HomeMy WebLinkAboutORDINANCE - 1732 - 7/23/1985 - EG DISTANCE CLASSIC/AGRMTORDINANCE NO. 1732
AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH
THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND
REQUIREMENTS (ELK GROVE DISTANCE CLASSIC lOK)
WHEREAS, The Bank of Elk Grove and Alexian Brothers Medical Center
are sponsoring the 6th Elk Grove Distance 10 Kilometer Classic on September
15, 1985; 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,
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 close one lane of Arlington Heights Road between Chelmsford and Higgins
from the hours of 8:00 a.m. to 8:30 a.m.; and
WHEREAS, general County policy with regard to the issuance of permits
for disturbance of County rights-of-way requires that insurance protecting
the County of Cook from any and all claims that may arise during the course
of said disturbance be posted; and
WHEREAS, the general policy of the County of Cook requires that such
insurance be provided before a permit for such lane closure in or upon County
right-of-way will be issued; and
WHEREAS, the County of Cook 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 harmless 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 a closing of one lane of Arlington Heights
Road within the corporate limits of the Village of Elk Grove Village, the
Village does hereby agree that it shall indemnify, keep and save harmless,
the 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 County 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 incyrred in connection
therewith, and, if any judgment shall be rendered against the County in any
such action, the Village of Elk Grove shall, at its own expense, satisfy and
discharge the same. The Village of Elk Grove expressly understands and agrees
that any performance bond or insurance protection 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 County 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 County
of Cook of such proposed modification or repealer. Said notice shall be
served upon the County of Cook at the Office of the Superintendent of Highways,
118 North Clark Street, Chicago, Illinois 60602.
Section 3: The Clerk of the Village of Elk Grove Village is hereby
authorized and directed to forward to the County of Cook, Department of High-
ways, Permit Division, a certified copy of this Ordinance upon its passage
and approval.
Section 4: That this Ordinance shall be in full force and effect upon
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:
4
NAYS:
0 ABSENT: 2
PASSED
this
23rd
day of
July 1985.
APPROVED
this
23rd
day of
July 1985•
ATTEST:
Patricia S. Smith
Village Clerk
Published this 31st day of
Elk Grove Daily Herala
- 2 -
Charles J. Zettek
Village President
1985 in the