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Home My WebLink AboutRESOLUTION - 28-01 - 6/12/2001 - INTER AGENCY AGREEMENTRESOLUTION NO. 28-01 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTER -AGENCY AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND JAMES M. HOULIHAN, COOK COUNTY ASSESSOR 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: INTER -AGENCY AGREEMENT FOR THE PROVISION OF ACCESS TO DIGITAL ORTHOPHOTOGRAPHY 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: PASSED this 12th day of APPROVED this 12th day of ATTEST: Ann I. Walsh Village Clerk ReBAgmt Cook CntyAssessor.doc 0 ABSENT: I June June , 2001. 2001. Craig B. Johnson Mayor 4-23-2001 9:5GAM FROM INTER -AGENCY AGREEMENT FOR THE PROVISION OF ACCESS TO DIGITAL ORTHOPHOTOGRAPHY This Agreement is entered into this 12 th day of June 2001, by and between Village of Elk Grove ( Elk Grove ) and James M. Houlihan, Cook County Assessor (Assessor). WITNESSETH: WHEREAS, the Assessor has developed digital orthophotography of real estate in Cook County (D.O.$) and WHEREAS, Elk Grove has requested access to the D.O.s for use in performing its official business and WHEREAS, the Assessor, in the spirit of interagency cooperation, desires to make such D.O.s available, efficient and without charge to Elk Grove for use in performing its official functions and WHEREAS, such D.O. will be made available by the Assessor to Elk Grove, to be disseminated, as needed, to other departments of Elk Grove and WHEREAS, Elk Grove acknowledges and agree that access to said information is provided, as set forth in this Agreement, solely for use in performing the official functions of Elk Grove, and that any other use, alteration, sale, dissemination, lease, or transfer of the information by Elk Grove, or by any employee or agent of same, without written consent of the Cook County Assessor's Office, is prohibited and shall be deemed to warrant immediate termination of this Agreement THEREFORE, in consideration of the joint undertakings, terms and conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1 INCORPORATION OF RECITALS The foregoing recitals are incorporated into and made a part of this Agreement as if fully set forth herein. SECTION 2 INFORMATION PROVIDED P. 2 04/23/01 MON 09:50 [TX/RX NO 98141 Q 002 4-23-2001 9:56AM FROM P.3 The Assessor agrees to provide a computer disc(s) that contains the requested images as evidenced by Exhibit A, attached hereto_ SECTION 3 TERM AND EXTENSION This agreement is effective from the date of execution. The request of required D.O.s may be supplemented periodically. SECTION 4 RESTRICTIONS Elk Grove agrees that access to the D.O.s, as described herein, is conditioned upon and provided as set forth in this Agreement; the D.O.s are solely for Elk Grove 's use in performing its official functions. Any other use, alteration, sale, dissemination, lease or transfer of the information by Elk Grove, any employee, or agent of same, without written consent of the Assessor, is prohibited, and shall be deemed to be a breach which warrants immediate termination of this Agreement. SECTION 5 LIMITATION OF LIABILITY Elk Grove expressly agrees that no member, official, employee or agent of the Cook County Assessor's Office shall be individually or personally liable to it; its successors or assigns, in the event of any default or breach by the Cook County Assessor's Office under this Agreement, and that neither the Cook County Assessor's Office, nor any member, official , employee or agent thereof, shall be liable for any loss resulting from any inaccuracy in the information provided. The Assessor expressly agrees that no member, official, employee or agent of Elk Grove shall be individually or personally liable to the Cook County Assessor or the Cook County Assessor's Office, its successors or assigns, in the event of any default or breach by Elk Grove under this Agreement. SECTION 6 APPLICABLE LAW The Assessor and Elk Grove each acknowledge the existence of state and other applicable laws defining the duties and responsibilities of each party regarding real estate taxation and other governmental functions. No part of this Agreement has the effect of or is intended to impact any applicable legal duty of either party under existing law, especially the Illinois Property Tax Code, 35 ILCS 200/1 et seq. Both parties remain responsible under applicable law for performing all stated duties and responsibilities. This Agreement shall be governed by and construed in accordance with Illinois law. 04/23/01 YON 09:50 [TX/RX NO 98141 Z003 4-23-2001 9:57AM FROM P.4 SECTION 7 DISCLAIMER OF. RELATIONSHIP Nothing contained in this Agreement, nor any act of Elk Grove or the Assessor, shall be deemed or construed by either party hereto or by third persons, to create any relationship of third -party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving Elk Grove and the Assessor. SECTION 8 MODIFICATIONS This Agreement may not be altered, modified or amended except by written instrument duly executed by both parties hereto. SECTION 9 SEVERABILITY If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, such provision shall be deemed severed from this Agreement to the extent of such invalidity or unenforcebility, and the remainder hereof will not be affected, each of the provisions being severable in any such instance. SECTION 10 COUNTERPARTS This Agreement is executed in 2 counterparts, each of which shall be an original and all of which shallconstitute but one and the same instrument. SECTION 11 BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties as if they too were parties to this Agreement. Signed and sealed on the date first above written. James M. Houlihan Craig B. Johnson James M. Houlihan Craig B. Johnson Cook County Assessor Mayor 04/23/01 MON 09:50 [T%/R% NO 98141 Z 004 4-23-2081 9=57AM FROM EXHIBIT A Elk Grove requests current images of property identified as (identify desired images by tile number): 5759375 6259475 7259475 8009475 5759400 6509375 7509400 8009500 5759425 6509400 7509425 8009525 5759450 6609425 7509450 8009550 5759475 6509450 7509475 8259400 5759500 6759400 7509500 8259425 6009375 6759425 7759400 8259450 6009400 6759450 7769425 8259475 6009425 6759475 7759450 8269500 6009450 7009400 7759475 8259525 6009475 7009425 7759600 8259550 6009500 7009450 7759525 8509400 6259375 7009475 7759550 8509425 6259400 7259400 8009400 8509450 6259425 7259425 8009425 8509475 6259450 7259450 8009450 8509500 8509525 8759400 8759425 8759450 8759475 8759500 9009375 9009400 9009425 9009450 9009475 9259425 9259450 These images are requested pursuant to the Inter -agency Agreement for the Provision of Access to Digital Orthophotography as agreed to by the Cook County Assessor's Office and Elk Grove on _'",2001. 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