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03-350 Resolution No. 03-350 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE PUBLIC BUILDING COMMISSION OF KANE COUNTY AND COMMUNITY COLLEGE DISTRICT NO. 509, ELGIN COMMUNITY COLLEGE (Fulton Street Parking Lot) 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 Amendment to Intergovernmental Cooperation Agreement on behalf of the City of Elgin with the Public Building Commission of Kane County and Community College District No. 509, Elgin Community College for the Fulton Street parking lot, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: December 3, 2003 Adopted: December 3, 2003 Vote: Yeas: 6 Nays : 0 Recorded: December 4, 2003 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk May 17 , 2004 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Corporation Counsel SUBJECT: Amendment to Intergovernmental Cooperation Agreement Between the City of Elgin, Elgin Community College and the Public Building Commission of Kane County and the Lease Regarding Same Attached for the city clerk' s files is a fully executed copy of the above-referenced agreement . WAC WAC mg Attachment AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT THIS AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT is made and entered into this 13th day of January, 2004 , by and between the CITY OF ELGIN, Illinois, a municipal corporation organized and existing under the laws of the State of Illinois, (the "City" ) , the PUBLIC BUILDING COMMISSION OF KANE COUNTY, Kane County, Illinois, (the "Commission") and COMMUNITY COLLEGE DISTRICT NO. 509, ELGIN COMMUNITY COLLEGE, State of Illinois, (the "College") . WITNESSETH WHEREAS, the City, the Commission and the College have as of June 1, 1987, previously entered into an Intergovernmental Cooperation Agreement (hereinafter referred to as the "Subject Intergovernmental Cooperation Agreement" ) ; and WHEREAS, the parties wish to amend the Subject Intergovernmental Cooperation Agreement to correct the reference to a legal description for real estate described therein and to provide for certain other agreements between the parties as provided herein. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth in the Subject Intergovernmental Cooperation Agreement, and in consideration of the mutual undertakings as set forth in this Amendment to Intergovernmental Cooperation Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Section 1 of the Subject Intergovernmental Cooperation Agreement entitled "Definitions" be and is hereby amended by amending the definition of "Site" in such Section 1 to read as follows : ""Site" means the property commonly known as the Elgin Community College Fountain Square Campus with a common address of 51 S . Spring Street, Elgin, Kane County, Illinois 60120 and legally described as follows : Lots 7, 8 , 9 and 10 and that part of Lots 5, 6, 11 and 12 lying Southwesterly of the Southwesterly right-of-way line of the Chicago and Northwestern Railway Company, all in Block 12 of the Original Town of Elgin, on the East side of Fox River, in the City of Elgin, Kane County, Illinois, including all improvements and structures thereon. " 2 . That within thirty (30) days of the entry into this Amendment to Intergovernmental Cooperation Agreement and concurrently with the delivery of the deeds to the City referred to in paragraph 3 hereof the City shall provide to the Commission a quit claim deed in recordable form quit claiming and conveying to the Commission any and all right, title or interest of the City in or to the Site but excepting and reserving therefrom a reservation by and for the City to any and all right, title or interest in or to the adjacent right-of-way line of the Chicago and Northwestern Railway Company (now also known as the abandoned Union Pacific 2 Railroad Company right-of-way) located between the south line of DuPage Street on the north and the north line of Fulton Street on the south. Such deed shall be recorded by the Commission at the Commission' s cost with the Kane County Recorder. 3 . That the parties hereto understand and agree that the City is the record titleholder of the property commonly known as the Fulton Street Surface Parking Lot located between Fulton Street and Prairie Street and legally described as follows : Lot 5 and the East Quarter of Lot 12 and that part of Lots 3, 4, 13 , 14 and 16 lying Southwesterly of the right of way of the Chicago and Northwestern Railway Company, all in Block 13 of the Original Town of Elgin, on the East side of the Fox River, in the City of Elgin, Kane County, Illinois . (such property is hereinafter referred to as the "Subject Fulton Street Parking Lot Property") . 4 . That in order to resolve any ambiguities concerning property interests in the Subject Fulton Street Parking Lot Property the Commission and the College hereby agree that except for the lease referred to in paragraph 5 hereof and attached hereto as Exhibit A and except for the provisions of paragraph 5 hereof that the Commission and the College have no other right , title or interest in or to the Subject Fulton Street Parking Lot Property. Within thirty (30) days of the entry into and execution of this Amendment to Intergovernmental Cooperation Agreement and 3 concurrently with the delivery of the deed to the College referred to in paragraph 2 hereof the Commission and the College shall each provide to the City a quit claim deed in recordable form quit claiming and conveying to the City any and all right, title or interest of the Commission and the College in or to the Subject Fulton Street Parking Lot Property. Such deeds shall be recorded by the City at the City' s cost with the Kane County Recorder. 5 . That it is understood that the City intends to construct a public parking garage structure on the Subject Fulton Street Parking Lot Property on property which includes the Subject Fulton Street Parking Lot Property. The City and the College agree that the College may continue to use the Subject Fulton Street Parking Lot Property pursuant to the Parking Lot Lease attached hereto as Exhibit A for the purpose of providing parking spaces for the students, faculty and staff of the College until such time as the City determines it requires such property for the construction of the City' s public parking garage . Concurrently with the Commission' s and College ' s delivery of the quit claim deeds to the City for the Fulton Street Parking Lot Property, as provided in paragraph 4 hereof, the City and the College shall enter into the Parking Lot Lease attached hereto as Exhibit A. 6. That it is further agreed and understood between the City and the College that the City' s proposed public parking garage on the Subject Fulton Street Parking Lot Property and other adjacent 4 property is intended by the City to be available for the use by the general public including, but not limited to the students, faculty and staff of the College. If at any time while the College is still operating its adjacent Fountain Square Campus Property, the City designates and reserves parking spaces within the subject parking garage for the sole and exclusive use for persons or organizations other than the students, faculty and staff of the College then it is agreed that the City shall also at such and during such time designate and reserve for students, faculty and staff of the College an equal number of designated and reserved parking spaces but not to exceed a total number of eighty-three (83) designated and reserved parking spaces for students, faculty and staff of the College . 7 . That except as specifically amended in this Amendment to Intergovernmental Cooperation Agreement the Subject Intergovernmental Cooperation Agreement shall remain in full force and effect. 8 . That in the event of any conflict between the terms and provisions of the Subject Intergovernmental Cooperation Agreement and the terms and provisions of this Amendment to Intergovernmental Cooperation Agreement, the terms and provisions of the Amendment to Intergovernmental Cooperation Agreement shall control . 5 IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment to Intergovernmental Cooperation Agreement on the date and year first written above. CITY OF ELGIN, a municipal PUBLIC BUILDING COMMISSION OF corporation KANE COUNTY, KANE COUNTY, ILLINOIS 13Y ky _� Mayor Its Chairman Attest : Attest : City Clerk Sec r ry COMMUNITY COLLEGE DISTRICT NO. 509, ELGIN COMMUNITY COLLEGE By S , S President Attest : Secretary F:\Legal Dept\Agreement\ECC-Amend Intergovt Coop Agr.doc 6 Draft 11/6/03 PARKING LOT LEASE THIS LEASE made and entered into this 31 Kday of _ 2003, by and between the City of Elgin, a municipal corporation organiped and existing under the laws of the State of Illinois (hereinafter referred to as the "City" ) and Community College District No. 509, Counties of Kane, DuPage, Cook, McHenry and DeKalb, of the State of Illinois (hereinafter referred to as "ECC" ) . WITNESSETH WHEREAS, the City is the owner of certain real property improved with a surface parking lot and located on the south side of Fulton Street, commonly known as the Fulton Street Parking Lot and legally described as follows : Lot 5 and the East Quarter of Lot 12 and that part of Lots 3 , 4, 13 , 14 and 16 lying Southwesterly of the right of way of the Chicago and Northwestern Railway Company, all in Block 13 of the original Town of Elgin, on the East side of the Fox River, in the City of Elgin, Kane County, Illinois. (Such property is hereinafter referred to as the "Subject Fulton Street Parking Lot Property" ) ; and WHEREAS, ECC operates the nearby ECC Fountain Square Campus at the property commonly known as 51 S . Spring Street, Elgin, Illinois; and WHEREAS, ECC desires to lease from the City the Subject Fulton Street Parking Lot Property for the purpose of providing parking spaces for the students, faculty and staff of ECC. NOW, THEREFORE, for and in consideration of the mutual 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 . The City hereby leases to ECC and ECC hereby leases from the City the Subject Fulton Street Parking Lot Property. 2 . ECC shall use and occupy the subject Fulton Street Parking Lot Property for the purpose of providing parking spaces for the students, faculty and staff of ECC during such times when said students, faculty and staff are attending classes, performing duties or otherwise engaged in activities at the ECC ' s Fountain Square Campus located at 51 S . Spring Street, Elgin, Illinois . Exhibit A 3 . The term of this agreement shall commence upon the date of this Lease and shall continue thereafter on a month-to-month basis . This Lease may be terminated by either party upon thirty (30) days advance written notice to the other. Upon such termination of this lease, ECC shall vacate the Subject Fulton Street Parking Lot Property and surrender possession thereof to the City. 4 . ECC shall pay to the City as rent the sum of $1 .00 per month. 5 . ECC shall be responsible for all snow removal and any other maintenance of the Subject Fulton Street Parking Lot Property to permit such property to be used as described in this lease . ECC shall maintain the subject Fulton Street Parking Lot Property in a state of repair so that it is in a condition substantially equivalent to the condition existing at the commencement of this Lease. 6 . ECC shall to the fullest extent permitted by law indemnify, defend and hold harmless the City from and against any and all liability, damages, costs, suits or actions caused by or arising out of the negligent acts or omissions of ECC its employees, officers or agents with respect to the Subject Fulton Street Parking Lot Property. 7 . The City shall to the fullest extent permitted by law indemnify, defend and hold harmless ECC from any and all liability, damage, claims, suits or actions caused by or arising out of negligent acts of omissions of the City, its employees, officers and agents with respect to the subject Fulton Street Parking Lot Property. 8 . It is expressly understood by the parties that only vehicles properly displaying certain designated stickers shall be permitted to use the subject Fulton Street Parking Lot Property. The sticker shall be in a form designated and approved by the Finance Director of ECC and shall be displayed upon the rear window of the vehicle. ECC expressly requests, consents and understands that vehicles not displaying a designated sticker will be subject to fine and/or removal by the City from said lot at the expense of the vehicle owner pursuant to the Elgin Municipal Code, 1976, as amended. 9 . Any notice given under this Lease shall be in writing and shall be deemed to have been given when hand delivered or deposited in the U. S . mail, certified or registered, return receipt requested, addressed as follows : IF TO THE CITY: IF TO ECC: City of Elgin Elgin Community College 150 Dexter Court 1700 Spartan Drive Elgin, IL 60120-5555 Elgin, IL 60123 Attention: City Manager Attention: President -2- IN WITNESS WHEREOF, the parties hereto have entered into and executed this Lease on the date and year first written above. CITY OF ELGIN COMMUNITY COLLEGE DISTRICT NO. 509 COUNTIES OF KANE, DUPAGE, COOK, McHENRY AND DeKALB OF THE STATE OF ILLINOIS By By J Mayor President Attest : Attest : �9� qjl"""d City Clerk Secr a F:\Legal Dept\Agreement\Lease-ECC Parking Lot.doc -3- November 26, 2003 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: David M. Dorgan, City Manager William A. Cogley, Corporation Counsel SUBJECT: Amendment to Intergovernmental Agreement Between the Public Building Commission of Kane County, Elgin Community College, and the City of Elgin PURPOSE To present to the Mayor and members of the City Council a proposed amendment to an intergovernmental cooperation agreement between the Public Building Commission of Kane County, Elgin Community College, and the City of Elgin. BACKGROUND The Public Building Commission of Kane County, Elgin Community College and the City entered into an intergovernmental cooperation agreement dated June 1, 1987 . A copy of the subject intergovernmental cooperation agreement is attached. Such agreement was intended to provide for the following undertakings of the parties : 1 . The City was to convey to the Public Building Commission of Kane County the property commonly known as 51 S . Spring Street and which now has located thereon the Elgin Community College Fountain Square Campus . 2 . The Public Building Commission of Kane County issued bonds for the improvement of the Fountain Square Campus . Such bonds were purchased by the City. 3 . The Public Building Commission of Kane County leased the Fountain Square Campus property to Elgin Community College until such time as the bonds were paid. Thereafter such property would be owned by Elgin Community College . Amendment to Intergovernmental Cooperation Agreement November 26, 2003 Page 2 As part of the City' s investigations of property ownership in connection with the proposed construction of a public parking garage between Fulton Street and Prairie Street, the City has discovered an error in the legal description in the subject intergovernmental cooperation agreement . The subject intergovernmental cooperation agreement incorrectly refers to the legal description of the site to be conveyed by the City to the Public Building Commission of Kane County as the legal description of the surface parking lot located between Fulton Street and Prairie Street instead of the legal description of 51 S. Spring Street which is the Fountain Square Campus . A map depicting the location of 51 S . Spring Street and the Fulton Street surface parking lot to the south is attached. Title records show that the City of Elgin is the record titleholder of the Fulton Street surface parking lot property and that the City is also still the record title holder of 51 S . Spring Street being the Fountain Square Campus property. Apparently no property conveyance by the City to the Public Building Commission ever took place following the entry into the subject intergovernmental cooperation agreement . Further confusing matters is the fact that the lease to be entered into as part of the subject intergovernmental cooperation agreement between the Public Building Commission of Kane County and Elgin Community College refers to both the 51 S . Spring Street Fountain Square Campus property and the Fulton Street surface parking lot property to the south. The resolution of the Public Building Commission of Kane County authorizing and providing for the issuance of the bonds to improve the Fountain Square Campus property refers only to the legal description of the 51 S . Spring Street Fountain Square Campus property. Elgin Community College has been using and occupying both the 51 S . Spring Street Fountain Square Campus property and the Fulton Street surface parking lot property to the south since the subject 1987 intergovernmental cooperation agreement . Elgin Community College was also using and occupying both such properties prior to such date pursuant to leases with the City of Elgin. The reference in the subject intergovernmental agreement only to the Fulton Street surface parking lot south of Fulton Street and not providing any reference to the 51 S . Spring Street Fountain Square Campus property was an obvious error. The fact that the subsequent lease document between the Public Building Commission of Kane County and Elgin Community College refers to both Amendment to Intergovernmental Cooperation Agreement November 26, 2003 Page 3 parcels while the resolution of the Public Building Commission of Kane County authorizing and providing for the issuance of the subject bonds refers only to the 51 S . Spring Street Fountain Square Campus property creates some uncertainty as to whether the parties intended for the Fulton Street Surface Parking Lot Property to be included as part of the intergovernmental cooperation agreement . These circumstances along with Elgin Community College' s use and occupancy of the Fulton Street Surface Parking Lot Property since at least 1987 create a cloud on the City' s title to such property. In order to correct the erroneous reference to the legal description of the site to be conveyed in the subject intergovernmental agreement and in order to remove the cloud on the City' s record title on the Fulton Street Parking Lot Property an amendment to the subject 1987 intergovernmental cooperation agreement is required. Attached is a draft proposed amendment to the subject 1987 intergovernmental cooperation agreement between the Public Building Commission of Kane County, Elgin Community College and the City. Such amendment to the intergovernmental cooperation agreement would provide as follows : 1 . Section 1 of the intergovernmental cooperation agreement would be amended to provide for the correct legal description of the Fountain Square Campus site at 51 S . Spring Street . The City would then convey 51 S . Spring Street to the Public Building Commission of Kane County by a quit claim deed. 2 . That in order to resolve any ambiguities concerning property interests in the subject Fulton Street parking lot property the Public Building Commission of Kane County and the Elgin Community College would provide the City quit claim deeds to such Fulton Street parking lot property. 3 . The City and Elgin Community College would enter into a month-to-month lease for the subject Fulton Street parking lot property which would allow Elgin Community College to use such surface parking lot until such, time as the City determines it requires such property for construction of the City' s public parking garage . The rent would be the nominal amount of $1 per month. Amendment to Intergovernmental Cooperation Agreement November 26, 2003 Page 4 4 . If at any time while the Elgin Community College is still operating its adjacent Fountain Square Campus property, the City designates and reserves parking spaces within the subject parking garage for the sole and exclusive use for persons or organizations other than the students, faculty and staff of the college, then the City would also at such and during such time designate and reserve for students, faculty and staff of the college an equal number of designated and reserved parking spaces but not to exceed a total number of 83 designated and reserved parking spaces for students, faculty and staff of the college . Such not- to-exceed total number of designated and reserved parking spaces is the total number of parking spaces which exist within the current Fulton Street parking lot property. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Representatives of Elgin Community College and the Public Building Commission of Kane County. FINANCIAL IMPACT None . LEGAL IMPACT The intergovernmental cooperation agreement should be amended to provide for the correct legal description and to allow for the conveyance of the property intended in the original agreement . The amendment to the intergovernmental cooperation agreement would also allow the City to resolve title issues concerning the Fulton Street parking lot thereby allowing the City to proceed with the remaining property acquisitions necessary for the proposed parking garage site . ALTERNATIVES Given the error in the legal description of the intergovernmental cooperation agreement and given the ambiguities concerning interests in the Fulton Street parking lot property an amendment to the intergovernmental cooperation agreement in some form is required. Amendment to Intergovernmental Cooperation Agreement November 26, 2003 Page 5 RECOMMENDATION It is recommended that the Mayor and Members of the City Council approve the proposed amendment to the intergovernmental cooperation agreement . It is also recommended that the Mayor and Members of the City Council approve the related month-to- month parking lot lease for the lease of the Fulton Street parking lot to Elgin Community College . Respectfully submitted for Council consideration. WAC/mg Attachment