HomeMy WebLinkAboutG48-13 1111 II im
:2015K045,37:3
'_;1241--1C''V 1.0 E G t1i- 1---1
RECORDER — f'.HNE COUNT?, IL
State of Illinois )
County of Kane) RECORUED: 8/2112015 11:09 AM
City of Elgin ) REC FEE: 63.00
PAGES: 20
Recording Information
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
ORDINANCE NO. G48-13
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH THE VILLAGE OF PINGREE GROVE REGARDING
MUNICIPAL RESPONSIBILITY FOR CERTAIN PORTIONS OF
HIGHLAND AVENUE AND REINKING ROAD AND FOR OTHER MATTERS
adopted by the Elgin City Council at its legally convened meeting held on November 6, 2015.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this August 21, 2015.
.�A OF. ELG 01<,, //(
' ' '!1 �I Kimberly Dewis, City Clerk
2,
1 ' b , ;;.
. ,_;,. . prepared by: Return to:
va . Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
),--5-)
0
Ordinance No. G48-13
AN ORDINANCE
AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WITH THE VILLAGE OF PINGREE GROVE REGARDING
MUNICIPAL RESPONSIBILITY FOR CERTAIN PORTIONS OF
HIGHLAND AVENUE AND REINKING ROAD AND FOR OTHER MATTERS
BE IT ORDAINED 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 Agreement with the Village of Pingree Grove on
behalf of the City of Elgin regarding municipal responsibility for certain portions of Highland
Avenue and Reinking Road and for other matters, a copy of which is attached hereto and made a
part hereof by reference.
,,Ae#A, _......_■ 11'
David J. Kapt.-' , M./or
Presented: November 6, 2013
Passed: November 6, 2013
Vote: Yeas: 9 Nays: 0 0F'
Recorded: November 6, :'2013 ..0 E<C
Published: : November 8, 2013 4" /y �`.. .
Attest. 1
.Oj,j� nti��� ,
tii/(A'(--hr-e/C(-- 21(2-4(-/
imberly Dewis, Ci Clerk
O\,� O F Ft C'y
5 ° : c City of Elgin Memorandum
Date: December 19, 2013
To: Kimberly Dewis, City Clerk
From: William A. Cogley, Corporation Counsel/Chief Development Officer
Subject: Intergovernmental Agreement Between the City of Elgin and the Village of
Pingree Grove With Respect to Jurisdiction Over Portions of Highland Avenue
and Reinking Road
Attached for the city clerk's files is an original fully executed copy of the above-referenced
agreement dated November 6, 2013.
WVv
WAC
bf
Attachment
Draft 9-18-13
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made and
entered into this 6th day of November , 2013, by and between the City of Elgin, an
Illinois municipal corporation (hereinafter referred to as the "City") and the Village of Pingree
Grove, an Illinois corporation (hereinafter referred to as the "Village").
WITNESSETH:
WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970,
authorizes units of local government, including municipalities, to enter into contracts to exercise,
combine or transfer powers or functions not prohibited to them by law or ordinance; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes
units of local government of Illinois to exercise jointly with any other public agency within the
State, including other units of local government, any power, privilege, or authority which may be
exercised by a unit of local government individually and to enter into contracts for the
performance of governmental services, activities and undertakings; and
WHEREAS, the City is a home rule unit which may exercise any power, perform any
function relating to its government and affairs; and
WHEREAS, the City and the Village each have previously annexed certain territories
resulting in common municipal boundaries along certain portions of Highland Avenue and
Reinking Road; and
WHEREAS, the City and the Village wish to enter into an intergovernmental agreement
providing for the designation of municipal responsibility for certain portions of Highland Avenue
and Reinking Road pursuant to the terms and conditions as set forth in this agreement; and
WHEREAS, the City and Village have both exercised jurisdiction over portions of
Highland Avenue and Reinking Road and acknowledge that efficient governance of the area in
question requires clarification of the rights and responsibilities of both municipalities; and
WHEREAS, the designation of certain responsibilities with respect to Highland Avenue
and Reinking Road as set forth in this agreement will benefit both the City and the Village; and
WHEREAS, the various undertakings by the City in this Agreement relate to the
government and affairs of the City.
NOW, THEREFORE, for and consideration of the mutual promises and undertakings set
forth herein, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. The City and the Village agree that the portion of Highland Avenue from the
intersection thereof with the west line of Damisch Road to the intersection thereof with the east
line of Reinking Road shall for all municipal purposes be under the jurisdiction of the City, as
shown in the attached Exhibit A. (Such portion of Highland Avenue is hereinafter referred to as
the "Subject Portion of Highland Avenue"). Irrespective of what portions of roadways have been
under the control of which municipality in the past, the City and the Village agree to take all
action necessary from time-to-time to confirm jurisdiction and control over the subject roadways
in compliance with this Agreement. Such municipal purposes and jurisdiction shall be deemed
to include, but not be limited to, law enforcement, traffic enforcement, being the permitting
authority for all design, construction, access and utilities and being responsible for the
maintenance of the Subject Portion of Highland Avenue. Notwithstanding the foregoing, or
anything to the contrary in this Agreement, it is agreed and understood that the City shall not
vacate and/or re-align any portion of the Subject Portion of Highland Avenue without the
advance written approval of the corporate authorities of the Village of Pingree Grove. The City
shall not delay, nor restrict, issuance of any permits for any applications which comply with
applicable ordinances, or annexation agreements entered into by the Village, for the installation
of utility services within Subject Portion of Highland Avenue. The City further agrees that it
shall grant to the Village and to DRH Cambridge Homes, Inc., and its respective affiliates,
successors and assigns (hereinafter collectively referred to as "Cambridge"), all access permits
and permissions necessary to allow construction in accordance with the currently approved plans
for development for properties abutting Highland Avenue, as shown on the attached Exhibit A.
Such two (2) access points shall be full access points allowing all vehicular movements to and
from the access points. Those access points are hereby approved, and the City agrees to take all
action necessary to confirm such approvals, including but not limited to, signing any plats,
without further obligation from the Village or Cambridge. Pingree Creek, L.L.C., and its
respective affiliates, successors and assigns (hereinafter collectively referred to as "Shodeen")
shall be responsible for the improvement of the Subject Portion of Highland Avenue from its
current configuration to that contemplated by the plans prepared by Manhard Engineering, dated
last revised June 23, 2010 with such further revisions thereto as approved by the City. At such
time Highland Avenue is reopened by the City, the City shall immediately permit those access
points to be utilized. It is agreed and understood that such improvement of the Subject Portion of
Highland Avenue shall be undertaken by Shodeen in conjunction with and at such time in the
future as Shodeen develops its property adjacent to the Subject Portion of Highland Avenue.
Within ninety (90) days of the entry into this Agreement, the City agrees to reopen the Subject
Portion of Highland Avenue for traffic by removing the existing barricades and by regrading and
regraveling the roadway if necessary as determined by the City. It is understood that the Subject
Portion of Highland Avenue shall remain in its current condition, except for periodic regrading,
regraveling and dust control as determined by the City, until such time in the future Shodeen
improves the Subject Portion of Highland Avenue in conjunction with the development of its
adjacent properties. It is agreed that the City will pursuant to ordinance prohibit parking on the
north side of the Subject Portion of Highland Avenue and that parking on the south side of the
Subject Portion of Highland Avenue shall be permitted except that the City will pursuant to
ordinance prohibit parking on the south side of the Subject Portion of Highland Avenue each day
from 2:00 a.m. until 6:00 a.m.
2. The City and the Village agree that the portion of Reinking Road from the
intersection thereof with the north line of Illinois Route 72 to the intersection thereof with the
east line of Damisch Road shall for all municipal purposes be under the jurisdiction of the
Village, as shown on the attached Exhibit B. (Such portion of Reinking Road is hereinafter
referred to as the "Subject Portion of Reinking Road"). Irrespective of what portions of
roadways have been under the control of which municipality in the past, the City and the Village
agree to take all action necessary from time-to-time to confirm jurisdiction and control over the
subject roadways in compliance with this Agreement. Such municipal purposes and jurisdiction
shall be deemed to include, but not be limited to, law enforcement, traffic enforcement, being the
permitting authority for all design, construction, access and utilities and being responsible for the
maintenance of the Subject Portion of Reinking Road. Notwithstanding the foregoing, or
anything to the contrary in this Agreement, it is agreed and understood that the Village shall not
vacate and/or re-align any portion of the Subject Portion of Reinking Road without the advance
written approval of the city council of the City of Elgin. The Village shall not delay, nor restrict,
issuance of any permits for any applications which comply with applicable ordinances, or
annexation agreements entered into by the City, for the installation of utility services within the
Subject Portion of Reinking Road. The Village further agrees that it shall grant to the City and
to Shodeen, all access permits and permissions necessary to allow construction in accordance
with the currently approved plans for development for properties abutting the Subject Portion of
Reinking Road and at the intersection of Damisch Road and Reinking Road, as shown on the
final plat of subdivision for the Residences at Pingree Creek prepared by Donahue and Thornhill,
Inc., dated September 9, 2013, attached hereto as Exhibit C, and the map entitled the "Pingree
Creek Zoning Map", dated last revised March 14, 2012, attached hereto as Exhibit D, including,
but not limited to, the installation of a public sidewalk within the Reinking Road right-of-way
and permitting the use of the Reinking Road right-of-way in connection with construction
activities on the adjacent properties abutting the Reinking Road right-of-way. Such three (3)
access points shall be full access points allowing all vehicular movements to and from the access
points. Those access points are hereby approved and the Village agrees to take all action
necessary to confirm such approvals, including but not limited to, signing any plats, without
further obligation from the City or Shodeen. It is agreed that Village may pursuant to ordinance
prohibit on street parking on the Subject Portion of Reinking Road. The parties acknowledge
and agree that the Village has recently completed the improvement of the Subject Portion of
Reinking Road.
3. The City and the Village further agree that the Village and Cambridge shall be
responsible for and shall provide the landscaping on the lift station outlot on Highland Avenue in
the adjacent Cambridge Lakes development to be installed and maintained as set forth in the
landscaping plan prepared by Pugsley & Lahaie, Ltd, dated 11/16/2007, attached hereto as
Exhibit E. Such landscaping shall be completed and installed on the lift station outlot on
Highland Avenue no later than the first to occur of Cambridge completing its development of its
property abutting Highland Avenue or the completion of the improvement of the Subject Portion
of Highland Avenue by Shodeen.
4. The City and Village also agree that Shodeen shall be responsible for installation
of all trees, plantings and screening required by virtue of the 2004 intergovernmental boundary
line agreement between the City and the Village, on Reinking Road, Route 20, Highland
Avenue, and Damisch Road, where indicated by said agreement. At the time of Shodeen's initial
development of its property along Reinking Road Shodeen shall pay to the Village the sum of
$4,000 to be utilized by the Village for additional improvements or landscaping in the right-of-
way of the Subject Portion of Reinking Road.
5. The City agrees that the various permit approvals and other approvals to be
provided by the City to the Village and/or Cambridge pursuant to this Agreement shall be
provided by the City at no cost to the Village and/or Cambridge. The Village hereby agrees that
the various permit approvals and other approvals to be provided by the Village to the City and/or
Shodeen pursuant to this Agreement shall be provided by the Village to the City and/or Shodeen
at no cost. All such approvals shall be provided within thirty (30) days of application and will in
no event be unreasonably withheld or delayed.
6. The Village hereby agrees that upon request from the City to grant to the City at
no cost easement(s) for public utilities of the City in, through, under and upon the right of way of
the Subject Portion of Reinking Road. The City hereby agrees that upon request from the
Village to grant to the Village no cost easement(s) for public utilities in, through, under and upon
the right of way of the Subject Portion of Highland Avenue. The City and the Village agree to
coordinate their public utility installations and to provide accurate maps of said utility
installations to the other from time to time, as said installations are completed, updated or
amended. Such easements shall also be for the benefit of any developers or contractors that are
required to perform the installation, maintenance and repair of such public utilities. In the event
that, while in the process of installing, maintaining or repairing any public or private utility, any
of the parties to this agreement including the City, the Village, Cambridge or Shodeen requires
access to a roadway maintained by the City or the Village, the following protocols shall be
utilized:
a) Unless said need for access is due to an emergency, the party requiring access
shall provide not less than seventy two (72) hours notice to the party with
jurisdiction over the roadway in question. If said need for access is due to an
emergency (e.g. a broken water main), notice shall be provided as soon as is
practicable under the circumstances.
b) The party requiring access shall be responsible for all traffic protection,
emergency markings or other related devices necessary, and shall indemnify
and hold harmless the other parties from any claims for damages arising in
any way out of the party requiring access' activities.
c) The party requiring access shall not, without the advance consent of the party
having jurisdiction over the portion of the roadway in question, completely
block or obstruct the roadway or any driveways thereupon, except in case of
emergency. For non-emergency situations, the party having jurisdiction shall
not unreasonably deny the ability to temporarily block or close the roadway,
as may be reasonably necessary to complete installation or repair of public
utilities.
d) Following completion of any public utility repair, the party having made the
repair shall be responsible for restoring the roadway to its condition prior to
the repair, including curbing, replacement asphalt, replacement of
trees/bushes/shrubs/grass in the right of way, and replacement or restoration
of all other materials damaged during the repair. In the case of asphalt
replacement, if weather conditions do not permit immediately replacement
with similar quality, hot bituminous asphalt, said area shall be temporarily
patched and the party completing the repair shall be responsible for
completing a permanent patch with like quality hot, bituminous asphalt when
weather conditions first permit, with said repair being completed in
compliance with the subdivision control ordinance or other requirements of
the municipality having jurisdiction over that portion of the roadway. In the
case of grass replacement, said grass shall be replaced with sod when weather
conditions first permit.
e) The party completing the repair shall be responsible for obtaining any and all
permits, permissions or consents relating to the repair at their sole expense.
Notwithstanding the foregoing, the Village and the City agree that neither
shall charge the other a fee or charge for accessing or completing the
installation or repair of a public utility within the right of way.
f) Should any party, while completing an installation or repair of a public utility
within the right of way, damage a utility of either the City or the Village, said
party shall be responsible for repair of the damaged utility at its sole expense,
after notification of the appropriate authority (City or Village), under the
supervision of said appropriate authority and in compliance with the
subdivision control ordinance or other requirements of the appropriate
authority.
7. It is agreed and understood that Shodeen's development of its adjacent property
along the Subject Portion of Reinking Road will include work within and along the right-of-way
of the Subject Portion of Reinking Road. The parkway improvements and plantings and the
sidewalks to be constructed by Shodeen in conjunction with its development wiII be within the
right-of-way of the Subject Portion of Reinking Road. Such parkway improvements and
plantings and the sidewalks to be constructed by Shodeen within the right-of-way of the Subject
Portion of Reinking Road shall be constructed pursuant to the City's specifications and plans
therefor approved by the City. The Village agrees to allow the construction of such parkway
improvements and plantings and sidewalks within the right-of-way of the Subject Portion of
Reinking Road and to accept same as public improvements following the completion thereof by
Shodeen. Shodeen shall restore areas within the right-of-way of the Subject Portion of Reinking
Road disturbed during construction activities by Shodeen. Shodeen shall also be responsible for
the cost of repair of any damage to any Village roads caused by construction traffic servicing any
portion of Shodeen's development. Shodeen shall also be responsible for relocating and paying
the costs of relocating any of the existing Village street lights within the right-of-way of the
Subject Portion of Reinking Road which Shodeen needs to relocate in conjunction with the
development of Shodeen's property. There will be no fees due or payable from Shodeen to the
Village for the work within the right-of-way of the Subject Portion of Reinking Road. In
addition to the other security the City requires to be posted by Shodeen to ensure the completion
of site development improvements, the City shall also require Shodeen to post a performance
bond, cash or letter of credit in an amount equal to 110% of the approved engineer's estimate of
the work to be performed by Shodeen within the right-of-way of the Subject Portion of Reinking
Road, including repair of any damage to any Village roads caused by construction traffic
servicing any portion of the Shodeen development. The City agrees not to release such
additional security for the work to be performed by Shodeen within the right-of-way of the
Subject Portion of Reinking Road until the Village accepts the work constructed by Shodeen
within the right-of-way of the Subject Portion of Reinking Road and any damage to Village
roads caused by construction traffic servicing any portion of the Shodeen development has been
repaired to the Village's reasonable satisfaction.
8. The City agrees to provide the Village reasonable advance notice of the proposed
improvement of Damisch Road by Shodeen or others so as to allow the Village an opportunity to
coordinate the improvement of that portion of Damisch Road adjacent to Reinking Road under
the jurisdiction of the Village.
9. It is agreed and understood that any approvals, maintenance obligations or other
undertakings of the City and the Village as set forth in this agreement are general services only
and that no special duties or obligations to third parties are intended nor shall be deemed or
construed to be created under this agreement. It is further agreed and understood that this
agreement is not intended nor shall be construed to alter, limit or constitute a waiver of any of
the civil immunities afforded the City or the Village and/or their employees pursuant to the Local
Governmental Tort Immunity Act at 745 ILCS 10/1-101 et seq., as amended, or as otherwise
provided by law, it being agreed that all of the civil immunities as set forth in such Act, as
amended, or as otherwise provided by law shall fully apply to any claims asserted or which
might be asserted against the City and/or the Village and/or their employees as a result of this
agreement or otherwise.
10. The City and the Village agree to consult with one another regarding general
planning issues affecting properties along their common boundaries including on such matters as
the potential Route 20 realignment, a potential Metra station in the area and providing copies of
annexation agreements or amendments to annexation agreements to the other party for properties
located along the common boundaries of the parties. This section is intended to provide for
consultation only and is not intended and shall not be construed as assigning or relinquishing any
rights held by either party pursuant to law.
11. It is agreed that in addition to City police officers that Village police officers shall
have the joint authority to enforce traffic laws and parking regulations adopted by the City for
and within the Subject Portion of Highland Avenue.
12. The City and the Village agree to within ninety (90) days of the entry into this
Agreement enter into an additional Intergovernmental Agreement to allow the Village to connect
to the City's water supply for the purpose of obtaining water service for the Village on an
emergency basis when the Village water supply is not available. The form of such agreement
shall in general be similar to the form as provided in other water service agreements entered into
by the City and shall include among other terms the following:
a) The general location of the Village emergency connection to the City's
water supply shall be as specified in the agreement and shall be in the
vicinity of the City's existing water main near the intersection of Damisch
Road and Highland Avenue.
b) The Village emergency connection to the City's water supply shall be
performed in conformance with all applicable City ordinance requirements
and other applicable requirements of law as determined by the City and
shall be at the sole cost and expense of the Village without any cost or
expense to the City.
c) Prior to the connection by the Village to the City's water supply the
Village shall submit plans and specifications regarding such proposed
connection to the City's water director for approval. The connection by
the Village to the City's water supply shall be as directed and approved by
the City's water director. In the event the Village elects to construct a
watermain along Highland Avenue for the emergency connection, the
construction of such watermain and connections shall be pursuant to plans
for the Highland Avenue improvements approved by the City. The
Village connection to the City's water supply shall be metered and any
water service provided to the Village by the City shall be subject to all
applicable City ordinances and regulations including, but not limited to,
Title 14 of the Elgin Municipal Code, 1976, as amended. Water rates and
fees for all water furnished by the City to the Village shall be at the rates
and fees in such amounts for properties located within corporate limits of
the City notwithstanding that the Village is not located within the
corporate limits of the City. Such water rates and fees shall be in the
amounts as established from time to time by the City. The Village shall
pay all charges and associated fees when due for water service which may
be provided by the City pursuant to such agreement.
d) The City's water supply shall be available to the Village on an emergency
basis only. Emergency basis shall be defined to mean at such times due to
the failure of the Village's water supply system that water is unavailable to
properties in the Village. The Village shall be required to take appropriate
steps to reestablish the Village water supply as soon as practicable in order
to discontinue the emergency use of the City's water supply.
e) The City shall not be liable for damages, breach of contract or otherwise,
for failure, suspension, diminution or other variation of water service
occasion by any cause beyond the control of the City including, but not
limited to, acts of God or the public enemy, acts of the state or federal
government in either its sovereign or contractual capacity; fires, floods,
epidemics, quarantine restrictions, strikes, or failure or breakdown of
transmission or other facilities.
f) The agreement will address maximum flow of water that can be offered to
the Village and water quality issues with respect to the so-called Otter
Creek watermain including pressure testing, chlorination and regular
flushing to ensure water quality.
g) The agreement allowing connection to the City's water supply for water
service on an emergency basis shall have a twenty (20) year term.
13. Except as expressly provided herein, the provisions of this agreement shall not be
alienable or assignable.
14. No alteration of variation of this agreement shall be valid unless made in writing
and signed by the City and the Village.
15. No waiver by the City or the Village or any breach or series of breaches of this
agreement shall constitute a waiver of any subsequent breach or waiver of the terms of this
agreement by the City or the Village.
16. Any notice hereunder shall be in writing and shall be delivered by personal
service or by United States certified or registered mail, with postage prepaid, addressed to
If to the City: City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Attention: City Manager
With a copy to: William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
If to the Village: Village of Pingree Grove
14 N 042 Reinking Road
Pingree Grove, IL
With a copy to: Dean M. Frieders
Frieders Law, LLC
P.O. Box 1009
St. Charles, IL 60174
Either party, by a similar written notice, may change the address to which notices shall be
sent.
17. This Agreement shall be construed so as to create a joint venture, partnership,
employment or other agency relationship between the parties hereto.
18. This agreement shall be deemed and construed to be a joint and collective work
product of the City and the Village, and as such, this agreement shall not be construed against
any party as the otherwise purported drafter of same, by any court of competent jurisdiction in
order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms and
provisions contained herein.
19. This agreement shall be subject to and governed by the laws of the State of
Illinois. 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 for the Sixteenth Judicial
Circuit, Kane County, Illinois.
20. All references in this agreement to the singular shall include the plural, or
applicable, and all references to the masculine shall include the feminine and vice-versa.
21. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
22. This Agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This Agreement and the obligations hereunder may not be
assigned without the express written consent of each of the parties hereto.
23. The City and Village agree that, in the event of a default by either party the other
party shall, prior to taking any such action as may be available to it, provide written notice to the
defaulting party stating that they are giving the defaulting party thirty (30) days within which to
cure such default. If the default shall not be cured within the thirty (30) days prior to aforesaid,
the party giving such notice shall be permitted to avail itself of remedies to which it may be
entitled under this Agreement;
24. In the event that either party fails or refuses to carry out its obligations under this
Agreement the other party shall be free to pursue any available legal remedies at law or in equity.
Such remedies may include, but are not limited to, specific performance.
25. Time is of the essence of this Agreement.
26. The effective date of this agreement shall be the date on which this Agreement is
approved by the respective legislative bodies of the City and the Village.
27. That in the event of any conflict between the terms of this Agreement, and the
terms of the Intergovernmental Agreement between the Village and the City dated March 31,
2004, and recorded with the Kane County Recorder on April 12, 2004, as document number
2004K044663, the terms of this Agreement shall supersede and control.
IN WITNESS WHEREOF, the parties have set their hands and seals as of the day and
year first written above and the signatories hereto represent they are duly authorized to execute
the Agreement on behalf of their respective bodies.
CITY OF ELGIN, an Illinois VILLAGE OF PINGREE GROVE
munici4AA al ca •oration
By: L�� By: ✓�'
Mayor v / President
Atte t: Atte
City Cler• Village CI r ■••'"
F:\Legal Dept\Agreementllntergovemmental Agreement-Pingree Grove&CE-Highland-Reinking-clean-9-18-13.docx
EXHIBIT LIST
Exhibit A: Map depicting Subject Portion of Highland Avenue and Cambridge access points
on Subject Portion of Highland Avenue
Exhibit B: Map depicting Subject Portion of Reinking Road
Exhibit C: Final plat of subdivision for the Residences at Pingree Creek prepared by
Donahue and Thornhill, Inc., dated September 9, 2013
Exhibit D: Map entitled "Pingree Creek Zoning Map", dated last revised March 14, 2012
Exhibit E: Landscaping plan depicting landscaping on lift station outlot on Highland Avenue
adjacent to Cambridge Lakes development
. • ,,w,„,11.01,1 if -.. g..-■%Emit
aiwAr .. a Apiv margr --mg g -0
it
Ikai? law* * ...
.0. ,
---,,.....,....,... ,_„,esterglvd ..c: '�
11011 1 1111_" C o
?P.! 11111111 .3
an
....
f ,���rr� #4. . 11111111
g a.
ItPir-'2. a It' -14a.' • 1101011`"-
,• ,,,,, ,,,,,,,, c.....,.... .,,,, ......„ ..-0. -
, ..wee*.- -• .- -.-.4■Wifier' -
...� -
-es
.1&,-i4 _ .. .. . ..... w...::,.....,,,.,,,
,rue
1 bt 1 .Ii rtsd i 1'L a 1
F oILee=RI \ e-..,.
wR a "' G:3
,a'w ∎
•
.:,‘- 1°.'“,:'
..,...,C: -:;-.1.5k4--_,, 1 r:. a1. 2 s' f'.
/1111111111 111 . ,� Ki:4 ti 1. %�_.:: :_ vvx‹.
a an• n lir _
1111111111111111IW ,,,_b
W/11111111111111\4a1A.___ • ��
'��4t . AIIIIII ■ .,•
411
v ■■
■
ii.ovi,
ilk
asii_,
• •
Base Map Data Kane County GIS
Exhibit A'
Date. 09/13/10
Highland Avenue Jurisdictional Area 1":500'
i
� --
.�
City of ElginNillage of Pingree Grove Intergovernmental Agreement 0 250 500�t
r." ,1 Ro(f c.cnmpbeu&Associates
10'eeeA• City of Elgin Highland Avenue Jurisdictional Area 1r taMa
1.464414
910 Woa0li.! Fart way
wmon was,trnols boos:
(847f 775-1000 Fir:(!a7)715.1010
1117-'11111111111"r0V1
vo% 1,44/4111111 us 4
lickii:■■• . 'mg, Inipkg a cm. ,. ..or A
40:::■4 1),I., 1 14* • 1111 till
01 11116 , apl:4 11.*- Lri WA
t,
z‘"7 47 4% -41.' ';a0 , 0011/.# Alle 4.111 .,
=;1,:,' 1.720 - ,:,,,;;,:,:.,,,, , • ar
i.fi.
.. ,
0),t� ., ►,, - a-Ai /?\,
0I 4111111 .• •,',�•# 1, i 1 114
4111,- 011111111%IS it oi aspr'.-I e II►p 4nItr a ; rc1Lii
�"`�
"1 d
A.le saVe Nov ihe% se
140: or,v.
¼i& ..
I
6:44
Pingree Grove Reinking Road I
Jurisdictional Area
=Po1it� Rl '�
'q41111 ,
\:,: i ............
IMOMMNIIIIIIIIIII
MONIMMINEllatt: Nidr
11114111111.1111
nn w lq�',�
-4111iiiminal110\ 4 ,41
\ I.; \
.04,�t &,
,,��. I litAl■
�t�tr _ nt\a.�■'��§111111111111
Base Map Data Kane County GIS
Exhibit B: Date. 09!13/10 N
Reinking Road Jurisdictional Area v.i.0oor
City of EI inNilla a of Pingree Grove Intergovernmental Agreement Feet 4
tY 9- 9 9 9 9 o soo i.000
ow r." ' (L.t.Gmpbell k Amocusle,
b:.:.x Village of Pingree Grove Reinking Road Jurisdictional Area a1y�.ng(�rourtana
It?, 910 w000wroa enrar
1♦•�•�• ve rnon HAL Moon on 60661
:i...._1.4:2176 f 0 N. (e47)775 laic
wwwrco�com
N
•
r..•.,rr..r.w•
Al
Residences of Pingree Creek
-A.24== _�_ E/gin Kane Coan/y iiinnis.......___.
1......E..........„.....=..==,............_
..
...................=......_........
1 point Of
:nom_3="��s'3 ..r^ �; s 11 1'1 1',i 1. j
.. ._;r... r�r(1 1 td \11 \ 1_ . .Arrryr�
......11........11 t �- ti.
1 rip .' /
7S i i..
■ M■ I l''
1
4
10 - ^-_ 33 3� ----_.._----- --- -- ■ ^-�
.----- - .- - 3.1 34
'', 1
II
�; y.
I
II I
1l I / «_,
v.
■
1 w
to , die St 0 '. Cr t'��•�r:�zan.,.�_=r�
i • r T '..I,
.. jam: " .. ••••.T•ww`�.•.`..«.�' '�""�..••� ••/���
+1 N. ter.•rr.rr..r.vr r
■
r e�a ,.. f/ ��r.•..�.«�.Y:�..`. «•«' 'L� .�.•
■ e �' .r...C..«.or,woo
tmod vs- I , r,• ':,:5 ."....Z.«".....'•••••k. .
r • r
,f I M..f • ♦�•�
Ir' +•Yom.•.••.��.•+i..M./••••••••••0..�..
as, ?, „}
�0 f
I / o%
•
Sorts,. p-teet•,Ir.r. ,,.M
ff.�� i "
...IDA.'•'="Joo gazetr: ,,,11,4 4 _ ,
rr POI r•• •••
Residences of Pingree Creek
Elgin Kane Counly Nlinois
o••rr1.a••c•.•t m c:.r.l:fi=r...r _,..
soar+ �v LAS Tom=
r r ra•I..••• ••■•••Ora.L.wwrrwras.•
tb•Y✓ar*l rw+••••••• .V••••r•••a•••asr r 0. ME ••••••••••••••••••
rrr.rw own.r l- IaN .r *No••••••rr✓•.:«•_ .rr—w..M•r P i•w..rw..iw�:*.w—C rN.r.rr«.wswl•• —AM.rN
.r�••r�r•r r••.•. r w a•rI.rw••rr WO r_ wr•wi•••w.rw.Wear.+'rrr.•r.1 •rr.0 r.IN•• NV.••••••••
En. W pow aim/Irawn ra t.6 awM.M1 A.n..•'N✓�taa N-.r.s..��.Y Ir••••••-am.•••••..wn war r
WOW••*NY r••••••• r tr•T•Y nrr•r• .r r rrr••••or•r
hrrW••so••w`q.r_�nom. a.r O.* rrrr.arl r r••r Mar.rlrr..r••••was••r rw..rI
•'�•••••••• ••••••••••••rail•awry•gas•••wows,•••••.+.,r
tir e.r.at .+."«. rrr�a..+rw.w• •rrwr�.rN•.rrr.�.s r+w..tw
M anrn rr.rr MI*rr••orrrl.r rr r•rrrrrrr..a ra r..1••r�.
rrr rr••.•✓*nee 00mo r•••rl.....•.....••r•.grr.
r asa••••+w r.rr Awn fa* tr•••••..+Mel r I•11101••••••
]•1t'1 CmTltli raw r'r.rwr•l••••••r/rr•rr w nr.✓I NV •r••r
tl0 C Ir ono* rove..►•r.r+wrr.4.a err••r.wrr••WIN r+err
.w✓r l r.«7arr•Iar•ar.r.—••••••••MO• r.N�lr.rr Brat,.r
r [ -•r...•.••rr rar✓lrMgl.w••r.• r.r•r.r•M w w�.trr/a s..rl N••.•esY r-rywgr.l.••mi.as r
d.•r ass t wy••• .r:r..as.•tr•...r wrrr.r.r.••a r•w..a.•wr•w«res
N Or 11 t.r O••+r•a 7 rt Mir.r.M 4l.r w..•r r••••M r r4.rY.r..r
/r•rasy««•••••rr__• rases _.fa.WO. i_ 'Mr sores+••••w r•r Nr•••••• r.w••••
•••••••••• r a•.r•r ••marl+r•a•••• wow Mr•w•be roisowrrrYson? t.wrr••••. •.•• e
•✓was rrr r r r N••••rr✓ar•••••tr•ut low 170,•r..••al.pii •rwr••r••.r•N✓••.Fa rasa+•Vrra•r.Y••
rrr�.rrrrrrr_ ▪ .t .•r.a.1 5,..-r�rr..N WN 4M� •sow •
'r 011 ..a It••IWrr.w•••.n••rr••wr•I*wr.r.rwr r••••r
N was• • ••rr•r..a WO.•r.a••I.rr*Ma rr.N•rr M••• •
rl+.r �e*••••••••••••
r .. res+V r••••••••••••••••• rr«••rrr.w•••••••••
•••••••••• es++ s_r
M.wrwrw.�rr
liQnT•••C-ire-U,' ✓rr•—am.r.•w•✓•r•r.••Y rrw a1+/•a M+••rarr
rr••••■ •••...w•• r or WOW t• w r r.rl.r•r.•r.r1
.M✓r I ralr Mlr�rNr f.rarrr••rw.••••'•'r1►•••rag•r 110.0 Om*
Ara •• 'T•MI4.M••∎•• Owl •••••••• •�•r.rrrlrrr.I.Y.N/Y.Ir.rN r••r••••r••r../✓✓....P
r� w rI� .0.I. I Nov lrr.NM.•r•N•.raarl r r'•I N was•••P.r••
▪ r rw.was••mews*•"•••"r..•r.rr.r r• .r..vr roes•••••
k r•• .w.�••rr••r«S;wrr oM N.B.'s***VW w••• •.r I N•.r rr
or.r.r°.rrr'rl Ns r.r... ::r.••••••woes..irwrr..MO*••*more••terra••••••MIAOW W r r rrr.•rt./w Ta•w•*•••*.•4 w!••••••no,Pm
btailiggiAkeliransemazauusai rr.•..or N—CS••ww•�.••• Ir•rI••Irr r....w.rq.rrw
+.rrr.••.•r lrr.+•sows.r.✓w•. . l8
r•• sow r r ow..•••r••.••••.•r••••••••w es.••.••r••r•
•rrr l •r••••++__w.!�w irr:w++.Irrwr.�••.w.~•.wwr vol S.r■.r•r•r r•r
..*r/NV
k.rr w Ona••••*H•••••.•R••••
WY uuc.T•fit
CU'C•Uw1 CC•rfC.% •
arm•••.•∎•••••MA.80 ...Oft NW
r.•rr l r•.,w
Si •• •••r w r.Y
+rrr.••> mow✓mow._. •• On•••h+••.r• ••.Y� il�•was or lorr mom*re.l••n.•.Ow**a w•M
�wr�•rr !r•rlr••.r•yw.
Msot•••• trlwr •••.•r.• ••• •••g.esI—was••.rso r r a.. rr►
WWI• avert
•M r.
r •r �•r ar ll•/ . r norms .r Nr ••r.•••
w
WWI r•a— r M•r.Ias lrr•MR of "W.•w r/•••M..
MI w.r.••o••irr••••rr•VW r.•.1. ••••
1rCC it[•••T T T 1K I.M Moo Or•••riY.•••••••••••••••••••so w..✓
rte•�•. ✓•••*fr./".•�..r..••rrrrq r..r w•.r.l•i_i
moor •.r.•r•Y•r r.Lwow.••• M••r✓r••r rr sorr•v.rr
r • o•aw..r r°Yrl.•••r••rr aw•..rrr.....r MON�•rr r M res. .i., .•w
' of Owe 1 M ,r ow n••••.r.r wow••w..WWW w. b+..r•.••w•••+r.•......••.rr«
OW.rrr••.•.rr r r.r war •.••.•.r•• wr•r rr.••
I...r...•rr.•w•sr r..r.rr rr.
hr r Rao r•m t••.r••_• • n,...
Bryan rte•r•rrr
_Ia••• P—teC.T!.mums+•
•�rr•e[y)'1T•rTYYT a�rrrw,I.lea 09.1 r'••room..r.Mme••∎ aaw w.
.r.rry•∎r.•.rr�k•••a�arr T•.r+rrr s r✓sow...I•mrrrr
••r...r.wrr.•rr✓rr.Nl. ••••• .+W r•••.�r•—Z..�....+.'•.•••E...v. ..rr.w'
.Ir.r.r l •••••.•rrro•....wNMrr..r•w.rrrlrrl.r.•r rr*r••r•gr•wwr •.w.•••.wrr•••+•.rw
OW/a •rrr....r..•..r...r rr.,ir.���..r ••`•'.....r....,....�.a r
•w r..as•aIr r.r r•.r••wrr r r
.011.•oaf wb.r.w••.r•r•••rw.rrl.•I'ry0.∎•••w�i r4 w•rrr rwM
ry✓rT.Ma wpm. •.••.Orw.•••r.wow..✓•Y Y/•Yr•
•rr1••asr/•••■aeons.op.an IU.a.•r.•••g.r•I•r r r Moe.rw.•r
•••r • •_IN a.••**...rrrrrr..w-
r ..r••r lbw,.•••••••l rr.rr.lr•••r error
.r rrr WI r W WI* ••••••Oa*r•Iw•gas r T•
•••.wow••w w r•••rrr•r..a•••�r
♦r.r as.rr I•w• •••u r..a/r..•Ir warM...•••.ra•.rT wl
waWr W P551_SOV1 Mr'••.�• • �/rw• e*•••Y••.r Torre•.•a
n••••••••r•~•.• Wow
r.rr r••T.wr.r✓w••
r•r Now l —.ales•wrr now sno r.••trr.r r•rr..••••••r
IOW WI r.rr.r•4r Iwo •..•....wl ai✓b 1.•ra•. •�'• •r.••..r r••ar•arr••w•••••••• .
• r
W✓4 l O..Ys.a•••.r....r..was••• W1 l•••••• • aas••.•ra•••rl..r.•nr..r•r..w.r�•q •..r
••••••••wow,•a••+mar�v.Ne•r•rr.
•/gas•.__++_sort
M nr
RM.
i T1w11Tr1 MT•.TIO•L 1lar.T
eu•YV a T•C1; _ _-
5_al? rr
soar++ l ll.•.rrw w.wrr..•./rar..••.•∎0 •••r•W rf►. �r
w• J�o rrr'irw�.+•.+�w".rw•Nw r.... •Y✓
asrl Nr a•••.••.r�vrwow r•w• i r• .. ilea• • 4.00.4.•••••••••••••••••••• r•nosrr+
r.•••r a..✓.+•sow WwWY8••••••+rrr MI/OWE r••w•.••r•.
=Mr r�n_„
• ryas rr•••rI•roar w.Si rr. T••r r•.r•r
Wows•r..•.•.rw r••••••••••r• •r•••IgoM
fa•!{•• C wow.Wm...••alr awes•ate mews•wrr..•IMil
wow..✓r•••••r.•rr.
• •••••••••6•1•••rrr l r l.r.•.r•r••.•.••.r...arm or
ur C•wTY brcne—Cl rf T•C•TI Mr rl r r
...80 am•••••r•rwr•••fir•.#r oar• r•••••■•
.Y•rr•• l rr w••••••
MI ••M.** _ My Ow...•.r•••••1
ft..*NM l •rr rrr r✓w ra••r , *V
_.•Yr••rr•OM am.Al
5.ww.a.M�Mr asT.a.•••NM•—.•••.•••WWI*
a•.•l.rr
•••/.lr
• 4.
41,
I411 �'' i •y. A •,•I � 1 j
I. I� fff1�1'sail ' k,,, . /
,1 ►♦• .�0 ry s IuIU�� sir;, • nu o j` tull : 000
-%V olitth: r. wormi•ok:NA4•1,, 't---_,,....- ...------,,---,4r„ • F;si V / 7
t► ��t� 'fI♦�� �I
IIi140*.� �� ��ne;it: J
jai S�V•
rt. „,;,,;,.> e►44 1
V
' 1
I
t
ti
4 ..
-w., •A Ii. I. . , -
,, , , ,
......,,,,_,_
., \ ....,, \.,....
. _..... .,,-- .
, .
. , . ,... ,,,, ,
. ,.... ,,,,.. , \ ..,,
, .
...
M Ul11 FAMILY
*Al AO
1111 UNITS/AOI
la ki,',1
Vsve WI
T
1 , 1
, ■
ZONING LEGEND
1 .
I,. 1, DISTRICT
' PSFRS 110'X100'LOT
011161911; STANDARD
STAf'NROARD Ar-- 40'X1 00'LOT
7?*1 . ‘,..
_ _tier • NARROW W LOT !5D'X 100'LOT
7 60X96'LOT
�r ®; .� NARROW LOT
NARROW LOT
/`� PSFR2 ow 40'X100'LOT
�® I�IIQ{ / '' PSFR2 ”- 30'X 100.LOT
PINGREE CREEK ZONING MAP NARROW LOT
PMFR ow MULTI-FAMILY
DATA TABLE
PNS Ss COMMERCIAL
SOUTH PARCEL: 1.260 UNITS NORTH PARCEL 1,274 UNITS PCP I= H SCHOOL
50X100'STANDARD 1.67 UNITS BO'X I OO'STANDARD 51 UNITS PCF MO PARK
507(100'ALLEY 39 UNITS 60'X 100'STANDARD 236 UNITS per w SREENSPACE
40X1 OO'ALLEY 544 UNITS 60'X 1 OO'ALLEY 37 UNITS PCF WETLAND
30X100'ALLEY 3B$UNITS SO'X 1 OO'ALLEY 140 UNITS POOL P AND
CREEK
DL AND
MULT•FAMILY=6.BAC I I S UNITS/AC) 50'X95'ALLEY 53 UNITS PCF w CREATION
122 UNITS 40'X100'ALLEY 295 UNITS CENTER
TOTAL UNITS:2,593 UNITS 30'X100'ALLEY 104 UNITS
RE
MULTIFAMILY=19.7AC 118 UNITS/AC)
BANKED LOTS: 196 UNITS 354 UNITS
TOTAL LOTS: 2.729 UNITS ,,., I
L
Pjnree Creek RE-MOM
sr-Nrca7,49 .......
/
ird‘41
LIFT STATION PLANT LIST i CODE Q TY SI2E .BOTANIC NAME COMMON NAME I Shads 7nsa [AS 1 2.5' Aka sxcharum SugarMaple v-I
Onfam.npi Tree. K
MP6 1 6 Malus'Pn ntre Prarfre Crabapple .. 1
MPS 1 8' Malut Prard6e' Praia*a Crabapple C.aduoue8lxubs CSI 7 36. Comus sencea%anti harrti Rsdtwg Dogwood S/ VO 6 36" Vitxatwm dwrtalum'Autumn Jazz' Autumn Jazz Viburnum
Evergreen Shrubs
PAS 1 8' Picee abiss Noway Spruce a PA10 1 10' Picea abist Norway Spruce
/� PPBB 3 8' Picea pungens Colorado Blue Colorado Blue Spruce/ PPB70 2 10' Picea pungens Colorado Blue' Colorado Blue Spruce Ornamental Grasses
Will
w'. PVN3 30 3 Gal. Panicum w galum Noah Wine None Wnd Switch Grass
. ,� y, 6 C.Y. Shredded Hardwood Mulch
:(;.:; k_'R_4,'F.v"f_41`# ,K's-'41►� 9-PVN3
N
I 6-VD NOTES
1.All planting beds and tree rings to receive shredded hardwood mulch at a depth of
r 3'. .......4 pq
i 1 2.Any existing turf area disturbed by construction shall be restored with Kentucky
Bluegrass blend seed ii blankeVSo o. 1J
.ow `� 3.Contractors are responsible for completing their own take-offs.Quantities given in ( f,
P t the plant lists are approximations.If a discrepancy should be found between the plan 11132111 .G
and the plant Bat,then the plan shall prevail. �$
141 Oh `' 1 4.Plant substitutions will be permitted due to lack of availability or time of planting. w K+
V `` Substitutions should be approved by the Landscape Architect prior to installation.
7 CSI ,s, Y . 13-PVN3 5.For grayscaled plant material see Final Landscape Plans-Neighborhood 17,
.0 prepared by Pugsley 8 LaHaie,Ltd.
2
e
'� �� MP8 P Per Cambric (06/15/09): The following longer z
,�'�!. Cambridge( ): g plants era no r to be installed in Dl. I
A10_� any Cambridge Community: Ash var.-Fraxinus vac,Common Hackberry-Cetus (_]
`` ����� F 1t B-PVN3 x 3 '' occidente(is,Ginkgo-Ginkgo 6ilobe.Kentucky Colfeefree-Gymnocladus dbica, a
, MP6 •ut..0 y es `-A• miei . White Pine-Pinus straws,PotenGlla-Potent/ta,8 Alpine Currant-Ribes a
.��................. .ii � substitution K these plants are already present and require replacement a suitable
substitution shall be installed. a
■■11�11■■■�■ A S
• a' o$
CO =w
A . • d�w 0i60 g- it
SCALE:1-=20'-0' «
I 1 .1 ]
4