HomeMy WebLinkAboutRESOLUTION - 57-20 - 7/7/2020 - TGA O'Hare Logistics Development and Cost AgreementRESOLUTION NO.57-20
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A DEVELOPMENT AND COST REIMBURSEMENT AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND TGA O'HARE
LOGISTICS CENTER IV LLC (202-228 E. DEVON AVENUE)
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 document
marked:
DEVELOPMENT AND COST REIMBURSEMENT AGREEMENT
a copy of which is attached hereto and made a part hereof as if fully set forth.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 5 NAYS: 0 ABSENT: 1
PASSED this 711 day of July 2020.
APPROVED this 7tn day of July 2020.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
DEVELOPMENT AND COST REIMBURSEMENT AGREEMENT
This Development and Cost Reimbursement Agreement (this "Agreement"), is entered into
this day of , 2020 (the "Effective Date") between TGA O'Hare Logistics
Center IV LLC, a Delaware limited liability company ("Developer") and Elk Grove Village, Illinois
(the "Village").
RECITALS:
Developer is in the process of developing certain real property located in Elk
Grove Village, Illinois, fronting on Devon Avenue, containing approximately 8.82
acres (the "Property"). In connection with such development, Developer intends to
widen and repave a portion of Devon Avenue adjacent to the Property. Developer has
agreed to perform more such work than Developer had intended, and in consideration
for such agreement, the Village has agreed to reimburse Developer for a portion of the
cost of such road work, as set forth herein.
For and in consideration of the terms and conditions hereof, the parties hereby agree as
follows:
1. Road Work. Developer will diligently proceed with the pavement widening and
replacement depicted on Exhibit A attached hereto (the "Road Work"), at Developer's cost and
expense, subject to the terms of this Agreement.
2. Cost Reimbursement.
(a) The parties acknowledge that Developer had intended to do a lesser amount of
work on the road than the Road Work requires, the cost estimate of which work is reflected on Exhibit
13=1 (the "Proposed Cost Estimates"). The actual cost estimate of the Road Work, as Developer has
agreed to expand it, is outlined on Exhibit B-2 (the "Actual Cost Estimate").
(b) Within thirty (30) days after substantial completion of construction of the Road
Work, and submission to the Village of copies final invoices, the Village will reimburse Developer
in the amount of $567,833.50, unless otherwise modified as mutually agreed to in writing, which
represents the difference between the Actual Cost Estimate and the Proposed Cost Estimate.
(c) The invoice submitted by Developer will be in a form and content reasonably
acceptable to the Village and will contain reasonable detail describing the basis for the invoiced
amount, and a description of all costs included in such invoice. Developer will furnish such receipts,
documents and other supporting materials as the Village may reasonably request to verify the contents
and accuracy of the invoice.
3. Standard of Work. All construction, installation and other work performed by
Developer in connection with the Road Work shall be performed in a good and workmanlike manner,
in compliance with governmental laws and ordinances, and in a manner and at such times as will
minimize interruption of the use of Devon Avenue.
3704290-3 11724.0184000
4. Notice. All notices or other communications given under this Agreement shall be in
writing and delivered personally, by certified mail, id, or by overnight courier (such as Federal
express), or by email, sent to the following addresses:
If to Developer:
TGA O'Hare Logistics Center IV LLC
2300 N Field Street, Suite 1650
Dallas, TX 75201
Attn: Louis Bauer
Email: Louis.bauer@nuveen.com
with a copy to
Seefried Development Management, Inc.
8745 W. Higgins Road, Suite 220
Chicago, IL, 60631
Attn: Doug Houser
Email: doughouser@seefriedproperties.com
If to the Village:
Village Manager's Office
Attention: Village Manager
901 Wellington Ave.
Elk Grove Village, IL 60007
Email: rrummel@elkgrove.org
With a copy to
Village Clerk's Office
Attention: Lorrie Murphy
901 Wellington Ave.
Elk Grove Village, IL 60007
Email: lmurphy@elkgrove.org
Either party hereto may change the address for receiving notices, requests, demands or other
communication by notice sent in accordance with the terms of this Section.
Miscellaneous.
(a) This Agreement shall be governed and construed under the laws of the State of
Illinois.
(b) Nothing contained in this Agreement shall be deemed to be a gift or dedication of
any property affected hereby, or any portion thereof, to the general public or for any public use or
purpose.
3704290-3 11724.0184000
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the
dates set forth below.
Developer:
TGA O'Hare Logistics Center IV LLC
By:
Name:
Title:
The Village:
Village of Elk Grove Village
Name:
Title:
3704290-3 11724.0184000
EXHIBIT A
Road Work
PAVEMENT REPLACEMENT EXHIBIT (CCDOTH REQUIRED)
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It lii „Ni,
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Ranwa aria Repam antlm lanes
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W W.-d aa— . -m- —Red one is the existng pavement nwkh )olnt
— Green line is the proposed marltinooint
3704290-3 11724.0184000
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DUNTBIAN Y19
Starr
Partial Reolacement
EXHIBIT B-1
Proposed Cost Estimates
PROJECT: Devon Ave.
LOCATION: Elk Grove Village, IL
R.W. Dunteman Company
600 S. Lombard Road, Addison, IL 60101
0:(630) 953-1500 F: (630) 932-0994
I
CURB DEMOLITION
LF
2,000
$4.40
$8,800.00
2
PCC PAVEMENT/CORRUGATED
MEDIAN DEMOLITION
SY
1,840
$9.00
$16,560.00
3
APHALT PAVEMENT DEMOLITION
SY
475
$8.00
$3,800.00
3
EXCAVATION
CY
833
$23.00
$19,159.00
4
TRAFFIC CONTROL
LS
1
$26,000.00
$26,000.00
4
CONSTRUCTION LAYOUT
LS
1
$10,000.00
$10 000.00
5
M2-12 CURB AND GUTTER
LF
250
$21.00
$5,250.00
6
B6-24 CURB AND GUTTER
LF
1,750
$27.00
$47,250.00
7
PCC PAVE MENT-10"
SY
1,920
$68.00
$130,560.00
8
12" AGGREGATE SUBGRADE (3" CA-6
AND 9" PGE)
SY
2,300
$12.00
$27,600.00
9
ASPHALT DRIVE REM & REPL(8" AGG,
2.25" BI, 1.5" SC
SY
20
$70.00
$1,400.00
10
STRIPING
LS
1
$6,145.00
$6,145.00
11
C4 MEDIAN
SF
2,780
$15.00
$41,700.00
12
SILT FENCEIEROSION
CONTROUSTREET SWEEPING
EA
1
$40,000.00
$40,000.00
13
STORM SEWER ADJUSTMENTS
LS
1
$89,500.00
$89:500.00
14
FURNISH AND PLACE TOPSOIL
LS
29,470
$0.50
$14,735.00
15
SODDING
LS
29,470
$1.90
$53,04&00
16
CCDD TESTING
LS
1
$5,000.00
$5,000.00
Page 1 of 1
3704290-3 11724.0184000
Bid Total: $546,505.00
Quote Date:6/25/2020
OUNTEMAN CO.
Siwrr /91T
"t
Full Lane Replacement
EXHIBIT B-2
Actual Cost Estimates
PROJECT: Devon Ave.
LOCATION: Elk Grove Village, IL
R.W. Dunteman Company
600 S. Lombard Road, Addison, IL 60101
0:(630) 953-15M F: (630) 932-0994
1
CURB DEMOLITION
LF
3,525
$4.40
$15,510.00
2
PCC PAVEMENT/CORRUGATED
MEDIAN DEMOLITION
SY
5,740
$9.00
$51,660.00
3
ASPHALT PAVEMENT DEMOLITION
SY
735
$8.00
$5,880.00
4
EXCAVATION
CY
2,480
$20.25
$50,220.00
5
TRAFFIC CONTROL
LS
1
$32 000.00
$32 000.00
6
CONSTRUCTION LAYOUT
LS
1
$10,000.00
$10,000.00
7
M2-12 CURB AND GUTTER
LF
915
$21.50
$19,672.50
8
B6-24 CURB AND GUTTER
LF
1,850
$28.00
$51,800.00
9
PCCPAVEMENT -10"
SY
7,110
$69.00
$490,590.00
10
12" AGGREGATE SUBGRADE (3" CA-6
AND 9" PGE)
SY
7,465
$12.00
$89 580.00
11
ASPHALT PAVEMENT MEDIAN
SY
355
$122.00
$43 310.00
12
ASPHALT DRIVE REM & REPL(8" AGG,
2.25" BI, 1.5" SC
SY
100
$90.00
$9,000.00
13
WATERMAIN/SE WER/HYDRANTS/SILT
FENCE/INLET PROTECTION
LS
1
$157,222.00
$157 222.00
14
STRIPING/SIGNAGE/RAISED REFLECTOF
LS
1
$15,113.00
$15,113.00
15
FURNISH AND PLACE TOPSOIL
SF
29,470
$0.50
$14,735.00
16
SODDING
SF
29,470
$1.80
$53,046.00
17
CCDD TESTING
LS
1
$5,000.00
$5,000.00
Page 1 of 1
3704290-3 11724.0184000
Bid Total: $1,114,338.58
Quote Date:6/24/2020