IGA IL State Toll Highway Authority & VOB- Transfer of Easement Rights 01-11-2011 i
Exhibit C
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY
AND
THE VILLAGE OF OAK BROOK
This Tl TERCTOY,,ERNMENTAL AGREEMENT("AGREEMENT")is entered
into this L—day of AD, 20A by and between THE ILLINOIS
STATE TOLL HIGHW Y AUTH ITV, an instrumentality and administrative agency
of the State of Illinois, e.reinafter called the"TOLLWAY", and THE VILLAGE OF
OAK BROOK.,a municipal corporation of the State of Illinois, hereinafter called the
"VILLAGE".
WITNESSETH:
WHEREAS,the TOLLWAY as part of the Ronald Regan Memorial Tollway(I-
88) Corridor(formally the East-West Tollway),was in need of certain properties for
TOLLWAY purposes in order to facilitate the free flow of traffic and ensure safety to the
motoring public; and
WHEREAS,the TOLLWAY, in the year 1957 obtained permanent easement
rights for TOLLWAY purposes(York Road Frontage Road) over parcels identified as T-
6A-1293 and T-6A-1294 as shown on the Easement Exhibit; and
WHEREAS, the VILLAGE (formally the Town of Oak Brook)and the County of
Du Page are in possession of certain properties in and around the I-88 Corridor; and
WHEREAS, the Illinois Department of Transportation (formally the Illinois
Department of Public Works and Buildings)retained York Road and the jug handle, and
was in possession of certain permanent easement rights over a parcel identified as Parcel
T-6A-140 Tract 29, as shown on"Exhibit A" and as described in"Exhibit B"attached
hereto and included in the"PARCEL(S)"; and
WHEREAS, in the year 1958, the Illinois Department of Public Works and
Buildings assigned its easement rights over the PARCEL(S)to the TOLLWAY for Toll
highway purposes;and
WHEREAS, the TOLLWAY has also received certain permanent easement rights
over Parcels T-6A-1293 and T-6A-1294 from private owners as shown on Exhibit A,as
described in Exhibit B and included in the PARCEL(S); and
WHEREAS,the TOLLWAY's current operational needs do not require a portion
of its easement rights over the PARCEL(S); and
WHEREAS,the VILLAGE requests that the TOLLWAY sell its easement rights
over all of Parcels T-6A-1293 and T-6A-1294 and over a portion of T-6A-140 Tract 29 to
the VILLAGE for fair market value for purpose of the construction of a public
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improvement, The improvement is described as the installation of a new connector
access road adjacent to the bike trail along York Road from Wood Glen Lane to north of
Wood Glen Lane, which will allow southbound York Road traffic to access eastbound
Wood Glen Lane without left turns from York Road,hereinafter referred to as the
"PROJECT" and as shown on"Exhibit C"which is attached hereto; and
WHEREAS, the TOLLWAY agrees to the VILLAGE's request for the assignment
of the aforementioned property rights; and
WHEREAS, subsequent to this AGREEMENT, the VILLAGE agrees to obtain
from the co-owner of the PARCEL(S),(namely Du Page County),permission to perform
the work to the extent it is located on the PARCEL(S) and to abide by all conditions set
forth therein; and
WHEREAS,the TOLLWAY and the VILLAGE by this instrument, desire to
determine and establish their respective responsibilities toward engineering, right of way
acquisition, utility relocation, construction, funding and maintenance of the PROJECT as
proposed; and
WHEREAS,the TOLLWAY by virtue of its powers as set forth in the "Toll
Highway Act," 605 ILCS 10/1 is authorized to enter into this AGREEMENT; and
WHEREAS,the VILLAGE by virtue of its powers as set forth in the Illinois
Municipal Code 65 ILCS 5/1-1-1 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 22011,
NOW, THEREFORE, in consideration of the aforementioned recitals and the
mutual covenants contained herein,the parties hereto agree as follows:
I. ENGINEERING
A. The VILLAGE agrees, at its sole expense,to perform preliminary and final design
engineering,obtain necessary surveys,and prepare the fin-at plans and
specifications for the PROJECT,
B. The VILLAGE agrees to assume the overall PROJECT responsibility,including
assuring that all permits(U.S. Army Corps of Engineers, Office of Natural
Resources,Flagg Creek Water Reclamation District,Environmental Protection
Agency,etc,) and joint participation and/or force account agreements (County,
Township,Municipal,Railroad,Utility,etc.), as may be required by the
PROJECT,are secured by the parties hereto in support of general project
schedules and deadlines. All parties hereto agree to cooperate, insofar as their
individual jurisdictional authorities allow,with the timely acquisition and
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clearance of said permits and agreements and in complying with all applicable
Federal,State, and local regulations and requirements pertaining to work
proposed for the PROJECT.
I1. RIGHT OF WAY
A. It is understood that neither the VILLAGE nor the TOLLWAY have consented in
this AGREEMENT to the permanent transfer of any interest in the VILLAGE's or
the TOLLWAY's property or rights of way which the VILLAGE or the
TOLLWAY deem necessary for the maintenance and operation of their respective
highway systems.
B. The TOLLWAY has agreed to convey a portion of its easement rights to the
VILLAGE by Quitclaim Deed, attached hereto as"Exhibit D", subject to
reimbursement as stated in Sections V.B and V.C.
C. The TOLLWAY shall record the Quitclaim Deed.
111. UTILITY RELOCATION
A. The VILLAGE agrees to make arrangements for and issue all permits for the
PROJECT and cooperate with necessary adjustments to existing utilities located
within existing rights of way,and on proposed rights of way where improvements
to VILLAGE highways are proposed by the VILLAGE to be done in conjunction
with the PROJECT,at no expense to the TOLLWAY.
B. In the event that the work proposed by the VILLAGE results in a conflict with the
TOLLWAY's fiber optic cable system,the VILLAGE shall reimburse the
TOLLWAY for the cost to locate,mark,design,protect, adjust and/or relocate the
system.
C. At all locations where the TOLLWAY's infrastructure (remote traffic microwave
sensors,multi-mode fiber optic cable,message signs,weather stations, signs,
roadway lighting controllers,electrical services and data connections)that are
currently in place within the PROJECT limits,and if necessary, must be adjusted
due to work!proposed by the VILLAGE,the VILLAGE agrees to reimburse the
TOLLWAY for any and all out of pocket costs the TOLLWAY may incur in
causing the aforementioned infrastructure to be adjusted.
D. The VILLAGE shall be responsible for any damage to utilities or TOLLWAY
property caused by construction of the PROJECT.
IV. CONSTRUCTION
A. The VILLAGE shall cause the PROJECT to be constructed by a Developer, in
accordance with the PROJECT plans and specifications.
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V. FINANCIAL
A. The VILLAGE agrees to pay all PROJECT related engineering,right of way,
construction engineering and construction costs.
B. The VILLAGE agrees to pay fair market value in the amount of FIFTEEN
THOUSAI4D DOLLARS($15,000)for the easement rights as well as any
additional costs incurred by the TOLLWAY in the process of the transfer of the
easement rights.
C. Upon execution of the AGREEMENT,the conveyance of the property rights,and
receipt of an invoice from the TOLLWAY, the VILLAGE shall pay 100% of its
obligation incurred in this AGREEMENT.
VI. MAINTENANCE-DEFINITIONS
A. The term "local" means any party to this AGREEMENT other than the
TOLLWA''. With respect to this AGREEMENT,it means the VILLAGE.
B. The term "focal road"refers to any highway, road or street under the jurisdiction
of the VILLAGE.
C. As used herein, the terms "maintenance"or"maintain" mean keeping the facility
being maintained in good and sufficient repair and appearance. Such maintenance
includes the full responsibility for the construction,removal,replacement of the
maintained facility when needed, and unless specifically excluded in Section VII,
MAINTENANCE- RESPONSIBILITIES,other activities as more specifically set
forth in the'following subparts of this Section VI. Maintenance includes but is not
limited to:
iF "Routine maintenance"refers to the day to day pavement maintenance,
pothole repair,anti-icing and de-icing, snow removal,sweeping,
pavement marking, mowing,litter and debris removal,and grate and
scupper cleaning and repair, including compliance with state laws and
local ordinances.
a. 'Em ergency maintenance" refers to any maintenance activity which must
be performed immediately in order to avoid or to repair a condition on the
roadway or right of way which causes or threatens imminent danger or
destruction to roadway facilities or rights of way of the parties hereto,to
the motoring public, or to public health, safety or welfare,including but
not limited to accident restoration,chemical or biological removal or
renyediation,or response to acts of God or terrorism.
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D. The terms ".notify", "give notice" and "notification" refer to written, verbal or
digital corunication from one party to another concerning a matter covered by
this AGREEMENT, for which the party transmitting the communication produces
and retains a record which substantiates the content,date,time, manner of
communication, identification of sender and recipient, and manner in which the
recipient may respond to the sender, as to the communication.
E, The terms"be responsible for" or"responsibility" refer to the obligation to ensure
performance of a duty or provision of a service under this AGREEMENT,
provided,that a party may arrange for actual performance of the duty or provision
of the service by another competent entity if the other party to this AGREEMENT
is notified of such arrangement, but in no case shall the entity with the duty be
relieved of ultimate responsibility for performance of the duty or provision of the
service.
VII. MAINTkNANCE-RESPONSIBILITIES
A. The TQLLWAY agrees to maintain 1-88 in its entirety.
B. The VILLAGE agrees to maintain,or cause to be maintained,the PARCEL(S),
including the PROJECT,in its entirety.
C. The VILLAGE further agrees to allow the TOLLWAY access at any time to the
PARCEL(;), for purposes of maintaining the storm sewer originally installed by
the TOLLWAY,to convey stomn water from the end of the Eisenhower
Expressway(1-290) and parts of the Tri-State Tollway (I-294)to the Salt Creek,
as needed. The TOLLWAY agrees to restore the easement area to its original
condition,if disturbed by the TOLLWAY.
VIII. ADDITIONAL MAINTENANCE PROVISIONS
A. All items of construction which are stipulated in this AGREEMENT to be
maintained4y the VILLAGE shall,upon completion of construction and final
inspection, be the sole maintenance responsibility of the VILLAGE.
IX. GENERAL PROVISIONS
A. It is understood and agreed that this is an INTERGOVERNMENTAL
AGREEMENT between the Village of Oak Brook and the Illinois State Toll
Highway Authority.
B. It is understood and agreed by the parties hereto,that the TOLLWAY shall have
jurisdictior ;df I-$8. The VILLAGE shall retain jurisdiction of York Road and
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Wood Crlei bane traversed or affected by I-88 except as otherwise expressly
provided fei-in this AGREEMENT. For the purpose of this AGREEMENT,
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juriidt'atiorii shall mean the authority and obligation to administer, control,
construe(iiaintain, and operate.
C. Wherever n this AGREEMMENT approval or review by either the VILLAGE or
the TOLL'W.AY is provided for, said approval or review shall not be unreasonably
delved 6rvithheld.
D. In the eves=of a dispute between the VILLAGE and the TOLLWAY in the
carrying bilt of the terms of this AGREEMENT,the Chief Engineer of the
TOLL ,)t and the Village's Engineer shall meet and resolve the issue. In the
event that ey cannot mutually agree on the resolution of a dispute in the carrying
out ofthttitms of this AGREEMENT,the decision of the Chief Engineer of the
TO L:' ,, shall be final.
E. This,kGR MENT may be executed in two(2)or more counterparts, each of
which s l;be deemed an original and all of which shall be deemed one and the
same ir#strttnent_
F. This=ENT may only be modified by written modification executed by
du representatives of the parties hereto.
G. ThisIAGREFEMENT shall be binding upon and inure to the benefit of the parties
hereto and,their respective successors and.approved assigns.
H. It is reedathat the laws of the State of Illinois shall apply to this AGREEMENT
and thitt;iri i4h,e event of litigation,venue shall lie in Dupage County, Illinois.
X. An rtotices` hall be in writing and shall be personally delivered or mailed to the
foIlowtfig Arsons at the following addresses:
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TO tlae TWAY: The Illinois Toll Highway Authority
2700 Ogden Avenue
Downers Grove, IL 60515
Attn: Chief Engineer
To;the VI GE: The Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Attn: Village Engineer
The eo-itals included at the beginning of this AGREEMENT are agreed to
and incorpbr0t d 4 o this AGREEMENT.
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I?� I S THEREOF,the parties have executed this AGREEMENT on the
dates tndid
s
THE VILLAGE OF OAK I ROOK
J wJ resident ``� '"`� ;' ,`' hkotte Pruss,
ilT ae Clerk
Date: 1 "� f L ..
T i>ELLINOIS STATE TOLL HIGHWAY AUTHORITY
BT Date: �(
T sti X ltJ' ,! xecutive Director
By: r Date:
Thomas" O� f nte, General Counsel
Approved as to form and constitutionality
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l ; rt T. La , Senior Attorney General,State of Illinois
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ALL THAT PART OF THE NORTH 1/2 OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST
OF THE THIRD PRINCIPAL MERIDIAN, DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER OF SECTION 24 AND RUNNING THENCE SOUTH 89 DEGREES 30
MINUTES WEST FOR A DISTANCE OF 650.46 FEET TO THE CENTER LINE OF HARGER ROAD;
THENCE NORTHEAST ON THE CENTERLINE OF SAID HARGER ROAD FOR A DISTANCE OF 779.0
FEET TO A POINT; THENCE NORTH 89 DEGREES 30 MINUTES EAST FOR A DISTANCE OF 168.0
FEET TO THE CENTERLINE OF PRESENT YORK ROAD; THENCE SOUTH ALONG THE CENTERLINE OF
YORK ROAD (SOUTH 5 DEGREES 00 SECONDS WEST) FOR A DISTANCE OF 504.90 FEET, MORE
OR LESS TO THE POINT OF BEGINNING, EXCEPTING THAT PART PREVIOUSLY DEDICATED OR
USED FOR YORK ROAD AND HARGER ROAD.
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LEGEND
•Turning Lane Deceleration Distances
NS Left Turn Lane-435'(50 mph Design Speed) vwne or oak Break
SB Left Turn Lane-280'(35 mph Design Speed) North York(toad Feasibility Study
•Posted Speed Limit=40 mph YORK ROAD AT WOOD GLEN LANE
•95th Percentile Queue Lengths(2030)
NB Left Turn Lane-30'A.M.(5'P.M.) u , INTERIM IMPROVEMENT
SB Left Turn Lane-T A.M.(35'P.M.) CONCEPT PLAN
._ Crvarece V-too
The Illinois Tolfway
II�It?S 2700 Ogden Avenue
j�
Downers Grove,Iffinois 6051 5-1703
T491ffWX?Y Phone:6301241-6800
Fax:6301241-6100
TTY:6301241-6898
February 23,2011 ;
FFB 282011
Mr. Mike Hullihan
The Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Re: Intergovernmental Agreement between the Illinois State Toll Highway Authority
and the Village of Oak Brook,Illinois-Transfer of Easement Rights-Parcel
T-GA-140 Tract 29
Dear Mr. Hullihan:
Enclosed is one (1) fully executed original of the Intergovernmental Agreement between
The Illinois State Toll Highway Authority and the Village of Oak Brook in connection with
The above captioned contract
This Agreement is transmitted to your attention for your records.
Very truly yours,
r--
obert T. Lane
Sr.Assistant Attorney General
RTL-.mw
Attachment
ITEM G.N.
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AGENDA ITEM
Regular Board of Trustees Meeting
of
January 11, 2011
SUBJECT: Intergovernmental Agreement with Tollway re: Irgens Development
FROM: David Niemeyer, Village Manager
BUDGET SOURCE/BUDGET IMPACT: None
RECOMMENDED MOTION: The Village Board approve the Agreement between the
Village of Oak Brook and the Illinois State Toll Highway Authority (Tollway) in relation to
the Irgens Development.
Backeround/History:
Attached is an agreement between the Illinois Tollway and the Village of Oak Brook related to
the property Irgens Development needs to obtain for their office building development.
Specifically, this will be used for the installation of a new connector access road adjacent to the
bike trail along York Road. The Tollway is agreeing to convey a portion of its easement rights
to the Village by quit claim deed. The Tollway is requesting $15,000 for easement rights for this
property which will be paid for by Irgens Development. Irgens will also pay for all project
related costs and will do all engineering and design work for the property.
The Village Board will separately be approving a development agreement with Irgens shortly.
Recommendation:
That the Village Board approve the Agreement between the Village of Oak Brook and the
Illinois State Toll Highway Authority (Tollway).
ORDINANCE 2011-AG-S-1306
AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT
BETWEEN YORK ROAD DEVELOPMENT PARTNERS, LLC
AND THE VILLAGE OF OAK BROOK
WHEREAS,York Road Development Partners, LLC("Developer")owns approximately 2.37 acres of
land ("Land") near the intersection of Woodglen Lane and York Road; and
WHEREAS, the Developer proposes to develop the Land with a 60,000 square foot, three-story
office building; and
WHEREAS,the development of the Land as proposed would not be feasible without the assistance of
the Village; and
WHEREAS,the President and Board of Trustees have determined that the development of the Land
will promote the continued economic vitality of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: The foregoing preambles are restated and incorporated herein by reference as though fully
set forth herein.
Section 2: The development agreement ("Development Agreement") between the Developer and
the Village which is attached hereto as Exhibit A and incorporated herein by reference is approved subject
to such amendments as may be determined by the Village Manager.
Section 3: The Village President and Village Clerk are authorized to execute the Development
Agreement on behalf of the Village.
Section 5: If any section, paragraph, clause or provision of this ordinance shall be held invalid, the
invalidity thereof shall not affect any of the other provisions of this ordinance.
Section 6: All ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 7: This ordinance shall be in full force and effect from and after its passage, approval and
publication as provided by law.
APPROVED THIS 22nd day of March, 2011.
John W. Craig
Village President
PASSED THIS 22nd day of March, 2011.
Ayes:
Nays:
Ordinance 2011-AG-S-1306
Development Agmt.York Rd.
Page 2 of 2
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk