HomeMy WebLinkAboutRESOLUTION - 38-85 - 5/28/1985 - PASSENGER SHELTER AGRMT0
RESOLUTION NO. 38-85
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE
A PASSENGER SHELTER AGREEMENT WITH THE SUBURBAN BUS DIVI-
SION OF THE REGIONAL TRANSPORTATION AUTHORITY
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State of
Illinois:
Section 1: That the Village President be and is hereby authorized
to sign the attached documents marked:
"Passenger Shelter Agreement"
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon
the signature of the Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED
this
28th
day
of
May
1985•
APPROVED
this
28th
day
of
May
1985•
ATTEST:
Ilafern R. Snick
Deputy Village Clerk
Charles J. Zettek
Village President
PASSENGER SHELTER AGREUILnT
THIS AGREEMENT made May 28 , 1985 , between the
SUBURBAN BUS DIVISION of the REGIONAL TRANSPORTATION AUTHORITY, an
Illinois municipal corporation (hereinafter called the "SBD"),
and _ the village of Flk f,rnvayillagp , a municipal corporation
(hereinafter called the Municipality).
W I T N E S S E T H
a
WHEREAS, the SBD has purchased or will purchase certain
passenger shelters as detailed in attached drawings and specifications
for installation along certain bus routes within the Municipality;
and
WHEREAS, the SBD and the Municipality have ascertained it to
be in the best public interest to install bus shelters at
certain locations along such bus routes.
.NOW, THEREFORE, in consideration of the mutual promises
hereinafter set forth, it is agreed as follows:
1) The SBD, at its expense, shall procure bus shelters
:(hereinafter shelters), which in its exclusive discretion are
considered acceptable and shall inspect such shelters on,delivery,
retaining exclusive capacity to accept same for installation and use
within the Municipality. The SSD shall retain title to the
shelters at all times and the Municipality agrees to do nothing
to affect such title in any way.
2) The SBD shall, after approval of Municipality, determine
the location wherein each shelter shall be placed within the
Municipality with regard to optimum passenger usage and bus route
access.
3) The SII, shall develop all specific tions relating to
rhe erection of the shelters and shall provide all graphics and
identification media for application thereto. Graphics shall be
affixed to the shelters according to attached drawings and
specifications. There shall be no com.-nercial advertising
placed on the shelters at any time. No marks shall be affixed to
the shelters other than that which is done at the specific
direction of the SBD.
4) The SBD shall bear the entire cost of installing the
shelters. Municipalities shall install shelters in accordance with
specifications provided by the SBD. Installation shall be
complete by , 19 Installation shall,
whenever possible, be performed by the regular employees of the
Municipality. Compensation shall be based on the hourly wage/
salary scale, plus fringe benefits, of .the employees actually
engaged in installation, subject to UMTA and IDOT regulations
concerning such employees.
5) The Municipality shall create or cause to be created,
a simple license or a permanent easement in favor of the SBD
allowing use of the affected parcels for the shelters themselves
and for access thereto for purposes of installation, maintenance
and inspection. All costs, fees and disbursements incidental to
the creation of such easement shall be bonne by the Municipality.
6) The Municipality shall, using its regular employees,
install the shelters in accordance with the specifications provided
therefore by the SBD and will maintain the shelters in a
satisfactory manner at its oum expense. The Municipality and the
SBD shall conduct periodic inspections of the shelters, and as
discrepancies which require maintenance shall be discovered, the
t•lunicipality will make prompt corrections thereof in all cases,
tirithin seven (7) days. The SBD shall provide necessary replacement
parts at its expense.
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7) On and from receipt of the subject shelters, the
Municipality assumes all liability for loss thereof due to
destruction, theft or otherwise; and shall reimburse the SBD for
such losses within thirty (30) days. The agreed amount for the
losses herein contemplated shall be the replacement cost of the
same or comparable shelter.
S) The Municipality agrees to indemnify and hold harmless
the SBD, its directors, officers, employees and agents from and
against any and all liabilities, losses, damages, costs, payments
and expenses of every kind (including attorney's fees and
disbursements) as a result of claims, demands, actions, suits,
proceedings, judgments or settlements arising out of or in any way
relating to or occurring in connection with this Agreement or the
execution, performance, non-performance or enforcement hereof
including the enforcement of this indemnity provision; or the
installation, use, condition or maintenance of the shelters
whether such liability, loss, damage, cost or expense is caused in
thole or in part by or arises out of the negligence of the SBD
or its directors, officers, employees or agents or for any other
causes. The SBD agrees to notify the Municipality in writing
within a reasonable time of any claim of i.*hich it -becomes aware,
which may fall within this indemnity provision. The Municipality
agrees to defend the SBD and its directors, officers, employees
and agents against any claims, suits, actions or proceedings
filed against any of them with respect to the subject matter of
this indemnity provision whether such claims, suits, actions or
proceedings are rightfully or wrongfully made or filed. The
provisions of this indemnity paragraph all survive termination
of this Agreement.
9) In connection with the execution and performance of
this agreement, the i41unicipality certifies that it shall not
discriminate against any employee, applicant for employment, or
contractor because of race, religion, color, sex, or national
origin; and that it shall comply with all respects with federal
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and state law conc..rning Equal Employment Opp-:tunity and Fair
Employment Practices.
10) This Agreement shall terminate on sixty (60) days
written notice from either party. The SED reserves the right to
remove the shelters at any time, the particulars of such removal
to be established by letter agreement between the parties and
all costs thereof shall be borne by the SBD as described and
computed in paragraph four. All obligations, with the exception
of those identified in paragraph 8, shall terminate upon actual
.removal of the shelters from the Municipality.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed the date above written.
SUBURBAN BUS DIVISION of the
-REGIONAL TRANSPORTATION AUTHORITY
By:
ATTEST:
By:
ATTEST:
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