R-281-93 Authorizing adoption of an intergovernmental agreement for erection of a salt storage facilityITEM VI.B.l
RESOLUTION c.?4:52/
RESOLUTION AUTHORIZING ADOPTION OF AN
INTERGOVERNMENTAL AGREEMENT FOR ERECTION OF
A SALT STORAGE FACILITY
WHEREAS, The Village of Lemont and Township of Lemont have proposed to enter
into an Intergovernmental Agreement to accommodate the construction of a Village -owned
Salt Storage Facility.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
that the attached Intergovernmental Agreement be approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COS OF COOK, WILL, AND DU PAGE, ILLINOIS,
on this / day of , 1993.
Barbara Buschman
Alice Chin
Keith Latz
William Margalus
Rick Rimbo
Ralph Schobert
AYES NAYS PASSED ABSENT
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V
CHARLENE M. SMOLLEN, Village Clerk
Approved by me this /(-3z1 day of
Attest:
1993.
CHARLENE M. SMOLLEN, Village Clerk
A.
KW
ESKI, Village President
INTERGOVERNMENTAL SALT STORAGE AGREEMENT
The Village of Lemont (the "Village" hereinafter referred to as "Village "), and
Lemont Township (the "Township" hereinafter referred to as "Township ", through their
respective governing bodies under the intergovernmental cooperation provisions of the
Illinois Constitution and Chapter 127 Sec. 741 et Seq. commonly known as
Intergovernmental Cooperation Act make the following Salt Storage Agreement and
pursuant to that agreement state as follows:
WHEREAS, the Township owns and operates a Township Garage located at Route
171 and 127th Street in the Village of Lemont and legally described as:
Of the West 170.0 feet of Lot 3 (except the North 276.69 feet) in County
Clerk's Division in the Northeast 1/4 of Section 33, Township 37 North,
Range 11, East of the Third Principal Meridian, in Cook County, Illinois.
(Except the Southerly 33.0 feet as used for right of way).
WHEREAS, the Village owns and operates a Public Works Building which is
contiguous and immediately North of the Township Garage and legally described as:
Of the North 276.69 feet of the West 170.0 feet of Lot 3 in County Clerk's
Division in the Northeast 1/4 of Section 33, Township 37 North, Range 11,
East of the Third Principal Meridian, according to the Plat thereof recorded
April 30, 1880 as Document No. 269446, in Cook County, Illinois. (Except the
North 33.0 feet as used for right of way).
WHEREAS, the parties have limited space for the storage of salt and are desirous
of entering into an agreement to allow the Village to construct a salt storage building on
the Township property herein described.
WHEREAS, it is agreed that there is a mutual benefit to the parties and that
cooperation is in the best interest of the taxpayers served by the parties; and
NOW, THEREFORE, all the parties mutually agree as follows:
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1. The Township will allow the Village to Lease the area delineated on Exhibit "A"
as prepared by the Township Highway Commissioner for the construction and operation of
a Salt Storage Facility and not for any other purpose without the express written consent
of the Lemont Township Highway Commissioner.
2. The Village will own the salt structure and all physical above - ground
improvements constructed as part of the salt structure.
3. The Village will fund the cost of erecting the structure with no construction cost
to be borne by the Township. The structure shall be in general conformance with the
sketch attached as Exhibit "B ". Furthermore, the Village will have the authority, but not
the obligation, to pave the gravel areas adjacent to the Salt Storage Facility.
4. The Village shall provide any plans to the Township Highway Commissioner
prior to making any building modifications or improvements upon site identified in Exhibit
A. Approval by the Township Highway Commissioner shall not be unreasonably withheld.
This Section shall not be applicable to normal maintenance activities.
5. The Village shall establish reasonable procedures for Township use of the facility,
means of accounting for salt use, and all operational issues relating to the use of the
facility. Such procedures shall allow reasonable access to the facility and the procedure
shall not be finalized without the opportunity for input from the Township Highway
Commissioner.
6. There shall be no rental or lease fee for the use of the site. In consideration of
this arrangement the Township may purchase salt from the Village at a rate which reflects
the actual cost paid to the vendor. The Township Highway Department may use the facility
with its own employees and equipment according to the procedure established by the
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Village. If the Township Highway Department uses Village equipment or labor, any labor
charges associated with loading or equipment use shall be assessed at the regular or
overtime rate. If the Township Highway Department shall fail to adhere to procedures
requiring proper accounting of salt usage, the Village shall have the right to require the
dispensing of salt by Village Personnel only.
7. The Township and Township Highway Department will allow unobstructed
access to the facility from Archer Avenue (when proper permits are received by the
Township) and from the Village Public Works Facility.
8. The Village shall not obstruct the ability of the Township Highway Department
to access the Township Highway Department garage site from Archer Avenue or 127th
Street.
9. The Village shall have no liability regarding existing environmental problems on
Township property or properties adjacent to open salt piles currently located south of the
Township Garage. The Village shall have the right to conduct an environmental
assessment to determine the extent and location on current environmental problems to
identify any future liability. The Township and Township Highway Department shall have
no liability regarding future environmental problems on Township property or property
adjacent to Township property caused by the construction, maintenance, use and removal
of the proposed Salt Storage Facility unless the action causing the environmental problem
was the result of actions by the Township Highway Department or its agents.
10. The Village shall maintain the necessary insurance for the Salt Storage Facility
and shall provide necessary upkeep and repairs which may arise. Any intentional acts or
acts of negligence which results in damage may be subject to pursuit of monetary damages
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from the party whom is responsible.
11. Upon the expiration or abandonment of this Agreement the Township may
require the Village to restore the site to its pre - existing condition and remove any
structures. If mutually agreed upon, the Township Highway Department may pursue the
purchase of the structure upon expiration or abandonment of the Agreement. The Right
of First Refusal shall be granted to the Township Highway Department. If the Village
chooses to sell the structure to the Township, the price shall be based upon the initial
construction costs, depreciated over the life of this Agreement on a "straight line" basis.
12. If during the term of this Agreement the Village shall choose to relocate the
Salt Storage Structure to an off: site location or pursue other means of storing salt
exclusively off -site, this Agreement shall be considered terminated. Unless otherwise
agreed upon, a Termination Notice of not less than one - hundred eighty (180) days shall
occur prior to the relocation of the structure to an off -site location.
13. To the fullest extent permitted by applicable law, each party shall indemnify and
hold harmless each other from any threatened, pending or completed action, suit or
proceeding, whether civil, criminal or investigative in nature, against and from expenses
(including attorneys fees), judgments, fines and amounts paid in settlement, actually and
reasonably incurred by him /her in connection with such action, suit or proceeding.
14. This Agreement may not be amended, except by written agreement and
resolution of all the parties.
15. Prior to execution of this Agreement, each member shall deliver to the other
a certified copy of an Ordinance authorizing and directing the execution of the Agreement.
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16. This Agreement shall become effective and be deemed dated when the last of
the parties' duly authorized representatives signs as set forth below, and shall expire August
30, 2023.
Board of Trustees of Lemont Township
By:
Board of Trustees of the Village of Lemont
B
Attest: Attest: C;P N�f ��%Z Ala Clerk
Dated:
Clerk
Lemont Township Road Commissioner
By:
Attest:
Dated: < 2O ( /9,f7
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B: \VILLAGE \SALTSTOR.AG R:VMS
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