HomeMy WebLinkAbout17-107 Resolution No. 17-107
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL MAINTENANCE
FACILITY AGREEMENT WITH HANOVER TOWNSHIP ROAD DISTRICT
FOR SALT STORAGE AT THE SHALES PARKWAY FACILITY
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 Maintenance Facility Agreement on behalf of the City of
Elgin with Hanover Township Road District for salt storage at the Shales Parkway facility,a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 9, 2017
Adopted: August 9, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL MAINTENANCE FACILITY AGREEMENT
This Agreement is hereby made and entered into this day �6 of lvi`Z017,
by and between the City of Elgin, a municipal corporation of the State f Illinois
(hereinafter referred to as the "City") and Hanover Township Road District, a body
corporate and politic of the State of Illinois (hereinafter referred to as the"Road
District").The City and the Road District are hereinafter collectively referred to as the
"Parties" and each individually as a"Party".
WITNESSETH
WHEREAS, the Illinois Constitution of 1970, Article VII, Section 10 and
the Intergovernmental Cooperation Act at 5 ILCS 220/1, et seq., authorize the Road
District and the City to cooperate in the performance of their respective duties and
responsibilities by contract and other agreements; and
WHEREAS, the Road District and the City desire to develop a mutually
satisfactory arrangement for the shared use of the gated, fenced storage yard at the City's
Salt Storage Facility located at 526 Shales Parkway,Elgin, Illinois (hereinafter referred
to as "Facility"). The location of the Facility is depicted on the location map which is
attached hereto and made a part hereof as Exhibit"A"; and
WHEREAS, this Agreement shall be of benefit to the citizens of the Road
District and the City in that it shall facilitate the safe and efficient movement of traffic.
NOW, THEREFORE,in consideration of the above preambles and the mutual
promises and covenants as contained herein and for other good and valuable
consideration,the sufficiency of which is agreed to by the Parties hereto, both the Road
District and the City covenant, agree and bind themselves as follows:
A. The City shall make available a storage facility, at no cost, to store up to 500 tons
of salt purchased by the Road District for use by their employees on Township
roads and streets. The Road District shall track the amount of salt used in a manner
agreeable to both parties.
B. The Road District shall reimburse the City their pro-rata share of the cost associated
with the conveyor rental that is utilized to load the Road District's 500 tons of salt
into the storage facility. This cost shall be equal to I-day of rental fees for the
conveyor. (2016 conveyor rental was equal to $3,913.33 per day)
C. The City shall also make available up to 5,000 gallons of liquid pre-treatment
chemical (SuperMix) for use by the Road District on an annual basis each snow
removal season, provided that the City continues its in-house manufacture and
distribution of the same to the Facility. Additional amounts may be purchased by
the Road District on an annual basis each snow removal season at the City's cost
of manufacture (2016 pricing being approximately .25 dollars/gallon), if such
additional amounts are available and in the City's sole discretion.
D. When the Road District supply get below 200 tons,more salt shall be ordered and
placed in the Facility to maintain an adequate supply at all times.
E. The City shall provide three to five Identification/Security Access Cards that
access (that will allow) Road District employees to use the pay loader on site at
the Facility to load salt into Road District trucks.
F. The Road District shall provide or cause to be provided at its sole expense snow
removal operations (hereinafter referred to as plowing) and road deicing
(hereinafter referred to as salting) for Spaulding Drive from Gifford Road to the
Elgin city limit line and for Gasket Drive from Gifford Road to the dead end
which are under the jurisdiction of the City. The Road District shall perform such
plowing and salting in a similar manner to highways under the Road District's
jurisdiction in accordance with the Road District's normal snow and ice removal
practices.
G. The Road District shall have unrestricted access to the gated,fenced storage yard
of the Facility for the aforesaid purposes from November 1st through April 1st of
each year as long as this Agreement remains in effect.
H. The City shall indemnify, defend, and save harmless as herein provided, the
Road District, its officers, agents, officials, servants, and employees from any
and all liability,claims, manner of actions,cause,and causes of action, suits,sums
of money, covenants, controversies, agreements, promises, damages,judgments,
claims,and demands,whatsoever,in law or in equity,and particularly and without
limiting the generality of the forgoing any and all personal injuries, property
damage or death, including claims for indemnity or contribution, attorneys' fees,
and litigation expenses all and in any case or manner arising out of, caused by,
or in consequence of the negligence of the City's employees,officers, agents, or
servants, or out of, caused by, or in consequence of and relating in any manner
to this Agreement and the City's use of the gated, fenced storage yard of the
Facility.
I. The Road District shall indemnify, defend, and save harmless as herein provided,
the City, its officers, agents, officials, servants,and employees from any and all
liability, claims, manner of actions, cause, and causes of action, suits, sums of
money, covenants, controversies, agreements, promises, damages, judgments,
claims, and demands, whatsoever, in law or in equity, and particularly and
without limiting the generality of the forgoing any and all personal injuries,
property damage or death, including claims for indemnity or contribution,
attorneys'fees, and litigation expenses all and in any case or manner arising out
of, caused by, or in consequence of the negligence of the Road District's
employees,officers,agents, or servants,or out of,caused by,or in consequence of
and relating in any manner to this Agreement and the and the Road District's use
of the gated,fenced storage yard of the Facility.
J. The term of this Agreement shall end on April 1 st, 2021. This Agreement may be
extended thereafter on an annual basis by mutual written consent of both Parties
under the same terms and conditions as set forth herein.
K. The failure of either Party hereto, at any time, to insist upon performance or
observation of any term, covenant, agreement,or condition contained herein shall
not in any manner be construed as waiver of any right to enforce any term,
covenant,agreement,or condition herein contained.
L. The terms of this Agreement shall be severable. In the event any of the terms or
provisions of this Agreement are deemed to be void or otherwise unenforceable
for any reason, the remainder of this Agreement shall remain in full force and
effect.
M. This Agreement shall be subject to and governed by laws of the State of Illinois.
Venue for the resolution of any disputes or the enforcement of any rights shall be
in the Circuit Court of the Sixteenth Judicial Circuit,Kane County, Illinois. Each
party shall be responsible for their own attorneys' fees and costs.
N. This agreement shall not be construed so as to create a joint venture,partnership,
employment or other agency relationship between the Parties hereto without
penalty or further obligation under this Agreement.
O. This agreement may be terminated between the dates of April 15th and September
15th of each year upon thirty (30) days written notice by either Party.
P. No official, director, officer, agent or employee of either Party hereto shall be
charged personally or held contractually liable under any term or provision of this
Agreement, or because of their execution, approval or attempted execution of this
Agreement.
Q. This agreement represents the entire agreement of the Parties with respect to the
subject matter hereof, and supersedes all prior or contemporaneous agreements
between the parties, whether written or oral. The terms of this Agreement shall not
be modified or amended except by written agreement of the Parties hereto, and
only after approval by their respective governing boards where such approval is
required.
R. This Agreement shall be binding on the Parties hereto and their respective
successors and permitted assigns. Neither Party may assign, transfer or otherwise
convey its rights or obligations under this Agreement without the prior written
consent of the other Party, which may be withheld in such Party's sole discretion.
S. Notwithstanding any other provision of this Agreement, it is expressly agreed and
understood that in connection with the performance of this Agreement that the
City and the Road District shall comply with all applicable Federal, State, City
and other requirements of law, including, but not limited to, any applicable
requirements regarding prevailing wages,minimum wage,workplace safety and
legal status of employees. Without limiting the foregoing, the Parties hereby
certify,represent and warrant that their respective employees and/or agents that
will be providing products and/or services with respect to this Agreement shall
be legal residents of the United States. The Parties shall also, at their respective
cost and expense, secure all permits and licenses, pay all charges and fees, and
give all notices necessary and incident to the products and/or services to be
provided for in this Agreement, as may be required by law.
T. Notwithstanding any provisions herein to the contrary,this agreement is entered
into soley for the benefit of the contracting Parties, and nothing in this Agreement
is intended, either expressly or impliedly,to provide any right or benefit of any
kind whatsoever to any person and entity who is not a party to this Agreement or
to acknowledge, establish,or impose any legal duty to any third party. Nothing
herein shall be construed as an express and/or implied waiver of any common law
and/or statutory immunities and/or privileges of the Hanover Township Road
District,the City of Elgin, and/or any of their respective officials, officers,
employees,volunteers and agents.
U. Notwithstanding any provision herein to the contrary,the insurance company, self-
insurance pool, risk provider, self-insured party, or similar entity of the Party
providing any indemnification hereunder shall be allowed to raise,on behalf of the
Party, any and all defenses, statutory and/or common law to such claim or action
which the other Party might have raised, including but not limited to any defense
contained within the Illinois Local Governmental and Governmental Employee
Tort Immunity Act, 745 ILCS 10/1-1-1 et seq.
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IN WITNESS WHEREOF, the Road District and the City have caused this
Agreement to be signed and attested by their officials, pursuant to lawful
authorizations for its execution.
HANOVER TOWNSHIP ROAD DISTRICT CITY OF ELGIN
By: By:
Highwa ommissioner yo
ATTEST: ATTEST:
jY B :%B �(�t.GG
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;6ad District Clerk City Clerk,City Vf Elgin
Date: August 9, 2017
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2017KO55705
SANDY WEGMAN I
RECORDER - KANE COUNTY IL
�9 y` RECORDED: 10/24/2017 1:47 PM
CO[1T'' REC FEE: 47.00
PAGES: 3
Sandy Wegman
Kane County Recorder
719 S Batavia Ave, Bldg C
Geneva. IL 60134
Recording Cover Page
This page added for the purposes of affixing Recording Information
F] Deed
0 Other
❑ UCC
❑ Plat
Remarks: Tyler Creek Watershed Streambank Stabilization Program Notice of Lien dtd
8/9/17
\0�
NOTICE OF LIEN
This Lien Agreement is hereby
made and entered into this 9th day of
August , 2017, by and between
the CITY OF ELGIN, ILLINOIS, a
municipal corporation, (hereinafter
referred to as"City") and
Garden Ouarter I Association, (hereinafter referred to as the"Property Owner") the title holder(s)
or sole beneficial owner(s) of the real property commonly known as the Garden Quarter
Townhomes, Elgin, Kane County, Illinois, Parcel Index Numbers 06-10-401-010, 06-10-253-
014, 06-10-254-003, 06-10-401-011, (hereinafter referred to as the "Subject Properties"), and
legally described in Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the Property has made an application to the City for Tyler Creek Watershed
Streambank Stabilization Program funds to be used for certain streambank stabilization
improvements to the Subject Properties; and,
WHEREAS, the City has provided such funds to the Property Owner(s) as a loan in the
amount of twenty-one thousand five hundred sixty-two dollars and fifty cents($21,562.50 .
NOW, THEREFORE, the parties hereto agree that the City of Elgin shall have a lien
against title to the Subject Properties in the amount of twenty-one thousand five hundred sixty-
two dollars and fifty cents($21,562.50).
This lien shall be effective as to the Subject Properties from the date of this lien.
CITY OF ELGIN, ILLINOIS GARDEN QUARTER I ASSOCIATION
By� � By G
onald Rage, Managing A t
c
Prepared by: After Recordiny,Return to:
Christopher J. Beck City Clerk
City of Elgin City of Elgin
150 Dexter Court 150 Dexter Court
Elgin, IL 60120-5555 Elgin, IL 60120-5555
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EXHIBIT A
Garden Quarter Townhome Association—Legal Description
Lots A and B in Ladd's Elgin Garden Quarter, being a subdivision of part of the Northeast Quarter
and the Southwest Quarter of Section 10, Township 41 North, Range 8 East of the Third Principal
Meridian,all in Kane County,Illinois,as recorded in the Office of the Recorder of Deeds for Kane
County, Illinois,on June 3, 1971 as Document No. 1192429 in Book 56 of Plats at Pages 1 and 2;
AND
Lots F and G in Ladd's Elgin Garden Quarter,being a subdivision of part of the Northeast Quarter
and the Southwest Quarter of Section 10,Township 41 North, Range 8 East of the Third Principal
Meridian,all in Kane County,Illinois,as recorded in the Office of the Recorder of Deeds for Kane
County, Illinois,on June 3, 1971 as Document No. 1192429 in Book 56 of Plats at Pages 1 and 2.
Parcel Index Numbers: 06-10-401-010; 06-10-253-014; 06-10-254-003, and 06-10-401-011.
NOTE: Garden Quarter I and Garden Quarter 11 merged to form a single association on January
13, 1987 by Document 1817909.
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