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2009-43RESOLUTION NO. 2009 - 43 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE BUFFALO GROVE PARK DISTRICT REGARDING DOG PARK WHEREAS, the Buffalo Grove Park District is constructing a dog park; and, WHEREAS, a water service is needed to accommodate the dog park. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, that the President and Clerk be, and they are hereby authorized and directed to execute the "Intergovernmental Agreement between the Village of Buffalo Grove and the Buffalo Grove Park District Regarding Dog Park." A copy of said agreement is attached hereto and made a part hereof. AYES: 5 - Braiman, Glover, Trilling, Stone, Sussman NAYES: 0 - None ABSENT: 1 - Berman PASSED: December 7 , 2009 APPROVED: December 7 .2009 APPROVED: Village President ATTEST: Village iferk GAENGINEER \Ord & Res \ReS09 -6.doc 12/2/2009 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE BUFFALO GROVE PARK DISTRICT REGARDING DOG PARK This Agreement is made and entered into by and between the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipality ( "Village') and the BUFFALO GROVE PARK DISTRICT, an Illinois park district ( "District "), both located in the State of Illinois. The Village and the District are sometimes referred to as a "Party" and jointly referred to as the "Parties." RECITALS WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq. public agencies may contract or otherwise associate among themselves, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, the Village, and the District are "public agencies" within the meaning of the Illinois Intergovernmental Cooperation Act; and WHEREAS, the Village has the power and authority to enter into this Agreement pursuant to, but without limitation, the home rule powers of the Village under Section 6, Article VII of the 1970 Constitution of the State of Illinois; and WHEREAS, the District has the authority to enter into this Agreement; and WHEREAS, the District proposes to construct and maintain a dog park, which includes but not by way of limitation, paths, shelters and other amenities ( "Dog Park ") on the Dog Park Area as hereinafter defined; and WHEREAS, the Village entered into a "Recreational Lease ", dated May 1, 1998, with Commonwealth Edison Company ( "ComEd ") for the "Leased Premises ", as defined therein, and commonly referred to as ComEd Parcel No's. 267 thru 286 (inclusive) ( "Village Lease "); and WHEREAS, pursuant to the Village Lease, the Village has constructed and now maintains within the west forty (40) feet of ComEd Parcel No's. 271 and 272 a bike path and appurtenant structures, including but not by way of limitation a culvert (`Bike Path Premises ") ComEd Parcel No's. 271 and 272 are depicted on Exhibit "B ", which is attached hereto and made a part hereof; and WHEREAS, the District has entered into a Recreational Lease dated September 1, 2009 with ComEd ( "District Lease ") for the purpose of a constructing and maintaining the Dog Park located on ComEd Parcel No's. 271 and 272, excluding from such parcels the west forty (40) feet thereof ( "Dog Park Area "). The Dog Park Area is depicted on Exhibit "A ", which is attached hereto and made a part hereof, and WHEREAS, the Village and the District have determined that construction and operation of the Dog Park by the District, a governmental entity, on the Dog Park Area is in the best interests of the public and serves a valid public purpose; and WHEREAS, the District has agreed to manage, operate and maintain the Dog Park subject to the terms, covenants and conditions of this Agreement and the District Lease; and WHEREAS, the Dog Park Area and the Bike Path Premises are comprised of unincorporated territory located in Lake County, Illinois, which territory is contiguous to the Village; and WHEREAS, the Village is the owner of a certain water main located in the vicinity of the Dog Park Area and the owner of the Village water system ( "Village Utility "); and WHEREAS, the District desires to construct a water line to connect to the Village Utility for the benefit of the Dog Park to be located on the Dog Park Area. NOW, THEREFORE, in consideration of the foregoing recitals, the following covenants and agreements and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Village and the District agree as follows: 1. INCORPORATION OF RECITALS. The foregoing recitals are incorporated herein as if fully set forth hereby. 2. GRANT OF CONNECTION. The Village hereby grants to the District the right to connect to the Village Utility, subject to the following: a. the terms and conditions of this Agreement, b. the terms and conditions of the District Lease, and c, approval by ComEd of an amendment to the Village Lease excluding the Dog Park Area therefrom. 3. APROVAL OF SITE PLAN AND ENGINEER DRAWINGS AND COMPLIANCE WITH ORDINANCES. Before any connection to the Village Utility may occur, final engineering drawings of the connection to the Village Utility ( "Utility Drawings ") and the final Dog Park project plans must first receive the approval of the Village and must in all respects conform to Village ordinances, including but not limited to, payment of inspection fees and installation of a Village water meter. In addition to the Village approval, it will also be necessary for the District to obtain Lake County and Northwest Water Commission approvals. 4. GRANT OF USE. The Village hereby grants the District the right to permit connection to, and use of, the Village Utility strictly for the benefit of and only of the Dog Park. The foregoing grant is subject to the following conditions: a. Only one water connection to the Dog Park Area shall be allowed at any time. Such connection shall be for the exclusive use of the Dog Park. Water service is provided solely for the use by the District and its patrons. The District shall not sell or convey such water to any third party. Use of the water shall only be for the water fountain, hose bibs, and dog wash. b. All Village fees and any other fees applicable to said utility connection shall be paid in full prior to a Village permit being issued. c. The District obtains all necessary approvals and permits from all applicable agencies and ComEd in order to effectuate said connection to the Village Utility and to allow the use and construction of the Dog Park and the Village will cooperate in any manner necessary to obtain any such approvals and permits. d. The District shall be bound by all ordinances of the Village relating to the use of the Village Utility and restrictions thereon, standards of construction of water transmission or distribution facilities, and the maintenance and repair thereof. e. The District shall allow authorized agents of the Village free access to the Dog Park Area at all reasonable hours, or at other times upon reasonable notice to the District, for the purpose of reading, examining, or repairing the Village's meters, lines and connections, and other property; or, upon reasonable notice to the District and subject to the conditions set forth in this Agreement, for the purpose of removing the Village's meters, lines and connections, and other property. f The District shall pay when due all Village water bills regarding the providing of Village water service to the Dog Park Area. g. No changes shall occur to the Dog Park or the Dog Park Area after Village approval of the final site plan and the Utility Drawings without prior written approval of the Village. 5. MAINTENANCE. a. The District shall be responsible, at its cost, for all maintenance of the water lateral serving the Dog Park Area, with the exception that the Village shall be responsible in the event that the Village causes any damage to the water lateral as a result of work done by the Village. The Village shall own and maintain the water meter. b. The Village reserves the right to make inspection of the water facilities installed by the District and to perform any required tests. 6. TERMINATION OF UTILITY SERVICE. The Village shall have the absolute right, in its sole discretion, and upon .five (5) days written notice, to terminate water service to the Dog Park Area if: a. ComEd terminates the District Lease, b. The District violates or defaults in any way the terms and conditions of this Agreement or the District Lease and fails to cure or to take reasonable actions to cure said default pursuant to the District Lease, or C. The District fails to pay a water bill when due pursuant to the Buffalo Grove Municipal Code. The District upon receipt of the aforesaid five (5) day written notice shall have the right to cure within thirty (30) days, prior to the Village exercising its right to terminate pursuant to this paragraph. If water service is terminated the District shall remove the water service in accordance with the Village requirements. The Parties hereto understand and agree that the Village owes no continuing duty to supply water service to the Dog Park Area if any of the foregoing conditions occur. The Village's obligation to supply water to the District pursuant to this Agreement will continue even if the Village's Recreational Lease, dated May 1, 1998, with ComEd is terminated for any reason. 7. AMENDMENT. `Phis Agreement shall only be amended pursuant to a written document authorized and executed by the Village and the District. 8. ASSIGNMENT. This Agreement shall not be assigned by the District without the prior written consent of the Village, which consent shall be within the Village's sole discretion. 9. SEVERABILITY. If any provision of this Agreement is invalid for any reason, such invalidation shall not render invalid other provisions of this Agreement which can be given effect without the invalid provisions. 10. LIABILITY. 4 The District shall hold harmless, indemnify and defend the Village, its officials, officers, independent contractors, agents, and employees from and against any loss, damage, cause of action, fine or judgment, including all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses incident thereto) which may arise out of actions by the District, its officials, officers, independent contractors, agents, and employees in connection with the District's construction of a connection to and its use of the Village Utility as provided in this Agreement or by reason of the Village's delivery of water pursuant to this Agreement. The Village shall hold harmless, indemnify and defend the District, its officials, officers, independent contractors, agents, and employees from and against any loss, damage, cause of action, fine or judgment, including all costs connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses incident thereto) which may arise out of actions by the Village, its officials, officers, independent contractors, agents, and employees in connection with the Village's delivery of water pursuant to this Agreement. 11. MISCELLANEOUS. a. The parties hereto understand and agree that the Village is under no obligation or duty to provide water service to the Dog Park Area but for entering into this Agreement. Upon execution of this Agreement by the Parties hereto, the Village shall provide water service to the District pursuant to the terms of this Agreement b. All notices to be transmitted pursuant to this Agreement shall be deemed received when delivered in person or by reputable overnight carrier. Notices to the District shall be transmitted to Buffalo Grove Park District, Attn: District Director, 530 Bernard Drive, Buffalo Grove, Illinois 60089. Notices to the Village shall be transmitted to Village of Buffalo Grove, Attn: Village Manager, Buffalo Grove Village Hall, Fifty Raupp Blvd., Buffalo Grove, IL 60089. Or at such other place as the Village or District may from time -to -time designate. c. This Agreement is for the benefit of the Village and the District and no other person shall have any rights, interest or claims under this Agreement or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. d. Failure of either party to this Agreement to insist upon strict and proper performance of the terms, covenants, agreements and conditions herein contained, or any of them, upon the other party imposed, shall not constitute or be constituted as a waiver or relinquishment of any party's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in frill force and effect. e. The headings contained in this Agreement are for informational purposes only, and are not to be used to construe the actual terms of this Agreement 12. GOVERNING LAW, This Agreement shall be construed in accordance with the Laws and Constitution of the State of Illinois. 13. , EXECUTION. This Agreement shall be executed in a sufficient number of counterparts so that the Village, and the District, shall each have a copy of this Agreement containing original signatures. Each of the counterparts shall be executed by the Village and the District and all counterparts shall be regarded for all purposes as one original and shall constitute and be one and the same. IN WITNESS WHEREOF, the undersigned Parties hereto have caused this Agreement to be duly executed as of December 7 .5 2009. Dated: h2— !Q9 THE VILLAGE OF BUFFALO GROVE By: Elliott Hartstein, Village President ATTEST: Village Clerk Dated: I ( Y - d B FALO G VE PARK DISTRICT By: ATTES`I b : r F \S f r Iii!?' rr■ ■ ■ri 4 � c2.� � ,,q� Ix 0 A c� o� SM 'M'O•Zt U3W07 I Y H 1 r� 9 O O d A%. IL St v boom i� W 0 �-1 Lake.:.. .. Exhibit B To Intergovernmental Agreement on Dog Park THE TOWNSMP OF VERNON • TAX PARCEL MAP PAUU 532 _.�_ ....- nBAA&1;=M4Y4IB sootrte�srtn or � Ivosttnvasrtx arsspras� rowivstrrr utmata. PA.VIas tt tcea • wrrooew+r TAX aMES wtmwrcn SDBDIVISIONAND CM OOMI1DM lACA1TONINDFX wwwrr NAN rmw mw BN tmp,IN�� ,p,MAPRIIDR6SFM'A170�� — t vuw = Village of Buffalo Grove Bike Path Parcel (40 feet wide)