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 .
CITY OF ELGIN GAIL BORDEN PUBLIC LIBRARY
DISTRICT
B , a . 9/- -)By t&A--
ty anager
Attest : Its
City Clerk
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