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HomeMy WebLinkAboutRes 02-16 02/02/2016 - Intergovernmental Settlement Agreement and Release - VOMP and District 57RESOLUTION NO. 02-16 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE BOARD OF EDUCATION OF MOUNT PROSPECT SCHOOL DISTRICT 57 WHEREAS, this Intergovernmental Settlement Agreement and Release (the "Agreement) is made and entered into by and between the Board of Education of Mount Prospect School District 57, Cook County, Illinois (the "School') and the Village of Mount Prospect, a municipal corporation (the "Village"); and WHEREAS, both the 1970 Illinois Constitution (Article VII, Section 10) and the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorize and encourage intergovernmental cooperation; and WHEREAS, the Board of Education of Mount Prospect School District 57 is the owner of certain real estate currently identified as Lots 1420 and 1421 West Central Road, Mount Prospect, Illinois (the "Property") commonly known as part of Westbrook School property; and WHEREAS, in 1993, the Village of Mount Prospect purported to rezone the Property from R-1 to CR; the latter being a more restrictive zoning classification; and WHEREAS, the Board of Education of Mount Prospect School District 57 has challenged the validity of the CR zoning as applied to the Property; and WHEREAS, the Village of Mount Prospect and the Board of Education of Mount Prospect School District 57 have determined it is in the best interest of the community to compromise and settle their differences by entering into the Intergovernmental Settlement Agreement and Release, a copy of which is attached hereto as Exhibit "A," and incorporated into this resolution. NOW THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Mount Prospect: SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Settlement Agreement and Release between the Village of Mount Prospect and the Board of Education of Mount Prospect School District 57. SECTION TWO: That the Mayor is authorized to sign the Intergovernmental Settlement Agreement and Release, attached and made part of this Resolution as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Matuszak, Polit, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 2nd day of February, 01 6. Arlene A. Juracek Mayor ATTEST: M. Lisa Angell Village Clerk H:\CLKO\WIN\RESOLUTION\schooldistrict57.doc INTERGOVERNMENTAL SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (the "Agreement") is made and entered into as of this 2nd day of February, 2016 by the Village of Mount Prospect (the "Village"), a municipal corporation, and the Board of Education of Mount Prospect School District 57, a statutory Illinois School District ("School'). The Village and the School are collectively referred to as the "Parties". The term Party may be used to refer to either the Village or the District. WHEREAS, the School is the owner of certain real estate, currently identified as Lots 1420 and 1421 West Central Road (P.I.N. 08-11-100-006- 0000), Mount Prospect, Illinois, (the "Property"), commonly known as part of the Westbrook School property; and WHEREAS, in 1993, the Village purported to rezone the Property from R- 1 to CR; the latter being a more restrictive zoning classification; and WHEREAS, the School has challenged the validity of the CR zoning as applied to the Property; and WHEREAS, each Party has indicated a willingness to litigate the matter (the "Threatened Litigation"); WHEREAS, the Parties have agreed to settlement for economic reasons, in no way admitting liability under the claims pled by each respective Party, and hereby deny all allegations made as part of the Threatened Litigation by each respective Party; and WHEREAS, the Parties desire to compromise and settle their differences, so as to avoid the expense of litigation; and WHEREAS, all necessary hearings have been duly noticed and held by the Village in order to recognize the validity of rezoning the Property to R-1; and WHEREAS, the Planning and Zoning Commission of the Village of Mount Prospect has recommended approval of R-1 zoning for the Property. NOW, THEREFORE, in consideration of the foregoing and of the covenants, terms, and conditions contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 358140_1 1. The recitals set forth above are adopted and incorporated as substantive provisions of this Agreement as if fully set forth. 2. The Village hereby approves the rezoning of the Property from CR to R-1 in exchange for full and final settlement of all claims of any kind that could have been brought by the School in the Threatened Litigation related to the zoning designation of the Property, as well as waiver and release of any and all claims or causes of action of any kind, suits, damages, costs, expenses and liabilities (including reasonable attorneys fees and court costs) of any kind, whether asserted or unasserted, known or unknown, which the School has or may have against the Village or any of its former, current, and future officials, mayors, trustees, officers, servants, employees, agents, attorneys, engineers, volunteers, successors, heirs, executors, administrators and assigns and any agencies, departments, divisions and employees, servants and agents (the "Village Affiliates"), related to the zoning designation of the Property. As part of this settlement, the Village agrees to the settlement of all claims of any kind that could have been brought by the Village against the School, its former, current, and future officials, employees, board members, officers, servants, agents, and attorneys in the Threatened Litigation, as well as waiver and release of any and all future claims or causes of action of any kind, suits, damages, costs, expenses and liabilities (including reasonable attorneys fees and court costs), whether asserted or unasserted, known or unknown, which the Village has or may have against the School arising out of the rezoning or Threatened Litigation. 3. In addition, the School, by this Agreement, grants to the Village a First Right of Refusal to purchase or lease the Property or any portion of the Property before it is sold, leased or otherwise alienated to any non-governmental third party ("First Right") for a period of twenty-five (25) years after the date of final approval of this Agreement by both parties. 4. The protocol for this First Right shall be as follows: A. Any contract to alienate the Property or portion of the Property by the School shall contain language recognizing the existence of the Village's First Right. B. The School District will give the Village notice of its intent to sell the Property at the time it publishes any statutorily required notice of public sale. The Village shall have 60 days from the date it receives notice of the public sale to exercise its First Right to acquire title to or use of the Property from the School on the same terms as those set forth in any contract ultimately accepted by the School District as a result of the public sale. Any acceptance by the School District of a contract to sell the Property will be conditioned upon the 358140_1 2 Village's First Right and the School District will tender a copy of the contract to the Village for its review. C. If the Village does not exercise the First Right pursuant to this Agreement; the School shall then have the absolute right to alienate the Property pursuant to the terms of the Proffered Agreement. D. If the Village notifies the School of its exercise of the First Right, but does not proceed to close on the purchase of the Property, this Agreement will terminate. 5. Each Party shall bear its own costs and attorneys' fees with respect to the Threatened Litigation and the preparation and execution of this Agreement. Each Party waives and releases any claims of any kind relating to costs, attorneys' fees, or expenses under any code, ordinance, statute, rule of court or other law or provision awarding the same. 6. The Parties expressly agree that the Circuit Court of Cook County shall have jurisdiction to enforce the provisions of this Agreement. 7. The Parties hereby agree to indemnify and hold harmless each other, their officers, agents, and employees, and its successors and assigns (including the Village Affiliates), from and against any and all claims or causes of actions of any kind, suits, damages, costs, expenses and liabilities (including reasonable attorneys fees and court costs) of any kind, brought by any third parties who assert rights or file claims or causes of action of any kind relative to any matter arising under or relating to matters covered by this Agreement or in any way related to the Parties' performance under this Agreement. 8. The Parties warrant that they have full right, title, power and authority to execute this Agreement and to release these claims. The Parties further warrant that they have read this Agreement and have been fully informed and have full knowledge of its terms, conditions, and effects, and they have, either personally or through their attorneys, fully investigated to their satisfaction the facts surrounding the various claims asserted in any Threatened Litigation, and understand and are fully satisfied with the terms and effects of this Agreement, which is contractually binding. The Parties further warrant that this Agreement is executed of their free act and deed, without reliance on any statement or representation other than as set forth in this Agreement. 358140_1 9. This Agreement may be executed in counterparts, including by electronic signatures, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. This Agreement shall be construed in accordance with Illinois law. 10. The provisions of this Agreement are severable. If any provisions of this Agreement shall be prohibited or found to be invalid under applicable law, the other provisions shall remain fully valid and enforceable. This Agreement shall not be deemed an admission by any Party. 11. This Agreement constitutes the entire Agreement between the Parties with respect to the subject matter. There are no other promises, covenants, warranties, or representations, of whatever name or nature, whether written or oral, which are not set forth in this Agreement. The terms of this Agreement are contractual and not mere recitals. This Agreement shall not be altered, amended modified or otherwise changed by any oral communications of any kind or character, or by any written communication, unless signed by a duly authorized representative of each of the Parties. IN WITNESS WHEREOF, the Parties acknowledge that they have read this Agreement, fully understand it, and sign it as their free and voluntary act. The Parties further acknowledge that they cause this Agreement to be duly executed by their duly authorized representatives with effect from the date first set forth above. BOARD OF EDUCATION OF MOUNT PROSPECT SCHOOL DISTRICT 57 By: it r Name: Karen L. Neidl Title:President, Board of Education Attest: r VILLAGE OF MOUNT PROSPECT BOARD OF TRUSTEES By: Name: 4P—L�k/t" cl �J2l c�/C Title: H 4'--10 Attest: 358140_1 4