title
A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF
ROSELLE AND THE COUNTY OF DUPAGE WITH REGARDS TO THE
REMOVAL OF HAZARDOUS MATERIALS FROM A DANGEROUS AND UNSAFE BUILDING WITHIN THE VILLAGE OF ROSELLE
resolution
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this
13th day of November 2023, by and among the COUNTY OF DUPAGE, a body corporate and politic, hereinafter referred to as “DuPage County” or “County”), and the Village of Roselle, an Illinois municipal corporation (hereinafter referred to as “Roselle” DuPage County and Roselle are herein jointly referred to as the “Parties”.
W I T N E S S E T H:
WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois authorizes units of local government to contract and associate among themselves 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, under said Constitutional provision, participating units of local government may use their credit, revenues, and other resources to pay costs related to intergovernmental activities; and
WHEREAS, the Intergovernmental Cooperation Act, as amended (5 ILCS 220/1, et seq.) authorizes units of local government to exercise, combine, transfer, and enjoy jointly any power or powers, privileges, functions, or authority exercised, or which may be exercised by any one of them, and to enter into intergovernmental agreements for that purpose; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., provides that any power or powers, privileges or authority exercised, or which may be exercised by a unit of local government may be exercised and enjoyed jointly with any other unit of local government; and
WHEREAS, Section 5-1121 of the Counties Code provides that upon the formal request of a village with less than 50,000 residents, a County may cause the demolition and repair of unsafe buildings within the territory of any village; and
WHEREAS, there exists a dangerous and unsafe building located at 233 E. Maple Avenue, Roselle, IL 60172 (“Subject Property”), and
WHEREAS, the Village of Roselle recently acquired title to the dangerous and unsafe building with the intent of demolishing said building, and
WHEREAS, the Village of Roselle unexpectedly located asbestos within the building which significantly increased the cost of demolition, and
WHEREAS, the Village of Roselle has requested financial assistance in removing the hazardous and noxious materials from the inside of the dangerous and unsafe structure; and
WHEREAS, the Village of Roselle intends to develop affordable senior housing on the Subject Property, and
WHEREAS, the County of DuPage wishes to foster the removal of dangerous conditions existing within municipalities of the County of DuPage, in furtherance of the creation and existence of safe and affordable housing throughout DuPage County.
NOW, therefore, be it resolved by the DuPage County Board and the Village Board of Trustees of Roselle as follows:
1. The Parties hereby find that all of the recitals hereinbefore stated as contained in the preamble to the resolution are full, true and correct and accurately represent the substantive covenant between the Parties.
2. The County agrees to reimburse the Village of Roselle for asbestos abatement related to the demolition of the Subject Property located at 233 E. Maple Avenue, Roselle, DuPage County, Illinois in an amount not to exceed fifty thousand dollars ($50,000.00).
3. The County’s sole obligation under this Agreement is to reimburse Roselle for costs incurred in the abatement of asbestos at the Subject Property. The County shall exercise no permitting jurisdiction over the activity at the Subject Property and shall not have any right to control or direct any contractors Roselle engages to perform asbestos abatement on the Subject Property, beyond the County’s ordinary and routine public health, safety and welfare controls during any abatement activity.
4. As to all liability, claims, suits, demands, proceedings and actions brought by a third party, including costs, fees and expense of defense, arising from, growing out of, or related to, any loss, damage, injury, death, or loss or damage to property resulting from, or connected with this Agreement, the Village shall indemnify and hold the County harmless, including the County’s officials, officers and employees from and against, any liability or claims, unless the Village can demonstrate that the subject of the claim or suit was caused by the County’s negligence, recklessness or willful misconduct. The Village shall submit suitable supporting documents to the County to indicate that the Village has incurred costs related to the removal of asbestos from 233 E. Maple Avenue, Roselle, DuPage County, Illinois. The County shall act in good faith and in accordance with generally accepted accounting principles in determining whether the records submitted by the Village constitute sufficient supporting documentation of the abatement expenses.
5. The County shall, within a reasonable time, tender the actual cost of asbestos abatement, but in no circumstances more than fifty thousand dollars ($50,000.00) to the Village of Roselle, upon receipt of reasonable proof that the Village has incurred costs for the abatement of asbestos at 233 E. Maple Avenue, Roselle, DuPage County, Illinois.
6. In the event the Village wishes to terminate this Agreement, it may do so upon written notice to DuPage County.
7. This Agreement shall not be assigned or transferred without the mutual written consent of the DuPage County Board and the Board of Trustees of the Village of Roselle.
8. This Agreement contains the entire agreement between the Parties and all prior discussions and negotiations associated herewith are merged herein. Any amendment to this Agreement shall be mutual and by written consent of both Parties.
9. Nothing in this Agreement shall be construed as a joint partnership with regards to the demolition of the Subject Property or in any other endeavor governed by the terms of this Agreement.
end
Enacted and approved this 13th day of August, 2024 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK