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HomeMy WebLinkAboutNorthwestern University Sheridan Road traffic signalAGREEMENT THIS AGREEMENT ("Agreement") made as of July 28, 2010, by and between THE CITY OF EVANSTON, a municipal corporation (the "City") and NORTHWESTERN UNIVERSITY, an Illinois corporation (the "University"). RECITALS A. The City owns and operates traffic signals through the City of Evanston. B. The University wishes to provide financial assistance with a new traffic signal to be located at Garrett and Sheridan Road in order to increase safety at that intersection. Upon satisfactory completion of the installation, the University will assign its interest in said installation to the City. The City agrees to accept such assignment. NOW THEREFORE, in consideration of the mutual promises, undertakings, covenants and agreements of the parties, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed by and between the parties as follows: 1. Term. The term of this Agreement ("Term") shall commence July 28, 2010 and shall expire upon completion of construction, installation and payment of the traffic signal and other work related to the signal. 2. Cost. The University shall reimburse the City for the entire cost of the design and construction for the traffic signal. Payment will be made based upon invoices with lien waivers on a schedule agreed upon by the City and the University. . 3. Installation of Traffic Sianal, The City shall be responsible for the design and installation of the traffic signal and shall use its own employees and/or contractors to perform these services. The University must approve the City's design and plans prior to the installation because the work is related to and/or is affected by other construction the University is undertaking on its property related to this project. All work must be completed on City property. Any work that is to be completed on University property must be performed by the University or its contractors unless written permission is sought from the University (e.g., for items like traffic control loops). The City and the University will develop an appropriate agreement to allow for the City's installation of traffic signal related devices, if necessary, on University property. 4. Maintenance of Traffic Signal. The City is responsible for all maintenance and upkeep of the Traffic Signal (including the costs of such maintenance) once it is installed and operational. The University has no on -going obligations related to the Traffic Signal once the costs for installation have been paid. 5. Permits. The City shall obtain all necessary permits as may be required by local or federal agencies for the installation. 6. Completion and Dedication. University will dedicate the installation of the traffic signal to the City at no cost. City will accept title to the installation and incorporate said installation into its current traffic signal system at no cost to the University. Indemnification. The City agrees to indemnify and hold harmless the University from the payment of any sum or sums of money, to any persons whomsoever on account of all claims, actions or suits growing out of injuries to persons or property arising out of the City's design and installation of the traffic signal, except for injuries to persons or property arising out of the negligence or willful misconduct of the University. 8. Insurance. The City shall obtain insurance from all contractors used on this project. It is hereby agreed and understood that all insurance shall be in full force prior to commencing work and remain in force until the entire installation is completed. 9. Successors and Assigns. The rights and obligations of the parties hereto shall inure to the benefit of each of their successors and assigns; provided, however, that the interest and rights of the University hereunder shall not be assignable at any time. 10. No Real Estate Interest. This Agreement does not create an interest in real estate and the University acknowledges that the University does not have and shall not claim at any time any interest of estate of any kind or extent whatsoever in any of the City's property by virtue of this Agreement. The City acknowledges that it does not have and shall not claim at any time any interest of estate of any kind or extent whatsoever in any of the University's property by virtue of this Agreement other than the license, easement or other instrument that may be required for traffic controls loops or related equipment. K IN WITNESS WHEREOF, the parties hereto have executed this Agreement this day and year first above written. THE CITY OF EVANSTON, a municipal corporation By: Name: Wally Bobkiewicz Title: City Manager ADDRESS .FOR NOTICE: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60204-0832 Attention: City Manager NORTHWESTERN UNIVERSITY, an Illinois corporation By: Name: Eugene S. Sunshine Title: Senior Vice President for Business and Finance ADDRESS FOR NOTICE: Northwestern University 633 Clark Street Evanston, Illinois 60208 Attention: Senior Vice President for Business and Finance