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HomeMy WebLinkAboutRes 25-25 09/02/2025 Approving An Intergoverrnmental Agree Between The Village Of Mount Prospect And The Mt. Prospect Park District For The Development Of An Aquatic Center And Skate Plaza At Lion Memorial ParkRESOLUTION NO. 25-25 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MT. PROSPECT PARK DISTRICT FOR THE DEVELOPMENT OF AN AQUATIC CENTER AND SKATE PLAZAAT LIONS MEMORIAL PARK WHEREAS, the Constitution of the State of Illinois, 1970, Article VII, Section 10, authorizes units of Local government to contract or otherwise associate amongst themselves in any manner not prohibited by law or ordinance; and WHEREAS, the Village of Mount Prospect and the Mt. Prospect Park District are units of government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and WHEREAS, the Village and the Park District desire to cooperate on the development of an Aquatic Center and a Skate Plaza at Lions Memorial Park for the benefit of the residents of the Village and surrounding community; and WHEREAS, under the terms of the Agreement, the Village will contribute One Million Five Hundred Thousand Dollars ($1,500,000) from Prospect & Main Tax Increment Financing District funds as reimbursement upon completion of the Facilities, and will waive permit and inspection fees for the project; and WHEREAS, the Park District will contribute additional funds toward the development of the Facilities, and upon completion, will make the Aquatic Center and Skate Plaza, as well as other recreational and athletic facilities at Lions Memorial Park, available for the use and enjoyment of the general public; and WHEREAS, the President and Board of Park Commissioners of the Mt. Prospect Park District and the Mayor and Board of Trustees of the Village of Mount Prospect find it in the best interests of the public to approve the Agreement; NOW, THEREFORE, BE IT ORDAINED/RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION O. ,: The Board of Trustees does hereby authorize the Village of Mount Prospect to enter into an Intergovernmental Agreement with the Mt. Prospect Park District in the Intergovernmental Agreement, a copy of which is attached hereto and made part of this Resolution as Exhibit A. SNTTION.TWQ:That the Mayor is authorized to sign the agreement and the Village Clerk to attest. S-E TIO N N-LN E : That this resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Dante, DiPrima, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: None PASSED and APPROVED this 2"d day of September 2025. ; . . . . . . . . . . . . . . . . ........ Paul Wm. Hoefert, ayor ATTEST: Caren M, Agoranos, \Aage Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MT. PROSPECT PARK DISTRICT FOR THE DEVELOPMENT OF AN AQUATIC CENTER AND A SKATE PLAZA AT LIONS MEMORIAL PARK This Intergovernmental Agreement ("Agreement") is made and entered into this lm" day of f, 2025 ("Effective Date"), by and between the Village of Mount Prospect, an Illinois home rule municipal corporation (hereinafter referred to as "Village") and the Mt. Prospect Park District, an Illinois unit of local government (hereinafter referred to as "Park District") (collectively "Parties") to set forth terms for the development and use of an Aquatic Center and a Skate Plaza (the "Facilities") at Lions Memorial Park, a public park owned and operated by the Park District. "Lions Memorial Park" as used herein shall not refer to or incorporate "Lions Park School" owned and operated by the Mount Prospect School District 57 and which is located adjacent to Lions Memorial Park. 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, the Parties are units of government within the meaning of the 1970 Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter into an intergovernmental agreement; and 1 WHEREAS, the Village believes it is in the best interests of its residents to promote the development of the Facilities at Lions Memorial Park which is owned and operated by the Park District by providing funding for the project; 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 make improvements within its Prospect/Main Tax Increment Financing District (hereinafter referred to as the "TIF") within the Village limits, in which existing conditions permit such area to be classified as a "conservation area" or "blighted area" as required by the Act; and WHEREAS, pursuant to the TIF, the Village seeks to allocate funds to the Park District for use in developing the Facilities to the benefit of Mount Prospect residents living in the vicinity of the park; and WHEREAS, the Park District also will contribute funds for the development of the Facilities; and WHEREAS, in exchange for providing funding for the development of the Facilities, the Village believes the new Aquatic Center and the Skate Plaza, along with other recreational and athletic facilities at Lions Memorial Park should be readily available for the use of Mount Prospect citizens; and WHEREAS, the Parties have determined that it is in their best interest to enter into an agreement that sets forth their obligations pertaining to the development of the Facilities and the use of the Aquatic Center and a Skate Plaza at Lions Memorial Park; 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 K 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, on this day of „ 2025, as follows: Section 1. Incorporation. The above Recitals are incorporated by reference into this Section 1 as though fully set forth herein. Section 2. Funding The Project. The Village shall contribute $1,500,000 in funding for the development of the Facilities with these funds coming from incremental revenues collected pursuant to the Prospect & Main TIF. The Village's contribution shall be provided as reimbursement to the Park District upon completion of the Facilities. Additionally, the Village shall waive all permit and inspection fees required for the Project, estimated at $438,148.00 for building permit fees, $185,505.00 for site development fees, plus any fees for parkway trees ($300 per tree). Section 3. Availabilit , of Lions Memorial Park Athletic and Recreational Facilities Including the Aquatic Center and the Skate Plaza to the General Public, The Parties recognize and agree that after completion of the Facilities, the Park District shall make the new Aquatic Center and Skate Plaza, along with other recreational and athletic facilities at Lions Memorial Park, readily available for the use and enjoyment of the general public. To that end, the Parties shall work together to establish a schedule that makes available to the general public the Lions Memorial Park athletic and recreational facilities, including the Aquatic Center and the Skate Plaza, while also accommodating the use of these facilities for Park District programming and by community organizations that depend on access to and use of the Lions Memorial Park resources. Admission fees for the Aquatic Center shall be managed by the Park District, while usage of the Skate Plaza shall be at no -charge outside of hours of fee -based recreational or instructional programming managed or sponsored by the Park District. 3 Section 4. Term. This Agreement shall have a term of10 years that automatically renews for an additional ten-year term unless terminated by consent of the Parties. Section 5. General Provisions. 5.1. Governin Law and Venue. This Agreement shall be interpreted under, and governed by, the laws of the State of Illinois. Any claim, suit, action or proceeding brought in connection with this Agreement shall be in the Circuit Court of Cook County, Illinois, and all the Parties consent to the personal and subject matter jurisdiction of said Circuit Court and waive any claim that venue therein is not proper. 5.2. Modification of the Agreement. This Agreement shall not be modified, altered, or amended in any way except in writing agreed upon by both Parties. 5.3. Notices. All written notices made pursuant to this Agreement shall be directed to the specified individuals at the addresses set forth below by any of the following means: personal service, overnight courier or first-class mail, postage pre -paid. TO MT. PROSPECT PARK DISTRICT: Mr. Jim Jarog Executive Director Mt. Prospect Park District 1000 West Central Road Mount Prospect, Illinois 60056 TO THE VILLAGE OF MOUNT PROSPECT: Mr. Michael J. Cassady Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 5.4. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes and replaces any and every other prior or contemporaneous agreement, 0 negotiation, understanding, commitments and/or other writings with respect to the subject matter herein. 5.5. Effective/ Contingency. This Agreement shall be effective as of the date hereinabove set forth but the rights and obligations of the Parties hereunder shall be contingent upon the Park District's issuance of general obligation referendum park bonds some proceeds of which shall be used to defray, in whole or in part, its share of the cost of development of the Facilities. IN WITNESS WHEREOF, the Village of Mount Prospect and the Mt. Prospect Park District have caused this Agreement to be executed by their respective officials on the dates indicated. VILLAQE OF MOUNT *P/ROS .T........ Paul Wm. Hoefert Mayor This day of���t'^��„i125 ATTEST: Ka�i�oranos Mount Prospect Village Clerk 5 MT. PROSPECT PARK DISTRICT Timothy Doherty President This _ day of , 2025 ATTEST: William J. Starr Mt. Prospect Park District, Secretary negotiation, understanding, commitments and/or other writings with respect to the subject matter herein. 5.5. Effective/ Contingency. This Agreement shall be effective as of the date hereinabove set forth but the rights and obligations of the Parties hereunder shall be contingent upon the Park District's issuance of general obligation referendum park bonds some proceeds of which shall be used to defray, in whole or in part, its share of the cost of development of the Facilities. IN WITNESS WHEREOF, the Village of Mount Prospect and the Mt. Prospect Park District have caused this Agreement to be executed by their respective officials on the dates indicated. VILLAGE OF MOUNT PROSPECT Paul Wm. Hoefert Mayor This day of mmmmmmmmmmmmmmm, 2025 ATTEST: Karen Agoranos Mount Prospect Village Clerk 5 MT. PROSPEC ARK DISTRICT _......... _......... ........_.._ Timothy Doherty President This day of �, 2025 r ATTEST: . . . ............ . William J S parr Mt. Prospect Park District, Secretary