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HomeMy WebLinkAboutRESOLUTION - 26-89 - 4/25/1989 - INTERGOVERNMENTAL AGRMTRESOLUTI014 NO. 26-89 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT PERTAINING VILLAGE - LIBRAR`( REAL ESTATE EXCHANGE 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 Agreement pertaining Village - Library Real Estate Exchange" 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. VOTE: AYE: 6 NAY: 0 ABSENT: 0 PASSED this 25th day of April , 1989. APPROVED this 25th day of April , 1989. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village C erk INTERGOVERNMENTAL AGREEMENT PERTAINING VILLAGE: - LIBRARY REAL ESTATE EXCHANGE This Agreement made and entered into this 25th day of April , 1989, by and between the Board of Library Trustees of the Village of Elk Grove Village, Cook County, Illinois ("Library") and the Village President and Board of Trustees of the Village of Elk Grove, Cook County, Illinois ("Village"); WITNESSETH: WHEREAS, the Library is a local public library established and acting under and by virtue of the Illinois Local Library Act, Ch. 81, Ill.Rev.Stat. Sec. 1-1 (para. 1-1) et sea. (1987); and WHEREAS, the Village is an Illinois municipal corporation established and acting under and by virtue of the Illinois Municipal Code, Ch. 24, I11.Rev.Stat. Sec. 1-1-1, gt sem. (1987) and a home rule by virtue of Sec. 6, Article VII of the Illinois Constitution of 1970; and WHEREAS, the Library and Village have agreed to exchange sites respectively owned by them, and as hereinafter described, upon the consideration, terms and conditions hereafter set forth; NOW, THEREFORE, for good and valuable consideration, pursuant to Section 10, Article VII of the Illinois Constitution of 1970, the Intergovernmental Corporation Act of the State of Illinois, Ch. 127, Ill.Rev.Stat. Sec. 1 (para. 741) at sea. (1987), and the pertinent provisions of the aforesaid Illinois Local Library Act and Illinois Municipal Code, it is agreed by and between the parties hereto as follows: 1. on or before the _ day of 1989, the Library will convey its, existing library building and site (legally described in Exhibit A attached hereto), by good and sufficient quit claim deed, to the Village, for public use thereof by the Village. 2. Simultaneously with the conveyance to the Village of the Library site, the Village will convey a certain parcel of real estate (legally described in Exhibit B attached hereto), by good and sufficient quit claim deed, to the Library, for public library purposes. 3. Prior to the exchange set forth in paras. 1 and 2 above, the Library will: a. Restore the existing Library building to substantially the same condition as it existed prior to the damage caused to said building by flooding in August, 1987; b. Cause to be prepared, as necessary, plats of subdivision for the parcels described in Exhibits A and B attached, and will submit the same to the Village for review and approval.; C. Resolve and satisfy any and all existing covenants and restrictions affecting the two parcels of real estate which :may adversely impact the exchange of -2- said parcels as contemplated herein; d. Prepare all appropriate deeds, ordinances, resolutions and other land transfer documents with respect to the exchange. 4. With respectto the new public library to be constructed on the site described in Exhibit B, the Library shall: a. Observe all applicable Village codes; b. Ensure that the Library will be architecturally compatible with the new and existing Village Municipal Building. The determination of compatibility shall rest in the mutual, reasonable discretion of the corporate authorities of the Library and the Village prior to construction. C. Locate the Library parking lot(s) so as to be in close proximity to the municipal parking lots; d. Provide screening by fencing and vegetation along the south property line adjacent to the senior citizens' complex; e. Submit all financing, site and construction plans to the Village for review and approval pursuant to Article 5 of the aforesaid Illinois Local Library Act. 5. The terms of this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. CaC 6. PERMITTED EXCEPTIONS AND CONDITION OF TITLE. The term "permitted exceptions," as used herein shall include easements for public utilities and shall not include reversions or such other encumbrances which would affect or encumber the Village's ownership or the Library's ownership of their respective parcels. Each conveying party shall deliver or cause to be delivered to the recipient party, at each party's expense, prior to closing, a commitment for a Owner's Title Insurance Policy for the subject properties issued by a mutually acceptable title insurance company in an amount equal to the value of each parcel, evidencing title to the subject property on or after the date of execution hereof, showing title to be vested in the conveying party subject only to the permitted exceptions defined herein. If such evidence of title discloses defects other than the permitted exceptions, the conveying party shall have until closing to cure such defects and notify the recipient party. If the conveying party is unable to cure such defects, the recipient party may, at its election,, accept evidence of title to the subject property as it then exists by notifying the conveying party and tendering performance. 7. DEFAULT. Failure or delay by either party to perform any term or provision of this Agreement within the time specified or otherwise mutually agreed upon shall constitute a default under this Agreement.. The party who so fails or delays must, within ten (10) days of written notice of the existence of -4- such default, immediately commence to cure, correct or remedy such failure or delay, and shall complete such cure or correction or remedy with diligence. If after ten (10) days written notice, the party in default shall not have cured the default, then the non -defaulting party shall have the right, but not the obligation, to perform any defaulted act or declare this Agreement void. S. REAL ESTATE COMMISSION. Neither the Library nor the Village shall be liable for any real estate commissions, brokerage fees or finder's fees by reason of this Agreement. 9. AMENDMENT. This Agreement may be amended only by mutual written agreements of the Library and the Village. 10. LIENS. Neither party hereto shall suffer or permit any mechanic's liens, judgment liens or other lien of any nature whatsoever to attach to or be against the subject properties to be conveyed herein. 11. NOTICE. Formal written notices, demands, correspondence and communications between the Library and the Village shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested to the following parties on behalf of the Library and the Village. If the Library: Mark West, Administrative Librarian Elk Grove Village Public Library One Reverend Morrison Boulevard Elk Grove Village, Illinois 60007 If the Village: Village Manager Village of Elk Grove Village 901 Wellington Avenue Elk Grove, Illinois 60007 -5- IN WITNESS WHEREOF„ the parties hereto have caused this Agreement to be executed by their Presidents and Secretary/Clerk pursuant to motions or resolutions duly adopted by their respective governing boards. ATTEST: Secretary ATTEST: Patricia S. Smith Village Clerk cdw\MISC\A:FRIKER\LIB-AGMT BOARD OF LIBRARY TRUSTEES VILLAGE OF ELX GROVE VILLAGE By: President PRESIDENT AND BOARD OF TRUSTEES VILLAGE OF ELK GROVE VILLAGE By: Charles J. Zettek Village President -6- :EXHIBIT A LOT 3496 AND THE NORTHERLY 175.00 FEET, AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE THEREOF OF LOT 3497 IN ELK GROVE VILLAGE SECTION 11, BEING A SUBDIVISION OF SECTIONS 32 AND 33, TOW14SHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. EXHIBIT B BEGINNING AT THE SOUTH WEST CORNER OF SAID NORTH 951.83 FEET OF THE SOUTH WEST 1/4 OF THE NORTH EAST 1/4; THENCE NORTH 00 DEGREES, 58 MINUTES, 18 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTH WEST 1/4 OF THE NORTH EAST 1/4 FOR A DISTANCE OF 382.15 FEET; THENCE SOUTH 89 DEGREES, 50 MINUTES, 58 SECONDS EAST 516.93 FEET TO THE WEST LINE OF THE EAST 810.0 FEET AS MEASURED ALONG THE NORTH LINE OF THE SOUTH WEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 32 AFORESAID; THENCE SOUTH O1 DEGREES, 04 MINUTES, 13 SECONDS EAST ALONG THE WEST LINE OF THE EAST 810.0 FEET AFORESAID FOR A DISTANCE OF 380.78 FEET TO THE SOUTH LINE OF THE NORTH 951.83 FEET AFORESAID; THENCE SOUTH 89 DEGREES, 59 MINUTES, 49 SECONDS WEST ALONG THE LAST DESCRIBED LINE 517.56 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.