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R-62-08 Resolution Approving 1st Amendment Agreement for Tax ObjectionsRESOLUTIO RESOLUTION APPROVING FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT FOR COMMON DEFENSE OF TAX OBJECTION CASES WHEREAS, by Resolution R -64 -04 approved on September 13, 2004 the Village of Lemont entered jointly with other Lemont taxing districts into an Intergovernmental Agreement with Lemont High School District #210 for the purpose of sharing the cost of appraisers, attorneys and other experts to defend certain cases involving tax assessment objections. WHEREAS, in order to extend the term of the agreement for an additional four years and allow the firm of Hinshaw & Culbertson to continue to defend tax objections, the Village seeks to authorize the First Amendment to the Intergovernmental Agreement previously approved. NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Lemont, Cook, Will & DuPage Counties, Illinois that: Section 1: Incorporation of Recitals: The foregoing recitals are hereby expressly incorporated into and made a part of this Resolution as if fully set forth herein. Section 2: The Village Administrator is authorized to execute the First Amendment to the Intergovernmental Agreement attached hereto as Exhibit "A." Section 3: Effective Date: This Resolution shall become effective upon passage, approval and publication as 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 27th day of October , 2008. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio Attest: CHARLENE SMOLLEN, Village Clerk AYES NAYS PASSED ABSENT JOHN . PIAZZA, Vill ge Pr id r t Lemont High School District 210 800 Porter Street Lemont, IL 60439 -3778 PH: (630) 257 -5838 FX: (630) 243 -0310 www.Ihs210.net Dr. Sandra L. Doebert Superintendent Dr. Thomas L. Trengove Principal To: Tim Ricker, Superintendent of School District 113A Carl Churillo, Chief of Lemont Fire Protection District Sandra Pointon, Director of the Lemont Library District Xary Holmes, Village Manager for Lemont Brian Sullivan, Director of Lemont Park District Steve Rosenthal, Director of Lemont Township From: Sandy Doebert, Superintendent of LHS District 210 Subject: Intergovernmental Agreement The current intergovernmental agreement allowing the law firm of Hinshaw and Culbertson to represent all of our districts in the defense of tax objections needs to be amended to allow for it to continue. I have attached an amendment drawn up by Scott Nemanich that allows that agreement to continue through September of 2011. This amendment requires action from our various boards. Please have your board approve this amendment at your September or October Board Meeting, the President and Secretary of your Board sign it, and return it to me. Once all Boards have signed an amendment and returned it to me, I will send it to Scott. I will also copy all of the pages so that you have a complete amendment with representative signatures from all and send it to you. Please let me know if you have any questions. Sincerely, Dr. Sandra L. Doebert Superintendent Lemont, IL 60439 I l l u m i n a t i n g t l a e F u t u r e HINSHAW & C U L B E R T S O N L L P August 22, 2008 Dr. Sandy Doebert Superintendent Lemont Township High School District 210 800 Porter Street Lemont, IL 60439 Re: First Amendment to Intergovernmental Agreement — Tax Objections Dear Sandy: ATTORNEYS AT LAW 14 West Cass Street 3rd Floor Joliet, IL 60432 -4116 815- 726 -5910 815 - 726 -0353 (fax) www.hinshawlaw.com Please find enclosed a First Amendment to the Intergovernmental Agreement regarding the defense of tax objections. We have amended it to reflect a term; of seven years from the date of the original agreement. In that the original agreement was 2004, this will reflect a continuation of the Agreement through September, 2011. If you have any questions, please feel free to contact me. I will presume you will take this to the other governmental entities. SEN:skg Enclosure Sincerely, HINSHAW & CULBERTSON LLP • 'Scott E. Nema>4ich snemanich @hinshawlaw.com 40138475v1 4005162 39188 Arizona California Florida Illinois Indiana Massachusetts Minnesota Missouri New York Oregon Rhode Island Wisconsin FIRST AMENDMENT TO INTERGOVERNMENTAL, AGREEMENT This First Amendment dated as of the day of 2008, by and between School District 113A of Cook and DuPage Counties, Illinois ( "District 113"), Lemont Fire Protection District of Cook, Will, and DuPage Counties, Illinois ( "Fire District"), Lemont Library District of Cook and DuPage Counties, Illinois ( "Library District"), Village of Lemont of Cook, Will, and DuPage Counties, Illinois ( "Village "), Lemont Park District of Cook, Will, and DuPage Counties, Illinois ( "Park District"), Lemont Township of Cook County, Illinois ( "Township "), and Lemont Township High School District 210 of Cook and DuPage Counties ( "District 210 ") (collectively referred to herein as the "Parties"), WITNES SETH : WHEREAS, the Parties entered into an Intergovernmental Agreement dated as of September, 2004 (the "Agreement"); and WHEREAS, pursuant to Section 5 of the Agreement, the Parties originally agreed that the Agreement was to be for a period of two (2) years; and WHEREAS, since the date of the Agreement, the Parties have agreed that they have continued to abide by said Agreement after the expiration of the initial two (2) year term and desire to retroactively extend the term of said Agreement from the date of the initial expiration to the date of execution of this First Amendment; and WHEREAS, the Parties desire to amend said Agreement to reflect a term of seven (7) years from the date that the original Agreement was executed. NOW THEREFORE, It Is Hereby Agreed: Section 1. The recitals contained in this First Amendment are incorporated herein and are made a part hereof as if fully set forth herein. 40138445v1 4005162 39188 Section 2. Paragraph 5 of the Agreement is amended so as to insert the following Paragraph 5 as and for the original paragraph 5: 5. That this Agreement shall be for a period of seven (7 years); however, any of the parties hereto may withdraw from said Agreement upon six (6) months prior written notice to the other parties. Section 3. The provisions contained herein shall become a part of the original Intergovernmental Agreement dated September, 2004 and shall supersede any provisions to the contrary. Executed this day of , 2008. VILLAGE OF EMONT SCHOOL DISTRICT 113A By: �. 1 • Mayor r By. President Attest: Attest: By: By: Clerk Secretary LEMONT FIRE PROTECTION DISTRICT LEMONT LIBRARY DISTRICT By: By: President President Attest: Attest: By: By: Secretary Secretary 2 40138445v1 4005162 39188 LEMONT PARK DISTRICT LEMONT TOWNSHIP HIGH SCHOOL DISTRICT 210 By: By: President President Attest: Attest: By: By: Secretary Secretary LEMONT TOWNSHIP By: Township Supervisor Attest: By: , Clerk 3 40138445v1 4005162 39188