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05-351 1OFEz `., 1.17 City of Elgin `' Memorandum , 'I'II 0,TAT E D ti E*' Date: March 13, 2006 To: Loni Mecum, City Clerk From: William A. Cogley, Corporation Counsel Subject: Amendment No. 1 to the Amended Memorandum of Intergovernmental Agreement between the City of Elgin and County of Kane regarding Randall Road-I-90 Tollway Hopps Road Attached for the city clerk's files is an original executed copy of the above-referenced amendment agreement. C\W4 WAC bf Attachment Resolution No.05-351 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO. 1 TO THE AMENDED MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT WITH THE COUNTY OF KANE (RANDALL ROAD-I-90 ILLINOIS TOLLWAY TO HOPPS ROAD) 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 Amendment No. 1 to the Amended Memorandum of Intergovernmental Agreement with the County of Kane on behalf of the City of Elgin regarding Randall Road-I-90 Illinois Tollway to Hopps Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: December 21, 2005 Adopted: December 21, 2005 Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 0 0 .....5°""-- .O F E4 C Memorandum 0 `d City of Elgin Date: December 14, 2005 To: Mayor and Members of the City Council From: Olufemi Folarin, City Manager William A. Cogley, Corporation Counsel Subject: Proposed Amendment No. 1 to the Amended Memorandum of Intergovernmental Agreement - Randall Road-I90 Illinois Tollway to Hopps Road Between the City of Elgin and Kane County Attached is a proposed amendment to the city's intergovernmental agreement with Kane County regarding access to Randall Road between 1-90 and Hopps Road. The city's agreement with Elgin Realty Partners LLC to sell city-owned property at the northeast corner of Randall Road and College Green Drive requires an amendment to the intergovernmental agreement with Kane County to provide access to the subject property. The current intergovernmental agreement between the city and Kane County does not allow direct rib' access from Randall Road to the subject property. The attached amendment #1 would provide for a right-in right-out access on the east side of Randall Road near the southern portion of the property and a right-in only access on the east side of Randall Road near the north end of the subject property. The approval of the two additional accesses are subject to the improvements of Randall Road and the intersection of College Green Drive to be provided by the developer at developer's cost. The last revision date of the plans will be inserted into the agreement when available. fit ll Vki I\el.v# IF WAC mg Attachment rilk AMENDMENT NO. 1 TO THE AMENDED MEMORANDUM OF INTERGOVERNMENTAL AGREEMENT RANDALL ROAD—I-90 ILLINOIS TOLLWAY TO HOPPS ROAD CITY OF ELGIN AND COUNTY OF KANE This Amendment No. 1 to the Amended Memorandum of Intergovernmental Agreement, Randall Road—I-90 Illinois Tollway to Hopps Road, City of Elgin and County of Kane,hsreinafter ref d o as "AMENDMENT No. 1", is made and entered into as of this 317% day of Arch, ,2006 by and between the City of Elgin,a municipal corporation of the County of a e, State of Illinois,hereinafter referred to as"CITY",and the County of Kane,a body corporate and politic of the State of Illinois, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the CITY and COUNTY entered into an Amended Agreement dated July 13, 1999 titled:Amended Memorandum of Intergovernmental Agreement, Randall Road—I-90 Illinois Tollway to Hopps Road, City of Elgin and County of Kane, hereinafter referred to as "the AGREEMENT"; and WHEREAS, the CITY and COUNTY wish to amend the terms of the AGREEMENT to modify access to and egress from Randall Road to facilitate the safe and efficient flow of traffic thereon. NOW, THEREFORE, it is hereby agreed as follows: 1. Paragraph 3 of the AGREEMENT is hereby amended by modifying the subparagraph referenced as Parcel 82 therein to read as follows: Parcel 82 shall have a right-in/right-out access to be located on the east side of Randall Road approximately 600 feet north of the centerline of College Green Drive and shall have a right- in only access to be located on the east side of Randall Road approximately 1,500 feet north of the centerline of College Green Drive. Approval of the two additional accesses shall be subject to improvements of Randall Road and at the intersection of College Green Drive to be provided by the Developer of the adjacent portion of Parcel 82 and at such Developer's cost with such improvements generally set forth in the Plans for such improvements prepared by Woolpert, Inc., identified as Roadway Widening Exhibit, Sheet Numbers EXH-03, 03A and 03B, with a last revision date of December 14, 2005, attached hereto as Exhibit 1. 2. The AGREEMENT is hereby further amended by adding Paragraph 12 as follows: The CITY agrees that, to the extent of its lawful authority, it shall cause all forms of development approvals for properties abutting Randall Road from 1-90 to Hopps Road which provide for any new means of access from said abutting properties to such portion of Randall Road or which enlarge or extend any existing means of access from said abutting properties to such portion of Randall Road to be in accordance with COUNTY access and permanent regulations which may include access design standards and criteria such as right-of-way requirements, easement requirements, site (internal) traffic circulation, turn lanes, traffic control and storm water detention. The CITY and COUNTY further agree that in order to facilitate and assure the proper flow of traffic on Randall Road both now and in the future, and to permit reasonable development of lands adjacent thereto,to consult with one another with respect to transportation and land use planning along Randall Road from I-90 to Hopps Road. Except as expressly provided in this AMENDMENT No. 1, all other terms, conditions and provisions of the AGREEMENT shall continue in full force and effect as provided therein. IN WITNESS WHEREOF,the CITY and COUNTY have entered into this AMENDMENT No. 1 effective as of the date first set forth above. COUNTY OF KANE CITY OF ELGIN By: PIA,/ .1A.A.•.kAat aid BY: ` � ■/It.. Karen McConnaughay Pig Ed cock Chair, County Board Mayor Kane County, Illinois ATT ATTEST: _ .I _ �416‘...r By: qP / ''Q-6u-k,-- John A. Cunningham Clerk Clerk, County of e ..'* ►L of..,_ • r1 exvs P.../ F:\Legal Dept\Agreement\Intergovernmental Agreement-Randall 190-Hopps-11-23-05.doc