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HomeMy WebLinkAboutRESOLUTION - 54-17 - 10/10/2017 - Illinois State Toll Highway Authority RESOLUTION NO. 54-17 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE 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 l: That the Mayor be and is hereby authorized to sign the attached document marked: INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF 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 document 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 10th day of October 2017. APPROVED this 10th day of October 2017. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy,Village Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE VILLAGE OF ELK GROVE VILLAGE This INTERGOVERNMENTAL A lRFFMENT (hereinafter referred to as the "AGREEMENT") is entered into this 10`' day of October , , 2017, by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, hereinafter called the "ILLINOIS TOLLWAY" and the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois, hereinafter called "VILLAGE", individually referred to as "PARTY", and collectively referred to as "PARTIES". WITNESSETH: WHEREAS, the ILLINOIS TOLLWAY in order to facilitate the free flow of traffic and ensure safety to the motoring public, intends to improve the Elgin O'Hare Expressway, extending the expressway from its eastern terminus at Rohlwing Road (Illinois Route 53) to O'Hare International Airport (ORD) now known in its entirety as Illinois Route 390, and constructing the Western Access connecting the Jane Addams Memorial Tollway(I-90)with the Tri-State Tollway(1-294) (hereinafter referred to as the "PROJECT"), and included in multiple ILLINOIS TOLLWAY construction contract(s). The ILLINOIS TOLLWAY will implement, operate and maintain the mainline improvements as tolled facilities (hereinafter sometimes referred to as the "Toll Highway"); and WHEREAS, the purpose of this AGREEMENT, for ILLINOIS TOLLWAY recording purposes shall be known as #2017-22, is to document the transfer of right of way from the VILLAGE to the ILLINOIS TOLLWAY and from the ILLINOIS TOLLWAY to the VILLAGE required as part of the PROJECT and to document the PARTIES' interest in property along 1-90 at Arlington Heights Road adjacent to the VILLAGE jurisdictional limits; and WHEREAS, the VILLAGE owns the right of way associated with the Rogers Pond (Parcel WA-313-12-900) located along the future Western Access Corridor between Pratt Boulevard and Touhy Avenue on which the PROJECT is to be constructed and maintained, and for the purpose of implementing the PROJECT is required to be transferred from the VILLAGE to the ILLINOIS TOLLWAY; and WHEREAS, the ILLINOIS TOLLWAY intends to open Illinois Route 390 as a Toll Highway from Illinois Route 53 to Busse Avenue (Illinois Route 83) on November 1, 2017,which is anticipated to be the actual tolling start date; and WHEREAS, the ILLINOIS TOLLWAY owns or is acquiring parcels, parts of which are required for the construction of the PROJECT, but the entirety of said parcels 1 are not required for the maintenance and operation of the Illinois Route 390 or Western Access Toll Highways; and WHEREAS, the VILLAGE maintains jurisdiction of Lively Boulevard north of North Thorndale Avenue and the ILLINOIS TOLLWAY is desirous of transferring parcels to the VILLAGE for the VILLAGE's ultimate maintenance and jurisdiction of Lively Boulevard in said location; and WHEREAS, the VILLAGE has interest in the land located within the 1-90 and Arlington Heights Road westbound interchange ramp infield area upon which the ILLINOIS TOLLWAY retains a Right of First Refusal; and WHEREAS, the ILLINOIS TOLLWAY agrees to relinquish its Right of First Refusal to the parcels located at the I-90 and Arlington Heights Road interchange and in return the VILLAGE agrees to transfer its ownership interest in the Rogers Pond property to the ILLINOIS TOLLWAY and ultimately the PROJECT; and WHEREAS, the ILLINOIS TOLLWAY agrees to perform drainage improvements as part of the PROJECT that will improve the Rogers Pond detention and flow characteristics; and WHEREAS, the ILLINOIS TOLLWAY by virtue of its powers as set forth in the "Toll Highway Act," 605 ILCS 10/1 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 et seq. is authorized to enter into this AGREEMENT; and WHEREAS, a cooperative Intergovernmental Agreement is appropriate and such an Agreement is authorized by Article VII, Section 10 of the Illinois Constitution and the "Intergovernmental Cooperation Act", 5 ILCS 220/1 et seq. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein,the PARTIES hereto agree as follows: I. RECITALS A. The PARTIES hereto agree that the recitals included above are incorporated into and made a part of this AGREEMENT. II. ENGINEERING A. The ILLINOIS TOLLWAY is responsible for the performance of preliminary and final design engineering, obtaining necessary surveys, and preparing the final plans and specifications for the PROJECT. 2 III. RIGHT OF WAY A. The VILLAGE agrees to convey fee simple title to the ILLINOIS TOLLWAY, Parcel WA-3D-12-900, necessitated by construction of the PROJECT and shown on "EXHIBIT A" attached hereto. The approved appraised market value is $203,500. The property will be used for the PROJECT. B. The ILLINOIS TOLLWAY agrees to convey Parcels EO-1B-12-117.EX and EO- 1B-12-118.EX, depicted in "EXHIBIT A" attached hereto, to the VILLAGE on the "Date of Conveyance" identified as after and subject to the actual tolling start date for the PROJECT segment on Illinois Route 390 from Illinois Route 53 to Illinois Route 83. The VILLAGE agrees to accept said parcels. To effectuate the conveyance, the ILLINOIS TOLLWAY shall execute and deliver copies of the recorded quit claim deeds to the VILLAGE. C. Any and all right of way acquisition costs regarding Parcels EO-1B-12-117.EX and EO-1B-12-118.EX that shall be paid by the ILLINOIS TOLLWAY. The costs and expenses include, but are not limited to, the purchase price, expenses for title research, survey preparation, and appraisal, negotiations, relocation, and court proceedings. The costs and expenses have been borne and will be absorbed by the ILLINOIS TOLLWAY and shall not be subject to reimbursement by the VILLAGE. D. The ILLINOIS TOLLWAY shall perform all survey work, prepare all parcel plats, establish legal descriptions as necessary, and generally comply with its' written Policies and Procedures for the parcel currently owned by the VILLAGE to be transferred to the ILLINOIS TOLLWAY and for all parcels owned by the ILLINOIS TOLLWAY to be transferred to the VILLAGE. E. All land conveyances referenced in this AGREEMENT will be tendered in a form that is acceptable for recordation. F. The ILLINOIS TOLLWAY shall record all deeds and any other documents that must be recorded. G. In order to avoid PROJECT delays, the VILLAGE herby agrees to permit, authorize, and coordinate use and/or access to Parcel WA-3D-12-900 as necessary for the construction of the PROJECT. H. The ILLINOIS TOLLWAY does not currently have a Tollway need for the properties, therefore, the ILLINOIS TOLLWAY agrees to relinquish its Right of First Refusal that it retains in the parcels located within the 1-90 and Arlington Heights Road westbound interchange ramp infield area, currently owned by Elk 3 Grove Township and shown on "EXHIBIT A" attached hereto, if and when they are to be sold or transferred. IV. UTILITIES A. The ILLINOIS TOLLWAY will provide available information for existing utilities located within the parcels to be transferred to the VILLAGE electronically. B. Subsequent to the transfer of the right of way to the VILLAGE, the ILLINOIS TOLLWAY agrees to reimburse and/or credit the VILLAGE for any and all reimbursable utility relocation costs the VILLAGE may incur for ILLINOIS TOLLWAY required adjustments. C. The VILLAGE agrees to coordinate and cooperate with utilities that are either existing on, are planned to be relocated to the parcels described herein, and/or that are to be transferred from the ILLINOIS TOLLWAY to the VILLAGE in conjunction with the PROJECTS improvements. The VILLAGE shall issue any required permits allowing the utilities to remain in either their existing locations or planned locations without charge of permit fees or subject to usual VILLAGE permit conditions. D. Subsequent to the transfer of right of way from the ILLINOIS TOLLWAY to the VILLAGE, the ILLINOIS TOLLWAY shall not be responsible for costs to relocate existing utilities located within the parcels being transferred unless the relocations are required solely for ILLINOIS TOLLWAY proposed improvements. V. CONSTRUCTION A. The ILLINOIS TOLLWAY is responsible for advertising and receiving bids, awarding the contract(s), providing construction engineering inspections for and causing the PROJECT to be constructed in accordance with the PROJECT plans and specifications. B. Notices required to be delivered by either PARTY pursuant to this AGREEMENT shall be delivered as indicated in Section VII of this AGREEMENT. V. FINANCIAL A. The ILLINOIS TOLLWAY agrees to transfer Parcels EO-1B-12-117.EX and EO- 1B-12-118.EX to the VILLAGE without cash consideration. The PARTIES agree and acknowledge that the construction and completion of the PROJECT in this 4 location constitutes fair and adequate consideration for the transfer of such properties. B. The VILLAGE agrees to convey Parcel WA-3D-12-900, as shown on "EXHIBIT A", as a Full Fee take to the ILLINOIS TOLLWAY at an approved appraised market value of $203,500. The VILLAGE hereby agrees to donate the aforementioned value to the ILLINOIS TOLLWAY as part of the VILLAGE's contribution to construction of the EOWA PROJECT. VI. GENERAL PROVISIONS A. It is understood and agreed that this is an AGREEMENT between the Village of Elk Grove Village and the Illinois Tollway. B. It is understood and agreed that this AGREEMENT constitutes the complete and exclusive statement of the agreement of the PARTIES relative to the subject matter hereof as it relates specifically to the parcels shown on EXHIBIT A and supersedes all previous oral and written proposals, negotiations, representations or understandings concerning such subject matter as it relates specifically to the parcels shown on EXHIBIT A. C. As required, a separate Intergovernmental Agreement(s) will be pursued between the PARTIES to document ILLINOIS TOLLWAY construction contracts being constructed within the VILLAGE limits. Maintenance responsibilities will be captured as part of the separate Intergovernmental Agreement(s). D. Wherever in this AGREEMENT approval or review by either the VILLAGE or the ILLINOIS TOLLWAY is provided for, said approval or review shall not be unreasonably delayed or withheld. E. Each PARTY has designated a point of contact and a protocol for PROJECT communications. Representatives may be changed, from time to time, by subsequent written notice. F. In the event of a dispute between VILLAGE and the ILLINOIS TOLLWAY in the carrying out of the terms of this AGREEMENT, the Chief Engineering Officer of the ILLINOIS TOLLWAY and the VILLAGE's Engineer shall meet and resolve the issue. In the event that they cannot mutually agree in the carrying out of the terms of this AGREEMENT, the decision of the Chief Engineering Officer of the ILLINOIS TOLLWAY shall be final. G. This AGREEMENT may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. 5 H. This AGREEMENT may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. I. The failure by the ILLINOIS TOLLWAY or the VILLAGE to seek redress for violation of or to insist upon the strict performance of any condition or covenant of this AGREEMENT shall not constitute a waiver of any such breach or subsequent breach of such covenants, terms, conditions, rights and remedies. No provision of this AGREEMENT shall be deemed waived by the ILLINOIS TOLLWAY or the VILLAGE unless such provision is waived in writing. J. It is agreed that the laws of the State of Illinois shall apply to this AGREEMENT. K. All notices shall be in writing and shall be personally delivered or mailed to the following persons at the following addresses: To the ILLINOIS TOLLWAY: The Illinois Toll Highway Authority 2700 Ogden Avenue Downers Grove, Illinois 60515 Attn: Chief Engineering Officer To ELK GROVE: The Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 Attn: Village Manager L. The PARTIES agree to maintain books and records related to the performance of this AGREEMENT for a minimum of five (5) years from the last action on the AGREEMENT or for such longer period as the law requires. The PARTIES further agree to cooperate fully with any audit and to make its books and records, and books and records within its custody or control available to the Illinois Attorney General, the Illinois Auditor General, the ILLINOIS TOLLWAY Inspector General, the ILLINOIS TOLLWAY Department of Internal Audit, the VILLAGE, the ILLINOIS TOLLWAY or any other governmental agency or agent thereof that is authorized to audit or inspect such books and records. 6 IN WITNESS THEREOF, the PARTIES have executed this AGREEMENT on the dates indicated. THE VILLAGE OF ELK GROVE VILLAGE By: Craig B. Johnson Attest: Craig B. Johnson Mayor Date: October 10, 2017 (Please Print Name) THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY By: Date: Greg M. Bedalov Executive Director Approved as to Form and Constitutionality Robert T. Lane, Senior Assistant Attorney General, State of Illinois 7 a ` ------ ` Elgin O'Hare Estes Ave �~"� _ �!,/ Western Access Is` M Higgins Rd V LEGEND a Project Improvements Greenleaf Ave Parcel to be Conveyed from M CD Elk Grove Village to the 3 C- !'C� Illinois Tollway CD G Parcel to be Conveyed from the Illinois Tollway to Elk WA-3D-12-900 Grove Village (Rogers Pond Property) 1GJ� Grove Township Right- Lunt Ave of-Way v Coyle Ave U Inset 2 '-I+�'=F� Ullln+ir- Inset 1 IROW ownled by Et khGroverTownshipl to ;y i. is a . C At > a c o 0 250 500 1.000 viiQ�p �. Feet 46 ---- { North Thorndale Ave: — _.. Exhibit A Elgin O'Hare Western Access Elk Grove Village Land Conveyance Disclaimer:Subject to land acquisition and other contingencies.