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1990-49RESOLUTION NO. 90 - 49 A RESOLUTION APPROVING AN AGREEMENT FOR THE MAINTENANCE AND OPERATION OF A TRAFFIC SIGNAL AT THE WOODLAND COMMONS WHEREAS, the 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 entrance to the Woodland Commons Shopping Center; and, WHEREAS, the approval of agreement with the owner of the Woodland Commons Shopping Center 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 the "Agreement for the Construction, Maintenance and Operation of a Traffic Signal at the Illinois Route 22 entrance to the Woodland Commons." A copy of said agreement is attached hereto and made a part thereof. AYES: 6 - Marienthal, Reid, Shifrin, Mathias, O'Malley, Kahn NAYES: 0 - None ABSENT: 0 - None PASSED: November 19 1990 APPROVED: November 19 1990 APPROVED: ATTEST: Village President Villa Clerk ORD89:RESOLUTI0N /T.S. 2.98934'9 AN AGREEMENT FOR THE CONSTRUCTION MAINTENANCE AND OPERATION OF A TRAFFIC SIGNAL AT THE ILLINOIS ROUTE 22 ENTRANCE TO THE WOODLAND COMMONS .This Agreement is made and entered into this - -L day of 1990, by between the Village Buffalo Grove, an and of _ Illinois Corporation (hereinafter called the "Village "), and American National Bank and Trust Company of Chicago, as Trustee under Trust No. 67182 (hereinafter called "WOODLAND COMMONS"). W I T N E S S E T H WHEREAS, Woodland Commons has traffic access to Illinois Route 22, and; WHEREAS, Woodland Commons has obtained a: :permit from the Illinois Department of Transportation and secured a contractor for the required construction; NOW, THEREFORE, in consideration of the foregoing, and the mutual convenants hereinafter contained,'the parties hereto agree as follows: 1. Woodland Commons is owner of certain property located at the northeast corner of Buffalo Grove Road and Illinois Route 22 legally described as Lot 3 in the Woodland Commons Shopping Center and Commerce Center, a subdivision of Sections 17 and 20, Township 43 North, Range 11 East of the Third Principal Meridian, as recorded July 5, 1990, as Document No. 2921830 in Lake County, Illinois. • • .- - 2. Woodland Commons has prepared, all plans and specifications (collectively the "Traffic Signal ") required in connection with the installation of the Traffic Signal. It is agreed that such plans are in compliance with applicable Village ordinances and have heretofore been approved by the Illinois Department of Transportation. 3. Woodland Commons shall assure that the construction and install- ation of the Traffic Signal shall comply with all laws, ordinances, rules and regulations of governmental authorities and public utilities having jurisdiction or authority thereover. 4. Woodland Commons shall reimburse the Village quarterly for seventy -five percent (75 %) of the cost of maintaining and oper- ating the Traffic Signal, no later than thirty (30) days following the date of the Village's invoice to Woodland Commons which invoice shall be in accordance with prevailing IDOT traffic 'signal maintenance charges and energy charges from Commonwealth Edison Company. 5. Woodland Commons hereby agrees to indemnify and hold the Village harmless from and against any and all loss, liability, damages, claims, costs and expenses, including attorneys' fees, that may result from claims by persons not parties to this agreement with respect to injuries to persons, property or contractual interests (including liens or claims for lien) arising from Woodland Commons` installation of the .Traffic Signal. 6. Upon installation of the Traffic Signal in accordance with the plans and upon approval by the Village Engineer and the Illinois Department of Transportation, the Village shall own the Traffic Signal and shall be responsible for maintaining and operating the Traffic Signal, except that Woodland Commons shall reimburse the Village for a portion of its expenses, as outlined in Paragraph 4 above. 7. The rights, benefits, duties and obligations contained herein and the provisions hereof shall be a covenant running with the land with respect to the properties hereinbefore described and shall be binding upon and inure to the benefit of Village and Woodland Commons or successors, heirs, personal representatives and assigns. 8. This agreement shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 2989309 -2- z —3— IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized offices upon the day and year first above written. ` J \LL1 ',m- VILLAGE OF BUFFALO GROVE a,J'stf�`V, J♦ 4 -° p +•,'��f "r STATE OF ILLINOIS ACTING BY AND THROUGH ITS .. i . -� • VILLAGE BO ARD OF TRUSTEES r By Village President ATTEST: AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUSTEE UNDER TRUST N0. 67182 (WOODLAND COMMONS r' By T1v T itle ,/� This instrument is executed by the undersigned Land Trustee, not personaly but solely as Trwi a in the exercise of the po gar and authority conferred upon and vested in it as such Document Prepared By : Trwtes. it is express`!y understood and agreed that all of the warranties, indemnities, on the of tha { fJe ts' represe^tations, covenants, �. n,S and agreements herein made part Truer• a are undertaken by i< c" y it capacity a3 Trustee and not personally. No personal Mr. William G. Raysa ilasaity or personal responsib&Y Js es�un ad by or shaft at arty time he asserted or account of any warranty, a+derrndy, rep n 00, BLOCHE, FRENCH & RAYSA E tY;se.bt to agafr�t the TnAi^e on covenant, ur.teral ing or agreement of Nee TmSWO in this WANOWL 1140 Lake Street Suite 400 Oark Park, Illinois 60401 Recorder Mail To:i r'. Village Clerk Village of Buffalo Grove rn 50 Raupp Blvd. C—)— Buffalo Grove, Illinois 60089 —3—