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HomeMy WebLinkAboutRESOLUTION - 22-08 - 4/22/2008 - REDSPEEDRESOLUTION NO. 22-08 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BETWEEN REDSPEED ILLINOIS, LLC AND THE VILLAGE OF ELK GROVE VILLAGE ADOPTED BY RESOLUTION NO. 50-07 FOR A TRAFFIC LAW ENFORCEMENT SYSTEM NOVO', THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section I: That the Mayor be and is hereby authorized to sign the attached document marked: FIRST AMENDMENT TO THE AGREEMENT BETWEEN REDSPEED ILLINOIS, L.L.C. AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE INSTALLATION AND OPERATION OF AN AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM 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 document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 22nd day of April 2008. APPROVED this 22"d day of April 2008. APPROVF.T): Mayor CraijZ B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, VillalZe Clerk ResAgreeREDSPEED 1 stamendment. FIRST AMENDMENT TO AGREEMENT BETWEEN REDSPEED ILLINOIS, LLC AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE INSTALLATION AND OPERATION OF AN AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM This First Amendment to Agreement between RedSpeed Illinois, LLC and the Village of Elk Grove Village for the Installation and Operation of an Automated Traffic Law Enforcement System (the "Amendment'') made this 22nd day of April , 2008 by and between REDSPEED ILLINOIS, LLC, an Illinois limited liability company ("RedSpeed") and the Village of Ell: Grove Village an Illinois municipal corporation ("Municipality"); WITNESSETH: WHEREAS, RedSpeed and Municipality executed and delivered that certain Agreement between RedSpeed and the Municipality for the Installation and Operation of an Automated Traffic Law Enforcement System (the "Agreement") on September 25, 2007; and WHEREAS, pursuant to the Introductory Paragraph of Exhibit. A to the Agreement RedSpeed and Municipality agreed to the subsequent identification of the enforced intersections as warranted by community safety and traffic needs, which designation would then be incorporated into an amendment to the Agreement (the "Designated Intersection Clause"); and WHEREAS, RedSpeed and Municipality have agreed to amend the Agreement to conform with the Designated Intersection Clause as herein provided. NOW, THEREFORE, the Agreement is amended as of the date hereof as follows: All capitalized terms used herein shall have the same meaning as is ascribed to them in the Agreement, unless otherwise defined herein. 2. This Amendment may be executed in counterparts and all so executed shall constitute one and the same Amendment. The parties intend to sign and deliver this Amendment by facsimile transmission. Each party agrees that the delivery of the Amendment by facsimile shall have the same force and effect as delivery of or signatures and that. each party may use such facsimile signatures as evidence of the execution and delivery of the Amendment by all parties to the same extent that an original signature could be used. As used herein, the term "the date hereof' shall mean the date on which a counterpart of this Amendment was delivered fully executed by the last party executing this Amendment in counterpart to the first party executing this Amendment and counterpart. 3. Except for the amendments reflected in the hereinafter paragraph 4, RedSpeed and Municipality confirm the Agreement as being valid and binding on RedSpeed and Municipality subject to the terms of this Amendment. 4. The Agreement is amended in the following particulars: Designated Intersection. RedSpeed and Municipality agree that the Designated Intersections are as follows: • Oakton & Busse (E) • Oakton & Busse (S) • Devon & Busse (N) • Devon & Busse (S) IN WITNESS WHEREOF, RedSpeed and Municipality have executed- this Amendment on the date first above written. ATTEST: By: Name: Ann I. Walsh Its: Village Clerk 2 REDSPEED: REDSPEED ILLINOIS, LLC By: erte Name: Linda J. Keatin Its: Vice President MUNICIPALITY: VILLAG F LK GROVE VILLAGE v _ Name: Craig B. Johnson Its: Mayor