93-293 •
Resolution No. 93-293
RESOLUTION
AUTHORIZING EXECUTION OF A COST SHARING AGREEMENT
WITH ELGIN RIVERBOAT RESORT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert 0. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute a Cost Sharing Agreement on behalf of the
City of Elgin with Elgin Riverboat Resort to enter into an
agreement with Commonwealth Edison for the installation and
relocation of electrical service facilities for the riverboat
gaming site and city property to the north, a copy of which is
attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: November 17, 1993
Adopted: November 17, 1993
Vote: Yeas 6 Nays 1
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
' 1 RAGREE/RIVERBT.CSA
COST SHARING AGREEMENT
THIS AGREEMENT made and entered into as of
November 17, 1993, by and between the CITY OF ELGIN, a
municipal corporation (hereinafter referred to as the "City") ,
and ELGIN RIVERBOAT RESORT, an Illinois partnership
(hereinafter referred to as the "Developer" ) ;
WHEREAS, the City and Elgin Riverboat Resort entered
into a Development Agreement on June 24, 1992 for the
establishment of a riverboat gaming facility along the Fox
River on property owned by the City; and
WHEREAS, the installation and relocation of
Commonwealth Edison electrical service facilities are required
in order to accommodate the needs of Elgin Riverboat Resort
for the development of the subject property; and
WHEREAS, the City is desirous of providing for the
removal of additional overhead electrical service facilities
and the undergrounding of same north of Lake Street and along
Prairie Street; and
WHEREAS, the parties have determined that it is
necessary, desirable, and more economical to accomplish these
improvements if Developer enters into a single contract with
Commonwealth Edison to accomplish all of the various
relocation of Commonwealth Edison facilities serving both the
riverboat gaming site and the city property to the north.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings as set forth herein and for
other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties
hereto agree as follows:
1. That the foregoing recitals are hereby
incorprated into this agreement.
2. That within thirty (30) days hereof Developer
agrees to enter into a contract with Commonwealth Edison
Company for the installation and relocation of Commonwealth
Edison utility facilities, all as set forth in the contract
documents which are attached hereto and made a part hereof by
reference as Exhibit A (hereinafter referred to as the
"subject contract") . The City agrees to enter into
appropriate easement agreements to provide access onto City
property for the work contemplated in the subject contract.
3. That the Developer shall pay all costs due and
owing to Commonwealth Edison under the subject contract. The
City agrees to reimburse to the Developer a portion of these
costs in the amount of $83, 183.53 The City shall reimburse
the Developer these monies within sixty (60) days after all of
the work under the subject contract has been completed and the
Developer has paid in full Commonwealth Edison Company for
same.
IN WITNESS WHEREOF, the parties have caused this
agreement to be executed on the date first written above.
CIT •F :LGI , a municipal ELGIN RIVERBOAT RESORT, an
corpo •n Illinois partnership
BY h iL IL - By RBG, L.P. , One of Its
C t . anager General Partners
By HCCA orporation, Its
Attest: Gen- . = 1 •artner
006IA,N-C /1‘C--C4 - 1 Ile '
City Clerk R. 1 S hu 'ze, Vice President Or
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CUSTOMER WORK AGREEMENT
NJ: 432133 Ser/Agreement #: WF930220 R: 1
Date $ 11/05/1993
BLGIN RIVERBOAT RESORT INC. ("Customer") and CO14r4ONWEALTH EDISON COMPANY
("Company") agree that the Company will furnish at the Customer's expense the
labor and materials necessary to do the work for the Customer on or adjacent
to the Customer's premises at WS GROVE AVE, S PRAIRIE, ELGIN, ILLINOIS,
described below.
$ 503,639.00
Base Tax $ 0.00
State Tax $ 503.63
Municipal Tax $ 0.00
Total Customer Charge $ 504,142.63
The Customer agrees to pay to the Company the sum of $504,142.63 at the
time this agreement is accepted. The sketch, if any, attached hereto is
hereby made a part of this Agreement and expressly designates ownership of the
facilities referred to.
This charge reflects only the work performed by the Company. There may be
additional costs required by other utility or communication companies. They
should be contacted for their associated charges. For Illinois Bell, call
1-800-244-4444.
Work will be done during the Company's regular working hours, unless
otherwise specified.
This Agreement shall be void if not accepted by the Customer within ninety
days from date submitted.
Transformers and metering equipment installed in conjunction with this
work, shall in all cases, remain the property of the Company.
In the event the work covered by this Agreement cannot be completed within
one year from the above date as a result of delays on the part of the Customer
or because the Company has been denied access to the premises, the charge to
the Customer shall be recomputed based on the level of costs prevailing at the
time of completion of the work as stipulated in the Company's General Company
Order No. 25.
W.0./L.O. M.O.
FOR THE COMPANY: FOR THE CUSTOMER:
Submitted By Print Name Accepted By Signature
Accepted By Signature Print Name
Print Name Official Capacity
Mail Bills To:
Account Number: B -UC- Payment Stamp
EXHIBIT A
-PAGE 1 OF 4
sE�'i� lei LOCATION S it iI
S.ER # WF930220
THIS INFORMATION IS FOR THE ELECTRICAL CONTRACTOR AND/OR ARCHITECT.
FOR ELGIN RIVERBOAT RESORT INC, GROVE AVE RELOCATION, ELGIN IL.
The electrical contractor should secure the approval of the appropriate Municipal Authority and must conform
to the Commonwealth Edison Company's Book of Information and Requirements for the supply of Electric
Service. This location is contingent upon there being no objection to crossing adjacent property with service
wires if necessary. Location given is for the load shown above, and any change in the load may require
change in location. Customer's underground conduit should not be installed in advance of Commonwealth
Edison Company's conduit.
Approval of this extension will constitute customer's approval of service location as shown on the sketch
provided
LEGEND
0 Utility Pole 0 Cable Terminal Pole Transformers
--
F Anchor — -- - Overhead Conductors ® Steel Towers
Sectionalizers ` Manholes r Proposed Duct
-0-4.-+F Fence ,,� Removal Symbol
COMMONVVEALTH EDISSON COMPANY LOCATION PLAN FOR EIECIRICAL
MARKETING AND ENGINEERING DEPARTMENTS FAQIIIIES APPROVED BY:
"Cr-. w A c kc4:12— PHONEPA i- .1.-4
MARK, EER CUSTOMERS NAME(PLEASE PRINT)
3I(.1.A3 C&. DATE: \\3`Ct3
ENGINEER TITLE
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APPROVED:• �' '
CUSTOMERS SIGNATURE DATE
mss)
'PAGE 2OF4
Commonwealth Edson Company to:
1. Remove all facilities marked with removal symbol as shown on sketch.
2. Remove steel light pole equipment. City of Elgin or Developer to remove the base and
poles
3. Open cut all streets. Repairs for streets to be done by City of Elgin or Developer.
4. Break and open all sidewalks. Repairs for sidewalks to be done by City of Elgin or
Developer.
5. Rebuild existing pole line at TDC 570 as shown on sketch, for relocation of 34kv line
over the river.
6. Install cable in existing duct form TDC 570 to manhole at Times Square and
National St.
7. Set 3 line bay 1 fuse bay sectionalizer on Forest Preserve Property at southwest
corner of Times Square and National St. Any costs to obtain an easement for
sec tionalzier will be responsibility of City or Developer.
8. Build 3 cable terminal poles at southwest corner of National St. and Times Square
for relocation of overhead lines.
9. Install new 6 duct on National St from Tunes Square to Grove St.
10 Pour large T manhole to connect new duct with old on southwest corner of Grove and
National St.
11. Install 4 line bay sectionalizer at northeast corner of Grove and National St.
(exact location of sectionalizer may very according to Developers final plans).
12. Install new 12-5" duct along Grove St. from National St. to Prairie St. Including
2 large straight manholes and 1 T manhole at Lake and Grove, 1T at Grove and Prairie.
13. Install 6 - 5" duct on Lake St from Grove to Wellington.
14. To install new Cable up feed pole on Lake St. 30 ft west of Existing corner pole.
Existing corner poles to remain to service Newspaper customer as shown on sketch.
15. To abandon existing 12 - 4" duct and manholes on Grove between Lake and Prairie.
16. To install 6 - 5" duct along Prairie St. from Grove to Wellington.
17. Install 2 4-bay sectionalizers and 2 compartmental transformers to service existing
customers on north side of Prairie. (Exact location of transformers and sectionalizers to
be determined at time of construction.)
18. Install 2 4 bay sectionalizers on the southwest corner of Grove and Lake to provide service
to customer pavillion
PAGE 3 OF 4
Customer to:
1. Be responsible for the conversion of overhead to underground meter fittings for
commericial and residential customers on north side of Prairie St.
2. Adhere to space requirements pertaining to compartmental transformers and switchgears.
A ten (10) foot clearance is required on the door/entrance side of all CE equipment for
safety and operating purposes. CE personnel may refuse to operate equipment which may
deviate from these requirements.
3. Supply easements where necessary. A 10 ft easement is required for all facilities that will
remain not on city property. All swithchgears require a 20 ft. minimum box easement
4. Make final repairs on all streets. C. E. Co. contractor to open cut all streets for
duct.
5. Be responsible for all restoration after completion of C. E Co. work, including all
streets and sidewalks.
6. Provide all road and construction plans, and work with C. E. Co. engineer for exact
placement of duct and new facilities.
7. Note that prior to trenching operations, the customer shall make the easement strip
accessible to C. E. Co. equipment, and shall arrange that the grade of the strip will not be
above, nor more than four inches below final grade.
8. Be responsible for removal of all contaminated soil and the removal of the existing tower
foundations.
9. Be responsible for the removal of all steel poles and bases.
General Notes
1. This cost estimate is for relocation of Commonwealth Edison facilites only. Customer is
to contact all other parties involved (i.e. IBT CATV) for their charges.
2. This plan and/or charges are contingent upon Commonwealth Edison obtaining all
necessary permits and/or easements. Any additional cost to obtain the permits and/or
easements will be borne by the customer before any work will begin.
3. Any additional costs not covered in this plan as stated will be charged to the customer as
additional relocation expenses.
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December 17, 1993
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Assistant Corporation Counsel
SUBJECT: Cost Sharing Agreement between the City and Elgin
Riverboat Resort
Attached for your files is an originally executed copy of the
Cost Sharing Agreement between the City and Elgin Riverboat
Resort. The agreement relates to the installation and
relocation of Commonwealth Edison electrical service
facilities.
VAidei°°
WAC
mg
Attachment
,y
ElPin
fow ,ry Agenda Item No. NJ
�4
October 22, 1993
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Cost Sharing Agreement with Hyatt
Development Corporation for Commonwealth
Edison Utility Relocation
PURPOSE
the purpose of this memorandum is to present to the City
"ouncil with information relating to a proposed agreement
between the City and Hyatt Development Corporation for the
=raring of the costs associated with the relocation of Common-
wealth Edison electrical facilities in the South Grove rede-
velopment area.
BACKGROUND
Extensive relocation of Commonwealth Edison facilities are
required in order to accommodate the needs of the Elgin River-
boat Resort development. The scope of the required work is
as follows:
- Remove all Commonwealth Edison overhead electrical wires
which cross the Fox River between National Street and
Chicago Street.
- Remove all Commonwealth Edison overhead electrical wires
and poles bound by the Fox River on the west, Wellington
Avenue on the east, the north edge of National Street on
the south and the south edge of Prairie Street on the
north, with two exemptions. First exemption: Pole and .
overhead wire remains at southwest corner of Prairie and
Wellington heading east. Second exemption: Pole and
overhead wire remains at southwest corner of Lake and
Wellington heading northeast.
- Install an underground conduit and manhole system en-
cased in concrete approximately 36" under the pavement
of National Street, Grove Avenue, Lake Street and Prai-
rie Street, connecting to the existing conduit and man-
hole system.
• .
Cost Sharing Agreement With Hyatt Development Corporation
October 22, 1993
Page 2
- Install the necessary underground cable in the new con-
duit and manhole system to continue electrical service
to the Elgin area..
- Install above-ground switching centers (self-contained
units, approximately 8'x8'x6 ' high) at various loca-
tions, as required.
- Install an overhead pole and wire system along the west
bank of the Fox River in front of the existing substa-
tion.
To date, Commonwealth Edison has completed the installation
of conduits on the National Street bridge.
Commonwealth Edison is currently finalizing the engineering
plans for this project.
FINANCIAL IMPACT
When costs for this project were developed, this project was
subdivided into three phases:
Phase I $484,716.47
Phase II 110,129.73
Phase III 54,280.85
National Street
Bridge Conduit
Overrun 15,000 .00
Total Cost $664, 127.05
Phase I involves bringing additional power to the riverboat
site and removing overhead lines in the project area.
Phase II encompasses the area north of Lake Street and south
of Prairie Street. Overhead lines would be relocated under-
ground.
Phase III involves removing and undergrounding the overhead
lines along Prairie Street.
Hyatt Corporation has agreed to be responsible for all costs
of Phase I. The cost for Phase II will be split between
Hyatt Corporation and the City since the improvements is
mutually beneficial to both parties. Phase III only benefits
the City, but it makes sense to proceed with the improvement
while the other improvements are being done.
Commonwealth Edison will discount the cost of the project by
the rate of .8035 if all the work is done at one time and the
work is authorized by a single customer.
Cost Sharing Agreement With Hyatt Development Corporation
October 22, 1993
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Page 3
The discounting brings the project cost down to $533,625.80.
The City's cost of this total would be $87,859 .27. Under the
proposed cost sharing agreement, the Hyatt Corporation will
contract with Commonwealth Edison for all three phases of the
project. The City will pay the Hyatt Corporation $87,859.22
at the completion of the project. The City's share of the
contract will be funded from Fund 392 .
RECOMMENDATION
•
Direct the staff to prepare a cost sharing agreement with
Hyatt Development Corporation for the electrical improvements
in the South Grove Avenue area.
�ht 4 .111I , J--
Rob-rt O. 'al
Interim City Manager
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