R-90-05 Approving Intergovernmental Agreement Between Village of Lemont And Lemont Bromberek Combined School District 113A For Exchange of Real EstateRESOLUTION NO. R- qU - 5
RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT
BETWEEN VILLAGE OF LEMONT
AND LEMONT BROMBEREK COMBINED SCHOOL DISTRICT 113A
FOR EXCHANGE OF REAL ESTATE
WHEREAS, The Village of Lemont seeks to enter into an Agreement with Lemont
Bromberek Combined School District 113A for Exchange of Real Estate for the mutual benefit of
these two governmental agencies;
WHEREAS, The Agreement attached hereto as Exhibit A outlines the terms and conditions
of the Intergovernmental Agreement for Exchange of Real Estate.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont, Cook, DuPage and Will Counties, Illinois, as follows:
SECTION ONE:
That the Board hereby adopts the recitals set forth in the attached Agreement between
Village of Lemont and Lemont Bromberek Combined School District 113A.
SECTION TWO:
That the Agreement attached hereto as Exhibit A is hereby approved by the Board of
Trustees.
SECTION THREE:
That the Village President is hereby authorized and directed to execute said Agreement in
substantially the form attached hereto.
SECTION FOUR:
That all ordinances and resolutions or parts thereof in conflict with the provisions of the
Resolution shall be and they are hereby repealed.
SECTION FIVE:
That this Resolution is effective from and after is passage and publication in the manner
provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS
on this 19th day of December , 2005.
Debby Blatzer
Peter Coules
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
JOHN F. PI ZA, Village Presi
CHARLENE SMOLLEN, Village Clerk
INTERGOVERNMENTAL AGREEMENT FOR
EXCHANGE OF REAL ESTATE
THIS AGREEMENT, made and entered into on this day set forth next to the
signatures of the parties hereto, by and between the VILLAGE OF LEMONT, an Illinois municipal
corporation ( "Village) and the BOARD OF EDUCATION OF LEMONT - BROMBEREK
COMBINED SCHOOL DISTRICT 113A, a body politic hereinafter sometimes referred to as
( "Board of Education ").
WITNESSETH:
WHEREAS, the Illinois Constitution, 1970, Article 7, Section 16, authorizes units
of local government to contract or otherwise associate among themselves in any manner not
prohibited by law or by ordinance; and
WHEREAS, the 5 ILCS 220/1 et seq., entitled the "Intergovernmental Cooperation
Act," provides that any power or powers, privileges or authority exercised or which maybe exercised
by a unit of local government of this State may be exercised and enjoyed jointly with any other local
government; and
WHEREAS, the Local Governmental Property Transfer Act, 50 ILCS 605/0.01 et.
seq. Article 5 of the Illinois School Code, permits the transfer of school district property to a local
municipality; and
WHEREAS, the Village of Lemont is desirous of acquiring certain real estate owned
by the Board of Education commonly known as the `Bowl" for flood control; and
WHEREAS, the Board of Education has determined that the property commonly
known as the Bowl adjacent to Central School of Lemont, Illinois (legally described on Exhibit "A"
attached hereto and made a part hereof) is unnecessary, unsuitable or inconvenient for further use
as a school for the uses of the Board of Education; and
WHEREAS, the Board of Education has additional, future developmental needs to
manage the facilities and develop facilities to accommodate growth that require cooperative efforts
with the Village of Lemont; and
WHEREAS, the Board of Education and Village Board wish to collaborate to meet
the needs of the Village and the needs of the Board of Education, these public bodies have agreed
to enter into an Intergovernmental Agreement to transfer property and to assist in future planning to
assist with school district growth, now therefore be it resolved by this Board of Education
NOW, THEREFORE, in consideration of the foregoing Recitals and the covenants
and conditions hereinafter contained, the adequacy and sufficiency of which the parties hereto hereby
acknowledge; the parties hereby mutually agree as follows:
1
1. That the Board of Education does hereby agree to convey by deed the `Bowl"
located adjacent to Central School, which includes the access roadway, and
will be conveyed to the Village of Lemont as delineated on Exhibit "A" for
a nominal consideration of One Dollar ($1.00) and certain easement rights to
Village owned property hereinafter referred to as the "One Rod Road ".
2. The Village hereby grants to Board of Education a permanent easement over
and across the "One Rod Road" legally described on Exhibit `B" (which is
attached hereto and made a part hereof) located adjacent to the Old Quarry
School, Lemont, Illinois.
3. As further consideration for the conveyance of the "Bowl" property to the
Village, the parties agree to cooperate and execute any documents necessary
to effectuate the following:
a) Annexation of the District 113A property at 131 s` and Derby Road
and require developers to extend utilities to the 1315` site;
b) Support zoning amendments to allow the former District 113A bus lot
(three lots) on Czacki Street adjacent to the Central School for
purposes of sale; and
c) The Village will maintain and resurface the lower Central School
parking area, including walkway at the "Bowl" as needed for future
community and school use. The School District shall have unlimited
access to the roadway /lot for parking and use of the Bowl area for
recreational purposes.
4. The parties agree to hold harmless, indemnify and defend each other from any
and all claims, demands, liabilities, and suits in law or in equity that may
arise from or out of the performance of this Agreement.
5. This Agreement shall be binding upon and inure to the benefit of any
successor governmental legal entity which may assume and perform the
duties of either party hereto. Notwithstanding the foregoing, this Agreement
shall not be assigned by either party hereto without the prior written consent
of the other party to this Agreement.
6. The invalidity of any provisions of this Agreement shall not impair the
validity of any other provisions. If any provision of this Agreement is
determined by a court of competent jurisdiction to be unenforceable, that
provision severed or as modified by the court.
7. This Agreement sets forth the entire understanding of the parties, and may
only be amended, modified or terminated by a written instrument signed by
the parties.
8. This Agreement shall be interpreted and construed in accordance with the
laws of the State of Illinois
9. All notices hereunder shall be in writing and must be served either personally
or by registered or certified mail to:
a. Village at: Village of Lemont
418 Main Street
Lemont, Illinois 60439
Attn: Village Administrator
b. Board of Education: Lemont Bromberek Combined School
District. 113A
16100 W. 127th Street
Lemont, Illinois 60439
Attn: Superintendent
c. To such other persons or place which either party hereto by its prior
written notice shall designate for notice to it from the other party
hereto.
10. This Agreement is executed in multiple counterparts, each of which shall be
deemed to be and shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
Q day of December, 2005.
Attest:
Shim,
Char ene Smollen, Village Clerk
VILLAGE OF LEMONT, an Illinois
Municipal Corporation
B
ohn Piazza, ' illag resident
TRUSTEES OF LEMONT BROMBEREK
COMBINED SCHOOL DISTRICT 113A
By:
By:
C: /my documents /coleen /agreements /intergovernmental agreement, bowl
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