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Home My WebLink AboutRESOLUTION - 60-17 - 11/14/2017 - Intergovernmental Agreement DuPage RESOLUTION NO. 60-17 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF ELK GROVE VILLAGE 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 document marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE 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 document 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 14th day of November 2017. APPROVED this 14th day of November 2017. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy,Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF DUPAGE AND THE VILLAGE OF ELK GROVE VILLAGE This INTERGOVERNMENTAL AGREEMENT (hereinafter referred to as the "AGREEMENT") is entered into this /— day of � 1,e r- , 2017, by and between the COUNTY OF DUPAGE, a body politic and corporate of the State of Illinois, (hereinafter called "COUNTY") and THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois, hereinafter called the "VILLAGE", individually referred to as"PARTY", and collectively referred to as"PARTIES". WITNESSETH: WHEREAS, within the VILLAGE limits, the COUNTY has agreed to assume right of way ownership and jurisdiction of the north frontage road along Illinois Route 390 from Wood Dale Road to Illinois Route 83 (to be known in its entirety as North Thorndale Avenue,County Highway 60)on or before November 1, 2017; and WHEREAS, the COUNTY's customary practice is to own designated COUNTY Highway underlying right of way, including at locations where a COUNTY roadway intersects with a local roadway; and WHEREAS, the VILLAGE owns right of way at the intersection of North Thorndale Avenue and Lively Boulevard; and WHEREAS, the COUNTY is desirous of acquiring the property interests located at the intersection of North Thorndale Avenue and Lively Boulevard from the VILLAGE for the COUNTY's ultimate highway maintenance and jurisdiction of North Thorndale Avenue; and WHEREAS, the VILLAGE agrees to transfer or convey the right of way at the intersection of North Thorndale Avenue and Lively Boulevard to the COUNTY at no cost; and WHEREAS, the purpose of this AGREEMENT is to document the transfer of right of way from the VILLAGE to the COUNTY; and WHEREAS, the COUNTY as set forth in the"Counties Code," 55 ILCS 511-1001 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, the VILLAGE by virtue of its powers as set forth in the "Illinois Municipal Code," 65 ILCS 511-1-1 et seq. is authorized to enter into this AGREEMENT; and 1 WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq. NOW, THEREFORE, in consideration of the above stated recitals, the mutual covenants contained herein and for good and valuable consideration, the sufficiency of which is agreed to by the PARTIES hereto, the PARTIES covenant, agree and bind them as follows: L RECITALS A. The PARTIES hereto agree that the recitals included above are incorporated into and made a part of this AGREEMENT. II. RIGHT OF WAY A. The parcel shall be transferred or conveyed by the VILLAGE to the COUNTY on or before November 1, 2017, or an alternate date mutually agreed upon by both PARTIES, subject to and based upon the actual date the COUNTY assumes jurisdiction of North Thorndale Avenue, and said parcel is depicted on "EXHIBIT A", attached hereto and incorporated into and made a part of this AGREEMENT. B. The COUNTY shall provide the legal descriptions for the parcel owned by the VILLAGE to be transferred to the COUNTY at no cost to the VILLAGE. C. The VILLAGE agrees to convey fee simple title to the parcel shown on EXHIBIT A, or any lesser property interest in such properties as may be required, to the COUNTY. D. All land conveyances referenced in this AGREEMENT to be tendered in a form that is acceptable for recordation. E. The COUNTY shall record all deeds and any other documents that must be recorded and provide copies to the VILLAGE. III. UTILITIES A. The VILLAGE will provide available electronic information for existing VILLAGE owned utilities, located within the parcel to be transferred to the COUNTY. B. Upon the parcel being transferred to the COUNTY, the VILLAGE agrees that all subsequent maintenance, repairs or modifications to VILLAGE owned utility facilities will require that permits be issued in accordance with the COUNTY's then current Permit Ordinance. 2 IV. FINANCIAL A. The VILLAGE agrees to transfer the property shown on EXHIBIT A and described in this AGREEMENT to the COUNTY without cash consideration. V. GENERAL PROVISIONS A. It is understood and agreed that this is an AGREEMENT between the COUNTY and the VILLAGE. B. Wherever in this AGREEMENT approval or review by any of the PARTIES is provided for, said approval or review shall not be unreasonably delayed or withheld. C. It is understood and agreed that this AGREEMENT constitutes the complete and exclusive statement of the agreement of the PARTIES relative to the subject matter hereof as it relates specifically to conveyance of the parcels depicted on EXHIBIT A and supersedes all previous oral and written proposals, negotiations, representations or understandings concerning such subject matter as it relates specifically to conveyance of the parcels depicted on EXHIBIT A. D. In the event of a dispute between the PARTIES in the carrying out of the terms of this AGREEMENT, the Director of Transportation/County Engineer of the COUNTY and the Director of Public Works of the VILLAGE shall meet and resolve the issue. In the event that they cannot mutually agree on the resolution of a dispute concerning carrying out of the terms of this AGREEMENT,the decision of the Director of Transportation/County Engineer shall be final. E. This AGREEMENT may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. F. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. G. The failure by the VILLAGE or the COUNTY to seek redress for violation of or to insist upon the strict performance of any condition or covenant of this AGREEMENT shall not constitute a waiver of any such breach or subsequent breach of such covenants, terms, conditions, rights and remedies. No provision of this AGREEMENT shall be deemed waived by the VILLAGE or the COUNTY unless such provision is waived in writing. H. Under penalties of perjury, the COUNTY certifies that its correct Federal Tax Identification number is 36-6006551 and it is doing business as a governmental entity, whose mailing address is The DuPage County Division of Transportation, 3 Jack T. Knuepfer Administration Building, 421 North County Farm Road, Wheaton, Illinois 60187. L Under penalties of perjury, the VILLAGE certifies that its correct Federal Tax Identification number is 36-6009201 and it is doing business as a governmental entity, whose mailing address is The Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois 60007. J. It is agreed that the laws of the State of Illinois shall apply to this AGREEMENT and that, in the event of litigation,venue shall lie in DuPage County, Illinois. K. All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To the COUNTY: The DuPage County Division of Transportation Jack T. Knuepfer Administration Building 421 North County Farm Road Wheaton, Illinois 60187 Attn: Director of Transportation/County Engineer To ELK GROVE: The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager L. The PARTIES agree to maintain books and records related to the performance of this AGREEMENT for a minimum of three (3) years from the last action on the AGREEMENT or for such longer period as the law requires. (This section intentionally left blank) 4 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE VILLAGE OF ELK GROVE VILLAGE By;112 ro/ I a, 7 , Attest: Craig 11. Johnson, Mayor Date: (Please Print Name) COUNTY OF DUPAGE By: Attest: Daniel J. Cronin, Chairman Paul Hinds, County Clerk DuPage County Board Date: 5 Elgin O'Hare Western Access UkIVifJy r CD LEGEND `G Du Page County Proposed ROW WElk Grove Village Owned Right-of- d Way to be Transferred to DuPage County i 1 I4� 1 f I • 1 71 North Thorndale Avenue I ILLINOIS I 390 ' 0 zs as mo jExhi:bit]AElk LLI NOES�} Frontage Roa'90 I Au