HomeMy WebLinkAboutORDINANCES-1985-001-O-8512/21/84
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AN ORDINANCE
Implementing an Indemnification Agreement with
the County of Cook in Lieu of Insurance and
Surety Bonds Otherwise Required for the City to
Do Work Within the County Highway Right-of-way
on any Cook County Highway in Evanston
WHEREAS, it may periodically become necessary for the
City of Evanston to perform construction and/or maintenance and
repair work to City property lying in or upon rights -of -way of
the County of Cook within the corporate limits of the City; and
WHEREAS, general County policy with regard to the
issuance of permits for disturbance of County rights -of -way
requires that insurance protecting the County of Cook from any
and all claims that may arise during the course of or in
consequence of such work be secured, and further, that a surety
ti bond be posted to guarantee restoration of the County
right-of-way following completion of such work project; and
WHEREAS, the general policy of the County of Cook
requires that such insurance and surety bond as aforesaid be
provided before a permit for work in or upon County
right-of-way will be issued; and
WHEREAS, the County of Cook will waive surety bond
requirements in favor of the City, and further, will accept
from the City in lieu of such insurance a hold harmless
agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That for and in consideration of waiver
by the County of Cook of the insurance
and surety bond requirements as aforesaid for projects which
may be undertaken by the City of Evanston, involving a
disturbance of any right-of-way of the County of Cook within
the corporate limits of the City of Evanston, the City does
I� hereby agree that it shall indemnify, keep and save harmless
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the County, its agents, officials and employees, against all
injuries, deaths, loss, damages, claims, patent claims, suits,
liabilities, judgments, costs and expenses, which may in
is
anywise accrue against the County in consequence of the
's
granting of this agreement or which may in anywise result
therefrom, whether or not it shall be alleged or determined
! that the act was caused through negligence or omission of the
City of Evanston or its employees, of a sub -contractor or his
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i employees, if any, and the City of Evanston shall, at its own
expense, appear, defend and pay all charges of attorneys and
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costs and other expenses arising therefrom or incurred in
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connection therewith, and, if any judgment shall be rendered
against the County in any such action, the City of Evanston
shall, at its own expense, satisfy and discharge the same. The
City of Evanston expressly understands and agrees that any
performance bond or insurance protection required by this
j agreement, or otherwise provided by the City of Evanston, shall j
in no way limit the responsibility to indemnify," keep and save
harmless and defend the County as herein provided.
SECTION 2: No amendment or repealer of this
ordinance shall become effective until
thirty (30) days next following written notice to the County of
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Cook of such proposed modification or repealer. Said notice
! shall be served upon the County of Cook at the office of the
Superintendent of Highways', 118 North Clark Street, Chicago,
Illinois 60602.
SECTION 3: The Clerk of the City of Evanston
is hereby authorized and directed to
forward to the County of Cook, Department of Highways, Permit
Division, a certified copy of this ordinance upon its passage
and approval.
SECTION 4: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION 5: This ordinance shall be in full force
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and effect from and after its passage, approval, and publication
F in the manner provided by law.
I' Introduced:// /y 19
Adopted : ' , L� 19 y�
i Approved: - 19 D�
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{ ATTEST:
City Clerk
Annroved as to form:
II Co potation Counsel
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