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03-351 Resolution No. 03-351 RESOLUTION AUTHORIZING EXECUTION OF A PARKING LOT LEASE WITH COMMUNITY COLLEGE DISTRICT NO. 509 (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 respectively authorized and directed to execute a written Parking Lot Lease agreement with Community College District No. 509, Counties of Kane, DuPage, Cook, McHenry and DeKalb of the State of Illinois for the premises commonly known as the Fulton Street parking lot property, Elgin, Illinois, 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 Omnibus 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 . V%W 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 U 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 vl�-- BY Mayor Its Chairman Attest: Attest : City Clerk Sec r pry COMMUNITY COLLEGE DISTRICT NO. 509, ELGIN COMMUNITY COLLEGE B S Y 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 day of :Y, ' 2003, by and between the City of Elgin, a municipal corporation organiAed 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 r 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- I 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 ayor President Attest : Attest : qj/ City Clerk Secr a F:\Legal Dept\Agreement\Lease-ECC Parking Lot.doc -3-