IGA Oakbrook Terrace & VOB -Consturction & Maintenance of Salt Creek Greenway Trail 01-10-2006 INTERGOVERNMENTAL AGREEMENT BETWEEN
THE CITY OF OAKBROOK TERRACE AND THE VILLAGE OF OAK BROOK
FOR ACCESS TO A PORTION OF A CERTAIN ROADWAY UNDER THE
JURISDICTION OF THE CITY OF OAKBROOK TERRACE FOR THE
CONSTRUCTION AND MAINTENANCE OF THE SALT CREEK GREENWAY TRAIL
THIS AGREEMENT made and entered into this day of 12006,by and
between the City of Oakbrook Terrace, DuPage County, Illinois, a home rule municipality (the
"City"), and the Village of Oak Brook, DuPage and Cook Counties, an Illinois municipality (the
"Village"),
WHEREAS,Article VII, §10 of the Illinois Constitution of 1970 and the Intergovernmental
Cooperation Act of the State of Illinois(5 ILCS 220/1,et seq.)authorize units of local government to
contract or otherwise associate among themselves to exercise, combine or transfer any power or
function, in any manner not prohibited by law; and to contract with any one or more other public
agencies to perform any governmental service, activity or undertaking, or to combine, transfer or
exercise any powers,functions,privileges or authority which any of the public agencies entering into
the contract is authorized by law to perform; and
WHEREAS, the City is a home rule unit of local government under Article VII, §6 of the
Illinois Constitution of 1970 and,except as limited by such Section,it may exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS,providing for the construction of the Salt Creek Greenway Trail (the "Trail")
within a portion of a roadway under the jurisdiction of the City is a function pertaining to the City's
government and affairs; and
WHEREAS, the Village is a municipality in the State of Illinois, and has entered into A
Revised Intergovernmental Agreement Providing for the Establishment of the Salt Creek Greenway
Trail and the Performance of Certain Engineering Services, and Supplements thereto (the "Salt
Creek Agreement"), as it was authorized by law to enter such Agreement; and
WHEREAS,pursuant to the Salt Creek Agreement,the Village,together with other agencies
and through various grants will fund the construction and maintenance of part of the Trail which is
the subj ect of such Agreement, and a part of the Trail to be funded by the Village and other agencies
and various grants lies within a portion of certain roadway under the jurisdiction of the City,
described as Illinois Route 38 (Roosevelt Road) south frontage road, from its connection to Spring
Road,easterly to the west Village limit of Oak Brook,including the bridge structure over Salt Creek,
and depicted on the diagram attached hereto and made a part hereof as Exhibit"A(the"Roadway")
and
WHEREAS, the City and the Village have agreed that the City should incur no costs,
liability or maintenance responsibility for the part of the Trail located within such portion of the I
Roadway, and that the Village, together with other agencies and through various grants, should
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undertake to fund all construction and maintenance of the Trail and indemnify the City from any
liability for such construction or maintenance of the Trail within such portion of the Roadway,
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
agreements as hereinafter set forth, the City and the Village agree as follows:
1. Incorporation of Preambles. The preambles to this Intergovernmental Agreement
are incorporated and made a part hereof as though fully set forth herein.
2. Access To A Portion Of The Roadway Granted. The City hereby grants to the
Village a right of access over a portion of the Roadway, as depicted on the diagram attached hereto
and made a part hereof as Exhibit "A", for purposes of constructing and maintaining a part of the
Trail. The Village shall provide the City with notice of its intent to access such portion of the
Roadway as authorized herein not less than five(5)business days prior to any such use, and the City
shall have the right to review and approve any plans for improvements within such portion of the
Roadway,which approval will not be unreasonably withheld.
3. Village's Obligations. In consideration of the grant of easement provided for in
Section 1 of this Intergovernmental Agreement, the Village agrees as follows:
A. It is understood that construction of the Trail shall be pursuant to contracts with the
Illinois Department of Transportation("IDOT"), funded by the Village,together with other
agencies and through grants, and that the contracts for such construction will comply with
the usual and normal requirements for]DOT contracts. Under no circumstances shall the
City have any obligation for any such costs.
B. The Village shall pay in full for the cost of all maintenance of the Trail within such
portion of the Roadway, and shall assure that any contract for such maintenance shall include
a requirement for a performance bond; waiver of all liens; and general liability insurance,
which shall name the City as an additional insured. Under no circumstances shall the City
have any obligation for such costs.
C. The Village shall maintain general liability insurance for the Trail within such portion
of the Roadway for so long as the Trail remains in place.
D. The Village shall protect, defend, indemnify and hold harmless the City from and
against any and all claims, actions,damages,liability and expenses,including attorneys' fees,
in con section with or occasioned by any act or omission arising from or out of any
construction, maintenance or use of the Trail within such portion of the Roadway or the
improvements thereon; provided, however, that the Village shall not be liable for any loss,
damage or injury of any kind to any person or property which: (1) arises primarily from the
use of such portion of the Roadway by the City or the public for purposes other than use of
the Trail; or (ii) arises from or is caused by any act or omission of the City or any of its
officers, employees, agents, or contractors. If the City shall remain a party to any litigation
for which the Village is obligated to indemnify the City, then the Village shall protect and
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hold the City harmless and pay all costs,expenses and reasonable attorneys=fees incurred or
paid by the City in connection with the defense of such litigation.
4. Miscellaneous. The following additional provisions shall govern this
Intergovernmental Agreement.
A. This Agreement shall be effective upon execution by both parties hereto.
B. The invalidity of any portion of this Agreement shall not impair the validity of any
other provision. If any provision of this Agreement is determined by a court of competent
jurisdiction to be unenforceable, that provision shall be deemed severable, and the
Agreement may be enforced with that provision severed or modified by the Court.
C. The provisions of this Intergovernmental Agreement may be modified only in
writing, executed by both the City and the Village, and approved by ordinance or resolution
by the City Council of the City and the Board of Trustees of the Village,respectively.
D. Any and all notices required hereunder shall be in writing and shall be sent to the
respective parties by U.S. Mail,personal delivery or confirmed facsimile as follows:
To the City: City of Oakbrook Terrace
Attention: City Administrator
17W275 Butterfield Road
Oakbrook Terrace, IL 60181
Facsimile: 630-941-7254
To the Village: Village of Oak Brook
Attention: Village Manager
1200 Oak Brook Road
Oak Brook, Illinois 60523
Facsimile: 630-990-0876
All mailed notices shall be deemed effective four(4) days following their deposit in
the United States mail, postage prepaid, to the addressee.
E. This Intergovernmental Agreement, including all matters incorporated herein,
contains the entire agreement between the parties, and no other covenants, warranties,
representations, promises, conditions or understandings between the parties, either oral or
written, shall be deemed effective as to the parties hereto.
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IN WITNESS WHEREOF,the parties have hereunto set their hands and seals the day and
year first above written.
CITY OF OAKBROOK TERRACE VILLAGE OF OAK BROOK
By: By:
Thomas S. Mazaika,Mayor / Kevin Quinlan, Village President
Attest: Attest:
Elaine K. DeLuca, Clerk Linda K. Gormella, CM
Village Clerk
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AGENDA ITEM
Regular Board of Trustees Meeting
of
January 10, 2006
SUBJECT: Intergovernmental Agreement
FROM: Richard B. Boehm,Village Manager fie' /
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve an Intergovernmental Agreement
Between the City of Oakbrook Terrace and the Village of Oak Brook for Access to a
Portion of a Certain Roadway under the Jurisdiction of the City of Oakbrook Terrace for
the Construction and Maintenance of the Salt Creek Greenway Trail"
Background/History:
The Village of Oak Brook has been working with other government agencies to construct/link a
pathway system that will effectively link Busse Woods on the north to Brookfield Zoo. As the
path system crosses Roosevelt Road into Oak Brook there is a short stretch that will be built
within the corporate limits of the City of Oakbrook Terrace. As the Village of Oak Brook has
been desirous of completing this path we have sought an Intergovernmental Agreement with
Oakbrook Terrace that will allow the path to be constructed in their City limits at no cost to
them.
Recommendation:
The agreement is recommended to be approved.
Last saved by DocumenO
Last printed 1/6/2006 2:19 PM
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SHIPPED JAN 12 2006
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�'Y� January 12, 2006
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Village of
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ak BTook
1200 Oak Brook Road Mr. Martin Bourke, City Administrator
Oak Brook,IL,60523-2255 City of Oakbrook Terrace
website ! 17W275 Butterfield Road
www.oah-brook.org Oakbrook Terrace, IL 60181
Administration i
630.990.3000 RE: Intergovernmental Agreement—Salt Creek Greenway Trail
FAX 630.990.0876
;9
Community
Development I
630.990.3045 Dear Marty:
FAX 630.990.3985
gj
Engineering Enclosed please find two (2) original copies of the Intergovernmental
Department Agreement between the City of Oakbrook Terrace and the Village of Oak Brook
630.990.3010 for the access to a portion of a certain roadway under the jurisdiction of the City
FAX 630.990.3985
of Oakbrook Terrace for the construction and maintenance of the Salt Creek
Fire Department Greenway Trail.
630.990.3040
FAX 630.990.2392
� The Village Board approved this intergovernmental agreement at their January
Police department
10� 2006 board meeting. Both original copies of the agreement have been
�
630.990.2358 $ signed by Village President Quinlan. Please review this document, sign, date
FAX 630.990.7484 ; the front of the originals and return one copy of the originals back to us,
attention Donna Bettin. Keep one copy of the originals for your records.
Public works
Department
630.990.3044 If you have any questions,please do not hesitate to call me at 630-990-5730.
FAX 630.472.0223
1 Sincerely,
Oak Brook
Public Library f C
600 Oak Brook Road
Oak Brook,IL 60523-2200 Richard B. Boehm
630.990.2222 ! Village Manager
FAX 630.990.4509
Oak Brook Sports Core i 3
,Bath&Tennis Club
Encl.
700 Oak Brook Road j
Oak Brook,IL 60523-4600 's
630.990.3020 1
FAX 630.990.1002
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';°lf Club RBB/db
2606 York Road sl
Oak Brook.IL 60523-4602 ;
630990.3032 1
FAX 630.990.0245