HomeMy WebLinkAboutRESOLUTION - 33-95 - 5/9/1995 - AGRMT/EG PARK DIST/JOINT PERMITRESOLUTION NO. 33-95
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE
VILLAGE AND THE ELK GROVE VILLAGE PARK DISTRICT WHICH SETS
FORTH THE RESPONSIBILITIES WITH RESPECT TO A JOINT PERMIT FOR
COOK COUNTY FOREST PRESERVE PARCEL #28
(NORTHEAST INTERSECTION OF ROHLWING AND BIESTERFIELD ROAD)
NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President be and is hereby authorized to
sign the attached documents marked:
INTERGOVERNMENTAL COOK COUNTY FOREST
PRESERVE PARCEL #28 USE AGREEMENT
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 Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 9th day of May , 1995.
APPROVED this 9th day of May , 1995.
Dennis S. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
INTERGOVERNMENTAL COOK COUNTY FOREST
PRESERVE PARCEL #28 USE AGREEMENT
THIS AGREEMENT entered into this 9th day of May 1995, by and
between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation
("Village") and the ELK GROVE PARK DISTRICT, an Illinois municipal corporation
("Park District").
WITNESSETH:
WHEREAS, the Village and Park District will on a continuing basis jointly apply to
the Cook County Forest Preserve (hereinafter the "Forest Preserve") for a Special Activity
Permit for the recreational use of Busse Woods, Parcel #28; and
WHEREAS, the Park District has plans for improving and developing Parcel #28 for
the purpose of athletic fields, as provided under the 1995 special activity permit and the
Additional Provisions to same, an unexecuted copy of which is attached hereto as Exhibit
A and by this reference incorporated herein and made a part hereof (hereinafter jointly the
"Special Activity Permit',); and
WHEREAS, the Park District will be scheduling the use of Parcel #28 under special
activity permits for the benefit of its patrons and program participants; and
WHEREAS, the Special Activity Permit designates certain terms and conditions for
the use of Parcel #28; and
WHEREAS, it is in the best interests of the Village and Park District as joint
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applicants to specifically designate responsibilities with respect to the terms and conditions
set forth in the Special Activity Permit and any special activity permits issued by the Forest
Preserve to the Village and the Park District hereinafter with respect to Parcel #28.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties as
follows:
Section 1. In conjunction with the joint submission by the Village and the Park
District of any application for a special activity permit with respect to Parcel #28, the Park
District shall supply and provide the Forest Preserve with all fees and proof of insurance as
required under each permit, and shall pay all usage fees required under each permit;
Section 2. That the Park District shall designate scheduling for the recreational use
of Parcel #28 as it deems necessary for the benefit of patrons and program participants and
in so doing shall agree to abide by all terms and conditions required of users under the
special activity permit then in effect.
Section 3. That the Park District shall undertake and fund all improvements and
maintenance to Parcel #28 (including plan preparation and submission, transplantation and
protection of foliage and landscaping, disposal of excavated material, seeding and fertilizing
of fields, and associated maintenance thereof) for the development of athletic fields, in
accordance with the Special Activity Permit.
Section 4. That the Park District hereby agrees. to indemnify, defend and hold
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harmless the Village, including officers, officials, employees, agents, and other
representatives from any and all claims, demands, liability, damages, injury, causes of action,
suits in law or in equity, costs and expenses, including reasonable attorneys I fees which may
arise out of, or may relate to any matters set forth in this agreement and including the
terms, regulations, and conditions of any special activity permit issued to the Village and the
District with respect to Parcel #28.
Section 5. That the Village Manager for the Village and Executive Director for the
Park district are hereby authorized to execute and submit to the Forest Preserve special
activity permit applications on an ongoing basis, subject to the conditions set forth herein;
Section 6. That either party may terminate its participation in this Agreement upon
delivery of written notice to the other party at least 120 days in advance of any termination
date, which termination date must coincide with the last day of any season as defined by the
special activity permit then in effect. The notice shall be either personally delivered or sent
by certified mail, return receipt requested, to the individual designated by each party as the
responsible party to receive said notice. This agreement shall remain in full force and effect
from its effective date until it is terminated as provided herein.
Section 7. This agreement may be amended with the mutual agreement of both
parties in writing, from time to time.
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IN WITNESS WHEREOF, the parties hereto set their hands and seals this
9th day of May , 1995.
Village:
VILLAGE OF ELK GROVE VILLAGE
By: Dennis J. Gallitano
Its Village President
ATTEST:
Patricia S. Smith
Village Clerk
EGPD\lntergov.Agt
Park District:
ELK GROVE PARK DISTRICT
By:
Its
ATTEST:
Secretary