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05-165 Resolution No.05-165 RESOLUTION AUTHORIZING EXECUTION OF A GRANT APPLICATION FROM THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE FAR WEST REGIONAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a grant application on behalf of the City of Elgin from the Illinois Department of Natural Resources for the acquisition of property for a Far West Regional Park, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 25, 2005 Adopted: May 25, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk STATE OF ILLINOIS I IDNR DOC 3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1.Project Sponsor: City of Elgin 2.Project Title:Elgin Regional Paris The City of Elgin hereby certifies and acknowledges that it has 100%of the funds 00aiPr%- necessary(includes cash and value of donated land)to complete the pending OSLAD/LWCF project within the timef:rames specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grantterminationwhich will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination Acquisition Proiects It is understood that the project sponsor has up to twelve(12)months following project approval to acquire the subject property(petition to condemn must be frled for acquisitions involving eminent domain)and three(3)months following acquisition closing to submit a final reimbursement billing request to the IDNR(excluding eminent domain cases). Development Proiects It is understood that the local project sponsor has six (6) months following project approval to initiate project development and a total of 24 months to complete said development with a Final Billing request submitted to IDNR within throe(3)months following completion. The City of Elgin further acknowledges and certifies that it will comply with all terms,conditions a regulations of 1)the Open Space Lands Acquisition and Development(OSLAD)program(17 IL Adm. Code 3025)or federal Land&Water Conservation Fund(L WCF)program(17 IL Adm.Code 3030),as applicable,2)the federal Uniform Relocation Assistance&Real Property Acquisition Policies Act of 1970(P.L.91-646)and/or the Illinois Displaced Persons Relocation Act(3101LCS 40 et.seq.),as applicable,3)the Illinois Human Rights Act(775 ILCS 5/1-101 et.seq.),4) Title VI of the Civil Rights Act of 1964,(P.L.83-352),5)the Age Discrimination Act of 1975(P.L.94-135),6)the Civil Rights Restoration Act of 1988,(P.L.100-259)and 7)the Americans with Disabilities Act of 1990(PL 101-336);and will maintain the project area in an attractive and safe conditions,keep the facilities open to the general public during reasonable hours consistent with the type of facility,and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion;and for property acquired with OSLAD/LWCF assistance,agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used,in perpetuity,for public outdoor recreation purposes in accordance with the OSLAD/LWCF programs and cannot be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the City of Elgin certifies to the best of its knowledge that the information provided within the attached application is true and correct. This Resolution of Authorization has been duly discussed and adopted by the City of Elgin a«WaM- at a legal meeting held on the 25 day of May ,2005 {Auth ed Signature) City f1Aaa e ATTESTED BY: -Q.@,(tw— (title) City Clerk (tine) Rev.1/01 izOC 6 ASSURANCE OF COMPLIANCE ASSURANCE OF COMPLIANCE City of Elgin (hereinafter called"Applicant-Recipient"), HEREBY (1ool agency name) AGREES THAT IT will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), Section 504 of the Rehabilitation Act of 1973(P.L.93-112)as amended,the Age Discrimination Act of 1975(P.L.94-135),the Civil Rights Restoration Act of 1988(P.L.I00-259)and theAmericans with DisabilitiesAct of 1990(PL 101-336),and all requirements imposed by or pursuant to the U.S. Department of the Interior Regulation(43 CFR 17)issued pursuant to these laws,to the end that no person in the United States shall,on the ground of race,color,creed,national origin,sex,age,or disability, be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the U.S.Department of the Interior and HEREBY GIVES ASSURANCE THAT IT will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the U.S.Department of the Interior,this assurance obligates the Applicant-Recipient,or in the case of any transfer of such property,any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided,this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property.In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the U.S.Department of the Interior. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts,property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office,inducting installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date. The Applicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance,and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant- Recipient,its successors,transferees,and assignees,and the person whose signature appear's below is authorized to sign this assurance on behalf of the Applicant Recipient. May 26,2005 City of Elgin (Date) IA MCANT/ RECIPIENT) BY: (President,Chairman of Board or Comparable authorized Official) 150 Dexter Court APPUCANT/RECIPIWr MAILING ADDRESS Elgin IL 60120 aiy,STATE.ZIP CODE REV.02/92 U.S.DEPARTMENT OF THE INTERIOR Certification Regarding Federal Debarment, Suspension,Ineligibility and Voluntary Exclusion Local Agency Covered Transactions This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,43 CFR Part 12,Section 12.510,Participants'responsibilities. The regulations were published as Part VI of the May 26, 1988 Federal Register(pages 19160-19211). For assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets,N.W., Washington D.C.20240. AS CHIEF ELECTED OFFICIAL of the below indicated Illinois local unit of government seeking LWCF financial assistance,I do hereby certify that. 1. The prospective local agency project sponsor(sub-recipient)certifies,by submission of this proposal,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective local agency project sponsor(sub-recipient)is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. City of Elgin Local Project Sponsor Olulemi Folarin,City Manager Name and Title of Authorized Representative tore Date DI 1954 • Agenda e . City of Elgin d Item No �' g May 20, 2005 TO: Mayor and Members of the City Council R EG REATIONAL LEISVRE ANV G_ULl"V RAL.OFFORI'UN1'f"IES FOR ALL GI't-IZ ENS FROM: Olufemi Folarin, City Manage Randy Reopelle, Parks and Rec eation Director SUBJECT: Grant Application for Regional Park PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to approve a grant application with the Illinois Department of Natural Resources to assist with the acquisition of a parcel for a new regional park. RECOMMENDATION It is recommended that the City Council approve the grant application and associated forms in the amount of$750,000. BACKGROUND The City of Elgin's Parks and Recreation Master Plan has as one of its highest priorities the acquisition of a large parcel of land to create a regional park. City staff has been working on this goal for over a year and by combining efforts with the Trust for Public Land is now in a position to acquire a 224 acre parcel in the western part of Elgin. The total cost of the land will be $4,383,210. To help with this proposed land purchase, staff is recommending that the City apply for an Open Space Land Acquisition and Development (OSLAD) through the Illinois Department of Natural Resources (IDNR). Under this grant the City could receive up to $750,000 from the IDNR, which would be reimbursed to the City after the actual purchase is made. As a part of the application process the attached forms must be signed and submitted with the grant package. Based on the grant application deadlines, these documents will need to be sent to Springfield by the end of the last week of May. Grant Application for Regional Park May 20, 2005 Page 2 COMMUNITY GROUPSANTERESTED PERSONS CONTACTED The concept plan will be shared with the Parks and Recreation Board at their May 31 meeting. FINANCIAL IMPACT The total grant from IDNR would equal $750,000. The total cost of the land would equal $4,383,210. There is currently $1,000,000 budgeted and available in the Riverboat Fund, account number 275-0000-791.92-37, Park Development and Acquisition, project number 509657 to fund this project. The following funding sources would be used to fund the remainder of the project. Project Number Project Description Amount 509619 Summerhill Park $200,000 154717 Channing Park 325,000 509501 Hawthorne Hills Park-Grant Reimb. 400,000 $925,000 In addition, Kane County Forest Preserve District has pledged $1,901,250 and Park Development impact fees totaling $600,000 would be used to fund the project. The City would be required to upfront the entire park acquisition cost and be reimbursed after the fact by the County and IDNR. Although very preliminary at this point, it is estimated that operational costs for both the passive and active areas of the park would total approximately $1.5 million and be offset by program revenues of approximately $710,000. aEGAL IMPACT None. ALTERNATIVES 1. Approve the request to apply for an OSLAD grant to assist with the purchase of a regional park site. 2. Do not approve the request to apply for an OSLAD grant to assist with the purchase of a regional park site. Respectfully submitted for Council consideration. RR STATE OF ILLINOIS/IDNR DOC 3 RESOLUTION OF AUTHORIZATION OSLAD/LWCF PROJECT APPLICATION 1.Project Sponsor: City of Elgin 2.Project Title:Elgin Regional Park The City of Elgin hereby certifies and acknowledges that it has 100%of the funds (bal pxojeet.powa) necessary(includes cash and value of donated land)to complete the pending OSLAD/LWCF project within the timeframes specified herein for project execution,and that failure to adhere to the specified project timeframe or failure to proceed with the project because of insufficient funds or change in local recreation priorities is sufficient cause for project grant ternimationwhich will also result in the ineligibility of the local project sponsor for subsequent Illinois DNR outdoor recreation grant assistance consideration in the next two(2)consecutive grant cycles following project termination. Acquisition Proiects It is understood that the project sponsor has up to twelve(12)months following project approval to acquire the subject property(petition to condemn must be filed for acquisitions involving eminent domain)and three(3)months following acquisition closing to submit a final reimbursement billing request to the IDNR(escha&Ag eminent domain cases). Development Proiects It is understood that the local project sponsor has six (6) months following project approval to initiate project development and a total of 24 months to complete said development with a Final Billing request submitted to IDNR within three(3)months following completion. The City of Elgin fintlrer acknowledges and certifies that it will comply with all terms,conditions an regulations of 1)the Open Space Lands Acquisition and Development(OSLAD)program(17 IL Adm. Code 3025)or federal Land&Water Conservation Fund(L WCF)program(17 IL Adm.Code 3030),as applicable,2)the federal [ Uniform Relocation Assistance&Real Property Acquisition Policies Act of 1970(P.L.91-646)and/or the Illinois Displaced Persons Relocation Act(3 10 ILCS 40 et.seq.),as applicable,3)the Illinois Human Rights Act(775 ILCS 511-101 et-seq.),4) Title VI of the Civil Rights Act of 1964,(P.L.83-3 52),5)the Age Discrimination Act of 1975(P.L.94-135),6)the Civil Rights Restoration Act of 1988,(P.L.100-259)and 7)the Americans with Disabilities Act of 1990(PL 101-336);and will maintain the project area in an attractive and safe conditions,keep the facilities open to the general public during reasonable hours consistent with the type of facility,and obtain from the Illinois DNR written approval for any change or conversion of approved outdoor recreation use of the project site prior to initiating such change or conversion;and for property acquired with OSLADILWCF assistance,agree to place a covenant restriction on the project property deed at the time of recording that stipulates the property must be used,in perpetuity,for public outdoor recreation purposes in accordance with the OSLAD/L WCF programs and cannot be sold or exchanged,in whole or part,to another party without approval from the Illinois DNR. BE IT FURTHER PROVIDED that the City of Elgin certifies to the best of its knowledge that the information provided within the attached application is true and correct This Resolution of Authorization has been duly discussed and adopted by the City of Elgin at a legal meeting held on the 25 day of May 2005 (Authorized Signature) City Manager ATTESTED BY: (title) City Clerk {u�) Rev.l/01 J DOC 6-ASSURANCE OF COMPLIANCE ASSURANCE OF COMPLIANCE City of Elgin (hereinafter called"Applicant-Recipient"), HEREBY (foal agency name) AGREES THAT IT will comply with Tide VI of the Civil Rights Act of 1964 (P.L. 88-352), Section 504 of the Rehabilitation Act of 1973(P.L.93-112)as amended,the Age Discrimination Act of I975(P.L.94-135),the Civil Rights RestorationAct of 1988(P.L.100-259)and the Americans with DisabilitiesAct of 1990(PL 101-336),and all requirements imposed by or pursuant to the U.S. Department of the Interior Regulation(43 CFR 17)issued pursuant to these laws,to the end that no person in the United States shall,on the ground of race,color,creed,national origin,sec,age,or disability, be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Applicant-Recipient receives financial assistance from the U.S.Department of the Interior and HEREBY GIVES ASSURANCE THAT IT will immediately take any measures to effectuate this agreement. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant-Recipient by the U.S.Department of the Interior,this assurance obligates the Applicant-Recipient,or in the case of any transfer of such property,any transferee for the period during which the real property or structure is used for a purpose involving the provision of similar services or benefits. If any personal property is so provided,this assurance obligates the Applicant-Recipient for the period during which it retains ownership or possession of the property.In all other cases, this assurance obligates the Applicant-Recipient for the period during which the Federal financial assistance is extended to it by the U.S.Department of the Interior. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts,Property discounts or other Federal financial assistance extended after the date hereof to the Applicant-Recipient by the bureau or office,including installment payments after such date on account of arrangements for Federal financial assistance which were approved before such date.TheApplicant-Recipient recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance,and that the United States shall reserve the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant- Recipient,its successors,transferees,and assignees,and the person whose signature appear's below is authorized to sign this assurance on behalf of the Applicant Recipient. May 26,2005 City of Elgin (Date) V-PPUCA,NT/ RFJMPnNT) BY.. (President,Chairman of Board or Comparable authorized Official) 150 Dexter Court APPUCANI7RECIPIENT MAHING ADDRESS Elgin IL 60120 MY,STATE,ZIP CODE REV.02192 U.S. DEPARTMENT OF THE INTERIOR Certification Regarding Federal Debarment, Suspension,Ineligibility and Voluntary Exclusion Local Agency Covered Transactions This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension,43 CFR Part 12,Section 12.510,Participants'responsibilities. The regulations were published as Part VI of the May 26,1988 Federal Regi ster(pages 19160-19211). For assistance in obtaining a copy of the regulations, contact the U.S. Department of the Interior, Acquisition and Assistance Division, Office of Acquisition and Property Management, 18th and C Streets,N.W., Washington D.C.20240. AS CHIEF ELECTED OFFICIAL of the below indicated Illinois local unit of government seeking LWCF financial assistance,I do hereby certify that: 1. The prospective local agency project sponsor(sub-recipient)certifies,by submission of this proposal,that neither it nor its principals are presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or.agency. 2. Where the prospective local agency proj ect sponsor(sub-recipient)is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. City of Elgin Local Project Sponsor Olufemi Folarin,City Manager Name and Title of Authorized Representative Signature Date DI 1954