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HomeMy WebLinkAbout01-117 Resolution No. 01-117 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE GAIL BORDEN PUBLIC LIBRARY DISTRICT FOR A TEMPORARY PUBLIC PARKING LOT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intergovernmental Agreement on behalf of the City of Elgin with the Gail Borden Public Library District for a temporary public parking lot located at the northwest corner of Kimball Street and North Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schack Ed Schock, Mayor Presented: April 25, 2001 Adopted: April 25 , 2001 Omnibus Vote : Yeas 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk F City of Elgin Agenda Item No. Li E L April 20, 2001 N TO: Mayor and Member of the City Council ALIVE DOWNTOWN FROM: Joyce A. Parker, City Manager SUBJECT: Intergovernmental Agreement for a Temporary Public Parking Lot in the New Library Site PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an Intergovernmental Agreement with the Gail Borden Public Library to allow the City to construct a temporary public parking lot at the new library site . BACKGROUND Staff had previously informed the City Council that negotiations were underway with the Gail Borden Public Library to construct a temporary parking lot on the new library site . A location map is attached for your consideration. The intent of the temporary parking lot is to provide additional relief from the parking inconveniences created by the Recreation Center construction activities . The parking plan previously provided to the City Council for the Recreation Center activities covered all spaces lost due to construction. The spaces provided with the subject lot provide additional long-term parking closer in proximity to the Library and Hemmens. On Tuesday, April 10, 2001, the library approved the subject agreement and authorizes the City to construct the temporary parking lot subject to City Council' s execution of the agreement . The agreement basically stipulates that the City can construct a temporary parking lot to its own specifications . It is staff' s intent to construct the lot with a six-inch gravel base and a one and one-half inch asphalt top coat . The completed parking lot will accommodate approximately 110 vehicles. The parking limit is proposed to be ten hours . Temporary Public Parking Lot April 20, 2001 Page 2 The lot can be used for public parking for the term of the agreement, which is December 31 , 2001 . It is anticipated that the parking structure will be completed by the termination date . The library intends to begin construction of their new building in February 2002 , so there will be no disruption of the Library' s construction activities . Public Works Streets Division personnel will construct the lot, including grading, gravel base, asphalt, striping and signage, beginning April 30 , 2001 . The library intends to use the lot as a staging area after the agreement expires so no removal efforts are required. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The Gail Borden Library Board Dan Zack, Library Director Elgin Symphony Orchestra rifn_FINANCIAL IMPACT (d) There are no costs to the library for this agreement . Out-of- pocket costs for this work will include asphalt and gravel . Signage and striping materials will come from in-house stock. It is estimated that the asphalt and gravel costs equal approximately $20, 000 . These costs will be funded by money left over from the Decorative Street Light project (339612) and expenditures will be charged to account number 275-0000-791 . 93-80, project number 339646 (Library Temporary Parking) . 110611/LEGAL IMPACT None . ALTERNATIVES Do not construct the temporary parking lot and evaluate other potential temporary parking considerations . Temporary Public Parking Lot April 20, 2001 Page 3 RECOMMENDATION It is recommended that the City Council authorize execution of the subject agreement allowing staff to complete the work necessary for use of the new Gail Borden Public Library site as a temporary public parking lot . Res.ectfully submitted, L_- J� ce A. Parker City Manager DLL:amp r RAGREE/LIBRARY. TP Draft 4/5/01 INTERGOVERNMENTAL AGREEMENT REGARDING A TEMPORARY PUBLIC PARKING LOT THIS AGREEMENT is hereby made and entered into this 4e— day of /Y1 4 V , 2001, by and between the City of Elgin, Illinois, a tunicipal corporation (hereinafter referred to as "City" ) and the Gail Borden Public Library District, an Illinois library district (hereinafter referred to as "Library" ) . WHEREAS, City is constructing a recreation center and parking facility located at certain City owned property; and WHEREAS, Library owns certain property generally located at the northwest corner of Kimball Street and North Grove Avenue, depicted and legally described on Exhibit "A" attached hereto (hereinafter referred to as "Subject Library Property" ) ; and WHEREAS, City and Library have each determined it to be in their best interests to cooperate to provide temporary public parking on a portion of the Subject Library Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows : 1 . The Library hereby agrees to allow the City at the City' s expense to construct or cause to be constructed a temporary city public parking lot on a portion of the Subject Library Property in the location on such property as generally depicted on Exhibit "A" attached hereto (hereinafter referred to as the "Temporary Public Parking Lot" ) . The Library further agrees that the City and members of the public shall be permitted access onto that portion of the Subject Library Property upon which the Temporary Public Parking Lot is to be constructed by the City to utilize the Temporary Public Parking lot for the parking of vehicles . The plans and specifications for the Temporary Public Parking Lot shall be as determined by the City. There shall be no charge by the Library to the City for the use of the Subject Library Property for the Temporary Public Parking Lot . 2 . The City agrees to and shall indemnify, defend and hold harmless the Library, its officers, employees and agents from and against any and all third party claims, suits, judgments, costs, attorney' s fees, damages and other relief, resulting from or arising out of or in connection with the City' s construction of the Temporary Public Parking Lot or the subsequent use thereof as described in this agreement . In the event of any action against the Library, its officers, employees or agents covered by the foregoing duty to indemnify, defend and hold harmless the Library shall provide the City prompt written notice thereof and such action shall be defended by legal counsel of the City' s choosing. 3 . It is understood that the City will be utilizing its self-insurance program for protection for the City against claims for bodily injury, death or property damage occurring as a result of the existence of this agreement and/or the construction and use of the Temporary Public Parking Lot as described in this agreement . The City agrees to include the Library during the term of this agreement as an additional named insured within its self-insurance program so as to provide coverage against claims for bodily injury, death or property damage occurring as a result of the existence of this agreement or the construction or use of the Temporary Public Parking Lot as a described in this agreement . 4 . The term of this agreement shall commence as of the date and year first written above and shall terminate on December 31, 2001 . 5 . If requested by the Library prior to the commencement of construction of the new library or any other improvements on the Subject Library Property the City shall at its cost remove the Temporary Public Parking Lot constructed by the City pursuant to this agreement . 6 . 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 . 7 . This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto . 8 . Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 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