HomeMy WebLinkAboutRESOLUTION - 34-04 - 8/17/2004 - Agreement Park District Exchange of Occupancy RESOLUTION NO. 34-04
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT FOR THE EXCHANGE OF OCCUPANCY AND USE
OF THE VILLAGE OF ELK GROVE VILLAGE AND ELK GROVE PARK DISTRICT
PROPERTIES
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 THE EXCHANGE OF OCCUPANCY
AND USE OF ELK GROVE VILLAGE AND
ELK GROVE PARK DISTRICT PROPERTIES
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: 6 NAYS: 0 ABSENT: 0
PASSED this le day of August 2004.
APPROVED this 174i day of August 2004.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann 1. Walsh
Village Clerk
RESParkDistdctLandSwap.doc
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' AGREEMENT FOR THE EXCHANGEUP
OF:OCCANCY `
AND USE OF FLK GROVE VMLAGE AND s ! k
-��"i'�rt,4•t •s ry "
" ' ^� ELK GROYF fA1tK))LSTRICT PROPERTIESxr
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This Agreement is`entered into this; b
of..Jua ---. ';2004-4
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between the Pillage of Elk Grove Village;an Illinois home rule munrcipai corpo;ration` ; rt�
it f local ovcrnmcnt
("'Village'),and the Blk Grove Park District,an Dlinois un o g
.� ���ti organized and existing under the Park District Code as amended,701[.CS 1205/1=I
1K M («71iitrle�,(collcctivcly"Parties'). } 7,'y'�•y t°• r ;T _ r
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In consideration of and in reliance
-the mutual promises and covenants
-
- ' t,.forth in this Agreement,and other good and valuable consideration,the recaipt and -
'- `'sufficiency of which are hereby acknowledged,the Parties agree as follows:
, Section 1. Recitals
A. On September 23,1980.,the Parries entered into a Public Works Fadlity -
Agreement wherein the Parties would collectively construct and the wf=
mutually own,subject to party wall rights,a Public Works Facility located
south of Biesterfield Road and west of Meacham Road in the Village of Elk -
Grove Village.
B. Currently,the Village owns and occupies 83.3%of the Public Works Facility and the District owns and occupies approximately 16.7%of said facility,
C. The Village is also the owner of approximately 1.9 nems of vacant land'
located north of Nerge Road and cast of Rohlwing Road. Public Works
Facility is legally descn'bed as Parcel l on Exhibit A attached hereto and the -
legal description of the Village's vacant land is identified as Pmel 2 on
Exhibit A attached hereto. _
D. The Village has determinedthat it is not necessary nor docs it have use in the .
immediate future for the vacant 1.9 acres of vacant property and the District
has determined that it Idccwise has no immediate use for its 16.7%of the
Public Works Facility.
E. Conversely,the Village has dctcrmined it is necessary and convenient for it to
use the District's 16.7%of the public Works Facility for its use and the
District has determined that it is necessary and convenient for it to use and
. occupy the Village's 19 acres of vacant:property for general park purposes.
- F. The Village and District have determined it to be in their respective best
interest to enter into this Agreement for a limited period of time wherein the
District will use and occupy the Village's 1.9 acres of vacant property
and the Village will use and occupy the District's 16.7%of the
EXR-IBIT A.
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Public Works Facity.subject to the conditions and length:of time as set forth in a}
his Agreement.
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-�, �Y e� LSechort x. Granting of Excluswe Use and Occnuanev/Ot)aer Terms end�onditfoas
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• a � A. The Village hereby grants to"the District full use and occupancy of the Village
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property identified as Parcel 1 on Exhibit A attached hereto dor pazk grid ,• �
t Vr7lal for its:use and
.: y recreational purposes. The District hei eby$tants o the
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occupancy as a Public.Works Facility its 16.7%ofthe piopertyideatified as,� ;_r ' .
,.
Parcel 2 on Ex}ubit A.
_ B. .ne Village may alter or improve the property of the District to be used and?r
occapied by the Village hereunder,at its sole cost and expense,provided the
Village shall restore saidproperty to its condition as of the date hereof;by the
^ end of the term hereof or the end of the lad renewal term hereunder.
C. The Village shall pay all operating expenses,including but not limited to
utilities expense and maintenance and repair expenses,incurred during the
term hereof and any renewal term.
D. The District may improve and grade the turf condition of the Village's
property to be used and occupied by the Park District hereunder and may
make improvements to such property provided such improvements other than
to grade and turf condition are removed from such property by the end of the
term hcrewdcr or the final renewal tem hereunder.
B. The Village and the District hereby mutually and reciprocally indemnify,hold
harmless and agree to defend each other and their respective officers,
commissioners,trustees,employees and volunteers,from and against any and
all claims,liabilities,costs,damages,judgments,suits and expenses(including
reasonable attorneys fees)incurred by or threatened against them,
respectively,on account of bodily injury,personal injury,property damages or
death,arising out of or in connection with the itac or occupancy by any person '
of their respective properties hereunder,to the extent that such liabr'h'ty is not -
attn'butable to the negligence of the indemnified party. .
Section 3. Length of Agreement/Renewal
. A. The exchange of use and occupancy between the Village and the District of
their respective properties as set forth above shall commence on August 1,
2004 and shall be in full force and offect through August 31,2009. The
exchange shall automatically be renewed for one(1)year periods thereafter
unless terminated by either party. To effectuate a termination,a party must
advise the other party no later than January 31'of any renewal year,of its
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. intention to terminate this Agreement as of August 31 of such renewal year.:
Failure to advise the other party by the January 31"date will pi ludo
tennimtion of this Agreement for that year unless the notice provision is waived
. ,
'by the non-terminating party,
Section 4. General Condition
A. Notice. Notice and communications to the District shall be addressod to and -
ddivcred as the following address: ! {
Elk Grove Park District
499 Biesterfield Road
Elk Grove Village,IL 60007
With a copy to:
Thomas 0.Hoffman
Attorney at 4w
11 East Adams St.,Suite 1600
Chicago,IL 60603
Notices and communications to the Village shall be addressed to,•and
delivered at the following address:
Village of Elk Gmvc Village
Village Manager.
901 Wellington Avenue
Elk Grove Village,IL 60007
With a copy to:
Mr.George B.Knickerbocker .
Village of Elk Grove Village--
901
illage_901 Wellington Avenue
Elk Grovo Village,IL 60007 .
_ . B. �imendment. No amendment or modification to this Agreement shall be
. I
effective unless or until such amendment or modification is in writing,
• properly approved in accordance with applicable procedures,and executed
C. Minding_EileeL The terms of this Agreement.shall bind and inure to the
benefit of the parties and their agents,successors and assigns.
06/30/2004 WED 06:55 FAX 0005/005
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D. Taa Eaem�t Status. T'he V e 6d the Park District shall cooperate to
mairitain their real estate taz ekemjp-t status of their itspecti re pro 6.by ' f
ptcpariiug any void all instruments necessary or appropriate,to'cairy out the
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IN WITNESS WIANOILEOF,the Parties have caused this Agreement to be signed
on or before 1he.aito first'statea abo -
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7.
A1'Y' ST: ELK GROVE PARK DISTIUCr,an'
of local government
By: B
Its:, Pinestdent' '. its-
ATOM— VILLAGE OF ELK GROVE,•an Illinois
Home rule municipal corporation
By; Ann I. Walsh gir,. Craig. B. Johnson
jts: Village' Clerk It$: Mayor
i
•
RESOLUTION NO. 04-9
ELK GROVE PARK DISTRICT
A RESOLUTION AUTHORIZING THE PRESIDENT AND SECRETARY TO
EXECUTE AN AGREEMENT FOR THE EXCHANGE OF OCCUPANCY AND USE
OF ELK GROVE VILLAGE AND ELK GROVE PARK DISTRICT PROPERTIES
WHEREAS, the Village of Elk Grove Village ("Village") and the Elk Grove Park
District ("District") each own certain real estate which they have no present need to use
and occupy for their respective purposes; and
WHEREAS, the Village is willing to permit the District to use and occupy an
approximately 1.9 acre parcel of land which the Village owns and which is located north
of Nerge Road and east of Rohlwing Road In Elk Grove Village, in return for the District
permitting the Village to use and occupy the District's 16.7% Interest In the Public Works
Facility south of Biesterfield Road and east of Meacham Road in Elk Grove Village; and
WHEREAS, the Village has submitted the a proposed agreement ("Agreement")
to the District for execution in furtherance of the aforesaid wishes of the Village and the
District; and
WHEREAS, the Park Board finds the preambles contained in Section 1 of the
Agreement to be true and correct and hereby adopts same with the same effect as if set
forth herein In full.
NOW, THEREFORE, BE IT RESOLVED THAT the Elk Grove Park District enter
into the Agreement with the Village forthwith In substantially the form attached hereto as
Exhibit A and that the President and Secretary are hereby authorized and directed to
execute the Agreement on behalf of the Elk Grove Park District-and to return one fully
executed original to the Village and to take or cause to be taken and done all such
actions as may be necessary or convenient to effectuate the intent of this Resolution.
FURTHER RESOLVED that Resolution No. 03-7 adopted by the Board of Park
Commissioners on July 24, 2003 be and the same hereby Is repealed .
PASSED this 8th day of July, 2004.
APPROVED this 8th day of July, 2004.
ADOPTED this 8t' day of July, 2004.
VOTE AYES: Commissioner Souder,6.Commissioner Munes,�.Comiissioner Foster
Commissioner O'Malley, President Cooke
NAYS:
ABSENT:
President
Board of Park Commissioners
Elk Grove Park District
Cook County, Illinois
ATTEST:
Secr to
Board o ark Commissioners
Elk Grove Park District
Cook County, Illinois
i
Public works garage and SBL property exchange resolution
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STATE OF ILLINOIS )
) SS.
COUNTY OF C 0 0 K )
I, RONALD J. NUNES, DO HEREBY CERTIFY that I am the duly elected, qualified
and acting Secretary of the Elk Grove .Park District and of the Board of Park
Commissioners of the Elk Grove Park District; and that I have access to the official
minutes of the meetings of the Board of Park Commissioners and of the Elk Grove Park
District.
DO FURTHER CERTIFY that the above and foregoing is a true and correct copy
(duplicate)of a certain resolution entitled:
RESOLUTION NO, 04-9
ELK GROVE PARK DISTRICT
A RESOLUTION AUTHORIZING THE PRESIDENT AND SECRETARY TO
EXECUTE AN AGREEMENT FOR THE EXCHANGE OF OCCUPANCY AND USE
OF ELK GROVE VILLAGE AND ELK GROVE PARK DISTRICT PROPERTIES
that the foregoing was passed by the Board of Park Commissioners of said Elk Grove
Park District on the 8th day of July, 2004, and was on the same day approved by the
Secretary of the Elk Grove Park District; that the original thereof was filed and recorded in
the office of the Secretary of the Elk Grove Park District of which the foregoing Is a true
copy(duplicate)and is now on file in the office of such Secretary.
GIVEN under my hand and seal of the Elk Grove Park District this 8th day of July, 2004.
Secretary
(SEAL)
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