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11-83 ti Resolution No. 11-83 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE HOFFMAN ESTATES PARK DISTRICT FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF PARK FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that David J.Kaptain,Mayor,and Jennifer Quinton,Acting City Clerk,be and are hereby authorized and directed to execute an Intergovernmental Agreement with the Hoffman Estates Park District on behalf of the City of Elgin for the construction,maintenance and joint use of park facilities,a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: May 11, 2011 Adopted: May 11, 2011 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Jennifer Quinton Jennifer Quinton, Acting City Clerk � y oit INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF PARK FACILITIES BY AND BETWEEN THE CITY OF ELGIN AND THE HOFFMAN ESTATES PARK DISTRICT THIS AGREEMENT made and entered into this 11th day of May , 2011, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the HOFFMAN ESTATES PARK DISTRICT, an Illinois park district, (hereinafter referred to as the "Park District"). WITNESSETH WHEREAS, the City is expected to acquire by dedication certain real property consisting of approximately three (3) acres within the Princeton West subdivision, such property being legally described on Exhibit A, attached hereto and incorporated herein by this reference (such property is hereinafter referred to as the "City Property"), which will be dedicated to the City for public park purposes; and, WHEREAS, the Park District is the owner of certain real property abutting the City Property, such property being legally described on Exhibit B, attached hereto and incorporated herein by this reference (such property is hereinafter referred to as the "Park District Property"), which is owned by the Park District for public park purposes; and, WHEREAS, the Park District desires to construct a playground and install related equipment on a portion of the City Property; and, WHEREAS, the Park District further desires to have a multi-use asphalt path installed over a portion of the City Property and connecting to a multi-use asphalt path located on the Park District Property; and, WHEREAS, the City desires to permit the improvements described herein on the City Property, pursuant to and in accordance with the terms and conditions of this Agreement; and, WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970 authorizes units of local government, including municipalities and park districts, to contract or otherwise associate among themselves to exercise, combine or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes units of local government of Illinois to exercise jointly with any other 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, section 8-1(a) of the Illinois Park District Code, 70 ILCS 1205/1-1 et seq., authorizes the Park District to contract in furtherance of any of its corporate purposes; and, WHEREAS, the City is a home rule unit which may exercise any power, perform any function relating to its government and affairs; and, 1 V � 34 WHEREAS, the construction and maintenance of the park and recreational facilities, and the various undertakings provided for in this Agreement, are in furtherance of the City's and the Park District's corporate purposes and related to their respective government and affairs; and, WHEREAS, the City and the Park District have determined that it would be in their mutual best interests and in the best interests of their respective residents to provide for the shared use of the City Property and Park District Property as herein described. NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and obligations as hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Park District a gree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein in their entirety by this reference. 2. City Property. A. Construction of Playground on City Property. The City hereby grants to the Park District a license to construct and install a neighborhood playground and related equipment on a portion of the City Property, in accordance with the plans contained in Exhibit C, attached hereto and incorporated herein by this reference (the playground area and related improvements are hereinafter referred to as the "Playground"). The Park District shall construct and install the Playground improvements at the Park District's sole cost and expense. The Park District shall complete the construction of the Playground improvements within one (1) year from the date first written above, or the date that the park district receives written notification that City has acquired the property described in Exhibit A, whichever is later, unless such time for completion is extended by written agreement between the parties hereto. The Park District shall retain ownership of the playground equipment and related improvements that it installs on the City Property. B. Construction of Path and Establishment of Turf on City Property. The City shall construct and install a multi-use asphalt path on the City Property, in accordance with the plans contained in Exhibit C (the multi-use asphalt path is hereinafter referred to as the "Bike Path"). The construction and installation of the Bike Path shall be at the City's sole cost and expense. The City shall complete the construction of the Bike Path within one (1) year from the date first written above, unless such time for completion is extended by written agreement between the parties hereto. The City shall establish turf over a minimum of 80% of the City Property as defined within Exhibit C within (2) two years from the date first written above unless such time for completion is extended by written agreement by the parties hereto. The turf shall be established in accordance with the specifications set forth in Exhibit E. C. Maintenance of City Property. Except as provided for herein, the Park District shall be responsible for maintenance of the Playground at its sole cost and expense; provided, however, that the City and the Park District agree that the costs for materials and supplies related to the maintenance and/or repair of vandalism to the Playground will be shared equally, with each party responsible for fifty percent (50%) of such costs, including insurance deductible, when applicable. Any purchase of such materials or supplies shall be made by the Park District, provided that no such purchase of materials or supplies shall be made prior to obtaining express 2 written approval of the same by the City. Any request for the purchase of materials or supplies in this regard shall include a complete itemization of all materials or supplies to be purchased. Any other costs in any way related to the maintenance of the Playground shall be the sole responsibility of the Park District. The City shall provide notice of approval and/or denial in writing within seven (7) days of receipt of written request by Park District. Approval of such requests by Park District shall not be unreasonably withheld. The City shall be responsible for the maintenance of the City Property other than the Playground, including the Bike Path and all turf, shrubs or bushes, at its sole cost and expense and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, as amended. D. Improvements to be Constructed and Maintained in Good Condition. The Park District agrees that the improvements described herein shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, as amended, as well as all standards established by the Consumer Product Safety Commission/ASTA, as amended, and Elgin playground maintenance standards. During the term of this Agreement, the Park District shall maintain the Playground and any improvements thereon in good condition and in compliance with those standards and any applicable requirements of law. If the City has concerns regarding the quality of the construction and maintenance of the Playground, it shall provide written notice to Park District of any such concerns. Upon receipt of any such written notice, the Park District shall be required to perform such maintenance as it deems necessary to maintain Playground in compliance with Consumer Product Safety Commission/ASTA standards and any applicable requirements of law. If a dispute arises between City and Park District regarding Playground construction or maintenance standards, Park District shall, within seven (7) days enlist the services of a Certified Playground Safety Inspector to inspect the playground and shall forward a copy of the inspection report to City. If that inspection results in a recommendation requiring maintenance to Playground, Park District shall be required to perform such maintenance within fourteen (14) days of receipt of the inspection report, provided that the maintenance and appearance standards imposed on the Park District by the City will be no greater than the maintenance practices in place and being performed by the City in its playgrounds at the time of the dispute. If the Park District fails to do so within twenty-one (21) days of receiving such written notification, then the City shall have the right to perform such maintenance, the full and complete cost of which shall be borne by the Park District. The Park District covenants and agrees to reimburse the City its full cost and expense for any such maintenance. E. Use of City Property. The City agrees that the City Property and any improvements thereon, including the Bike Path and the Playground, will be open to and may be utilized by residents of the Park District on the same basis as such property is open to residents of the City, provided however that nothing contained herein shall be construed as granting to the Park District or its residents any exclusive right to use such property or facilities. Except for the Park District use of the City Property expressly provided for in this Agreement, it is agreed and understood that the City Property may be used by the City as City property for any and all purposes without limitation. 3. Park District Property. A. Construction of Improvements on Park District Property. It is the intention of the Park District to provide for the construction of certain improvements on the Park District 3 Property, said improvements to include athletic fields, bike paths, a shelter, washrooms and a parking lot. The Park District shall construct and install any improvements on the Park District Property at its sole cost and expense. The Park District shall complete the construction of the improvements on the Park District Property within one (1) year from the date first written above, unless such time for completion is extended by written agreement between the parties hereto. The Park District reserves the right to make Park District improvements to Park District property at its sole discretion and is not required to obtain any approval from the City to make such improvements or changes to Park District property. B. Maintenance of Park District Property. The Park District shall be responsible for maintenance of the Park District Property and any improvements thereon at its sole cost and expense. C. Use of Park District Property. The Park District agrees that the Park District Property and any improvements thereon, including without limitation the proposed athletic fields, bike paths, shelter, washrooms and parking lot, will be open to and may be utilized by residents of the City subject to all rules, regulations and requirements of Park District. Furthermore, nothing contained herein shall be construed as granting to the City or its residents any exclusive right to use such property or facilities. 4. Grading of City Property and Park District Property. The City agrees that the Park District shall be permitted to place clean fill from the Park District Property onto the City Property, and to grade the subject properties in order to provide a transition in grade from the Park District Property to the City Property, in accordance with the grading plans contained in Exhibit D, attached hereto and incorporated herein by this reference. The specifications for the fill material to be placed on the City Property and the specifications for the compaction of such fill materials are set forth in the specifications contained in Exhibit D. All fill material to be placed on the City Property shall be clean fill material free of the presence of any hazardous environmental condition including, but not limited to, Asbestos, PCB's, Petroleum, Hazardous Waste or Radioactive Material. Final grading shall be performed in a manner such that there shall be no ponding of stormwater runoff in areas where ponding did not occur prior to the construction contemplated in this Agreement. The Park District shall provide to the City a certified as-built topographical survey of the City Property to confirm that the required elevations have been attained. The compaction of fill materials placed on the City Property shall be certified in writing by a third party professional engineer or other design professional qualified to make such evaluation. The grading of the subject properties described herein shall be performed by the Park District at its sole cost and expense. The Park District shall further, at its sole cost and expense, promptly repair and restore the City Property to the same condition as existed immediately prior to the grading of the properties. The Park District shall also be responsible, at its sole cost and expense, for the installation and maintenance of silt fences, construction barriers and other erosion control measures for the site. The Park District shall complete the grading of the subject properties within one (1) year from the date first written above, unless such time for completion is extended by written agreement between the parties hereto. 5. Engineering Costs. The City and the Park District agree that the engineering costs for the improvements described herein will be shared equally, with each party responsible for fifty percent (50%) of such costs. The parties further stipulate and agree that the total 4 .l 4 engineering costs shall not exceed $10,000, and that each party's respective share of the engineering costs shall not exceed $5,000, unless agreed to in writing by each of the parties hereto. In the absence of such an agreement in writing, and in the event that the engineering costs exceed $10,000 for any reason, all such costs in excess of$10,000 shall be borne solely by the Park District. 6. Utility Costs. Each party shall be responsible for any utility costs for their respective properties. 7. Licenses and Permits. The Park District shall adhere to and comply with all ordinances, laws, rules and regulations that may pertain to or apply to the Playground and the Park District's construction and use thereof. The Park District agrees and warrants that it has procured or shall procure any licenses, permits or like permission required by law, if any, to construct and install the Playground and any improvements thereon, that the Park District will procure all additional licenses, permits or like permission hereinafter required by law during the term of this Agreement, and that the Park District will keep the same in full force and effect during the term of this Agreement. The Park District shall perform under this Agreement in accordance with all applicable legal requirements. 8. Insurance and Indemnification. A. Park District Liability and Insurance. The Park District shall, at its sole cost and expense, purchase and maintain liability insurance covering its activities upon the City Property including, without limitation, its required maintenance of the City Property and any equipment located thereon, in the amount of $3,000,000.00, and shall list the City as an additional insured. For this purpose, it shall be acceptable for the Park District to provide the necessary coverage through the Park District's self-insurance program, an intergovernmental risk management pool or other methods. The Park District shall protect, defend, indemnify and hold harmless the City, its officials, officers, agents and employees, from and against any and all claims, actions, damages, costs, liability and expenses, including attorney's fees, arising out of or in connection with any act or omission arising from or out of any Park District use or occupancy of the City Property, or otherwise arising out of or in connection with this Agreement, including, without limitation, claims for loss or damage to any property, or for death or injury to any person or persons; provided, however, that the Park District shall not be liable for any loss, damage or injury of any kind to any person or property which: (i) arises primarily from City's own use of the City Property; (ii) is caused by or arises from any act or omission of the City or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of the City's agents, officers, representatives, contractors, employees, licensees or invitees. If the City shall remain a party to any litigation, for which the Park District is obligated to indemnify the City, then the Park District shall protect and hold the City harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by the City in connection with the defense of such litigation. The City may, at its option, require the Park District to assume the City's defense in any action covered by this paragraph, through counsel reasonably approved by the City. At least annually, on or before April 30th of each year, the Park District shall provide the City with evidence satisfactory to the City that it has in effect all policies of insurance or coverage required to be purchased or provided hereunder, including satisfactory evidence that all premiums thereon have been paid. 5 B. City Liability and Insurance. The City shall, at its sole cost and expense, purchase liability insurance covering its ownership and activities on the City Property, in the amount of $3,000,000.00 and shall list the Park District as an additional insured. For this purpose, it shall be acceptable for the City to provide the necessary coverage through the City's self-insurance program, an intergovernmental risk management pool or other methods. The City shall protect, defend, indemnify and hold harmless the Park District, its officials, officers, agents and employees, from and against any and all claims, actions, damages, costs, liability and expenses, including attorney's fees, arising out of or in connection with any act or omission arising from or out of any City use or occupancy of the City Property, or otherwise arising out of or in connection with this Agreement, including, without limitation, claims for loss or damage to any property, or for death or injury to any person or persons; provided, however, that the City shall not be liable for any loss, damage or injury of any kind to any person or property which (i) arises primarily from Park District's use of any portion of the City Property; (ii) is caused by or arises from any act or omission of the Park District, or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of the Park District's agents, officers, representative, contractors, employees, licensees or invitees. If the Park District shall remain a party to any litigation for which the City is obligated to indemnify the Park District, then the City shall protect and hold the Park District harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by the Park District in connection with the defense of such litigation. The Park District may, at its option, require the City to assume the Park District's defense in any action covered by this paragraph, through counsel reasonably approved by the Park District. At least annually, on or before April 30th of each year, the City shall supply the Park District with evidence satisfactory to the Park District that it has in effect all policies of insurance or coverage required to be purchased or provided hereunder, including satisfactory evidence that all premiums thereon have been paid. 9. Local Governmental and Governmental Employees Tort Immunity Act. The parties agree that nothing herein is intended or shall be construed as altering, limiting or waiving the provisions of the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101 et seq., as amended), the Recreational Use of Land and Water Areas Act (745 ILCS 65/1 et seq., as amended), or such other immunities provided by law, it being agreed that the provisions thereof or such other immunities provided by law, shall apply to the fullest extent permitted by law to the City Property and the Park District Property, including, without limitation, the use, maintenance and/or repair of the City Property and the Park District Property and/or the improvements thereon and/or the supervision of any activities on the City Property and the Park District Property. 10. Notices. Any notice hereunder shall be in writing and shall be delivered by personal service or by United States certified or registered mail, with postage prepaid, addressed to: TO THE CITY: City of Elgin Attention: Parks and Recreation Director 150 Dexter Court Elgin, IL 60120-5555 6 4 1 With a Copy to: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 TO THE PARK DISTRICT Hoffman Estates Park District Attention: Executive Director 1685 W. Higgins Road Hoffman Estates, IL 60169 With a Copy to: Rob Bush Ancel Glink, et al. 140 S Dearborn Chicago, Illinois 60603 Either party, by a similar written notice to the other party, may change the address to which notices shall be sent under this Agreement. 11. Default. In the event that either the Park District or the City defaults in faithfully performing its obligations hereunder, the non-defaulting party shall give notice to the other party of such default in writing. In the event that such default continues for a period of twenty-one (21) days following service of the notice, without correction, the non-defaulting party may take such legal or equitable action as may be available to remedy the default. 12. Remedies for Default or Breach. In the event of any material breach of this agreement by either party, the nonbreaching party's sole and exclusive remedy shall be either an action for specific performance to enforce the terms of this Agreement, or termination of the Agreement. In no event shall either party be liable for monetary damages other than the actual costs for the maintenance and/or construction of the improvements on the City Property as provided for in this Agreement. Failure to enforce any of the terms or provisions of this Agreement by either party shall not constitute, and shall not be deemed or construed as a waiver of any rights to which such party may otherwise be entitled by law. 13. Term. This Agreement shall commence on the date this Agreement is fully executed by the parties hereto and shall continue for a term of twenty-five (25) years unless extended as provided for herein. During the twenty-fifth (25th) year, if one party serves notice upon the other, the parties shall engage in good faith discussions concerning whether or not this Agreement should be extended, and upon what additional terms or conditions, if any. The parties may elect to renew this Agreement in its current or a modified form on such terms as they shall find agreeable. In the event that the parties fail to enter into negotiations for an extension of this Agreement, it will renew on a year-to-year basis thereafter unless either party provides written notice of termination no less than one hundred eighty (180) days prior to the end of the term of the Agreement or any renewal thereof. 7 14. Permanent Removal of Encroachments Upon Termination. At such time as this Agreement is terminated as a result of default, material breach, or other action or inaction of the Park District, the Park District shall remove, at the Park District's sole cost and expense, any and all equipment and improvements owned or maintained by the Park District on the City Property, and to restore the City Property to the same condition as existed prior to this Agreement with the sole exception of the grading of the subject properties performed pursuant to this Agreement. If the Park District fails to exercise said duties to remove the equipment and restore the City Property, the City shall have the right to remove the equipment and improvements and to restore the City Property, the full and complete cost of which shall be borne by the Park District, or the City may elect, at the City's sole option, to retain the equipment and improvements as property of the City. The Park District covenants and agrees to reimburse the City its full cost and expense for any such removal and/or restoration. If this Agreement is terminated as a result of a default or material breach of this Agreement by the City, or by the City as a result of non- renewal or termination in accordance with paragraph 13, then the City shall be obligated to remove, at the City's sole cost and expense, any and all equipment and improvements owned or maintained by the Park District on the City Property, and to return the same to the Park District. In the case of such termination by the Park District, the City shall also be responsible for any costs to restore the City Property following the removal of the equipment and improvements, and the Park District shall bear no responsibility for such costs. Notwithstanding the foregoing, in the event that the City and the Park District agree in writing that the agreement should not renewed in accordance with paragraph 13, then the City and the Park District will share equally the costs to remove the equipment and improvements and to restore the City Property, with each party responsible for fifty percent (50%) of such costs. 15. Agreement Contingent upon Acquisition of City Property. The parties agree that this Agreement, and any rights, obligations or responsibilities set forth herein, are contingent upon the City's acquisition of the City Property. In the event that the City does not acquire the City Property within one hundred eighty (180) days from the date first written above, for any reason whatsoever, then this Agreement shall be null, void and otherwise terminated, without liability of any kind whatsoever to the City or to the Park District, and without further obligation between the parties hereto arising from or in any way related to this Agreement. 16. Savings Clause. The terms of this Agreement shall be severable. In the event that any of the terms, provisions or conditions of this agreement are deemed to be void, invalid or unenforceable for any reason by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. 17. Benefits Solely to the Parties. This Agreement is intended solely for the benefit of the parties hereto, and nothing herein shall be construed, either expressly or impliedly, to extend rights or obligations in favor of any other person, or to create any third party beneficiaries of this Agreement. 18. No Personal Liability. No official, director, officer, agent or employee of either party hereto shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 19. Modification. The terms of this agreement shall not be modified or amended except by written agreement of the parties hereto. The agreement, covenants, terms and 8 conditions contained herein may be modified only in writing through the written mutual consent of the parties hereto after approval by their respective governing boards. 20. Assignment. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. Neither party may assign, transfer or otherwise convey its rights or obligations under this Agreement without the prior written consent of the other party, which may be withheld in such party's sole discretion. 21. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Agreement shall be fully executed when each party whose signature is required has signed at least one counterpart, even if no one counterpart contains the signature of all parties. 22. Construction. This Agreement is and shall be deemed to be construed as a joint and collective work product of the City and the Park District and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 23. Relationship of the Parties. This Agreement is not intended and shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 24. Choice of Law and Venue. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 25. Prior Agreements. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. 26. Compliance with Laws. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement that the City and the Park District shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, the parties hereby certify, represent and warrant that their respective employees and/or agents that will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. The parties shall also, at their respective cost and expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement, as may be required by law. SIGNATURE PAGE FOLLOWS 9 1 ! IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly-authorized representative as of the day and year first written above. CITY OF ELGIN, an Illinois municipal HOFFMAN ESTATES PARK DISTRICT, a Illinois corporation park district. /. ��► �. e By By Mayor / 'resident Attest: Attest: r (40, . At. A • y Clerk Secretary 10 EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY Outlot D in Princeton West Phase 2, being a subdivision of part of the East half of fractional section 6 and the Northeast quarter of fractional Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded May 21, 2004 as document 0414218122 and corrected by certificate of correction recorded September 23, 2004 as document 0426844032, in Cook County, Illinois. 11 EXHIBIT B LEGAL DESCRIPTION OF PARK DISTRICT PROPERTY Parcel#1 Beginning at a point of intersection of the west line of the west half of fractional section 5, Township 41 north, range 9 east of the third principal meridian and a point 82.5 feet south of the toll road; thence easterly along said southerly line of the Northern Illinois Gas Company right of way 1128.4 feet to the west line of the Commonwealth Edison Company right of way; thence south along said right of way line 1597.57 feet; thence north 90° 13" 28" west 1138.95 feet to the west line of the west half of section 5; thence northerly along said west line to the point of beginning, all in Cook County Illinois. Parcel #2 Beginning at a point of intersection of the east line of the east half of fractional section 6, Township 41 north, range 9 east of the third principal meridian and a point 82.5 feet south of the toll road; thence westerly along said southerly line of the Northern Illinois Gas Company right of way 235 feet to the west line of lot 1; thence southerly 1597.56 feet along said west line to the southwest corner of lot 1; thence south 89° 56' 46" east line of section 6; thence north along said east line to the point of the beginning, all in Cook County, Illinois. 12 EXHIBIT C DEVELOPMENT PLANS 1 . 1 I pi 111r,T y P I) i / ' rµ � 13 EXHIBIT D GRADING PLANS AND SPECIFICATIONS r' V i ,f ; ' ' JI k€ // _ ......-, 0 g • • • 4 11 -, ' A■••.‘'- 'Ntillik T .. i, i .'.. L_ ____' ,' _..,, - .. ... . ,_ -- FF Eii Fr Hi If i i N:; S1 u t • - ..--. ' - ; '61) ; 1.1. ; j - - . ; . , CI; :: y T p ,,, �{& GRADING PLAN PUNS PREPARED FOR, 1[ r _ ___ J OFFMAN ESTATES PARK DISTRICT-1 Imo,_ ` kp�' 1665 WEST 11IGGINS ROAD 1b y "Sq °��'* HOPMAN ESTATES PARK NOFFMAN ESTATES, 1L 80196 ii! "..1...s? ROFORFANFSTATF6,C170k(DVVIY,Rl, TEG (817)866-7500 III) D.I[�D Irtv-Muse v[H[w FAX(847)885-7523 v0; coo 0($nnnpr, DAR 09-iii 0 9101 V 0 LR ISe.'1 SD' RENStOR6 EXHIBIT E TURF SPECIFICATIONS SEEDING WORK PART 1 - GENERAL 1.01 DESCRIPTION Provide all materials, equipment, and labor to complete the seeding including: Fine grading and preparation for seed. Furnishing, transporting and applying seed. Repair of any damage resulting from seeding operation 1.02 RELATED WORK Section 02210: Earthwork 1.03 SUBMITTALS Samples - The following samples shall be submitted upon request to Owner's Representative prior to commencing with any seeding work: Manufacturer's Product Data - Three copies of manufacturer's product data shall be submitted for seed, lime, and fertilizer. Certificates - One copy of labels from the manufacturer's container certifying that the product meets the requirements shall be submitted for the following materials: Commercial fertilizer Seed mix indicating percentage of each type of seed by weight percentages of purity, germination, and percentage of weed seed for each species of grass seed. 1.04 DELIVERY, STORAGE AND HANDLING Deliver seed and fertilizer materials in original unopened containers, showing weight, analysis, and name of manufacturer. Store in a manner to prevent deterioration. 1.05 PLANTING SEASON Planting season for seed shall be as follows: Item Planting Period Spring Fall Seed 4/15 to 6/15 9/1 to 9/30 Planting shall only be performed when weather and soil conditions are suitable for planting the material specified in accordance with locally accepted practice. 2.00 PART 2 - MATERIALS 2.01 WATER The Contractor will be required to water for establishing and maintaining the grass seed until acceptance. Contractor is responsible for providing water to the site. Contractor to provide hoses and equipment to distribute water to the areas that are seeded. 2.02 COMMERCIAL FERTILIZER Fertilizer shall conform to the following: 15 When applied as a topsoil amendment, fertilizer shall have an analysis that will deliver appropriate amounts of nitrogen, phosphorus, and potassium as required to remedy deficiencies revealed by testing of the topsoil. It is the Contractors responsibility to test the soil for deficiencies and provide a copy of the testing to the Owner's Representative prior to continuing installation of fertilizer and seed. Testing shall be completed at a minimum rate of six samples per acre. A starter fertilizer shall be used conforming to the following: Constituent % Present by Weight Nitrogen (N) 10 Phosphorus (P) 20 Potassium (K) 30 50% of nitrogen shall be derived from natural organic sources of ureaform. Available phosphorus shall be derived from superphosphate, or bone meal. Potassium shall be derived from muriate of potash containing 60% potash. Fertilizer shall be delivered in manufacturer's standard container printed with manufacturer's name, material weight, and guaranteed analysis. Fertilizers with N-P-K analysis other than that stated above may be used provided that the application rate per square foot of nitrogen, phosphorus, and potassium is equal to that specified. 2.03 SEED Grass seed shall be of the previous year's crop and in no case shall the weed seed content exceed 1% by weight. Contractor shall refer to Drawings for location of Prairie Grass Seed mixes. All other areas shall be Turf Grass Seed Mix. All grass mixes shall be types listed below or approved equal as provided by Arthur Clesen, Inc. 543 Diens Drive, Wheeling, IL 60090 (847) 537-2177. The grass seed shall conform to the requirements of the following tables: Turf Grass Seed Mix shall be ATHLETIC FIELDS applied at 220lbs per acre: % by % purity min. weight germination Midnight Star Kentucky Bluegrass 17 98 85 Denim Kentucky Bluegrass 16 98 85 Blacksburg II Kentucky Bluegrass 16 98 85 Citation Fore Perennial Ryegrass 25 95 85 Manhattan 4 Perennial Ryegrass 25 95 85 Prairie Grass Seed Mix shall be IDOT Class 4b - Wetland Grass and Sedge Mixture applied at 76.5Ibs per acre: Grass Type lbs Acre Annual Rye 25 Spring Oats 25 Wetland Grasses 6 16 The seed shall be furnished and delivered pre-mixed in the proportions specified above. All seed shall comply with State and Federal seed laws. When a Prairie Grass Seed Mix is used, the Contractor shall install selective mowing stakes to delineate areas of prairie. Stakes shall be steel posts typically used for agricultural staking with a steel anchor plate welded or riveted to each post approximately 18" from the bottom of stake. Stakes shall be painted green with the top 10" painted white and shall be driven into the ground to a height of 42" above grade. Stakes shall be located as directed by the Owner's Representative. 2.04 SEED BLANKET Erosion control blanket shall be Profile Futerra Biodegradable Blanket as distributed by Profile Products LLC, 750 Lake Cook Road, Buffalo Grove, Illinois 60089 Phone 800-207- 6457, or approved equal. Staples for erosion control blanket shall be Futerra Biodegradable Resin Staples. 3.00 PART 3 -CONSTRUCTION REQUIREMENTS 3.01 INSPECTION Examine rough grade surfaces, grades, topsoil quality, and depth. Do not start seed work until unsatisfactory conditions are corrected. Notify Owner's Representative immediately when unsatisfactory conditions are found. 3.02 PREPARATION Remove from area to be seeded all stones, boulders, debris, and other material larger than one half inch in diameter. Complete all fine grading operations including shaping, filling ruts and depressions, and trimming to establish uniformly the lines and grades shown on the Plans, and as staked in the field. Contractor is REQUIRED to have seeded areas reviewed for approval by an Owner's Representative prior to seed installation. The areas to be seeded shall be thoroughly tilled and cultivated to a minimum depth of three inches with a disc, tiller, or other equipment approved by Owner's Representative. Prepared surface shall be smooth, dry, free of all weeds, clods, stones, roots, gullies, crusting, and caking. Contractor shall contact Owner's Representative 48 hours prior to application of fertilizer or seed. Failure to receive approval from Owner's Representative prior to applications of fertilizer and/or seed may require Contractor to reshape the grading, remove additional debris and/or perform additional cultivation at no additional cost to the Owner. After cultivation and after areas to be seeded have been approved by Owner's Representative, fertilizer shall be applied at the rates listed above and worked into the soil using a harrow, or other equipment approved by the Owner's Representative. Restore and repair areas to specified condition if eroded, settled, or otherwise disturbed after fine grading and prior to seeding. 3.03 INSTALLATION Seed immediately after preparation of bed. No seeding shall be done during windy weather. 17 Seeding shall be done in a minimum of two directions at right angles to each other. Sow seed evenly by hand or with approved seeding device in the proportions and at the rate specified above. The seed shall be covered with a thin layer of topsoil by light raking or other approved method, rolled in both directions with an approved implement weighing not more than 100 pounds per foot of width, and watered with a fine spray. Take necessary precautions to keep the area undisturbed until the grass is established. Erosion control blanket shall be installed at the time of seeding per the manufacturers instructions. 3.04 MAINTENANCE Contractor shall be responsible for manual re-seeding until a full uniform stand of grass that is free of weeds, undesirable grass species, disease, and insects is achieved and accepted by the Owner's Representative. Repair, re-work, and re-seed all areas that have washed out, eroded, or have not taken. No area of bare soil 6"x 6" or greater shall be accepted. Contractor shall be responsible to water the seeded area as needed to achieve a uniform stand. Contractor to perform two mowings prior to request for Acceptance. Use Lawn Vacuum on second mowing to remove remaining erosion control blanket. 98% of all erosion control blanket will be required to be removed prior to acceptance. 3.05 ACCEPTANCE Inspection of seed areas will be made by the Owner's Representative after turf is established. Notify Owner's Representative five working days prior to requested inspection date. Seeded areas will be acceptable providing that all requirements have been complied with and a healthy, uniform, close stand of specified grass is established free of weeds, undesirable grass species, disease and insects. No individual lawn areas shall have bare spots of 4"x 4" or greater or unacceptable cover totaling more than 2% of the area to be inspected. Upon approval and acceptance by the Owner or Owner's Representative, Owner shall take over full maintenance responsibility. 3.06 CLEANING Perform cleaning during installation of the work and upon completion of the work. Remove from site all excess materials, debris, and equipment. Repair damage resulting from seeding operations. 3.07 METHOD OF MEASURE AND BASIS FOR PAYMENT The method of measure and basis of payment for the seed work of this contract shall be based upon being completed and accepted, according to the Lump Sum line item on the Bid Form. The work shall include all fine grading, testing, soil amendments, seeding, maintenance and repair, labor, equipment, materials, and incidentals required to 18 perform and complete this work. No payment shall be made prior to acceptance of turf areas. END OF SECTION 19 53 E LG IN THE CITY IN THE SUBURBS /� AGENDA ITEM: A MEETING DATE: April 27, 2011 ITEM: Intergovernmental Agreement with Hoffman Estates Park District for the Development of a Playground on the City's Princeton West Park Parcel ($12,000 engineering and construction costs; $12,450 estimated annual maintenance costs) OBJECTIVE: Provide a safe playground and park for city residents in the most cost effective manner possible RECOMMENDATION: Approve the Intergovernmental Agreement with Hoffman Estates Park District for the development of a playground, which will require an initial expenditure of $12,000, with estimated annual maintenance costs of$12,450 BACKGROUND The Hoffman Estates Park District (HEPD) wants to construct a playground and connecting path on a portion of the city's Princeton Park parcel. Staff agrees that it is in the city's best interest to allow this playground equipment to be installed on the city's park site and require HEPD to maintain the equipment. Canterbury Fields Park is owned by HEPD and is located just east of Princeton West Park. HEPD plans to provide a playground for their residents on a section of their park that is leased from ComEd. But given the choice, HEPD would rather not construct the playground on a leased parcel that ComEd could terminate in future years. And since Princeton West Park is directly adjacent to Canterbury Fields, HEPD approached the city about locating the playground structure on the city's unimproved park parcel. A proposed intergovernmental agreement between the city and HEPFD has been approved by HEPD. The agreement requires the purchase, construction and maintenance of the play structure to be the sole responsibility of HEPD. The city will pay a portion of the engineering plans required and the costs for the asphalt path connecting the playground to the adjacent neighborhood path and to the HEPD park. Facilities at the adjacent parks will be available for residents of both Elgin and Hoffman Estates. Committee of the Whole April 13, 2011 Page 5 Adjournment Councilmember Gilliam made a motion, seconded by Councilmember Warren, to adjourn the meeting. Upon a roll call vote: Yeas: Councilmembers Dunne, Gilliam, Kaptain, Prigge, Steffen, Warren, and Mayor Schock. Nays: None. The meeting adjourned at 6:15 p.m. sl Diane Robertson April 27, 2011 Diane Robertson, City Clerk Date Approved r r f OPERATIONAL ANALYSIS The playground equipment and installation costs HEPD wil be providing are valued at approximately $85,000. Staff is recommending that the city create a paved path from the playground to the neighboring city residents and that it continue that pathway to create a connection with an existing HEPD loop path at the parcel's property line. HEPD will be responsible for maintening the playground and the city will be responsible for the new turf area immediately surrounding the playground and the remaining acreage as a meadow. INTERESTED PERSONS CONTACTED Over 200 residents of the Princeton West Subdivision were contacted and invited to a Parks and Recreation Advisory Board meeting on September 28, 2010 to discuss the proposed improvements. At that meeting, the Parks and Recreation Advisory Board made a recommendation that the city proceed with this joint park development. FINANCIAL ANALYSIS The $12,000 of requested funding will pay for the city's portion of engineering and construction costs. The maintenance of this newly dedicated parcel, with the exception of the playground itself, will be the responsibility of the city. The estimated annual maintenance cost of the Princeton West Park parcel is$12,450. BUDGET IMPACT FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT BUDGETED AVAILABLE Park Impact 340-0000-795.92-32 509883 $12,000 $12,000 LEGAL IMPACT None. ALTERNATIVES The city council may choose not to not approve the Intergovernmental Agreement. NEXT STEPS HEPD plans to commence construction of the playground in late April, with completion anticipated by July 4, 2011. I Originators: Paul Bednar, Park Development Coordinator Randy Reopelle, Parks and Recreation Director Final Review: Colleen Lavery, Chief Financial Officer William A. Cogley, Corporation Counsel/Chief Development Officer Richard G. Kozal,Assistant City Manager/Chief Operating Officer Approved: Sean R. Stegall, City Manager ATTACHMENTS A. Intergovernmental Agreement I I INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF PARK FACILITIES BY AND BETWEEN THE CITY OF ELGIN AND THE HOFFMAN ESTATES PARK DISTRICT THIS AGREEMENT made and entered into this day of , 2011, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the HOFFMAN ESTATES PARK DISTRICT, an Illinois park district, (hereinafter referred to as the "Park District"). WITNESSETH WHEREAS, the City is expected to acquire by dedication certain real property consisting of approximately three (3) acres within the Princeton West subdivision, such property being legally described on Exhibit A, attached hereto and incorporated herein by this reference (such property is hereinafter referred to as the "City Property"), which will be dedicated to the City for public park purposes; and, WHEREAS, the Park District is the owner of certain real property abutting the City Property, such property being legally described on Exhibit B, attached hereto and incorporated herein by this reference (such property is hereinafter referred to as the "Park District Property"), which is owned by the Park District for public park purposes; and, WHEREAS, the Park District desires to construct a playground and install related equipment on a portion of the City Property; and, WHEREAS, the Park District further desires to have a multi-use asphalt path installed over a portion of the City Property and connecting to a multi-use asphalt path located on the Park District Property; and, WHEREAS, the City desires to permit the improvements described herein on the City Property,pursuant to and in accordance with the terms and conditions of this Agreement; and, WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970 authorizes units of local government, including municipalities and park districts, to contract or otherwise associate among themselves to exercise, combine or transfer any power or function in any manner not prohibited by law or by ordinance; and, WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes units of local government of Illinois to exercise jointly with any other 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, section 8-1(a) of the Illinois Park District Code, 70 ILCS 1205/1-1 et seq., authorizes the Park District to contract in furtherance of any of its corporate purposes; and, WHEREAS, the City is a home rule unit which may exercise any power, perform any function relating to its government and affairs; and, 1 WHEREAS, the construction and maintenance of the park and recreational facilities, and the various undertakings provided for in this Agreement, are in furtherance of the City's and the Park District's corporate purposes and related to their respective government and affairs; and, WHEREAS, the City and the Park District have determined that it would be in their mutual best interests and in the best interests of their respective residents to provide for the shared use of the City Property and Park District Property as herein described. NOW, THEREFORE, for and in consideration of the foregoing and the mutual covenants and obligations as hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and the Park District agree as follows: 1. Incorporation of Recitals. The foregoing recitals are incorporated herein in their entirety by this reference. 2. City Property. A. Construction of Playground on City Property. The City hereby grants to the Park District a license to construct and install a neighborhood playground and related equipment on a portion of the City Property, in accordance with the plans contained in Exhibit C, attached hereto and incorporated herein by this reference (the playground area and related improvements are hereinafter referred to as the "Playground"). The Park District shall construct and install the Playground improvements at the Park District's sole cost and expense. The Park District shall complete the construction of the Playground improvements within one (1) year from the date first written above, or the date that the park district receives written notification that City has acquired the property described in Exhibit A, whichever is later, unless such time for completion is extended by written agreement between the parties hereto. The Park District shall retain ownership of the playground equipment and related improvements that it installs on the City Property. B. Construction of Path and Establishment of Turf on City Property. The City shall construct and install a multi-use asphalt path on the City Property, in accordance with the plans contained in Exhibit C (the multi-use asphalt path is hereinafter referred to as the "Bike Path"). The construction and installation of the Bike Path shall be at the City's sole cost and expense. The City shall complete the construction of the Bike Path within one (1) year from the date first written above, unless such time for completion is extended by written agreement between the parties hereto. The City shall establish turf over a minimum of 80% of the City Property as defined within Exhibit C within (2)two years from the date first written above unless such time for completion is extended by written agreement by the parties hereto. The turf shall be established in accordance with the specifications set forth in Exhibit E. C. Maintenance of City Property. Except as provided for herein, the Park District shall be responsible for maintenance of the Playground at its sole cost and expense; provided, however, that the City and the Park District agree that the costs for materials and supplies related to the maintenance and/or repair of vandalism to the Playground will be shared equally, with each party responsible for fifty percent (50%) of such costs, including insurance deductible, when applicable. Any purchase of such materials or supplies shall be made by the Park District, provided that no such purchase of materials or supplies shall be made prior to obtaining express 2 I ' - /► written approval of the same by the City. Any request for the purchase of materials or supplies in this regard shall include a complete itemization of all materials or supplies to be purchased. Any other costs in any way related to the maintenance of the Playground shall be the sole responsibility of the Park District. The City shall provide notice of approval and/or denial in writing within seven (7) days of receipt of written request by Park District. Approval of such requests by Park District shall not be unreasonably withheld. The City shall be responsible for the maintenance of the City Property other than the Playground, including the Bike Path and all turf, shrubs or bushes, at its sole cost and expense and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, as amended. D. Improvements to be Constructed and Maintained in Good Condition. The Park District agrees that the improvements described herein shall be erected and maintained at all times in a safe, neat, sightly and good physical condition and in accordance with all requirements of the Elgin Municipal Code, as amended, as well as all standards established by the Consumer Product Safety Commission/ASTA, as amended, and Elgin playground maintenance standards. During the term of this Agreement, the Park District shall maintain the Playground and any improvements thereon in good condition and in compliance with those standards and any applicable requirements of law. If the City has concerns regarding the quality of the construction and maintenance of the Playground, it shall provide written notice to Park District of any such concerns. Upon receipt of any such written notice, the Park District shall be required to perform such maintenance as it deems necessary to maintain Playground in compliance with Consumer Product Safety Commission/ASTA standards and any applicable requirements of law. If a dispute arises between City and Park District regarding Playground construction or maintenance standards, Park District shall, within seven (7) days enlist the services of a Certified Playground Safety Inspector to inspect the playground and shall forward a copy of the inspection report to City. If that inspection results in a recommendation requiring maintenance to Playground, Park District shall be required to perform such maintenance within fourteen (14) days of receipt of the inspection report, provided that the maintenance and appearance standards imposed on the Park District by the City will be no greater than the maintenance practices in place and being performed by the City in its playgrounds at the time of the dispute. If the Park District fails to do so within twenty-one (21) days of receiving such written notification,then the City shall have the right to perform such maintenance, the full and complete cost of which shall be borne by the Park District. The Park District covenants and agrees to reimburse the City its full cost and expense for any such maintenance. E. Use of City Property. The City agrees that the City Property and any improvements thereon, including the Bike Path and the Playground, will be open to and may be utilized by residents of the Park District on the same basis as such property is open to residents of the City, provided however that nothing contained herein shall be construed as granting to the Park District or its residents any exclusive right to use such property or facilities. Except for the Park District use of the City Property expressly provided for in this Agreement, it is agreed and understood that the City Property may be used by the City as City property for any and all purposes without limitation. 3. Park District Property. A. Construction of Improvements on Park District Property. It is the intention of the Park District to provide for the construction of certain improvements on the Park District 3 Property, said improvements to include athletic fields, bike paths, a shelter, washrooms and a parking lot. The Park District shall construct and install any improvements on the Park District Property at its sole cost and expense. The Park District shall complete the construction of the improvements on the Park District Property within one (1) year from the date first written above, unless such time for completion is extended by written agreement between the parties hereto. The Park District reserves the right to make Park District improvements to Park District property at its sole discretion and is not required to obtain any approval from the City to make such improvements or changes to Park District property. B. Maintenance of Park District Property. The Park District shall be responsible for maintenance of the Park District Property and any improvements thereon at its sole cost and expense. C. Use of Park District Property. The Park District agrees that the Park District Property and any improvements thereon, including without limitation the proposed athletic fields, bike paths, shelter, washrooms and parking lot, will be open to and may be utilized by residents of the City subject to all rules, regulations and requirements of Park District. Furthermore, nothing contained herein shall be construed as granting to the City or its residents any exclusive right to use such property or facilities. 4. Grading of City Property and Park District Property. The City agrees that the Park District shall be permitted to place clean fill from the Park District Property onto the City Property, and to grade the subject properties in order to provide a transition in grade from the Park District Property to the City Property, in accordance with the grading plans contained in Exhibit D, attached hereto and incorporated herein by this reference. The specifications for the fill material to be placed on the City Property and the specifications for the compaction of such fill materials are set forth in the specifications contained in Exhibit D. All fill material to be placed on the City Property shall be clean fill material free of the presence of any hazardous environmental condition including, but not limited to, Asbestos, PCB's, Petroleum, Hazardous Waste or Radioactive Material. Final grading shall be performed in a manner such that there shall be no ponding of stormwater runoff in areas where ponding did not occur prior to the construction contemplated in this Agreement. The Park District shall provide to the City a certified as-built topographical survey of the City Property to confirm that the required elevations have been attained. The compaction of fill materials placed on the City Property shall be certified in writing by a third party professional engineer or other design professional qualified to make such evaluation. The grading of the subject properties described herein shall be performed by the Park District at its sole cost and expense. The Park District shall further, at its sole cost and expense, promptly repair and restore the City Property to the same condition as existed immediately prior to the grading of the properties. The Park District shall also be responsible. at its sole cost and expense, for the installation and maintenance of silt fences, construction barriers and other erosion control measures for the site. The Park District shall complete the grading of the subject properties within one (1) year from the date first written above, unless such time for completion is extended by written agreement between the parties hereto. 5. Engineering Costs. The City and the Park District agree that the engineering costs for the improvements described herein will be shared equally, with each party responsible for fifty percent (50%) of such costs. The parties further stipulate and agree that the total 4 engineering costs shall not exceed $10,000, and that each party's respective share of the engineering costs shall not exceed $5,000, unless agreed to in writing by each of the parties hereto. In the absence of such an agreement in writing, and in the event that the engineering costs exceed $10,000 for any reason, all such costs in excess of$10,000 shall be borne solely by the Park District. 6. Utility Costs. Each party shall be responsible for any utility costs for their respective properties. 7. Licenses and Permits. The Park District shall adhere to and comply with all ordinances, laws, rules and regulations that may pertain to or apply to the Playground and the Park District's construction and use thereof. The Park District agrees and warrants that it has procured or shall procure any licenses, permits or like permission required by law, if any, to construct and install the Playground and any improvements thereon, that the Park District will procure all additional licenses, permits or like permission hereinafter required by law during the term of this Agreement, and that the Park District will keep the same in full force and effect during the term of this Agreement. The Park District shall perform under this Agreement in accordance with all applicable legal requirements. 8. Insurance and Indemnification. A. Park District Liability and Insurance. The Park District shall, at its sole cost and expense, purchase and maintain liability insurance covering its activities upon the City Property including, without limitation, its required maintenance of the City Property and any equipment located thereon, in the amount of $3,000,000.00, and shall list the City as an additional insured. For this purpose, it shall be acceptable for the Park District to provide the necessary coverage through the Park District's self-insurance program, an intergovernmental risk management pool or other methods. The Park District shall protect, defend, indemnify and hold harmless the City, its officials, officers, agents and employees, from and against any and all claims, actions, damages, costs, liability and expenses, including attorney's fees, arising out of or in connection with any act or omission arising from or out of any Park District use or occupancy of the City Property, or otherwise arising out of or in connection with this Agreement, including, without limitation, claims for loss or damage to any property, or for death or injury to any person or persons; provided, however, that the Park District shall not be liable for any loss, damage or injury of any kind to any person or property which: (i) arises primarily from City's own use of the City Property; (ii) is caused by or arises from any act or omission of the City or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of the City's agents, officers, representatives, contractors, employees, licensees or invitees. If the City shall remain a party to any litigation, for which the Park District is obligated to indemnify the City, then the Park District shall protect and hold the City harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by the City in connection with the defense of such litigation. The City may, at its option, require the Park District to assume the City's defense in any action covered by this paragraph, through counsel reasonably approved by the City. At least annually, on or before April 30th of each year, the Park District shall provide the City with evidence satisfactory to the City that it has in effect all policies of insurance or coverage required to be purchased or provided hereunder, including satisfactory rah' evidence that all premiums thereon have been paid. 5 B. City Liability and Insurance. The City shall, at its sole cost and expense, purchase liability insurance covering its ownership and activities on the City Property, in the amount of $3,000,000.00 and shall list the Park District as an additional insured. For this purpose, it shall be acceptable for the City to provide the necessary coverage through the City's self-insurance program, an intergovernmental risk management pool or other methods. The City shall protect, defend, indemnify and hold harmless the Park District, its officials, officers, agents and employees, from and against any and all claims, actions, damages, costs, liability and expenses, including attorney's fees, arising out of or in connection with any act or omission arising from or out of any City use or occupancy of the City Property, or otherwise arising out of or in connection with this Agreement, including, without limitation, claims for loss or damage to any property, or for death or injury to any person or persons; provided, however, that the City shall not be liable for any loss, damage or injury of any kind to any person or property which (i) arises primarily from Park District's use of any portion of the City Property; (ii) is caused by or arises from any act or omission of the Park District, or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of the Park District's agents, officers, representative, contractors, employees, licensees or invitees. If the Park District shall remain a party to any litigation for which the City is obligated to indemnify the Park District, then the City shall protect and hold the Park District harmless and shall pay all costs, expenses and reasonable attorneys' fees incurred or paid by the Park District in connection with the defense of such litigation. The Park District may, at its option, require the City to assume the Park District's defense in any action covered by this paragraph, through counsel reasonably approved by the Park District. At least annually, on or. before April 30th of each year, the City shall supply the Park District with evidence satisfactory to the Park District that it has in effect all policies of insurance or coverage required to be purchased or provided hereunder, including satisfactory evidence that all premiums thereon have been paid. 9. Local Governmental and Governmental Employees Tort Immunity Act. The parties agree that nothing herein is intended or shall be construed as altering, limiting or waiving the provisions of the Local Governmental and Governmental Employees Tort Immunity Act(745 ILCS 10/1-101 et seq., as amended), the Recreational Use of Land and Water Areas Act (745 ILCS 65/1 et seq., as amended), or such other immunities provided by law, it being agreed that the provisions thereof or such other immunities provided by law, shall apply to the fullest extent permitted by law to the City Property and the Park District Property, including, without limitation, the use, maintenance and/or repair of the City Property and the Park District Property and/or the improvements thereon and/or the supervision of any activities on the City Property and the Park District Property. 10. Notices. Any notice hereunder shall be in writing and shall be delivered by personal service or by United States certified or registered mail, with postage prepaid, addressed to: TO THE CITY: City of Elgin Attention: Parks and Recreation Director 150 Dexter Court Elgin, IL 60120-5555 4111) 6 With a Copy to: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120-5555 TO THE PARK DISTRICT Hoffman Estates Park District Attention: Executive Director 1685 W. Higgins Road Hoffman Estates, IL 60169 With a Copy to: Rob Bush Ancel Glink, et al. 140 S Dearborn Chicago, Illinois 60603 Either party, by a similar written notice to the other party, may change the address to which notices shall be sent under this Agreement. 11. Default. In the event that either the Park District or the City defaults in faithfully performing its obligations hereunder, the non-defaulting party shall give notice to the other party of such default in writing. In the event that such default continues for a period of twenty-one (21) days following service of the notice, without correction, the non-defaulting party may take such legal or equitable action as may be available to remedy the default. 12. Remedies for Default or Breach. In the event of any material breach of this agreement by either party, the nonbreaching party's sole and exclusive remedy shall be either an action for specific performance to enforce the terms of this Agreement, or termination of the Agreement. In no event shall either party be liable for monetary damages other than the actual costs for the maintenance and/or construction of the improvements on the City Property as provided for in this Agreement. Failure to enforce any of the terms or provisions of this Agreement by either party shall not constitute, and shall not be deemed or construed as a waiver of any rights to which such party may otherwise be entitled by law. 13. Term. This Agreement shall commence on the date this Agreement is fully executed by the parties hereto and shall continue for a term of twenty-five (25) years unless extended as provided for herein. During the twenty-fifth (25th) year, if one party serves notice upon the other, the parties shall engage in good faith discussions concerning whether or not this Agreement should be extended, and upon what additional terms or conditions, if any. The parties may elect to renew this Agreement in its current or a modified form on such terms as they shall find agreeable. In the event that the parties fail to enter into negotiations for an extension of this Agreement, it will renew on a year-to-year basis thereafter unless either party provides written notice of termination no less than one hundred eighty (180) days prior to the end of the term of the Agreement or any renewal thereof. 7 14. Permanent Removal of Encroachments Upon Termination. At such time as this Agreement is terminated as a result of default, material breach, or other action or inaction of the Park District shall remove, at the Park District's sole cost and expense, any and all equipment and improvements owned or maintained by the Park District on the City Property, and to restore the City Property to the same condition as existed prior to this Agreement with the sole exception of the grading of the subject properties performed pursuant to this Agreement. If the Park District fails to exercise said duties to remove the equipment and restore the City Property, the City shall have the right to remove the equipment and improvements and to restore the City Property, the full and complete cost of which shall be borne by the Park District, or the City may elect, at the City's sole option, to retain the equipment and improvements as property of the City. The Park District covenants and agrees to reimburse the City its full cost and expense for any such removal and/or restoration. If this Agreement is terminated by the Park District as a result of a default or material breach of this Agreement by the City, or by the City as a result of non- renewal or termination in accordance with paragraph 13, then the City shall be obligated to remove, at the City's sole cost and expense, any and all equipment and improvements owned or maintained by the Park District on the City Property, and to return the same to the Park District. In the case of such termination by the Park District, the City shall also be responsible for any costs to restore the City Property following the removal of the equipment and improvements, and the Park District shall bear no responsibility for such costs. Notwithstanding the foregoing, in the event that the City and the Park District agree in writing that the agreement should not renewed in accordance with paragraph 13, then the City and the Park District will share equally the costs to remove the equipment and improvements and to restore the City Property, with each party responsible for fifty percent(50%) of such costs. 15. Agreement Contingent upon Acquisition of City Property. The parties agree that this Agreement, and any rights, obligations or responsibilities set forth herein, are contingent upon the City's acquisition of the City Property. In the event that the City does not acquire the City Property within one hundred eighty (180) days from the date first written above, for any reason whatsoever, then this Agreement shall be null, void and otherwise terminated, without liability of any kind whatsoever to the City or to the Park District, and without further obligation between the parties hereto arising from or in any way related to this Agreement. 16. Savings Clause. The terms of this Agreement shall be severable. In the event that any of the terms, provisions or conditions of this agreement are deemed to be void, invalid or unenforceable for any reason by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect. 17. Benefits Solely to the Parties. This Agreement is intended solely for the benefit of the parties hereto, and nothing herein shall be construed, either expressly or impliedly, to extend rights or obligations in favor of any other person, or to create any third party beneficiaries of this Agreement. 18. No Personal Liability. No official, director, officer, agent or employee of either party hereto shall be charged personally or held contractually liable under any term or provision of this Agreement, or because of their execution, approval or attempted execution of this Agreement. 19. Modification. The terms of this agreement shall not be modified or amended except by written agreement of the parties hereto. The agreement, covenants, terms and 8 rk conditions contained herein may be modified only in writing through the written mutual consent of the parties hereto after approval by their respective governing boards. 20. Assignment. This Agreement shall be binding on the parties hereto and their respective successors and permitted assigns. Neither party may assign, transfer or otherwise convey its rights or obligations under this Agreement without the prior written consent of the other party,which may be withheld in such party's sole discretion. 21. Counterparts. This Agreement may be executed in separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Agreement shall be fully executed when each party whose signature is required has signed at least one counterpart, even if no one counterpart contains the signature of all parties. 22. Construction. This Agreement is and shall be deemed to be construed as a joint and collective work product of the City and the Park District and, as such, this Agreement shall not be construed against the other party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, of the terms and provisions contained herein. 23. Relationship of the Parties. This Agreement is not intended and shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 24. Choice of Law and Venue. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 25. Prior Agreements. This Agreement supersedes any and all prior understandings and agreements, whether written or oral, between the parties with respect to the subject matter of this Agreement. 26. Compliance with Laws. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement that the City and the Park District shall comply with all applicable Federal, State, City and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, the parties hereby certify, represent and warrant that their respective employees and/or agents that will be providing products and/or services with respect to this Agreement shall be legal residents of the United States. The parties shall also, at their respective cost and expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement, as may be required by law. SIGNATURE PAGE FOLLOWS r 9 IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly-authorized representative as of the day and year first written above. CITY OF ELGIN, an Illinois municipal HOFFMAN ESTATES PARK DISTRICT, a Illinois corporation park district. By By Mayor President Attest: Attest: City Clerk Secretary I I 10 EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY Outlot D in Princeton West Phase 2, being a subdivision of part of the East half of fractional section 6 and the Northeast quarter of fractional Section 7, Township 41 North, Range 9 East of the Third Principal Meridian, according to the plat thereof recorded May 21, 2004 as document 0414218122 and corrected by certificate of correction recorded September 23, 2004 as document 0426844032, in Cook County, Illinois. riba 11 • EXHIBIT B LEGAL DESCRIPTION OF PARK DISTRICT PROPERTY Parcel #1 Beginning at a point of intersection of the west line of the west half of fractional section 5, Township 41 north, range 9 east of the third principal meridian and a point 82.5 feet south of the toll road; thence easterly along said southerly line of the Northern Illinois Gas Company right of way 1128.4 feet to the west line of the Commonwealth Edison Company right of way; thence south along said right of way line 1597.57 feet; thence north 90° 13" 28" west 1138.95 feet to the west line of the west half of section 5; thence northerly along said west line to the point of beginning, all in Cook County Illinois. Parcel #2 Beginning at a point of intersection of the east line of the east half of fractional section 6, Township 41 north, range 9 east of the third principal meridian and a point 82.5 feet south of the toll road; thence westerly along said southerly line of the Northern Illinois Gas Company right of way 235 feet to the west line of lot 1; thence southerly 1597.56 feet along said west line to the southwest corner of lot 1; thence south 89° 56' 46" east line of section 6; thence north along said east line to the point of the beginning, all in Cook County, Illinois. A) 12 • f EXHIBIT C DEVELOPMENT PLANS 11111111 it M,{ of ,* 4^ '.....; '''";.'7 7....-'''..;*7:**7.,1.7r _13 • 4 • EXHIBIT D 411) GRADING PLANS AND SPECIFICATIONS • • '} rt • } GRAD1St, HUH VAN IS lA IF 1,414).:i"•••• ?•- • II T1`.FtinV77,1161`, Ala " - - --- - - - '- -' ---- 14 � • EXHIBIT E TURF SPECIFICATIONS SEEDING WORK PART 1 - GENERAL 1.01 DESCRIPTION Provide all materials, equipment, and labor to complete the seeding including: Fine grading and preparation for seed. Furnishing, transporting and applying seed. Repair of any damage resulting from seeding operation 1.02 RELATED WORK Section 02210: Earthwork 1.03 SUBMITTALS Samples - The following samples shall be submitted upon request to Owner's Representative prior to commencing with any seeding work: Manufacturer's Product Data - Three copies of manufacturer's product data shall be submitted for seed, lime, and fertilizer. Certificates - One copy of labels from the manufacturer's container certifying that the product meets the requirements shall be submitted for the following materials: Commercial fertilizer Seed mix indicating percentage of each type of seed by weight percentages of purity, germination, and percentage of weed seed for each species of grass seed. 1.04 DELIVERY, STORAGE AND HANDLING Deliver seed and fertilizer materials in original unopened containers, showing weight, analysis, and name of manufacturer. Store in a manner to prevent deterioration. 1.05 PLANTING SEASON Planting season for seed shall be as follows: Item Planting Period Spring Fall Seed 4/15 to 6/15 9/1 to 9/30 Planting shall only be performed when weather and soil conditions are suitable for planting the material specified in accordance with locally accepted practice. 2.00 PART 2- MATERIALS 2.01 WATER The Contractor will be required to water for establishing and maintaining the grass seed until acceptance. Contractor is responsible for providing water to the site. Contractor to provide hoses and equipment to distribute water to the areas that are seeded. 2.02 COMMERCIAL FERTILIZER 15 • • Fertilizer shall conform to the following: When applied as a topsoil amendment, fertilizer shall have an analysis that will deliver appropriate amounts of nitrogen, phosphorus, and potassium as required to remedy deficiencies revealed by testing of the topsoil. It is the Contractors responsibility to test the soil for deficiencies and provide a copy of the testing to the Owner's Representative prior to continuing installation of fertilizer and seed. Testing shall be completed at a minimum rate of six samples per acre. A starter fertilizer shall be used conforming to the following: Constituent % Present by Weight Nitrogen (N) 10 Phosphorus (P) 20 Potassium (K) 30 50% of nitrogen shall be derived from natural organic sources of ureaform. Available phosphorus shall be derived from superphosphate, or bone meal. Potassium shall be derived from muriate of potash containing 60% potash. Fertilizer shall be delivered in manufacturer's standard container printed with manufacturer's name,material weight, and guaranteed analysis. Fertilizers with N-P-K analysis other than that stated above may be used provided that the application rate per square foot of nitrogen, phosphorus, and potassium is equal to that specified. 2.03 SEED Grass seed shall be of the previous year's crop and in no case shall the weed seed content exceed 1% by weight. Contractor shall refer to Drawings for location of Prairie Grass Seed mixes. All other areas shall be Turf Grass Seed Mix. All grass mixes shall be types listed below or approved equal as provided by Arthur Clesen, Inc. 543 Diens Drive, Wheeling, IL 60090 (847) 537-2177. The grass seed shall conform to the requirements of the following tables: Turf Grass Seed Mix shall be ATHLETIC FIELDS applied at 2201bs per acre: % by % purity min. weight germination Midnight Star Kentucky Bluegrass 17 98 85 Denim Kentucky Bluegrass 16 98 85 Blacksburg II Kentucky Bluegrass 16 98 85 Citation Fore Perennial Ryegrass 25 95 85 Manhattan 4 Perennial Ryegrass 25 95 85 Prairie Grass Seed Mix shall be IDOT Class 4b-Wetland Grass and Sedge Mixture applied at 76.51bs per acre: Grass Type lbs Acre Annual Rye 25 Spring Oats 25 Wetland Grasses 6 16 r �s ,' • The seed shall be furnished and delivered pre-mixed in the proportions specified above. All seed shall comply with State and Federal seed laws. When a Prairie Grass Seed Mix is used, the Contractor shall install selective mowing stakes to delineate areas of prairie. Stakes shall be steel posts typically used for agricultural staking with a steel anchor plate welded or riveted to each post approximately 18" from the bottom of stake. Stakes shall be painted green with the top 10" painted white and shall be driven into the ground to a height of 42" above grade. Stakes shall be located as directed by the Owner's Representative. 2.04 SEED BLANKET Erosion control blanket shall be Profile Futerra Biodegradable Blanket as distributed by Profile Products LLC, 750 Lake Cook Road, Buffalo Grove, Illinois 60089 Phone 800-207- 6457, or approved equal. Staples for erosion control blanket shall be Futerra Biodegradable Resin Staples. 3.00 PART 3 -CONSTRUCTION REQUIREMENTS 3.01 INSPECTION Examine rough grade surfaces, grades, topsoil quality, and depth. Do not start seed work until unsatisfactory conditions are corrected. Notify Owner's Representative immediately when unsatisfactory conditions are found. 3.02 PREPARATION Remove from area to be seeded all stones, boulders, debris, and other material larger than one half inch in diameter. Complete all fine grading operations including shaping, filling ruts and depressions, and trimming to establish uniformly the lines and grades shown on the Plans, and as staked in the field. Contractor is REQUIRED to have seeded areas reviewed for approval by an Owner's Representative prior to seed installation. The areas to be seeded shall be thoroughly tilled and cultivated to a minimum depth of three inches with a disc, tiller, or other equipment approved by Owner's Representative. Prepared surface shall be smooth, dry, free of all weeds, clods, stones, roots, gullies, crusting, and caking. Contractor shall contact Owner's Representative 48 hours prior to application of fertiliser or seed. Failure to receive approval from Owner's Representative prior to applications of fertilizer and/or seed may require Contractor to reshape the grading, remove additional debris and/or perform additional cultivation at no additional cost to the Owner. After cultivation and after areas to be seeded have been approved by Owner's Representative, fertilizer shall be applied at the rates listed above and worked into the soil using a harrow, or other equipment approved by the Owner's Representative. Restore and repair areas to specified condition if eroded, settled, or otherwise disturbed after fine grading and prior to seeding. 3.03 INSTALLATION Seed immediately after preparation of bed. 17 • , tr • No seeding shall be done during windy weather. Seeding shall be done in a minimum of two directions at right angles to each other. Sow seed evenly by hand or with approved seeding device in the proportions and at the rate specified above. The seed shall be covered with a thin layer of topsoil by light raking or other approved method, rolled in both directions with an approved implement weighing not more than 100 pounds per foot of width, and watered with a fine spray. Take necessary precautions to keep the area undisturbed until the grass is established. Erosion control blanket shall be installed at the time of seeding per the manufacturers instructions. 3.04 MAINTENANCE Contractor shall be responsible for manual re-seeding until a full uniform stand of grass that is free of weeds, undesirable grass species, disease, and insects is achieved and accepted by the Owner's Representative. Repair, re-work, and re-seed all areas that have washed out, eroded, or have not taken. No area of bare soil 6"x 6" or greater shall be accepted. Contractor shall be responsible to water the seeded area as needed to achieve a uniform stand. Contractor to perform two mowings prior to request for Acceptance. Use Lawn Vacuum on second mowing to remove remaining erosion control blanket. 98% of all erosion control blanket will be required to be removed prior to acceptance. 3.05 ACCEPTANCE Inspection of seed areas will be made by the Owner's Representative after turf is established. Notify Owner's Representative five working days prior to requested inspection date. Seeded areas will be acceptable providing that all requirements have been complied with and a healthy, uniform, close stand of specified grass is established free of weeds, undesirable grass species, disease and insects. No individual lawn areas shall have bare spots of 4"x 4" or greater or unacceptable cover totaling more than 2% of the area to be inspected. Upon approval and acceptance by the Owner or Owner's Representative, Owner shall take over full maintenance responsibility. 3.06 CLEANING Perform cleaning during installation of the work and upon completion of the work. Remove from site all excess materials, debris, and equipment. Repair damage resulting from seeding operations. 3.07 METHOD OF MEASURE AND BASIS FOR PAYMENT The method of measure and basis of payment for the seed work of this contract shall be based upon being completed and accepted, according to the Lump Sum line item on the Bid Form. The work shall include all fine grading, testing, soil amendments, seeding, maintenance and repair, labor, equipment, materials, and incidentals required to 18 A I • perform and\complete this work. No payment shall be made prior to acceptance of turf areas. \. END OF SECTION \ 19 , ELGIN THE CITY IN THE SUBURBS- DATE: May 16, 2011 TO: Randy Reopelle, Parks and Recreation Director FROM: Jennifer Quinton, Acting City Clerk SUBJECT: Resolution No. 11-83, Adopted at the May 11, 2011, Council Meeting Enclosed you will find the agreement listed below. Please distribute this agreement to the other party and keep a copy for your records if you wish. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Intergovernmental Agreement with the Hoffman Estates Park District for the Construction,Maintenance and Joint Use of Park Facilities