City of Rockford, Illinois
Public Works Department
425 East State Street, Rockford, IL 61104
Phone: 779-348-7174 Fax: (815) 967-7058
Web: www.rockfordil.gov
Page | 3 of 4
This Agreement is date as of the ______ day of ___________, 20____, by and between the CITY OF ROCKFORD, a
municipal corporation, (“City”), and _________________________________ (“Participant”).
RECITALS:
WHEREAS, the Participant wishes to install an encroachment in the City of Rockford right-of-way; and
WHEREAS, the City wishes to permit such installation to encourage the beautification of the community, subject to the
terms and conditions herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Installation. Participant will install the following:
# and Type description of encroachment(s)
_________ ________________________ ______________________________________________________
_________ ________________________ ______________________________________________________
_________ ________________________ ______________________________________________________
_________ ________________________ ______________________________________________________
LOCATED AT: ___________________________________________________________________________________
(List street address or corner and ROW description, i.e. median, sidewalk, etc.)
Upon obtaining a permit to do so by the Department of Public Works. Participant agrees to abide by any conditions contained in
the permit.
2. Maintenance. Participant agrees to maintain the encroachment, including weeding, watering and repairs.
Participant agrees to maintain the encroachment in a clean and safe condition in the location approved.
3. Indemnification, Duty to defend, and Hold Harmless, To the fullest extent permitted by law, Participant
agrees to that it shall indemnify and hold harmless the CITY OF ROCKFORD, a municipal corporation, and its officers, agents,
representatives and/or employees from and against any and all claims, suits, liens, judgments, damages, losses and expenses,
including legal fees and all court costs and liability (including statutory liability) arising in whole or in part and in any manner
from injury and/or death of person or damage to or loss of any property resulting from the acts, omissions, breach or default of
Participant and any of its officers, agents, employees, members or volunteers, that occur while acting on behalf of Participant
while installing or maintaining the encroachment, in connection with the performance of any work under this agreement, by or for
Participant pursuant to any contract, except those claims, suits, liens, judgments, damages, losses and expenses caused by the
negligence of the City of Rockford. Participant will defend and bear all costs of defending any actions or proceedings brought
against the City of Rockford, a municipal corporation, and its officers, agents, representatives and/or employees, arising in whole
or in part from any such acts, negligence, reckless or willful misconduct, omission, breach or default directly or indirectly, by
Participant in the construction, existence, maintenance, or repair of the aforementioned encroachment.
4. City's Remedies for Noncompliance. If in the opinion of the City Engineer or his designee the
encroachment(s) are not being maintained as required by this Agreement, the issued permit, and any applicable laws or
regulations, the City Engineer or his designee may, upon notice described below, either: a. remove the encroachment, or b. elect
to maintain the encroachment, but may subsequently remove with no further notice required. The City shall not be liable to the
Participant in any way for said removal or takeover, and shall not be required to return the encroachment to the Participant. Prior
to taking such action the City Engineer or his designee shall notify Participant of the maintenance deficiency in writing at the
address herein or at such address Participant has designated in writing to the City as Participant's current address. The notice shall
advise the Participant that the Participant has fourteen (14) days to correct the deficiency.