HomeMy WebLinkAboutOrd 3388 12/20/1983ORDINANCE NO. 3388
AN ORDINANCE IMPLEMENTING AN INDEMNIFICATION 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 20th DAY OF DECE.MBER, 1983
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois~ the
22nd day of December, 1983
ORDINANCE NO. 3388
AN ORDINANCE IMPLEMENTING ANINDEMNIFICATION AGREEMENT
WITH THE COUNTY OF COOK IN LIEU OF INSURANCE AND
SURETY BOND REQUIREMENTS
WHEREAS, it may periodically become necessary for the
Village of Mount Prospect to perform construction and/or
maintenance and repair work to Village property lying in or
upon rights-of-way of the County of Cook within the
corporate limits of the Village of Mount Prospect; and
WHEREAS, general County policy with regard to the issuance
of permits for disturbance of County rights-of-way requires
that insurance protecting the County of Cook from any and
all claims that may arise during the course of or in
cQnsequence 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 such work
project; and
WHEREAS, the general policy of the County of Cook requires
that such insurance and surety bond as aforesaid be provided
before a permit for work in or upon County right-of-way will
be issued; and
WHEREAS, the County of Cook will waive surety bond requirements
in favor of the Village of Mount Prospect, and further, will
accept from the Village of Mount Prospect in lieu of such
insurance a hold harmless agreement.
NOW, THEREFORE, BE ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY,
ILLINOIS:
SECTION ONE: That for and in consideration of waiver by the
County of Cook of the insurance and surety bond requirements
as aforesaid for projects which may be undertaken by the
Village of Mount Prospect, involving a disturbance of any
right-of-way of the County of Cook within the corporate
limits of the Village of Mount Prospect, the Village does
hereby agree that it shall indemnify, keep and save harmless
the County, its agents, officials and employees, against all
injuries, deaths, loss, damages, claims, patent claims, suits
liabilities, judgments, costs and expenses, which may in any
wise accrue against the County in consequence of the granting
of this agreement or which may in any wise result therefrom,
whether or not it shall be alleged or determined that the act
was caused through negligence Or omission of the Village of
Mount Prospect or its employees, or a sub-contractor or his
employees, if any, and the Village of ~ount Prospect shall, at
its own expense, appear, defend and pay all charges of
attorneys and costs and other expenses arising therefrom or
incurred in connection therewith, and, if any judgment shall
be rendered against the County in any such action, the Village
of Mount Prospect shall, at its own expense, satisfy and
discharge the same. The Village of Mount Prospect expressly
understands and agrees that any performance bond or insurance
protection required by this agreement, or otherwise provided
by the Village of Mount Prospect, shall in no way limit the
responsibility to indemnify, keep and save harmless and defend
he County as herein provided.
SECTION TWO: No 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 or 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.
SECTION TWO: The Clerk of the Village of Mount Prospect is
hereby authorized and directed to forward to the County of
Cook, Department of Highways, Permit Division, a certified
copy of this Ordinance upon its passage and approval.
SECTION THREE: This Ordinance shall be in full force and
effect upon its passage, approval and publication in
pamphlet form in the manner provided by law. All Ordinances
or parts of Ordinances in conflict with the terms and
provisions hereof are hereby abolished.
AYES: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS: None
ABSENT: None
PASSED and APPROVED this 20th day of December , 1983.
Village President
ATTEST:
Village Clerk
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