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HomeMy WebLinkAbout04-58 • Resolution No. 04-58 RESOLUTION AUTHORIZING EXECUTION OF AN ASSIGNMENT AGREEMENT WITH THE CORPORATION FOR OPEN LANDS AND THE TRUST FOR PUBLIC LANDS FOR THE FAR WEST AREA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute an Assignment Agreement on behalf of the City of Elgin with the Corporation for Open Lands and The Trust for Public Lands for a study and recommendations on open space needs in the Far West Area, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: March 10, 2004 Adopted: March 10, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • . `; '? Agenda Item No. IF J City of Elgin 3 �141TEDFEs' E K ��. ,` r , i February 20, 2004 "I AAF-0I 1 N r",:,....;1'; TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFIC IF NT SERVICES. AND OI.NUT Y INFRASTRUCTURE FROM: David M. Dorgan, City Manager Ri/r/P------' Tom Armstrong, Principal Planner SUBJECT: Assignment of the Corlands Professional Services Agreement to The Trust for Public Land PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to assign the professional services agreement from Corlands to The Trust for Public Land. • RECOMMENDATION It is recommended that the City Council assign the professional services agreement from Corlands to The Trust for Public Land. BACKGROUND In October, 2003, the City entered into a professional services agreement with Corlands, a non- profit group affiliated with the Open Lands Project. This organization works with local governments on open space and conservation issues. With this agreement, Corlands was to identify and make recommendations on various open space needs and issues in our Far West Area. Recently, City staff learned of various changes within the Corlands organization, including changes in personnel. With these changes, Corlands has informed the City they no longer have the capacity to perform the terms of the contract. Accordingly, they wish to be allowed to withdraw from the contract. The principals that were involved with Corlands' contract are now working with The Trust for Public Land (TPL). Both the principals and TPL wish to complete the work that Corlands was originally contracted to do. An agreement has been prepared assigning all the rights and obligations in the Corlands professional services agreement to The Trust for Public Land. i Assignment of the Corlands Professional Services Agreement 111 February 20, 2004 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT Other than some initial fact-finding work, Corlands has not yet performed any substantive work on the contract nor have they incurred any costs. The original $8,000 submitted to Corlands (one-half of the contract amount) has not been cashed and will be returned to the City upon execution of the assignment agreement. GAL IMPACT None. vw,h)d ALTERNATIVES 1. Assign the professional services agreement from Corlands to The Trust for Public Land. III2. Do not assign the professional services agreement. 3. Terminate the professional services agreement. Respectfully submitted for City Council consideration. TJA/sr Attachments S . TRUST F O R _ UBLIC LAND IA Conserving Land for People January 30, 2004 Mr. Mark Biernacki Director of Planning City of Elgin 150 Dexter Court - Elgin, IL 60120 RE: Assignment Agreement Dear Mark: Enclosed please find six copies of the Assignment Agreement. Three copies were executed by CorLands and the other three were executed by The Trust for Public Land. (I assume that the separate copies will not be a problem for the City. If it is a problem, send back the CorLands copies and I will send to be signed at our 1111 office in St. Paul.) I am also sending you a copy of our Certificate of Insurance. We look forward to working with you and the City on this exciting project. We appreciate your assistance in making this transfer to our new organization.Sii erely, Of Nanc . Kaszak Dire r of Business Development Encls. • The Trust for Public Land Chicago Office 53 N.W.Jackson Boulevard CSuite 632 hicago,IL 60604 • (312)427-1979 . Fax(312)408-1733 www.tpl.org • i I ,. . . • • .. • 1. t r December 19, 2003 �niands Project Mr. Mark Biernacki City of Elgin Suite 1650 150 Dexter Court 25 East Washington Street Chicago,Illinois Elgin, Illinois 60120-5555 60602-1708 Tel:312-427-4256 Dear Mark: Fax:312-427-6251 www.openlands.org I am writing this letter on behalf of CorLands to confirm the telephone Board of Directors conversation that we had earlier this week. CorLands formally requests that it President Susan Bell be allowed to withdraw from the contract with the City of Elgin to prepare an Treasurer open space plan for west Elgin. J.Timothy Ritchie Secretary As I explained to you on the phone, Openlands Project is restructuring Charles Saltzman CorLands, our land-buying affiliate, to maximize its effectiveness. In the Vice President restructuring process, we had to reduce staff Subsequently, several CorLands Administration Andrew Otting staff members have chosen to leave CorLands, viz., Ed Uhlir and Jeff Vice President Greenspan, the key members of the Elgin Open Space Plan project team. . Development Nancy W.Sutherland Vice President As a result of Jeff's and Ed's imminent departure, CorLands does not have the Program capacity at this.time to prepare an open space plan for west Elgin as outlined C.Newcomer in the Professional Services agreement between Elgin and CorLands. I have resident checked with Ed and-Jeff who have assured me that the project is still in its o rcv Donn F.Bailey.Ph.D. beginning stages and that minimal time has been spent on the project thus far. Past President Tony Dean It is my understanding that you are willing to terminate the agreement upon Stephen W.Baird receipt of this letter. Once I receive verification from you that you have Paul Becker Shaunn C.Block received this letter and that CorLands has been released from the contract, I Richard J.Carlson.Ph.D. will return Elgin's check, which has not been cashed. George W.Davis J.Bradley Davis Victoria C.Drake I hope that you will be able to make an arrangement with Jeff and Ed, either Mary S:Mills Dunea Philip J.Enquist,MA as individual contractors or as employees of the Trust for Public Lands, to Lynn B.Evans complete the project. Joseph M.Flavin John M.Haight,111 Diane L.Hamburger Sincerely, Jonathan C.Hamill Daniel Kearney Iris J.Krieg < (/ Janis Wellin Notz George W.Overton Joyce O'Keefe Alexander D.Stuart Georgians Taylor Associate Director George H.Ware.Ph.D. Honorary Directors Cc: Gerald W. Adelmann Marshall Field V Jack Guth Jeffrey Greenspan Brooks McCormick Edward Uhlir Louise B.Young =- - �live Director d W.Adelmann L eY Affiliate -�' �'{gl CorLands '>YE Rs Printed on Recycled Paper 1963~ 2003 About TPL: The Trust for Public Land Page 1 of 1 • TRUST _ . r 't '- ' -°Y • .-AZ P ° R 11740:1'F,: PUBIIC About TPL Land conservation is central to TPL's mission. Founded in 1972,the Trust for Public Land is the only national nonprofit working exclusively to protect land for human enjoyment and well-being.TPL helps conserve land for recreation and spiritual nourishment and to improve the health and quality of life of American communities. Request a copy of TPL's Annual Report for 2003 TPL's legal and real estate specialists work with landowners,government agencies,and community groups to: • create urban parks,gardens,greenways, and riverways • build livable communities by setting aside open space in the path of growth • conserve land for watershed protection, scenic beauty, and close-to-home recreation • safeguard the character of communities by preserving historic landmarks and landscapes. TPL pioneers new ways to finance parks and open space;helps generate federal,state,and local conservation funding;and promotes the importance of public lands. • TPL helps communities create a"greenprint for growth"by protecting important land that may be threatened by urban or suburban sprawl. TPL believes that connecting people to land deepens the public's appreciation of nature and the commitment to protect it.Since 1972,TPL has helped protect more than 1.4 million acres in 45 states—from expansive recreation areas,to historic homesteads,to vest-pocket city parks. Contact Us I Home I Donate Now I Site Map ©2002 The Trust for Public Land.All Rights Reserved. Privacy Policy • httn://www.tol.ore/tier3 orint.cfm?folder id=170&mod tune=2 12/30/2003 Greenprinting, Greenprinting Services:-The Trust for Public Land Page 1 of 2 T H E TRUST ,:• F R ' fi PUBLIC sr t ri v " fro , • L R S �.',' "`, a'•���.1 _..-.4jrFs W-:"� '., "tk'a'`'``' '''r ..r:_�"x. ;. `�`. �.c, c'`-a"-. Greenprinting Services 12/17/00 2 5� Photo by:Gary Rothstein What is greenprinting?" Greenprinting provides a framework for future growth and a plan to protect important natural resources. TPL works with local communities to help create land conservation strategies that will permanently protect the most important natural resources in their regions-like floodways,drinking water sources and recreation • opportunities-and help shape growth around them. Examples of some of our greenprinting work can be found in this section of TPL's website. How is greenprinting different from other TPL land conservation work? For nearly 30 years,TPL has been helping communities purchase a new park every other business day with real estate tools that show results on the ground.During the past 8 years,TPL has begun working with communities at an earlier stage of land protection,creating a vision that can guide land protection and new park efforts,and identifying the tools and partners to help accomplish a community's goals. Our real estate and public finance services can then help with greenprint implementation. With greenprinting,the process of working with TPL starts early.TPL supports communities at the beginning of their smart growth work-helping to create a vision,identifying the tools and partners that can accomplish the desired goals,and showing ways that funds can be secured. How does greenprinting work? Greenprinting for Growth is based on a three-fold process: 1. Defining a Conservation Vision: Developing a land-protection vision,or"greenprint,"that reflects a community's growth goals and enjoys public support.TPL analyzes where and what kind of support exists for new parks and open space;where partnerships can be formed to assist in development and management;and where key needs are perceived.We develop GIS-based analysis for viewing multiple geographic and demographic data layers 2. Securing Conservation Funds: Identifying and securing funds to implement the greenprint.A financial analysis of potential state, local and federal programs that can provide parks support is the first step we take in devising a set of implementation options.The product of our research is a set of fiscal alternatives • as allowed by state or local law,select demographic data,and potential uses of various state, local and federal funding sources.TPL also reviews how private funding partners can assist with acquisition goals. 3.Acquiring and Managing Park and Conservation Lands:Administering the greenprinting program, completing transactions,and managing protected land.Taking the vision and financing strategy and httn:IIwww.tnl.orQ/tier3 orint.cfm?folder id=830&content item id=1718&mod type=1 12/30/2003 Greenprinting, Greenprinting Services: The Trust for Public Land Page 2 of 2 making land conservation deals happen is TPL's core skill.Working with local stakeholders we help to produce a prioritized list of key conservation properties that can be considered and secured for permanent • protection. Why involve TPL? • Many consultants offer services around planning and growth management. Here's what makes TPL different from other service providers:We do plans ready for implementation-budgets,targets,timelines and action plans-and we provide our skills and expertise to implement them.TPL is distinguished by its ability to get results on the ground. Who pays for greenprinting? Financial support for the project.comes from local private and public partners who care about parks and the • role they play in building healthy communities.City and County governments, business partnerships,and private foundations are some of the funders who have helped pay for greenprinting services.TPL can help local leaders in developing proposals and discussing program goals with potential funders. How can I learn if greenprinting is the right approach for my community? For more information, email us with a short description describing your community,why new parks are important to your community-building,who the key leaders are that are involved in parks and open space, and the key challenges that you are facing in building your program. Updated 2/2003 • Contact Us I Home ( Donate Now ( Site Map ©2002 The Trust for Public Land.All Rights Reserved. Privacy Policy S • httn://www.tnl.or2/tier3 nrint.cfm?folder id=830&content item id=1718&mod type=1 12/30/2003 Land & Water, Land Conservation for Watershed Protection: The Trust for Public Land Page 1 of 1 �r H • - � F TRUST0�T R F - r ti Asa-. i.� PuB l LANDye ���yyari��` fir{}{r ,. -. a�$"�' `}' • • 1 s ro I i:t.#:G\:riiarto pS'`^ ;rWa f5 -r ,.en -_.'' irr� e Land Conservation for Watershed Protection 05/25/02 'The health of our waters is the principal measure of how we live on the land." Luna Leopold This section of TPL's Web site is about the ways that protecting our land protects the water we drink,swim in,and depend on to nourish healthy ecosystems. It provides information, tools, resources and case studies to help volunteers and professionals: • Identify what lands to protect for the greatest water protection benefit, • Implement watershed conservation and management strategies,and • Find and make the most of funds to protect sensitive lands Why Land Conservation? Local governments,water suppliers,nonprofits and other watershed managers are increasingly using land conservation as a water-protection strategy. Landowners see acquisition as fair,since it compensates them for the value of their property while offering permanent protection for critical natural resources.Voters have • also shown broad support of funding measures to protect water through land conservation,which provides multiple benefits,such as flood control,recreation, and the protection of historic and environmental resources. • Regulatory strategies,such as zoning and development restrictions,can be more effective when combined with land conservation. Regulatory strategies alone can place excessive burdens on landowners who may not benefit directly from cleaner water.And they may be difficult or even impossible to implement for communities that do not have authority to regulate land uses within the watershed they need to protect. Non-regulatory strategies,such as best management practices(BMPs)and public education, may be effective over time by changing the behaviors and practices of those in the watershed, but may be insufficient to protect water resources on their own.These voluntary compliance strategies are usually most effective when combined with other approaches,such as land conservation or land use regulation. Watershed conservation information by email!Subscribe to TPL LandLink Newsletters on conservation topics. Contact Us I Home I Donate Now I Site Map 2002 The Trust for Public Land.All Rights Reserved. Privacy Policy • httn://www.tnl.org/tier3 nrint.cfrn?folder id=1885&content item id=8421&mod tune=1 12/30/2003 City Parks:.The Trust for Public Land Page 1 of 1 TRUST . .s'- z +: 'af � a r7 �on".{F�7 p©VTR sya�.c � as PrY��� '�iSC � � 4- LAND z� �`- ` 'ys.;-�^s ;;'.��(M' �yY p�,��.yr4 .'q 'ctla 5 � ~IX oT Peo e: kP�' �.:- a. �-.•i• G�-�i. •rig.- rt .N«` � �i '..._ .. City Parks E Y ,Portland,Oregon Photo by:Phil Schermeister An estimated 80 percent of Americans live,work,and play in urban areas.TPL has helped more than 190 cities complete over 420 park projects. TPL offers: •• • research on park trends and best practices S . help forging a community vision for parks and open space • help developing public-private partnerships for land-protection • assistance with real estate negotiation to acquire new properties • help with private and public fund-raising for parks TPL also has published several books and reports on city parks including Urban Parks and Open Space, Inside City Parks,and The Excellent City Park System:What Makes it Great and How to Get There. This section of TPL's Web site offers links to information on TPL's urban work in cities nationwide. Use the BACK button to return to this section. . Urban parks and open space information by email!Subscribe to TPL LandLink Newsletters on conservation topics. Updated 8/2003 Contact Us J Home I Donate Now j Site Map ©2002 The Trust for Public Land.All Rights Reserved. Privacy Policy • httn•//w',vw tnl.nra/tier'i nrint.cfm?folder id=215&mod tvne=2 12/30/2003 `C,�OF FCC, ,oft , City of Elgin Mayor s ' 7-7 Vti Ed Schock Council Members Juan Figueroa Robert Gilliam Brenda Rodgers Thomas K. Sandor March 24, 2004 John Walters City Manager David M. Dorgan Ms. Nancy L. Kaszak Director of Business Development The Trust for Public Land Chicago Office 53 W. Jackson Boulevard Suite 632 Chicago, IL 60604 RE: Assignment Agreement Dear Nancy: Enclosed please find executed copies of the Assignment Agreement between the City of Elgin, CorLands, and The Trust for Public Lands (TPL). I am sending the same to Joyce O'Keefe at CorLands. I will be in contact with you to schedule a meeting to restart this project. I also received great news from the Friends of Plum Island that the island has been saved and will be protected as an Illinois Audubon Society Eagle Sanctuary. Thank you to TPL for your involvement in that effort. I have been a long time supporter of TPL, and am excited about the resources and experience you can bring to this project. City staff and I look forward to working with you to build a"green" image for Elgin. Sincerely, • IA:WI 47emeates. Tom Armstrong Principal Planner Encls. 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 •TDD 847/931-5616 www.cityofelgin.org ® Printed on recycled paper A of Etc „oak. City City of Elgin Mayor Ed Schock °4'areoct6• Council Members Juan Figueroa - Robert Gilliam Brenda Rodgers Thomas K. Sandor March 24, 2004 John Walters City Manager David M. Dorgan • Ms. Joyce O'Keefe • Associate Director Openlands Project 25 East Washington Street Chicago, IL 60602-1708 RE: Assignment Agreement Dear Joyce: Enclosed please find executed copies of the Assignment Agreement between the City of Elgin, CorLands, and The Trust for Public Lands (TPL).. I am sending the same to Nancy Kaszak at TPL. This letter and the enclosed Assignment Agreement serve to terminate the Professional Services Agreement between the City of Elgin and CorLands. It is my understanding that CorLands will return the first installment payment of$8,000.00 to the City. The City of Elgin, U.S. Fish and Wildlife Service, and the Fox River Ecosystem Partnership are now pursuing funds to undertake the development of watershed protection plans for both Tyler Creek and Ferson-Otter Creek. I am sure Openlands Project will have an active interest in these projects. Perhaps we will have other opportunities to work together to create a"greener"image in this part of the Fox valley. Sincerely, <$-AAA Tom Armstrong Principal Planner Encls. 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610•TDD 847/931-5616 0www.cityofelgin.org Printed on recycled paper r � ASSIGNMENT AGREEMENT This Assignment Agreement made and entered into this V9 day of } , 2004 , by and between The Corporation for Open Lands, an Illinois not-for profit corporation, (hereinafter referred to as "Corlands" ) , the Trust for Public Lands, an Illinois not-for-profit corporation (hereinafter referred to as "the Trust" ) , and the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City" ) . WHEREAS, Corlands and the City have previously entered into a Professional Services Agreement dated October 10 , 2003 , wherein Corlands was to provide certain professional services described therein relating to the preparation of an Open Space Plan for west Elgin (such agreement between the City and Corlands being hereinafter referred to as the "Subject Agreement" ) ; and WHEREAS, Corlands and the Trust have requested and the City has agreed and consented to the assignment from Corlands to the Trust of all of Corlands ' rights and obligations in and to the Subject Agreement . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and in consideration of the mutual promises and covenants contained in the Subject Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Corlands hereby assigns to the Trust all of its rights, title, interest and obligations in and to the Subject Agreement with the City. 2 . That the Trust hereby accepts and assumes all of Corlands ' rights, title, interest and obligations in and to the Subject Agreement between Corlands and the City. 3 . That the City hereby consents to the assignment of the Subject Agreement from Corlands to the Trust as provided in this Assignment Agreement . 4 . That Corlands hereby represents, warrants and agrees that it has not performed any of the work or services in the Subject Agreement and that it is not entitled to the payment of any fees or expenses pursuant to the Subject Agreement . 5 . That this Assignment Agreement shall become effective upon the execution of this Agreement by all of the parties hereto as of the date and year first written above . IN WITNESS WHEREOF the parties hereto have entered into and executed this Assignment Agreement as of the date first written above . CITY OF ELGIN CORPORATION FOR OPEN LANDS Z, avid M. Dorgan By (,‘j- aZeC-L- City Manager Its c"4-c —� Attest : /1 Dolonna ecum Caty Clerk /�� //1 t4g �S FOF PU Lg C LANDS By Its F:\Legal Dept\Agreement\Assignment Agreement-Corlands.doc -2- ASSIGNMENT AGREEMENT This Assignment Agreement made and entered into this V504. day of VApie _ , 2004, by and between The Corporation for Open Lands, an Illinois not-for profit corporation, (hereinafter referred to as a ran-profit c l i fcsmi a p fhl i t baefit "Corlands") , the Trust for Public Lands, ^T Illinois not-for-pro ' oxpxatiaz authmized to Cb busiams in Illinois imi s as TIP.,111Li17Dis. corporation (hereinafter referred to as "the Trust") , and the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City") . WHEREAS, Corlands and the City have previously entered into a Professional Services Agreement dated October 10, 2003, wherein Corlands was to provide certain professional services described therein relating to the preparation of an Open Space Plan for west Elgin (such agreement between the City and Corlands being hereinafter referred to as the "Subject Agreement") ; and WHEREAS, Corlands and the Trust have requested and the City has agreed and consented to the assignment from Corlands to the Trust of all of Corlands ' rights and obligations in and to the Subject Agreement . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and in consideration of the mutual promises and covenants contained in the .Subject Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 . That Corlands hereby assigns to the Trust all of its rights, title, interest and obligations in and to the Subject Agreement with the City, 2 . That the Trust hereby accepts and assumes all of Corlands ' rights, title, interest and obligation in and to the Subject Agreement between Corlands and the City. • . , • 3 . That the City hereby consents to the assignment of the Subject Agreement from Corlands to the Trust as provided in this Assignment Agreement. 4 . That Corlands hereby represents, warrants and agrees that it has not performed any of the work or services in the Subject Agreement and that it is not entitled to the payment of any fees or expenses pursuant to the Subject Agreement. 5 . That this Assignment Agreement shall become effective upon the execution of this Agreement by all of the parties hereto as of the date and year first written above . IN WITNESS WHEREOF the parties hereto have entered into and executed this Assignment Agreement as of the date first written above-. CITY OF ELGIN CORPORATION FOR OPEN LANDS BYLs By David M. Dorgan City Manager Its Atttest : /4—(1)'X/1t�� Dolonna Mecum Cit Clerk 'l4 THE TRUST TOR °PUBLIC LANDS By Its V icy., PA,eo F:\Legal Dept\Agreement\Assigamert Agreement-Corlands.doc -2-