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HomeMy WebLinkAboutRes 14-91 04/16/1991 AF/ RESOLUTION NO. 14-9t A RESOLUTION AUTHORIZING ~XECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT AND ARLINGTON HEIGHTS PARK DISTRICTS RELATIVE TO MELAS PARK WHEREAS, the Village of Mount Prospect and the Metropolitan Sanitary District of Greater.Chicago, now known as The Metropolitan Water Reclamation District of Greater Chicago, did enter into a Lease Agreement, for property commonly known as Melas Park, generally located on the north side of Central Road at Busse Road in the Village of Mount Prospect; and WHEREAS, th~ Village of Mount Prospect is desirous of entering into an Agreement with the Mount Prospect Park District and the Arlington Heights Park District relative to the recreational activities, maintenance responsibilities, and areas of liability governing Melas Park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Village Clerk are hereby authorized and directed to sign the Agreement between the Village of Mount Prospect and the Mount Prospect and Arlington Heights Park Districts, as copy of which is attached hereto and hereby made a part hereof 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: Busse, Corcoran, Floros, Van Geem, Weibel NAYS: None ABSENT: Arthur PASSED and APPROVED this 16th day of APril ~ 1991. Gerald L. Farle Mayor / ATTEST: Carol A. Fields Village Clerk ~RAFT No. 12 AN AGREEMENT BETWEEN 'r~ VIT.T.AGE OF MT. PROSPECT, 'r~t~ MT. PROSPECT PARK DISTRICT, AND THE ARLINGTON HEIGHTS PARK DISTRICT FOR THE RECREATIONAL USE OF WATER RECLAMATION DISTRICT RETENTION RESERVOIR COOK COUNTY, ILLINOIS (HELAS PA~K) THIS AGREEMENT, made and entered into this 16th day of April 19 9] by and between THE VILLAGE OF MT. PROSPECT, a municipal corporation (hereinafter referred to as the "Village"), the MT. PROSPECT PARK DISTRICT and the ARLINGTON HEIGHTS PARK DISTRICT, municipal corporations, (hereinafter jointly referred to as "the Park Districts"). WITNE S SETH 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, and amended on the 18th day of July, 1989, with the Water Reclamation District of Greater Chicago (hereinafter referred to as the "Water Reclamation District") to develop, improve, maintain and use the Water Reclamation District Retention Reservoir (Melas Park) "the premises", as further described on Exhibit 1 attached hereto, for recreational and sport activities. NOW, THEREFORE, for and in consideration of Ten and No/100 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 GRANT OF LICENSE A. The Village does hereby grant to the Park Districts the exclusive use of Melas Park except as otherwise provided herein, for recreational events and activities for a period commencing on the date of this agreement up to and including May 31, 2011, and continuing thereafter until terminated by either party upon 80 days prior written notice. The Park Districts shall have the right at their sole expense to install athletic field lighting, shelter houses and other recreational support facilities, recreational equipment, landscaping, shrubs and other plant material and parking lots all subject to the prior written approval of the Metropolitan Water Reclamation District's Chief Engineer and the Village Manager. The lighting and shelter houses and parking lots shall be as set forth in Exhibit A attached hereto and made a part hereof. The Park Districts acknowledge that they have inspected the premises and accept the premises in "as is" condition and waive any claims against the - 2 - Village of Mount Prospect for any current or future defects which may be discovered, except for any defects not apparent by visual inspection and in particular, without limitation, any subsurface hazardous or toxic conditions. The Park Districts shall be responsible for any hazardous or toxic condition they may create. B. The Village has graded and otherwise prepared the premises for use by the Park Districts. C. The Village or the entity responsible for construction or installation of the underground storm drainage systems, pump house, north parking lot and road leading into and out of the premises currently in place shall maintain such improvements at its expense. The Park Districts shall maintain the balance of thepremises and the recreational improvements on the property and share the cost of such maintenance between themselves as they may mutually agree. D. Ail maintenance and service fees for the electrical service on the plateau bordering Central Road shall be the responsibility of the agency using such service or authorizing the use of such service by a third party. E. Anything in this agreement to the contrary notwithstanding, the Village reserves the right to conduct maintenance on the underground drainage systems serving the retention basin at any time on 48 hours notice to the Park Districts. The Village will use its best efforts not to disrupt Park District programs but the Village shall not be liable' for any disruption to said programs. This shall in no w~ affect the - 3 Village's right to conduct emergency maintenance without notice to any parties. F. The Park District shall grade and seed the portions of the premises as set forth on Exhibit A by December 31, 1991 and will use their.best efforts to complete the other items as outlined on Exhibit A as soon as reasonably possible taking into consideration the financial resources and the recreational needs of the Park Districts and two communities. SECTION TWO USE A. The Park Districts agree and specifically understand that the license is granted exclusively to the Park Districts. The license does not give the Park Districts any interest or estate in the land. Both the Village and the Water Reclamation District, except as herein provided otherwise, retain control of said premises, including access thereto at all times for emergency purposes and routine testing and maintenance and the right to enter upon and use the premises for the purpose of making such surveys, soil borings or other purposes as may be deemed necessary by the Village or the Water Reclamation District in the further- ance of corporate purposes. However, any such use of the property, except for emergencies and routine testing and maintenance by the Water Reclamation District or the.Village, which would interfere with scheduled Park Distri~ programs or activities may be made only upon at least 80 days prior written notice. The Park Districts shall have the right to determine reasonable programs to be conducted on the.premises'and the hours during which the public may have access to the premises. B. The Village reserves the right to allow use of the premises for the annual 4th of July celebration, including a fireworks display, as well as up to four (4) other community events per year,'the dates, term and duration shall be mutually coordinated by the parties. C. Any party disturbing or disrupting any part of the premises because of a particular use of the premises or because of the improvement of the premises may be required to. reasonably restore the premises to their original condition other than normal wear and tear within a reasonable time after such use and/or improvement is completed. D. The Village reserves the right to allow the sale or delivery of alcoholic beverages for the aforesaid five (5) events in each calendar year. E. The Village reserves the right to use the northwest parking lot for dumping snow and as a transfer point for dumping leaves in the fall. It is agreed the snow may be stored on site. F. It is understood by the parties that the Village of Arlington Heights maintains a pumping station on the subject property. The Village of Arlington Heights shall retain such rights and/or license that it currently has to enable it to continue to use and maintain the pumping station~ The existing - 5 - access road to the pumping station shall remain open 24 hours a day, for access by the Villages of Arlington Heights and Mount Prospect. G. Additionally, the Village of Arlington Heights may in the near future desire to construct a large diameter underground storm relief sewer on the subject property. The Village of Mount Prospect retains the full right to permit Such underground storm sewer on reasonable terms agreed to by the parties using reasonable caution to minimize the disruPtion to the Park Districts' programs. H. The Village shall have the absolute right to the exclusive use of a portion of the site of not to exceed one acre in the extreme southwest corner of the property for placement of an elevated water storage tank. The Village's only payment to the Park Districts for the site shall be the reasonable cost of moving structures or equipment from the area to another portion of the site. I. The Village of Mount Prospect reserves the right to use a strip of the premises not less than twenty feet (20') in width along the North line of the current public works facility for utilities, ingress and egress and Village waterworks improvements. J. The Park Districts may develop the facilities in accord with applicable law. - 6 - K. The Village shall be responsible for patrolling the premises consistent with the manner in which it patrols other parks in the Village. SECTION '£~EE TERMINATION A. In the event the Park Districts use or allow the premises to be used for any purpose other than those hereinabove specifically provided, or violate any of the provisions hereof, then this Agreement may be terminated by the Village. To affect such termination, the Village must give the Park Districts written notice to cease such improper activity or correct such violation. If the Park Districts fail to comply or are unable to comply with such notice within thirty (30) days of receipt of such notice, this Agreement shall be at an end and the Village shall have no further obligation to the Park Districts. B. If the Metropolitan Water Reclamation District or Village fails to give approval to the recreation development plans submitted by the Park Districts consistent with Exhibit A, then the Park Districts have the right to terminate this Agreement upon written notice. C. Upon termination of this Agreement for any reason whatsoever, the Park Districts each have the responsibility to remove their own improvements, subject to the following: 1. In the event the Village terminates this Agreement for reasons other than passage of the twenty (20) year term, breach by the Park Districts or by order of the Water Reclamation District as hereinafter set forth, the Village shall pay to the Park Districts the depreciated cost of improvements made to the property, determined through use of a 40 year straight line depreciation method applied to the actual costs incurred by the Park Districts, less any federal or state grant monies received, in improving the property for such things as engineering, surveying, grading, drainage, seeding, landscaping, construction, purchase and/or installation of structures and equipment that have been approved by the Village of Mount Prospect and the Water Reclamation District. 2. If the Agreement is terminated for cause, or because the Metropolitan Water Reclamation District terminates the Village's lease or any other agreements pertaining to the premises, or by the passage of the twenty (20) year term, the Park Districts shall vacate said premises at their expense, within eighty (80) days of receiving written notice. If the agreement is terminated under this subsection (2), the Village of Mount Prospect shall not be responsible for payment for any improvements of any kind or nature installed by the Park Districts. 3. Upon the termination of this Agreement for any reason whatsoever, the Park Districts shall, upon request of the Village, remove or cause to be removed any and all debris on the premises - 8 - and any and all landscaping, equipment, facilities, or other things erected or placed upon the premises and will yield up the premises to the Village in as good condition as when the same was entered upon by the Park Districts. Upon the Park Districts' failure to do so, the Village after eighty (80) days prior written notice of intent to do so, may accomplish such removal at the sole expense and cost of the Park Districts. SECTION FOUR INDEMNIFICATION A. The Park Districts shall be solely responsible for and shall defend, indemnify, keep and save harmless, the Village of Mt. Prospect and the Water Reclamation District, their officers, elected officials, commissioners, agents and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which may in any way accrue, directly or indirectly, against the Village or the Water Reclama- tion District, their officers, elected officials, agents or employees, in consequence of the granting of this license, or which may in any way result therefrom or from any work done thereunder. This indemnification and hold harmless shall apply whether or not it is alleged or determined that the act was caused through negli- gence or omission of the Park Districts,'or Park Districts' elected officials, employees, or of any contractor or subcontractor, or - 9 - their employees. This indemnification and hold harmless shall apply to any damage done to the Park Districts' property on account of flood, rainfall, snow, water damage and any other acts of God. The Park Districts shall, at their sole expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising under this paragraph A or incurred in connection therewith. B. The Village shall be solely responsible for and shall defend, indemnify, keep and save harmless, the Park Districts and the Water Reclamation District, their officers, commissioners, agents and employees, against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses, which may in any way accrue, directly or indirectly, against the Park Districts or either of them or their officers, elected officials, volunteers, agents or employees resulting from the Village's use of the property for the annual Fourth of July celebration and fireworks display, other events sponsored by, or use made of the property by, the Village, including use made of the property for maintenance purposes, whether or not it shall be alleged or determined that the act was caused through the negligence or omission of the Village of Mt. Prospect, or the Village,s agents or employees, or of any contractor, subcontractor or service organization or their agents or employees, if any, and the Village shall, at its sole expense, appear, defend, and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith. ~. - 10 - The Park 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 their own expense, comprehensive general liability and property damage coverage to which the other parties, namely the Village and the Water Reclamation District, their Commissioners, officers, elected officials, volunteers, agents and employees, as the case may be, are extended such coverage; said coverage shall have limits of not less than: Bodily Injury Liability: Each Person: $1,000,000 Each Accident: $3,000,000 Property Damage Liability: Each Accident: $1,000,000 Prior to using said premises, the Park Districts shall furnish to the Village, certificates of such coverage or other suitable evidence that such coverage has been procured and is maintained in full force and effect. Such coverage shall provide that no change, modification in or cancellation of any coverage shall become effective until the expiration of ten (10) days after written notice thereof shall have been given by the entity providing coverage to the Village. The provisions of this section shall in no way limit the liability of the parties as set forth under the provisions of this paragraph. - 11 - The parties expressly understand and agree that the liability coverage required by this Agreement, or otherwise provided by the parties, shall in no way limit the responsibility of the parties to defend, indemnify, keep and save harmless the others in accord with the terms of this agreement. C. Alternative Dispute Resolution/Arbitration The parties to this agreement expressly agree that, in the event a claim is made naming more than one party as defendants, within sixty (60) days after service of said claim on all parties named, or at another time agreed upon by all parties in writing, all parties agree to confer and discuss in good faith the issues of relative culpability and/or contribution among the parties, and to attempt to determine the manner in which all costs, attorneys fees, compensation, damages and all other like charges shall be allocated among the parties in the defense of said claim, or for settlement or trial of the claim. If no agreement is reached within 90 days, the parties shall have the right to take whatever action, whether legal or otherwise, available to them to enforce their rights under this agreement. SECTION FIVE MISCELLANEOUS Notice - 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 p~epald, return - 12 - eceipt requested, to the Parties in care of such persons or addresses as either party may from time to time designate in writing. Conflict - Wherever this agreement conflicts with any previous agreements and leases signed with the Metropolitan Sanitary District (Metropolitan Water Reclamation District) and still in effect, the previous agreements and leases with the Metropolitan Sanitary District (Metropolitan Water Reclamation District) shall be in full force and effect and any conflicts in this agreement shall be null and void. Joint and Several Liability - The Park Districts shall be jointly and severally liable for carrying out the terms of this Agreement. 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 fixed hereunto, all on the day and year first above written. VILLAGE OF MT. PROSPECT ATTEST: VILLAGE CLERI{ - 13 - MT. PROSPECT P~K DISTRICT ~LINGTONHEIGHTS PARK DISTRICT D~FT NO. 1 DATED: D~FT NO. 2 DATED: D~FT NO. 3 DATED: D~FT NO. 4 DATED: D~FT NO. 5 DATED: D~ NO. 6 DATED: Septe~er 25, 1990 D~FT NO. 7 DATED: Dece~er 12, 1990 D~FT NO. 8 DATED: Janua~ 16, 1991 D~FT NO. 9 DATED: Feb~ary 4, 1991 D~FT NO. 10 DATED: Februa~ 15, 1991 D~FT NO. 11 DATED: Februa~ 15, 1991 D~FT NO. 12 DATED: March 22, 1991 ~ - 14 - MAYOR GERALD L. FARLEY TRUSTEES RALPH V~ ARTHUR MARK W. BU$SE T,MDTHYJ. OOROORANLEo LOROS Village of Mount Prospect GEORGE R. VAN GEEM THEODORE J. WATTENBERG VILLAGE MANAGER 100 S. Emerson Mount P~os~eo~, Illimoi~ ~00~ JOHN FULTON DIXON Phone 31~ / ~-6000 April 22, 1991 Mr. Thomas T. Tayler - Director, Parks and Recreation Mount Prospect Park District 411 South Maple Mount Prospect, Illinois 60056 Dear Tom: I received your letter of April 19 concerning two issues. The responses are as follows: 1. The first question was what is the makeup of the dirt mound located in the northwest corner of the Melas Park site. The material that is in that dirt mound is ground material from water main dig-ups; primarily clay with a top dressing of top soil. Mixed in with the clay may be some small mounts of stone or other material that might be found in a parkway, however, there is nothing else in there. There has also been some clay from the site that has been moved into that area as well but there are no materials from off-site nor have there been any foreign objects put in that mound. 2. The second concern was the "sink hole" in the front portion of the parking lot located in the front southwestern portion of the site. That area is an entry to the shaft for the deep tunnel and is the responsibility of the Water Reclamation · ,~' ~ -* ,,,~ ~at~. Reclamation District. There was a ca,..4n ..bo,.. t,... years ago and the x District responded and shored up the shaft site area and subsequently they came out and put in additional material for settlement that took place. The Water Reclamation District has also done some dye testing in and around the area to ensure us about a year ago that there ~vas not some infiltration or drainage that was flowing into this area causing the cave-in at the site. That work was completed by the Water Reclamation District and they are satisfied and they have satisfied us that there should not be any additional cave-ins on that site. age two ...... Mr. Thomas T. Taylcr April 22, 1991 I hope this gives you an answer to the two questions that you raised and look forward to a long a fruitful, cooperative venture and development of Melas Park. Sincerely yours, JOHN FULTON DIXON Village Manager JFD/rcw