01-87 Resolution No. 01-87
RESOLUTION
AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT
WITH THE VILLAGE OF SOUTH ELGIN FOR THE
HOPPS ROAD AND SPRING STREET IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute an
Intergovernmental Agreement on behalf of the City of Elgin with
the Village of South Elgin relating to improvements of Hopps Road
and Spring Street, a copy of which is attached hereto and made a
part hereof by reference .
s/ John Walters
John Walters, Mayor Pro Tem
Presented: March 28, 2001
Adopted: March 28 , 2001
Vote : Yeas 5 Nays : 0
Attest :
s/ Suellyn Losch
Suellyn Losch, Deputy City Clerk
RAGREE/SEHOPPS
Draft 3/9/01
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF SOUTH ELGIN
RELATING TO IMPROVEMENTS OF HOPPS ROAD AND SPRING STREET
THIS AGREEMENT is hereby made and entered into this
28th day of March, 2001 by and between the Village of South
Elgin, a municipal corporation, (hereinafter referred to as
"Village" ) , and the City of Elgin, an Illinois municipal
corporation, (hereinafter referred to as "City" ) .
WHEREAS, Article 7, Section 10 of the Constitution of
the State of Illinois, authorizes units of local
government, including municipalities, to enter into
contracts, exercise, combine or transfer any power or
function not prohibited to them by law or ordinance; and
WHEREAS, Illinois Compiled Statutes, Chapter 5,
Section 220/1 et seq. , known as the Intergovernmental
Cooperation Act, authorizes units of local government in
Illinois to exercise jointly with any 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, Village and City recognize the need and
mutual benefit of the completed improvements to Hopps Road
and Spring Street between McLean Boulevard and Randall Road
in the City and Village (hereinafter referred to as "Hopps
Road Improvements") , as described and provided in the plans
prepared therefore by Baxter and Woodman Consulting
Engineers dated November 15, 1999, (hereinafter referred to
as "Hopps Road Plans" ) ; and
WHEREAS, the parties hereto have heretofore entered
into an agreement for Phase I Engineering Services for the
Hopps Road Improvements, dated March 14, 1995, a copy of
which is attached hereto and incorporated herein as
Attachment "A" (hereinafter referred to as "Phase I
Agreement") ; and
WHEREAS, the Village has acted as lead agency in order
to obtain federal funding for Phase I, Phase II and
Phase III Engineering Services, to Construct the Hopps Road
Improvements and to handle all administrative matters
related to the three Phases and such construction, lead
agency for the purposes of this Agreement being defined as
the entity responsible for all aspects of the project,
including, but not limited to, ensuring that engineering,
documentation, inspection and construction are completed in
accordance with approved Hopps Road Plans, and Illinois
Department of Transportation (IDOT) regulations and
coordinating with all parties participating in the Hopps
Road Improvements including, but not limited to, IDOT, Kane
County and City; and
WHEREAS, the Village, acting as the lead agency,
entered into an agreement for Engineering Consulting
Services with its consultant Baxter & Woodman Consulting
Engineers to prepare Phase II Engineering (Design) for the
Hopps Road Improvements and to complete Phase III
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Engineering (Inspection) for construction observation for
the Hopps Road Improvements; and.
WHEREAS, the Village through its consultant Baxter &
Woodman Consulting Engineers has completed Phase II
Engineering (Design) Services which determined the needs
and requirements for the Hopps Road Improvements; and
WHEREAS, the Village through its consultant Baxter &
Woodman Consulting Engineering has with the exception of
landscaping and punch list items completed Phase III
Engineering (Inspection) Services for the Hopps Road
Improvements; and
WHEREAS, the Village has with the exception of
landscaping and punch list items provided for the
construction of the Hopps Road Improvements; and
WHEREAS, the City is a home rule unit which may
exercise any power or perform any function relating to its
government and affairs; and
WHEREAS, the improvement of Hopps Road and Spring
Street as described herein relate to the government and
affairs of the City.
NOW, THEREFORE, in consideration of the above stated
preambles, the mutual promises and covenants contained
herein, and for other good and valuable consideration, the
sufficiency of which is hereby acknowledged by the parties
hereto, City and Village hereby agree as follows :
1 . That the foregoing recitals are incorporated into
this agreement in their entirety.
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2 . The Phase I Agreement requires Village, City and
Kane County to share equally the costs of Phase I
Engineering in the amount of $54, 065 . Village and the City
hereby agree to modify the Phase I Agreement to increase
the agreement by $25, 200 for a total final fee for Phase I
Engineering in the amount of $79, 265 . 00 . It is
acknowledged that the Village has secured Federal funding
from the federal government through IDOT in the amount of
50 percent (50%) of the cost of Phase I engineering
Services, resulting in the local share being $39, 632 . 50,
which shall be shared equally between the Village, the City
and Kane County, with the Village ' s share being $13, 210 . 83,
the City' s share being $13 , 210 . 83 and Kane County' s share
proposed to be $13 , 210 . 83 . The Village shall seek
reimbursement from Kane County for Kane County' s proposed
additional share. The City agrees to pay to the Village
the balance of the City' s share of $13, 210 . 83 for Phase I
Engineering fees within thirty (30) days of the execution
of this Agreement .
3 . Village and City agree that the final fee for
Phase II Engineering (Design) Services for the Hopps Road
Improvements is in the amount of $85, 670 . 00 . It is
acknowledged that Village has secured funding from the
Federal government through IDOT in the amount of fifty
percent (50%) of the cost of Phase II Engineering Services,
resulting in the local share being $42 , 835 . 00, of which the
City agrees to pay the amount of $21, 417 . 50 . The City
agrees to pay to the Village $21, 417 . 50 for Phase II
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Engineering fees within thirty (30) days of the execution
of this Agreement .
4 . Village and City agree that the final fee for
Phase III Engineering (Inspection) Services for the Hopps
Road Improvements is in the the amount of $197 , 215 . 00 . It
is acknowledged that the Village has secured funding from
the Federal Government through IDOT in the amount of
seventy-five percent (75%) of the cost of Phase III
Engineering Services, resulting in the local share being
$49, 303 . 75, of which the City agrees to pay the amount of
$24, 651 . 88 . The City agrees to pay to the Village
$24, 651 . 88 for Phase III Engineering fees within thirty
(30) days of completion of all Phase III Engineering
Services and receipt from the Village of written
notification thereof and a final statement therefor.
5 . Village and City agree that the final costs for
Construction for the Hopps Road Improvements shall not
exceed the amount of $1, 565, 000 . 00 . The final costs for
construction of the Hopps Road Improvements are expected to
be known by June 1, 2001 . It is acknowledged that the
Village has secured funding from the Federal government
through IDOT in the amount of seventy-five percent (75%) of
the aforementioned costs of construction, resulting in the
local share being twenty-five percent (25%) , or an amount
not to exceed $391, 250 . 00, of which the City agrees to pay
fifty percent (50%) thereof in the amount not to exceed
$195, 625 . 00 . The Village shall cause the construction of
the Hopps Road Improvements to be completed by June 1,
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2001, and in conformance with the Hopps Road Plans . The
City agrees to pay to the Village the amount not to exceed
$195, 625 . 00 for the construction of Hopps Road Improvements
within thirty (30) days of the final completion of the
construction of the Hopps Road Improvements and receipt
from the Village of written notice thereof and a final
statement detailing the costs therefor.
6 . City and Village each acknowledge and agree that
they shall each respectively receive approximately one-half
of the benefit of the Phase I, Phase II and Phase III
Engineering Services and Construction of the Hopps Road
Improvements as aforesaid.
7 . It is agreed that the City' s portions of the
local share of costs for the Phase I, Phase II and
Phase III Engineering Services and for the construction of
the Hopps Road Improvements shall not exceed the amounts as
specified herein and that the City' s responsibility for
Engineering Services and Construction costs may only be
increased by way of formal written amendment to this
agreement approved by both parties hereto.
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 effective unless in writing, approved by
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the governing body of each party, and signed by their
respective president or mayor.
10 . This agreement shall inure to the benefit of the
parties hereto, their heirs, successors, and assigns . o0
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11. This agreement shall not be construed so as to 3
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create a joint venture, partnership, employment or agency
relationship of any kind between the parties hereto, except rl
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as specifically provided for herein. 0 u4-1
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12 . The terms of this agreement shall be severable. (I >,.2
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In the event any of the terms or provisions of this cs a a
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agreement shall be deemed to be void or otherwise 3 ail
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unenforceable for any reason, the remainder of this 140,2
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agreement shall remain in full force and effect . 4., El ca
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13 . This agreement shall be subject to and governed ,;.aca
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by the laws of the State of Illinois . Venue for the �, „ 3
resolution of any disputes and the enforcement of any ,,,• '5r4N
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rights arising out of or in connection with this agreement ',br
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shall be in the Circuit Court of Kane County, Illinois.
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14 . That this agreement is and shall be deemed and 4-1 H
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construed to be a joint and collective work product of the .1 w „
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City and the Village and, as such, this agreement shall not o .t1c„
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be construed against the other party, as the otherwise g o
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purported drafter of same, by any court of competent cal, 2
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jurisdiction in order to resolve any inconsistency, a�'i o 2
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ambiguity, vagueness or conflict, if any, in the terms or
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provisions contained herein. ▪ •0 "
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15 . This Intergovernmental Agreement is contingent o o .
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upon* the Fox River Water Reclamation District executing and A
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delivering to the City of Elgin on or before April 6, 2001
the original of the Assignment of Grant of Easement between
the Fox River Water Reclamation District and the City of
Elgin, a copy of which is attached hereto as Exhibit B.
16 . This Intergovernmental Agreement is further
contingent upon the City of Elgin and Village of South
Elgin concurrently with the entry into and execution of
this Intergovernmental Agreement also executing, entering
into and thereafter performing the Amendment to an
Intergovernmental Agreement between the City of Elgin and
the Village of South Elgin dated March 28, 2001, providing
for certain amendments to an Intergovernmental Agreement
between the City of Elgin and the Village of South Elgin
dated December 2, 1998 .
IN WITNESS WHEREOF, the parties hereto have caused the
execution of this Agreement by their duly authorized
officers as of the day and year first above written.
CITY OF ELGIN, ILLINOIS VILLAGE OF SOUTH ELGIN,
ILLINOIS
By: By: -
Ed Schock Rick A. Zirk
Mayor Village President
Attest : Attest :
tAi4i
V-CAA-4-61d
Dolonna Mecum Diane J. ruish
City Clerk Village Clerk Oti_� OF so
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APRIL 20
1807
..17 OF
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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 EIgin an
IIIinois 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
- ATTACHMENT A
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 (354,065.00).
. 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, resulting in the local share being the sum of twenty seven thousand thirty two
dollars and fifty cents (327,032.50).
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 (39,011.00) for each
of the parties 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 (39,011.00).
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 terra:
RAGREE/FRWRD.AE
DRAFT 2/23/01
THIS INSTRUMENT
PREPARED BY & MAIL
TO AFTER RECORDING:
William A. Cogley
Corporation Counsel
City of Elgin
Legal Department
150 Dexter Court
Elgin, IL 60120-5555
ASSIGNMENT OF EASEMENT GRANT
THIS AGREEMENT made and entered into this / day of
/-(-)--
)0V , 2001, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City" ) ,
and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois
municipal corporation (hereinafter referred to as "FRWRD" ) .
WITNESSETH
WHEREAS, FRWRD has previously received an Easement Grant
from Bill Anest, Olga Anest, Peter Anest and Thalia Anest,
dated March 21, 1991, and recorded on May 2 , 1991 as Document
Number 91K21584 , and amended by a Certificate of Correction
recorded on January 2, 1992 as Document Number 92K00046, a
copy of which is attached hereto as Exhibit A (such Easement
Grant is hereinafter referred to as the "Subject Easement
Grant" ) ; and
, WHEREAS, the Subject Easement Grant permits FRWRD to
assign all or any part of its interests therein to the City of
Elgin; and
Exhibit B
WHEREAS, the City and FRWRD have agreed to enter into
this Assignment Agreement whereby FRWRD shall assign to the
City and the City shall assume all rights and obligations of
FRWRD regarding the Subject Easement Grant on a non-exclusive
basis as to those portions of the easement premises described
within the Subject Easement Grant lying easterly of the east
line of Juli Drive for the purpose of installing, constructing
and maintaining a parallel sewer commonly referred to as the
BRIS I Parallel Sewer, also referred to as the BRIS IB.
NOW, THEREFORE, for and in consideration of Ten Dollars
($10 . 00) in hand paid to FRWRD, the mutual promises and
undertakings contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1 . That the foregoing recitals are incorporated into
this agreement in their entirety.
2 . That FRWRD hereby assigns to the City all of its
rights, obligations, title and interest in and to the Subject
Easement Grant, a copy of which is attached hereto as
Exhibit A, as to those portions of the easement premises
described within the Subject Easement Grant lying easterly of
the east line of Juli Drive and subject to the reservation
hereinbelow.
3 . That the City hereby accepts such assignment from
FRWRD and assumes all of FRWRD ' s rights, obligations, title
2
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and interest in and to those portions of the easement premises
of the Subject Easement Grant herein assigned.
4 . That FRWRD reserves the right to use the easement
assigned for its corporate purposes, (including the
installation of the BRIS I Parallel Sewer, if the City fails
to complete construction within a reasonable time) so long as
such use does not interfere with the City' s use thereof and
subject to the City' s prior written approval, which shall not
be unreasonably denied, delayed or withheld.
5. That the City and FRWRD agree that this Assignment
Agreement shall be recorded by the City with the Kane County
Recorder.
IN WITNESS WHEREOF, the parties hereto have executed this
Assignment and Assumption Agreement as of the date first
written above.
CITY OF ELGIN FOX VALLEY WATER RECLAMATION
DISTRICT
By �i�J��,�/ By , ) /��/�
Schock, Mayor President :o d4 bf
Y ���
Trustees
Attest : Atte W471-1"4
/?k_-tom
Dolonna Mecum Clerk, 'hoard of rustees
City Clerk
3
STATE OF ILLINOIS )
ss
COUNTY OF K A N E )
I , the undersigned, a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that Ed
Schock, Mayor, and Dolonna Mecum, City Clerk, personally known
to me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person
and acknowledged that they signed and delivered the said
instrument as their free and voluntary act for the uses and
purposes therein set forth.
Given under my hand an official seal, this \ \ 'day
of 1„- , 2001 .
Notary Public
4 OFFICIAL SEAL
STATE OF ILLINOIS ) 4 NANCY ROLL
ss 4 NOTARY PUBLIC, STATE OF ILLINOIS
COUNTY OF KANE ) 4 My Commission Expires Aug. 10, 2001 1
`5e,Ilir 6'lir N'N.,"' Nie"r''VV'V" "
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid do hereby certify that
,> i'a. Jai I.n- President and Piel)C _ >rn
. CO ,
Clerk, are persona ly known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that they signed
and delivered the said instrument as their free and voluntary
act for the uses and purposes therein set forth.
abfin
Given under my hand an official sea this day
of rff , 2001 .
Ppr
"OFFICIAL SEAL"
DOUGLAS J. SCHEFLOW
'��--,. y ��UA No .ry Public
4
EXHIBIT A
(COPY OF ANEST GRANT OF EASEMENT TO BE ATTACHED)
5
April 17 , 2001
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Corporation Counsel
SUBJECT: Amendment to Intergovernmental Agreement with South
Elgin, Intergovernmental Agreement with South Elgin
Relating to Improvements of Hopps Road and Spring
Street and Assignment of Easement from FRWRD
Attached for the City Clerk' s files are original executed
copies of the following agreements :
1 . An amendment agreement dated March 28 , 2001 with the
Village of South Elgin providing for specified amendments
to a previous intergovernmental agreement dated
December 2 , 1998 .
2 . An intergovernmental agreement with the Village of South
Elgin relating to improvements of Hopps Road and Spring
Street .
3 . An assignment of easement agreement with the Fox River
Water Reclamation District providing for FRWRD ' s
assignment of a portion of a previous easement grant to
the city. I am arranging for the recording of this
assignment agreement .
WV./V/
WAC
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Attachments