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