent shall be binding upon and sha1l inure to the benefitof the parties hereto and their successors and assigns. IN ITITNESS WHEREor, the partles hereto have caused thLs Agreement to be executed by thelr authorlzed offices upon the day and year first above wrltten. VILLAGE OF BUFFAIO GROVE STATE OF ILLINOIS ACTING BY AND fiIROUGH ITS VILLAGE BOARD OF TRUSTEES di",-,By erk Village Presldent LASAILE NATIONAT TRUSTEE IIMER I (I{IGII NT N0. 110308 8rd not indivi0ually I 'By ISTANT SDCRETARY Tirl AI1T VICE PRES'DEI{T [hls lDstruEent le erecuteti by L,aSI.LLB NATIoNAI 3A1{tr of pergonally but so161y aB Tlustoe. as aforesald, ln the exerclse of the poYer aDd sutbollty oonfslred upon end vestod ln 1t as suoh Trustee. All th€ totl!8. Drovl81on8, EtlDulatlons, covenants and oondltlons to be perfc::nei by hllluI I IIoNAI B.U{tr Bre und.srt&ken by 1t 6o1e1y aB Trusteer eE aforr!114, rnal not lhdr',ldually axd all Bta,tonenta hereln nade ars mado oo lDlomrtlon enL-oallef cnd are to b6 oonstn.ed accordLngly' end Do DcrSonal llablllty Bhrll be asssrtgd or be snfoloseble agauat LaSIIJI tllIoMI Blltt by r:.r!on of.ny of tbo toroa, Provlslong, attDuLtlsr r ooyurnt! ura/or strtoioDts ooatslDoal ln tble b8tnl8eut. { 2460007 ATTEST AS STATE OE II,LINOIS COUNTIES OF COOK & LAKE 2t6000._ RECORDER LAXE C(,IUNI Y, ILLINOIS 1986 JUL t4 At{ t& 0 t -l-a--.AOi)p-r.a., ) ) ) I, JANET l.I. SIRABIAN, hereby certify thar I am the duly elected, quallfled and acting VILLAGE CLERK of the Vlllage of Buffalo Grove, Countles of Cook and Lake, I11inois, and the keeper of 1ts seal and records. I hereby further certlfy rhaE the attached is the origlnal of Resolution no. ?l -r4 adopted on the L9-(L-, by the village Board of the Vlllage of Buffalo by the records ln my custody. IN WITNESS IIHERXOI', I have hereunto set By hand affixed the seal of the VilJ-age of Buffalo Grove afores at said Vl11age, io the County and State aforesaid, thi of o.^.0^, D trZ, . U vi.11 e Clerk It/.,day of O../,- ,X:J"n", and ald, ' ,/o* a"y DepuEy 5? 5 Zad?i tuG4z,&( , By