1988-27 RESOLUTION NO. 88- 27
A RESOLUTION APPROVING AN AGREEMENT FOR
THE MAINTENANCE AND OPERATION OF A
TRAFFIC SIGNAL AT TOWN CENTER
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 Town Center Shopping Center;
and,
WHEREAS, the approval of agreement with the owner of the Town
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 83 entrance to Town
Center." A copy of said agreement is attached hereto and made a part
thereof.
AYES: 4 - Marienthal, Reid, Shields Shifrin
NAYES: 0 - None
ABSENT: 1 - Glover
PASSED: May 9 1988 1988
APPROVED: May 9, 1988 1988
APPROVED:
Village President
ATTEST:
Village Clerk
AN AGREEMENT FOR THE CONSTRUCTION
MAINTENANCE AND OPERATION OF
A TRAFFIC SIGNAL
AT THE
ILLINOIS ROUTE 83 ENTRANCE
TO THE TOWN CENTER
This reement is made and entered into this day of
al� , 1988, by and between the Village of Buffalo Grove,
an Illinois Corporation (hereinafter called the "Village") , Buffalo
Grove Town Center Partnership, an Illinois Limited Partnership By:
Buffalo Grove Associates, an Illinois Limited partnership By: B.G.I. ,
Inc. , an Indiana corporation (hereinafter called "Town Center") .
W I T N E S S E T H
WHEREAS, Town Center has traffic access to Illinois Route 83;
and
WHEREAS, pursuant to Planned Unit Development Agreement for
Town Center, approved by the Village on November 6, 1986, Town Center
is obligated to modify the traffic signal at the Illinois Route 83
entrance to Town Center; and
WHEREAS, Town Center, 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 covenants hereinafter contained, the parties hereto agree as
follows:
1. Town Center is owner of certain property located at the
northwest corner of Lake-Cook Road and Illinois Route
83 legally described as Lot 1 and 2 in the Buffalo
Grove Town Center, Unit 1, a subdivision of Section 33,
�+r�J!a30
Township 43 North, Range 11 East of the Third Principal
Meridian, as recorded November 4, 1988, as Document No.
2737813 in Lake County Illinois.
2. Town Center has prepared, all plans and specifications
(collectively the "Traffic Signal") which may be
required in connection with the construction and
installation of the Traffic Signal, such Plans to be in
compliance with applicable Village ordinances and
subject to the approval of the Illinois Department of
Transportation.
3. Town Center shall assure that the construction and
installation of the Traffic Signal shall comply with all
laws, ordinances, rules and regulations or governmental
authorities and public utilities having jurisdiction or
authority thereover.
4. Town Center shall reimburse the Village quarterly for
seventy-five percent (75%) of the cost of maintaining
and operating the Traffic Signal, no later than thirty
(30) days following the date of the Village's invoice to
Town Center, which invoice shall be in accordance with
prevailing IDOT traffic signal maintenance charges.
5. Town Center 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 Town
Center's modification of the Traffic Signal arising
during the construction period and prior to final
acceptance by the Village and/or Illinois Department of
Transportation.
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 Developer 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 Town Center or
successors, heirs, personal representatives and assigns.
-2-
8. This agreement shall be binding upon and shall inure
to the benefit of the parties hereto and their
successors and assigns.
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.
ATTEST: VILLAGE OF BUFFALO GROVE
STATE OF ILLINOIS
ACTING BY AND THROUGH ITS
VILLAGE BOARD—OF TRUSTEES
By /
y 4.L ---
V•illae Clerk Village President
DEVELOPER - Buffalo Grove Town Center PARTNERSHIP, an
Illinois Limited Partnership
By: Buffalo Grove Associates, an Illinois Limited
Partnership
By: B.G.I. , Inc. , an Indiana cor oration
By: {�O
R. L. Foxwor T
y, Vice President �ds�J
-3-
ITEM XI. (C)
TO: William R. Balling
Village Manager
FROM: Richard K. Kuenkler
Village Engineer
DATE: April 29, 1988
SUBJECT: BUFFALO GROVE TOWN CENTER
TRAFFIC SIGNAL MAINTENANCE AGREEMENT
Please find attached the subject agreement which provides
for the modification and future maintenance of the traffic
signal on Route 83 at the south entrance.
Approval is recommended and do not hesitate to call if you
have any questions.
...... ............. ....... .................
ha...d K. Kuenkler, P. E.
RKK/j m
Attachment
cc: Marc Schwartz, Batler, Capitel & Schwartz
BATLER AND SGHWARTZ
ATTORNEYS AT LAW
400 W. DUNDEE ROAD
MICHAEL D.BATLER* BUFFALO GROVE.ILLINOIS 60089 CHICAGO OFFIGE
MARC K. SCHWARTZ" AREA CODE 312 29 S.LA SALLE STREET
JEROME M. KAPLAN 541-8900 SUITE 330
OF COUNSEL FAX#312 CHICAGO. ILL.60603
ALLEN B.KATZ 541-44I I AREA CODE 312
ALSO ADMITTED IN 726-4163
WISGONSIN
January 24 , 1989
Dick Kuenkler
VILLAGE OF BUFFALO GROVE
50 Raupp Blvd .
Buffalo Grove , IL 60089
RE: Signal Maintenance Agreement
Buffalo Grove Town Center Associates
Our File No. 68-4155
Dear Dick:
I apologize for my delay in getting back to you however
matters of immediate urgency have required my complete attention
in the last few weeks. Nevertheless, please note that Town
Center Associates has authorized the changes to the Town Center
Traffic Signal Agreement that was approved by the Village on May
9, 1988 and you have the authority of our client to record the
Agreement.
Once again, I apologize for the delay in gettin 'back to you
and best wishes for a happy and healthy New Year t you and your
family.
Very truly ours,
BATLER/& CHWA TZ
Marc K. Sc artz
MKS/mlh
-1
cc : Glenn Johnson
Tom Maskey
Stan Lieberman 5)
Vol,
S
BATLER. GAPITEL & SCHWARTZ
ATTORNEYS AT LAW
400 W. DUNDEE ROAD
MlCHAEL A. BATLER' BUFFALO GROVE. ILLINOIS 60089 CHICA00 OFFICE
IRVINO S.CAPITEL AREA CODE 512 29 S. LA SALLE STREET
MARC K.SCHWARTZ* 641_8900 SUITE 830
JEROME M. KAPLAN CHICAOO.ILL.60603
OF COUNSEL AREA CODE 312
At.FN B. KATZ VT4
Apri1 27 , 1988ALSO ADM1
T"I'ED IN WISCONSIN
Dick Ruenkler ENGINEERING SERVICES
VILLAGE OF BUFFALO GROVE
50 Raupp Blvd.
Buffalo Grove , IL 60089
RE: Signal Maintenance Agreement
Buffalo Grove Town Center Asso es
Our File No. 68-4155
Dear Dick:
Enclosed please find an original executed copy of the Signal
Maintenance Agreement dated April 26, 1988. Please note that I
have made a handwritten change to Paragraph 5 pursuant to
agreement with Bill Balling. Please have the change in Paragraph
5 initialed, have the Agreement executed and then forward a fully
executed copy of the Agreement to my attention.
Thank you for your cooperation in this matter and if you
have any questions, of course, please do not hesitate to contact
me.
VPe ,
B & SCHWARTZ
f
M
MKS/mlh
Enclosure
cc : Barry Lindsey
Glenn Johnson
Tom Maskey
Bill Balling