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HomeMy WebLinkAboutRes 31-81 08/18/1981 f\. A RESOLUTION NO. 31-81 A RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO THE MSD AGREEMENT REAS, the Village of Mount Prospect has heretofore entered tnto an Agreement with the Metropolitan Sanitary District of þreater Chicago and the Village of Arlington Heights relative 0 the use of the retention basin known as the Mount Prospect etention Reservoir, which agreement is dated February 20,1975 nd HEREAS, the Village of Mount Prospect supports the continued Fooperation between the parties of said Agreement. rOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTE S pF THE VILLAGE OF }-iOUNT PROSPECT, COOK COUNTY, ILLINOIS: ECTION ONE: The Village of Mount Prospect advocates the use 0, pen space and believes it to be in the best interests of the illage that the Mount Prospect Retention Reservoir, generally ocated on Central Road at Busse Road in Mount Prospect, Illino s e utilized for recreational and sports activities: carnivals, airs, and fireworks displays, as sponsored by local civic rganizations. ECTION TWO: That application for any carnival, fair or firewo k isp ay would be made to the Village of Hount Prospect, which equest would be reviewed and granted or denied by said Village I ECTION THREE: Applications for construction of any recreation 1 ¡,structure or altera~ion of existing land would first be made to ¡the Village of Mount Prospect for. review and then submitted to I~he Metropolitan Sanitary District for final approval. I.I~CTION FOæ: The Village of ~=t Prospect will cooperate wit t e Arlington Heights "and Mount Prospect Park Districts in the /develo?ment of this site for recreational use which will benefi :Tesidents of both communities. SECTION FIVE: That this Resolution shall be in full force and Ie ect rom and after its passage and approval in the manner ¡provided by law. . Ayes: Farley, Floras, !1i11er, Murauskis, Wattenberg Naye s: None ABSENT : I I II . I Passed Arthur and approved this 18th. day of August ,1981. APPROVED: Gdc~, /I Jdu~- Hayor r I' ATTEST: ,L~ ~ Y1~ Ie erk ". , ~ '. "~I " '~ >, , . 3196B AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ~ MOUNT PROSPECT PARK DISTRICT AND THE ARLINGTON HEIGHTS PARK DISTRICT FOR THE TEMPORARY RECREATIONAL USE OF MOUNT PROSPECT RETENTION RESERVOIR COOK COUNTY, ILLINOIS PROJECT 69-308-2F (MELAS PARK) I J\ THIS AGREEMENT, made and entered into this ')\ $r:;ay of . ~\j "--1 ~ L, 1982, by and between THE VILLAGE OF MOUNT PROSPECT, , .......) a municipal corporation, hereinafter referred to as the "village," and the Mount prospect Park District and the Arlington Heights Park District, municipal corporations, hereinafter referred to as "the Districts." WIT N E SSE T H ---------- WHEREAS, all the parties hereto are legal entities organized and existing under the laws of the State of Illinois; and WHEREAS, the Village has entered into an agreement dated the 24th day of September, 1981, with the Metropolitan Sanitary District of Greater Chicago hereinafter referred to as the "Sanitary District," to maintain and use the Mount Prospect Retention Reservoir (Melas Park), for recreational and sport activities: NOW, THEREFORE, for and in'consideration of Ten and No/IOO Dollars ($10.00) and the premises, covenants and undertakings of the parties hereinafter contained, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto agree as follows: SECTION ONE The village for and in consideration of the payment of the fees contained, does hereby grant to the Districts permission to use Me1as Park for soccer, football, softball and baseball fields, and picnic and playground areas, for a period of one year commencing upon the date of this Agreement, and thereafter until this Agreement is terminated as hereinafter set forth. Said recreational uses shall . , " .1 ~ .. f be estab1i~h~~and loóated as shown on the Site Plan aL~ached hereto , . and made a part of this Agreement by reference. SECTION TWO The Districts agree and specifically understand that permission is confined solely to the non-exclusive privilege to the Districts to use the premises set forth in Section One; that the authority and permission herein given does not thereby grant unto the Districts any interest or estate in the said lands, but is a mere persona]. privilege to do certain acts on the lands entrusted to the Village by the Sanitary District and that both the Village and the Sanitary Distriptretain control of said lands, including access thereto at all times, and the right to enter upon the p~emisesherein I described for the purpose of making such surveys, soil borings or other purposes as may be deemed necessary by the Village or the Sanitary District in the furtherance of corporate purposes. In addition the Village reserves the right to allow use of the premises, from time to time, for carnivals, fairs or fireworks displays sponsored by local civic organizations. SECTION THREE The Village hereby reserves the right to terminate the recreational use under this Agreement at any time without cause and for any reason it deems proper, upon giving sixty (60) days notice, in writing, of such termination to the Districts, and thereupon, the Districts, at their expense, shall vacate said premises and remove their effects therefrom. In the event the Districts use or allow the premises to be used for any illegal purposes, or for any purpose other than that hereinabove specifically provided, or violate any of the provisions hereof, or in the event the Sanitary District should for any reason, terminate its Agreement with the Village regarding use of the premises herein, then this Agreement may be terminated by the .... 2 - ._... .- '-- ..---"'--.-'--'--'-'- _. . . " . . ~ , j Village upon giving the Districts three (3) days written notice to cease such improper activity and correct such violation, which Notice the Districts fail or are unable to comply with and thereupon the Districts shall forthwith vacate said premises and remove their effects therefrom, at their expense. Neither the Village, nor the Sanitary District shall be liable for any loss, cost or damage incurred by the Districts by reason of the exercise of the right of the village to cancel this Agreement. SECTION FOUR The Districts shall be solely responsible for and shall defend, indemnify, keep and save harmless, the Village of Mount prospect and the Sanitary District, its officers, commissioners, agents and employees, against all injuries, deaths, losses, damages, claims, suits, 1~abi1ities, judgments, costs and expenses, which may in any way accrue, directly or indirectly, against the Village or the Sanitary District, its officers, agents or employees, in consequence of the granting of this permission, or which may in any way result therefrom or from any work done thereunder, whether or not it shall be alleged or determined that the act was caused through negligence or omission of the Districts, or Districts' employees, or of any contractor or subcontractor, or their employees, if any, and the Districts shall, at their sole expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith. The Districts, prior to entering upon said premises and using the same for the purposes for which this permission is issued, shall procure, maintain and keep in force, at Districts' expense, public Liability and property damage insurance in which the Village and the Sanitary District, its Commissioners, officers, agents and employees, are a named additional insured, said policy with limits of not less than: - 3 - . . . '. .. . '. .n Bodily Injury Liability Each Accident' Property damage Liability Each Accident $3,000,000 $1,000,000 Prior to using said premises, the Districts shall furnish to the Village certificates of such insurance or other suitable evidence that such insurance coverage has been procured and is maintained in full force and effect. Such insurance shall provide that no change, modification in or cancellation of any insurance shall become effective until the expiration 'of ten (10) days after written notice thereof shall have been given by the insurance company to the village. The provisions of this Section shall in no way limit the 1i~bi1ity of the Districts as set forth under the provisions of the first paragraph of Section Four. The Districts expressly understand and agree that the I insurance protection required by this Agreement, or otherwise provided by the Districts, shall in no way limit the responsibility of the Districts to defend, indemnify, keep and save harmless the village and the Sanitary District SECTION FIVE The Districts also agree that if the village incurs any additional expense for additional work which the Village would not have had to incur if this Agreement had not been executed, then, in that event, the Districts agree to pay to the Village such additional expense as determined by the Mayor and Board of Trustees of the village, promptly upon rendition of bills therefor to the Districts. SECTION SIX The Districts shall not erect or allow to be erected any structure of any type or kind upon said premises except with the consent, in writing, of the village Director of public Works and of the Chief Engineer of the Sanitary District first having been obtained. The Districts agree not to maintain any nuisance on the premises or permit any noxious odors to emanate from the premises - 4 - --- -- 'n' -- "-----"'-'-'-' , '. , ,>,,' '. , ._.~ which shal. . in any manner injurious to the health comfort of persons residing or being in the vicinity of said premises, and the Districts further covenant and agree to keep the premises in a clean and sanitary condition. The Districts further covenant and agree that on or before the termination date, of this Agreement the Districts shall remove or cause to be removed, any and all debris on the premises, and any and all equipment, facilities, or other things erected or placed upon said premises, and will yield up said premises to the village in as good condition as when the same was entered upon by the Districts. Upon the Districts' failure so to do, the Village may accomplish such removal at the sole expense and cost of the Districts. SECTION SEVEN Any notice herein provided to be given shall be deemed properly served if delivered in writing personally or mailed by registered or certified mail, postage prepaid, return receipt requested, to the Village in care of such persons'or addresses as either party may from time to time designate in writing. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in triplicate by their duly authorized officials, and to be duly attested and have caused their corporate seals to be affixed hereunto, all on the day and year first above written. \, . ' ATTEST: .'7 ' ' / ~/ ~c/--;';/'/'./ . ¡.. '/ 9r ~'Ó", ..,/ ~,'44,rr-t- f' -, i/ ...{ (' j /}C...cL/ VILLAGE CLERK VILLAGE OF MOUNT PROSPECT . (~/C( ~~.~/ . /1 Jio L ~ "- MAYOR'} MOUNT PROSPECT PARK DISTRICT ~k (J1. óL~- A'57~ST: ' /ì jß"-"nü,-~) U7~ ATTEST: J~~? /~ ¡;? .~ ¿¿;~Æ'L--- ARLINGTON HEIGHTS PARK DISTRICT ILwP ÎLt~ - 5 -