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HomeMy Public PortalAbout01-25-2000 Village MeetingPresent: Village of Plainfield Minutes from the Reconvened Joint Meeting of January 11, 2000 January 25, 2000 Mayor Rock Trustees O'Connell, Calabrese, Collins, Cherry, Smolich. Absent: Trustee Rathbun Village Staff Present: Finance Director Minick Meeting of January 11, 2000 reconvened at 7:15 PM on January 25, 2000. Trustee O'Connell made a motion to approve the acceptance by the Library of the terms of Settlement Option Alternate One, An Agreement between the Library District and the Village of Plainfield, as detailed in Mayor Rock's letter to Library Board President Shepherd from January 21, 2000, pending the details being worked out by the attorneys for the respective agencies. Second by Trustee Cherry Roll Call Vote: Ayes: Smolich, O'Connell, Calabrese, Collins, Cherry, Mayor Rock Nays: None Absent: Rathbun MOTION CARRIES Trustee Calabrese made a motion to adjourn Second by Trustee Cherry Voice Vote: All AYE MOTION CARRIES Meeting Adjourned at 7:18 PM. INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, A MUNICIPAL CORPORATION, WILL COUNTY, ILLINOIS AND THE BOARD OF LIBRARY TRUSTEES OF THE PLAINFIELD PUBLIC LIBRARY DISTRICT, WILL COUNTY, ILLINOIS THIS AGREEMENT is made this 7t:h day of February, 2000, between the Village of Plainfield, a Municipal Corporation, Will County, Illinois ("Village") and the Board of Library Trustees of the Plainfield Public Library District, Will County, Illinois ("Library"). WITNESSETH: WHEREAS, units of local government are authorized by the Intergovernmental Cooperation Act (5 ILCS 220/1 et. seq.) to enter into agreements regarding matters of mutual concern; and WHEREAS, both the Village and the Library are units of local government and empowered under the Constitution of the State of Illinois in Article VII § 10 to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, certain property located at 706 North Division Street, Plainfield, Illinois is the subject of certain litigation in the Circuit Court of Will County in cases no. 99 CH 992 and 99 ED 010; and WHEREAS, the Village and the Library in the spirit of intergovernmental cooperation have deemed it in their respective constituent's best interest to resolve all disputes, controversies, litigation and related issues regarding the property located at 706 North Division Street, Plainfield, Illinois and enter into a cooperative relationship for the betterment of its constituents; and WHEREAS, the Village wishes to encourage the Library to remain in the central business district and expand as necessary; NOW THEREFORE, the Village and the Library hereby agree as follows: I. INCORPORATION OF RECITALS The foregoing recitals are hereby incorporated by reference into the body of this Agreement as if fully set forth and repeated. II. MUTUAL PROMISES AND COVENANTS NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the Village and Library agree as follows: 1. That the Library shall immediately pay the sum of $50,000 to the Village for an option to purchase the property commonly known as 706 North Division Street, Plainfield, IL and legally described in Exhibit "A", which is attached hereto and made a part hereof. Said option may not be exercised prior to June 30, 2010. Said option will allow the Library to purchase said property by paying the additional sum of $175,000 to the Village, and by closing on said property on or before August 15, 2010. 2. The Village will ensure that its zoning ordinance is amended to require one parking space per 1,000 square feet of building for a library located in the central business district. 3. That the Village will demolish the house and shed located on said property at its expense and construct a parking lot on said property of its sole design and expense. 4. That the Library will grant an easement to the Village to allow the interconnecting of the Village Illinois Street parking lot with the 706 Division Street parking lot should the Library acquire the Gray property. 5. Upon the execution of this Agreement by both parties, the Library shall immediately dismiss with prejudice, cases no. 99 CH 992 and 99 ED 010, pending in the Circuit Court of Will County, and shall cause the preliminary injunction entered in 99 CH 992 to be vacated. ~ 6. That this Agreement contains the entire understanding of the parties with respect to the subject matters of this Agreement. There are no restrictions, agreements, promises, wan'antics, covenants, or undertakings other than those expressly set forth herein. This Agreement supersedes all prior agreements and understandings between the parties with respect to its subject matter. This Agreement may be amended only by a written instrument duly executed by the Village and the Library. 7. That no waiver of any breach or default hereunder shall be considered valid unless in writing and signed by the party giving such waiver and no such waiver shall be deemed a waiver of any subsequent breach or default of the same or similar nature. 8. The invalidity of any provision of this Agreement shall not impair the validity of any other provisions. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, that provision shall be deemed severable and the Agreement shall be enforced with the provisions severed or as modified by the Court. 9. That this Agreement and all amendments thereof shall be governed and construed in accordance with the laws of the State of Illinois applicable to contracts made and to be performed therein. 10. That the parties agree that this Agreement shall be adopted by resolution or ordinance approved by each of the parties herein. ATTEST: ATTEST: Village of Plainfield, a Municipal Corporation Will County, Illinois BY: ~'-,~/..~/'fl ,// Board of Library Trustees of the Plainfield Public Li~t~ll ~ois~. BY: -~'~. (52~ Its President ~ 2047 PLAINFIELD PUBLIC LIBRARY DISTRICT RESERVE FUND 705 N. ILLINOIS ST. PLAINFIELD, IL 60544 PAY TO THE ORDEROF Village of Plainfield Fifty thousand and 00/100 T~ Moo. e7 Market Fund ILLINOIS h~b,~ ~ou~ FOR ,"OD 80 t., ?Il, DATE January 22, 70-2570/812 2000 I $ 5o,ooo.oo - DOLLARS