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HomeMy WebLinkAboutRESOLUTION - 65-19 - 11/19/2019 - Agreement between Elk Grove Village and Elk Grove Park DIstrict Udall ParkRESOLUTION NO.65-19 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AND THE ELK GROVE PARK DISTRICT FOR TRANSFER OF REAL ESTATE (UDALL PARK) 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 BY AND BETWEEN THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AND THE ELK GROVE PARK DISTRICT FOR TRANSFER OF REAL ESTATE 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 19' day of November 2019. APPROVED this 191h day of November 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE VILLAGE OF ELK GROVE, ILLINOIS AND THE ELK GROVE PARK DISTRICT FOR TRANSFER OF REAL ESTATE This Intergovernmental Agreement (this "Agreement") entered into this /1 04 day of by and between the Village of Elk Grove, Illinois, a municipal corporation ("Village") and the Elk Grove Park District, a municipal corporation (Park District) (collectively referred to as the "Parties"). PREAMBLES: WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970 authorizes units of local government to contract or otherwise associate among themselves to share services and to exercise, combine or transfer any power or function in any manner not otherwise prohibited by law; and, WHEREAS, the Village is a home rule municipality pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970 with the authority to exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt; and, WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq, provides, in part, that any power, privilege, function or authority exercised or which may be exercised by a public agency of the State of Illinois may be exercised, combined, transferred and enjoyed jointly with any other public agency or any other state of the United States to the extent not specifically or expressly prohibited by law; and WHEREAS, the Village owns real estate located at the Rotary Green in Elk Grove Village, (legally described in Exhibit A and hereinafter described as "Village Property"); and WHEREAS, the Park District owns real estate identified as Udall Park in, Elk Grove Village, (legally described in Exhibit B and hereinafter described as "Park District Property"); and WHEREAS, the Parties desire that a portion of the said Park District Property be conveyed to the Village in consideration of the Village extending its parking lot on the Village Property to benefit the Park District's use of adjacent property, which property is used for public purposes; and WHEREAS, this Intergovernmental Agreement has been authorized by a resolution approved by a vote of 2/3 of the members of the Village's and Park District's Corporate Authorities. NOW THEREFORE, in consideration of the promises and the mutual covenants, conditions and agreements hereinafter set forth, the adequacy and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: Section 1. The foregoing Preambles are hereby incorporated into this Intergovernmental Agreement as if fully restated in this section. Section 2. The Park District declares it is necessary or convenient for it to have access to and use the extended parking lot to be built on the Village Property. Section 3. The Village declares it is necessary or convenient for it to use, occupy or improve a portion of the Park District Property for public purposes, or cause the use, occupancy or improvement of the Park District Property for public purposes. Section 4. The Park District President is hereby authorized to sign an instrument of conveyance, attested to by the Park District Secretary and sealed with the Park District seal conveying the designated portion of Park District Property to the Village subject to the terms hereof and further subject to compliance with the Local Government Property 2 Transfer Act. The designated portion shall be approximately a 3600 square foot area plus an access easement to said area, to be located in an area mutually agreed upon by the parties. Section 5. The Park District will provide the Village with title insurance at the Village's expense, issued by Chicago Title Insurance Company (the "Title Company"), insuring title to the property to be conveyed in an amount of ten thousand dollars ($10,000.00) (the "Village Title Policy"). The conveyance to the Village as contemplated herein will be via a Special Warranty Deed, and will be subject to those Schedule B exceptions set forth in the Title Commitment and those matters shown on the survey of the property, which survey shall be ordered by and paid for by the Village. if a new or revised survey is required in order to obtain extended coverage for the Village Title Policy, then the Village will be responsible for providing the same (to the extent the Village desires extended coverage). The base premium for the Village Title Policy and any endorsement thereto will be paid by the Village. Section 6. The Closing of this transaction contemplated by this Agreement shall occur, to the extent possible, within sixty (60) days after the date of this Agreement. The Closing will be done through an escrow with the Title Company, the cost of such escrow as well as applicable recording fees shall be paid by the Village. Section 7. The Village agrees to increase the size of its parking lot at the Rotary Green to provide approximately forty-six (46) additional parking spaces, which increase provides substantial beii2fii to the Park District for Park District facilities located add --cent to or in close proximity to said parking lot. The Park District will pay one hundred thousand dollars ($100,000.00) of the cost of the parking lot construction with the Village providing payment for the balance of all of the construction costs. 3 Section 8. This Agreement contains all of the terms and conditions agreed upon by the Parties hereto. Section 9. This Agreement cannot be amended or terminated except by written instrument signed by all the Parties hereto. Section 10. This Agreement may be executed in multiple counterparts, each of which shall constitute one and the same instrument. [Signature Page Follows] IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on or as of the day and year first above written. Village of Elk Grove, a municipal corporation IM Attest; Village Clerk Mayor Elk Grove Park District, a municipal corporation President Attest; Secretary