IGA Oak Brook Park District & VOB for Historical Museum (1112 Oak Brook Rd) 11-11-2008 INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN
THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARK DISTRICT
FOR A HISTORICAL MUSEUM AT THE OLD BUTLER SCHOOL
(1112 OAK BROOK ROAD)
This Agreement ("Agreement") is made and entered into this II day of November,
2008, by and between the Board of Trustees of the Village of Oak Brook, an Illinois municipal
corporation and a unit of local government located in DuPage and Cook Counties, Illinois
("Village"), and the Oak Brook Park District, a unit of local government located in DuPage and
Cook Counties, Illinois ("District"), (collectively the "Parties").
WHEREAS, the Parties are units of local government, and the Constitution of the State
of Illinois, (Article VII, Section 10) authorizes units of local governments to contract or otherwise
associate among themselves in any matter not prohibited by law or ordinance; and
WHEREAS, Illinois Complied Statutes, Chapter 5, Act 220, Section 1, of seq., entitled
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 Old Butler Elementary School (the "School") is owned by the Village and
is located at 1112 Oak Brook Road, Oak Brook, Illinois 60523; and
WHEREAS, the Village and the District agree that the School would best serve the
public interest if it is used for a historical museum, which will be operated and maintained by the
Oak Brook Historical Society ("Historical Society") to collect, preserve, detail and tell the history
of Oak Brook in all of its aspects; and
WHEREAS, on February 11, 2004, the Parties entered into an Intergovernmental
Agreement providing for the use of the School by the Oak Brook Historical Society; and
WHEREAS, the Parties desire to repeal the February 11, 2004 Intergovernmental
Agreement and enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
in this Agreement, and other good and valid consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows:
1. The foregoing preambles are restated and incorporated herein by reference as
though fully set forth herein.
2. The February 11, 2004 Intergovernmental Agreement is null and void and of no
force and effect.
3. In the event that the Village and the Historical Society enter a lease or other
agreement for the use of the School by the Historical Society for a historical
museum, the District shall make an annual contribution of $10,000.00 to the
Village for the first five years following the date of this Agreement. The first
payment shall be made within 30 days of the date of such lease or other
agreement. The subsequent four annual payments shall be made on the
anniversary of the first payment. The District's contribution shall be used solely
for physical improvements to the School, including any internal remodeling or
renovations, and not for any operational or maintenance costs of the Historical
Society, and the Village shall provide the District with an annual accounting
setting forth the improvements funded by the District's contribution.
4. The District shall have no obligation for, involvement with, or control over
construction of improvements, usage, operations, programs, activities, utilities
and maintenance, insurance or liability for any historical museum or the School,
except for making the monetary contribution required of the District in Section 3
of this Agreement and the limitations set forth therein concerning the use of the
District's contributions.
5. This Agreement shall not be assigned by any party without the express written
consent of the Parties, which consent may be withheld, in the sole discretion of
either Party.
6. This Agreement may not be amended except pursuant to a written instrument
signed by both Parties.
7. If any one or more of the provisions of this Agreement shall be held by a court of
competent jurisdiction in a final judicial action to be void, voidable or
unenforceable, then this entire Agreement shall be null and void.
8. This Agreement is binding upon the successors and assigns of the Parties.
9. The waiver by either Party of any breach or violation of any provision of this
Agreement shall not be deemed to be a waiver or a continuing waiver of any
subsequent breach or violation of the same or any other provision of this
Agreement.
10, Each Party to this Agreement represents and warrants that it has the full right,
power, legal capacity and authority to enter into and perform its respective
obligations hereunder and that such obligations shall be binding upon such party
without the requirement of the approval or consent of any such person or entity in
connection herewith.
11. This Agreement contains the entire understanding between the Parties with
respect to the subject matter herein. There are no representations, agreements
or understandings (whether oral or written) between the Parties relating to the
subject matter of this Agreement, which are not fully expressed herein.
12. This Agreement creates no rights, title or interest in any person or entity
whatsoever (whether as a third party beneficiary thereof or otherwise, including
the Historical Society) other than the Parties.
13. This Agreement may be executed in counterparts. Facsimile signatures shall be
sufficient.
14. Under no circumstances shall this Agreement be construed as one of agency,
partnership, joint venture or employment between the Parties. The Parties shall
each be solely responsible for the conduct of their respective officers, employees
2
and agents in connection with the performance of their obligations under this
Agreement.
15. Any notice or demand required or permitted hereunder shall be in writing and
shall be deemed duly served if mailed by prepaid registered or certified mail,
return receipt requested or personally delivered with evidence of receipt,
addressed as follows:
To the Village: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attention: Village Manager
To Oak Brook Park District: Oak Brook Park District
1450 Forest Gate Road
Oak Brook, Illinois 60523
Attention: Director
or to such address or such other parties as the Parties may from time to time
designate by notice as provided herein. Notices shall be deemed effectively
given as of the date, which is two (2) business days following the date of
postmarking, by the U. S. Postal Service or as of the date of delivery if hand or
personally delivered.
16. This Agreement shall terminate five (5) years from the date hereof unless
extended by mutual agreement of the Parties.
IN WITNESS WHEREOF and in order to bind themselves legally to the terms and
conditions of this Agreement, the duly authorized representatives of the Parties have executed
this Agreement as of the Effective Date.
Vill f O k,,Brro ak Brook Park Dist ,'ct.
By: +
Villa President President
fittest: Attest: _
Village Clerk Secretary
Oar A IG _
4
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RESOLUTION 2008-AG-OBPKD-OBHS-EX1-R-1029
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE VILLAGE OF OAK BROOK AND THE OAK BROOK PARK
DISTRICT FOR A HISTORICAL MUSEUM AT BUTLER SCHOOL
WHEREAS, the 1970 Illinois Constitution provides that units of local government may contract
and otherwise associate amongst themselves and with individuals, associates and corporations in any
manner not prohibited by law or ordinance (Illinois Constitution, 1970,Article VII, Section 10); and
WHEREAS, Old Butler School (School) is owned by the Village of Oak Brook ("Village")and is
located within the Oak Brook Park District's ("District")territory; and
WHEREAS,the Village and the District had previously agreed that the School would best serve
the public interests if the majority of the structure is used for a historical museum for the Oak Brook
Historical Society(Society),which will be operated and maintained by the District to collect, preserve,
detail and tell the history of Oak Brook in all of its aspects; and
WHEREAS, on February 11, 2004, the Village and the District entered into an Intergovernmental
Agreement providing for said use of the School by the Society; and
WHEREAS, the Village and District have determined that it is now in the best interests of all
Parties to repeal said Agreement for the purpose of transferring many of the commitments and obligations
agreed to in the 2004 Agreement from the District to the Society and the Village; and
NOW, THEREFORE, BE IT RESOLVED 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 recitals set forth above shall be and are hereby incorporated as if said recitals
were fully set forth herein.
Section 2: That an"Intergovernmental Agreement"between the Village and the District is hereby
approved for a Historical Museum at Butler School (the"Agreement"), and the Village President and
Village Clerk are, respectively, authorized to execute and attest the Agreement in substantially the form
attached hereto as Exhibit'W'.
Section 3: That any ordinance or resolution of the Village that conflicts with the provisions of this
resolution is hereby repealed to the extent of the conflict.
Section 4: That this resolution shall be in full force and effect from and after its passage and
approval as provided by law.
APPROVED this 11th day of November, 2008.
J W. Craig
f
ill ge President
/ F`,
Resolution 2008-AG-OBPKD-OBHS-EX1-R-1029
Approving IGA re:Old Butler School w/OB ParkDist.
Page 2 of 2
PASSED THIS 111h day of November, 2008.
Ayes: Trustees Carson Kennedy Manofskv Saived Sanford and Wolin
Nays: None
Absent: None
ATTEST:
Attx�
3 Charlotte K. Pruss
Village Clerk
d^
ITEM 10.11.1)
OF 0A r
PGA 49 9
v 0
0
G f O
COUNJ I,
AGENDA ITEM
Regular Board of Trustees Meeting
of
November 11, 2008
SUBJECT: Intergovernmental Agreement with Park District/Butler School
FROM: David Niemeyer,Village Manager
BUDGET SOURCE/BUDGET IMPACT: N/A
SUGGESTED MOTION: I move to approve Resolution R-1029, "A Resoluion Approving An
Intergovernmental Agreement Between The Village Of Oak Brook And The Oak Brook
Park District For A Historical Museum At Old Butler School".
Background/History:
In 2004, the Village of Oak Brook and the Oak Brook Park District approved an intergovernmental
agreement for a historical museum at the old Butler School. The park district's role in the current
agreement is to construct and maintain interior improvements to the building for use as a museum;
operate programs and activities in the museum and to provide liability insurance for the operations of the
museum. The agreement was a 20 year commitment for both sides with no opt out clause. However, about
a year or so ago, park district officials approached the village and asked to renegotiate this agreement as
they were no longer able to undertake the commitments they made in this agreement.
The new proposed agreement calls for the historical society and the village to take over many of the
obligations of the park district in regards to the school and the museum. The park district remaining
obligations would be to contribute $10,000 annually for five years for physical improvements to the
school and to permit the use of the district's grant writers to help obtain grants for the museum. The
previous agreement is rendered null and void.
As is outlined in the agreement, the next step is for the village to enter into a lease with the historical
society to determine their respective responsibilities for the museum.
Recommendation:
Approve Resolution R-1029 to approve an intergovernmental agreement between the Village of Oak
Brook and the Oak Brook Park District for a historical museum at the Old Butler School.
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