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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 -2 - 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 -3 - 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 -4 - 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: EGPb\C=Stora.Agt