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O-73-35ORDINANCE NO. 0 -73 -35 AN ORDINANCE APPROVING PAYMENT TO THE DEERFIELD PARK DISTRICT FOR THE DEDICATION OF CERTAIN REAL ESTATE Published in pamphlet form this 18th day of June , 1973, by the President and Board of Trustees of Deerfield. t i ORDINANCE NO. 0 -73 =35 AN ORDINANCE APPROVING PAYMENT TO THE DEERFIELD PARK DISTRICT FOR THE DEDICATION OF CERTAIN REAL ESTATE WHEREAS, it is in the interest of the Village that there be dedicated for public street, public vehicle parking and other related purposes certain real estate depicted on Exhibit A, which is attached hereto and made 'a part hereof, and which real estate consists of a portion of Jewett Park; and WHEREAS, the Deerfield Park District is the owner of said real estate and the Board of Commissioners of said District have offered to dedicate said real estate for such purposes in considera- tion of the payment of the'sum of Fifty -Six Thousand Three Hundred Seventy -Six ($56,376.00) Dollars, which sum will be utilized by said Park Commissioners to acquire other real estate for park purposes to replace the property so dedicated; and WHEREAS, the Corporate Authorities deem it to be'in the best interest of the Village that such offer be accepted. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS AS FOLLOWS SECTION That the offer of the Board of Commissioners of ONE: the'Deerfield Park District to dedicate the real estate depicted on Exhibit A hereto for public street, public vehicle parking and other related purposes in consideration of the payment to said District of the sum of Fifty -Six Thousand Three Hundred Seventy -Six ($56,376.00) Dollars be and the same is hereby accepted. SECTION That the Village Treasurer is hereby authorized TWO: and directed ,to issue'a Village check, payable to said Park District in the amount of Fifty -Six Thousand Three Hundred Seventy -Six ($56,376.00) Dollars 'and, upon the further direction of the Village Attorney, to deliver said check to the Board of Commissioners of the Deerfield Park District. SECTION That the Village Attorney is hereby authorized THREE: to direct the delivery of Village funds, as hereinabove provided, upon receipt by him of a duly prepared and r' I I executed Plat of Dedication of the real estate. depicted on Exhibit A ready for recordation and the further receipt by. him of evidence of good title to said real estate in said Park District,,free and clear of all taxes and of all encumbrances which might interfere with .or prevent the use of said real estate .for the purposes dedicated. SE'CTI.ON : That the Village .Clerk is hereby directed to. FOUR,:: publish .this Ordinance in pamphlet .form. SECTION That this Ordinance .shall be .in full force and F:IVE:: effect :from and after its.passage,',approval and publication as provided by. law.. AYES FIVE (5) NAYS NONE (0) ABSENT:. ONE (1) PASSED this 18th day of June A.D. 19-73. APPROVED. this 18th, day of June A. D. 1973. ATTEST :. VILLAGE ,CLERK �� 4.. Y-ILAGE: PRES.IDEN.T jb61473 ' a r_u Fi' Fi KM WTm THIS AGREEMENT made and entered into this 18th day of June , 1973, by and between the VILLAGE OF DEERFIELD, Lake and Cook Counties, Illinois, an'tIllinois municipal corporation (hereinafter for convenience sometimes referred to as "the Village ") and the DEERFIELD PARK DISTRICT, an Illinois municipal corporation (hereinafter for convenience sometimes referred to as "the Park District ") w i t n e s s e t h: WHEREAS, the Village, in pursuance of its Comprehensive Plan and in order to provide better traffic flow and safer traffic conditions, proposes to relocate a portion of Park Avenue and Petersen Lane; and WHEREAS, such street relocation requires the use of a portion of Jewett Park for street right -of -way purposes; and WHEREAS, such street relocation is beneficial and advantageous to the Park District.in that it will provide safe and convenient access to the Park District's Jewett Park Community Center building and off - street parking facilities in connection therewith; and WHEREAS, the Village and the Park District, after due consideration, have determined that their respective interests are best served by cooperative and coordinated action in connection with said improvements. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, it is agreed as follows: 1) The proposed street relocation and parking facility shall be constructed and installed in substantial accordance with Plan "D Ultimate," prepared by Paul C. Box and Associates, a copy of which Plan is attached hereto and made a part hereof. 2) The Village shall: A) Contract and pay directly for all required design engineering in connection with the proposed street improvement; B) Pay to the Park District the sum of Fifty -Six Thousand Three Hundred Seventy - Six ($56,376.00) Dollars for that portion of Jewett Park required for street right -of- way purposes and to be dedicated for such purposes by the Park District as hereinafter provided; C) Advertise for bids and award to the lowest responsible bidder in accordance with applicable Village ordinances and State statutes, a contract for the construction and installation of both the proposed street improve- ment and the proposed off - street parking facility, provided that the Village shall pay the cost of only that portion of the contract work related to the street improvement, and the Park District, as hereinafter provided, shall pay the cost of that portion of the contract work related to the off - street parking facility; D) Provide engineering supervision of all the construction work under the contract and main- tain all necessary records related to such work including allocation of costs between the two improvements; E) Pay the cost of seeding that portion of the street right -of -way lying south of the street pavement; 3) The Park District shall: A) Dedicate to the Village for public street purposes that portion of Jewett Park described in the Plat of Dedication, a copy of which Plat is attached hereto and made a part hereof as Exhibit A; -2- B) Remove, at its expense, all of the trees, shrubs and bushes located in the proposed street right -of -way prior to September 1, 1973; C) Perform or provide, at its expense, all restoration work required in connection with the proposed improvements, except top soil placement which shall be included in the work covered by the contract to be awarded by the Village, and except the cost of seeding that portion of the street right -of -way lying South of the pavement as hereinabove provided; D) At the option of the Village, either reimburse the Village for all contract costs related to the construction and installation of the off - street parking facility and appurte- nances thereto or, upon submission of partial and final payment requests by the contractor, supported by the appropriate reports from the Village Engineering Department, as to work com- pleted and in place and waivers of lien, to make such payments directly to the contractor. 4) The parties further agree to cooperate to the fullest extent possible so as to accomplish the construction and installation of the proposed improvements in accordance with the approved plan expeditiously and at the least possible expense, provided that, except as otherwise provided herein, the Village shall bear all costs related to the proposed street improvement and the Park District shall bear all costs related to the proposed off - street parking facility. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials and their corporate seals affixed hereto on the day and year first above written. ATTEST: VILLAGE CLERK ATTEST: "V-4-4 �- U,'� SECRETARY VILLAGE OF DEERFIELD, an Illinois M cipal cor ration BY VILLAGE PRESI NT DEERFIELD PARK DISTRICT, an Illinois municipal corporation �( BY 4A , . In 0 M4J PRESIDENT -3- �uelKr� AGREEMENT i THIS AGREEMENT made and entered into this 18th day of June , 1973, by and between the VILLAGE OF DEERFIELD, Lake and Cook Counties, Illinois, andIllinois municipal corporation (hereinafter for convenience sometimes referred to as "the Village ") and the DEERFIELD PARK DISTRICT, an Illinois municipal corporation (hereinafter for convenience sometimes referred to as "the Park District ") • w i t n e s s e t h: WHEREAS, the Village, in pursuance of its Comprehensive Plan and in order to provide better traffic flow and safer traffic conditions, proposes to relocate a portion of Park Avenue and Petersen Lane; and WHEREAS, such street relocation requires the use of a portion of Jewett Park for street right -of -way purposes; and WHEREAS, such street relocation is beneficial and advantageous to the Park District in that it will provide safe and convenient access to the Park District's Jewett Park Community Center building and off - street parking facilities in connection therewith; and WHEREAS, the Village and the Park District, after due consideration, have determined that their respective interests are best served by cooperative and coordinated action in connection with said improvements. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements herein.contained, it is agreed as follows: 1) The proposed street relocation and parking facility shall be constructed and installed in substantial accordance with Plan "D Ultimate," prepared by Paul C. Box and Associates, a copy of which Plan is attached hereto and made a part hereof. 2) The Village shall: A) Contract and pay directly for all required design engineering in connection with the proposed street improvement; B) Pay to the Park District the sum of .Fifty -Six Thousand Three Hundred Seventy- Six ($56,376.00) Dollars for that portion of Jewett Park required for street right-of- way purposes and to be dedicated for such purposes by the Park District as hereinafter provided; C) Advertise for bids and award to the lowest responsible bidder in accordance with applicable Village ordinances and State statutes, a contract for the construction and installation of both the proposed street improve- ment and the proposed off - street parking facility, provided that the Village shall pay the cost of only that portion of the contract work related to the street improvement, and the Park District, as hereinafter provided, shall pay the cost of that portion of the contract work related to the off - street parking facility;. D) Provide engineering supervision of all the construction work under the contract and main- tain all necessary records related to such work including allocation of costs between the two improvements; E) Pay the cost of seeding that portion of the street right -of -way lying south of the street pavement; 3) The Park District shall: A) Dedicate to the Village for public street purposes that portion of Jewett Park described in the Plat of Dedication, a copy of which Plat is attached hereto and made a part hereof as Exhibit A; -2- I B) Remove, at its expense; all of the trees, shrubs and bushes located in the proposed street right -.of -way prior to September 1, 1973; C) Perform or provide, at its expense, all restoration work required in connection with the proposed improvements, except top soil placement which shall be included in the work covered by the contract to be awarded by the Village, and except the cost of seeding that portion of the street right -of -way lying South of the pavement as hereinabove provided; D) At the option of the Village, either reimburse the Village for all contract costs related to the construction and installation of the off - street parking facility and appurte- nances thereto or, upon submission of partial and.final payment requests by the contractor, supported by the appropriate reports from the Village Engineering Department, as -*to work com- pleted and in place and waivers of lien, to make such payments directly to the contractor. 4) The parties further agree to cooperate to the fullest extent possible so as to accomplish the construction and installation of the proposed improvements in accordance with the approved plan expeditiously and at the least possible expense, provided that, except as otherwise provided herein, the Village shall bear all costs related to the proposed street improvement and the Park District shall bear all costs related to the proposed off - street parking facility. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials and their corporate seals affixed hereto on the day and year first above written. VILLAGE OF DEERFIELD, an Illinois m ipal corp ration ATTEST: BY , 70 VALLAGE PRESIDENT VILLAGE CLERK DEERFIELD PARK DISTRICT, an Illinois mu iiv\3. ipal corporation ATTEST: BY �. PRESIDENT SECRETARY V -3- A