2008-43RESOLUTION NO. 2008- 43
RESOLUTION APPROVING AN AGREEMENT FOR
THE MAINTENANCE AND OPERATION OF A TRAFFIC SIGNAL
AT APTAKISIC ROAD AND LEIDER LANE
WHEREAS, President and Board of Trustees of the Village of Buffalo Grove
desire to cause the installation, maintenance and operation of a traffic signal at the
intersection of Aptakisic Road and Leider Lane, and
WHEREAS, the approval of agreement with the owner of the Aptakisic Creek
Corporate Park is required.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President and
Clerk be, and they are hereby authorized and directed to execute "An Agreement
Concerning the Aptakisic Road Traffic Signal at the Entrance to Aptakisic Creek
Corporate Park ". A copy of said agreement is attached hereto and made a part hereof.
AYES: 6 — Braiman. Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 - None
ABSENT: 0 - None
PASSED: December 15 , 2008
APPROVED: December 15 , 2008
APPROVED:
Village President/
ATTEST:
Village erk
C: \DOCUME-1 \olsonjl \LOCALS -1 \Temp \notes31 D21A \Res08 -6.doc
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This document was prepared by:
William G. Raysa
Raysa & Zimmermann, LLC
22 South Washington Avenue
Park Ridge, Illinois 60068
After recording mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
•
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Image# 044322040011 Type: AQR
Recorded: 02/13/2009 at 11:57:01 AM
Receipt #: 2009 - 00007145
Total Amt: $4600 Page 1 of 11
IL Rental Housing Fund: $10.00
Lake County IL Recorder
Mary Ellen Vanderventer Recorder
File6436245
AN AGREEMENT CONCERNING THE APTAKISIC ROAD TRAFFIC SIGNAL AT THE
ENTRANCE TO APTAKISIC CREEK CORPORATE PARK
This Agreement is made and entered into this 21s' day of January, 2009, by and between
the Village of Buffalo Grove, an Illinois home rule municipal corporation ( "Village ") and
Peerless Bridge, LLC. an Illinois limited liability company ( "Peerless ").
WITNESSETH
Whereas, pursuant to the Annexation and Development Agreement for the Aptakisic
Creek Corporate Park dated July 16, 2007 and approved by the Village Ordinance No. 2007 -45
( "Annexation and Development Agreement ") Peerless is obligated to install a traffic signal on
Aptakisic Road at the intersection with the private road (to be known as Leider Lane) serving the
hereinafter described real property ( "Aptakisic Road Traffic Signal "); and
Whereas, pursuant to the Annexation and Development Agreement, Peerless agrees to
reimburse the Village for any costs associated with the Aptakisic Road Traffic Signal imposed
upon the Village by the Lake County Department of Transportation ( "LCDOT ") and to execute
an agreement with the Village concerning payment of said costs.
NOW, THEREFORE, in consideration of the foregoing, and the mutual covenants
hereinafter contained, the parties hereto agree as follows:
1. Peerless is the owner of the real property legally described as Lots 1, 2 and 3 in
Aptakisic Creek Corporate Park, a subdivision of part of the northwest quarter of section 17,
Township 43 north, range 11 East of the third principal meridian, as recorded on August 11,
l
I
2008 as Document No. 6379848 in Lake County, Illinois (the "Property "), which property is
subject to that certain Declaration of Easements and Protective Covenants Aptakisic Creek
Corporate Park, Buffalo Grove, Illinois (the "Declaration ").
The following are the PIN #'s of property for the Aptakisic Creek Corporate Park Plat.:
P.I.N. No.'s: 15-27-101-009,15-27-101-010,15-27-101-011
2. The Village has entered with the County of Lake "Master Agreement Between the
County of Lake and the Village of Buffalo Grove for Energy Costs, Maintenance Costs and
Future Costs Associated with County -Owned Traffic Control Devices" dated January 21, 2009,
( "LCDOT Agreement ") a copy of which is attached hereto and made a part hereof an Exhibit A.
3. Peerless shall reimburse the Village for any costs associated with the Aptakisic Road
Traffic Signal as imposed upon the Village by the LCDOT Agreement.
4. Any payments due to the Village in accordance with the provisions of the LCDOT
Agreement shall be made in a lump sum amount for the full amount of any invoice billings
within thirty (30) days of the receipt of invoice billings from the Village.
5. It is mutually agreed by and between the parties hereto that each party warrants and
represents to the other party and agrees that (1) this Agreement is executed by duly authorized
agents or officers of such party and that all such agents and officers have executed the same in
accordance with the lawful authority vested in there pursuant to all applicable and substantive
requirements, and (2) this Agreement is binding and valid and will be specifically enforceable
against each party.
6. This Agreement shall be enforceable in any court of competent jurisdiction by each of
the parties hereto by any appropriate action at law or in equity, including any action to secure the
performance of the representations, promises, covenants, agreements and obligations contained
herein.
7. The parties hereto agree that the provisions of this Agreement are severable. If any
provision, paragraph, section, subdivision, clause, phrase or word of this Agreement is for any
reason held to be contrary to law, or contrary to any rule or regulation having the force and effect
of law, such decision shall not affect the remaining portions of this Agreement.
8. Any alterations, amendments, deletions, or waivers of any provision of this Agreement
shall be valid only when expressed in writing and duly executed by the parties hereto.
9. This Agreement shall be binding upon and inure to the benefit of the parties hereto,
their successors and assigns. Neither party hereto may assign, transfer, sell, grant, convey, deed,
cede or otherwise give over, in any manner or form, any of its duties, obligations and/or
responsibilities as heretofore set forth in this Agreement without first obtaining the expressed
written consent and permission of the other party hereto; provided, however, that the Village
hereby provides its express written consent and permission to Peerless to assign its obligations
2
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hereby provides its express written consent and permission to Peerless to assign its obligations
and rights hereunder to the Association (as defined in the Declaration) pursuant to and in
accordance with the terms of the Declaration.
10. This Agreement may be executed in multiple identical counterparts, and all of said
counterparts shall, individually and taken together, constitute this Agreement.
11. This Agreement shall remain in full force and effect for such a period of time as
Aptakisic Road Traffic Signal remains in place, in use and in operation.
12. The rights, benefits, duties and obligations contained herein and the provisions
hereof, shall be a covenant running with the land with respect to the Property hereinbefore
described.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be executed
by their authorized officers as of the day and year first above written.
Village of Buffalo Grove, an
Illinois municipal corporation
By
Village President
Attest: T41 :\
Village Clerk
Given under my hand and official seal, this day of —112008.
KIMM OTAW "OFFICIAL SEAL"
k
(SEAL)
otary ubl c
Peerless Bridge, LLC, an Illinois
Limited liability co�rpany
L-10
Title:
Given under my hand and official seal, this TN y of 2008.
I -?to--,.A (SEAL)
E OFFICIAL SEAL No ub kc
RICIA A MANGUNE
Public - state of Illinois ssion Ex res Jan. 30, 2012
3
FAY RUBIN
OMMISSION EXPIRES: 01!24!12
(SEAL)
otary ubl c
Peerless Bridge, LLC, an Illinois
Limited liability co�rpany
L-10
Title:
Given under my hand and official seal, this TN y of 2008.
I -?to--,.A (SEAL)
E OFFICIAL SEAL No ub kc
RICIA A MANGUNE
Public - state of Illinois ssion Ex res Jan. 30, 2012
3
EXHIBIT "A" .
MASTER AGREEMENT
BETWEEN THE COUNTY OF LAKE AND THE VILLAGE OF BUFFALO GROVE
FOR ENERGY COSTS, MAINTENANCE COSTS AND FUTURE COSTS
ASSOCIATED WITH COUNTY -OWNED TRAFFIC CONTROL DEVICES
THIS MASTER AGREEMENT is entered into this ;11 9' day of S , A.D.
2001_, by and between the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate,
acting by and through its Chair and County Board, hereinafter referred to as the COUNTY, and the
Village of Buffalo Grove, an Illinois Municipal Corporation, acting by and through its President and
Village Board, hereinafter referred to as the VILLAGE. The COUNTY and the VILLAGE are
hereinafter referred to collectively as "parties" to THIS MASTER AGREEMENT, and either one is
referred to individually as a "party" to THIS MASTER AGREEMENT.
WITNESSETH
WHEREAS, THIS MASTER AGREEMENT defines responsibilities for the energy,
maintenance and future costs of the traffic control signal devices with equipment, which may or may
not contain street lights, emergency vehicle pre- emption system(s) (EVPS) and Lake County
PASSAGE, which is the County's system of interconnected traffic signals, cameras and network
equipment (hereinafter TRAFFIC SIGNALS) for the COUNTY -owned TRAFFIC SIGNALS
(hereinafter COUNTY SIGNALS) located at intersections as listed in EXHIBIT A of THIS
MASTER AGREEMENT; and,
WHEREAS, THIS MASTER AGREEMENT hereby terminates any and all prior agreements
between the COUNTY and the VILLAGE relating to the subject matter hereof (hereinafter PRIOR
AGREEMENTS). Said PRIOR AGREEMENTS include, but are not limited to: the agreement
regarding roadway improvements and associated work to be performed on TRAFFIC SIGNALS
along Deerfield Parkway (County Highway 11), between Illinois Route 83 and Weiland Road
(County Highway 73) (executed July 25, 2005), the MASTER AGREEMENT regarding the
maintenance costs, construction installation costs and future costs associated with EVPS (executed
March 1, 2003), and the individual traffic signal maintenance agreements for the intersections of (1)
Aptakisic Road (County Highway 33) at Barclay Boulevard (executed February 9, 1988), (2)
Aptakisic Road (County Highway 33) at Buffalo Grove Road (County Highway 16) (executed
September 11, 1989), (3) Buffalo Grove Road (County Highway 16) at Checker Road (executed
Match 20, 1995), (4) Buffalo Grove Road (County Highway 16) at Thompson Boulevard (executed
May 3, 2000), (5) Weiland Road (County Highway 73) at Busch Parkway/Road (executed August
12, 1986) and (6) Weiland Road (County Highway 73) at Pauline Avenue (executed October 15,
1998);
i
NOW, THEREFORE, for and in consideration of the mutual covenants contained herein,
made pursuant to all applicable statutes, local ordinances and authority, the COUNTY and the
VILLAGE do hereby enter into the following:
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SECTION I.
Recitals/Headings
1. It is mutually agreed by and between the parties hereto that the foregoing preambles are hereby
incorporated herein as though fully set forth.
2. It is mutually agreed by and between the parties hereto that the "headings" as contained in THIS
MASTER AGREEMENT are for reference only and the actual written provisions, paragraphs
and words of THIS MASTER AGREEMENT shall control.
SECTION R.
Energy Costs, Maintenance Costs and Future Costs for COUNTY SIGNALS
1. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT
hereby terminates any and all prior agreements between the COT TNTV and the VII I e I=
relating to the subject matter hereof (hereinafter PRIOR AGREEMENTS). Said PRIOR
AGREEMENTS include, but are not limited to: the agreement regarding roadway improvements
and associated work to be performed on TRAFFIC SIGNALS along Deerfield Parkway (County
Highway 11), between Illinois Route 83 and Weiland Road (County Highway 73) (executed July
25, 2005), the MASTER AGREEMENT regarding the maintenance costs, construction
installation costs and future costs associated with EVPS (executed March 1, 2003), and the
individual traffic signal maintenance agreements for the intersections of (1) Aptakisic Road
(County Highway 33) at Barclay Boulevard (executed February 9, 1988), (2) Aptakisic Road
(County Highway 33) at Buffalo Grove Road (County Highway 16) (executed September 11,
1989), (3) Buffalo Grove Road (County Highway 16) at Checker Road (executed March 20,
1995), (4) Buffalo Grove Road (County Highway 16) at Thompson Boulevard (executed May 3,
2000), (5) Weiland Road (County Highway 73) at Busch Parkway/Road (executed August 12,
1986) and (6) Weiland Road (County Highway 73) at Pauline Avenue (executed October 15,
1998).
2. The VILLAGE agrees to pay one - hundred percent (100 %) of all energy costs required for the
operation of all COUNTY SIGNALS located at any of the intersections as listed in the attached
EXHIBIT A, except as otherwise noted. Said energy costs shall be paid directly to the utility
company providing the energy for the operation of said COUNTY SIGNALS.
3. It is mutually agreed by and between the parties hereto that MAINTENANCE, as it applies to
any of the COUNTY SIGNALS located at any of the intersections as listed in the attached
EXHIBIT A shall be understood to mean that as defined under the COUNTY's then current
Traffic Signal Maintenance Contract, which, by reference herein, is hereby made a part hereof.
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4. The COUNTY agrees to perform MAINTENANCE for the COUNTY SIGNALS with
reimbursement from the VILLAGE per the cost- sharing schedule detailed in the attached
EXHIBIT A.
5. It is mutually agreed by and between the parties hereto that from time to time that the COUNTY
SIGNALS may require modernization, improvement, revision, replacement, major repairs,
upgrading and/or interconnection with Lake County PASSAGE, hereinafter referred to as
FUTURE WORK, having associated FUTURE COSTS.
6. The VILLAGE agrees to reimburse the COUNTY for all FUTURE COSTS of said FUTURE
WORK performed by the COUNTY per the cost- sharing schedule detailed in the. attached
EXHIBIT A.
7. It is mutually agreed by and between the parties hereto that EXHIBIT A of THIS MASTER
AGREEMENT may be amended by letter of concurrence signed by both parties to add or delete
intersections with TRAFFIC SIGNALS. Said additions or deletions may result in changes to the
respective cost - sharing responsibilities of the parties hereto, as these relate to maintenance costs
and FUTURE COSTS and will be reflected in said EXHIBIT A. The COUNTY's County
Engineer (hereinafter the COUNTY ENGINEER) shall act on behalf of the COUNTY as said
actions relate to changes to EXHIBIT A, and the chief elected official shall act on behalf of the
VILLAGE as said actions relate to changes to EXHIBIT A.
8. The VILLAGE agrees that, by executing THIS MASTER AGREEMENT, the VILLAGE concurs
in the COUNTY award of the COUNTY's traffic signal maintenance contract in accordance with
the standard policies and procedures as adopted and used by the COUNTY.
The VILLAGE further agrees that the COUNTY's electrical maintenance contractor, as well as
any maintenance prices, may change at any time without prior written notice to the VILLAGE.
9. The VILLAGE shall monitor the operation of the EVPS located at all of the intersections listed
in the attached EXHIBIT A, and, if any portion ofthe EVPS is not functioning as designed or as
intended for the VILLAGE, it is the responsibility of the VILLAGE to make prompt notification
to the COUNTY of the operational problems of said EVPS.
10. The VILLAGE agrees that the COUNTY shall have the sole and exclusive right to control and
regulate the sequence and all other aspects of phasing and timing of all COUNTY SIGNALS.
WE
SECTION III.
General Provisions
1. It is mutually agreed by and between the parties hereto that payments due to the COUNTY by the
VILLAGE in accordance with the provisions of THIS MASTER AGREEMENT shall be made in
a lump sum amount for the full amount of any invoice billings within thirty (30) days of the
receipt of invoice billings from the COUNTY.
2. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
not be construed, in any manner or form, to limit the power or authority of the COUNTY or the
COUNTY ENGINEER to maintain, operate, improve, manage, construct, reconstruct, repair,
widen or expand COUNTY Highways as best determined, as provided by law.
3. It is mutually agreed by and between the parties hereto that nothing contained in THIS MASTER
AGREEMENT is intended or shall be construed as in any manner or form creating or
establishing a relationship of co- partners between the parties hereto, or as constituting the
VILLAGE (including its elected officials, duly appointed officials, officers, employees and
agents), the agent, representative or employee of the COUNTY for any purpose or in any manner,
whatsoever. The VILLAGE is to be and shall remain independent of the COUNTY with respect
to all services performed under THIS MASTER AGREEMENT.
4. It is mutually agreed by and between the parties hereto that each party warrants and represents to
the other party and agrees that (1) THIS MASTER AGREEMENT is executed by duly
authorized agents or officers of such party and that all such agents and officers have executed the
same in accordance with the lawful authority vested in them, pursuant to all applicable and
substantive requirements; (2) THIS MASTER AGREEMENT is binding and valid and will be
specifically enforceable against each party; and (3) THIS MASTER AGREEMENT does not
violate any presently existing provision of law nor any applicable order, writ, injunction or
decree of any court or government department, commission, board, bureau, agency or
instrumentality applicable to such party.
5. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
be deemed to take effect on February 1, 2009, provided the duly authorized agents of the parties
hereto duly execute THIS MASTER AGREEMENT by affixing their signatures prior to
February 1, 2009. In the event the date that the last authorized agent of the parties hereto affix
their signature to THIS MASTER AGREEMENT is subsequent to February 1, 2009, the
effective date of THIS MASTER AGREEMENT shall then be the first day of the month which
follows the date that the last authorized agent of the parties hereto affixes their signature.
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6. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
be enforceable in any court of competent jurisdiction by each of the parties hereto by any
appropriate action at law or in equity, including any action to secure the performance of the
representations, promises, covenants, agreements and obligations contained herein.
7. It is mutually agreed by and between the parties hereto that the provisions of THIS MASTER
AGREEMENT are severable. If any provision, paragraph, section, subdivision, clause, phrase or
word of THIS MASTER AGREEMENT is for any reason held to be contrary to law, or contrary
to any rule or regulation having the force and effect of law, such decision shall not affect the
remaining portions of THIS MASTER AGREEMENT.
8. It is mutually agreed by and between the parties hereto that the agreement of the parties hereto is
contained herein and that THIS MASTER AGREEMENT supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matter hereof. Any prior
agreements between the parties hereto shall remain in full force and effect except as modified by
THIS MASTER AGREEMENT.
9. It is mutually agreed by and between the parties hereto that any alterations, amendments,
deletions or waivers of any provision of THIS MASTER AGREEMENT shall be valid only
when expressed in writing and duly executed by the parties hereto.
10. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
be binding upon and inure to the benefit of the parties hereto, their successors and assigns.
Either of the parties hereto may terminate THIS MASTER AGREEMENT by giving thirty (30)
days written notice.
11. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT may
be executed in multiple identical counterparts, and all of said counterparts shall, individually and
taken together, constitute THIS MASTER AGREEMENT.
12. It is mutually agreed by and between the parties hereto that THIS MASTER AGREEMENT shall
remain in full force and effect for such a period of time as any of the COUNTY SIGNALS
located at any of the intersections listed in the attached EXHIBIT A remain in place, in use and
in operation.
ATTEST:
Lf '
ge Clerk
VILLAGE OF BUFFALO GROVE
President
Date:
RECOMMENDED FOR EXECUTION
Mart Buehler, P.E.
- - - Director- of Transportation / County Engineer
Lake County
ATTEST:
County Clerk
Lake County
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COUNTY OF
By:
air
Lake _ ounty Board
Date:
i
EXHIBIT A
DIVISION OF COSTS
Effective upon the completion of construction activity and the acceptance of the TRAFFIC SIGNALS at the intersection by the COUNTY ENGINEER
MAINTENANCE
FUTURE
COSTS
COSTS
Intersection
Effective
Date
ENERGY
VILLAGE COUNTY
VILLAGE
COUNTY
at Barclay y B (County Hwy. 33)
at Barclay Blvd.
2/1/2009
25 50
25
50
Lincolnshire
Aptakisic Rd. (County Hwy. 33)
at Brandywyn Ln.
— 0 --
50 50
50
50
Buffalo Grove
at Buffalo Rd. (County Hwy. ty 33)
at Buffalo Grove Rd. (County Hwy. 16)
2/1/2009
0 100
0
100
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Leider Ln.
— 0 —
25 X50
25
50
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Prairie Rd.
2/1/2009
33.3 66.7
33.3
66.7
Buffalo Grove
Aptakisic Rd. (County Hwy. 33)
at Weiland Rd.
2/1/2009
:3:3.3 66.7
33.3
66.7
Buffalo Grove
Arlington Heights Rd. (County Hwy. 79)
at Checker Rd.
2/1/2009
25
50
25
50
Buffalo Grove
Buffalo Grove Rd. (County Hwy. 16)
at Old Checker Rd.
2/1/2009
50
50
50
50
Buffalo Grove
Buffalo Grove Rd. (County Hwy. 16)
at Port Clinton Rd.
2/1/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Buffalo Grove Rd. (County Hwy. 16)
at Thompson Blvd.
2/1/2009
50
50
50
50
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Buffalo Grove Rd. (County Hwy. 16)
2/1/2009
0
100
0
100
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Busch Pkwy.
2/1/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Commerce Ct.
2/1/2009
33.3
66.7
33.3
66.7
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Fire Station No. 26
2/1/2009
100
0
100
0
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Highland Grove Dr.
211/2009
50
50
50
50
Buffalo Grove
Deerfield Pkwy. (County Hwy. 11)
at Weiland Rd.
2/1/2009
50
50
50
50
Buffalo Grove
Weiland Rd. (County Hwy. 73)
at Aptakisic -Tripp School Entrance
2/1/2009
100
0
100
0
Buffalo Grove
Weiland Rd. (County Hwy. 73)
at Pauline Ave.
211/2009
100
0
100
0
Buffalo Grove
Effective upon the completion of construction activity and the acceptance of the TRAFFIC SIGNALS at the intersection by the COUNTY ENGINEER