O-NO#-91 08/12/91Revised
07 -26 -91
M REEMENT BENEFITING GOVERNMENTAL AGENCY
WHEREAS, the Village of Lemont, Illinois, on behalf of itself, its officers, employees
and independent contractors, (the "Village "), through its ordinances or through the
provisions of its annexation agreements has required that developers make contributions
to the Village which the Village, in turn, may make available for other governmental bodies
which are affected by the subdivision improvements; and
WHEREAS, such contributions may be in land or in dollars and when transferred
or paid over to such governmental bodies, inure to the benefit of those governmental bodies
and not entirely to the direct benefit of the Village; and
WHEREAS, from time -to -time within the Village and within other municipalities,
disputes have arisen regarding the validity and amount of such contributions; and
WHEREAS, the Village is willing, at its discretion, to continue seeking the
contribution of land or money but wishes to procure a commitment from other
governmental bodies benefited by the receipt of such contributions that such governmental
bodies will (1) acknowledge that the requirement that such subdivision contributions be
made are totally within the discretion of the Village as to their existence, manner and
amount; (2) the other governmental bodies which benefit from such contributions will
share in the cost of defending a lawsuit which is filed challenging the appropriate amount
of such contributions, the time at which they are to be made or any other aspect of the
contributions; and (3) that the benefited governmental body will comply with the terms of
a final and non - appealable judicial determination by a court of competent jurisdiction
rendered in connection with such lawsuit; and
WHEREAS, the Village is only willing, in its discretion, to pay over or require
contributions to other governmental bodies which execute this agreement.
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NOW, THEREFORE, IT IS AGREED between the Village on behalf of itself and its
officers, employees and independent contractors, and , a
governmental body within the State of Illinois, (the "Benefiting Government "), and in
consideration for the payment of monies or the transfer of the land to the Benefiting
Government, which the Village from time -to -time may within its discretion cause to be
made by subdividing developers, the Benefiting Government does hereby agree, as follows:
1. The Benefiting Government acknowledges that, except as otherwise provided in
the Village's ordinances and /or annexation agreements, the Village is not obligated to
cause, but has the power to cause and has exercised such power to cause, the payment of
money or the transference of land to the Benefiting Government. The Benefiting
Government recognizes that the Village may, at its sole discretion, amend its ordinances
or annexation agreements or its practices so as to discontinue the payment of subdivision
contributions to the Benefiting Government.
2. (a) In the event a lawsuit is hereafter filed against the Village, the Benefiting
Government and /or others, by a subdividing developer or any other person, corporation
or entity which challenges the appropriateness, the amount, the timing, or any other aspect
of a subdivision contribution which, pursuant to the terms of the Village's ordinances or
annexation agreements, has been paid or is due to the Benefiting Government, then the
Benefiting Government does hereby agree to pay its proportionate share of the costs and
litigation expenses (including reasonable attorneys' fees) incurred in defending such
lawsuit. For purposes of this Agreement, the Benefiting Government's proportionate share
of the foregoing costs and expenses shall be determined by multiplying the total and /or
periodic installments of such costs and expenses, as appropriate, by a fraction, the
denominator of which is the total dollar value of all cash and land contributions at issue
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in the subject lawsuit and the numerator of which shall be the total dollar value of all cash
and land contributions which, but for the challenge represented by the subject lawsuit,
would be due the Benefiting Government. The Benefiting Government's proportionate
share of such costs and expenses shall be paid by the Benefiting Government when and as
Incurred by the Village but In no event more than once a month. As a condition precedent
to the payment of such costs and expenses, the Village shall submit to the Benefiting
Government copies of the original statements reflecting the costs and expenses, together
with such supporting documentation as may be reasonably requested by the Benefiting
Government.
(b) The Village covenants and agrees that it shall employ competent and
skilled legal counsel to represent the Benefiting Government and the Village, and further
covenants and agrees that it shall keep the Benefiting Government fully advised as to the
progress and status of the litigation. In particular, the Village shall provide to the
Benefiting Government copies of all pleadings filed in the litigation and shall regularly
consult (and shall cause its attorneys to consult regularly) with the Benefiting Government
or its attorneys, as applicable, as to the strategy for defending the lawsuit. In no event may
such litigation be compromised or settled by the Village without at least thirty (30) days
prior written notice to the Benefiting Government. In the event that the Benefiting
Government decides that it would prefer to be represented in the litigation by legal counsel
of its own choosing, then the Benefiting Government shall be free to retain its own legal
counsel for such purpose and to intervene in the litigation. In the event the Benefiting
Government shall intervene in the litigation, such Benefiting Government shall assume all
costs of the litigation and indemnify and hold harmless the Village from any and all costs,
expenses and damages in relation thereto; provided, however, that the Benefiting
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Government shall nevertheless, still be liable for all sums which have theretofore accrued
pursuant to the foregoing Subparagraph (a) and which remain due and owing from the
Benefiting Government to the Village.
3. In the event that a final and nonappealable judicial determination is made by
a court of competent jurisdiction that contributions of land or money received by the
Benefiting Government are, in whole or in part, excessive, the Benefiting Government shall
promptly repay to the person who procures such a judgment against the Village or the
Benefiting Government, together with such other amounts judged by the court to be owning
from the Benefiting Government. Provided, however, that in the event that a judicial
determination should require the payment of damages or for the attorneys' fees of the
plaintiff's attorneys, in addition to the return of contributions held to be excessive, the
Benefiting Government shall pay a proportional share of such additional amounts in the
same manner as is provided in Section 2(a).
4. In further consideration of the continued payment by the Village to the Benefiting
Government of the subject contributions of land or monies, the Benefiting Government
agrees that its obligations under Paragraphs 2 and 3 of this Agreement shall extend to both
past and future cash and land contributions.
5. On or before June 1st of each year, every Benefiting Government which receives
payments from the Village under this Agreement shall submit a report to the Village
describing the manner in which such payments have been utilized. Where this Agreement
provides that monies turned over to Benefiting Governments are to be used for a specific
purpose or within a specific time period, the report shall address those issues. If the
Benefiting Government should fail to file such a report with the Village, the Village may
delay the payment of any additional funds due the Benefiting Government until such time
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as a full report containing adequate information is transmitted to the Village.
6. This Agreement shall be terminable by either party for any reason or no reason
upon thirty (30) days prior written notice to the other evidencing the intention to so
terminate this Agreement. But the termination of this Agreement shall not affect the
continuing obligation of the Benefiting Government or the Village with regard to claims or
damages allegedly arising out of the Village's efforts prior to the termination to collect or
the actual collection of subdivision contributions.
Dated this day of , 1991.
VILLAGE OF LEMONT BENEFITING GOVERNMENT
seph Forzley, President title:
ATTEST: ATTEST:
..; Vii.' 1 / .//f.� /
arlene Smollen, Clerk Title:
B: \VILLAGE \BENEFITI.GOV
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