HomeMy WebLinkAboutRESOLUTION - 31-92 - 4/28/1992 - AGRMT/EG PARK DISTRESOLUTION NO. 31-92
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND THE ELK GROVE PARK DISTRICT FOR COMPENSATORY
STORAGE CONSTRUCTION (OLMSTEAD PARK)
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 as follows:
Section 1: That the Village President be and is hereby authorized to
sign the attached documents marked:
"AGREEMENT FOR COMPENSATORY STORAGE CONSTRUCTION"
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
April
, 1992.
APPROVED
this
28th
day
of
April
, 1992.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
0
AGREEMENT FOR COMPENSATORY STORAGE CONSTRUCTION
• s •
WHEREAS, ELK GROVE PARK DISTRICT (the "District") owns fee
simple title to a parcel of real estate located in the Village of
Elk Grove Village (the "Village") commonly known as Olmstead Park;
and
WHEREAS, the Village wishes to undertake the library
waterproofing project and in connection therewith to construct and
provide compensatory storage therefor within the confines of
Olmstead Park; and
WHEREAS, the District is willing to permit the Village to
construct compensatory storage as aforesaid on Olmstead Park on the
terms and conditions provided herein.
NOW, THEREFORE, in consideration of the premises and other
good and valuable considerations, the receipt and sufficiency of
which is hereby acknowledged by the parties hereto, it is hereby
agreed by and between the Village and the District as follows:
1. Pro!ect. The District hereby grants the Village, its
agents, contractors, successors and assigns, permission to
construct compensatory storage at Olmstead Park as depicted on and
in accordance with the drawing prepared by Donahue & Associates
dated January 15, 1991, per revision No. 1 thereto dated February
11, 1992, for Project 18-228. Construction of said project shall
commence not later than July 1, 1992, and shall be
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continuously diligently pursued to completion not later than
December 1 , 1992. The cost of construction shall be borne
solely by the Village, which shall allow no liens for labor or
materials to attach to the premises subject to the improvements.
2. Indemnity. Village shall protect, defend, indemnify, and
save District and its directors, officers, agents, servants and
employees harmless from and against any and all liabilities,
damages, costs, claims, obligations and expenses, including
reasonable attorneys' fees, arising from injury or death to persons
or damage to property, arising out of or in connection with
Village's use of or construction on Olmstead Park pursuant hereto
or arising from any act or omission of Village or its agents,
contractors, servants and employees, including but not limited to
claims of any third party alleging damage from flooding on account
of construction pursuant hereto.
3. Insurance. Prior to commencing work on Olmstead Park as
aforesaid, Village or its contractor shall purchase and maintain at
their sole cost and expense, a policy or policies of insurance
issued by good and responsible insurance companies, with a rating
of not less than "A" by Best & Co. and in a form satisfactory to
District as follows:
COVERAGE #1
Workers' Compensation Insurance Policy:
Coverage A -- To pay promptly when due all compensation
and other benefits required of the insured by the workers
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compensation law.
Coverage B -- Employers' Liability: To pay on behalf of
the insured with limits not less than $500,000 each
accident/occurrence#occurrence all sums which the insured
shall become legally obligated to pay as damages because
of bodily injury by accident or disease, including death
at any time resulting therefrom. Coverage A and Coverage
B will cover all contractors, subcontractors, and their
subcontractors, including the Village if the Village
shall be executing the Work.
COVERAGE #2
Comprehensive General Liability Policy or Policies
covering all contractors, subcontractors and all their
subcontractors with limits not less than the combined
single limit of $1,000,000 for bodily injuries to or
death of one or more persons and/or property damage
sustained by one or more organizations as a result of any
one occurrence, which policy or policies shall not
exclude property of District. District shall be added as
Additional Insured and a Loss Payee under endorsement
GL 2010. Bodily injury means bodily injury, sickness, or
disease sustained by any person which occurs during the
policy period, including death, at any time resulting
therefrom. Property damage means (1) physical injury to
or destruction of tangible property which occurs during
the policy period, including the loss of use thereof at
any time resulting therefrom, or (2) loss of use of
tangible property which has not been physically injured
or destroyed provided such loss of use is caused by an
occurrence during the policy period.
There shall be furnished to District, prior to commencing
the work herein proposed, a certificate of insurance
showing the issuance of insurance policies pursuant to
the requirements contained in Coverages #1 and #2 of this
section, which policies shall be held by Village and
shall be delivered to District upon written request.
Insurance coverage as required herein shall be kept in
force until all work has been completed.
Declarations in each of said policies shall identify the
work as being done by and for others on property owned by
District and there shall be no exclusions in any of said
policies not approved by District.
All policies of insurance carried by the Village
hereunder shall carry riders requiring the issuers of
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such policies to provide District sixty (60) days notice
prior to cancellation.
4. Governing Law. This agreement shall be construed and
governed in accordance with the laws of the State of Illinois.
IN WITNESS WHEREOF, the Village and the District have executed
these presents in triplicate, each of which shall constitute an
original, by and through their respective duly authorized officers,
this 28th day of April , 1992.
VILLAGE OF ELK GROVE VILLAGE
By: Charles J. Zettek
Its Village President
ATTEST:
Patricia S. Smith
Village Clerk
ELK GROVE PARK DISTRICT
By:
Its
ATTEST:
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