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Home My WebLink AboutRESOLUTION - 14-15 - 4/14/2015 - ELK GROVE PARK DISTRICT AGREEMENT - GATEWAY SIGNSRESOLUTION NO. 14-15 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT FOR SUPPLY, INSTALLATION AND MAINTENANCE OF VILLAGE OF ELK GROVE VILLAGE GATEWAY SIGNS ON VARIOUS ELK GROVE PARK DISTRICT LANDS NOW, 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 1: That the Mayor and Village Clerk be and are hereby authorized to sign the attached documents marked: INTERNGOVERNMENTAL AGREEMENT FOR SUPPLY, INSTALLATION AND MAINTENANCE OF VILLAGE OF ELK GROVE VILLAGE GATEWAY SIGNS ON VARIOUS ELK GROVE PARK DISTRICT LANDS Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 14`h day of April 2015. APPROVED this 14`h day of April 2015. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk AgreememPai R Diso id Vilhege5 igns INTERGOVERNMENTAL AGREEMENT FOR SUPPLY, INSTALLATION AND MAINTENANCE OF VILLAGE OF ELK GROVE VILLAGE GATEWAY SIGNS ON VARIOUS ELK GROVE PARK DISTRICT LANDS This Intergovernmental Agreement is made and entered into as of the le day of ApriL_, 2015 by and between the VILLAGE OF ELK GROVE VILLAGE, a home rule municipal corporation of the State of Illinois (hereinafter called "Village"), and the ELK GROVE PARK DISTRICT, a municipal corporation and body politic and corporate of the State of Illinois (hereinafter called "District"), and they hereby agree as follows: PREAMBLES: A. Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize units of local government and school districts to contract or otherwise associate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities. B. The Village and the District are public agencies as that term is defined in the Intergovernmental Cooperation Act. C. The District desires to cooperate with the Village by allowing it to install and maintain certain gateway signs on various park lands owned by the District, all as more particularly described hereinafter. The locations of such signs and the proposed content and configuration of such signs shall be as more particularly set forth, described and depicted in Group Exhibit A NOW, THEREFORE, in consideration of the premises and other good and valuable considerations the receipt and sufficiency of which is hereby mutually acknowledged by the parties hereto, IT IS AGREED by and between the Village and District as follows: 1. Not later than September 1, 2015, the Village shall, at its sole cost and expense supply and install a gateway sign at each park site of the District identified in Group Exhibit A, which is attached hereto and hereby made a part hereof. The location for each such proposed sign at each respective park site, as well as the specifications, proposed written content and configuration of each such proposed sign are also described, depicted and identified on Group Exhibit A. 2. The District hereby grants the Village a non-exclusive right of ingress and egress over and upon the surface of, and to and from the proposed locations of, each gateway sign as shown on Group Exhibit A, for the purpose of the initial installation of each such gateway sign and for periodic maintenance and repair of each such sign, during the Terra of this Agreement; provided, however, prior to each entry for the purpose of the initial installation of a gateway sign on any land of the District on which a gateway sign is permitted hereunder, Village shall notify the District at least fourteen days in advance of such proposed entry and the Village and District shall prepare and execute a memorandum expressing the parties' agreement on the duration of such entry for the purpose of the initial installation of a gateway sign. In the event that thereafter Village determines that maintenance or repair of any gateway sign is to be undertaken, Village shall give District advance written notice thereof as soon as reasonably possible but if such advance notice is not reasonably possible then Village may proceed to effectuate such repair or maintenance without such advance written notice but shall give notice thereof to the District as soon as possible. Each such proposed entry shall be for a reasonable period of time sufficient to permit the purpose of such entry to be accomplished under all the facts and circumstances. Upon completion of any installation, maintenance or repair, the Village shall at its sole cost and expense repair any damages to park district land resulting from its use thereof. 3. Any proposed gateway sign which is designed to use electricity is so identified on Group Exhibit A, together with the proposed source of electricity. Village at its sole cost and expense shall be responsible for obtaining any and all permits and consents necessary to hook up to any electricity source and to the extent that any such consent from the District is necessary District hereby grants same. All electric lines which may hereafter serve any gateway sign shall be buried and not be visible above grade. The cost of electrical hook up and the cost of electricity used in connection with the operation of any sign having an electric component shall be borne by the Village at all times during the Term, including any cost that is attributable to providing for electric meters. 4. Village agrees to comply with all applicable governmental codes, laws, rules, and regulations in its installation and maintenance of each and every gateway sign and to obtain any and all required permits applicable to such proposed work from each governmental body having jurisdiction in such regard. 5. Village, at its sole cost and expense, shall at all times during the Term of this Agreement, maintain each gateway sign in good condition and repair. 6. To the maximum extent permitted by law, the Village shall indemnify and hold the District, it officers, commissioners, officials and employees harmless from any and all actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to tangible physical property, to the extent arising out of or resulting from the negligence of Village's respective employees or other authorized agents in connection with this agreement. However, Village shall not indemnify the District against actions, costs, expenses, damages and liabilities to the extent attributable to the acts or omissions of the District. If the parties are both at fault hereunder, then the obligation of the Village to indemnify shall be proportional to its relative fault. 7. The District reserves the right to revoke its permission for the Village to maintain a gateway sign on any park land(s) for which such right has been granted hereunder, in the event that the District determines that such revocation is needed in order for the District to meet its needs or to fulfill any of its purposes; this right of revocation shall, in order to be exercised by the District, require the District to provide not less than one hundred eighty (180) days' advance written notice of such intent to terminate to the Village at its principal offices. 8. The Term of this Agreement shall be for twenty-five (25) years, commencing the date hereof, provided, however, the Village shall have the right to extend the Term of this Agreement for not more than an additional 25 years upon its giving written notice of such desire to extend the Term to the Village not earlier than 180 days prior to the expiration of the original Term and not later than 90 days prior to the expiration of the original Term and further provided that the Village is not in material default of this Agreement at the time of its giving such notice. Village shall remove all gateway signs from the various park lands of the District upon the expiration of the Term or the Extended Term, if applicable, and shall restore each site to its condition on the date hereof. IN WITNESS WHEREOF, the Village and the District have executed these presents by and through their duly authorized officers as of the date first above set forth. 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