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91-1023 Valley Creek of Elgin Inc RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH VALLEY CREEK OF ELGIN, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Valley Creek of Elgin, Inc. for the improvement of Lyle Avenue and installation of traffic signals at Randall Road and Royal Boulevard, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 23, 1991 Adopted: October 23, 1991 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT AN AGREEMENT BY AND BETWEEN THE CITY OF ELGIN AND VALLEY CREEK OF ELGIN, INC, for the construction of various facilities as outlined in this agreement. This agreement made and entered into this ass day of NoV'E- , 1991, by and between the City of Elgin, a municipal corporation located in Kane and Cook Counties, Illinois, hereinafter referred to as the CITY and Valley Creek of Elgin, Inc. , a corporation operating under the laws of the State of Illinois, hereinafter referred to as VALLEY CREEK. WITNESSETH WHEREAS, the CITY, in order to facilitate the north-south traffic flow on Lyle Avenue and on Randall Road between Highland Avenue and Big Timber Road, wishes to participate with VALLEY CREEK in the construction of a structure carrying Lyle Avenue over Tyler Creek, construction of at grade crossings over the Chicago and North Western Transportation Company and the METRA (Soo Line) rights-of-way and the installation of traffic signals at Randall Road and Royal Boulevard; and, WHEREAS, the CITY and VALLEY CREEK are desirous of causing said improvements to be made in that same shall be of immediate benefit to the residents of the CITY and permanent in nature. NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows : ( 1) The VALLEY CREEK agrees to furnish engineering inspection during construction, and cause the improvement to be built in accordance with the plans, specifications, and contract within one year of this agreement. (2) The CITY shall reimburse VALLEY CREEK the lesser of (a) one-half ( 1/2) the cost of the above-described structure across Tyler Creek, or (b) one hundred thirty four thousand one hundred seventy five dollars ($134, 175) . ( 3) The VALLEY CREEK shall pay one-quarter ( 1/4) of the cost of signalization at the Randall Road and Royal Boulevard intersection which is cctimatcd to be one r hundred and two thousand five hundred dollars ($102,500) . -2- (4) The CITY shall petition the Illinois Commerce Commission for permission to construct at grade crossings for Lyle Avenue over the rights-of-way of the Chicago and North Western Transportation Company and of METRA (Soo Line) . The cost associated with the petition and the construction of the at grade crossings shall be at the expense of the CITY. The VALLEY CREEK shall not be required to contribute toward the cost of any such extension of the Lyle Avenue right-of-way across such railroad rights-of-way. VALLEY CREEK shall cooperate and assist the CITY in said proceedings and shall furnish such studies, records, plans, reports, or other documents in its possession relating to the necessity for a grade crossing and shall make available its officers and employees as witnesses in such proceedings . (5) The CITY agrees that all maintenance and any future improvments to this structure over Tyler Creek shall be the responsibility of the City. (7) This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, and assigns . ATTEST: CITY OF ELGIN 0By By City Clerk Cit ,myi,, nager Elgin, Illinois Elgin`Illinois ATTEST: VALLEY CREEK OF ELGIN, INC. By /.��.. By j /' c TELEPHONE 708/695-6500 EI3 FAX 708/931-5610 FOR HEARING IMPAIRED TDD 708/931-5616 ,c,, Etc i� CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 opoR November 7 , 1991 Mr. Jerry Hoover, President Valley Creek of Elgin, Inc. 574 North McLean Boulevard Elgin, Illinois 60123 Subject: Randall Road and Royal Boulevard Signal and Road Improvements Dear Mr. Jerry: You will find attached a fully executed copy of the agreement for the subject improvements . Please take the necessary steps to complete the payout of your share of the costs as outlined in our letter of last week. Please contact the undersigned at 931-5965 with any questions you may have in this regard. Sincerely, CITY OF ELGIN ?“9. /� / Rp . Ridley Engineering Su r isor Attachments Attachments cc: -olonna Mecum, City Clerk w/original copy Mike Sarro, w/original copy Richard Heimberg, w/copy (i) inted on recycled caner Elm 11 OFf(0,__y 4011 Agenda Item No . o9pQ �� October 4, 1991 TO: Mayor and Members of the City Council FROM: Larry L. Rice, City Manager SUBJECT: Amendment to Valley Creek Intersection Agreement Several weeks ago the City and Valley Creek of Elgin, Inc. came to final agreement on a cost apportionment for the 1978 et al annexation contract for their development. This final document provided for City participation to a maximum 50% of the Lyle bridge - and Valley Creek' s assumption of a portion of the Randall/Royal intersection improvement costs. The contract has been prepared (attached) but the included letter from Valley Creek asks for a clarification amendment limiting their participation in the Royal intersection to a "not-to-exceed" amount. I seemed to have remembered that issue being discussed, and since the City specified a maximum cost for the bridge I can recommend the City Council approve such language for the Royal intersection. Such a change will require Council ap- proval. FINANCIAL IMPACT Since the county is only now getting the intersection completed, the final costs for the east leg (Valley Creek's portion) may exceed the estimated $102,500. Thus, the City could have a small additional cost over and above that amount. RECOMMENDATION It is recommended the City Council approve amendatory language in the agreement with Valley Creek to provide for a "not-to-exceed" amount of $102,500 for the Randall/Royal intersection costs . La ry . Ri, e, City Manager LLR:amp Attachments 411 October 3, 1991 MEMORANDUM TO: Larry L. Rice FROM: Ralph L. Ridley a(;)1\ SUBJECT: Valley Creek - City of Elgin Jerry Hoover sent the attached letter to Mel for his consideration. I have spoken to Jerry Hoover and he is adamant about getting the City Council to change the agreement to match the comments in the letter. We do no understand his concerns about items 1 and 2 as they have already been satisfied. His concern over item 4 is because of the not to exceed cost the Council agreed to for the bridge over Tyler Creek the Council agreed to pay. He would like to see the not to exceed amount of $102,500 in the agreement. In speaking to Ery he stated that the Council agreed to the language in the agreement and any change to it would have to be approved by the Council. Our concern centers around the payout request we have received A7) from the County that amounts to approximately $60,000 for Valley Creek's share of the Randall Road and Royal Boulevard signalization project. The balance of the pay request is being forwarded •to Safety Kleen for their payment. Please contact either Mel or I with any questions you may have in this regard. Attachment VALLEY CREEK VALLEY CREEK of ELGIN, inc. • 574 North McLean Blvd. • Elgin, IL 60123 Telephone 312•695•6900 i) l► ` 1 II September 5, 19,9?1Y OF ELGIN Mr. Mel A. Dahl , P.E. ENGINEERING DEPT. City Engineer - City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Valley Creek - City of Elgin Agreement / Signals & Bridge Dear Mel : Attached is a copy of an agreement that I picked up from Ralph Ridley last week concerning the above. I believe the agreement was prepared by you and reviewed by the City attorney. I don't know if Larry Rice has seen it or not. Charles Burnidge and I worked on this agreement with Larry Rice and the City Council . Charles and I don't think the wording in this document is what we agreed upon and we would like to propose the following changes: Page 2- Par.(1) -should be omitted since it has already been done and is redundant. (2) -"to solicit and receive bids for construction of the structure following approval of the plans and specifica- tions by the City and the Department of Transporation and upon approval by the City, award the contract," - has already been done and should not be in the agreement. (3) -is fine as is. (4) -"estimate to be" -should be stricken. We agreed upon $102,500. Or if you want to use the language used in paragraph (3), that would be O.K. (5) - O.K. as is. (6) - O.K. as is. (7) - is fine. If you want to retype this or just mark it up, we are ready to sign it. Sincerely, . Jerry Hoover President mch AGREEMENT 411 AN AGREEMENT BY AND BETWEEN THE CITY OF ELGIN AND VALLEY CREEK OF ELGIN, INC, for the construction of various facilities as outlined in this agreement. This agreement made and entered into this day of , 1991, by and bgtween the City of Elgin, a municipal corporation located in Kane and Cook Counties, Illinois, hereinafter referred to as the CITY and Valley Creek of Elgin, Inc. , a corporation operating under the laws of the State of Illinois, hereinafter referred to as VALLEY CREEK. WITNESSETH WHEREAS, the CITY, in order to facilitate the north-south All traffic flow on Lyle Avenue and on Randall Road between Highland Avenue and Big Timber Road, wishes. to participate with VALLEY CREEK in the construction of a structure carrying Lyle Avenue over Tyler Creek, construction of at grade crossings over the Chicago and North Western Transportation Company and the METRA (Soo Line) rights-of-way and the installation of traffic signals at Randall Road and Royal Boulevard; and, WHEREAS, the CITY and VALLEY CREEK are desirous of causing said improvements to be made in that same shall be of immediate benefit to the residents of the CITY and permanent in nature.