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HomeMy WebLinkAboutT19-01 w FILED FOR RECORD KANE CO t i Y ILL. 2001K 1 1 197 4 r01 OCT 2.5 PH 3: 45 State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum,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. T19-01 AN ORDINANCE ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS TO BENEFITTED PROPERTIES (Holmes Road) passed by the Elgin City Council at its legally convened meeting held on August 22, 2001. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the 7-0 of Elgin at the said City in the County and State aforesaid this September 17, 2001. A i .,:vim_. Ati I City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Corporation Counsel Elgin City Clerk !, City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 �C-5 2001K111974 Ordinance No. T19-01 AN ORDINANCE ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS TO BENEFITTED PROPERTIES (Holmes Road) WHEREAS, Randall Road Office Building, L.L.C. and the City of Elgin have cooperatively constructed certain roadway improvements for Holmes Road, running westerly from Randall Road a distance of 507 . 98 feet, more or less, and it is fair and equitable to require benefitted properties to pay their fair share of the cost of such construction; and WHEREAS, the construction of such roadway improvements makes access to and from adjoining properties and adjacent public roadways available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Randall Road Office Building, L.L.C. for a portion of the value of such construction costs which benefits such properties; and WHEREAS, the April 20, 1997 annexation agreement for the Randall Road Office Building, LLC property include a provision, Paragraph 13 , Subsection C, copy attached as Exhibit B, to fairly distribute the cost of construction as follows; 1/3 by City, 1/3 by owner of subject property and 1/3 by titleholder of the parcel of real estate lying south of the Holmes Road right-of-way; and WHEREAS, the cost of constructing Holmes Road amounts to $283, 372 . 13 of which Randall Road Office Building, L.L.C. completed improvements totaling $250, 690 and the City completed improvements totaling $32, 682 . 13 resulting in a 1/3 share of $94 , 457 . 38 per entity; and Whereas, Randall Road Office Building, L.L.C. was responsible for all initial costs of constructing Holmes Road; and then due recapture, the City' s contribution to the improvements shall be credited against the City' s share due to Randall Road Office Building, LLC resulting in the amount of $61, 775 . 25; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, ownership and maintenance of public roadways is a function pertaining to the government and affairs of the City of Elgin; 2001K 1 19 7 it �.�- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That no territory described and identified herein shall be permitted to annex to the City of Elgin or obtain approval for any construction thereon, as the case may be, until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of the cost of said improvement construction as follows : Parcel 1 Parcel Index Number - 03-31-400-035 Owner/Legal Description - C & L Farms, Inc . 1750 Grandstand Place Elgin, Illinois 60123 That part of the South East 1/4 of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : commencing at the North East corner of said South East 1/4 ; thence South along the East line of said quarter section 1300 . 7 feet for the point of beginning; thence South along the East line of said quarter section 150 feet; thence westerly along a line that forms an angle of 87 degrees, 10 minutes, 0 seconds to the right with the prolongation of the last described course, 240 . 2 feet; thence Northerly along a line that forms an angle of 91 degrees, 55 minutes, 0 seconds to the right with the prolongation of the last described course 150 feet; thence Easterly along a line that forms and an angle of 88 degrees 08 minutes, 0 seconds to the right with the prolongation of the last described course 242 . 7 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois, except that part conveyed by Warranty Deed dated March 29, 1995, to the County of Kane for roadway purposes. Lineal Footage - 182 . 7 linear feet Recapture Amount - $33, 404 . 86 Parcel 2 Parcel Index Number - 03-31-400-036 Owner/Legal Description - C & L Farms, Inc. 1750 Grandstand Place Elgin, Illinois 60123 Part of the Southwest Quarter of Section 31 , Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Northeast Corner of the said Southeast 2001KII1974 Quarter of Section 31; thence North 88 degrees 47 minutes 45 seconds West, along the North line of said Southeast Quarter, a distance of 558 .23 feet to an existing iron stake; thence South 02 degrees 06 minutes 07 seconds West, a distance of 935 . 30 feet to a North line of Document No. 1261098, as monumented; thence North 88 degrees 30 minutes 53 seconds West, along said monumented line, a distance of 8 . 18 feet of an existing iron stake; thence South 02 degrees 03 minutes 59 seconds West, along a West line of said Document No. 1261098, as monumented, a distance of 385 . 82 feet to the South line of said Document No. 1261098, as monumented, for the point of beginning; thence North 88 degrees 53 minutes 04 seconds East, along said South line, a distance of 333 . 65 feet to a point on said line that is 242 . 60 feet (record being 242 . 70 feet) westerly of the East line of the aforesaid Southeast Quarter of Section 31; thence South 00 degrees 46 minutes 39 seconds West, a distance of 150 . 00 feet; thence North 88 degrees 51 minutes 39 seconds East, a distance of 240 .20 feet to a point on the East line, of the Southeast Quarter of said Section 31 that is 1447 . 65 feet, as measured along said East line, South of the aforesaid Northeast Corner of the Southeast Quarter; thence South 01 degree 41 minutes 39 seconds West, along said East line, a distance of 70 . 09 feet; thence South 88 degrees 51 minutes 39 seconds West, a distance of 577 . 69 feet to a line that bears South 02 degrees 03 minutes 59 seconds West from the point of beginning; thence North 02 degrees 03 minutes 59 seconds East, along said line, a distance of 220 . 40 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois, except that part conveyed by Warranty Deed dated March 29, 1995, to the County of Kane for roadway purposes . Lineal Footage - 333 . 92 linear feet Recapture Amount - $61, 053 . 93 Section 2 . That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3 . That any person desiring to so annex or obtain construction approval may pay the amount allocated without interest if payment is made prior to October 31, 2001 . If full payment is not made prior to October 31, 2001, then payment shall be made in full plus interest at the rate of eight (8%) percent per annum accruing from November 1, 2001 , until the date of payment . Section 4 . That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Randall Road Office 2001 S. 1 1 19 7 Building, L.L.C. or its successors or assigns, as reimbursement for the cost of the improvements as set forth above. Section 5 . That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois. Section 6 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Ed Schock Ed Schock, Mayor Presented: August 22, 2001 Passed: August 22, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: August 23, 2001 Published: Attest : s/ Dolonna Meculm Dolonna Mecum, City Clerk 20000 1 1 9 7 4 ��' A.4 40 ` City of Elgin Agenda Item No. rn � 1TED��� E ` it! L 4101 August 3, 2001 G viii , 4 I VI r N . u l �„ fill TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. AND QUALITY INFRASTRUCTURE FROM: Joyce A. Parker, City Manager SUBJECT: Proposed Roadway Recapture Ordinance and Reimbursement for Holmes Road and the Holmes/Randall Intersection PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the adoption of a recapture ordinance and approval of reimbursements for the construction of Holmes Road between Randall Road and Capital Street and the Holmes/Randall Intersection. BACKGROUND The developer of the new office complex located at the corner of Randall Road and Holmes Road, Doctor Zahid of Randall Road Office Building, L.L.C. , constructed the intersection of Randall Road and Holmes Road and Holmes Road from Randall Road to Capital Street . With some exceptions, the Doctor completed these improvements at his cost and is now requesting the City consider reimbursement of their share and the adoption of recapture ordinance to recoup costs from future developer (s) . In accordance with the April 30, 1997 Arsoniadis annexation agreement, the Doctor constructed Holmes Road lying within the subject property (that was annexed) in 1998 . The annexation agreement is silent relative to the intersection improvements. However, because Capital Street did not exist at the time, Holmes Road would not have been accessible without the intersection. According to the annexation agreement, the City would be responsible for one third and each abutting property owner would be responsible for one third of the construction cost of construction the subject street . Attached is an ordinance providing for the City' s share and the recapture shares for Holmes Road between Randall Road and Capital Street . rHolmes Road Reimbursement August 3 , 2001 Page 2 The cost to improve Holmes Road totaled $283 , 372 . 13 . It has been reviewed by the Engineering Division and found to be a fair cost . Of this total cost, the City completed $32 , 682 . 13 worth of improvements which include the final surface and street lighting. A one third share of the total cost is $94 , 457 . 38 . Because the City completed a share of the improvements, its portion is reduced to $61, 775 . 25 . In February of 1999 staff approached City Council with an engineering services agreement amendment relative to the Holmes/Randall intersection. The memorandum to City Council is attached as Exhibit B. This memorandum explained the regional importance of the intersection, the need for a traffic study to satisfy Kane County and their permit requirements and the issue of the City reimbursing the Doctor for the intersection improvements . The Doctor proceeded with the intersection improvements based upon the understanding he had with City staff that he would be reimbursed for all costs to construct said improvements . The Doctor provided the City with an estimate of cost of $125, 000 . Unfortunately the Doctor failed to include Engineering, Legal and Testing fees in his estimate. Ultimately the entire cost to construct the intersection was $146, 845 which has been reviewed by the Engineering Division and found to be a fair cost . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Doctor Mohammad Zahid 011/ FINANCIAL IMPACT The City' s share of the construction of Holmes Road is $61, 775 .25 and the cost of the intersection of Holmes/Randall is $146, 845 . 00 for a total City cost of $208, 620 . 25 . The funds remaining in the Capital Street budget, Project 339577, account 270-0000-791 . 93-80, totaling to $199, 616 . 37 will be utilized for the majority of the reimbursement . The remainder, $9, 003 . 80, will be paid for utilizing unspent funds from the Hopps Road Reconstruction project, project number 339613, account number 275-0000-791 . 93-80 . A budget adjustment will be necessary. \0104t/Aj EGAL IMPACT None . r rib' Holmes Road Recapture Ordinance August 3, 2001 Page 3 ALTERNATIVES A) Agree to reimburse the Doctor for the full amount of the intersection and process the recapture for Holmes Road in accordance with the annexation agreement and the attached ordinance. B) Because there is no agreement between the Doctor and the City, the City is under no obligation to pay for the improvements . This alternative would pay recapture to the Doctor per the annexation agreement only. RECOMMENDATION It is recommended that City Council adopt the recapture ordinance and authorize staff to reimburse Doctor Zahid, Randall Road Office Building, L.L.C. , in accordance with this ordinance and for the intersection in the amount of $208, 620 . 25 . rRespectfully submitted, a 07,4/5-A.s AO' A. Parker ity Manager JE:do Attachments r Exhibit A Holmes Road Recapture Ordinance Ordinance No. AN ORDINANCE ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS TO BENEFITTED PROPERTIES (Holmes Road) WHEREAS, Randall Road Office Building, L.LC. and the City of Elgin have cooperatively constructed certain roadway improvements for Holmes Road, running westerly from Randall Road a distance of 507.98 feet, more or less, and it is fair and equitable to require benefitted properties to pay their fair share of the cost of such construction; and WHEREAS, the construction of such roadway improvements makes access to and from adjoining properties and adjacent public roadways available to nearby properties and thereby benefits said properties; and WHEREAS, it is fair and equitable to require reimbursement to Randall Road Office Building,L.L.C. for a portion of the value of such construction costs which benefits such properties; and WHEREAS, the April 20, 1997 annexation agreement for the Randall Road Office Building, LLC property include a provision, Paragraph 13, Subsection C, copy attached as Exhibit B, to fairly distribute the cost of construction as follows; 1/3 by City, 1/3 by owner of subject property and 1/3 by titleholder of the parcel of real estate lying south of the Holmes Road right- of-way; and WHEREAS, the cost of constructing Holmes Road amounts to $283,372.13 of which Randall Road Office Building, LLC completed improvements totaling $250,690 and the City completed improvements totaling$32,682.13 resulting in a 1/3 share of$94,457.38 per entity; and Whereas, Randall Road Office Building, LLC was responsible for all initial costs of constructing Holmes Road; and then due recapture, the City's contribution to the improvements shall be credited against the City's share due to Randall Road Office Building, LLC resulting in the amount of$61,775.25; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to perform any function relating to its government and affairs; and WHEREAS, ownership and maintenance of public roadways is a function pertaining to the government and affairs of the City of Elgin; NOW, THEREFORE, be it ordained by the City Council of the City of Elgin, Illinois: Section 1. That no territory described and identified herein shall be permitted to annex to rthe City of Elgin or obtain approval for any construction thereon, as the case may be, until such time as payment is made to the City of Elgin of an amount allocated as the fair proportionate share of the cost of said improvement construction as follows: Parcel 1 Parcel Index Number- 03-31-400-035 Owner/Legal Description- C &L Farms, Inc. 1750 Grandstand Place Elgin, Illinois 60123 That part of the South East 1/4 of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: commencing at the North East corner of said South East 1/4;thence South along the East line of said quarter section 1300.7 feet for the point of beginning;thence South along the East line of said quarter section 150 feet;thence westerly along a line that forms an angle of 87 degrees, 10 minutes, 0 seconds to the right with the prolongation of the last described course, 240.2 feet;thence Northerly along a line that forms an angle of 91 degrees, 55 minutes, 0 seconds to the right with the prolongation of the last described course 150 feet; thence Easterly along a line that forms and an angle of 88 degrees 08 minutes, 0 seconds to the right with the prolongation of the last described course 242.7 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois, except that part conveyed by Warranty Deed dated March 29, 1995, to the County of Kane for roadway purposes. Lineal Footage- 182.7 linear feet Recapture Amount- $33,404.86 Parcel 2 Parcel Index Number- 03-31-400-036 Owner/Legal Description- C&L Farms, Inc. 1750 Grandstand Place Elgin, Illinois 60123 Part of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northeast Corner of the said Southeast Quarter of Section 31;thence North 88 degrees 47 minutes 45 seconds West, along the North line of said Southeast Quarter, a distance of 558.23 feet to an existing iron stake;thence South 02 degrees 06 minutes 07 seconds West, a distance of 935.30 feet to a North line of Document No. 1261098, as monumented;thence North 88 degrees 30 minutes 53 seconds West, along said monumented line, a distance of 8.18 feet of an existing iron stake;thence South 02 degrees 03 minutes 59 seconds West, along a West line of said Document No. 1261098, as monumented, a distance of 385.82 feet to the South line of said Document No. 1261098, as monumented, for the point of beginning; thence North 88 degrees 53 minutes 04 seconds East, along said South line, a distance of 333.65 feet to a point on said line that is 242.60 feet(record being 242.70 feet)westerly of the East line of the aforesaid Southeast Quarter of Section 31; thence South 00 degrees 46 minutes 39 seconds West, a distance of 150.00 feet;thence North 88 degrees 51 minutes 39 seconds East, a distance of 240.20 feet to a point on the East line, of the Southeast Quarter of said Section 31 that is 1447.65 feet, as measured along said East line, South of the aforesaid Northeast Corner of the Southeast Quarter;thence South 01 degree 41 minutes 39 seconds West, along said East line, a distance of 70.09 feet;thence South 88 degrees 51 minutes 39 seconds West, a distance of 577.69 feet to a line that bears South 02 degrees 03 minutes 59 seconds West from the point of beginning;thence North 02 degrees 03 minutes 59 seconds East, along said line, a distance of 220.40 feet to the point of beginning. Being situated in Elgin Township, Kane County, Illinois, except that part conveyed by Warranty Deed dated March 29, 1995, to the County of Kane for roadway purposes. Lineal Footage - 333.92 linear feet Recapture Amount- $61,053.93 Section 2. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 3. That any person desiring to so annex or obtain construction approval may pay the amount allocated without interest if payment is made prior to , 2001. If full payment is not made prior to , 2001, then payment shall be made in full plus interest at the rate of ( %)percent per annum accruing from 2001, until the date of payment. Section 4. That any amounts received by the City Treasurer pursuant to this ordinance shall be paid to Randall Road Office Building, L.L.C. or its successors or assigns, as reimbursement for the cost of the improvements as set forth above. Section 5. That a certified copy of this ordinance shall be recorded with the Recorder of Deeds of Kane County, Illinois. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. • Ed Schock, Mayor Presented: Passed: Omnibus Vote: Yeas Nays Recorded: Published: Attest: Dolonna Mecum, City Clerk r r HOLMES ROAD RECAPTURE AGREEMENT EXHIBIT A SUMMARY OF FINAL COSTS FOR CONSTRUCTION OF HOLMES ROAD August 1, 2001 Portion Completed by Developer Engineering Henry Uteg $20,000 Construction Various $198,762 Legal $5,000 Miscellaneous Plote finished the returns $15,856 Testing $1,500 Corn Ed $9,572 Total $250,690 Portion Completed by City Construction Binder course $13,468.00 Surface course $8,587.00 Street lights $10,627.13 $32,682.13 eglik TOTAL COST TO CONSTRUCT HOLMES ROAD Developer $250,690.00 City $32,682.13 $283,372.13 1/3 share $94,457.38 (property to south, City and Developer) RECAPTURE CALCULATION PER ENTITY Property to City Developer the South TOTAL To be paid to developer $94,457.38 $94,457.38 $94,457.38 $283,372.14 Paid to date $32,682.13 $0.00 $0.00 $32,682.13 Amount to include in recapture $61,775.25 $94,457.38 $94,457.38 $250,690.01 r 7 RIDER' TO -ANNEATION AGREEMENT • ARSONIA1IS " I. Paragraph 13 of the Agreement is hereby deleted in its entirety and the following is inserted in lieu thereof :. THIRTEEN: A. Except as otherwise set forth herein, Owner shall comply with the City of Elgin Statement of Policy - Development Contributions for Roadways + attached as Exhibit "B" prior to the approval of an , ordinance annexing the Subject Property. B. Attached hereto as Exhibit '!C" is a Plat of Dedication to the City. of Elgin by which portions of the Subject Property are to be dedicated for Holmes Road and Capital Street. Such Plat of Dedication shall be executed by Owner and all other appropriate parties and delivered to the City on or before approval of an ordinance annexing the Subject Property. C. Notwithstanding the provisions of Exhibit "B, " the construction. of the improvements for that portion. of Holmes Road lying within the Subject Property shall be commenced by Owner, or Owner' s successor in interest with respect to the Subject Property, no later than twelve (12) months from the date of the ordinance annexing the Subject Property, as set forth in the foregoing Paragraph TWO of this Agreement, and shall be completed in accordance with applicable ordinances of the City of Elgin and specifications approved by the City of Elgin within twelve (12) months of commencement of construction; provided., .however, that no such construction shall be commenced until the City_ of Elgin has reviewed and approved the cost: estimates thereof. The cost of such improvements shall be borne (i) one- third (1/3) by the City, (ii) one-third (1/3) by the - then owner of the Subject Property, and (iii) one-third (1/3) by the record titleholder (currently C & L Farms, - • Inc. ) of the parcel of reel estate lying south of the Holmes Road right-of-way. The City' s share of such cost shall be paid within twelve (12) months after acceptance of such improvements by the City, which acceptance shall not be unreasonably withheld or delayed. The adjoining property owner' s share of such cost shall be reflected in a reimbursement ordinance and shall be payable, plus interest at the rate then . being charged by the City in reimbursement ordinances, . upon annexation of such 'adjoining parcel to the boundaries of the City of Elgin. EXHIBIT B PARAGRAPH 13 C ARSONIADIS ANNEXATION AGREEMENT 4/20/97 W Randall Road Office Building LLC d I O I NO TH Holmes Roao dl o Parcel I Number 1 d Parcel Number 2 1 Homes Roao Recp ± re Exhibit B February 1999 Memorandum to City Council .. yOFEtc `i( Agenda Item No. — City of Elgin ti February 5, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment with Stanley Consultants, Inc . for a Traffic Study - PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approval of an amendment to an existing Engineering Services Agreement for traffic studies at the proposed Randall Road/Holmes Road intersection. BACKGROUND Beginning in 1988, the City planned for the development of eft. Capital Drive and Holmes Road by accepting dedications of right-of-way from Sherman Health Systems and CMD, the develop- er of Westfield Business Park. Until 1997 the only business in the area west of Randall Road and north of Big Timber Road was First Card. The improvements to Randall Road triggered the 1998 decision package to construct Capital Drive, Holmes Road • and the intersection establishing a second access point to the area. In 1998 Doctor Zahid approached the City to develop a parcel which was dependent on Holmes Road and Capital Drive for access . In 1998, the developer was required to construct Holmes Road from Randall Road west to the proposed Capital Drive, including the intersection with Randall Road. The developer was successful in obtaining permits to construct the road but was unsuccessful in obtaining permits from Kane County for the intersection. Doctor Zahid has begun construc- tion of Holmes Road but until a traffic study and intersection design study is submitted to Kane County, access to Holmes Road from Randall Road is limited to right in and right out . On April 14 , 1998, the City entered into an Engineering Service Agreement with Stanley Consultants, Inc. to design Capital Drive from Alft Lane to Holmes Road. Because the required studies encompass and benefit a large area and were not a part of the annexation agreement with Dr. Zahid and other adjoining property owners, it is more appropriate to amend the Stanley agreement to conduct a traffic study. A copy of the amendment is attached. Stanley Consultants/Traffic Study February 5, 1999 Page 2 ems- Once completed, the intersection study will be submitted to Kane County for review and approval . The approved study will dictate the design of the Randall Road intersection. Con- struction plans for the intersection will be completed by the developer (Dr. Zahid) , using the intersection studies, and then submitted to Kane County for issuance of permits . In accordance with the annexation agreement for Doctor Zahid' s property, there are cost sharing provisions for the construc- tion of Holmes Road but not for the intersection. The City' s current roadway contribution policy does not address intersec- tions . The benefit of this intersection will cover a vast area west and east of Randall Road, some of which is developed with heavy traffic generators . The City will reimburse Doctor Zahid in 2000 for costs incurred to construct the intersection. The annexation agreements for parcels abutting Capital Drive and Holmes Road require the annexation petitioners to pay two- thirds of the roadway costs. The remaining one-third is paid for by the City. However, the City did not know what type of street it would build nor did it have actual cost estimates to base their payment on. Therefore, monies received from those properties already annexed will not cover their share if they annexed today. r COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Dr. Mohammad Zahid, Developer of Medical Complex, 1530 Holmes Road. Mr. Henry Uteg, P.E. , Developer ' s Engineer ov_,FINANCIAL IMPACT The cost of the amendment with Stanley Consultants, Inc. is $10, 835, bringing the total agreement cost to $158, 192 . The City has budgeted $900, 000 in the 1999 Fox Bluff Corporate Center Fund (account number 270-0000-791 . 93-80, project number 339577) for the construction of Capital Drive between Holmes Road and Alft Lane . There are sufficient funds remaining within the account for this amendment . It should be noted that because Kane County has changed their policy and will no longer contribute toward the cost of intersection improvements, the City as well as those proper- ties not currently annexed that will benefit from the inter- section improvements will bear those intersection costs. It is estimated that the cost of an intersection to serve this point on Randall Road could eventually cost approximately $500, 000 . r1J LEGAL IMPACT None . Stanley Consultants/Traffic Study February 5, 1999 Page 3 ALTERNATIVES Require Doctor Zahid to perform the traffic studies . RECOMMENDATION It is recommended that the City Council approve the subject amendment with Stanley Consultants, Inc. in the not-to-exceed amount of $10, 835 . and authorize staff to execute the neces- sary documents . : ResI'ectfully submi , (2, Arce Af Parker City Manager JE/do Attachments r \ti 4;, J • N a A • SST o Z % CC MASON RD Project ro 0 Location '':' : <<`vqY ..,;--4�,.• Z • ' /L'""—-- • — Holmes Road/Randall Road Intersection (3,014C T LN ' Pp • FOX LANE ..•. HOLMES , �n H T PROPOSED ,'''�.. n0 v_J H N CAPITAL ST •--I rvt ol Holmes Road-Under Construction Cl a cn _.._ z O C p . 9 Q Q o,0 lii C TAM r_+- I e.,9 O 90 cp CD n ;C] O v CITY OF ELGIN, ILLINOIS WILLARD AVENUE AND CAPITAL STREET ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1 • This Amendment No. 1 entered into this day of 1998, by and between the City of Elgin, an Illinois Municipal Corporation ( hereinafter referred to as "CITY" ) and Stanley Consultants (hereinafter referred to as "ENGINEER" ) , shall modify that* Agreement dated April 14 , 1998 , whereby the ENGINEER was engaged by CITY to perform certain professional services in connection with the preparation of plans , specifications , estimates of cost and construction related engineering services for the Willard Avenue and Capital Street Project (hereinafter referred to as "PROJECT" ) . Whereas the payment to the ENGINEER for traffic engineering and permitting relative to the proposed Holmes Road/Randall Road intersection was not included in the Agreement, and, Whereas the City desires to expand the scope of services to include the ENGINEER' s efforts to conclude traffic engineering sufficient to satisfy Kane County' s intersection permit requirements for Randall Road, and, rk Whereas the CITY desires to include the payments to the ENGINEER under paragraph IV of the Agreement in connection with the aforementioned traffic engineering pertaining to the PROJECT. In response to these additional services, certain revisions must be made . to the Agreement . In compliance, therefore, the terms and conditions of the agreement are modified as specifically set out below. All other parts of the Agreement remain unchanged. SECTION I of the AGREEMENT is hereby amended to create subparagraph D to read as follows : D. In general, the ENGINEER' s work shall include, but not be limited to, the following major traffic engineering activities . Traffic Engineering 1 . Traffic Counts 2 . Traffic Studies 3 . Intersection Design Study 4 . Report 5 . Meetings/Coordination elik SECTION IV of the Agreement is hereby amended to revise subparagraph C to read as follows : d.i 7 C. For direct costs the CITY shall reimburse the ENGINEER the actual amount of the cost incurred by the ENGINEER. The not-to- exceed amount of direct costs shall be $9 , 500 . Inclusive of Paragraph IVA, IVB, IVC and IVE this AGREEMENT shall not exceed $158, 192 . Section IV of the AGREEMENT is hereby amended to create subparagraph E to read as follows : E. For services provided in connection with items described in paragraph I .D. of this AGREEMENT, the ENGINEER shall be reimbursed in accordance with the itemized work effort attached to and incorporated into this FIRST AMENDMENT TO THE AGREEMENT as "Exhibit A" , with a total fee not-to-exceed $10, 835 . 02 regardless of actual cost incurred by the ENGINEER unless substantial modifications to - the scope of work are authorized by the City through a change order or written amendment to this AGREEMENT. All other provisions of the AGREEMENT shall remain in full force and effect . IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this epik statement . For the CITY: • ATTEST: THE CITY OF ELGIN, ILLINOIS By: By: City Clerk City Manager (SEAL) ( SEAL) For the ENGINEER: Dated this 93 day of e4.4 _____ , A. D. , 1998 . ATTEST: STANLEY CONSULTANTS, INC. r By: � 4 gy . Vice President 1 , 1 '''''') 'Ii•I' . .:'.' ..; ..1.'... -., EXHIBIT A WORK EFFORT HOLMES ROAD TRAFFIC STUDY CITY OF ELGIN Personnel & Hours Madt4IMAIMMEN IN.Mit010.0::: PP PM PE ENGR GRAPHIC LERICA MIR.6.46.11.21:01011:00:.pw".0 Traffic Counts (Peak Hours) 8 8 16 Vingein $5M.a0.:4::::::.; Traffic Studies 12 8 20 NOSSiS f:W69 40.1cogi - Intersection Design Study 16 12 20 48 ginied ki*Ort 6(*)':::g Report 8 8 8 4 ' 28 Viietegrig$7,0-F2a::::::, .::::::#0,4;. ... .':: .-.::............... Meetings/Coordination 2 4 4 10 ',.::::::,..40.V;1ft:',.0.$61.:nOM Subtotal 2 40 32 8 36 4 :...0.111:12.2to %la fiti00:.,,:gaggeng:::igingglifk0415.5.VS:0:03ZIS.W41.1026MVIS:Aimqz*0.120.:6%001%.014, issiessw:::::::::::misygm::::::::::k Total::.Cdst::::::::::i:•:::::::::si.::::::::::::::',:::::::g::i':::::,:iii.:::::::::i•::::f:M:::,1::! /.020i•:i:::i::::::::.:$V,66%..QW:l'::i::$08 g.:160:.::::::::i$1.5.1140 : :...$7:12 80::::::::::::10.4V;8Q.::::::.::::::RPRE.Rgi IUMP:giNi..!:::::.:li.1:::43125.31:13.M: Multiplier 2.9 Mfig."0:::::Air.dil $9,436.02 • Survey $1,000.00 CADD Charges ' ..:ii.OM.0,011:11 $200.00 Direct Costs IN:1115gen $200.00 ;11:0•AMANA3V.11ggi.:::::WIR::::::MillIMP.I. . . •