S-718 - 07/23/1991 - AGREEMENT - Ordinances REVISED AGREEMENT
AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE FOREST PRESERVE
DISTRICT OF DUPAGE COUNTY, THE VILLAGE OF OAR BROOK
AND THE VILLAGE OF HINSDALE RELATING TO THE ACQUISITION
OF THE FULLERSBURG CROSSINGS PROPERTY
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into by
and between the Forest Preserve District of DuPage County, a body
politic and corporate (hereinafter the "District") , the Village of
Oak Brook, an Illinois municipal corporation, and the Village of
Hinsdale, an Illinois municipal corporation.
WITNESSETH:
WHEREAS, the District is authorized, pursuant to the powers
granted in the Downstate Forest Preserve Act, Ill. Rev. Stat. 1989,
ch. 96-1/2, par. 6300 et sea. , to acquire property for forest
preserve purposes, which includes, inter alia, the power to acquire
property for recreational purposes and to acquire property along or
enclosing water courses, drainage ways, lakes, and ponds that in
the judgment of the District are required to store flood waters or
control other drainage or water conditions; and
WHEREAS, the District owns certain property commonly known as
the Fullersburg Woods Forest Preserve, which property is
intersected by the Salt Creek; and
WHEREAS, the Village of Oak Brook and the Village of Hinsdale
are authorized under the powers set forth in the Illinois Municipal
Code, Ill. Rev. Stat. 1989, ch. 24, par. 1-1-1 et sea. , to acquire
property for municipal purposes, which includes, inter alia, the
power to acquire property for recreational and other public
purposes; and
C:\YPDATA\608\OAKBROOK/72591
WHEREAS, on April 25, 1991, the District acquired fee simple
title to certain property adjacent to the Fullersburg Woods Forest
Preserve commonly known as Fullersburg Crossings, said property
being depicted in Exhibit A and legally described in Exhibit B,
attached hereto and made a part hereof, and hereinafter referred to
as the "Subject Property" ; and
WHEREAS, the Subject Property is of a character that makes it
suitable for a variety of uses, such as, but not limited to,
natural resource conservation, water and storm water management,
and the recreation and education of the public; and
WHEREAS, the parties intended that the Subject Property would
be acquired through a joint acquisition, with each party acquiring
an interest in the property and contributing to the cost of its
acquisition; and
WHEREAS, based upon the representations of the Village of Oak
Brook and the Village of Hinsdale expressing their commitment to
participate in a joint acquisition, the District acquired the
Subject Property with the understanding that it would convey
undivided interests to each Village in exchange for the payment of
a portion of the acquisition costs in accordance with the intent of
the parties that the Subject Property be acquired jointly; and
WHEREAS, the parties desire to formalize their understanding
and agreement; and
WHEREAS, the parties are municipalities as defined in section
1(c) of "AN ACT in relation to the transfer of interests in real
estate by units of local government or school districts, " Ill. Rev.
C:WPDATA\BOB\OAKBROOK/72597 2
i
Stat. 1989, ch. 30, par. 156 (c) (hereinafter the "Conveyances
Act") ; and
WHEREAS, section 2 of the Conveyances Act authorizes transfers
of real estate between municipalities for any public purpose upon
such terms as are agreed to by the corporate authorities of the
respective municipalities; and
WHEREAS, in accordance with the provisions of the Conveyances
Act the Village of Oak Brook and the Village of Hinsdale have
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pursuant to duly passed ordinances, declared that it is necessary
and convenient to acquire an interest in the Subject Property; and
WHEREAS, the parties are authorized to enter into this
Agreement under the power conferred by article VII, section 10 of
the Illinois Constitution of 1970, the Conveyances Act and the
Intergovernmental Cooperation Act, Ill. Rev. Stat. 1989, ch. 127,
par. 741 et sea.
NOW, THEREFORE, in consideration of the mutual promises, terms
and conditions set forth herein, and in the spirit of
intergovernmental cooperation, the parties agree as follows:
1. The recitals set forth above are incorporated herein and
made a part hereof.
2. Except as otherwise provided in paragraph 3 , the District
shall, within 60 days of the execution of this Agreement and
pursuant to the authority conferred by the Conveyances Act, convey
by recordable warranty deed an undivided 10% interest in the
Subject Property to each Village, with the parties thereafter
holding title to the Subject Property as tenants in common with the
following ownership interests: the District--80%; the Village of
C:\WPDATA\BOB\OAKBROOK/72591 3
Oak Brook--10%; and the Village of Hinsdale--10%. At the time of
the conveyance of the aforementioned interests, each Village shall
pay the District the sum of $125,000.
3. The District and the Village of Hinsdale acknowledge that
the latter may wish to utilize installment payments under the power
granted in Division 76. 1 of Article 11 of the Illinois Municipal
Code, Ill. Rev. Stat. 1989, ch. 24, pars. 11-76. 1-1 through 11-
76. 1-4, to pay its $125,000 share of the acquisition costs, in
which case the conveyance by the District of the 10% interest in
the Subject Property shall be governed by the provisions set forth
in this paragraph. If the Village of Hinsdale elects to utilize
the installment payment method, it shall pass and publish an
ordinance in compliance with section 11-76. 1-3 of the Illinois
Municipal Code authorizing the execution of the agreement attached
hereto and incorporated herein as Exhibit C entitled "Real Property
Installment Purchase Contract" and the levy of taxes sufficient to
pay the annual installments due under the installment contract.
Said ordinance shall be passed and published in sufficient time to
ensure that the payment of $125, 000 by the Village of Hinsdale will
occur on or before October 4, 1991. The Village of Hinsdale shall
provide the District with a certified copy of said ordinance and
with evidence verifying the publication thereof within 10 days
after the date of the second publication required under section
11-76. 1-3 . If no petition is filed within the 60-day period
referred to in section 11-76. 1-4 of the Illinois Municipal Code,
the District and the Village of Hinsdale shall execute the
aforementioned installment contract. Simultaneously therewith, and
C:\NPDATA\B0B\0AKBROOK/72591 4
upon the payment of the sum of $125, 000 to the District, the
District shall execute (a) a deed conveying a 10% interest in the
Subject Property to the Village of Hinsdale, and (b) the assignment
attached hereto and incorporated herein as Exhibit D, assigning all
of its right, title and interest under the installment contract to
the bank designated by the Village of Hinsdale. If a petition is
filed under section 11-76. 1-4 or if an deficient is alleged to
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have occurred in the procedure utilized by the Village of Hinsdale
under Division 76. 1, the Village of Hinsdale agrees to forego
financing its share of the acquisition costs through installment
payments and further agrees to pay the District the sum of $125,000
on or before October 4, 1991, in exchange for a deed conveying a
10$ interest in the Subject Property.
4. Absent a written agreement to the contrary, the Subject
Property shall only be used for purposes of (a) natural resource
conservation; (b) water and storm water management; (c) passive
recreation; and the education of the public, including the
development of historic facilities related thereto.
5. The District shall be responsible for managing,
maintaining and developing the Subject Property for the purposes
set forth in paragraph 4 until such time as the parties may
otherwise agree in writing, provided, however, that no structures �y _7
of any kind, including paved parking areas, may be constructed or
erected on the Subject Property without the agreement of all the
parties hereto.*
*The addition of the clause following the word "writing" in
paragraph 5 was approved by the District's President on 7/25/91
pursuant to the authority conferred by Ordinance No. 91-257.
C:\WPDATA\BOB\OAKBROOK/72591 5
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` 1
6. The parties shall designate a portion of the Subject
Property equal to approximately 10% of the total area thereof in a
manner substantially the same as illustrated in Exhibit E, attached
hereto and made a part hereof, and agree to take all appropriate
action to cause said portion to be disconnected from the Village of
Hinsdale and annexed to the Village of Oak Brook. The Villages
shall send copies of all disconnection and annexation documents to
the District.
7. The parties shall take all necessary and proper actions to
acquire and maintain any and all available and appropriate tax
exemptions applicable to the ownership and use of the Subject
Property.
8. No party may sell, assign, lease, or otherwise transfer
any interest in the Subject Property without the prior written
consent of the other parties.
9. Upon the District's conveyance of the respective undivided
10% interests in the Subject Property to the Village of Hinsdale
and the Village of Oak Brook, the parties shall execute and record
a covenant in a form substantially similar to the covenant attached
hereto as Exhibit F, incorporating the provisions, terms and
obligations of paragraphs 4, 5 and 8 of this Agreement, which
covenant shall run with the land and shall be binding on and inure
to the benefit of the parties and their successors and assigns.
The Village of Hinsdale shall pay all costs associated with
recording the restrictive covenant.
C:\NPDATA\80B\0AKBROOK/72591 6
1 1 1
10. The provisions set forth in this Agreement shall survive
the conveyances by the District of the respective interests in the
Subject Property to the Village of Oak Brook and the Village of
Hinsdale, it being the intent of the parties that these provisions
shall be binding not only on the parties hereto but on the
successors in interest and assigns of the parties.
11. The provisions set forth herein represent the entire
agreement between the parties and may not be modified or changed in
any respect unless such modification or change is in writing and
signed by all the parties.
12. This Agreement shall be executed in triplicate, and each
party shall retain one fully executed copy.
IN WITNESS WHEREOF, the parties have set their hands hereto
this,?2CJ)J day of 1991.
FOREST RESERVE DISTRICT VILLAGE OF OAK BROOK
OF PA E COUP)
BY* BY: /lClClteu.'
Pre dent Presi ent
ATTEST. ATTEST;
Seri tary Clerk
VILLAGE OF HINSDALE
B ,
P d ent
ATTEST:
/'r�%�.�
Clerk
C:\NPDATA\606\0AK8ROOK/72597 7
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EXHIBIT A
THAT PART OF LOT 3 IN GRAUE'S ASSESSMENT PLAT NO. 2, LOCATED IN THE SOUTHEAST 1 /4
OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 . EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1947 AS DOCUMENT 517568 AND
DESCRIBED AS BEGINNING AT THE NORTH EAST CORNER OF LOT 4 IN SAID GRA UE'S PLAT;
THENCE NORTH ON THE EXTENSION NORTH OF THE EAST LINE OF SAID LOT 4, 175 FEET, TO
THE NORTH LINE OF SAID LOT 3; THENCE WEST ON NORTH LINE OF SAID LOT 3 TO THE EAST
RIGHT OF WAY LINE OF YORK ROAD AS RECORDED BY DOCUMENT 163041 ; THENCE SOUTH ON
SAID EAST RIGHT OF WAY, 176.6 FEET TO THE NORTHWEST CORNER OF SAID LOT 4; THENCE
EAST ON THE NORTH LINE OF SAID LOT 4. 425.06 FEET TO THE POINT OF BEGINNING, IN
DUPAGE COUNTY, ILLINOIS.
PERMANENT PARCEL NO. 06 36 405 002
EXHIBIT 8
REAL PROPERTY INSTALLMENT PURCHASE CONTRACT
THIS AGREEMENT, made this day of 1991,
between the FOREST PRESERVE DISTRICT OF DUPAGE COUNTY (the
"Seller" ) and the VILLAGE OF HINSDALE, a municipal corporation
(the "Village" ) ;
W I T N E S S E T H:
WHEREAS, the President and Board of Trustees of the Village
have determined that it is essential and in the public interest
to purchase the real property hereinafter .described for public
purposes; and
WHEREAS, Division 76. 1 of Article 11 of the Illinois
Municipal Code authorizes the Village to purchase real property
for public purposes pursuant to a contract which provides that
consideration for such purchase may be paid in annual install-
ments during a period not exceeding 20 years, and provides for
the levy and collection of a direct annual tax sufficient to pay
the annual installments when same become due and payable; and
WHEREAS, the Seller is offering to sell certain interests
in the real property hereinafter described by a good and suffi-
cient deed;
NOW, THEREFORE, the parties hereto mutually agree as
follows:
EXHIBIT C
To Intergovernmental Agreement
Page 1 of 5
f 1. The Seller agrees to sell and the Village agrees to buy
a 10 percent undivided interest in tenancy in common in the real
property legally described in Exhibit A attached hereto and by
this reference incorporated into this Contract at a price of
$125,000.00 plus interest of $ or a total of
$ , said interest to accrue at the rate of
percent per annum from IF 1991, on the principal amount
of $125, 000.00 remaining from time to time unpaid. The purchase
price shall be payable as follows:
PAYMENT DATE PRINCIPAL INTEREST TOTAL
January 1, 1992
January 1, 1993
January 1, 1994
January 1, 1995
January 1, 1996
January 1, 1997
January 1, 1998
January 1, 1999
January 1, 2000
January 1, 2001
The Village shall have the right on the first day of
January of any year to prepay the purchase price herein provided
for, without premium or penalty, by paying the balance of the
principal amount due thereon or any portion thereof, plus the
interest accrued thereon to the date of prepayment.
2. Seller agrees to convey to the Village good title to
said interest in said real property by proper instrument of
transfer. The parties acknowledge that title shall be -conveyed
upon payment to the Seller of the principal sum of $125,000.00.
Page 2 of 5
3 . The Village agrees to adopt an ordinance providing for
the levy of a direct annual tax sufficient to pay the aforesaid
installments as they become due, and to file a certified copy of
said ordinance with the County Clerks of DuPage and Cook Coun-
ties, all in accordance with the provision and requirements of
Division 76. 1 of Article 11 of the Illinois Municipal Code.
4. It is understood and agreed by and between the parties
hereto that the. payments required under the terms of this
Contract shall be a general obligation of the Village and that
the total amount due to the Seller, together with all other
general obligations of the Village, are within the statutory and
constitutional debt limit requirements.
5. The Seller shall have the right at any time or from
time to time to assign this Contract representing the purchase
price then remaining unpaid and the interest then or thereafter
payable, as herein provided. Written notice of any such
assignment shall be given by the Seller to the Village in the
same manner as provided in Paragraph 7 hereof for giving of
notices. The Village agrees that any remedies it may have for
breach of contract shall be enforceable against the Seller and
shall not be enforceable against the Seller' s assignee. Fur-
ther, the Village agrees that any remedies any assignee of the
Seller may have for breach of contract shall be enforceable
against the Village and shall not be enforceable against the,
Seller. The Village shall defend, indemnify, and hold the
Page 3 of 5
+ Seller harmless from any and all claims, liabilities, causes of
action, damages, judgments, and settlements, together with all
costs and expenses related thereto (including reasonable attor-
neys fees) , that may arise, directly or indirectly, as a result
of any default by the Village under this Contract, including
without limitation the making of payments required under this
Contract to Seller' s assignee.
6. All of the provisions contained in the agreement dated
1991, and titled "An Intergovernmental Agreement
Between the Forest Preserve District of DuPage County, the
Village of Oak Brook and the Village of Hinsdale Relating to the
Acquisition of the Fullersburg Crossings Property" are incorpo-
rated herein and made a part of this Contract, except Paragraph
2 of said agreement.
7. All notices and demands required hereunder shall be in
writing and shall be deemed to have been given or made when
delivered personally or when mailed by registered or certified
mail, postage prepaid, addressed as follows:
If to Seller: FOREST PRESERVE DISTRICT
OF DUPAGE COUNTY
Attn: Executive Director
P.O. Box 2339
185 Spring Street
Glen Ellyn, Illinois 60138
If to Buyer: Village Clerk
The Village of Hinsdale
Memorial Building
19 East Chicago Avenue
Hinsdale, Illinois 60521
Page 4 of 5
IN WITNESS WHEREOF, the Seller has caused this Contract to
be executed by its President and attested by its Secretary and
its corporate seal to be hereunto affixed, and the Village has
caused this Contract to be executed by its President and at-
tested by its Village Clerk and the official seal of the Village
to be hereunto affixed, all as of the day and year first above
written.
FOREST PRESERVE DISTRICT OF
DUPAGE COUNTY
By:
President
ATTEST:
By:
Secretary
VILLAGE OF HINSDALE
By:
Village President
ATTEST:
By:
Village Clerk
Page 5 of 5
ASSIGNMENT OF CONTRACT
KNOW ALL MEN BY THESE PRESENTS that the Forest Preserve
District of DuPage County, a body politic and corporate
("Assignor" ) , for good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, does hereby
assign, transfer, and convey unto [ name of bank J (the
"Bank" ) , all of Assignor' s right, title, and interest in and to
that certain Real Property Installment Purchase Contract dated
1991, between the Forest Preserve District of
DuPage County and the Village of Hinsdale (the "Contract" ) for
the purchase and sale of certain real property; to have and to
hold the Contract hereby assigned, transferred, and conveyed
unto the Bank and its successors and assigns, from the date
hereof, subject to the covenants and agreements therein con-
tained.
Assignor does hereby warrant that all covenants and agree-
ments on the part of the Assignor, as party to the Contract,
have been duly performed and that the Contract is now in full
force and effect.
IN WITNESS WHEREOF, Assignor has executed this Agreement as
of the day of 1991.
FOREST PRESERVE DISTRICT OF
DUPAGE COUNTY
By:
President
Attest:
Secretary
EXHIBIT D
To Intergovernmental Agreement
Page 1 of 2
The Bank hereby accepts the foregoing Assignment of Con-
tract and agrees faithfully to perform and observe all the
covenants, liabilities, and agreements of the Assignor as party
to the Contract from and after the date hereof. The foregoing
is binding upon the successors and assigns of the Bank.
WITNESS my hand this day of 1991 .
[NAME OF BANK]
By:
Its:
Attest:
Its:
Page 2 of 2
IN LW PAGE Cajr, ILLINOIS.
STATE or ILLINOIS)
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DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION, made as of this . .— day of
�) di 1991, by the FOREST PRESERVE DISTRICT OF DUPAGE
COUNTY, a body politic and corporate, the VILLAGE OF HINSDALE, an
Illinois municipal corporation, and the VILLAGE OF OAK BROOK, an
Illinois municipal corporation (singularly the "Party" or
collectively the "Parties" ) .
W I T N E S S E T H:
WHEREAS, the Parties are the owners as tenants in common of
certain property located in DuPage County, Illinois, described in
Exhibit A attached hereto and, by this reference, made a part
hereof (the "Property" ) ; and
WHEREAS, the Parties entered into that certain
Intergovernmental Agreement dated 30 , 1991, (the
"Agreement" ) concerning the purchase of the Property; and
WHEREAS, the Parties have determined that it is reasonable,
necessary, and in the public' s interest and welfare to use the
Property in such a manner so as to further develop the Parties'
system of water and storm water management; and
WHEREAS, the Agreement provides that the Property is to be
used solely for natural resource conservation, water and storm
water management, passive recreation, and the education of the
EXHIBIT F
To Intergovernmental Agreement
Page 1 of 4
s .
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public including the development of historic facilities related
thereto and that no Party may sell, assign, lease, or otherwise
transfer any interest in the Property without the prior written
consent of the other Parties; and
WHEREAS, the Parties hereby declare their intention to so
restrict the use and transferability of the Property;
NOW, THEREFORE, in consideration of the premises, mutual
covenants, and agreements herein set forth, the Parties do hereby
declare that the Property shall be subject to . the following
restrictions and covenants:
1 . The recitals set forth above are incorporated herein by
reference and made a part hereof.
2 . The Property shall be used only for natural resource
conservation, water and storm water management, passive
recreation, and the education of the public including the
development of historic facilities related thereto. No
structures of any kind, including paved parking areas, may be
constructed or erected on the Property without the agreement of
all the Parties.
3 . No Party may sell, assign, lease, or otherwise transfer
any interest in the Property without the prior written consent of
the other Parties.
4. Any Party shall have the right to enforce, by any
proceeding at law or in equity, any and all covenants or
restrictions now or hereafter imposed by the provisions of this
Declaration. The failure, if any, to enforce any provision
Page 2 of 4
w
contained herein shall not operate or be construed as a waiver of
any subsequent breach of such provision or any other provisions.
5 . The covenants and restrictions contained herein are
expressly intended to run with the land and shall be binding upon
and inure to the Parties and their successors, assigns, and legal
representatives.
6. If any of the covenants or restrictions contained
herein shall be declared to be unlawful, void, or voidable for
violation of the rule against perpetuities or restraints on
alienation, then such provision shall continue only until 21
years after the death of the survivor of the now living
descendents of the President of the United States, George Bush,
and the Governor of Illinois, James Edgar.
7. This Declaration shall be construed and enforced
pursuant to the laws of the State of Illinois.
IN WITNESS WHEREOF, the Parties have, set their hands this
day of 1991 .
FOREST PRESERVE DISTRICT OF
DUPAGE O NTY, a body politic
aXdatte or .
B
n
ATTEST:
Secretar / /
C/
Page 3 of 4
VILLAGE OF HINSDALE, an
Illinois municipal corporation
B Y Iv,s, r G o s s �
� .P
Vil age Presildent
ATTEST:
Village Clerk
VILLAGE OF OAK BROOK, an
j Illinois municipal corporation
B /
Y�
Vi lage Presiden
ATTES :
Village Clerk
Page 4 of 4
ORDINANCE S- 718
AN ORDINANCE APPROVING AN INTERGOVERN)UMAL AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK, FOREST PRESERVE DISTRICT OF DU PAGE COUNTY
AND THE VILLAGE OF HINSDALE
WHEREAS, the Forest Preserve District of DuPage County, the Village of
Hinsdale and Village of Oak Brook desire to acquire certain property for
statutorily authorized purposed including the preservation of open space; and
WHEREAS, the said parties desire to enter into an Agreement setting forth
their understandings concerning the purchase and use of said property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: That the Agreement attached hereto entitled "An
Intergovernmental Agreement Between the Forest Preserve District of DuPage
County, the Village of Oak Brook and the Village of Hinsdale Relating to the
Acquisition of the Fullersburg Crossings Property" be and is hereby approved.
Section 2: That the Village President and Village Clerk are hereby
authorized and directed to execute the said Agreement and associated documents
to implement the terms and purposes of said Intergovernmental Agreement.
Section 3: That this Ordinance shall be in full force and effect from
and after passage and approval as provided by law.
PASSED THIS 23rd day of July , 1991.
Ayes: Trustees Bartecki, Krafthefer, Payovich, Shumate, Skinner and Winters
Nays: None
Absent: None
Abstain: None
APPROVED THIS 23rd day of July 1991.
Village President
i
Ordinance S- 718
Intergovernmental
Agreement
Page 2
ATTEST:
illcAe Clerk
Approved as to Form:
Villa e Attorn y
Published
Date Paper
Not Published Y`\.
a:ord