HomeMy WebLinkAboutRESOLUTION - 62-23 - 12/12/2023 - 2020 LUNT AVENUE-6B (2)RESOLUTION NO. 62-23
A RESOLUTION DETERMINING THE APPROPRIATENESS FOR CLASS 6B STATUS
PURSUANT TO THE COOK COUNTY REAL PROPERTY CLASSIFICATION
ORDINANCE AS AMENDED JULY 27, 2018, FOR CERTAIN REAL ESTATE LOCATED
AT 2020 LUNT AVENUE, ELK GROVE VILLAGE, ILLINOIS
WHEREAS, the Village of Elk Grove Village desires to promote the development of
industry in the Village of Elk Grove; and
WHEREAS, the Cook County Assessor is operating under an ordinance enacted by the
Cook County Board of Commissioners, and amended from time to time, the most recent
amendment becoming effective as of July 27, 2018, which has instituted a program to encourage
industrial and commercial development in Cook County known as the Cook County Real
Property Classification Ordinance; and
WHEREAS, the Petitioner has applied for or is applying for Class 6B property status
pursuant to said aforementioned ordinance for certain real estate located at 2020 Lunt Avenue, in
the Village of Elk Grove Village, Cook County, Illinois, with the Property Index Numbers 08-
35-104-038-0000 and 08-35-104-046-0000, has proven to this Board that such incentive
provided for in said ordinance is necessary for development to occur on this specific real estate.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, Illinois:
Section 1: That the request of the Petitioner to have certain real estate located at
2020 Lunt Avenue, Elk Grove Village, Cook County, Illinois, and identified by Property Index
Numbers 08-35-104-038-0000 and 08-35-104-046-0000, declared eligible for Class 6B status
pursuant to the Cook County Real Property Classification Ordinance as amended July 27, 2018,
is hereby granted in that this Board and the Village of Elk Grove Village, Illinois, has determined
that the incentive provided by the said Class 6B Tax Incentive Ordinance is necessary for the
said development to occur on the subject property, legally described as follows:
PARCELI:
THAT PART OF THE WEST 400 FEET OF THE EAST 800 FEET, AS MEASURED AT
RIGHT ANGLES TO THE EAST LINE THEREOF OF LOT 16 IN CENTEX
INDUSTRIAL PARK, UNIT 3 (HEREINAFTER DESCRIBED) LYING NORTHERLY
OF A LINE DRAWN FROM A POINT IN THE WEST LINE OF SAID EAST 800 FEET,
35 FEET SOUTH OF THE NORTHWEST CORNER THEREOF, TO A POINT ON THE
NORTH LINE THEREOF, 105 FEET EAST OF THE NORTWEST CORNER THEREOF
IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF HE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PARCEL 2:
THE WEST 150 FEET OF THE EAST 950 FEET, (AS MEASURED AT RIGHT
ANGLES TO THE EAST LINE) OF LOT 16 IN CENTEX INDUSTRIAL PARK UNIT 3,
BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11 EAST
OF THE THIRD PRINICIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID
CENTEX INDUSTRIAL PARK UNIT 3, REGISTERED IN THE OFFICE OF THE
REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, ON MAY 1, 1959 AS
DOCUMENT 1858615 IN COOK COUNTY, ILLINOIS.
Section 2: That the Village of Elk Grove Village, Illinois hereby supports and consents to
the Class 6B Application and approves the classification of the subject property as Class 6B
property pursuant to the Cook County Real Property Classification Ordinance and the Class 6B
tax incentives shall apply to the property identified as Permanent Real Estate Index 08-35-104-
038-0000 and 08-35-104-046-0000. Elk Grove Village is in receipt of an economic disclosure
statement that is included with the application packet.
Section 3: That the Mayor and Village Clerk are hereby authorized to sign any necessary
documents to implement this Resolution including the Elk Grove Village Class 6b Property Tax
Incentive Terms and Agreement subject to the petitioner completing new construction of a
28,981 square foot data center facility, in substantial conformance with the Applicant completing
the improvements stated in their application.
Section 4: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 12' day of December 2023.
APPROVED this 121h day of December 2023.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
Class6B, 2020 Lunt Ave
RESOLUTION NO.61-23
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL
TRANSPORTATION AUTHORITY (DIAL -A -RIDE PROGRAM)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached documents
marked:
PARATRANSIT LOCAL SHARE AGREEMENT
Elk Grove Village
a copy of which is attached hereto and made a part hereof as if fully set forth and the Village
Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 121h day of December 2023
APPROVED this 12th day of December 2023
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
PARATRANSIT LOCAL SHARE AGREEMENT
Elk Grove Village
This Paratransit Local Share Agreement ("Agreement") is between Pace, the Suburban Bus Division
of the Regional Transportation Authority, an Illinois municipal corporation ("Pace"), and Elk Grove
Village, an Illinois unit of local government ("Sponsor").
Pace was established under the Regional Transportation Authority Act (70 ILCS 3615/1.01 et seq.)
to aid and assist public transportation in the six -county northeastern Illinois area.
Article VII, section 10 of the Constitution of the State of Illinois (Ill. Const. art. VII, § 10) authorizes
units of local government to contract or otherwise associate among themselves in any manner not
prohibited by law or ordinance.
The Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes and encourages
intergovernmental cooperation.
The parties are units of local government within the meaning of article VII, section 10 of the
Constitution of the State of Illinois (Ill. Const. art. VII, § 10) and have the power and authority to
enter into this Agreement.
In consideration of the mutual promises contained in this Agreement, and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. Effective Date, This Agreement will be in effect beginning on January 1, 2024. If a party
signs this Agreement but fails to date its signature, the date that the other party receives the signing
party's signature on this Agreement will be deemed to be the date that the signing party signed this
Agreement.
2. Service Description. Demand response curb -to -curb paratransit service will be provided for
eligible riders as described in the attached exhibit A ("Service"). The Service and its parameters are
subject to change upon approval by Pace and the participating Service sponsor(s).
3. Term and Termination. This Agreement will remain in effect through December 31, 2024
unless earlier terminated by a party upon 30 days' advance written notice to the other party in the
event: (a) sufficient funds have not been appropriated to cover the required financial contribution by
Pace or any other agency funding the Service; (b) Pace develops alternative public transportation
services which, as determined by Pace, will better meet the transportation needs of the public; (c)
Sponsor fails to make payments as required by section 6 of this Agreement; (d) Pace has materially
failed to perform its obligations under this Agreement; or (e) Sponsor otherwise determines that the
Service is not satisfactory.
4. Service Provider. Pace will contract with one or more outside service providers to provide
the Service ("contracted outside service provider(s)"). Pace will not be responsible for any failure to
provide the Service due to circumstances beyond the reasonable control of Pace and/or Pace's
contracted outside service provider(s). Pace shall make every reasonable effort to have the Service
restored as soon as practical. No fees will be charged by any contracted outside service provider for
Service not performed.
Page 1 of 5
5. Reporting. Pace shall provide Sponsor with electronic access to or, in the event electronic
access is unavailable, a copy of the summary report containing the number of one-way trips, data for
one-way trips and total miles.
6. Local Share Funding. Sponsor shall participate in the financial support of the Service by
reimbursing Pace monthly for the local share incurred by Pace in providing the Service ("Local
Share"). The Local Share will equal the total expense of the Service ("Total Expense") less any fare
revenue from the Service less any Pace subsidy for the Service ("Pace Contribution") less any grants
for the Service and will be calculated as follows (_see Cost Estimate Worksheet attached as Exhibit
B):
(a) The Total Expense will equal the sum of the hourly Service expense and the per -trip
Service expense. The hourly Service expense will be calculated by multiplying the
number of vehicle revenue hours by the hourly rate charged to Pace by Pace's
contracted outside provider(s) delivering the Service. The per -trip Service expense
will be calculated on a trip -by -trip basis. The operating expense will be the aggregate
of rates and/or fees charged to Pace by Pace's contracted outside service provider(s)
delivering the Service.
(b) The Pace Contribution will be limited to 75% of the actual Operating Deficit, not to
exceed a maximum amount of $204,569.00 and a onetime additional subsidy of
$30,685.00 for a total of $235,254.00.
(c) The Pace Contribution will be calculated monthly on a year-to-date basis.
(d) Sponsor shall pay Pace within 30 days of receiving the monthly bill for the Local
Share. Sponsor shall mail payment to:
Pace, the Suburban Bus Division of the Regional Transportation Authority
550 W. Algonquin Road
Arlington Heights, IL 60005
Attention: Accounts Payable
7. Independent Relationship. Pace is an independent contractor and not an employee, agent,
joint venturer, or partner of Sponsor, and nothing in this Agreement will be construed as creating any
other relationship between Pace and Sponsor or between any employee or agent of Pace and
Sponsor. Pace employees will at all times remain employees of Pace, and Pace will be solely
responsible for all aspects of their employment, including, without limitation, compensation,
benefits, payment or withholding of taxes, Social Security, Medicare, unemployment or other
insurance, and workers' compensation.
8. Insurance. Pace shall require its contracted outside service provider(s) to obtain and
maintain insurance coverage and furnish Pace with evidence of such coverage, including a certificate
of insurance. Pace shall provide Sponsor with a copy of the certificate of insurance upon written
request by Sponsor.
Page 2 of 5
9. Indemnification. Sponsor shall indemnify, defend, and hold harmless Pace and Pace's
officers, directors, employees, and agents from and against any and all liability, losses, damages,
claims, suits, payments, settlements, judgments, demands, awards, expenses, and costs, including
attorneys' fees, resulting from Sponsor's intentional or negligent acts or omissions concerning the
performance of any of Sponsor's obligations under this Agreement. Pace shall indemnify, defend,
and hold harmless Sponsor and Sponsor's officers, directors, employees, and agents from and
against any and all liability, losses, damages, claims, suits, payments, settlements, judgments,
demands, awards, expenses, and costs, including attorneys' fees, resulting from Pace's intentional or
negligent acts or omissions concerning the performance of any of Pace's obligations under this
Agreement. No parry will be liable for or be required to indemnify the other party for claims based
upon the intentional or negligent acts or omissions of third persons. Upon written notice by the party
claiming indemnification ("Claimant") to the indemnifying party ("Indemnitor") regarding any claim
which Claimant believes to be covered under this section, Indemnitor shall appear and defend all
suits brought upon that claim and shall pay all costs and expenses incidental to that claim, but
Claimant has the right, at Claimant's option and expense, to participate in the defense of any suit,
without relieving Indemnitor of Indemnitor's obligations under this section.
10. Force Mai eure. A party will not be held liable to another party for damages nor be deemed
to have breached this Agreement for failure or delay in performing any obligation under this
Agreement if the failure or delay is caused by or results from causes beyond the reasonable control
of and without the fault or negligence of the affected party, including war, fire, flood, other acts of
God, civil disturbance, a terrorist act, pandemic, epidemic, or a labor strike or lockout. The affected
party shall promptly notify the other party of those force majeure circumstances, specifying the
cause and the expected duration of the delay, and shall promptly undertake all reasonable steps
necessary to cure those force majeure circumstances. If a condition of force majeure continues for
more than 30 consecutive days, Pace, in its sole discretion and after written notice to Sponsor, may
immediately terminate this Agreement for convenience. Where an event of force majeure occurs
after a party's failure or delay in performance, the breaching party will not be released from liability.
11. Compliance with Laws. The parties shall comply with all local, state, and federal laws,
statutes, ordinances, regulations, and rules applicable to this Agreement, including but not limited to
section 2-105(A)(4) of the Illinois Human Rights Act (775 ILCS 5/2-105(A)(4)).
12. Headings. The headings in this Agreement are for reference and convenience only and will
not affect the meaning or interpretation of this Agreement.
13. Waiver. Failure of a party to exercise any right or pursue any remedy under this Agreement
will not constitute a waiver of that right or remedy.
14. Binding Effect. This Agreement will be binding upon the parties and their respective
directors, officers, employees, agents, representatives, successors, and approved assigns.
15. Entire Agreement. This Agreement, including any introductory recitals and any attached
exhibits, which are hereby incorporated into and made a part of this Agreement, constitutes the entire
agreement between the parties and supersedes any prior written or oral understandings, agreements,
or representations between the parties that may have related in any way to the subject matter of this
Agreement, and no other written or oral warranties, inducements, considerations, promises,
representations, or interpretations, which are not expressly addressed in this Agreement, will be
implied or impressed upon this Agreement.
Page 3 of 5
16. Conflict. In the event of a conflict or ambiguity between the terms and conditions of this
Agreement and any exhibit to this Agreement, the terms and conditions of this Agreement will
control.
17. Survival. Any provision of this Agreement that imposes an obligation after termination or
expiration of this Agreement will be deemed to survive termination or expiration of this Agreement.
18. Severability. If any provision of this Agreement is held invalid or unenforceable by an
Illinois court of competent jurisdiction, that provision will be deemed severed from this Agreement
and the remaining provisions of this Agreement will remain in full force and effect.
19. Assignment. No party may assign, delegate, or otherwise transfer all or part of its rights and
obligations under this Agreement without the prior written consent of the other party.
20. Amendment. No changes, amendments, or modifications to this Agreement will be valid
unless they are in writing and signed by the duly authorized signatory of each party.
21. Notice. Any notice under this Agreement must be in writing and must be given in the
following manner:
(a) by personal delivery (deemed effective as of the date and time of delivery);
(b) by commercial overnight delivery (deemed effective on the next business day
following deposit of the notice with a commercial overnight delivery
company);
(c) by registered or certified mail, return receipt requested, with proper postage
prepaid (deemed effective as of the third business day following deposit of
the notice in the U.S. mail); or
(d) by facsimile with confirmation of transmission (deemed effective as of the
date and time of the transmission, except the effective date and time will be
8:00 a.m. on the next business day after transmission of the notice if
transmitted during non -business hours).
Business days are defined as Monday through Friday, excluding federal holidays. Business hours are
defined as 8:00 a.m. to 5:00 p.m. Central Time on Monday through Friday, excluding federal
holidays. The notice must be addressed as follows or addressed to such other address as either party
may specify in writing:
If to Pace:
Pace, the Suburban Bus Division of the RTA
550 W. Algonquin Road
Arlington Heights, IL 60005
Attention: Executive Director
Facsimile No.: (847) 228-4205
Page 4 of 5
If to Sponsor:
Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60005
Attention: Craig B. Johnson
Facsimile No.: 847-357-4007
22. Governine Law Jurisdiction and Venue. This Agreement will be governed by and
construed in accordance with the laws of the State of Illinois without regard to principles of conflicts
of law, and the parties shall submit to the exclusive jurisdiction and venue of the state courts of
DuPage County, Illinois for any dispute arising out of or related to this Agreement.
23. Counterparts. This Agreement may be executed in counterparts, each of which when so
executed and delivered will be deemed to be an original and all of which when taken together will
constitute one and the same agreement.
24. Electronic Signatures. This Agreement may be executed through the use of electronic
signatures. Electronic signatures and signatures scanned and transmitted via email will be deemed
original signatures for purposes of this Agreement.
25. Authorization. The signatories to this Agreement represent and warrant that they have full
authority to sign this Agreement on behalf of the party for whom they sign.
The parties have caused this Agreement to be executed by their
on the dates stated below.
PACE
By:
,3 Signatur
Print Name: Melinda J. Metzger
Print Title: Executive Director
Date: I t- I I A. I t4
1
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By:
Prir
Prir
Date: /oC /.V
Page 5 of 5
signatory
EXHIBIT A
SERVICE DESCRIPTION
VILLAGE OF ELK GROVE
Type of Service
Demand Response Paratransit service Rrovided curb to curb.
Service Operated by
Pace contracts with transportation provider(s) to provide service which is subject to
this Agreement. This includes private or public transportation service providers. All
roviders are equipped with accessible vehicles.
Trip reservation
1-hour advance reservation for regular dial -a -ride; semi -scheduled trips are provided
Method
per the Attachment to this Exhibit A.
Service Area
Service within the Village of Elk Grove, excluding the industrial park area.
Semi -scheduled service is also available between Senior Housing sites and the
Senior/Community Center, local grocery and shopping areas, as mutually agreed upon
by the Village and Pace.
The following pre -scheduled service will be provided at the Village's request. These
services are to be provided free of charge to residents of the Village Grove Apartments
and/or other senior housing complexes as may be identified and mutually agreed upon
by the Village and Pace. The phone number to call is (847) 299-6212.
Mondav Service:
Mallard Crossing Shopping Plaza
Pick-ups beginning at 1:00 p.m., return trips at 2:30 p.m. and 3:00 p.m.
Reservations not required.
Tuesday Service-
Mallard Crossing Shopping Plaza
Pick-ups beginning at 10:00 a.m., return trips at 11:30 a.m. and 12:00 p.m.
Reservations not required.
Wednesday Service:
Elks Crossing Plaza and Elk Grove Town Center Plaza
Pick-ups beginning at 9:00 a.m., return trips at 10:30 a.m. and 11:00 a.m.
Reservations not required.
Thursday Service:_
Elks Crossing Plaza and Elk Grove Town Center Plaza
Pick-ups beginning at 10:00 a.m., return trips at 11:30 a.m. and 12:00 p.m.
Reservations not required.
Service Hours
Monday through Friday 9:00 a.m. to 6:30 p.m.
Saturday 9:00 a.m. to 4:00 p.m.
Closure Days: New Year's Day, Memorial Day, Independence Day, Labor Day,
Tlianks ivit3Q Day, Christmas Day.
Exhibit A 2024 Local Share Agreement
EXHIBIT A
SERVICE DESCRIPTION
VILLAGE OF ELK GROVE
Fare Structure Full Fare $1.30
Reduced Fare $0.65
The Reduced Fare category includes children ages 7-11, senior citizens age 65+, and
persons with disabilities who have an RTA Reduced Fare Card, or an RTA, ADA
Paratransit Services Card, and students (high school or younger with proper
identification) traveling to or from school only, during school hours) Children under the
age of 7 can only ride when accompanied by a fare paying passenger (a maximum of
two children per fare paying passenger). The first two children under the age of 7 can
ride free, with any additional children paying the reduced fare rate.
Elk Grove Village dictates the fare structure and may be subject to change.
Rider Eligibility Public
Exhibit A 2024 Local Share Agreement
Exhibit B
COST ESTIMATE WORKSHEET
PROJECT:
REVENUE
EXPENSE
DEFICIT
2024 LOCAL SHARE AGREEMENT
Elk Grove Village
PACE SUBSIDY
2024 ADDITIONAL SUBSIDY
LOCAL SHARE
RIDERSHIP
$8,259
$345,249
$336,990
$204,569
$305685
$1011735
101794
2024 Local Share Agreement