T19-01 w
FILED FOR RECORD
KANE CO t i Y ILL.
2001K 1 1 197 4 r01 OCT 2.5 PH 3: 45
State of Illinois )
County of Kane) ss
City of Elgin )
CERTIFICATE OF CITY CLERK
I, Dolonna Mecum,DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of:
ORDINANCE NO. T19-01
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Holmes Road)
passed by the Elgin City Council at its legally convened meeting held on August 22, 2001.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
7-0 of Elgin at the said City in the County and State aforesaid this September 17, 2001.
A i .,:vim_. Ati I
City Clerk
(SEAL)
This instrument prepared by: Return to:
William A. Cogley Dolonna Mecum
Corporation Counsel Elgin City Clerk !,
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
�C-5 2001K111974
Ordinance No. T19-01
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Holmes Road)
WHEREAS, Randall Road Office Building, L.L.C. and the City of
Elgin have cooperatively constructed certain roadway improvements
for Holmes Road, running westerly from Randall Road a distance of
507 . 98 feet, more or less, and it is fair and equitable to require
benefitted properties to pay their fair share of the cost of such
construction; and
WHEREAS, the construction of such roadway improvements makes
access to and from adjoining properties and adjacent public
roadways available to nearby properties and thereby benefits said
properties; and
WHEREAS, it is fair and equitable to require reimbursement to
Randall Road Office Building, L.L.C. for a portion of the value of
such construction costs which benefits such properties; and
WHEREAS, the April 20, 1997 annexation agreement for the
Randall Road Office Building, LLC property include a provision,
Paragraph 13 , Subsection C, copy attached as Exhibit B, to fairly
distribute the cost of construction as follows; 1/3 by City, 1/3 by
owner of subject property and 1/3 by titleholder of the parcel of
real estate lying south of the Holmes Road right-of-way; and
WHEREAS, the cost of constructing Holmes Road amounts to
$283, 372 . 13 of which Randall Road Office Building, L.L.C. completed
improvements totaling $250, 690 and the City completed improvements
totaling $32, 682 . 13 resulting in a 1/3 share of $94 , 457 . 38 per
entity; and
Whereas, Randall Road Office Building, L.L.C. was responsible
for all initial costs of constructing Holmes Road; and then due
recapture, the City' s contribution to the improvements shall be
credited against the City' s share due to Randall Road Office
Building, LLC resulting in the amount of $61, 775 . 25; and
WHEREAS, the City of Elgin is a home rule unit authorized to
exercise any power and to perform any function relating to its
government and affairs; and
WHEREAS, ownership and maintenance of public roadways is a
function pertaining to the government and affairs of the City of
Elgin;
2001K 1 19 7 it �.�-
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1 . That no territory described and identified herein
shall be permitted to annex to the City of Elgin or obtain approval
for any construction thereon, as the case may be, until such time
as payment is made to the City of Elgin of an amount allocated as
the fair proportionate share of the cost of said improvement
construction as follows :
Parcel 1
Parcel Index Number - 03-31-400-035
Owner/Legal Description - C & L Farms, Inc .
1750 Grandstand Place
Elgin, Illinois 60123
That part of the South East 1/4 of Section 31, Township 42
North, Range 8 East of the Third Principal Meridian, described as
follows : commencing at the North East corner of said South East
1/4 ; thence South along the East line of said quarter section
1300 . 7 feet for the point of beginning; thence South along the East
line of said quarter section 150 feet; thence westerly along a line
that forms an angle of 87 degrees, 10 minutes, 0 seconds to the
right with the prolongation of the last described course, 240 . 2
feet; thence Northerly along a line that forms an angle of 91
degrees, 55 minutes, 0 seconds to the right with the prolongation
of the last described course 150 feet; thence Easterly along a line
that forms and an angle of 88 degrees 08 minutes, 0 seconds to the
right with the prolongation of the last described course 242 . 7 feet
to the point of beginning, in the Township of Dundee, Kane County,
Illinois, except that part conveyed by Warranty Deed dated
March 29, 1995, to the County of Kane for roadway purposes.
Lineal Footage - 182 . 7 linear feet
Recapture Amount - $33, 404 . 86
Parcel 2
Parcel Index Number - 03-31-400-036
Owner/Legal Description - C & L Farms, Inc.
1750 Grandstand Place
Elgin, Illinois 60123
Part of the Southwest Quarter of Section 31 , Township 42
North, Range 8 East of the Third Principal Meridian, described as
follows : Commencing at the Northeast Corner of the said Southeast
2001KII1974
Quarter of Section 31; thence North 88 degrees 47 minutes 45
seconds West, along the North line of said Southeast Quarter, a
distance of 558 .23 feet to an existing iron stake; thence South 02
degrees 06 minutes 07 seconds West, a distance of 935 . 30 feet to a
North line of Document No. 1261098, as monumented; thence North 88
degrees 30 minutes 53 seconds West, along said monumented line, a
distance of 8 . 18 feet of an existing iron stake; thence South 02
degrees 03 minutes 59 seconds West, along a West line of said
Document No. 1261098, as monumented, a distance of 385 . 82 feet to
the South line of said Document No. 1261098, as monumented, for the
point of beginning; thence North 88 degrees 53 minutes 04 seconds
East, along said South line, a distance of 333 . 65 feet to a point
on said line that is 242 . 60 feet (record being 242 . 70 feet)
westerly of the East line of the aforesaid Southeast Quarter of
Section 31; thence South 00 degrees 46 minutes 39 seconds West, a
distance of 150 . 00 feet; thence North 88 degrees 51 minutes 39
seconds East, a distance of 240 .20 feet to a point on the East
line, of the Southeast Quarter of said Section 31 that is 1447 . 65
feet, as measured along said East line, South of the aforesaid
Northeast Corner of the Southeast Quarter; thence South 01 degree
41 minutes 39 seconds West, along said East line, a distance of
70 . 09 feet; thence South 88 degrees 51 minutes 39 seconds West, a
distance of 577 . 69 feet to a line that bears South 02 degrees 03
minutes 59 seconds West from the point of beginning; thence North
02 degrees 03 minutes 59 seconds East, along said line, a distance
of 220 . 40 feet to the point of beginning. Being situated in Elgin
Township, Kane County, Illinois, except that part conveyed by
Warranty Deed dated March 29, 1995, to the County of Kane for
roadway purposes .
Lineal Footage - 333 . 92 linear feet
Recapture Amount - $61, 053 . 93
Section 2 . That any property held in common ownership with
and contiguous to property subject to the provisions of this
ordinance on the effective date of this ordinance shall be subject
to payment based on the entire amount established for the entire
parcel as provided in this ordinance.
Section 3 . That any person desiring to so annex or obtain
construction approval may pay the amount allocated without interest
if payment is made prior to October 31, 2001 . If full payment is
not made prior to October 31, 2001, then payment shall be made in
full plus interest at the rate of eight (8%) percent per annum
accruing from November 1, 2001 , until the date of payment .
Section 4 . That any amounts received by the City Treasurer
pursuant to this ordinance shall be paid to Randall Road Office
2001 S. 1 1 19 7
Building, L.L.C. or its successors or assigns, as reimbursement for
the cost of the improvements as set forth above.
Section 5 . That a certified copy of this ordinance shall be
recorded with the Recorder of Deeds of Kane County, Illinois.
Section 6 . That this ordinance shall be in full force and
effect from and after its passage in the manner provided by law.
s/ Ed Schock
Ed Schock, Mayor
Presented: August 22, 2001
Passed: August 22, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Recorded: August 23, 2001
Published:
Attest :
s/ Dolonna Meculm
Dolonna Mecum, City Clerk
20000 1 1 9 7 4 ��'
A.4 40
` City of Elgin Agenda Item No.
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L 4101
August 3, 2001 G viii , 4
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TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES.
AND QUALITY INFRASTRUCTURE
FROM: Joyce A. Parker, City Manager
SUBJECT: Proposed Roadway Recapture Ordinance and Reimbursement
for Holmes Road and the Holmes/Randall Intersection
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider the adoption of a
recapture ordinance and approval of reimbursements for the
construction of Holmes Road between Randall Road and Capital Street
and the Holmes/Randall Intersection.
BACKGROUND
The developer of the new office complex located at the corner of
Randall Road and Holmes Road, Doctor Zahid of Randall Road Office
Building, L.L.C. , constructed the intersection of Randall Road and
Holmes Road and Holmes Road from Randall Road to Capital Street .
With some exceptions, the Doctor completed these improvements at
his cost and is now requesting the City consider reimbursement of
their share and the adoption of recapture ordinance to recoup costs
from future developer (s) .
In accordance with the April 30, 1997 Arsoniadis annexation
agreement, the Doctor constructed Holmes Road lying within the
subject property (that was annexed) in 1998 . The annexation
agreement is silent relative to the intersection improvements.
However, because Capital Street did not exist at the time, Holmes
Road would not have been accessible without the intersection.
According to the annexation agreement, the City would be
responsible for one third and each abutting property owner would be
responsible for one third of the construction cost of construction
the subject street . Attached is an ordinance providing for the
City' s share and the recapture shares for Holmes Road between
Randall Road and Capital Street .
rHolmes Road Reimbursement
August 3 , 2001
Page 2
The cost to improve Holmes Road totaled $283 , 372 . 13 . It has been
reviewed by the Engineering Division and found to be a fair cost .
Of this total cost, the City completed $32 , 682 . 13 worth of
improvements which include the final surface and street lighting.
A one third share of the total cost is $94 , 457 . 38 . Because the
City completed a share of the improvements, its portion is reduced
to $61, 775 . 25 .
In February of 1999 staff approached City Council with an
engineering services agreement amendment relative to the
Holmes/Randall intersection. The memorandum to City Council is
attached as Exhibit B. This memorandum explained the regional
importance of the intersection, the need for a traffic study to
satisfy Kane County and their permit requirements and the issue of
the City reimbursing the Doctor for the intersection improvements .
The Doctor proceeded with the intersection improvements based upon
the understanding he had with City staff that he would be
reimbursed for all costs to construct said improvements . The
Doctor provided the City with an estimate of cost of $125, 000 .
Unfortunately the Doctor failed to include Engineering, Legal and
Testing fees in his estimate. Ultimately the entire cost to
construct the intersection was $146, 845 which has been reviewed by
the Engineering Division and found to be a fair cost .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Doctor Mohammad Zahid
011/ FINANCIAL IMPACT
The City' s share of the construction of Holmes Road is $61, 775 .25
and the cost of the intersection of Holmes/Randall is $146, 845 . 00
for a total City cost of $208, 620 . 25 . The funds remaining in the
Capital Street budget, Project 339577, account 270-0000-791 . 93-80,
totaling to $199, 616 . 37 will be utilized for the majority of the
reimbursement . The remainder, $9, 003 . 80, will be paid for
utilizing unspent funds from the Hopps Road Reconstruction project,
project number 339613, account number 275-0000-791 . 93-80 . A budget
adjustment will be necessary.
\0104t/Aj EGAL IMPACT
None .
r
rib' Holmes Road Recapture Ordinance
August 3, 2001
Page 3
ALTERNATIVES
A) Agree to reimburse the Doctor for the full amount of the
intersection and process the recapture for Holmes Road in
accordance with the annexation agreement and the attached
ordinance.
B) Because there is no agreement between the Doctor and the City,
the City is under no obligation to pay for the improvements .
This alternative would pay recapture to the Doctor per the
annexation agreement only.
RECOMMENDATION
It is recommended that City Council adopt the recapture ordinance
and authorize staff to reimburse Doctor Zahid, Randall Road Office
Building, L.L.C. , in accordance with this ordinance and for the
intersection in the amount of $208, 620 . 25 .
rRespectfully submitted,
a 07,4/5-A.s
AO' A. Parker
ity Manager
JE:do
Attachments
r
Exhibit A
Holmes Road
Recapture Ordinance
Ordinance No.
AN ORDINANCE
ALLOCATING THE COST OF CERTAIN ROADWAY IMPROVEMENTS
TO BENEFITTED PROPERTIES
(Holmes Road)
WHEREAS, Randall Road Office Building, L.LC. and the City of Elgin have
cooperatively constructed certain roadway improvements for Holmes Road, running westerly
from Randall Road a distance of 507.98 feet, more or less, and it is fair and equitable to require
benefitted properties to pay their fair share of the cost of such construction; and
WHEREAS, the construction of such roadway improvements makes access to and from
adjoining properties and adjacent public roadways available to nearby properties and thereby
benefits said properties; and
WHEREAS, it is fair and equitable to require reimbursement to Randall Road Office
Building,L.L.C. for a portion of the value of such construction costs which benefits such
properties; and
WHEREAS, the April 20, 1997 annexation agreement for the Randall Road Office
Building, LLC property include a provision, Paragraph 13, Subsection C, copy attached as Exhibit
B, to fairly distribute the cost of construction as follows; 1/3 by City, 1/3 by owner of subject
property and 1/3 by titleholder of the parcel of real estate lying south of the Holmes Road right-
of-way; and
WHEREAS, the cost of constructing Holmes Road amounts to $283,372.13 of which
Randall Road Office Building, LLC completed improvements totaling $250,690 and the City
completed improvements totaling$32,682.13 resulting in a 1/3 share of$94,457.38 per entity;
and
Whereas, Randall Road Office Building, LLC was responsible for all initial costs of
constructing Holmes Road; and then due recapture, the City's contribution to the improvements
shall be credited against the City's share due to Randall Road Office Building, LLC resulting in
the amount of$61,775.25; and
WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and to
perform any function relating to its government and affairs; and
WHEREAS, ownership and maintenance of public roadways is a function pertaining to the
government and affairs of the City of Elgin;
NOW, THEREFORE, be it ordained by the City Council of the City of Elgin, Illinois:
Section 1. That no territory described and identified herein shall be permitted to annex to
rthe City of Elgin or obtain approval for any construction thereon, as the case may be, until such
time as payment is made to the City of Elgin of an amount allocated as the fair proportionate
share of the cost of said improvement construction as follows:
Parcel 1
Parcel Index Number- 03-31-400-035
Owner/Legal Description- C &L Farms, Inc.
1750 Grandstand Place
Elgin, Illinois 60123
That part of the South East 1/4 of Section 31, Township 42 North, Range 8 East of the
Third Principal Meridian, described as follows: commencing at the North East corner of said
South East 1/4;thence South along the East line of said quarter section 1300.7 feet for the point
of beginning;thence South along the East line of said quarter section 150 feet;thence westerly
along a line that forms an angle of 87 degrees, 10 minutes, 0 seconds to the right with the
prolongation of the last described course, 240.2 feet;thence Northerly along a line that forms an
angle of 91 degrees, 55 minutes, 0 seconds to the right with the prolongation of the last described
course 150 feet; thence Easterly along a line that forms and an angle of 88 degrees 08 minutes, 0
seconds to the right with the prolongation of the last described course 242.7 feet to the point of
beginning, in the Township of Dundee, Kane County, Illinois, except that part conveyed by
Warranty Deed dated March 29, 1995, to the County of Kane for roadway purposes.
Lineal Footage- 182.7 linear feet
Recapture Amount- $33,404.86
Parcel 2
Parcel Index Number- 03-31-400-036
Owner/Legal Description- C&L Farms, Inc.
1750 Grandstand Place
Elgin, Illinois 60123
Part of the Southwest Quarter of Section 31, Township 42 North, Range 8 East of the
Third Principal Meridian, described as follows: Commencing at the Northeast Corner of the said
Southeast Quarter of Section 31;thence North 88 degrees 47 minutes 45 seconds West, along the
North line of said Southeast Quarter, a distance of 558.23 feet to an existing iron stake;thence
South 02 degrees 06 minutes 07 seconds West, a distance of 935.30 feet to a North line of
Document No. 1261098, as monumented;thence North 88 degrees 30 minutes 53 seconds West,
along said monumented line, a distance of 8.18 feet of an existing iron stake;thence South 02
degrees 03 minutes 59 seconds West, along a West line of said Document No. 1261098, as
monumented, a distance of 385.82 feet to the South line of said Document No. 1261098, as
monumented, for the point of beginning; thence North 88 degrees 53 minutes 04 seconds East,
along said South line, a distance of 333.65 feet to a point on said line that is 242.60 feet(record
being 242.70 feet)westerly of the East line of the aforesaid Southeast Quarter of Section 31;
thence South 00 degrees 46 minutes 39 seconds West, a distance of 150.00 feet;thence North 88
degrees 51 minutes 39 seconds East, a distance of 240.20 feet to a point on the East line, of the
Southeast Quarter of said Section 31 that is 1447.65 feet, as measured along said East line, South
of the aforesaid Northeast Corner of the Southeast Quarter;thence South 01 degree 41 minutes
39 seconds West, along said East line, a distance of 70.09 feet;thence South 88 degrees 51
minutes 39 seconds West, a distance of 577.69 feet to a line that bears South 02 degrees 03
minutes 59 seconds West from the point of beginning;thence North 02 degrees 03 minutes 59
seconds East, along said line, a distance of 220.40 feet to the point of beginning. Being situated
in Elgin Township, Kane County, Illinois, except that part conveyed by Warranty Deed dated
March 29, 1995, to the County of Kane for roadway purposes.
Lineal Footage - 333.92 linear feet
Recapture Amount- $61,053.93
Section 2. That any property held in common ownership with and contiguous to property
subject to the provisions of this ordinance on the effective date of this ordinance shall be subject
to payment based on the entire amount established for the entire parcel as provided in this
ordinance.
Section 3. That any person desiring to so annex or obtain construction approval may pay
the amount allocated without interest if payment is made prior to , 2001.
If full payment is not made prior to , 2001, then payment shall be made in full
plus interest at the rate of ( %)percent per annum accruing from
2001, until the date of payment.
Section 4. That any amounts received by the City Treasurer pursuant to this ordinance
shall be paid to Randall Road Office Building, L.L.C. or its successors or assigns, as
reimbursement for the cost of the improvements as set forth above.
Section 5. That a certified copy of this ordinance shall be recorded with the Recorder of
Deeds of Kane County, Illinois.
Section 6. That this ordinance shall be in full force and effect from and after its passage in
the manner provided by law.
•
Ed Schock, Mayor
Presented:
Passed:
Omnibus Vote: Yeas Nays
Recorded:
Published:
Attest:
Dolonna Mecum, City Clerk
r
r
HOLMES ROAD RECAPTURE AGREEMENT
EXHIBIT A
SUMMARY OF FINAL COSTS FOR CONSTRUCTION OF HOLMES ROAD
August 1, 2001
Portion Completed by Developer
Engineering Henry Uteg $20,000
Construction Various $198,762
Legal $5,000
Miscellaneous
Plote finished the returns $15,856
Testing $1,500
Corn Ed $9,572
Total $250,690
Portion Completed by City
Construction
Binder course $13,468.00
Surface course $8,587.00
Street lights $10,627.13
$32,682.13
eglik TOTAL COST TO CONSTRUCT HOLMES ROAD
Developer $250,690.00
City $32,682.13
$283,372.13
1/3 share $94,457.38
(property to south, City and Developer)
RECAPTURE CALCULATION PER ENTITY
Property to
City Developer the South TOTAL
To be paid to developer $94,457.38 $94,457.38 $94,457.38 $283,372.14
Paid to date $32,682.13 $0.00 $0.00 $32,682.13
Amount to include in recapture $61,775.25 $94,457.38 $94,457.38 $250,690.01
r
7
RIDER' TO -ANNEATION AGREEMENT
• ARSONIA1IS "
I. Paragraph 13 of the Agreement is hereby deleted in
its entirety and the following is inserted in lieu thereof :.
THIRTEEN: A. Except as otherwise set forth herein,
Owner shall comply with the City of Elgin Statement of
Policy - Development Contributions for Roadways
+ attached as Exhibit "B" prior to the approval of an ,
ordinance annexing the Subject Property.
B. Attached hereto as Exhibit '!C" is a Plat of
Dedication to the City. of Elgin by which portions of
the Subject Property are to be dedicated for Holmes
Road and Capital Street. Such Plat of Dedication shall
be executed by Owner and all other appropriate parties
and delivered to the City on or before approval of an
ordinance annexing the Subject Property.
C. Notwithstanding the provisions of Exhibit "B, " the
construction. of the improvements for that portion. of
Holmes Road lying within the Subject Property shall be
commenced by Owner, or Owner' s successor in interest
with respect to the Subject Property, no later than
twelve (12) months from the date of the ordinance
annexing the Subject Property, as set forth in the
foregoing Paragraph TWO of this Agreement, and shall be
completed in accordance with applicable ordinances of
the City of Elgin and specifications approved by the
City of Elgin within twelve (12) months of commencement
of construction; provided., .however, that no such
construction shall be commenced until the City_ of Elgin
has reviewed and approved the cost: estimates thereof.
The cost of such improvements shall be borne (i) one-
third (1/3) by the City, (ii) one-third (1/3) by the
- then owner of the Subject Property, and (iii) one-third
(1/3) by the record titleholder (currently C & L Farms,
- • Inc. ) of the parcel of reel estate lying south of the
Holmes Road right-of-way. The City' s share of such
cost shall be paid within twelve (12) months after
acceptance of such improvements by the City, which
acceptance shall not be unreasonably withheld or
delayed. The adjoining property owner' s share of such
cost shall be reflected in a reimbursement ordinance
and shall be payable, plus interest at the rate then .
being charged by the City in reimbursement ordinances, .
upon annexation of such 'adjoining parcel to the
boundaries of the City of Elgin.
EXHIBIT B
PARAGRAPH 13 C
ARSONIADIS ANNEXATION
AGREEMENT 4/20/97
W
Randall Road Office Building LLC
d I
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NO TH
Holmes Roao
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Parcel
I Number 1 d
Parcel Number 2
1
Homes Roao Recp ± re
Exhibit B
February 1999
Memorandum to
City Council
.. yOFEtc
`i( Agenda Item No.
— City of Elgin
ti
February 5, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Amendment with Stanley Consultants, Inc .
for a Traffic Study
-
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
approval of an amendment to an existing Engineering Services
Agreement for traffic studies at the proposed Randall
Road/Holmes Road intersection.
BACKGROUND
Beginning in 1988, the City planned for the development of
eft. Capital Drive and Holmes Road by accepting dedications of
right-of-way from Sherman Health Systems and CMD, the develop-
er of Westfield Business Park. Until 1997 the only business in
the area west of Randall Road and north of Big Timber Road was
First Card. The improvements to Randall Road triggered the
1998 decision package to construct Capital Drive, Holmes Road •
and the intersection establishing a second access point to the
area.
In 1998 Doctor Zahid approached the City to develop a parcel
which was dependent on Holmes Road and Capital Drive for
access . In 1998, the developer was required to construct
Holmes Road from Randall Road west to the proposed Capital
Drive, including the intersection with Randall Road. The
developer was successful in obtaining permits to construct the
road but was unsuccessful in obtaining permits from Kane
County for the intersection. Doctor Zahid has begun construc-
tion of Holmes Road but until a traffic study and intersection
design study is submitted to Kane County, access to Holmes
Road from Randall Road is limited to right in and right out .
On April 14 , 1998, the City entered into an Engineering
Service Agreement with Stanley Consultants, Inc. to design
Capital Drive from Alft Lane to Holmes Road. Because the
required studies encompass and benefit a large area and were
not a part of the annexation agreement with Dr. Zahid and
other adjoining property owners, it is more appropriate to
amend the Stanley agreement to conduct a traffic study. A
copy of the amendment is attached.
Stanley Consultants/Traffic Study
February 5, 1999
Page 2
ems- Once completed, the intersection study will be submitted to
Kane County for review and approval . The approved study will
dictate the design of the Randall Road intersection. Con-
struction plans for the intersection will be completed by the
developer (Dr. Zahid) , using the intersection studies, and
then submitted to Kane County for issuance of permits .
In accordance with the annexation agreement for Doctor Zahid' s
property, there are cost sharing provisions for the construc-
tion of Holmes Road but not for the intersection. The City' s
current roadway contribution policy does not address intersec-
tions . The benefit of this intersection will cover a vast area
west and east of Randall Road, some of which is developed with
heavy traffic generators . The City will reimburse Doctor Zahid
in 2000 for costs incurred to construct the intersection. The
annexation agreements for parcels abutting Capital Drive and
Holmes Road require the annexation petitioners to pay two-
thirds of the roadway costs. The remaining one-third is paid
for by the City. However, the City did not know what type of
street it would build nor did it have actual cost estimates to
base their payment on. Therefore, monies received from those
properties already annexed will not cover their share if they
annexed today.
r COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Dr. Mohammad Zahid, Developer of Medical Complex, 1530 Holmes
Road.
Mr. Henry Uteg, P.E. , Developer ' s Engineer
ov_,FINANCIAL IMPACT
The cost of the amendment with Stanley Consultants, Inc. is
$10, 835, bringing the total agreement cost to $158, 192 . The
City has budgeted $900, 000 in the 1999 Fox Bluff Corporate
Center Fund (account number 270-0000-791 . 93-80, project number
339577) for the construction of Capital Drive between Holmes
Road and Alft Lane . There are sufficient funds remaining
within the account for this amendment .
It should be noted that because Kane County has changed their
policy and will no longer contribute toward the cost of
intersection improvements, the City as well as those proper-
ties not currently annexed that will benefit from the inter-
section improvements will bear those intersection costs. It
is estimated that the cost of an intersection to serve this
point on Randall Road could eventually cost approximately
$500, 000 .
r1J LEGAL IMPACT
None .
Stanley Consultants/Traffic Study
February 5, 1999
Page 3
ALTERNATIVES
Require Doctor Zahid to perform the traffic studies .
RECOMMENDATION
It is recommended that the City Council approve the subject
amendment with Stanley Consultants, Inc. in the not-to-exceed
amount of $10, 835 . and authorize staff to execute the neces-
sary documents .
: ResI'ectfully submi ,
(2,
Arce Af Parker
City Manager
JE/do
Attachments
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CITY OF ELGIN, ILLINOIS
WILLARD AVENUE AND CAPITAL STREET
ENGINEERING SERVICES AGREEMENT AMENDMENT NO. 1
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This Amendment No. 1 entered into this day of
1998, by and between the City of Elgin, an Illinois Municipal
Corporation ( hereinafter referred to as "CITY" ) and Stanley
Consultants (hereinafter referred to as "ENGINEER" ) , shall
modify that* Agreement dated April 14 , 1998 , whereby the ENGINEER
was engaged by CITY to perform certain professional services in
connection with the preparation of plans , specifications ,
estimates of cost and construction related engineering services
for the Willard Avenue and Capital Street Project (hereinafter
referred to as "PROJECT" ) .
Whereas the payment to the ENGINEER for traffic engineering and
permitting relative to the proposed Holmes Road/Randall Road
intersection was not included in the Agreement, and,
Whereas the City desires to expand the scope of services to
include the ENGINEER' s efforts to conclude traffic engineering
sufficient to satisfy Kane County' s intersection permit
requirements for Randall Road, and,
rk Whereas the CITY desires to include the payments to the ENGINEER
under paragraph IV of the Agreement in connection with the
aforementioned traffic engineering pertaining to the PROJECT.
In response to these additional services, certain revisions must
be made . to the Agreement . In compliance, therefore, the terms
and conditions of the agreement are modified as specifically set
out below. All other parts of the Agreement remain unchanged.
SECTION I of the AGREEMENT is hereby amended to create
subparagraph D to read as follows :
D. In general, the ENGINEER' s work shall include, but not be
limited to, the following major traffic engineering activities .
Traffic Engineering
1 . Traffic Counts
2 . Traffic Studies
3 . Intersection Design Study
4 . Report
5 . Meetings/Coordination
elik SECTION IV of the Agreement is hereby amended to revise
subparagraph C to read as follows :
d.i
7 C. For direct costs the CITY shall reimburse the ENGINEER the
actual amount of the cost incurred by the ENGINEER. The not-to-
exceed amount of direct costs shall be $9 , 500 .
Inclusive of Paragraph IVA, IVB, IVC and IVE this AGREEMENT
shall not exceed $158, 192 .
Section IV of the AGREEMENT is hereby amended to create
subparagraph E to read as follows :
E. For services provided in connection with items described in
paragraph I .D. of this AGREEMENT, the ENGINEER shall be
reimbursed in accordance with the itemized work effort attached
to and incorporated into this FIRST AMENDMENT TO THE AGREEMENT
as "Exhibit A" , with a total fee not-to-exceed $10, 835 . 02
regardless of actual cost incurred by the ENGINEER unless
substantial modifications to - the scope of work are authorized by
the City through a change order or written amendment to this
AGREEMENT.
All other provisions of the AGREEMENT shall remain in full force
and effect .
IN WITNESS WHEREOF, the undersigned have placed their hands and
seals upon and executed this Agreement in triplicate as though
each copy hereof was an original and that there are no other
oral agreements that have not been reduced to writing in this
epik statement .
For the CITY:
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ATTEST: THE CITY OF ELGIN, ILLINOIS
By: By:
City Clerk City Manager
(SEAL) ( SEAL)
For the ENGINEER:
Dated this 93 day of e4.4 _____ , A. D. , 1998 .
ATTEST: STANLEY CONSULTANTS, INC.
r
By: � 4 gy
. Vice President
1 ,
1
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EXHIBIT A
WORK EFFORT
HOLMES ROAD TRAFFIC STUDY
CITY OF ELGIN
Personnel & Hours Madt4IMAIMMEN IN.Mit010.0:::
PP PM PE ENGR GRAPHIC LERICA MIR.6.46.11.21:01011:00:.pw".0
Traffic Counts (Peak Hours) 8 8 16 Vingein $5M.a0.:4::::::.;
Traffic Studies 12 8 20 NOSSiS f:W69 40.1cogi
-
Intersection Design Study 16 12 20 48 ginied ki*Ort 6(*)':::g
Report 8 8 8 4 ' 28 Viietegrig$7,0-F2a::::::,
.::::::#0,4;. ... .':: .-.::...............
Meetings/Coordination 2 4 4 10 ',.::::::,..40.V;1ft:',.0.$61.:nOM
Subtotal 2 40 32 8 36 4 :...0.111:12.2to
%la fiti00:.,,:gaggeng:::igingglifk0415.5.VS:0:03ZIS.W41.1026MVIS:Aimqz*0.120.:6%001%.014, issiessw:::::::::::misygm::::::::::k
Total::.Cdst::::::::::i:•:::::::::si.::::::::::::::',:::::::g::i':::::,:iii.:::::::::i•::::f:M:::,1::! /.020i•:i:::i::::::::.:$V,66%..QW:l'::i::$08 g.:160:.::::::::i$1.5.1140 : :...$7:12 80::::::::::::10.4V;8Q.::::::.::::::RPRE.Rgi IUMP:giNi..!:::::.:li.1:::43125.31:13.M:
Multiplier 2.9 Mfig."0:::::Air.dil $9,436.02 •
Survey $1,000.00
CADD Charges '
..:ii.OM.0,011:11 $200.00
Direct Costs IN:1115gen $200.00
;11:0•AMANA3V.11ggi.:::::WIR::::::MillIMP.I.
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