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HomeMy WebLinkAboutOrd 3768 04/08/1987ORDINANCE NO. 3768 AN ORDINANCE IMPLEMENTING AN IDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES THE 8th DAY OF April , 1987. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 9th day of April , 1987. ORDINANCE NO. 3768 ORDINANCE IMPLEMENTING AN INDEMNIFICATION AGREEMENT WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND SURETY BOND REQUIREMENTS WHEREAS~ the ~k~.D_~__M_9~.g~_..~D~f~_ needs to perform construction, maintenance~ repair~ or activities including~ but not limited to, parades~ direction of or stoppage of traffic to~ or on~ ~.!!!.~ of .Mo~oZ~__~ospe_c.~ property lying i n~ or upon, Rights of Way of the County of Cook within the corporate limits of 'the ~_a_g~_~_~.p_u.!)d~__F'ro.sp~c.~ and WHEREAS~ the County of Cook with regard to the issuance of permits for disturbance of County Right of Way requires that insurance protecting the County of Cook from any and all claims that may arise during the course of or in consequence of such work be secured, and further, that a surety bond be posted to guarantee restoration of the County Right of Way following completion of any construction, maintenance, repair or activity; and WHEREAS~ the County of Cook will waive surety bond and insurance requirements in .Favor of the and~ will accept from the ~!~.~e ~__~_~_O~£~__s~ect in lieu of such insurance~ a Hold Harmless Agreement. NOW THEREFORE BE IT ORDAINED By the ~i}~_~_~_~_~_~[OZ~._,~_~ ; That for and in consideration of waiver by the County of Cook of the insurance and surety bond requirements as foresaid for projects or activities which may be undertaken by the '.~.~.~..~_.~_~[p~__~__P.~_~ involving a disturbance of any right of way of the County of Cook within the corporate limits of the !~_~.)~..~__g~. ~.O~_.~p_~ that we do hereby agree that; or assigns~ shall indemnify and save harmless the County of Cook, its officers~ agents,employees and servants against all loss, damage or expense that it or they may sustain as a result of any suit~ actions or claims of any character brought on account of property damage, injury to or death of any person, or persons including persons performing any work °r activity under a permit issued by the Cook County Highway Department which may arise in connection with the work or activities to be performed under all permits arising in any manner from the negligence or wrongful acts or failure to act by the ~.~_~_~_ Mount Pros~}_ and its employees in the performance of the work or activity; and The ~_g~_ of ~nt ?__r,~ shall~ at its own expense, appear~ defend and pay all charges of attorneys, costs and other expenses arising therefrom or incurred in connection therew~th~ and, if any judgement shall be rendered against the County in any such action~ the ~ount Prospect shall~ at its own expense~ satisfy and the Villaqe ~__~b~._~.5~ shall discharge the same. The Villacle__.o_f__~_o_unt._F?_~o.~_~_e_c.t_~ shall also indemnify and save harmless the County of Cook from any claims against or liabilities incurred by the ~.~...~_~_~a~_e._.o.~._!~_o_~.~.Ot Pr_o_s.~p~2_c~. of any type or nature~ to any person, firm or corporation arising from the ?..i_lla_q~e____o~f Mg~u~n_o_t__~_'r__o._sD_~e.c_~'s wrongful or negligent performance of the work or activity. 2 o amendment or repealer of this ordinance shall become effective until thirty (30) days next following written notice to the County of Cook of such proposed modification repealer. Said notice shall be served upon the County of Cook at the office of the Superintendent of Highways, 118 North Clark Street, Chicago, Illinois 60602. The clerk of the ~.~!lag~ ~ M@~pt P~Q~_~.~ is hereby authorized and directed to forward to the County of Cook, Department of Highways, Permit Division~ m certified copy of this ordinance upon its paseage and approval. This ordinance shall be in full force and effect upon its passage, approval and publication as required by law. All ordinances or parts of ordinancee in conflict with the terms and provisions hereof are hereby abolished. Nothing ~n this Ordinance negates the necessity of obtaining a permit~ where such permit ~s otherwise required. This Nold Harmless Agreement does not negate bond and insurance from private contractors doing work for the municipalities. ENACTED by the M--~-u.~.n-.t..-?-r~spec~.t-...V.~i-~-1a.D~.~-..~.a~?-d-.Q~f--T.~-~!~D~-~.D" th i s ..........8th ................ day ................................... of 6 AYES 0 ............................................. NAYS APPROVED by me this ........ ~.~. ................. day ......... of .A_l~r~_i .1_ 1 ~...._87__. 0 ABSENT Clerk, Village of Mount Prospect 3