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HomeMy WebLinkAboutORDINANCE - 1815 - 6/24/1986 - INDEMNIFICATION AGRMT/FOREST PRESERVEORDINANCE NO. 1815 AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF COOK COUNTY IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS (ELK GROVE DISTANCE CLASSIC 1OK) WHEREAS, the Bank of Elk Grove and Alexian Brothers Medical Center are sponsoring the 7th Elk Grove Distance 10 Kilometer Classic on September 14, 1986; and WHEREAS, said race shall be hosted by Elk Grove Park District and the Village of Elk Grove Village, Division of Community Service; and WHEREAS, the race course will traverse various Park District Property, Cook County Forest Preserve District Property (Ned Brown Forest Preserve), public streets maintained and owned by the Village of Elk Grove Village and public streets under the jurisdiction of Cook County; and WHEREAS, as a result of the course location, it will be necessary to utilize Forest Preserve bicycle paths in the Ned Brown Forest Preserve from the hours of 8:00 a.m. to 9:30 a.m. on September 14, 1986; and WHEREAS, general Forest Preserve policy with regard to the issuance of permits for special uses requires that insurance protecting the Forest Preserve District of Cook County from any and all claims that may arise during the special use; and WHEREAS, the general policy of the Forest Preserve District of Cook County requires that such insurance be provided before a permit for a special use will be issued; and WHEREAS, the Forest Preserve District of Cook County will waive such insurance requirements in favor of the Village of Elk Grove Village, and further will accept from the Village in lieu of such insurance a hold harm- less agreement. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1. That for and in consideration of waiver by the County of Cook of the insurance requirements and such other surety requirements as may be necessary for projects which may be undertaken by or hosted by the Village of Elk Grove Village, involving the use of bicycle paths on September 14, 1986 within the Ned Brown Forest Preserve, the Village does hereby agree that it shall indemnify, keep and save harmless, the Forest Preserve District of Cook County, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patent claims, suit liabilities, judgements, costs and expenses, which may in anywise accrue against the Forest Preserve in consequence of the granting of this agreement or which may in anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Village of Elk Grove or its employees, of a sub -contractor or his employees, if any, and the Village of Elk Grove shall, at its own expense, appear, defend and pay all charges of attorneys and costs and other expenses arising therefrom or incurred in connection therewith, and, if any judgment shall be rendered against the Forest Preserve in any such action, the Village of Elk Grove shall, at its own expense, satisfy and discharge the same. The Village of Elk Grove ex- pressly understands and agrees that any performance bond or insurance pro- tection required by this agreement, or otherwise provided by the Village of Elk Grove, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Forest Preserve as herein provided. Section 2. No amendment or repealer of this Ordinance shall become effective until thirty (30) days next following written notice to the Forest Preserve District of Cook County of such proposed modification or repealer. Said notice shall be served upon the Forest Preserve District of Cook County, Illinois at the Office of the General Superintendent, 536 North Harlem Avenue, River Forest, Illinois 60305. Section 3. The Clerk of the Village of Elk Grove Village is hereby authorized and directed to forward to the Superintendent of Maintenance and Operations a certified copy of this Ordinance upon it passage and approval. , Section 4. That this Ordinance shall be in full force and effectupon its passage, approval and publication as required by law. All Ordinances or parts of Ordinances in conflict with the terms and provisions hereof are hereby abolished. VOTES: AYES: 6 NAYS: 0 ABSENT: —0 PASSED this 24th day of �� APPROVED this 24th day of June , 1986. Charles J Z r ek Village President ATTEST: Patricia S. Smith Village Clerk PUBLISHED this 2nd day of July 1986 in the Elk Grove Daily Herald - 2 -