Loading...
HomeMy WebLinkAboutRes 15-19 04/16/2019 Authorizing an Intergovernmental Agreement Between the MPPD and the VOMPRESOLUTION NO. 15-19 A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE MOUNT PROSPECT PARK DISTRICT AND THE VILLAGE OF MOUNT PROSPECT FOR COMMUTER PARKING AT LIONS PARK WHEREAS, , the Village of Mount Prospect has entered into an Agreement with the Mount Prospect Park District to lease a portion of the Lions Park parking lot for commuter use; and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the Village of Mount Prospect to appropriate sufficient funds to lease ninety-one commuter parking spaces for an eighteen month term; and WHEREAS, the Village of Mount Prospect is responsible for maintenance and operation of the commuter parking lot appurtenances and the Mount Prospect Park District will retain responsibility for capital improvements. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS PURSUANT TO ITS HOME RULE POWERS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Mayor to execute Agreement between the Village of Mount Prospect and the Mount Prospect Park District for the appropriated sum of One Hundred Thousand Dollars ($100,000.) for an eighteen (18) month lease and may be extended beyond the initial term at a rate of Five Thousand, Five Hundred Dollars ($5,500) per month as provided in the Agreement attached hereto and made a part of this Resolution as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 16TH day of April, 2019 Arlene A. Juracek Mayor ATTEST: Karen Agoranos Village Clerk INTERGOVERNMENTAL AGREEMENT REGARDING THE VILLAGE OF MOUNT PROSPECT'S LEASE OF A PORTION OF THE LIONS PARK PARKING LOT FOR USE AS COMMUTER PARKING LOT This Intergovernmental Lease Agreement ("Agreement") is made and entered into this 1st day of June, 2019 ("Effective Date"), by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (hereinafter referred to as "Village" or "Lessee") and the Mt. Prospect Park District, an Illinois unit of local government (hereinafter referred to as "Park District' or "Lessor") to lease a portion of real estate commonly known as the "Lions Park Parking Lot', said portion being more particularly described below (hereinafter referred to as the "Premises"). Village and Park District are hereinafter sometimes individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS: WHEREAS, Article VII, Section 10, of the Constitution of the State of Illinois, Ill. Const., art. VII, sec.10(a), provides that in furtherance of the exercise of their powers, units of local government may contract or otherwise associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not otherwise prohibited; and WHEREAS, Chapter 5, Illinois Compiled Statutes, Act 220, Section 1, et seq., titled the "Intergovernmental Cooperation Act," provides that any power or powers, privileges or authority exercised or which may be exercised by a unit of local government may be exercised jointly with another unit of local government; and WHEREAS, pursuant to the Illinois Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (hereinafter referred to as the "Act"), the Village is engaged in efforts to redevelop its Downtown TIF Redevelopment Project Area (hereinafter referred to as the "Redevelopment Project Area") within the Village limits, in which 1 existing conditions permit such area to be classified as a "conservation area" or "blighted area" as required by the Act; WHEREAS, in the course of the Village's construction and redevelopment of the Redevelopment Project Area, the Village will lose a substantial number of commuter parking spaces necessary to facilitate the safe, convenient, and orderly commute of the Village's residents; and WHEREAS, pursuant to 70 ILCS 1205/10-7 (e) the Board of Commissioners of Lessor has determined that the Premises is not required for park and recreational purposes at this time; and WHEREAS, Lions Park (hereinafter referred to as the "Park"), located within the boundaries of the Redevelopment Project Area, is owned and operated by the Park District, and contains an ample number of parking spaces; and WHEREAS, the Parties have determined that it is in their best interest, as well as the best interest of the residents of the Village, to enter into this lease agreement whereby the District will lease the Premises, as depicted in Exhibit A attached hereto, to the Village. NOW, THEREFORE, in consideration of the mutual agreements, obligations and covenants set forth in this Agreement, and upon the further consideration stated in the foregoing Recitals, it is agreed by the Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, and the Board of Commissioners of the Mt. Prospect Park District, Cook County, Illinois, as follows: Section L Incorporation. The above Recitals are incorporated by reference into this Section 1 as though fully set forth herein. F4 Section 2. Lease of Premises. The Park District hereby leases the Premises to the Village upon the terms and conditions set forth in this Agreement (sometimes hereinafter referred to herein as the "Lease"). The Parties specifically acknowledge that the legal description of the Leased Premises depicted in Exhibit A has not been prepared as of the Effective Date of this Agreement. The Parties agree that a legal description of the Premises corresponding as close as practicable to the depiction of the Premises as shown on Exhibit A„ once agreed upon by both Parties and completed in final form, shall be attached to this Agreement as Exhibit A-'1 and shall supplement the depiction set forth in Exhibit A for the Term of this Lease. The Parties shall substitute and attach the final, agreed-upon version of Exhibit A-1, by way of an addendum to this Agreement duly adopted by both Parties. The Village shall pay the cost to prepare the legal description of the Premises. Section 3. Access to Premises. The Village represents and affirms that there are public sidewalks, bike paths, and driveways that provide access to the Premises. The public, including the Park District, its licensees, invitees, employees, contractors and subcontractors have the right to use these public sidewalks, bike paths, and driveways to access the Premises and/or the parking lot of which the Premises are a part during the Term. The Park District, its licensees, invitees, employees, contractors and subcontractors shall at all times during the Term have the non- exclusive right to access the Premises, including vehicular access. Section 4. Lease Term. The term of the Lease shall be for an eighteen (18) month period (hereinafter referred to as the "Term"), commencing on June 1, 2019 (hereinafter referred to as the "Lease Commencement Date") and expiring on the last day immediately preceding the eighteen (18) month anniversary of the Lease Commencement Date (hereinafter referred to as the "Lease Expiration Date"). Notwithstanding the foregoing, the Village may, upon giving Lessor 3 not less than fourteen (14) days' advance written notice of its intent to do so, occupy the Premises prior to the Lease Commencement Date, and in such event, all the provisions of this Lease shall be in full force and effect as of the date the Village occupies the Premises and the Lease Expiration Date shall remain unchanged. Section fw, Consideration, Operating, 1 -lours In consideration of the Lessor's execution of this Agreement the Village agrees to pay the Park District as partial rent a one-time non-refundable sum of One Hundred Thousand Dollars ($100,000.00) not later than 30 days after the Effective Date, its early occupancy of the Premises as stated above, or upon the Lease Commencement Date, whichever shall first occur. The Village further agrees that the Park District shall be entitled, as additional rent, to all parking fees collected by the Village for every vehicle parked on the Premises on each and any of the days of Monday through Friday at any time between the hours of 6:00 a.m. and 6:00 p.m. (hereafter referred to as the "Operating Hours") during the Term, as more particularly described below. As additional consideration for Lessor's execution of this Agreement, Village acknowledges that if Lessor shall request the Village to modify its regulation of on -street parking in the vicinity of Lions Park to allow for overflow parking during the summer months of the Term, the Village shall exercise its best efforts to do so. Notwithstanding anything to the contrary herein or elsewhere contained, during the Term the general public shall have the use of the Premises at no charge for parking purposes at all times other than during the Operating Hours (as defined above), including on weekends, subject to the Park District's applicable rules, regulations and ordinances. If the parties desire to extend the term after the initial eighteen (18) month period, the Village shall pay the Park District $5,500 per month in addition to actual parking revenues received from the subject commuter parking spaces. Section fa, Use. The Village shall operate the Premises as a paid commuter parking lot consisting of ninety-one (91) parking spots as shown on Exhibit A hereto, for the period of the Term. The Village shall charge and collect the sum of not less than Two Dollars per day for each and every vehicle parked on the Premises. The Village shall within thirty (30) days after the end 4 of each calendar month during the Term provide to Lessor a written accounting of the total amount of parking fees charged and collected by the Village hereunder for the preceding month, and shall monthly pay such respective amount to Lessor not later than thirty (30) days after the end of each calendar month during the Term. The Village shall also enforce parking fee collections for vehicles parking on the Premises during the Term, including if necessary, issuing citations for non-payment by violators. Secti i 7. Maintenance and Improvements. The Village hereby agrees to pay all costs, if any, of maintenance of the Premises (patching, filling, seal -coating, striping and snow -plowing) for the period of the Term, which maintenance shall be performed on the same basis and to the same standards as are and have been customary for Lessor at its other properties. The Village acknowledges the Premises to be in good condition and repair as of the Effective Date and for purposes hereof accepts same in "as -is" condition. The Village shall have the right to construct and install, at its sole cost and expense, any improvements necessary to facilitate the Village's use of the Premises as set forth in this Agreement in accordance with such plans and specifications as the Village may prepare or cause to be prepared and submitted to Lessor at least fourteen (14) days prior to construction or installation of such improvements, and as Lessor may approve, such approval not to be unreasonably withheld, conditioned, or delayed. Such improvements shall conform with the Village Code and be approved by the Village. Section 8. Signage., The Village shall have the right to construct and install, at its sole cost and expense, signage on and about the Premises to facilitate its use of the Premises as set forth in this Agreement. Such signage shall conform with the Village Code and be approved by the Village and Lessor, such approval by Lessor not to be unreasonably withheld, conditioned or delayed. 5 Section 9. Real Estate Taxes. In the event the Premises are assessed by the Assessor of Cook County for real estate taxes, the Village shall pay all such taxes when due, and the Village does hereby agree to indemnify and to hold and save Lessor harmless from and against any and all liability, loss, cost, expense and fees incurred by or threatened against Lesssor on account thereof. This indemnification shall survive the expiration or termination of this Agreement, by lapse of time or otherwise. Section 10. Indemnification. To the fullest extent permitted by law, the Park District agrees to indemnify, defend, save and hold harmless the Village, and its elected and appointed officials, officers, employees, agents, and volunteers (hereinafter referred to as individually and collectively, the "Village's Indemnitees") from and against any and all liabilities, claims, losses, causes of action, costs and/or demands for personal injury and/or property damage, including reasonable attorneys' fees (which shall include expenses of investigation, settlement and/or litigation, court and administrative costs, and paralegal fees (hereinafter referred to as the "Legal Fees")), (i) arising out of or caused by any act or omission of the Park District, any of its contractors or subcontractors, anyone directly or indirectly employed or engaged by any of them, or anyone for whose acts any of them may be liable, arising out of or in connection with any work or activity performed on the Premises by Lessor, its agents, contractors or employees, excluding indemnification for any negligent, willful and/or intentional misconduct by any of the Village's Indemnitees. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. The Park District shall similarly protect, indemnify and hold and save harmless Village's Indemnitees from and against any and all claims, costs, causes, actions and expenses including Legal Fees, incurred by reason of the Park District's failure to fully perform 11 any of its obligations under, and/or Park District's breach or default of or under, any material provision of this Agreement, excluding indemnification for any grossly negligent, willful and/or intentional misconduct by any of the Village's Indemnitees. It is further agreed by the Park District that failure of the Park District to indemnify, defend and hold harmless Village's Indemnitees as provided in this Section 10 shall constitute a breach of a material term of this Agreement. The Park District's indemnification obligations shall survive the expiration or termination of the Term. To the fullest extent permitted by law, the Village agrees to indemnify, defend, save and hold harmless the Park District, and its elected and appointed officials, commissioners, officers, employees, agents, and volunteers (hereinafter referred to as individually and collectively, the "Park District's Indemnitees") from and against any and all liabilities, claims, losses, and/or demands for personal injury and/or property damage (including Legal Fees), (i) arising out of or caused by any act or omission of the Village, any of its contractors or subcontractors, anyone directly or indirectly employed or engaged by any of them, or anyone for whose acts any of them may be liable, (ii) arising out of or in connection with any work or activity performed on the Premises by or at the request of Village, and (iii) arising out of any use of the Premises by an invitee or permitted user of the Premises. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. The Village shall similarly protect, indemnify and hold and save harmless Park District's Indemnitees from and against any and all claims, costs, causes, actions and expenses including Legal Fees, incurred by reason of the Village's failure to fully perform any of its obligations under, and/or Village's breach or default of or under, any material provision of this Agreement, excluding indemnification for any grossly negligent, willful 7 and/or intentional misconduct by any of the Park District's Indemnitees. It is further agreed by the Village that failure of the Village to indemnify, defend and hold harmless Park District's Indemnitees as provided in this Section 10 shall constitute a breach of a material term of this Agreement. The Village's indemnification obligations shall survive the expiration or termination of the Term. Nothing contained in this Agreement is intended to constitute nor shall constitute a waiver of the rights, defenses, and immunities provided or available to either Party under the Illinois Local Governmental and Governmental Employees Tort Immunity Act with respect to claims by third parties. Section 11. Modification. The terms of this Agreement may be modified only by written mutual agreement of the Parties. Section 12. Default and Termination. In the event of a failure to perform any material obligation under this Agreement or a default or breach of this Agreement (hereinafter referred to as "Default") by either Party (hereinafter referred to as the "Defaulting Party"), the other Party (hereinafter referred to as the "Non -Defaulting Party) may terminate this Agreement upon 30 days prior written notice (hereinafter referred to as the "Default Notice") to the Defaulting Party, pursuant to the terms of this section. The Default Notice shall specify the Default, and the action required to cure said Default. The Defaulting Party shall have the opportunity to cure the Default during said thirty (30) day period; provided that, in the event that the Default cannot be cured within said thirty (30) day period, and the Defaulting Party commences to cure the Default within said thirty (30) period, the Defaulting Party shall have one hundred eighty (180) days from the date of the Notice of Default in which to cure the Default (hereinafter referred to as the "Cure Period"). In the event the Default is not cured by the end of the Cure Period, the Non -Defaulting 8 Party may terminate this Agreement and pursue any and all remedies available at law or equity. The Village agrees that at the expiration or termination of the Term, or the termination of the Lease for any reason, it shall yield its right, title and interest in and to the Premises. Any improvements made on the Premises by the Village shall be removed by the Village at its sole cost and expense within thirty (30) days thereafter, and the Village shall restore the Premises to their condition at the beginning of the Term, ordinary wear and tear excepted. Any remaining improvements that the Parties agree will remain on the Premises shall become the property of the Park District. Section 13. Miscellaneous. (a) Captions. The captions of this Agreement are for convenience only and are not to be construed as part of this Agreement and shall not be construed as defining or limiting in any way the scope or intent of the provisions hereof. (b) Severability. If any term or provision of the Agreement shall to any extent be held invalid or unenforceable, the remaining terms and provisions of this Agreement shall not be affected thereby, but each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. (c) Binding on Successors and Assigns. All of the covenants, agreements, conditions and undertakings contained in this Agreement shall extend and inure to and be binding upon the heirs, executors, administrators, personal representatives, successors and permitted assigns of the respective parties hereto. Nothing herein contained shall be construed to grant or confer upon any person or persons, firm, corporation, or governmental authority, other than the Parties hereto, their lawful or permitted heirs, executors, administrators, successors and assigns, any right, claim, or privilege by virtue of any covenant, agreement, condition or undertaking contained in this Agreement. 01 (d) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue for all purposes shall be the Circuit Court of Cook County, Illinois. (e) Compliance with Law. The Parties shall comply with all applicable federal, state, county, and local statutes, ordinances, rules, regulations, and codes. (f) Relationship of the Parties. Nothing in this Agreement shall be deemed to create any joint venture or partnership between the Parties. Neither the Village nor the Park District shall have the power to bind or obligate the other except as to the extent expressly set forth in this Agreement. (g) No Third Party Rights. Notwithstanding any provision herein to the contrary, this Agreement is entered into solely for the benefit of the contracting Parties, and nothing in this Agreement is intended, either expressly or impliedly, to provide any right or benefit of any kind whatsoever to any person or entity who is not a Party to this Agreement or to acknowledge, establish or impose any legal duty to any third party. No claim as a third party beneficiary under this Agreement by any person, firm, or corporation shall be made or be valid against the Park District and/or the Village. (h) Waiver. No waiver of any rights which either Party has in the event of any default or breach by the other Party under this Agreement shall be implied from the non -breaching Party's failure to take any action on any such breach or default and no express waiver shall affect any breach or default other than the breach or default specified in the express waiver and then only for the time and to the extent therein stated. 10 (i) Authority to Execute. The individual officers of the Village and the Park District who have executed this Agreement represent and warrant that they have the full power and lawful authority to execute this Agreement and perform and fulfill the obligations and responsibilities contemplated hereunder on behalf of and in the name of their respective governing boards. 0) Counterparts. This Agreement may be executed in counterparts, each of which shall be considered an original and together shall be one and the same Agreement. (k) Time for Performance. Time is of the essence under this Agreement. (1) Cooperation. Grantor and Grantee agree to promptly execute and deliver all documents reasonably deemed necessary by either party to more fully evidence or effectuate the terms of this Agreements. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be signed by their duly authorized representatives on the day and date mrittM�y, VILLAGE OF MOUNT PROSPECT Attest: 4 iItoje len, - 11 MT. PROSPECT PARK DISTRICT By: Preside Attest:.mm. a ACKNOWLEDGEMENTS STATE OF ILLINOIS ) ss. COUNTY OF COOK 1, the undersigned, a Notary Public in and for Cook County, Illinois, do hereby certify that and QV,,.personally known to me to be * -be the same persons whose names are subscribed to the foregoing Agreement, each appeared before me this day in person and acknowledged that, as President of the Mt. Prospect Park District Board of Commissioners and the Secretary of the Mt. Prospect Park District Board of Commissioners, they signed and delivered the Agreement, pursuant to the authority given by the Mt. Prospect Park District, as their free and voluntary act and as the free and voluntary act and deed of Mt. Prospect Park District, for the uses and purposes set forth in the Agreement. '�) "d 2,0 Given, under my hand and official seal this ay of Notary Public OFWKWL 0010KCWfM STATE OF WWO W00MmjsqMMVMAM0?.2W 12 STATE OF ILLINOIS ) ss. COUNTY OF COOK ) y I the undersigned Notary in � �� id County, in the State aforesaid, do hereby y and for said ' certif that to ' � � ��t ^,� and �c� w�kir,c,-� , personally known to me to be the Village President of the Village of Mount Prosp&t, and the Village Clerk for the Village of Mount Prospect and personally known to me to be the same persons whose names are subscribed to the foregoing Agreement, each appeared before me this day in person and acknowledged that, as the Village President and Village Clerk, they signed and delivered the Agreement, pursuant to the authority given by the Village of Mount Prospect as their free and voluntary act and as the free and voluntary act and deed of the Village of Mount Prospect, for the uses and purposes set forth in the Agreement. d 17 Given under my hand and official seal this day of Aft, 20_j NotaWFfth lGEAL DOREEN C JAROSZ NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:04/13/22 13 EXHIBIT A DEPICTION OF LEASED PREMISES (Attached) 14 d d LL O O M O LCA N O O N O Ln r O O r O Ln LA N O EXHIBIT A-1 LEGAL DESCRIPTION OF LEASED PREMISES The existing vehicle parking area enclosed by the following boundary: Beginning at the northwest corner of lot 2 of Block 305 (better known as Lions Park) in the E1/2 SW1A Section 12-41-11 in Elk Grove Township, thence east along the north property line of said lot 355 feet, thence south on a bearing 90° perpendicular to the north property line 75 feet, thence west on a bearing parallel to the north property line 209 feet, thence south on a bearing 90° perpendicular to the north property line 72 feet, thence west on a bearing parallel to the north property line 146 feet to a point on the west property line of said lot, thence north along the west property line 147 feet to the Point of beginning. 15