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HomeMy WebLinkAboutRESOLUTION - 47-03 - 7/15/2003 - INTGOVERNMENTAL AGRMT, USE OF FUNDSRESOLUTION NO. 47-03 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A USE OF FUNDS INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ELK GROVE PARK DISTRICT NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: AGREEMENT FOR USE OF FUNDS BY AND BETWEEN ELK GROVE PARK DISTRICT AND THE VILLAGE OF ELK GROVE VILLAGE a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT. 1 PASSED this 15th day of July 2003. APPROVED this 15"' day of July 2003. ATTEST. Ann I. Walsh, Village Clerk APPROVED: Craig B. Johnson, Mayor RES 0602agmementPat*Dist. doc AGREEMENT FOR USE OF FUNDS BY AND BETWEEN ELK GROVE PARK DISTRICT AND THE VILLAGE OF ELK GROVE VILLAGE THIS AGREEMENT is entered into this 15th day of ,ruin 2003, by and between ELK GROVE PARK DISTRICT, an Illinois unit of local government organized and existing under the Park District Code, as amended, 70 ILCS 1205(1-1 et seq. ("District'), and the VILLAGE OF ELK GROVE VILLAGE, an Illinois home rule municipal corporation organized and existing under the Illinois Municipal Code, 65 ILCS 511-1-1 et seq. ("Village"), (collectively, "Parties"). IN CONSIDERATION OF and in reliance upon the mutual promises and covenants set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Section 1. Recitals. A. The District is located within the Village and is organized and established to ensure adequate park and recreational programs and facilities for the residents of the Village, the District and the general public. B. The Village is adjacent to O'Hare International Airport ("O'Hare), and which airport is fully within the City of Chicago ("City"). C. The City is considering a significant expansion of O'Hare, and which expansion may in part be facilitated by the use of statutorily granted "quick -take" powers authorized by the Illinois General Assembly, and which quick -take powers may enable the City to condemn land in other municipalities inside and outside of Cook County ("Extraterritorial Quick Take Powers"). D. The City's plans and renderings for the O'Hare expansion show significant land being taken from the Village to be used to construct and install a substantial portion of the improvements associated with the expansion. E. The Village estimates that the O'Hare expansion could possibly result in the (i) destruction of 4,000 businesses; (ii) loss of 100,000 jobs; (iii) removal of 12,000 homes; and (iv) elimination of over $1.9 billion in equalized assessed valuation (collectively, "Village Impacts'). F. The District derives a significant portion of its operating revenue from taxable properties in the Village, and the Village impacts would result in a major reduction in such revenues, thereby substantially hampering the District's ability to effectively serve the residents of the Village and the general public. G. The District as a result of the threat posed to its revenues by the Village Impacts, desires to assist the Village in its efforts to counter the O'Hare expansion ("Village Counter -Measures"), and specifically those Village Counter -Measures occasioned by the enactment of Extraterritorial Quick Take Powers. H. On May 27, 2003, the Board of Park Commissioners of the District unanimously adopted a motion to contribute $50,000 ("District Contribution") to the Village Counter -Measures occasioned by the enactment of Extraterritorial Quick Take Powers, which District Contribution is made in accordance with and pursuant to Sections 4-6 and 8-1(a) of the Park District Code, 70ILCS 1205/4-6 and 8-1 (a) which is reflected in the minutes of the Board of Park Commissioners of the District for May 27, 2003, attached hereto as Exhibit A and, by this reference, made a part of this Agreement. I. The District and Village pursuant to and in accordance with Article VII, Section 10 of the Illinois Constitution of 1970, III. Const. Art. VIII, 10, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., desire to enter into this Agreement to (i) facilitate the Village Counter -Measures occasioned by the enactment of Extraterritorial Quick Take Powers and (ii) ensure that the District Contribution is used in accordance with and pursuant to relevant Illinois constitutional and statutory law, and for purposes specifically provided for in this Agreement. Section 2. Counter -Measures Update: Accountine A. Village Counter -Measures. The Village shall periodically update the District concerning any Village Counter -Measures which have been or are in the process of being pursued; provided, however, that the Village shall make such periodic updates in writing no less than every 21 days. The Village shall, where practicable, confer and reasonably coordinate with the District on Village Counter -Measures occasioned by the enactment of Extraterritorial Quick Take Powers. Notwithstanding anything to the contrary in this Subsection 2.A, the Village shall at all times be the primary party coordinating on and establishing legal and political strategy for the Village Counter -Measures occasioned by the enactment of Extraterritorial Quick Take Powers. B. Village Counter -Measures Updates. The Village shall provide the District with a detailed list of revenues and disbursements from the Special Account, as defined in Subsection 3.A of this Agreement, which list shall be provided on a monthly basis. The District may request in writing from the Village further information regarding or question any source of revenue or disbursement provided on any such list, which request or question shall be answered by the Village in writing not later than seven (7) days after receipt thereof. Section 3. District Contribution. A. District Contribution. On or before , 2003 the District shall transfer the District Contribution to the Village. The District Contribution shall be deposited into the Village's Legal Defense Trust Fund, a dedicated, special purpose account from which disbursements will be limited to paying expenses related to Village Counter -Measures occasioned by the enactment of the Extraterritorial Quick Take Powers ("Special Account"). B. Use of District Contribution. In no event shall any portion of the District Contribution be used, or any disbursement from the Special Account be made, in a manner inconsistent with Article VIII, Subsection 1(a) and 1(b) of the Illinois Constitution of 1970, III. Const. Art. VIII, 1(a) and 1(b), Section 9- 25.1 of the Illinois Election Code, 10 ILCS 5/9-25.1, or Section 3.5 of the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/3.5, or any other relevant local, state, or federal law, ordinance, rule, or regulation. Section 4. Indemnity of District A. Indemnity. The Village agrees to, and does hereby, hold harmless and indemnify the District, its Park Commissioners, and all District appointed officials, employees, agents, representatives, and attorneys, from any and all claims that may be asserted at any time against any such parties in connection with (i) the District's execution of this Agreement; (ii) any unauthorized and impermissible use of the District Contribution including without limitation any such use contrary to the prohibitions et forth in Subsection 3.13 of this Agreement; and (iii) any unauthorized and impermissible disbursement from the Special Account including without limitation any such disbursement contrary to the prohibitions set forth in Subsection 3.13 of this Agreement. B. Defense Expense. The Village shall, and does hereby, agree to pay all expenses, including legal fees and administrative expense, incurred by the District in defensing itself with regard to any and all claims referenced in Subsection 4.A of this Agreement. Section 5. General Conditions. A. Notice. Any notice or communication required or permitted to be given under this Agreement shall be in writing and shall be delivered (i) personally; (ii) by a reputable overnight courier; (iii) by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid; or (iv) by facsimile. Facsimile notices shall be deemed valid only to the 4 extent that they are (a) actually received by the individual to whom addressed and (b) followed by delivery of actual notice in the manner described in either (i) or (ii) or (iii) above within three (3) business days thereafter at the appropriate address set forth below. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; or (b) one (1) business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c) three (3) business days following deposit in the U.S. Mail, as evidenced by a return receipt. By notice complying with the requirements of this Section, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of address or address shall be effective until actually received. Notices and communications to the District shall be addressed to, and Delivered at, the following address: With a copy to: Elk Grove Park District 499 Biesterfield Road Elk Grove Village, IL 60007 Thomas G. Hoffman Attorney at Law 11 E. Adams Street, Suite 1600 Chicago, IL 60603 Notices and communications to the Village shall be address to, and delivered at the following address: With a copy to: Village of Elk Grove Village Village Manager 901 Wellington Drive Elk Grove Village, IL 60007 Village of Elk Grove Village George B. Knickerbocker 901 Wellington Avenue Elk Grove Village, IL 60007 C. Calendar Days and Time. Any reference herein to a day or days shall mean calendar and not business days. If the date for giving of any notice required to be given hereunder or the performance of any obligation hereunder falls on a Saturday, Sunday, or Federal holiday, then said notice or obligation may be given or performed on the next business day after such Saturday, Sunday or Federal Holiday. D. Amendment. No amendment or modification to this Agreement shall be effective unless and until such amendment or modification is in writing, property approved in accordance with applicable procedures, and executed. E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any individual, firm, corporation, or public entity, other than the Parties, shall be made or be valid. F. Severability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated. G. Entire Aereement and Waiver. This Agreement constitutes the entire agreement between the Parties and supersedes any and all previous or contemporaneous oral or written agreements and negotiations between the Parties with respect to the assignment. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver of any other provision of this Agreement (whether or not similar) nor shall any such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provide in this Agreement. H. Authority to Execute. The Parties hereby wan -ants and represent to each other that: (i) the persons executing this Agreement on behalf of each Party have been properly authorized to do so by their respective Corporate Authorities; (i) that each Party has the full and complete right, power and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement; (iii) that all legal actions needed to authorize the execution, delivery and performance of this Agreement have been taken by each Party; and (iv) that neither the execution of this Agreement nor the performance of the obligations assumed by each Party will (a) result in a breach or default under any other agreement or obligation of each Party or (b) violate any statute, law, restriction, court order or agreement to which each Party may be subject. (SIGNATURES TO FOLLOW ON SEPARATE PAGE.) IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed on or before the date first stated above. ATTEST: Its: ATTEST: By: Ann I. Walsh Its: Village Clerk ELK GROVE PARK DISTRICT, an Illinois unit of local government IM VILLAGE OF ELK GROVE, an Illinois home rule Municipal Corporation By: Craig B. Johnson Its: Village Mayor