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
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z
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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
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