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R-86-09STATE OF ILLINOIS ) COUNTIES OF LAKE AND. ..COOK ) 'SS VILLAGE OF DEERFIELD ) The undersigned hereby certifies that she is the duly appointed Village.Clerk of the Village of Deerfield, Lake and Cook Counties, Illinois and that the.attached is a true and accurate copy of Resolution No. R -86 -09 entitled "Resolution Providing for Hold Harmless Agreement" passed by the President and Board of Trustees of the said Village at a regular meeting thereof held on June 16, 1986 , and:now in full force and effect, all as appears in the records and files of the office of the Village Clerk. Dated this June 17, 1986 RESOLUTION NO. R -86 -09 RESOLUTION PROVIDING FOR HOLD HARMLESS AGREEMENT WHEREAS, the Village of Deerfield, an Illinois Municipal Corporation, hereinafter referred to.as the Village, wishes to have the Illinois Department of Transportation, hereinafter referred to as the State, construct a storm sewer on Illinois Route 43 approximately between.North Avenue and Chapel Court in said Village; and WHEREAS, the State for consideration of its improvement to Illinois Route 43 as above described, desires that the Village hold the State harmless from any damages which may occur by virtue of construction of said storm sewer, NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Deerfield, Lake and Cook Counties, Illinois, as follows: SECTION Upon completion of the highway improvement, the ONE: Village will maintain the existing and proposed storm sewer and appurtenances constructed on State right - of -way on Illinois Route 43 between North Avenue and Chapel Court. SECTION The State will be responsible for the preparation of TWO: the plans and specifications and for the cost of constructing the storm sewer. The Vill.age will have the right to approve the plans and specifications prior to the letting of the contract by the State. SECTION The Village agrees to assume all risk of loss and to THREE: indemnify and hold the State of Illinois, Department of Transportation, its officers, agents and employees harmless from and against any and all liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments, including costs, attorneys' and witnesses' fees, and expenses incident thereto, for injuries to persons (including death) and for loss of, damage to, or destruction of property (including property of the State) that is immediately adjacent to Illinois Route 43 between North Avenue and Chapel Court and the intersections or to downstream property owners arising as a result of damages caused by the construction of said storm sewer: In the event any demand or claim is made or action is commenced against the State, the State shall give prompt written notice thereof to the Village and the Village shall have the right to compromise or defend the same to the extent of its own interest. RESOLUTION NO. R -86 -09 SECTION That the acceptance of this resolution by the State FOUR: and the terms contained herein shall constitute an agreement between the Village and the State for construction of said sewer work. The acceptance of this resolution will not be construed to mean that additional agreements or resolutions would not be required as part of the improvement. SECTION That the Village Clerk is hereby directed to transmit a FIVE: certified copy of this resolution to the Illinois Department of Transportation, Division of Highways, District One> 1000 Plaza Drive, Schaumburg, Illinois 60196, Attention: Ralph C. Wehner, District Engineer. SECTION That- .th.i.s....resolution shall be in full force and effect SIX: from and after its passage and approval as provided by law. AYES: Marty, Rosenthal, Seidman, Swanson (4) NAYS: None (0) ABSENT: Marovitz, York (2) PASSED this 16th day of June A.D. , 1986. APPROVED this 16th day of June A.D., 1986. VILLAGE PRESIDENT ATTEST: VILLAGE CL8RK Min ois Department of Transportation Division of Highways /District 1 1000 Plaza Drive /Schaumburg ;-Illinois /60196 - - -- 1186r BUREAU OF DESIGN Letter of Understanding Village of Deerfield /State of Illinois Illinois Route 43 Improvement State Section: Lake County The Honorable Bernard Forrest Mayor Village of Deerfield 850 Waukegan Road Deerfield, Illinois 60015 Dear Mayor Forrest: The State is desirous of improving approximately 400 lineal feet of Illinois Route 43 (also known as Waukegan Road) from North Avenue to Chapel Court in the Village of Deerfield, Lake County, Illinois [F.A.U. Route 2706, Illinois Route 43, State Section: BY- T(86)] by making the following improvements: A. Illinois Route 43 - from North Avenue to Chapel Court: Installation of a storm sewer (parallel to and on the east side of Illinois Route 43) to provide access to a more efficient outfall to accomodate the existing storm sewer system, all incidental work, and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications. In order that the State and Village may benefit by this proposed . improvement, we are requesting concurrence with the following: 1. The State will make all surveys, prepare plans and specifications, receive bids and award the contract, furnish engineering inspection during construction and cause the improvement to be built in accordance with the plans, specifications'and cont,,act. The State will pay for all-.' .surveys, construction and engineering costs. 2. Upon final field inspection of the improvement: The State will maintain along Illinois Route 43 within the limits of the improvement, the median, the through traffic lanes, the left -turn and /or right turn lanes and the curb and gutter or shoulders and ditches adjacent to the traffic lanes. The State will be responsible for maintenance of lane line and median line markings. The Village will maintain along Illinois Route 43 within the limits of the improvement (within the Village limits) those portions of the improvement not maintained by the State, including sidewalks, manholes, catch basins, parkways, storm sewers, utilities and appurtenances. 3629S '. _ -- - - --- 3. The State will cause... -private. utilities to be 'relocated at M no _ expense to the State or Village. Where a-municipal utility has .been installed (1) on.right -of -way acquired by the Illinois Department of Transportation or (2) within defined limits of a route the Illinois. Department of Transportation has accepted for maintenance responsibilities, subsequent to the date of such acceptance the municipality will bear all utility relocation or adjustment costs made necessary by the construction of this improvement. .4. The Village agrees to permit the State the right to connect the proposed storm sewer to the Village's,existing 24 inch storm sewer and includes the State's imperturbable right to drain the Village's 24 storm sewer. 5. The Village has adopted and put into effect concurrently herewith a resolution known as "Hold Harmless Resolution" (att.ached as Exhibit A) and previously has adopted ordinances to effect the following: a. Parking will be prohibited within that portion of the improvement falling within the Village limits of the improvement. ( Muncipial Code Section 22 -64 and 22 -165 attached as Exhibit B.) b. Storm sewer, sanitary sewer and industrial waste water connections into any drainage facility constructed as part of the improvement will be prohibited. (Municipal Code Section 16 -6 attached as Exhibit C.) C. Encroachments will be prohibited.. (Municipal Code Section 19 -8 attached.as Exhibit D.) Plan approva.1 in-letter form will be forthcoming from the Village following review of plans and specifications. . This Letter of Understanding shall become null.and void inthe event the contract covering the construction is not awarded by July 1, 1989. Approval of this Letter of Understanding shall.be considered as concurrence with and acceptance of the terms contained herein and shall be binding upon and inure to the benefit of the parties _.hereto,, their, successors and assigns. Village of Deerfield B _ Y .( Mayor Date: f4 r- 1 19�b Very truly yours, Ralph C. Wehner District Engineer Date: 19 PLAN APPROVAL WHEREAS, in order to facilitate the improvement of Illinois Route 43, State Section BY- T(86), the Village of Deerfield hereby approves the plans and specifications for the proposed construction. APPROVED , 19 .