R-1858 - 01/28/2020 - IGA AGREEMENT - Resolutions Supporting DocumentsForest Preserve District
of DuPage County
35580 Naperville Road
630.933.7200P.O. Box 5000
Fax 630.933.7204Wheaton, IL 60189
TTY 800.526.0857
dupageforest.org
March 3, 2020
Rick Valent
Public Works Superintendent
Village of Oak Brook
3003 Jorie Blvd.
Oak Brook, IL 60523
RE: Approved IGA And License With The Village of Oak Brook For Trail And
Entrance Improvements Within York Woods Forest Preserve
Dear Rick:
Enclosed please find the signed IGA and signed License Agreement for the proposed
trail and entrance improvements within York Woods Forest Preserve.
Also enclosed is the original Village of Oak Brook Resolution that was sent to me along
with the IGA that was signed by the Village of Oak Brook.
Please feel free to give me a call with any questions at 630-933-7235 or email me at
kstough(a)_dupageforest.org.
Sincerely,
t4KevinStough
Land Preservation Manager
Encl.
AN INTERGOVERNMENTAL AGREEMENT PROVIDING FOR THE
CONSTRUCTION OF PARKING LOT ENTRANCE AND TRAIL IMPROVEMENTS
WITHIN A PORTION OF YORK WOODS FOREST PRESERVE
THIS INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the
AGREEMENT") is made and entered into by and between the Forest Preserve District of
DuPage County, a body politic and corporate (hereinafter referred to as the "FOREST
PRESERVE DISTRICT") and the Village of Oak Brook, a municipal corporation (hereinafter
referred to as the "VILLAGE"). Each of the foregoing are hereinafter sometimes referred to as
an"AGENCY"or together as"AGENCIES".
WITNESSETH:
WHEREAS, the FOREST PRESERVE DISTRICT owns certain property commonly
known as the York Woods Forest Preserve (hereinafter"York Woods"); and
WHEREAS, the VILLAGE is responsible for the maintenance of Harger Road and the
existing trail within Harger Road and York Road rights-of-way; and
WHEREAS, the FOREST PRESERVE DISTRICT maintains an existing asphalt multi-
purpose trail within York Woods; and
WHEREAS, the FOREST PRESERVE DISTRICT and VILLAGE desire to work
cooperatively on the construction of the project generally referred to as the Harger Road
Intersection Improvement Project, which includes parking lot entrance improvements and trail
improvements within York Woods (the improvements within York Woods are hereinafter
referred to as the "PROJECT"); and;
WHEREAS, the VILLAGE is responsible for designing, permitting and constructing the
PROJECT; and
WHEREAS, the PROJECT will provide numerous public benefits, including (a) directly
serving the transportation and recreational needs of the region's residents; (b) linking those
individuals to hundreds of acres of public open space, existing trail systems, parks, businesses;
and (c) providing an alternative means of transportation for individuals commuting to work,
shopping, recreation and other destinations; and
WHEREAS, the VILLAGE has been designated as the lead AGENCY for the PROJECT
with responsibility for coordinating all aspects of the PROJECT and for construction oversight of
the PROJECT; and
WHEREAS, the FOREST PRESERVE DISTRICT and VILLAGE have determined that
it is reasonable, necessary and in the public interest and welfare to improve the entrance into and
the trail within York Woods, subject to the terms and conditions set forth herein; and
WHEREAS, under Section 6 of the Downstate Forest Preserve Act, 70 ILCS 805/6 (West
1994), the Forest Preserve District of DuPage County Board of Commissioners is authorized "to
1-IGA-York Woods Trail Improvements
grant licenses, easements and rights of way for the construction, operation and maintenances
upon, under or across any property of [the] FOREST PRESERVE DISTRICT of facilities for
water, sewage, telephone, telegraph, electric, gas or other public service, subject to such terms
and conditions as may be determined by[the] FOREST PRESERVE DISTRICT," and
WHEREAS, the AGENCIES are authorized to enter into this AGREEMENT pursuant to
the provisions of article VII, section 10, of the Illinois Constitution of 1970, which provides in
part that units of local government may contract or otherwise associate themselves to "obtain or
share services and to exercise, combine, or transfer any power or function, in any manner not
prohibited by law or by ordinance," and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et
seq; and,
NOW, THEREFORE, in consideration of the mutual promises, terms and conditions set
forth herein, and in the spirit of intergovernmental cooperation, the AGENCIES agree as
follows:
1.0 INCORPORATION OF RECITALS
1.1 The recitals set forth above are incorporated herein and made a part hereof as
representing the intent of the AGENCIES and as substantive terms and conditions. To
the extent that they may be interpreted as inconsistent with the main body of this
AGREEMENT, the main body shall control.
2.0 USE, OCCUPANCY AND IMPROVEMENT
2.1 The FOREST PRESERVE DISTRICT hereby authorizes the VILLAGE to construct the
PROJECT within the certain portion of York Woods as depicted in EXHIBIT "A"
attached hereto and incorporated herein.
3.0 LICENSE GRANTED
3.1 The FOREST PRESERVE DISTRICT hereby grants a license to the VILLAGE within
York Woods on the terms and conditions as provided for in the License Agreement
attached hereto and incorporated herein as EXHIBIT "B" (hereinafter referred to as the
LICENSE"), which includes all associated exhibits.
4.0 SCOPE OF WORK
4.1 The VILLAGE shall construct the entrance improvements and the multi-purpose
recreational trail (hereinafter the "TRAIL") at the locations generally depicted in
EXHIBIT "A". The recreational trail design shall conform to the FOREST PRESERVE
DISTRICT'S standards and specifications and latest AASHTO Guidelines for the
development of bicycle facilities. Implementation of the PROJECT shall be in
accordance with the plan drawings, revised dated December 27, 2019, prepared by
Civiltech Engineering, Inc. (hereinafter referred to as the "FINAL PLAN"). The FINAL
PLAN shall be deemed incorporated herein by reference but without attaching said
document hereto due to its size.
2-IGA-York Woods Trail Improvements
4.2 The VILLAGE shall act as the lead agency and be responsible for completing all
preliminary and design engineering, awarding of contract(s), permit fees and processing
of permit applications, utility coordination, construction engineering and construction for
the trail improvements and bear all costs associated with the design, permitting, and
construction of the multi-purpose trail.
4.3 Both the VILLAGE and the FOREST PRESERVE DISTRICT agree that the VILLAGE
shall manage the contract for the construction of the PROJECT. The VILLAGE agrees
to manage the PROJECT in the best interest of the public and to consult with, and keep
advised, officials of the FOREST PRESERVE DISTRICT regarding the progress of the
PROJECT and any problems encountered or changes recommended.
4.4 Upon completion of the PROJECT, the FOREST PRESERVE DISTRICT shall have the
right to conduct a final inspection with the VILLAGE prior to final acceptance.
Approval of the final inspection of the PROJECT by the FOREST PRESERVE
DISTRICT shall not be unreasonably withheld.
4.5 Prior to final acceptance by the FOREST PRESERVE DISTRICT, the VILLAGE shall
submit record drawings and as-built drawings of the PROJECT to the FOREST
PRESERVE DISTRICT.
4.6 Immediately following the construction and acceptance of the PROJECT, the FOREST
PRESERVE DISTRICT shall be responsible for all maintenance of and repairs to the
PROJECT and for all costs and expenses associated therewith, including vegetation
management, in perpetuity.
5.0 COOPERATION
5.1 If an AGENCY has reason to believe that a violation of this AGREEMENT has occurred
or is occurring, written notice thereof specifying in detail the violation and the facts
supporting the claim shall be served upon the AGENCY that allegedly committed or is
permitting such violation to occur.
5.2 The AGENCIES agree to act in good faith and to cooperate with each other to resolve
any disputes which may arise in the performance of this AGREEMENT.
5.3 In the event an AGENCY is required to institute any legal action or proceeding, whether
at law or in equity, to enforce any provision of this AGREEMENT, the prevailing
AGENCY in such action or proceeding (as determined by the court) shall be entitled to
recover all its costs and expenses, including but not limited to, reasonable expert witness
and attorney fees.
6.0 INDEMNIFICATION
6.1 Each AGENCY shall defend, hold harmless and indemnify the other AGENCY, its
elected officials, officers, employees and agents from and against all claims, liabilities,
causes of action, losses, judgments, settlements, damages and expenses (including, but
not limited to, reasonable expert witness and attorney fees) that may at any time arise or
3-IGA-York Woods Trail Improvements
be claimed by any person or entity as a result of bodily injury, sickness, death or property
damage, or as a result of any other claim or suit of any nature whatsoever, allegedly
arising out of, or in any manner connected with, directly or indirectly, the negligent or
intentional acts or omissions of the indemnifying AGENCY'S performance of its
obligations under this AGREEMENT. This provision is not intended to waive any
statutory or common law privileges or immunities as they relate to other persons or
entities. There are no third party beneficiaries of this Indemnity.
7.0 INSURANCE
7.1 In furtherance of the indemnification provisions set forth in Section 6 herein, each
AGENCY shall maintain insurance coverage or pooled coverage, in minimum amounts
and form acceptable in the reasonable judgement of the chief administrative officer of the
other AGENCY. Each AGENCY shall provide the other AGENCY with its insurance or
pooled coverage binders upon request.
8.0 NOTICES
8.1 All notices required to be given under the terms of this AGREEMENT shall be in writing
and served by certified or registered mail, return receipt requested, properly addressed
with the postage prepaid and deposited in the United States mail. Notices served upon
FOREST PRESERVE DISTRICT shall be directed to the Executive Director, Forest
Preserve District of DuPage County, P.O. BOX 5000, Wheaton, Illinois 60189-5000.
Notices served upon the VILLAGE shall be directed to the Village Manager, Village of
Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois 60523. Notices served by mail
shall be effective upon receipt as verified by the United States Postal Service. Any party
may designate a new location for service of notices by serving notice of the change in
accordance with the requirements of this paragraph.
9.0 SEVERABILITY
9.1 In the event any provision of this AGREEMENT is found to be invalid or unenforceable
by a court of competent jurisdiction, such determination shall not invalidate or render
unenforceable any other provision of this AGREEMENT, providing that the spirit and
intent of this AGREEMENT can be given effect.
10.0 ENTIRE AGREEMENT
10.1 The provisions set forth herein represent the entire agreement between the AGENCIES
and supersede any previous oral or written negotiations and agreements. No provision
may be modified in any respect unless such modification is in writing and signed by all
AGENCIES.
10.2 In event of a conflict between the terms or conditions of this AGREEMENT and any
term or condition found in any exhibit or attachment, the terms and conditions of this
AGREEMENT shall prevail.
4-IGA-York Woods Trail Improvements
11.0 MISCELLANEOUS TERMS
11.1 Each AGENCY shall approve this AGREEMENT pursuant to a duly passed ordinance or
resolution. This AGREEMENT shall be executed in multiple counterparts, and each copy
shall be deemed an original. After all the original signature pages have been received, the
FOREST PRESERVE DISTRICT shall provide the VILLAGE with a fully executed
copy of this AGREEMENT.
11.2 This AGREEMENT shall be governed by the laws of the State of Illinois as to both
interpretation and performance. The forum for resolving any disputes concerning the
AGENCIES' respective performance, or failure to perform, under this AGREEMENT,
shall be as provided for by the laws of the State of Illinois.
11.3 This AGREEMENT shall not be recorded as this AGREEMENT terminates upon the
completion of the PROJECT and final acceptance by the FOREST PRESERVE
DISTRICT of the improvements constructed by the VILLAGE. Final acceptance occurs
after all final completion punch-list items identified by the FOREST PRESERVE
DISTRICT have been addressed, project as-built plans have been delivered to the
FOREST PRESERVE DISTRICT and a written notice of acceptance has been provided
to the VILLAGE from the FOREST PRESERVE DISTRICT. Final acceptance by
FOREST PRESERVE DISTRICT shall not be unreasonably withheld.
11.4 This AGREEMENT may be amended or modified only by written instrument duly
approved and signed by all AGENCIES to the AGREEMENT.
11.5 No course of dealing or failure of any AGENCY to enforce strictly any term, right, or
condition of this AGREEMENT shall be construed as a waiver of such term, right, or
condition. No express waiver of any term, right, or condition of this AGREEMENT shall
operate as a waiver of any other term, right, or condition.
WITNES5-WHEREOF, the AGENCIES have entered into this AGREEMENT as of
the day of 20
FOREST PRESERVE DISTRICT OF VILLAGE OF OAK BROOK
DU PAGE COUNTY
B Y: h -r L
Daniel Hebreard, Pr-,sidont Gopal G. Lalmalani, Village President
lll
ATTEST:_ ATTES T..
Judith Malab , Secretary Charlotte Pruss, Clerk
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5-IGA-York Woods Trail Improvements
YORK WOODS
VILLAGE OF OAK BROOK TRAIL IMPROVEMENTS
TEMPORARY LICENSE AREA
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EXHIBIT "A"
Exhibit B
License Agreement
7
LICENSENO. X 370-008L
NOT TO BE RECORDED
A LICENSE AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF
DUPAGE COUNTY AND THE VILLAGE OF OAK BROOK PROVIDING FOR THE
CONSTRUCTION OF PARKING LOT ENTRANCE AND TRAIL IMPROVEMENTS
WITHIN A PORTION OF YORK WOODS FOREST PRESERVE
THIS LICENSE AGREEMENT(hereinafter the"Agreement")is made and entered into by
and between the Forest Preserve District of DuPage County,a body politic and corporate(hereinafter
the "FOREST PRESERVE DISTRICT"), and the Village of Oak Brook, a municipal corporation
hereinafter the "LICENSEE").
WITNESSETH:
WHEREAS,the FOREST PRESERVE DISTRICT owns certain property commonly known
as the York Woods Forest Preserve(hereinafter"York Woods"); and
WHEREAS, LICENSEE has requested permission to utilize a portion of York Woods,
consisting of an area approximately 0.44 acres (hereinafter referred to as the "License Area"), to
construct parking lot entrance improvements and asphalt trail improvements as part of LICENSEE'S
Harger Road/York Road roadway and trail improvements project; and
WHEREAS,the FOREST PRESERVE DISTRICT,pursuant to Section 6 of the Downstate
Forest Preserve District Act,70 ILCS 805/6,is empowered to grant licenses for public services;and
WHEREAS,the FOREST PRESERVE DISTRICT finds that it is reasonable,necessary and
desirable to grant LICENSEE a temporary license to construct trail improvements within the License
Area, strictly subject to the terms and conditions set forth herein; and
WHEREAS, this Agreement is authorized upon the approval of an Intergovernmental
Agreement by the FOREST PRESERVE DISTRICT and LICENSEE related to the trail; and
NOW,THEREFORE,in consideration of the promises,terms and conditions set forth herein,
the parties agree as follows:
1.0 INCORPORATION OF RECITALS
1.1 The recitals set forth above are incorporated herein and made a part hereof.
2.0 LICENSE GRANTED
2.1 The FOREST PRESERVE DISTRICT hereby grants LICENSEE a temporary license to
access the License Area depicted in Exhibit "A" for the purpose of construction of the
License Agreement-X-370-008L- 1
entrance and trail improvements.In consideration of the granting of this license,LICENSEE
will cause its contractor to construct the entrance and trail improvements for the public and
FOREST PRESERVE DISTRICT'S benefit according to the terms of this Agreement.
2.2 The license granted herein shall automatically terminate upon the completion of the work to
be performed by LICENSEE or its contractors within the License Area and the restoration of
the License Area and the acceptance of the trail construction and restoration work by the
FOREST PRESERVE DISTRICT.
2.3 The LICENSEE shall notify the FOREST PRESERVE DISTRICT'S designated project
representative(Kevin Stough,kstough@dupageforest.org)no less than five(5)business days
prior to the first access to the License Area. LICENSEE shall make any independent
contractor accessing the License Area aware of the terms and conditions of this Agreement.
Should the FOREST PRESERVE DISTRICT'S project representative determine that the
LICENSEE or any of its independent contractor's activities in the License Area are
inconsistent with,or in violation with the terms of this License,the LICENSEE will stop the
use of the License Area at the direction of the FOREST PRESERVE DISTRICT'S project
representative until the issue(s)associated with activities are fully resolved.This remedy is
non-exclusive and in addition to any other remedy set forth in this Agreement or otherwise
available in law or equity. The selection of any or all remedies shall be in the sole discretion
of the party pursing the remedy
2.4 The LICENSEE shall notify the FOREST PRESERVE DISTRICT'S designated project
representative(Kevin Stough,kstough@dupageforest.org)within two(2)business days after
the completion of the restoration work on the License Area.
3.0 LICENSE FEE
3.1 The VILLAGE shall pay the fees as provided for in this Agreement. The easement fees to be
paid by the VILLAGE to the FOREST PRESERVE DISTRICT for the granting of the
easement shall be based on a license fee and tree removal value fee in accordance with the
FOREST PRESERVE DISTRICT'S Easement and License Ordinance (No. 96-096). In
consideration that the entrance improvements and trail improvements will provide improved
public access to York Woods and will be constructed at no cost to the FOREST PRESERVE
DISTRICT,the license fee is hereby waived.The LICENSEE will be removing certain trees
within the License Area and planting new trees within the License Area. The difference in
the value of trees to be removed and the trees to be planted within the License Area has been
determined by the FOREST PRESERVE DISTRICT to be $2,967.00. The total fee is
2,967.00. The fee shall be paid to the FOREST PRESERVE DISTRICT prior to execution
of this Agreement by the FOREST PRESERVE DISTRICT.
4.0 PURPOSE OF LICENSE/SCOPE OF PROJECT
4.1 The license being requested by the LICENSEE within York Woods is for the construction of
entrance improvements and trail improvements within the License Area(the activities related
to the construction of the entrance improvements and trail improvements shall hereinafter be
referred to as the"PROJECT").
4.2 The LICENSEE shall design,permit and construct the trail to be located within the License
Area. Implementation of the PROJECT shall be in accordance with the plan drawings,
revision dated December 27, 2019, prepared by Civiltech Engineering, Inc. (hereinafter
License Agreement—X-370-008L-2
referred to as the "Final Plan"). The Final Plan shall be deemed incorporated herein by
reference but without attaching said document hereto due to its size.
4.3 The LICENSEE shall pay all fees and costs necessary to design, permit, construct and
implement the PROJECT and as provided for in this Agreement.
5.0 PERMITS AND APPROVALS
5.1. The LICENSEE shall complete the design of the PROJECT, including all plan sets,
drawings, specifications and cost estimates for the PROJECT. The FOREST PRESERVE
DISTRICT may review and issue comments to the LICENSEE regarding the Final Plans
within ten(10)business days of receipt thereof.The LICENSEE agrees to cooperate with the
FOREST PRESERVE DISTRICT regarding any significant proposed changes,alterations,or
modifications to the Final Plans including,but not limited to any field adjustments or change
orders, by providing reasonable advance notification and opportunity for review and
comment.
5.2 The LICENSEE shall obtain all necessary permits or other approvals required for the
construction of the PROJECT. The LICENSEE shall also comply with all applicable federal,
state and local laws, rules and regulations (including, but not limited to, those relating to
safety)whenever it performs any work on the License Area or exercises any rights conferred
under this Agreement.
5.3 The LICENSEE agrees to provide the FOREST PRESERVE DISTRICT with as-built record
drawings of the PROJECT within ninety(90)days following completion of the construction.
6.0 CONSTRUCTION
6.1 LICENSEE shall cause its contractors to construct the trail improvements in accordance with
the Final Plan.
6.2 The LICENSEE shall cause its contractors to confine all construction activity within the
License Area. All debris resulting from the construction within the License Area shall be
legally disposed of off of FOREST PRESERVE DISTRICT property. No construction
personnel shall be permitted outside the designated areas while engaged in construction
activities.
6.3 The FOREST PRESERVE DISTRICT shall not be responsible for or have control over the
construction means, methods, techniques or procedures with respect to the trail work
performed within the License Area. In no event shall the FOREST PRESERVE DISTRICT
be responsible for or have any obligation with respect to the safety of any person performing
work on the License Area,including,but not limited to,the employees of the LICENSEE or
of any contractor, subcontractor, agent or consultant.
6.4 The LICENSEE shall promptly pay all costs and expenses relating to the construction of the
trail on the License Area and shall not allow any liens on FOREST PRESERVE DISTRICT
property as a result of the work. The LICENSEE shall defend, indemnify and hold the
FOREST PRESERVE DISTRICT harmless from any and all liens, costs and expenses
arising from any work performed under this Agreement.
7.0 RESTORATION
7.1 Except as the parties may otherwise agree in writing,LICENSEE shall promptly repair any
damage to the License Area or other FOREST PRESERVE DISTRICT property resulting,
License Agreement—X-370-008L-3
directly or indirectly, from the use of the License Area. All repairs shall be subject to the
approval of the FOREST PRESERVE DISTRICT'S Executive Director. If LICENSEE fails
to properly restore the License Area or other FOREST PRESERVE DISTRICT property
within 30 days of service of the FOREST PRESERVE DISTRICT'S written demand for the
restoration work, the FOREST PRESERVE DISTRICT shall have the right to take such
action as it deems necessary to perform the restoration or corrective work, which shall
include the authority to(a)perform the work with its own personnel and/or; (b)engage the
services of an independent contractor to perform the work. LICENSEE shall reimburse the
FOREST PRESERVE DISTRICT for costs associated with said restoration or corrective
work within 30 days of service of the FOREST PRESERVE DISTRICT's written demand
for payment.
8.0 INSURANCE
8.1 The LICENSEE is a member of a risk management association and does not purchase
insurance on a case by case basis. LICENSEE shall maintain during this Agreement
insurance coverage which will satisfactorily insure LICENSEE, its contractors and, where
appropriate,the DISTRICT against claims and liabilities which may arise out of the use of
DISTRICT property. LICENSEE shall provide a Certificate of Insurance naming the
FOREST PRESERVE DISTRICT and any of its officers, trustees, agents or employees as
additionally insured on all coverages in this Agreement except Workers'Compensation and
Employer's Liability. The insurance coverages shall include the following:
A) Workers'compensation insurance with limits as required by the applicable workers'
compensation statutes. The employer's liability coverage under the workers'
compensation policy shall have limits of not less than$500,000 each accident/injury;
500,000 each employee/disease; $500,000 policy limit.
B) Commercial general liability insurance protecting LICENSEE against any and all
public liability claims which may arise in the course of using the License Area. The
limits of liability shall be not less than $1,000,000 each occurrence bodily
injury/property damage combined single limit and $2,000,000 aggregate bodily
injury/property damage combined single limit. The policy of commercial general
liability insurance shall include contractual liability coverage and an endorsement
naming the FOREST PRESERVE DISTRICT as an additional insured.
C) Commercial automobile liability insurance covering LICENSEE's owned, non-
owned and leased vehicles which protects LICENSEE against automobile liability
claims whether on or off the FOREST PRESERVE DISTRICT'S premises with
coverage limits of not less than $1,000,000 each accident bodily injury/property
damage combined single limit.
D) Umbrella or Excess liability insurance with limits of not less than$1,000,000 each
occurrence bodily injury/property damage combined single limit and $1,000,000
aggregate bodily injury/property damage combined single limit. The Umbrella or
Excess coverage shall apply in excess of the limits stated in subparagraphs(B) and
C)above,and shall either include an endorsement naming the FOREST PRESERVE
DISTRICT as an additional insured or provide"following form"coverage.
8.2. Before beginning construction of the parking lot entrance improvements and trail
improvements, LICENSEE's contractor(s), engaged to perform any work on the License
License Agreement-X-370-008L-4
Areas, shall obtain insurance as outlined in IDOT's Standard Specifications for Road and
Bridge Construction Adopted April 1, 2016, Section 107.27 Insurance (attached hereto as
Exhibit B). The DISTRICT shall be named as an additional insured in the Special Provisions
section for the parking lot entrance improvements and trail improvements.
8.3 LICENSEE shall furnish,upon the FOREST PRESERVE DISTRICT's request,copies of all
insurance policies and endorsements thereto evidencing the coverages required under
paragraph 8.0. The insurance certificates and policies shall provide that no cancellation or
modification of the policy or policies shall occur without at least 30 days'prior written notice
to the FOREST PRESERVE DISTRICT. LICENSEE and its contractors shall not enter upon
the License Area until the required insurance has been received and approved by the
FOREST PRESERVE DISTRICT.
9.0 INDEMNIFICATION
9.1 LICENSEE shall defend, hold harmless, and indemnify the FOREST PRESERVE
DISTRICT and all of its officers, agents, employees and elected officials from any loss,
damage, demand, liability, cause of action, fine,judgment or settlement, together with all
costs and expenses related thereto (including reasonable expert witness and attorney fees),
that may be incurred by the FOREST PRESERVE DISTRICT as a result of bodily injury,
death or property damage or as a result of any other claim or suit of any nature whatsoever
arising from or in any manner connected with, directly or indirectly, the negligent or
intentional acts or omissions of LICENSEE pertaining to the use of the License Area or the
negligent or intentional acts or omissions of any independent contractor or subcontractor that
is engaged by LICENSEE and permitted to utilize the License Area. LICENSEE shall cause
its contractors to defend,hold harmless,and indemnify the FOREST PRESERVE DISTRICT
and all of its officers, agents, employees and elected officials from any loss, damage,
demand, liability, cause of action, fine,judgment or settlement,together with all costs and
expenses related thereto(including reasonable expert witness and attorney fees),that may be
incurred by the FOREST PRESERVE DISTRICT as a result of bodily injury, death or
property damage or as a result of any other claim or suit of any nature whatsoever arising
from or in any manner connected with,directly or indirectly,the negligent or intentional acts
or omissions of the LICENSEE'S contractors or contractors agents or subcontractors
pertaining to the use of the License Area or the negligent or intentional acts or omissions of
any independent contractor or subcontractor that is engaged and permitted to utilize the
License Area.
10.0 BREACH OF AGREEMENT
10.1 In the event LICENSEE breaches any provision contained herein,the FOREST PRESERVE
DISTRICT may immediately terminate this Agreement by serving written notice as provided
for in paragraph 11.0. A waiver by the FOREST PRESERVE DISTRICT of any breach of
one or more of the terms of this Agreement on the part of LICENSEE shall not constitute a
waiver of any subsequent or other breach of the same or other term,nor shall the failure on
the part of the FOREST PRESERVE DISTRICT to require exact, full and complete
compliance with any of the terms contained herein be construed as changing the terms of this
Agreement or estopping the FOREST PRESERVE DISTRICT from enforcing full
compliance with the provisions herein. No delay, failure or omission of the FOREST
License Agreement-X-370-008L-5
PRESERVE DISTRICT to exercise any right, power, privilege or option arising from any
breach shall impair any right,privilege or option,or be construed as a waiver or acquiescence
in such breach or as a relinquishment of any right. No option, right, power, remedy or
privilege of the FOREST PRESERVE DISTRICT shall be construed as being exhausted by
the exercise thereof in one or more instances. The rights, powers,privileges and remedies
given the FOREST PRESERVE DISTRICT under this Agreement and by law shall be
cumulative.
11.0 NOTICES
11.1 All notices required to be given under the terms of this Agreement shall be in writing and
served by certified or registered mail, return receipt requested,properly addressed with the
postage prepaid and deposited in the United States mail. Notices served upon the FOREST
PRESERVE DISTRICT shall be directed to the Executive Director,Forest Preserve District
of DuPage County,P.O.Box 5000,Wheaton,Illinois 60189-5000. Notices served upon the
LICENSEE shall be directed to the Village Manager,Village of Oak Brook, 1200 Oak Brook
Road,Oak Brook, Illinois 60523. Notices served by mail shall be effective upon receipt as
verified by the United States Postal Service. Notwithstanding anything to the contrary,any
notice by a party alleging a breach of this Agreement shall be by certified or registered mail
as set forth above. Any party may designate a new location for service of notices by serving
notice of the change in accordance with the requirements of this paragraph.
12.0 MISCELLANEOUS PROVISIONS
12.1 LICENSEE shall not record this Agreement or any memorandum or other document referring
hereto, without the written consent of the FOREST PRESERVE DISTRICT'S Executive
Director.
12.2 This Agreement shall be construed in accordance with the laws of the State of Illinois.
12.3 The provisions set forth herein represent the entire Agreement between the parties and may
not be modified or changed in any respect unless such modification or change is in writing
and signed by both parties.
IN WI E S WHEREOF, the parties have entered into this License Agreement as of the
of 20,= ,=o.
FOREST PRESERVE DISTRICT VILLAGE,OF OAK BROOK
OF DUPAGE COUNTY f'
BY: j4eL'- .:k BY:
Ed Stevenson, Executive Director Gopal G. Lalmalani, Village President
ATTEST:ATTEST: 1 t t.Gtd
Ju im Malahy, Secretary Charlotte Pruss, Clerk
License Agreement-X-370-008L-6
YORK WOODS
VILLAGE OF OAK BROOK TRAIL IMPROVEMENTS
TEMPORARY LICENSE AREA
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EXHIBIT "A"
EXHIBIT B
Legal Regulations and Responsibility To Public
a) Workers Compensation and Employers Liability.
1) Workers compensation shall be provided according to the provisions of
the Illinois Workers Compensation Act, as amended. Notwithstanding
the rating and financial size categories stated in this Article, coverage
may be provided by a group self-insurer authorized in Section 4(a) of
the Act and approved pursuant to the rules of the Illinois Department of
Insurance.
2) Employers Liability.
a. Each Accident 500,000
b. Disease-policy limit 500,000
c. Disease-each employee 500,000
b) Commercial General Liability. Required liability insurance coverage shall be
written in the occurrence form and shall provide coverage for operations of
the Contractor; operations of subcontractors (contingent or protective
liability); completed operations; broad form property damage and hazards of
explosion, collapse and underground; and contractual liability. The general
aggregate limit shall be endorsed on a per project basis.
1) General Aggregate Limit 2,000,000
2) Products-Completed Operations
Aggregate Limit 2,000,000
3) Each Occurrence Limit 1,000,000
The coverage shall provide by an endorsement in the appropriate manner
and form, the Department, its officers, and employees shall be named as
additional insureds with respect to the policies and any umbrella excess
liability coverage for occurrences arising in whole or in part out of the work
and operations performed. The Department may accept a separate owner's
protective liability policy in lieu of the Department, it's officers, and
employees being insureds on the Contractor's policies.
c) Commercial Automobile Liability. The policy shall cover owned, non-owned,
and hired vehicles.
Bodily Injury&Property Damage
Liability Limit Each Occurrence 51,000,000
d) Umbrella Liability. Any policy shall provide excess limits over and above the
other insurance limits stated in this Article. The Contractor may purchase
insurance for the full limits required or by a combination of primary policies
for lesser limits and remaining limits provided by the umbrella policy.
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EXHIBIT B
Legal Regulations and Responsibility To Public
All insurance shall remain in force during the period covering occurrences
happening on or after the effective date and remain in effect during performance of
the work and at all times thereafter when the Contractor may be correcting, removing,
or replacing defective work until notification of the date of final inspection.
Termination or refusal to renew shall not be made without 30 days prior written notice
to the Department by the insurer and the policies shall be endorsed so as to remove
any language restricting or limiting liability concerning this obligation.
Certified copies of the original policies or certificate(s) of insurance by the
insurer(s) issuing the policies and endorsements setting forth the coverage, limits,
and endorsements shall be filed with the Department before the Department will
execute the contract. A certificate of insurance shall include a statement "the
coverage and limits conform to the minimums required by Article 107.27 of the
Standard Specifications for Road and Bridge Construction". Any exception or
deviation shall be brought to the attention of the Department for a ruling of
acceptability. In no event shall any failure of the Department to receive policies or
certificates or to demand receipt be construed as a waiver of the Contractor's
obligation to obtain and keep in force the required insurance.
Ali costs for insurance as specified herein will be considered as included in the
cost of the contract. The Contractor shall,at his/her expense and risk of delay, cease
operations if the insurance required is terminated or reduced below the required
amounts of coverage. Coverage in the minimum amounts set forth herein shall not
be construed to relieve the Contractor from his/her obligation to indemnify in excess
of the coverage according to the contract.
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