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95-80 Kane County Agreement STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO 95- APPROVING INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF KANE, THE CITY OF ELGIN AND THE VILLAGE OF SOUTH ELGIN REGARDING THE IMPROVEMENT OF HOPPS ROAD AND SPRING STREETS WHEREAS, the County of Kane (hereinafter County, the City of Elgin (hereinafter City) and the Village of South Elgin (hereinafter Village) desire to cooperate amongst themselves and investigate the improvement of Hopps Road and Spring Street; and, WHEREAS, it is necessary that a Phase I Engineering Study be conducted in order to determine the needs and requirements of said improvement; and, WHEREAS, the County, the City and the Village, as set forth in the attached intergovernmental agreement (on file with the County Clerk) have determined an equitable manner in dividing the costs and responsibilities for said study. NOW, THEREFORE BE IT RESOLVED, by the County Board of Kane County that the Chairman thereof is hereby authorized to execute the attached intergovernmental agreement. BE IT FURTHER RESOLVED, that the costs, in the amount of Nine Thousand Eleven and 00/100 Dollars ($9, 011. 00) incurred by the County pursuant to said agreement be appropriated and paid for from County Highway Matching Fund #034, Line Item #513 . Passed by the Kane County Board on S.A s\ `\ \VAS, Clerk, County Board = Chairman, Co my Board Kane County, Illinois Kane County, Illinois rFigli17747i MAY 2 3 1995 3hopprd.4pj CITY OF ELGIN ENGINEERING DEPT. Intergovernmental Agreement Between the County of Kane, the City of Elgin and the Village of South Elgin to Share Costs For Phase One Project Report for the Improvement of Hopps Road and Spring Street. This Agreement entered into this Day of March, 1995 by and between the County of Kane a body corporate and politic of the State of Illinois (hereinafter the County), the Village of South Elgin an Illinois municipal corporation (hereinafter the Village) and the City of Elgin, an Illinois municipal corporation, (hereinafter the City). WITNESSETH WHEREAS, the County the Village and the City recognizes the need to improve Hopps Road and Spring Street between McLean Boulevard and Randall Road in the City of Elgin and the Village of South Elgin. WHEREAS,the County the City and the Village are authorized, pursuant to the Illinois Constitution of 1970 as well as the Illinois Compiled Statutes, 5 ILCS 220 et seq. to co-operate and to enter into agreements with one another for their common benefit; and, WHEREAS, it is necessary to conduct Phase I Engineering Study to determine the needs and requirements for said improvement; and, NOW THEREFORE, in consideration of the above stated preambles and for good and valuable consideration the sufficiency of which is hereby acknowledged by the parties hereto, the County, the City and the Village agree as follows; to wit, 1. The Village shall act as lead agency in order to obtain federal funding for the preparation of the Phase I Engineering Study and to handle all administrative matters related thereto. 2. The Village shall enter into an Agreement for Engineering Consulting Services for the preparation of the Phase I Engineering Study for the improvement and shall pay the consultant for said consulting services subject to the reimbursement as set forth hereinbelow. 3. The County, the Village and the City agree that the fee for said consulting services shall not exceed the amount of fifty four thousand and sixty five dollars ($54,065.00). 4. The Village shall seek reimbursement from the federal government through the Illinois Department of Transportation in the amount of fifty percent (50%) of the cost of the Phase I Engineering Study, resultine in the local share being the sum of twenty seven thousand thirty two dollars and fifty cents ($27,032.50). 5. The County, the City and the Village each acknowledge that they shall each respectively receive approximately one third of the benefit of the Phase I Engineering Study as aforesaid. 6. The County, the City and the Village agree that their respective portions of the local share for the Phase I Engineering Study shall not exceed nine thousand eleven dollars ($9,011.00) for each of the parries hereto. The respective portions of the local share for the Phase I Engineering Study as set forth in this paragraph may be increased upon written approval of all parties hereto. 7. Upon completion of Phase I Engineering and contingent upon the subsequent approval of said Phase I Engineering Study by the Illinois Department of Transportation, both the County and the City shall reimburse the Village for their respective share of the Phase I Engineering Study. In no event shall the respective share of any party hereto exceed nine thousand eleven dollars ($9,011.00). 8. The failure of any party hereto at any time, to insist upon performance or observation of any term, covenant, agreement or condition contained herein shall not in any manner be construed as a release of any right of that party hereunder or as waiver of any right to enforce any term, • covenant, agreement or condition herein contained. 9. No purported oral amendment, change or alteration hereto shall be allowed. Any amendment shall be in writing. approved by the governing body of each party and signed by their respective president. chairman or mayor. 10. This agreement shall inure to the benefit of the parties hereto their heirs successors and assigns. The County of Kane . By C-) L/A air � Warren Kammerer County Board Chairman ATTES ap„..__ — '-Lorraine Sava Sava County Clerk The City of Elgin By: t.•^-�, Mayor ATTEST: / „.0 , , City Clerk Village of South Elgin • By: -�-_ Attest: /L:/cuL//� � �C'��C,�-> / Mayor Village Clerk