1998-47Resolution No. 98- 47
A Resolution Indemnifying the Buffalo Grove Park District on the Proposed Illinois
Route 83 Bikeway Overpass at Fairington Drive
Whereas the Village of Buffalo Grove enacted Resolution 98 -35 on October 19, 1998,
which Resolution approved the agreement entitled "Agreement Concerning the Illinois
Route 83 Bikeway Overpass at Fairington Drive Between Village of Buffalo Grove,
Buffalo Grove Park District and Buffalo Grove Rotary Club ( "Agreement "); and
Whereas, said Agreement provided that the Buffalo Grove Park District indemnify and
hold harmless the Village for any liability arising from that part of the bikepath located
on Park District property; and
Whereas, the Buffalo Grove Park District has requested a cross indemnification from the
Village for that part of the bikepath located on Village property.
NOW, THEREFORE, be it resolved by the Village President and Board of Trustees of
the Village of Buffalo Grove, Lake and Cook Counties, Illinois as follows:
The Village of Buffalo Grove covenants and agrees that it shall indemnify, protect,
defend and hold harmless the Buffalo Grove Park District from any and all liability,
costs, damages, expenses, or claims thereof arising under, through or by virtue of the
construction, operation and maintenance of the proposed Illinois Route 83 Bikeway
Overpass and connected bikepath that are located on Village property.
AYES:
NAYES:
ABSENT:
PASSED:
ATTEST:
Vi age Clerk
- Marienthal, Rubin, Braiman, Hendricks, Glover
0 - None
1 - Reid
December 21,1998
AGREEMENT CONCERNING THE ILLINOIS ROUTE 83 BIKEWAY OVERPASS
AT FARRINGTON DRIVE BETWEEN VILLAGE OF BUFFALO GROVE,
BUFFALO GROVE PARK DISTRICT AND BUFFALO GROVE ROTARY CLUB
This agreement is made and entered into this 25th day of January, 1999, by and between the Village of
Buffalo Grove, Illinois, a municipal corporation, hereinafter referred to as the "Village," the Buffalo Grove Park
District, a municipal corporation, hereinafter referred to as the "Park District" and the Buffalo Grove Rotary Club
hereinafter referred to as "Rotary Club."
WITNESSETH, THAT
WHEREAS, the Village, the Park District and the Rotary Club would like to implement the construction of
the Illinois Route 83 Bikeway Overpass at Farrington Drive Project, the preliminary design of which is described in
Exhibit A entitled "Bikeway Overpass over Illinois Route 83 at Farrington Road — Preliminary Analysis Report;"
and,
WHEREAS, members of the Rotary Club requested project funding participation from the State of Illinois
which resulted in the Village being awarded a $450,000.00 grant through the Illinois Department of Natural
Resources; and,
WHEREAS, additional funding is required in order to perform the construction of the project; and,
WHEREAS, long term maintenance and operational responsibilities and related cost sharing provisions
need to be established for the bikeway overpass;
NOW, THEREFORE, it is hereby agreed as follows:
1. . Supplemental funding for the project will be provided by the following agencies as noted below:
AGENCY /ORGANIZATION FUNDING COMMITMENT
Village of Buffalo Grove $ 75,000.00
Buffalo Grove Park District $ 75,000.00
Buffalo Grove Rotary $ 25,000.00
If a lesser amount is required to complete the project, proportional reductions of the cost sharing
distribution between the parties of this agreement would occur.
2. Long term maintenance and other expenses on the bikeway overpass structure and other related
construction would be shared as follows:
•
3. The maintenance procedures and other provisions of items 1,2 and 4 of the agreement between the Village
and the Park District entitled "An Agreement Concerning the Joint Maintenance of Certain Bike Paths"
dated April 24, 1989 shall apply to the Illinois Route 83 Bikeway Overpass at Farrington Drive
Improvements.
4. The Village and Park District agree that the proposed improvement is a desirable minor change to the Park
Master Plan dated as last revised November 10, 1997 approved as Exhibit D to Village Ordinance 97 -108
for Busch Grove Community Park.
5. Indemnifications: The Park District covenants and agrees that it shall indemnify, protect, defend and hold
harmless the Village from any and all liability, costs, damages, expenses, or claims thereof arising under,
through or by virtue of the construction, operation, and maintenance of the proposed facilities that are
located on the Park District property. The Village convenants and agrees that it shall indemnify, protect,
defend and hold harmless the Park District from any and all liability, costs, damages, expenses, or claims
thereof arising under, through or by virtue of the construction, operation, and maintenance of the proposed
facilities that are located on the Village property.
VILLA O OF
By:
Village P sident
A EST:
ak4
age Clerk
ATTEST: �_
�w` �S�
Park District Clerk
By: dA Z -4W�-
Park Board President
By:
Rotary Clu resident
MAINTENANCE EXPENSE ALLOCATION
IMPROVEMENT
VILLAGE OF BUFFALO
BUFFALO GROVE PARK
COMPONENT
GROVE
DISTRICT
The overpass structure including the
50%
50%
bridge abutments
All construction beyond bridge
0%
100%
abutments located on the
Buffalo Grove Park District's Busch
Grove Community Park property
All construction leading up to bridge
100%
0%
abutments on the Farrington Drive
right-of-way
3. The maintenance procedures and other provisions of items 1,2 and 4 of the agreement between the Village
and the Park District entitled "An Agreement Concerning the Joint Maintenance of Certain Bike Paths"
dated April 24, 1989 shall apply to the Illinois Route 83 Bikeway Overpass at Farrington Drive
Improvements.
4. The Village and Park District agree that the proposed improvement is a desirable minor change to the Park
Master Plan dated as last revised November 10, 1997 approved as Exhibit D to Village Ordinance 97 -108
for Busch Grove Community Park.
5. Indemnifications: The Park District covenants and agrees that it shall indemnify, protect, defend and hold
harmless the Village from any and all liability, costs, damages, expenses, or claims thereof arising under,
through or by virtue of the construction, operation, and maintenance of the proposed facilities that are
located on the Park District property. The Village convenants and agrees that it shall indemnify, protect,
defend and hold harmless the Park District from any and all liability, costs, damages, expenses, or claims
thereof arising under, through or by virtue of the construction, operation, and maintenance of the proposed
facilities that are located on the Village property.
VILLA O OF
By:
Village P sident
A EST:
ak4
age Clerk
ATTEST: �_
�w` �S�
Park District Clerk
By: dA Z -4W�-
Park Board President
By:
Rotary Clu resident