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Home My WebLink About18-10Resolution No. 18 -10 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH COMMUNITY UNIT SCHOOL DISTRICT 303 RELATING TO CAPITAL IMPROVEMENT DEVELOPMENT IMPACT FEE, SCHOOL SITE DEVELOPMENT IMPACT FEE AND SCHOOL TRANSITION FEE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement with Community School District 303 on behalf of the City of Elgin relating to capital improvement development impact fee, school site development impact fee and school transition fee, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: January 24, 2018 Adopted: January 24, 2018 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND COMMUNITY UNIT SCHOOL DISTRICT 303 THIS AGREEMENT is made and entered into this 24 day of January , 2018, by and between the City of Elgin, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the "City "), and Community Unit School District 303, a unit school district organized under the statutes of the State of Illinois (hereinafter referred to as the "School District'). WITNESSETH: WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government to enter into contracts to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1, et seq, known as the Intergovernmental Cooperation Act, authorizes units of local government in Illinois to exercise jointly with any public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, the City requires a School District capital improvement development impact tee, a school site development impact fee and a school transition fee (via annexation agreements) to be paid by property owners developing certain property in the City; and WHEREAS, the school district capital improvement development impact fee, the school site development impact fee and school transition fee collected by the City are thereafter paid to the School District for the acquisition of school sites and facilities, the need for which is specifically and uniquely attributable to such development; and WHEREAS, the City and the School District in the spirit of intergovernmental cooperation desire to enter into an intergovernmental agreement regarding school district capital improvement development impact fees, school site development impact fees, school transition fees or other school fees or contributions collected by the City and paid to the School District. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: The foregoing recitals are incorporated into this agreement in their entirety. 2. That any school district capital improvement development impact fees, school site development impact fees, school transition fees and /or other school fees or contributions collected by the City and paid to the School District shall be utilized by the School District solely and exclusively for paying directly, or to pay the debt service for bonds, revenue certificates, and other obligations of indebtedness for the cost of public school facilities. 3. That to the fullest extent permitted by law, the School District agrees to and shall indemnify, defend and hold hamtless the City, its officials, officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, in any way resulting from or arising out of any aspect regarding any school district capital improvement development impact fees, school site development impact fees, school transition fees and/or other fees or contributions to be collected by the City and paid to the School District, including without limitation, the existence, nature, continuation, calculation, amount, payment and /or collection of any such school district capital improvement development impact fees, school site development impact fees, school transition fees and /or other such fees and/or contributions, and /or the existence or performance of this agreement. In the event of any action against the City, its officials, officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City's choosing. Notwithstanding anything to the contrary in Atis agreement, the provisions of this paragraph shall survive any termination of this agreement. 4. That the City and the School District further agree that in the event that any aspect of any school district capital improvement development impact fees, school site development impact fees, school transition fees and/or other fees or contributions collected by the City and paid to the School District are declared invalid by a court of competent jurisdiction the School District agrees to and shall refund and reimburse to the City any and all such school district capital improvement development impact fees, school site development impact fees, school transition fees and/or other fees or contributions collected by the City and paid to the School District. Notwithstanding anything to the contrary in this agreement, the provisions of this paragraph shall survive any termination of this agreement. 5. That the City and the School District further understand and agree that all aspects regarding any school district capital improvement development impact fees, school site development impact fees, school transition fees and /or other fees or contributions to be collected by the City and paid to the School District, including without limitation, the existence, nature, continuation, calculation, amount, payment and/or collection of any such fees and /or contributions, shall be determined in the sole and exclusive discretion of the City. 6. That the City and the School District further understand and agree that all references in this agreement to school district capital improvement development impact fees, school site development impact fees, school transition fees and /or other fees or contributions wii%Gidd by ud Ciiy aiid paid tv M.- i w�hvvl Di.0 Ct shaii bC dvCuwd to :include any and all such fees or contributions as currently exist and /or as such fees or contributions may be hereinafter created and /or amended by the City. 7. That this agreement may be terminated by either party upon sixty (60) days prior written notice, provided that notwithstanding any such termination the terms and conditions of this agreement shall survive and remain in force with respect to all fees and /or contributions collected or assessed in accordance herewith prior to the date of termination. S. That this agreement constitutes the entire agreement of the parties on the subject matter hereof and may not be changed, modified, amended, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or -2- warranties shall be binding on the other party unless expressed in writing herein or in a duly executed amendment hereto. 9. That this agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 10. That this agreement is not intended and shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 11. That this agreement is and shall be deemed and construed to be a joint and collective work product of the City and the School District, and, as such, this agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 12. That all notices or other communications hereunder shall be made in writing and shall be deemed given if personally delivered, sent by overnight courier, or mailed by registered or certified mail, return receipt requested, to the parties at the addresses following their signatures, or at such other addresses for a party as shall be specified by a like notice and shall be deemed received on the date which said notice is hand delivered or the second business day following the date on which so mailed. IN WITNESS WIiEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above. CITY OF 7 IN Co MMU 1TY UNIT SCH ICT 303 c T By fC By I President Attest: City6t Jerk , City of Elgin Community Unit Sch&Lli 150 Dexter Court 201 S. 7th Street Elgin, IL 60120 St. Charles, IL 60174 Attention: City Clerk Attention: Superintendent R \Legal Dept\A.g eementllntergavemmentnl Agr -&hoot Dist 303 - impact fees-12- 7 -Mdeax -3-