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R2006-35 AUTHORIZING EXECUTION OF AGREEMENT
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R2006-35 AUTHORIZING EXECUTION OF AGREEMENT
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12/2/2015 11:41:15 AM
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12/2/2015 11:41:15 AM
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Resolution/Ordinance
Res Ord Num
R2006-35
Res Ord Title
AUTHORIZING EXECUTION OF AGREEMENT - DECATUR PARK DISTRICT - RED TAIL RUN GOLF COURSE
Approved Date
3/6/2006
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, , . <br /> 12. The District shall be responsible for the location of any underground <br /> improvements, through J.U.L.I.E. or any other underground locates. <br /> 13. If the City determines in good faith, after reviewing and studying all available <br /> traffic statistics, accident reports, incident reports or other events regarding the use of the <br /> crossing, and after consulting with the District that the public safety of motorists and patrons <br /> of the Course necessitates a greater level of crossing, including a separated grade crossing, <br /> the City shall notify the District and the District shall design, install and maintain said <br /> crossing within six (6) months of being so notified. <br /> 14. In the event the City determines to widen the roadway of West Grove Road as <br /> set forth herein or make other public improvements within the right of way of said roadway, <br /> the District shall, at its sole expense, relocate any and all improvements installed and <br /> maintained under this Agreement. <br /> 15. District will indemnify and hold the City harmless from all claims for bodily injury, <br /> death or property damage arising from any negligence of the District in the design, I' <br /> installation, placement or maintenance of the traffic control devices described herein and <br /> shown on the attached plat, or any claim based on the District designing, constructing, <br /> operating and maintaining the at-grade pedestrian and golf cart crossing, except to the <br /> extent that the claim arises from any act, omission or negligence of the City's servants or <br /> employees. <br /> 16. In the event the District terminates this Agreement or fails to comply with the <br /> terms and conditions set forth herein, the City may eliminate the authority of the District to <br /> utilize the at-grade crossing and the District shall agree to abandon the at-grade crossing <br /> without further legal actions. <br /> 3 <br />
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