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R-25-09 Res. Intergovt Agrmt Township for Quarry PropertyRESOLUTION A RESOULTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH LEMONT TOWNSHIP FOR MAINTENANCE AND POLICE SERVICES ON TOWNSHIP QUARRY RECREATIONAL PROPERTY WHEREAS, the Village of Lemont seeks to enter into an Intergovernmental Agreement with the Lemont Township for Maintenance and Police Services on the Township Recreational Property; and WHEREAS, the Village of Lemont and the Lemont Township have negotiated an agreement which would provide the terms and conditions of this service. NOW, THEREFORE BE IT RESOLVED by the Village President and Board of Trustees of the Village of Lemont that the Village President is authorized to execute the Agreement with Lemont Township, attached hereto as exhibit A. The Village Clerk of the Village of Lemont shall certify to the adoption of this Ordinance and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this Day of 1 , 2009. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT V V V v CHARLENE SMOLLEN, Village Clerk JOHN ' . PIAZZA, Vill VI INTERGOVERNMENAL AGREEMENT FOR MAINTENANCE AND POLICE SERVICES ON TOWNSHIP QUARRY RECREATIONAL PROPERTY THIS INTERGOVERNMENTAL AGREEMENT is made this day of 2009 ( "Effective Date "), by and between the Village of Lemont (the "Village "), and Lemont Township (the "Township "). The Village and the Township are sometime referred to collectively as the "Parties ". RECITALS: A. The Township is the fee owner of certain parcels of land legally described on Exhibit A and generally located adjacent to certain portions of the Illinois and Michigan Canal Corridor, in Cook County, Illinois, which property comprises approximately 50 acres (hereinafter "Subject Property "); and B. The Township acquired the Subject Property for open space and recreational purposes pursuant to the Lemont Township Open Space Plan, as authorized by and in accordance with the Illinois Township Code; and C. The Township agreed to acquire the Subject Property after first receiving assurances from the Village that the Village would enter into an Intergovernmental Agreement to maintain the Subject Property and assume liability and indemnify the Township in connection with Village uses of the Subject Property; and D. Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize and encourage units of local government to enter into intergovernmental agreements; and E. It is the understanding of the Parties that the use and development of the Subject Property may be the subject of future intergovernmental agreements after negotiations between the Village, the Township and the Lemont Township Park District. F. The Parties have determined that it is in the public interest for the Village to assume certain maintenance and management responsibilities with respect to the Subject Property, which maintenance and management responsibilities can be more efficiently performed by the Village, and to set forth the respective duties and responsibilities of the Parties as they relate to the Subject Property. AGREEMENT NOW, THEREFORE, as consideration for the Township's acquisition of the Subject Property, and for the respective representations, warranties, agreements, covenants and conditions herein contained, and other good and valuable consideration, Village and Township agree as follows: 1.01 though fully 1.02 incorporated ARTICLE I RECITALS, EXHIBITS AND EFFECTIVE DATE RECITALS. The Recitals set forth above and incorporated into this Article I as set forth herein. EXHIBITS. This Agreement, includes the following exhibits, each of which are herein by this reference: Exhibit A: Legal Description and PINS for Subject Property Exhibit B: Plat of Survey — May 2008 Exhibit C: Plat of Survey for Icebox Quarry Property 1.03 EFFECTIVE DATE. The date set forth in the heading of this Agreement. ARTICLE II MAINTENANCE OF SUBJECT PROPERTY 2.01 The Parties agree that maintenance of the Subject Property is necessary and desirable to ensure that the Subject Property is a safe, attractive and user friendly location for Village and Township residents and for the general public. 2.02 The Village agrees, at its own expense, to keep the Subject Property in a reasonably safe, attractive, clean and useable condition and to perform all such maintenance as may be reasonably necessary in order to keep the Subject Property in such a condition. Such maintenance shall be performed in accordance with standard and routine maintenance of other Village park and recreational areas. Maintenance responsibilities shall include, but not be limited to: (1) mowing lawns; (2) trimming and cutting any trees or vegetation that may from time to time obstruct pedestrian or vehicle paths, common areas, parking lots, ways or roads; (3) removing litter, food waste or refuse that may from time to time become deposited on the Subject Property or in bodies of water located on the Subject Property; (4) removing litter, food waste or refuse that is or becomes deposited in any trash receptacles or trash bins that are or may become located throughout the Subject Property; and (5) repairing any areas that after this agreement become hazardous or dangerous to users. 2.03 The Village agrees to designate an employee(s) or contact person(s) who may be contacted by users of the Subject Property or the Township in order to report maintenance that needs to be performed or to inform the Village of hazardous conditions on the Subject Property. The contact person shall be reasonably available during regular business hours and the Village shall maintain a means for messages to be left for the contact person during non - business hours. 2.04 In order to ensure the safety of the public, the Village shall have the authority to temporarily close areas of the Subject Property to public users or otherwise limit access, in order to perform its maintenance responsibilities pursuant to this Agreement. 2 2.05 In performing its maintenance responsibilities, the Village shall not construct any improvements on the Subject Property without first obtaining the written consent of the Township, which consent may be withheld in the sole discretion of the Township. ARTICLE III POLICE PROTECTION 3.01 Except as otherwise specifically provided in this Agreement, the Village shall have all power and authority to enforce State and Federal law and Village and Township ordinances and regulations on the Subject Property, and shall enforce said laws, ordinances and regulations in the same manner and consistent with its enforcement of laws, ordinances and regulations on the property currently within the police jurisdiction of the Village. 3.02 The Village police personnel that perform police /law enforcement services on the Subject Property shall be designated and controlled by the Village Chief of Police, and their methods of performance and duties with respect to the Subject Property shall be subject to the control and discretion of the Village Chief of Police in the same manner as all other Village police personnel. 3.03 The Township may from time to time request that the Village consider concentration of police patrols or police personnel at a certain area of the Subject Property or during certain times of day, or that a specific problem or concern in the Subject Property be addressed, and the Village agrees to make reasonable efforts to comply with these requests. Except for emergencies, only the Township Supervisor shall communicate requests /concerns to the Village Chief of Police. 3.04 The Township agrees to provide timely notice to the Village of any rules or regulations that are adopted by the Township for the Subject Property or that concern the Subject Property. Until specific rules or regulations are adopted by the Township for the Subject Property, the rules and regulations of general applicability to Village parks and recreational areas shall be deemed to apply to the Subject Property. ARTICLE IV INDEMNITY FOR VILLAGE RECREATIONAL USES 4.01 It is the understanding of the Parties that the use and development of the Subject Property may be the subject of future intergovernmental agreements between the Village, the Township and the Lemont Township Park District. The Parties further understand that the Township may from time to time permit the Village to use the Subject Property for recreational programs or uses. In the event the Village utilizes the Subject Property for recreational uses or other purposes and if no other intergovernmental agreement provision is applicable, the Village shall indemnify, defend and hold the Township harmless from and against all claims, costs, losses, damages, expenses and liabilities (including, without limitation, reasonable attorney's fees and costs) incurred by the Township and arising out of or from the Village's use of the Subject Property for recreational or other purposes. 3 ARTICLE V REPRESENTATIONS OF AUTHORIZATION 5.01 Authorization of the Village. To induce the Township to execute, deliver and perform this Agreement the Village represents and warrants to the Township that the Village has full capacity, right, power and authority to execute, deliver and perform this Agreement, and all required action and approvals therefore have been duly taken and obtained. 5.02 Authorization of the Township. To induce the Village to execute, deliver and perform this Agreement the Township represents and warrants to the Village that the Township has full capacity, right, power and authority to execute, deliver and perform this Agreement, and all required action and approvals therefore have been duly taken and obtained. ARTICLE VI NOTICES 6.01 Notices. Any notice, request, demand, instruction or other document to be given or served hereunder shall be in writing and shall be delivered personally with a receipt requested therefore or by fax or sent by recognized overnight courier service or by United Stated registered or certified mail, return receipt requested, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same shall be effective (a) upon receipt or refusal if delivered personally or by fax; (b) one (1) business day after depositing with such an overnight courier service or (c) two (2) business days after deposit in the mails if mailed. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. If to Township: Lemont Township Attention: Steve Rosendahl Lemont Township Supervisor 1115 Warner Avenue Lemont, IL 60439 Phone: (630) 257 -2522 Fax: (630) 257 -1219 With a copy to: Robbins, Schwartz Nicholas, Lifton & Taylor, Ltd. Attention: Neal Smith 179 N. Chicago Street Joliet, Illinois 60432 Phone: (815) 722 -6560 Fax: (815) 722 -0450 If to Village: Village of Lemont Attn: Village President 418 Main Street Lemont, IL 60439 4 Phone: (630) 257 -1550 Fax: (630) 243 -0958 With a copy to: John Antonopoulos Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, IL 60439 Phone: (630) 257 -5816 Fax: (630) 257 -8619 ARTICLE VII ENTIRE AGREEMENT, AMENDMENTS AND WAIVERS 7.01 Entire Agreement, Amendments and Waivers. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and the same may not be amended, modified or discharged nor may any of its terms be waived except by an instrument in writing signed by the party to be bound thereby. ARTICLE VIII MISCELLANEOUS 8.01 Miscellaneous (a) The headings and captions herein are inserted for convenient reference only and the same shall not limit or construe the paragraphs or sections to which they apply or otherwise affect the interpretation hereof. (b) This Agreement and any document or instrument executed pursuant hereto may be executed in any number of counterparts each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) This Agreement shall be governed by and constructed in accordance with the laws of State of Illinois. (d) Neither the Village nor the Township shall avail itself of any remedy granted to it hereunder based upon an alleged default of the other party hereunder unless and until written notice of the alleged default, in reasonable detail, has been delivered to the defaulting party by the non- defaulting party and the alleged default has not been cured on or before 5:00 p.m., Central Standard Time, on the fifth (5th) day next following delivery of said notice of default. (e) This Agreement shall not be constructed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared 5 primarily by counsel for on of the parties, it being recognized that both Township and Village have contributed substantially and materially to the preparation of the this Agreement. IN WITNESS WHREOF, this Agreement has been executed and delivered by the Village and the Township on the respective dates set forth beneath each of their signatures. LEMONT TOWNSHIP THE VILLAGE OF LEMONT By: By: Printed Name: Printed ame: Title: Title: 1I. lieu f- e,y-1 6 4..111 Date: Date: Lk ._ u 6 EXHIBIT A LEGAL DESCRIPTION ALL THAT PART OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF THE NORTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL AND SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 400 FEET NORTHERLY OF THE SAID NORTHERLY LINE OF THE NORTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL, ALL IN COOK COUNTY, ILLINOIS. PIN # 22 -21- 200 - 048 -0000 22 -21- 200 - 049 -0000 22 -21- 200 - 050 -0000 22 -21- 200 - 051 -0000 22 -21- 200 -052 -0000 22 -21- 200 - 053 -0000 22 -21- 200 - 054 -0000 22 -21- 200 - 055 -0000 22 -21- 200 - 056 -0000 22 -21- 200 - 057 -0000 22 -21- 200 - 058 -0000 22 -21- 200 - 059 -0000 22 -21- 200 - 060 -0000 22 -21- 200 -061 -0000 22 -21- 200 - 062 -0000 22 -21- 200- 063 -0000 22 -21- 200 - 064 -0000 22 -21- 200 - 065 -0000 22 -21- 200 - 066 -0000 22 -21- 200 - 067 -0000 22 -21- 200 - 068 -0000 22 -21- 200 - 069 -0000 22 -21- 200 - 070 -0000 22 -21- 200 - 071 -0000 22 -21- 200 - 072 -0000 22 -21- 200 - 073 -0000 22 -21- 200 - 074 -0000 22 -21- 200 - 075 -0000 THE PART OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE RIGHT -OF- WAY OF THE CHICAGO AND ALTON RAILROAD COMPANY THROUGH SAID NORTHEAST '/; LYING NORTHERLY OF THE NORTHERLY LINE LANDS, AS DESCRIBED IN DOCUMENT No. 1875821 IN BOOK 4339, PAGE 170; LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE SOUTHMOST 90 -FOOT RESERVE OF THE ILLINOIS AND MICHIGAN CANAL, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED 7 PROPERTY LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHEAST VI OF SAID SECTION 21 AND THE NORTHERLY RIGHT -OF -WAY LINE OF SAID CHICAGO AND ALTON RAILROAD COMPANY; THENCE SOUTH 65 DEGREES 10 MINUTES 04 SECONDS WEST ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF CHICAGO AND ALTON RAILROAD 1130.00 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 12 DEGREES 51 MINUTES 21 SECONDS WEST 190.00 FEET; THENCE NORTH 33 DEGREES 38 MINUTES 13 SECONDS EAST 53.00 FEET; THENCE NORTH 16 DEGREES 01 MINUTES 08 SECONDS WEST 105.00 FEET; THENCE NORTH 41 DEGREES 28 MINUTES 15 SECONDS WEST 143.66 FEET TO THE SOUTHERLY LINE OF THE SOUTHMOST 90- FOOT RESERVE OF THE ILLINOIS AND MICHIGAN CANAL AND THERE TERMINATING, ALL IN COOK COUNTY, ILLINOIS. PIN # 22 -21- 200 - 005 -0000 22 -21- 200 - 006 -0000 ICEBOX QUARRY PARCEL: THAT PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY AND THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 21; THENCE NORTH 0 DEGREES 05 MINUTES 35 SECONDS WEST ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 21, 508.63 FEET TO THE SOUTHERLY LINE OF THE SOUTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL; THENCE SOUTH 68 DEGREES 20 MINUTES 10 SECONDS WEST ALONG THE SOUTHERLY LINE OF THE SOUTHERLY 90 FOOT RESERVE STRIP 591.00 FEET; THENCE SOUTH 48 DEGREES 43 MINUTES 48 SECONDS EAST, 521.37 FEET TO A POINT ON THE NORTHERLY LINE OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY THAT IS 167.00 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING (AS MEASURED ALONG THE NORTHERLY RIGHT OF WAY LINE); THENCE NORTH 71 DEGREES 20 MINUTES 07 SECONDS EAST ALONG THE NORTHERLY LINE OF THE RAILROAD RIGHT OF WAY 167.00 FEET TO THE POINT OF BEGINNING, CONTAINING 4.0737 ACRES, IN COOK COUNTY, ILLINOIS. PIN # 22 -21 -100- 018 -0000 (only portion of PIN) 8 EXHIBIT B SURVEY 9 EXHIBIT C SURVEY OF ICEBOX QUARRY PROPERTY 10