2008-42t r
RESOLUTION NO. 2008- 4 2
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF BUFFALO GROVE AND
THE TOWN OF VERNON WITH RESPECT TO ENFORCEMENT OF
COMMUTER STATION PARKING VIOLATIONS AT THE PRAIRIE VIEW
METRA STATION
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and ILCS 220/1 et seq.
authorize units of local government to contract or otherwise associate among themselves to obtain or share
services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to
use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental
activities; and
WHEREAS, the Village of Buffalo Grove and Town of Vernon ( "Parties ") are public agencies as
that term is defined in the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and
WHEREAS, the Parties understand that they will need to follow mutual commitments to each
other with respect to the enforcement of commuter station parking violations that may occur at the Prairie
View Metra Station, owned and operated by the Town of Vernon.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. The Agreement entitled, "Intergovernmental Agreement Between the Village of Buffalo
Grove, and Town of Vernon" is hereby approved.
Section 2. The Village President and Village Clerk are hereby authorized and directed to execute
the Agreement. A copy of said Agreement is attached hereto and made a part hereof.
AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin
NAYES: 0 — None
ABSENT: 0 — None
PASSED: December 15, 2008 APPROVED: December , 2008
ATTEST: Village President
Village erk
11/25/2008
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE VILLAGE OF BUFFALO GROVE AND THE TOWN OF VERNON
THIS AGREEMENT is entered into as of the k �. _ � day of AQ�2008, by and
between the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois home rule
municipal corporation ( "Village ") and the Town of Vernon, an Illinois township ( "Township "),
hereinafter sometimes collectively referred to as the "Parties."
Recitals
WHEREAS, the Township is a duly organized and existing township under the laws of
the State of Illinois; and
WHEREAS, the Village is duly organized municipal corporation under the laws of
Illinois, and a home rule unit of local government pursuant to the provisions of the Illinois
Constitution of 1970; and
WHEREAS, the Township is the owner of the real property depicted and identified as
"Parking Lot 1 on Exhibit "A" and legally described in Exhibit `B ", both exhibits which are
attached hereto and made a part hereof, which property is situated within the corporate limits of
{ 33 \74.02\METRASTA \00019115.DOC} I
the Village of Buffalo Grove, Illinois, and hereinafter sometimes referred to as the "Township
Property "; and
WHEREAS, there has heretofore been constructed on the Township Property certain
improvements which are commonly referred to as the Prairie View commuter rail station and
related parking facilities; said improvements and Township Property are depicted and identified
as "Parking Lot 1" on Exhibit "A ", which is attached hereto and made a part hereof; and
WHEREAS, the Township and the Commuter Rail Division of the Regional
Transportation Authority ( "CRD ") have entered into a certain "Amendment No. 3 to the
Commuter Station Development Agreement" dated September 11, 2004 ( "CRD Agreement ")
whereby CRD agreed to construct a commuter parking facility on certain real property owned or
controlled by CRD, which real property is legally described on Exhibit "C" hereto ( "CRD
Property "), and which commuter parking facility and CRD Property are depicted and identified
as "Parking Lot 2" on Exhibit "A" hereto; and
WHEREAS, the Township has previously agreed with CRD to assume the management
and operation of the parking facilities on Parking Lot 1 and Parking Lot 2; and
WHEREAS, Parking Lot 1 and Parking Lot 2 are hereinafter sometimes referred to as
the "Premises "; and
WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970
authorizes units of local government to contract, to exercise, combine, or transfer any power or
function not prohibited to them by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act of 1973 (5 ILCS, 220/1 et seq.)
authorizes municipalities to exercise jointly with any public agency of the State, including other
units of local government, any power, privilege, or authority which may be exercised by a unit
{33 \74.02\METRASTA \00019115. Doc }2
0
\J
(c) The Township shall forward to the Village any funds received by it on account of the
Village's enforcement actions pursuant to Section 3.(b) of this Agreement.
(d) The Township hereby agrees to indemnify, defend (with counsel acceptable to
Village) and hold harmless the CRD, the Village, their respective officers, employees, agents and
legal representatives (collectively, the "CRD Indemnitees" and "Village Indemnitees", as the
case may be) from and against any and all claims, demands, actions, proceedings, suits and /or
causes of action (including, without limitation, reasonable attorneys' fees and costs) and other
liabilities of any third parties ( "Claims ") asserted, raised or brought against any of the CRD
Indemnitees or Village Indemnitees and any and all losses, costs, claims, liabilities and expenses
sustained or incurred by any CRD Indemnitee or- Village Indemnitee as a result of or arising
from any such Claim ( "Losses ") that result or arise from this Agreement, except in no event shall
the Township be obligated to indemnify the Village from any Claims and/or Losses to the extent
such Claims and/or Losses are caused by the negligence of the Village. Without limiting the
generality of the foregoing, the Township hereby agrees to pay for all reasonable legal costs and
expenses incurred by the CRD, the Village or any of the CRD Indemnitees or Village
Indemnitees in connection with any Claims which (a) constitute a challenge to the enforceability
of all or any of the provisions of this Agreement, or (b) relate, whether or not a court action is
filed, to the subject matter of this Agreement, except in no event shall the Township be obligated
to indemnify the Village from any such Claims-Jo the extent such Claims are caused by the
negligence of the Village. The parties acknowledge and agree that the CRD and the CRD
Indemnitees shall have all right, power and authority to enforce the terms and conditions of this
Section 2(d) of the Agreement.
Section 3. Village Commitments.
{ 33 \74.02\METRASTA \00019115.Doc }4
of local government individually, and to enter into contracts for the performance of
governmental services, activities, and undertakings; and
WHEREAS, the Township has requested: (i) that the Village authorize a
Township employee (approved by the Village Manager) to issue a Village citation for violation
of Section 3.52.055 of the Buffalo Grove Municipal Code for non - payment of the daily fee at
Parking Lot 1 and Parking Lot 2 and (ii) that the Village enforce any citation so issued; and
WHEREAS, the Village and the Township desire to provide for the health and safety of
persons using the Premises and to perform services and make regulations concerning the
Premises as authorized by the Illinois Constitution, the Illinois statutes, and this Agreement.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
covenants and agreements hereinafter set forth, it is agreed by and between the Town of Vernon
and the Village of Buffalo Grove as follows:
Section 1. Incorporation of Recitals.
The foregoing recitals are hereby incorporated herein and made a part hereof.
Section 2. Township Commitments.
(a) The Township, at its cost, will collect parking lot fees. Any fees so collected shall
remain the property of the Township. The Township shall designate a Township employee or
employees to issue Village citations for failure to pay the required parking lot fee at Parking Lot
1 and Parking Lot 2. Such citations shall be issued by a Township employee authorized by the
Village Manager. Citations shall be forwarded to the Village for enforcement.
(b) The Township grants to the Village the right to enter the Premises to effectuate the
purposes of this Agreement.
{33 \74.02\METRASTA \00019115. Doc} 3
• �!
(a) The Village agrees to designate its Village Manager as the authority on behalf of
the Village to authorize a Township employee or employees to enforce ordinances of the Village
pursuant to this Agreement.
(b) The Village, in its discretion, will enforce citations issued for non - payment of the
daily fee on the Premises. Any and all fines, penalties, or settlements assessed or collected on
account of the Village's enforcement actions shall be the property of the Village.
Section 4. Joint Obligations.
(a) The Parties agree to do all things reasonably necessary or appropriate to carry out
the terms and provisions of this Agreement and to aid and assist each other in furthering the
objectives of this Agreement and the intent of the Parties as reflected in the terms of this
Agreement, including, without limitation, the enactment of such resolutions and ordinances, the
execution of such documents and agreements, and the taking of such other actions as may be
necessary to enable the Parties' compliance with the terms and provisions of this Agreement, and
as may be necessary to give effect to the objectives of this Agreement and the intentions of the
Parties as reflected by the terms of this Agreement.
(b) Except as specifically described in Section 2(d), the Village and the Township agree
that this Agreement is for the benefit of the Parties and not for the benefit of any third party
beneficiary. No third party shall have rights or claims against the Village or the Township
arising from this Agreement, except as described otherwise in Section 2(d).
Section 5. Amendment of Agreement
This Agreement shall only be amended or changed by the mutual agreement of the
corporate authorities of both the Township and the Village.
Section 6. Severability
{ 33 \74.02\METRASTA \00019115.Doc} 5
If any provisions of this Agreement shall be declared invalid for any reason, such
invalidation shall not affect other provisions of this Agreement which can be given effect without
the invalid provisions and to this end the provisions of this Agreement are to be severable.
Section 7. Subiect to CRD Agreement
This Agreement is subject and subordinate to the terms and provisions of the CRD
Agreement. In the event of a conflict between the terms and provisions of this Agreement and
the CRD Agreement, the terms and provision of the CRD Agreement shall take precedence and
control.
Section 8. Duration of Agreement
This Agreement shall be in full force and effect for a period of twenty (20) years from the
date hereof but may be terminated by either party hereto upon ninety (90) days advance written
notice to the other party and shall automatically expire if the CRD Agreement (including all of
its amendments) terminate or expire. The terms of Section 2(c) and 2(d) shall survive any
expiration or termination of this Agreement.
Section 9. Applicable Law and Recording Requirements
This Agreement shall be construed in accordance with the laws of the State of Illinois and
may be recorded with the Lake County Recorder.
Section 10. Notice and Service
Any notice hereunder from either party hereto to the other party shall be in writing and
shall be served by certified mail, postage prepaid, return receipt requested addressed as follows:
To Buffalo Grove: Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
Attn: Village Manager
{33 \74.02\METRASTA \00019115. Doc} 6
ATTEST:
Village erk
ATTEST:
Qja.A
THIS DOCUMENT PREPARED BY:
William G. Raysa, Village Attorney
Raysa & Zimmermann, LLC.
22 S. Washington St.
Park Ridge, IL 60068
FABuffalo Grove \Vernon Township\Farking Lot Agreement.doe
TOWN OF VERNON, an Illinois township
By:
Its: &0er,-liSGC
RECORDER MAIL TO:
Village of Buffalo Grove
Village Clerk's Office
50 Raupp Boulevard
Buffalo Grove, IL 60089
{ 33 \74.02\METRASTA \00019115.Doc) 8
To Town of Vernon: Vernon Township
3050 Main Street
Buffalo Grove, Illinois 60089
Attn: Township Supervisor
or to such persons or entities and at such address as either party may from time to time designate
by notice to the other party. Notice shall be deemed received on the third business day following
deposit in the U.S. Mail in accordance with this Section.
Section 11. Adoption of Ordinances
The parties agree that this Agreement shall be adopted by ordinances by the corporate
authorities of each party.
Section 12. CRD Approval.
This Agreement shall not become effective until CRD provides its written consent to the
execution of this Agreement.
Section 13. Counterparts.
This Agreement may be executed in several counterparts, each of which so executed shall
be deemed to be an original, and such counterparts together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, The parties have caused this Agreement to be executed as of
the day and date first above written.
VILLAGE OF BUFFFALO GROVE, an
Illinois home rule municipal corporation
BY:
Village President
{33 \74.02\METRASTA \00019115. Doc } %
E
Exhibit "A"
Parking Lot 1 and Parking Lot 2
9
(NOTE: This Exhibit "A" is the same as Exhibit "A" to Amendment No. 3 to the Commuter
Station Development Agreement between Vernon Township and the Commuter Rail Division of
the Regional Transportation Authority (CRD) dated September 11, 2004).
{ 33 \74.02\METRASTA \00019115.DOC} 10
Consent To Agreement
The Commuter Rail Division of the Regional Transportation Authority (CRD)
does hereby provide its written consent to the execution of the foregoing Intergovernmental
Agreement Between the Village of Buffalo Grove and the Town of Vernon.
ATTEST:
D&Lrb-M,
COMMUTER D ISION OF THE
REGIONAL T�RTATION AUTHORITY
LION
P A. Agdlnd ecutive Director
{33 \74.02\METRASTA \00019115.DOC } 9
0
d 2 S� jfn Lj�wii 5.+y_y
G
b C
^ b
b �
tl
{ 33 \74.02\METRASTA \00019115.DOC} 11
..
Exhibit `B"
Township Propert X
THAT PART OF THE PROPERTY OF THE WISCONSIN CENTRAL LTD. IN THE
NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, AND THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, ALL IN TOWNSHIP 43
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE EAST BY A LINE
30.00 FEET WESTERLY OF (AS MEASURED PARALLEL TO) WISCONSIN CENTRAL
LTD.'S MAIN TRACK CENTERLINE, BOUNDED ON THE WEST BY A LINE 143.50
FEET WESTERLY OF (AS MEASURED PARALLEL TO) WISCONSIN CENTRAL LTD.'S
MAIN TRACK CENTERLINE, BOUNDED ON THE SOUTH BY THE NORTH LINE OF
ILLINOIS STATE HIGHWAY ROUTE 22, AND BOUNDED ON THE NORTH BY A LINE
PERPENDICULAR TO SAID MAIN TRACK CENTERLINE AND DISTANT 1320.00 FEET
NORTHERLY OF (AS MEASURED ALONG SAID MAIN TRACK CENTERLINE) FROM
THE NORTH LINE OF SAID ILLINOIS STATE HIGHWAY ROUTE 22, ALL IN LAKE
COUNTY, ILLINOIS.
PIN: 15-21-200-050
{ 33 \74.02\METRASTA \00019115.DOC} 12
Exhibit "C"
CRD Property
That part of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the
Northwest Quarter of Section 21, and the Southeast Quarter of the Southwest Quarter and the
Southwest Quarter of the Southeast Quarter of Section 16, all in Township 43 North, Range 11
East of the Third Principal Meridian more particularly described as follows: Commencing at the
point of intersection of the North line of Illinois State Highway 22 and the Westerly line of
Prairie Road; thence on an assumed bearing of North 21 degrees 20 minutes 13 seconds West
along the said Westerly line, a distance of 83.04 feet to the point of beginning; thence continuing
along said line, a distance of 661.34 feet to a point; thence South 68 degrees 37 minutes 32
seconds West a distance of 55.00 feet to a point; thence North 21 degrees 20 minutes 13 seconds
West, a distance of 438.12 feet to a point; thence South 68 degrees 37 minutes 32 seconds West,
a distance of 27.90 feet to a point on a line 23.0 feet Easterly of, as measured perpendicular to,
the main track centerline of the Wisconsin Central Ltd.; thence South 21 degrees 22 minutes 28
seconds East along said line, a distance of 1142.39 feet to a point, said point being 3.91 feet
Northerly of said North line of Illinois State Highway 22 as measured along a line 23.0 feet
Easterly of, as measured perpendicular to, the main track centerline of the Wisconsin Central,
Ltd.; thence North 41 degrees 02 minutes 35 seconds East, a distance of 92.79 feet to the point of
beginning, all in Lake County, Illinois.
and
That part of the lands described in the deed recorded under the document number 2863661 in
the Lake County Recorder's Office, December 26, 1989, more particularly described as follows:
Commencing at the point of intersection of the north line of Illinois State Highway 22 and the
westerly line of Prairie Road; thence on an assumed bearing of North 21 degrees 20 minutes 13
seconds west along the said westerly line, a distance of 744.38 feet to the point of beginning;
thence continuing north 21 degrees 20 minutes 13 seconds west along said westerly line and its
northerly extension, a distance of 438.12 feet to a point, thence south 68 degrees 37 minutes 32
seconds west a distance of 55.00 feet to a point; thence south 21 degrees 20 minutes 13 seconds
east, a distance of 438.12 feet to a point; thence north 68 degrees 37 minutes 32 seconds east, a
distance of 55.00 feet to the point of beginning, all in Lake County, Illinois.
PIN: 15 -16- 300 -032 and 15 -16- 300 -034
{ 33 \74.02\METRASTA \00019115.Doc)13