HomeMy WebLinkAbout85-0513 Kane Forest Preserve g5- o513
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INTER-GOVERNMENTAL AGREEMENT
This agreement, made this /3 day of , 1985
between the City of Elgin, a municipality, herein fter referred to
as "Elgin" , and the Forest Preserve District of Kane County, a
municipal corporation, hereinafter referred to as "Kane" .
Witnesseth:
WHEREAS , Elgin and Kane deem it expedient and advisable to
provide a bicycle-hiking path fro the use of their citizens ; and
WHEREAS , the 1970 Constitution of the State of .Illinois ,
Art . VII , ss10 provides for inter-governmental cooperation in
and among units of local government to obtain or share services
and to exercise in combine any power or function in any manner not
prohibited to them and to use their revenues to pay such costs re-
lated to such activities ; and
WHEREAS , the Municipal Code of Illinois Revised Statutes ,
Chapter 24 , and the Forest Preserve District Act of Illinois Revised
Statutes , Chapter 962 authorize such activities by Elgin and Kane ,
respectively; and
WHEREAS , Illinois Revised Statutes , Chapter 127 BB 741-8
specifically authorizes such cooperation among units of local govern-
ments ; and
WHEREAS , in order to construct said project Elgin has been
advised that it has been approved to receive funding from the Illinois
Department of Conservation; and
WHEREAS , it is necessary to designate a project sponsor to meet
grant requirements , to construct the path and receive grant proceeds
for disbursement .
NOW, THEREFORE, it is agreed between the parties as follows :
1. The parties agree to hire Frisco, Duffy & Associates , Batavia,
Illinois to design and layout the path and the parties agree to share
such expense equally if the project is not completed in accordance with
the agreement .
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2 . The parties designate Kane to administer the project for
the purpose of preparing plans and specifications for contracts
for construction of the path, advancing funds for payment of con-
tractors and for compiling necessary documentation for processing
of grant funds , and for such other requirements in connection with
said path as may be necessary.
3. Elgin shall , when required, submit necessary documentation
to the Department of Conservation to effect receipt of grant proceeds
and to disburse them in accordance with this agreement .
4. All bids , documents , plans , and specifications shall be
approved by a designated representative of Kane and Elgin prior to
submission for bidding and letting of contracts .
5 . All contracts shall be executed by Elgin after prior approval
by Kane . All such contracts shall be in accord with applicable pro-
visions relating to contracting by units of local government.
6 . It is contemplated that the total budget for the project shall
be approximately $568 ,000. It is further contemplated that grant pro-
ceeds from the Department of Conservation shall be $168 , 000. Each
of the parties agrees to fund one-half (1/2) of the remaining balance
up to a sum of $200, 000 each.
Kane agrees to advance the construction and other related
expenses and in order to complete the project and Elgin agrees to
reimburse Kane for its equal share of the project costs no later than
September 1 , 1985 . Elgin further agrees to reimburse Kane from the
grant proceeds upon receipt thereof by Elgin.
7 . Elgin shall be responsible for maintenance of that part of
the path north of National Street in Elgin and Kane shall be res-
ponsible for maintenance south of National Street in Elgin.
8 . Each party shall hold the other harmless with respect to
damages suffered in connection with the use of the path, its opera-
tion or ownership in accordance with its area of maintenance respon-
sibility.
9 . This agreement shall remain in effect for a minimum of
twenty-five (25) years or such additional time as the grant may
require.
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10. Any deficit caused by a decrease in grant reimbursement
or increase in construction costs shall be devided equally between
the parties .
In witness whereof the parties have signed this agreement
on the day and year first above written.
FOREST PRESERVE DISTRICT OF KANE COUNTY
By: .
Attest :
CI OF ELGI
By : )1
Attest : t/G�-��