R-23-13VILLAGE OF DEERFIELD
RESOLUTION NO. R-23-13
A RESOLUTION APPROVING A LICENSE AGREEMENT WITH
THE VILLAGE OF BANNOCKBURN
(Wilmot Road Right -of -Way)
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage
intergovernmental cooperation; and
WHEREAS, the Village of Bannockburn (`Bannockburn') is the record title owner
of the Wilmot Road right-of-way immediately north of North Avenue (`Right-of-Way'j; and
WHEREAS, the Village desires to install a license plate recognition camera
("Camera') on Right -of -Way pursuant to a license agreement with Bannockburn
("Agreement's; and
WHEREAS, Bannockburn desires to allow the Village to install the Camera on the
Right -of -Way pursuant to the Agreement; and
WHEREAS, the Village Board has determined that entering into the Agreement
with Bannockburn will serve and be in the best interest of the Village;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF
DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows:
SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and
made a part of, this Resolution as findings of the Village Board.
SECTION TWO: APPROVAL OF AGREEMENT. The Agreement by and
between the Village and Bannockburn is hereby approved in substantially the form
attached to this Resolution as Exhibit A, and in a final form to be approved by the Village
Manager and the Village Attorney.
SECTION THREE: EXECUTION OF AGREEMENT. The Mayor and the Village
Clerk are hereby authorized and directed to execute and attest, on behalf of the Village, the
Agreement.
SECTION FOUR: EFFECTIVE DATE. This Resolution will be in full force and
effect upon its passage and approval by a majority of the members of the Village Board.
[SIGNATURE PAGE FOLLOWS]
(00131301.1)
AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden
NAYS: None
ABSTAIN: None
ABSENT: None
PASSED: March 20, 2023
APPROVED: March 20, 2023
RESOLUTION NO. R-23-13
Daniel C. Shapiro, Mayor
ATTEST-
Kent-S. S eet, Village derk
{00131301.1}
AGREEMENT
{00131301.1}
License Agreement And Declaration Regarding Right -of -Way Use
This LICENSE AGREEMENT AND DECLARATION ("Declaration') for the installation of Flock camera equipment as depicted In Exhibit A hereto
("F,sclllfy+') in public right-of-way is made by and between the Village of Bannockburn ("Village' and the Village of Deerfield rUcenseef). The Village
and licensee agrees follows;
1. Llcense-Granted. Subject to the terms of this Declaration, Village hereby grants to Licensee a license to install the Facilities and to perform
Maintenance (as hereinafter defined) on the east side of the Wilmot Road rght-of-way immedlabcy north of North Avenue as depicted In Exhlbit B
hereto ("Public Spacel. This license shall be terminable at the will of Village upon not less than 90 days' written notice to Licensee.
2. Foytles. Licensee shall be permitted to Install and maintain the Facilities within the Public Space. All construction, Installation, operation,
maintenance, repair, replacement, removal, or other work in connection with the Facilities ("A/alntenance") shall Interfere as little as possible with the
use and enjoyment of the Public Space and avoid any hazardous conditions relating to the Public Space or surrounding areas. Village may prescribe
from time-to-tims specific maintenance standards regarding the Facilities (`Standards"), which Standards shall be the basis for Licensee's effective
performance of Maintenance under this Declaration upon notification to Licensee of such Standards,
3. No Liens or Claims. The Licensee shall not permit any liens to stand against the Public Space or any other Village property for work or
materials furnished In connection with Maintenance or this Declaration. Licensee further agrees -to defend, indemnify and hold Village and Village
Parties (as hereinafter defined) harmless from any and all claims, actions, Ilabilities, andlor judgments (Including attmneys' fees) of any type or nature
whatsoever arising from or related to this Declaration, the Public Space, or the Facilities ("Claims"), to waive and release any and all Gains Licensee
may have against the Village Parties, and to maintain insurance with coverages and limits acceptable to Village Manager.
A. Village's Rights. Nothing in this Declaration shall limit Village's right to use the Public Space. If Village's use of the Public Spans destroys,
injures, Impalm, or otherWse Interferes with licensee's rights under this Declaration, Licensee shall have no remedy or recourse against Village or any
of Village's officers, officials, employees, agents, attorneys, or representatives ("V111age Parties").
5. Restoration upon Termination. In the event that Village elects to terminate this Declaration as herein provided, Licensee shall, without cost
to Village, remove the Facilities and restore the Public Space with grass using good quality sod.
6. Remedies. In addition io any and all other remedies it may have, Village may enforce this Declaration; the fallure of Vllege to enforce this
Declaration or any particular provision hereof at any given time shall In no event be deemed a walver of the right to do so thereafter. Enforcement may
include Village undertaking Maintenance in the event that Licensee does not perform Maintenance In accordance with the Standards, In which lose
Licensee shall be required to reimburse Village for Its reasonable costs Incurred in connection with such Maintenance, such reimbursement shall be
paid to Village within 30 days after Licensee Is notified in writing of the costs for Village's performance of Maintenance. In case of any enforcement
action, Village shall be entitled to recover from Licensee all casts of enforcement, including but not limited to administrative expenses and legal fees
pursuant to an adjudication of a court of competent judadlolon that Licensee has breached the Declaration. In case of any enforcement action by
Licensee, Licensee shall not be entitled to recover from Village or any Village Parties any monetary judgments.
7. Term. Unless sooner terminated in accordance with the provisions hereof, this Declaration shall run for a term of twenty (2D) years from the
latest date that this Declaration is executed by any party.
[Signature page to follow.]
(00033278 3)
STATE OF ILLINOIS )
) SS.
COUNTY OF LAKE )
IN WITNESS WHEREOF, the parties have caused this instrument to be executed,
ad nowledged, and attested.
LICENSEE: VILLAGE OF DEERFIELD
By: ' 1
Print Name
Its: Maw
Signature
Subscribed and sworn to before me this �''I�ay of M art 20
OFFICIAL SEAL
DANIEL VAN DUSEN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES: 11102/2025
My commission expires - li
VILLAGE OF BANNOCKBURN, an tllinols municipality
TKYrTMEN
Village Manager
ATTEST:
I
Subscribed and sworn to before me this day of JVArr� ,
20
OFACMWI&
RYAN MENTKOWSKI
NOT
MY STATE OF ILLINOIS..
MY COMMISSION EV RE8 06MOMi
Notary Public
My commission expires . tSyzt
{00033278 3)
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70
Mot
Ilk
Deerfield Police epartment
Date: March 20, 2023
To: Kent Street, Village Manager
From: John J. Sliozis: Chief of Police
Subject: License Agreement with The Village of Bannockburn
(Wilmot Road Right -of -Way)
On Monday, March 20, 2023, at the regularly scheduled meeting of the Mayor and Board of
Trustees, the Police Department will be seeking Board Approval of a Resolution of a License
Agreement with the Village of Bannockburn for Wilmot Road Right -of -Way for placement of a
FLOCK Automated License Plate Reader (LPR).
BACKGROUND
The Police Department obtained Board approval on November 21, 2022 to execute a contract
with FLOCK Group, Inc. for the use of Automated License Plate Readers (ALPR) within the
Village of Deerfield. To obtain the most effective coverage for the Village it was determined
placing one of the ALPR's on Wilmot Road north of North Avenue (within Bannockburn
Corporate limits) facing south would provide the best coverage.
The Department was in discussion with the Village of Bannockburn Police Department who
brought the License Agreement to the Village of Bannockburn Board on March 14, 2023. On
March 14, 2023 the Village of Bannockburn approved the agreement being presented.
The agreement has been reviewed by Village Counsel.
RECOMMENDATION
It is the recommendation of the Police Department that the Mayor and Board of Trustees approve
the Resolution and authorizing the License Agreement with the Village of Bannockburn (Wilmot
Road Right -of -Way).
&Z J aAtp;
John J. Sliozis
Chief of Police