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HomeMy WebLinkAboutRESOLUTION - 1-05 - 1/11/2005 - MEMORANDUM OF UNDERSTANDINGRESOLUTION NO. 1-05 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ALEXIAN BROTHERS MEDICAL CENTER FOR THE PURPOSE OF ESTABLISHING AN IMPACT FEE TO BE PAID TO THE VILLAGE FOR COSTS ASSOCIATED WITH IMPROVEMENTS AT THE WESTERFIELD ROAD AND LEICESTER ROAD INTERSECTION 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: MEMORANDUM OF UNDERSTANDING 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 11`h day of January 2005. APPROVED this 111h day of January 2005. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk RESMemormdumAlexim.doc MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding dated this 11th day of January 2005, by and between the Village of Elk Grove Village (Village) and Alexian Brothers Medical Center (Alexian) for the purpose of establishing an impact fee to be paid to the Village as a result of the development, redevelopment and improvement of certain property in the Village. RECITALS WHEREAS, the Property legally described on Exhibit A, attached hereto and incorporated herein, was annexed to the Village on August 13, 1962; and, WHEREAS, the Property is owned by Alexian; and, WHEREAS, Alexian is progressing with the development, redevelopment and improvement of the Property, which development, redevelopment and improvement will have an impact on the surrounding roadways, traffic management facilities and other Village services; and, WHEREAS, the Village has issued and will continue to issue permits to Alexian for the development, redevelopment and improvement of the Property subject to the condition that certain Property related off-site impact improvements be fully constructed in concert with the ongoing development, redevelopment and improvement of the Property, and, WHEREAS, the total cost of said off-site impact improvements and design engineering, the contracts for which will be awarded by the Village, and engineering fees, costs, and permit fees associated therewith, together with a ten percent (10%) administrative surcharge shall be the amount of the impact fee herein required, and, WHEREAS, the Village will be obtaining design engineering services at a cost not to exceed $62,137 to prepare the plans, specifications and contract documents for the construction of the off-site impact improvements as soon as possible after the execution of this Memorandum. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the parties hereto, the parties do hereby agree as follows: 1. The foregoing recitals are incorporated herein. 2. There are two parts to the impact fee associated with this Memorandum of Understanding. The first part is for design engineering services and administrative costs associated with the preparation of engineering plans, specifications and contract documents associated with the off-site improvements. The second part is for 100% of the construction, material testing and administrative costs associated with the construction of the off-site improvements. As of this date those costs are estimated to be $875,000. The actual costs will be determined after the award of the construction contracts. 3. Immediately after the execution of this Memorandum, the Village will submit an invoice to Alexian in the amount of $68,350.70 for part one of the impact fee covering design engineering services and administrative surcharge costs associated with the preparation of plans, specifications and contract documents associated with the off-site impact improvements. 4. Immediately upon the award of a construction services contract for the construction of the off-site impact improvements (on or about July 1, 2005) the Village will submit an additional invoice to Alexian for the remainder of the Impact Fee as established and set forth in paragraph 2. 5. Each Impact Fee shall be paid by Alexian as set forth herein. Alexian shall pay the Impact Fee within thirty (30) days of receipt of the Village invoice, Failure to pay the Impact Fee will result in the issuance of a Stop Work Order by the Village for any and all construction on the property. Alexian agrees that all work on the property will immediately terminate and continue in abeyance until such time as the Impact Fees are paid in full to the Village. 6. This Memorandum of Understanding is the entire agreement of the parties with respect to the impact fee and the construction of the designated off-site impact improvements. All other agreements by and between the parties hereto shall remain in full force and effect. 7. This Memorandum of Understanding shall become effective immediately upon its execution by the parties hereto. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date first above written. For the Village: Craig B. Johnson Craig B. Johnson Mayor Alexian Brothers Medical Center Title Attest., Ann I. Wals Ann 1. Walsh Village Clerk EXHIBIT A THE SOUTH 1119.04 FEET (AS MEASURED ALONG THE WEST LINE) OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (EXCEPT THE SOUTH 264 FEET OF THE EAST 165 FEET THEREOF), AND EXCEPT THE WEST 45.00 FEET THEREOF, AND EXCEPT THE SOUTH 60.00 FEET THEREOF OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.