HomeMy WebLinkAbout5. NEW BUSINESS 6/21/05
.
Mount ProsJX.-'Ct
Mount Prospect Public Works Department
INTEROFFICE MEMORANDUM
FROM: DEPUTY DIRECTOR OF PUBLIC WORKS
TO: VILLAGE MANAGER MICHAEL E. JANONIS
DATE: JUNE 13, 2005
SUBJECT: lOOT HIGHWAY MAINTENANCE AGREEMENT
The Illinois Department of Transportation (lOOT) has expressed a desire to renew a 10-year
intergovernmental agreement for the maintenance of specified state highways located within
Mount Prospect boundaries. This new agreement would become effective on July 1, 2005 and
terminate after an initial 12-month period. Thereafter, the agreement would be extended by
mutual agreement in 12-month increments culminating on June 30,2015. (See attached letter.)
The highways covered under this agreement are Northwest Highway from Waterman Ave. to
Mount Prospect Rd., Route 83 (Main St.) between Kensington Rd. and Golf Rd., and Central
Rd. between Ranq Rd. and Arthur Ave.
Per the terms of the agreement, roadway maintenance activities such as street sweeping,
pothole patching, temporary patches, crack sealing, joint sealing, litter pickup, and snow/ice
control will be performed by Village forces and reimbursed by lOOT.
Last year, lOOT paid us $66,292 to perform this work. For lOOT fiscal year 2005/2006, the
amount will be increased to $70,109. For your reference, attached is a summary denoting the
contract amounts we've received from lOOT over the last ten (10) years.
This agreement has been in effect for over 25 years and has proven beneficial to both parties.
Therefore, I recommend the Village Board approve a resolution authorizing the Mayor to sign
the new 10-year highway maintenance agreement. ~
SEAN P. DORSEY
Itd
attach.
X:\Administration\IDOT\Maintenance Agreement 7-1-05 thru 6-30-15.doc
~
Illinois Department of ltansportation
Division of Highways/Region One I DIstrict One
201 West Center Court/Schaumburg. Illinois 60196-1096
May 17,2005
Mr. Glen Andler
Superintendent of Public Works
Village of Mount Prospect
1700 West Central Road
Mount Prospect, IL 60056
CORRECTED LETTER
Dear Mr. Andler:
The State of Illinois, acting through its Department of Transportation, wishes to
enter into a new 10-year Intergovernmental Agreement for the Maintenance of
Municipal Streets with your municipality. The new agreement would become
effective on July 1, 2005 for an initial 12-month period. Thereafter, the
agreement would be extended by mutual agreement between this department and
your agency in 12-month increments through June 30, 2015.
A new computation sheet(s) for FY2006 is attached. The adjustment factor used
to determine the rates of compensation shown on the Computation Sheet has
been increased to 4.29 to reflect FY2004's 6.28% increase in the Construction
Cost Index as documented by the January 3/1 0, 2005 edition of "Engineering
News Record."
Enclosed for your signature are three (3) copies of the Agreement for
Maintenance of Municipal Streets for the period of July 1, 2005 to June 30,
2015.
Please have the proper signatures, the Clerk's Certification and the Municipal
Seal affixed to all copies of the agreement and return the partially executed
agreements to our office for final processing. The Department will send you a
completed agreement upon its execution by our Central Office in Springfield.
Please forward the agreement to:
Kevin Lyons
Bureau of Maintenance, District One
Illinois Department of Transportation
201 West Center Court
Schaumburg, Illinois 60196-1096
Mr. Andler
May 17,2005
Page 2
Please be advised that the Agreement should be executed and mailed to us as
soon as possible. If you have any questions, please contact Mr. Kevin Lyons at
(847) 705-4195.
Very truly yours,
,Q~- ftJ. Or+.- ~L,
Diane M. O'Keefe, P .E.
Deputy Director of Highways,
Region One Engineer
IDOT MAINTENANCE CONTRACT HISTORY
Fiscal Year Lane Miles Contract Amount
1996/97 27.89 $54,764
1997/98 27.89 $55,790
1998/99 27.89 $55,759
1999/00 27.89 $58,744
2000/01 27.89 $60,057
2001/02 27.89 $61,697
2002/03 27.89 $62,846
2003/04 27.89 $64,815
2004/05 27.89 $66,292
2005/06 27.89 $70,109
X:\Administration\IDOT\MAINTENANCECONTRACTHISTORY.DOC
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE
VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DE:PARTMEr\)T OF="
TRANSPORTATION FOR ROADWAY MAINiE:NANCE
WHEREAS, the corporate authorities of the Village of Mount Prospect have accepted
maintenance responsibilities for specified State roadways within the corporate
boundaries of the Village; and
WHEREAS, pursuant to the requirements of the Illinois Department of Transportation,
an Agreement is authorized on a ten year term and renewed on an annual basis, which
Agreement specifies the responsibilities assumed by the Village of Mount Prospect,
a copy of said Agreement is attached hereto and hereby made a part hereof as
Exhibit "An; and
WHEREAS, the corporate authorities of the Village of Mount Prospect have determined
that the best interest of the Village to enter into an Agreement with the Illinois
Department of Transportation for roadway maintenance with the Village to be
reimbursed by the State for said roadway maintenance in the amount of $70,109.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COONTY, ILLINOIS:
SECTION ONE: That the Board of Trustees of the Village of Mount Prospect do
hereby authorize and direct the Village President to execute and the Village Clerk to
attest the signature on the Agreement between the Illinois Department of Transportation
and the Village of Mount Prospect for roadway maintenance, a copy of which is
attached hereto and hereby made a part thereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this
day of
,2005.
Irvana K. Wilks, Mayor
Kimberly A. Dewis, Deputy Village Clerk
C:\Oocuments and Settings\kdewis\Local Settings\Temporary Internet Files\OLK2\Authorize lOOT agreement June 2005.doc
@ IIrmois Department
of lransportation
Intergovernmental Agreement
Governmental Body Name
Village of Mount Prospect
Address
1700 West Central Road
City, State, Zip
Mount Prospect, IL 60056
Remittance Address (if different from above)
City, State, Zip
Telephone Number I Fax Number I FEINfTlN
300005870-40
Brief Description of Service (full description specified in Part 5)
Local Agency Maintenance of State Highways
Compensation Method (full details
specified in Part 6)
Tr~lVel Expense
DYes
18I No
Agreement Term
From: July 1, 2005
Total Compensation Amount
$70,109.00
Travel Amount
$0.00
To:
June 30,2015
REQUIRED SIGNATURES
By signing below, GOVERNMENTAL BODY and DEPARTMENT agree to comply with and abide by all provisions set forth in
Parts 1-6 herein and any Appendices thereto.
FOR THE GOVERNMENTAL BODY:
Signature of Authorized Representative
Type or Print Name of Authorized Representative
Date
FOR THE DEPARTMENT:
Diane M. O'Keefe, P.E., Deputy Director of Highways, Region
One Engineer
Chief Counsel (Approved as to form)
Victor A. Modeer, Director, Division of Highways
Robert J. Millette, Director of Finance & Administration
Timothy W. Martin, Secretary of Transportation
Date
Intergovernmental Agreement
(Rev. OS/2004)
Agreement No: DOT06-DOH-07
Illinois Department of lransportation
INTERGOVERNMENTAL AGREEMENT
FOR
MUNICIPAL MAINTENANCE OF STATE HIGHWAYS
This Agreement is by and between
Please type or print legibly GOVERNMENTAL BODY'S legal name and address
Village of Mount Prospect
1700 West Central Road
Mount Prospect, IL 60056
hereinafter called the GOVERNMENTAL BODY, and the State of Illinois, acting by and through its
Department of Transportation, hereinafter called the DEPARTMENT.
......M'^""...."+.... ......."
Part 1
Part 2
Part 3
Part 4
Part 5
Part 6
Scope/Compensation/Term
General Provisions
Specific Provisions
Scope of Services/Responsibilities
Compensation for Services
Computation Sheet - Municipal Maintenance
....
.....+.......
.".,.......,.
PART 1
SCOPE I COMPENSATION I TERM
A. Scope of Services and Responsibilities. The DEPARTMENT and the GOVERNMENTAL BODY
agree to operate and maintain the streets covered by this agreement in the best interests of
the people of the State of Illinois.
B. Compensation. Compensation (if any) shall be as specified in Part 5.
C. Term of Agreement. The term of this Agreement shall be from July 1, 2005 to
June 30, 2015.
D. Amendments. All changes to this Agreement must be mutually agreed upon by DEPARTMENT
and GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties.
E. Renewal. This Agreement may be renewed upon written agreement by the parties.
Intergovernmental Agreement
(Rev. OS/2004)
2
Agreement No: DOT06-DOH-07
PART 2
GENERAL PROVISIONS
A. Changes. If any circumstance or condition in this Agreement changes, GOVERNMENTAL BODY
must notify the DEPARTMENT in writing within seven days.
B. Compliance/Governing Law. The terms of this Agreement shall be construed in accordance
with the laws of the State of Illinois. Any obligations and services performed under this
Agreement shall be performed in compliance with all applicable state and federal laws.
C. Non-Appropriation. This Agreement is subject to termination and cancellation in any year for
which the General Assembly or the United States Congress fails to make an appropriation to
make payments under the terms of the Agreement.
D. Records Inspection. The DEPARTMENT or a designated representative shall have access to
GOVERNMENTAL BODY'S work and applicable records whenever it is in preparation or progress,
and the GOVERNMENTAL BODY shall provide for such access and inspection.
E. Records Preservation. The GOVERNMENTAL BODY, shall maintain for a minimum of three
years after the completion of the Agreement, adequate books, records and supporting
documents to verify the amounts, recipients and uses of all disbursements of funds passing in
conjunction with the Agreement.
F. Subcontracting/Selection Procedures/Employment of Department Personnel.
Subcontracting, assignment or transfer of all or part of the interests of the GOVERNMENTAL
BODY concerning any of the obligations covered by this Agreement is prohibited without prior
written consent of the DEPARTMENT.
Competitive selection procedures shall be used for products or services having a total
value of more than $10,000. In the absence of formal codified procedures of the
GOVERNMENTAL BODY, the procedures of the DEPARTMENT will be used. The
procurement through solicitation of a proposal from only one source is allowed only if the
products or services are available only from a single source; the DEPARTMENT
authorizes such a procedure; or, after solicitation of a number of sources, competition is
determined inadequate. The GOVERNMENTAL BODY shall include a requirement in all
contracts with third parties that the contractor or consultant will comply with the
requirements of this Agreement in perfDrming such contract, and that the contract is
subject to the terms and conditions of this Agreement.
GOVERNMENTAL BODY will not employ any person or persons currently employed by the
DEPARTMENT for any work required by the terms of this Agreement.
PART 3
SPECIFIC PROVISIONS
A. Invoices. The amount shown on each invoice shall be in accordance with the rates
established in Part 6 Compensation for Services. All non-labor costs, if allowable, shall be
listed and itemized.
Any invoices/bills issued by the GOVERNMENTAL BODY to the DEPARTMENT pursuant to this
Agreement shall be sent to the following address:
Illinois Department of Transportation
Matt Mara
210 East Noyes Street
Arlington Heights, IL 60005
Intergovernmental Agreement
(Rev. OS/2004)
3
Agreement No: DOT06-DOH-07
, .
All invoices shall be signed by an authorized representative of the GOVERNMENTAL BODY.
B. Billing and Payment. All invoices for services performed and expenses incurred by
GOVERNMENTAL BODY prior to July 1st of each year must be presented to the DEPARTMENT no
later than Julv 31 of that same year for payment under this Agreement. Notwithstanding any
other provision of this Agreement, the DEPARTMENT shall not be obligated to make payment to
GOVERNMENTAL BODY on invoices presented after said date. Failure by GOVERNMENTAL BODY
to present such invoices prior to said date may require GOVERNMENTAL BODY to seek payment
of such invoices through the Illinois Court of Claims and the Illinois General Assembly. No .
payments will be made for services performed prior to the effective date of this Agreement.
The DEPARTMENT will send all payments to the GOVERNMENTAL BODY'S remittance address
listed in this Agreement.
C. Termination. If the DEPARTMENT is dissatisfied with the GOVERNMENTAL BODY'S performance
or believes that there has been a substantial decrease in the GOVERNMENTAL BODY'S
performance, the DEPARTMENT may give written notice that remedial action shall be taken by
the GOVERNMENTAL BODY within seven (7) calendar days. If such action is not taken within the
time afforded, the DEPARTMENT may terminate the Agreement by giving seven (7) days written
notice to the GOVERNMENTAL BODY. Additionally, the Department may terminate the
Agreement by giving thirty (30) days written notice. In either instance, the GOVERNMENTAL
BODY shall be paid for the value of all authorized and acceptable work performed prior to the
date of termination, based upon the payment terms set forth in the Agreement.
D. Location of Service. Service to be performed by the GOVERNMENTAL BODY shall be
performed as d.escribed in Part 5.
E. Ownership of DocumentslTitle to Work.
[Not applicable to this Agreement.]
F. Software.
[Not applicable to this Agreement.]
G. Confidentiality Clause.
[Not applicable to this Agreement.]
H. Reporting/Consultation. The GOVERNMENTAL BODY shall notify and consult with the
DEPARTMENT as described in Part 5.
I. Travel Expenses. No expenses for travel, lodging, or per diem shall be paid by the .
DEPARTMENT pursuant to this Agreement.
J. Indemnification. Unless prohibited by State law, the GOVERNMENTAL BODY agrees to hold
harmless and indemnify the DEPARTMENT, and its officials, employees, and agents, from any
and all losses, expenses, damages (including loss of use), suits, demands and claims, and
shall defend any suit or action, whether at law or in equity, based on any alleged injury or
damage of any type arising from the actions or inactions of the GOVERNMENTAL BODY and/or
the GOVERNMENTAL BODY employees, officials, agents, contractors and subcontractors, and
shall pay all damages, judgments, costs, expenses, and fees, including attorney's fees,
incurred by the DEPARTMENT and its officials, employees and agents in connection therewith.
K. Equal Employment Opportunities, Affirmative Action, Sexual Harassment. The
GOVERNMENTAL BODY will comply with the Illinois Human Rights Act with respect to public
contracts, including equal employment opportunity, refraining from unlawful discrimination and
having a written sexual harassment policy.
Intergovernmental Agreement
(Rev. OS/2004 )
4
Agreement No: DOT06-DOH-07
,- ~
PART 4
SCOPE OF SERVICE/RESPONSIBILITIES
The GOVERNMENTAL BODYagrees to operate and maintain specific portions of the State
Highway system including, but not limited to, all routine surface and pothole repairs, temporary
full-depth patches, expansion bump removal on bituminous surfaces, crack and joint sealing,
cleaning and litter pickup, snow and ice control and all other routine operational services.
Median maintenance, when applicable, shall consist of sweeping, litter pickup, mowing and
routine surface repairs.
In addition, the GOVERNMENTAL BODY agrees to permit no cuts or openings in the curbs or
pavements of the streets covered by this agreement without prior written approval of the
DEPARTMENT. The GOVERNMENTAL BODY will take all necessary measures (including legal
action) to require utility owners or permit holders to restore, repair, adjust and maintain any
and all pavement cuts, curb openings, utility frames and municipal frames and grates or
covers disturbed by settlement, construction or repair under permit. Said restoration, repairs,
adjustments and maintenance will be performed by the utility owner or permit owner at no
expense to the DEPARTMENT in a manner that meets the DEPARTMENT'S regulations and
standards.
The GOVERNMENTAL BODY agrees that, except in extreme emergencies, it will not undertake or
authorize repairs not covered by this agreement, at the expense of the DEPARTMENT, without
securing prior written approval of the DEPARTMENT.
PART 5
COMPENSATION FOR SERVICES
A. Cost. The DEPARTMENT shall calculate eligible compensation for services in accordance
with the Bureau of Operations Maintenance Policy Manual, Section 11 - Municipal
Maintenance of State Highways.
The DEPARTMENT will pay the GOVERNMENTAL BODY in quarterly installments, on or about
September 30, December 31, March 31 and June 30 of each fiscal year(July 1st through
June 30th), subject to an inspection for satisfactory maintenance and operation of covered
streets by the DEPARTMENT.
B. Billing. The GOVERNMENTAL BODY shall submit to the DEPARTMENT an Invoice Voucher in
the amount of one-quarter of the annual payment, according to the calculations of lane
miles in Part 6, Computation Sheet - Municipal Maintenance. The Invoice Voucher shall be
sent to the following address:
Illinois Department of Transportation
Matt Mara
210 East Noyes Street
Arlington Heights, IL 60005
C. Escalation. Subject to availability of funds, the DEPARTMENT will adjust the rate of
compensation annually (beginning July 1) for the second and subsequent 12-month period
to reflect changes in miles maintained and costs. The cost adjustment factor used to
determine the rates of compensation will be the percent change of the Construction Cost
Index published in the Engineering News Record for the preceding calendar year.
Intergovernmental Agreement
(Rev. OS/2004)
5
Agreement No: DOT06-DOH-07
INTEROFFICE MEMORANDV1VI
Village of Mount Prospect
I\lount Prospect, Illinois
TO: MAYOR IRVANAKWILKS AND BOARD OF TRUSTEES
FROM:
VILLAGE MANAGER
.\~.:..v
DATE: JUNE 17,2005
SUBJECT: LICENSE AGREEMENT WITH MT. PROSPECT PARK DISTRICT
During the street construction of We-Go Trail last year, it was discovered that portions
of a fence and Golf Cart Path encroached on Village right-of-way. This encroachment,
which is minor in nature, has apparently existed for many years unbeknownst to either
the Village or Park District.
The purpose of the License Agreement is to legally recognize and permit the continued
existence of same under certain conditions, including holding the Village harmless from
claims that may arise from the existence of the path and fence.
Staff recommends execution of the License Agreement.
MEJ/rcc
Q
,-:~,
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PRtJSPECr)ff.lt5rRE7IijT~'PROS"PE(j'fpjrkk.
DISTRICT LICENSING THE USE OF THEPUBLlC~RI(;Ht-bF-WAY AtWE~GO
TRAIL AND SHABONEE TRAIL FOR A FENCE AND GOLF CART PATH.
WHEREAS, the Mt. Prospect Park District (the "District") owns, operates and controls
an eighteen hole golf course in the Village of Mount Prospect (the "Golf Course"); and
WHEREAS, the District maintains a golf cart trail and fence near the ninth hole green of
that Golf Course, which golf cart trail and fence extend onto portions of the Village's
rights-of-way on We-Go Trail and Shabonee Trail; and
WHEREAS, it had been determined by the Mayor and Board of Trustees of the Village
of Mount Prospect that it is in the best interests of the Village to enter into an agreement
with the District, licensin'g the District's use of that certain public right-of-way for the
purpose of the District's continued operation of the Golf Course.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF
TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINoIS:
SECTION ONE:
That the Mayor is hereby authorized to sign and the Deputy Village
Clerk directed to attest her signature on an agreement for Public Right-Of-Way License
for Fence and Golf Cart Path, attached hereto and incorporated herein, as Exhibit "A."
SECTION TWO: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
AYES:
NAYS:
ABSENT:
Passed and approved this _day of June, 2005.
lrilaha K. Wilks, Village President
ATTEST:
Kimberly Dewis, Deputy Village Clerk
I:IMYDOCIRESOLUTION Public Right of Way License Agreement. doc
2
THIS DOCUMENT WAS
PREPARED BY:
Klein, Thorpe and Jenkins, Ltd.
20 North Wacker Drive, Suite 1660
Chicago, IL 60606
George A. Wagner, Esq.
(DM #2881-5)
RECORDER BOX 324
AFTER RECORDING
RETURN TO:
PUBLIC RIGHT.OF.WAYlICENSE
FOR
FENCE AND GOLF CART PATH
This License Agreement for Use of Village Right-of-Way is made and entered
into as of this _ day of
200_, by and between the VILLAGE
OF MT. PROSPECT, AN ILLINOIS MUNICIPAL CORPORATION ('Village") and the
MT. PROSPECT PARK DISTRICT (District), an Illinois park district and unit of local
government. The Village and the District are hereinafter sometimes referred to
individually as a "Party" and together as the "Parties",
RECITALS
WHE~EAS, the District owns, operates and controls an eighteen hole golf
course (the "Golf Course"), as legally described on Exhibit A, attached hereto and
incorporated herein, the ninth hole green of which is situated in the area of We-Go Trail
and Shabonee Trail in the Village of Mt. Prospect, Illinois, as shown on the attached
Exhibit B; and
iManage 1437504
WHEREAS, the District maintains a golf cart trail and a fence near the ninth hole
green aforesaid which improvements extend onto the public right-of-way; and
\WHEREAS, the Village is willing to license the District's use of those area~ of..
the Village's Right-of-Way in which said golf cart trail and fence are currently located,
subject to and in accordance with the terms, provisions, and conditions of this
Agreement, the Right-of-Way being depicted as the striped area on Exhibit Band
generally described as follows:
A piece of land within the sixty-six foot (66') public right-of-way of We-Go
Trail and Shabonee Trail described as follows:
Commencing at the Southwest Corner of Shabonee Trail boundary line
("POB"); thence North 120 feet along the West boundary line of We-Go
and Shabonee Trails; thence East 28 feet from said point on the West
boundary line of We-Go and Shabonee Trails; thence South 99 feet and
parallel to the West boundary line of We-Go and Shabonee Trails; thence
East 32 feet and parallel to the South boundary line of Shabonee Trail;
thence South 21 feet and parallel to the West boundary line of Shabonee
Trail; thence West 60 feet to the POB.
(the "Village's Right-of-Way"); and
NOW, THEREFORE, in consideration of the premises and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by the Parties hereto, it is agreed by and between the Village and the District as follows:
1. INCORPORATION OF PREAMBLES. The above and foregoing recitals
are hereby incorporated the same as if set forth herein in full.
2. GRANT OF LICENSE. Subject to the terms and conditions of this
Agreement, the Village hereby grants a non-exclusive license to the District to maintain
a fence and golf cart trail where presently located on the Village's Right-of-Way for the
benefit of the District, its patrons, guests and invitees using the Golf Course, said fence
and golf cart trail being located on the Village's Right-of-Way, as described above and
depicted on Exhibit B.
iManage 1437504
2
3. TERM. Unless earlier terminated in accordance with this Agreement, the
term of this Agreement is fifty (50) years. The Village reserves the right to terminate this
Agreement and the license granted hereunder for any reason in its sole and absolute
discretion upon notless than .0ne-hLlndred eighty (180) days advance written notice to
the District.
4. MAINTENANCE OF RIGHT-OF WAY. The District's use of the Village's Right-of-
Way shall be subject to the following maintenance requirement ("District maintenance"):
a. The District shall not change the location of the existing fence or golf
cart trail without the prior written consent of the Village, which consent may be
withheld at the Village's sole discretion.
b. The District shall keep the fence and golf cart trail in good repair, care
for and maintain the lawn and trees within the Village's Right-of-Way, and pickup
litter on the Village's Right-of-Way.
c. The District shall maintain and repair the Village's Right-of-Way in order
to provide a clean, safe and lighted right of way.
d. Trees and shrubbery, located on the Village's Right-of-Way, shall not be
removed without the express written consent of the Village, which consent may
be withheld at the Village's sole discretion.
5. INDEMNIFICATION. The District hereby indemnifies and holds harmless
the Village, its officials, employees, agents and representatives (the "lndemnitees") from
and against any and all injuries, claims, losses, damages, liabilities or causes of action,
including reasonable attorneys fees and court costs, paid or incurred by any of the
Indemnitees and arising from or related to injury or death of any person, or injury to or
destruction of any property, real or personal, including the property of the Village,
caused by the District or its patrons', guests' or invitees' use of the Village's
Right-of-Way, of any type whatsoever, to the extent caused by or involving said golf cart
iManage 1437504
3
trail or fence, District maintenance, or by the District, its patrons, guests or invitees,
except to the extent such injuries, claims, losses, damages, or liabilities are caused by
any negligent or willful act or omission of any of the Indemnitees: The indemnification
contained in this Paragraph 4 shall survive termination of this Agreement.
6. INSURANCE: District shall procure and maintain in full force and effect
throughout the term of this Agreement general public liability insurance and property
damage insurance against claims for personal injury, death or property damage in any
way related to District's use of the Right-of-Way under this License Agreement in the
amount of $1,000,000.00 (one million dollars). The Village shall be named as an
additional insured on said insurance policy and shall receive certificates of such
insurance from time to time upon written request to evidence that such insurance is in
force.
7. DUE AUTHORITY. The District represents and warrants to the Village
that it has the power and authority to execute this Agreement and when so executed
this Agreement shall be a legal, valid and binding obligation of the District and shall not
constitute a breach of any contract, obligation or agreement to which the District is a
party or by which it is bound.
8. NOTICE. Notice as required in this License Agreement shall be given via
U.S. mail as follows:
If to District: Mount Prospect Park District
1000 West Central Road
Mount Prospect, Illinois
Attn: President
()" -847-255-5380 phone
If to Village: Village of Mount Prospect
Attn: Michael Janonis
Village Manager
50 South Emerson Street
Mount Prospect, Illinois 60056
iManage 1437504 4
(847) 818-392-6000 - phone
with a copy to:
Klein, Thorpe and Jenkins, Ltd.
Attention: Everette M. Hill, Jr.
20 North Wacker Drive
Suite 1660
Chicago, Illinois 60606-2903
(312) 984-6468 - phone
(312) 984-6444 - fax
Either party may change its address for notice purposes by giving notice to that'
effect in the manner set forth herein, provided such change of address shall not be
deemed received until actual receipt thereof by the addressee. Either party hereto may
change the name(s) and address(es) of the designee to whom notice shall be sent by
giving written notice of such change to the other party hereto in the same manner as all
other notices are required to be delivered hereunder.
9. BREACH: In addition to any other provision in this License Agreement,
Village and District shall have all remedies, at law or in equity, in order to enforce the
terms of this License Agreement.
10. MISCELLANEOUS.
a. This Agreement contains the entire contract between the Parties
with respect to the subject matter contained herein and cannot be modified
except by a written instrument subsequently executed by the District and the
Village.
b. This Agreement does not convey to, or create in favor of, the
District, any legal or equitable title or property interest, in whole or in part, to or in
the Village's Right-of-Way, it being acknowledged that this Agreement is not a
lease and merely grants permission to the District, its patrons, guests, and
invitees who use the Golf Course to use those parts of the Village's Right-of-Way
licensed hereunder, on the terms and conditions herein contained.
c.
This Agreement is not assignable.
5
iManage 1437504
i....~.... "0'''' ce',;;':' :"..,,': ".";.,,,,: .\
: ;i:',:~>;,:+;<,:,;.;;:~,,"
'''}x;,:si!2L:i{~;J::;k~~;':
d. The District acknowledges and agrees that the Village may perform
any public services on the Right-of-Way and the District hereby releases the
Village from any and all damage or liability that may result from such public
service, including, but not limited to, damage to any or all of the fence or golf cart
path.
~,11. RECORDATION: This License Agreement shall be recorded against the Golf-
Course at District's cost and expense.
IN WITNESS WHEREOF, the District and the Village have executed this license
Agreement by and through their respective duly authorized officers effectivedthe day and
year first above written.
VILLAGE:
DISTRICT:
By: By:
Name: Irvana K. ~ril ks 'Vi 11 iige Prl?s i dent Name:
Title:
MOUNT PROSPECT PARK DISTRICT,
AN ILLINOIS PARK DISTRICT
:'71~ (/' , ~~
James A. Graves
VILLAGE OF MOUNT PROSPECT,
AN ILLINOIS MUNICIPAL CORPORATION
President, Board of Park Commissioners
By:
Name:Kimbprly Dewis~ Deputy Village
Clerk
ATTES~~ ~
By: j- -Su4
Name: 'rimothy J. Doherty
Secretary, Board of Park Commissioners
ATTEST:
[Place Village Seal Here]
iManage 1437504
6
"
STATE OF ILLINOIS )
) 55.
COUNTY OF COOK 1
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that Irvr:~a K. Wilks" andKimberlj' Dew; s are personally knov,rn to me to be the
VILLAGE PRESIDENT AND*VILLAGE CLERK" r~spe~tively,?f,the"VILLA(3~9E,MQV,t-lTPgQ~PECTJ
AN ILLINOIS MUNICIPAL CORPORATION (the "Village") and also known to me to qe thesame persons
whose names are subscribed to the foregoing instrument and as such Village President and Village Clerk,
, appeared before me this day in person and severally acknowledged that as such Village President and
-- * Village Clerk,-they-signed -and-delivered the said instrument pursuant to the- authority given by the Village's
Board of Trustees, and as their free and voluntary act, and as the free and voluntary act and deed of the
Village, for the uses and purposes therein set forth, and that*Village Clerk, as custodian of the corporate
seal of the Village, has caused the seal to be affixed thereto, *Depu ty
GIVEN UNDER my hand and Notarial Seal this
day of
,200_.
Notary Public
STATE OF ILLINOIS )
) 55.
COUNTY OF COOK 1
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that ~ames A. Graves and Timothy J'. Doherty , are personally known to me to
be the PRESIDENT, BOARD OF PARK COMMISSIONERS and SECRETARY,BOARD OF PARK
COMMISSIONERS, respectively, of the MOUNT PROSPECT PARK DISTRICT, AN ILLINOIS PARK
DISTRICT (" District") and also known to me to be the same persons whose names are subscribed to the
foregoing instrument and as such President and Secretary of the Board of Park Commissioners, appeared
before me this day in person and severally acknowledged that as such District President and Secretary
they signed and delivered the said instrument pursuant to the authority given by the Board of Park
Commissioners, and as their free and voluntary act, and as the free and voluntary act and deed of the
Board of Park Commissioners, for the uses and purposes therein set forth.
GIVEN UNDER my hand and Notarial Seal this ,;? 6.i'- day of ~anuary
,Y'~.9 . 1/"'1 "-7'
Notary Public
G~~~C:~~:::~~~~~l
NOTARY PUBLIC, STATE OF ILUNOIS ~
MY COMMIS_S.I~;N_ E!-Pl~~~12.??..?~~? ~
~~.................
iManage 1437504
,2005 ,
7
EXHIBIT A
Legal Description of Golf Course
Parcel 1 :
Lot 18 (except the North 669 feet of the East 155.?J~e.tthcereof) of North West
Hills Country Club Subdivision being a subdivision of the North East quarter of
the North West quarter of the South West quarter thence South half of the North
West quarter of the South West quarter and the North 1 0 acres of the South
West quarter of the South West quarter and the East half of the South West
quarter all in Section 11, Township 41 North, Range 11, East of the Third
Principal Meridian,
ALSO
Parcel 2:
The North 200 feet of the East 155.5 feet and the South 66 feet of the North 519
feet of the South 155.5 feet of Lot 18 aforesaid,
ALSO
Parcel 3:
Block 23 and vacated half street West of and adjoining said Block 23 in Prospect
Park Country Club Subdivision being a subdivision of the South East quarter of
Section 11, and the South 15 acres of the East half of the North East quarter of
said Section 11, Township 41 North, Range 11, East of the Third Principal
Meridian,
ALSO
Parcel 4:
Lots 18 and 19 both inclusive in Block 24 in Prospect Park Country Club
Subdivision being a subdivision of the South East quarter of Section 11 and the
South 15 acres of the East half of the North East quarter of Section 11, Township
41 North, Range 11, East of the Third Principal Meridian, all in Cook County,
IlIinois.**
8
.
EXHIBIT B
Drawing and Legal DescHption of
[SEE ATTACHED}
iManage 1437504
9
,.,/z-GCJ TRAIL IMPRCJV~M~NTS
L!:DI!:ND
DECIDUOUS TREE
.
.
'5!1l1,..
<;,; ""
'V<.jt'\
SPRUCE: T~!:E
BRUSH
~ENCE:
~
West boundary of Right of Way Line
9TH HOLE
GREEN
+-
66 foot
Right-at-Way
l1' ;;.~J
~Il ~~. .' .,
I" ;, I
I .~y. .J. :
I LEGAL DESCRIPTION OF .
~\ VILLAGE'S RIGHT OF WAY .. I ',:.
::' !;'>'i.;"~ A piece of land within the sixty-six foot (66') public right-of-way of :it' - '.
. . :tM';'~~'~ We-Go Trail and Shabonee Trail described as follows: . &
".,.,t,.."
~T.rg4~ Commencing allhe Southwest Corner of Shabonee Trail boundary"
~ I line ("POB"); thence North 120 feet along the West boundary line of
:; :1 We-Go and Shabonee Trails; thence East 28 feet from said point on
~ : the West boundary line of We-Go and Shabonee Trails; thence
in I South 99 feet and parallel to the West boundary line of We-Go and
l!l : Shabonee Trails; thence East 32 feet and parallel to the South
~ ! boundary line of Shabonee Trail; thence South 21 feet and parallel to
~ I the West boundary line of Shabonee Trail; thence West 60 feet to the
x ; POB,
w I ':[~n"
: \~;~'t,:f
!;~M-t- 's!',.:~(-.;L?';:'" , .. .
r- Ea" bounda", 01 R;ght 01 Way Un..:."J'..... '. '. "
: '. ... . .! .~~Z~t.. , ' .:f}~~;:,I:O\,.. '~A:\,~. ';';':.,':.;:/:(.'
L.._.._.._.._.._,.3::l:{'-:lr"~.N()ftii bouncfclry orRight of Way Line 1
j .'-"-"-"~."-"-"-"-"-,,-,,
..~ ..-. ~ :~'. .
., '! . ..... .t... .."
i!..~~; .....
~
o
I
.....
...c:
0)
Q:
C'll
'-
~
o
C>
I
Q)
3:
..'
99'
~ t,-,.:,'
~~
.....
o
.E
CD
CD
Shabonee Trail
.,',.
'.
J
~;~.. .
.;~.: ~
'1,]i
I~;;:.-:.r '.." .
00. /' "l"~''''''''
~ ~ . ''''', '!'~'F,.
I <i. H,'
ho,"'" .',.
· 60'
. (<.: NEW SIDEWALl<: CONSTRUCTED
. ',. BY PARI<: DISTRICT ' 1>"':.'. ~ ,
It';?"'" ...:" . ". "~"-:"";7"-~-:---
South boundary of Right of Way Line.' '
:j../
.....~.~._', J.~,~,'",