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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 i 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 2 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. 3 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 4 ITEAM W.D. Of OqK o V co CO����,�`"� 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 04 SHIPPED JAN 12 2006 y a a t �'Y� January 12, 2006 . Village of sd ii 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 s ,3 ';°lf Club RBB/db 2606 York Road sl Oak Brook.IL 60523-4602 ; 630990.3032 1 FAX 630.990.0245