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R-1287 - 08/27/2013 - PEDESTRIAN ACCESS - Resolutions Supporting Documents ITEM 6.F.1. OF OA 1(G� ,Y X90 0 o y V cFOoUNVA,�� AGENDA ITEM Regular Board of Trustees Meeting of August 27, 2013 SUBJECT: Pedestrian Access Improvement Agreement-General Growth, McDonalds and Arden Realty FROM: David Niemeyer, Village Manager BUDGET SOURCE/BUDGET IMPACT: Hotel and Motel Tax Fund - $250,000 RECOMMENDED MOTION: Motion to approve Resolution 2013-PED-ACESS-AG-R- 1287 A Resolution Approving a Pedestrian Access Agreement by and Between the Village and General Growth Properties, McDonald's Corporation and Arden Realty. Background/History: Attached is the pedestrian access improvement agreement by and between the Village of Oak Brook, General Growth, McDonalds and Arden Realty. The estimated cost sharing when the agreement was prepared was as follows: McDonalds $41,486 Arden $20,619 GGP $37,263 Village $149,053 This cost sharing was based on engineer's estimates of$248,422. However, since the project came in over estimates by about $18,000, the Village will be responsible for the difference, which is almost another $18,000. The Village's share will be paid for out of the Hotel and Motel tax fund. The other stakeholders will need to reimburse the Village for their share of the cost by February 1, 2014. Last saved by dbettin J:\Agenda Items\AG-Ped Access Agmts 8-27-13.doc Last printed 8/22/2013 2:19 PM Recommendation: That the Village Board approve Resolution R-1287 approving a Pedestrian Access Agreement Between the Village and General Growth Properties, McDonald's Corporation and Arden Realty. Last saved by dbettin MAgenda Items\AG-Ped Access Agmts 8-27-13.doc Last printed 8/22/2013 2:16 PM RESOLUTION 2013-PED-ACCESS-AG-R-1287 A RESOLUTION APPROVING A PEDESTRIAN ACCESS AGREEMENT BY AND BETWEEN THE VILLAGE AND GENERAL GROWTH PROPERTIES, MCDONALD'S CORPORATION AND ARDEN REALTY WHEREAS, the Village desires to improve pedestrian and bicycle access to the Oakbrook Center and the hotels, offices, businesses, universities, and residential developments located adjacent to or near the Oakbrook Center (collectively, "Oakbrook Center Area Businesses") through implementation of 10 related infrastructure projects collectively known as the Pedestrian Access Project (collectively, "Project'); and WHEREAS, the Project will provide numerous benefits to the residents and businesses of the Village, including: (i) more convenient and safer walkways, crosswalks, and access for hotel patrons, office workers, visitors, shoppers, and other pedestrians; (ii) increased economic activity between the restaurants, retail stores, hotels, offices, and businesses within the Oakbrook Center area; and (iii) reduced vehicular traffic within the Oakbrook Center Area, on Route 83, 16th Street, Spring Road, and 22nd Street; and WHEREAS, as part of the Project, the Village, General Growth Properties ("GGP"), McDonald's Corporation ("McDonald's'� and Arden Realty ("Arden") desire for the Village to make improvements to sidewalks, pedestrian crossings, and lighting in the vicinity of Spring Road and Commerce Drive, ("lmprovements'�; and WHEREAS, to enable the Village to make the Improvements, the Village, GGP, McDonald's, and Arden desire to enter into the Pedestrian Access Improvement Agreement that is hereby attached as Exhibit A ("Agreement's, which Agreement provides, in part, for the granting of easements to the Village and sets forth a cost-sharing mechanism whereby GGP, McDonald's and Arden will share in some of the costs for the construction of the Improvements; and WHEREAS, the President and Board of Trustees have determined that it is in the best interest of the Village to enter into the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve the Pedestrian Access Agreement by and between the Village of Oak Brook, GGP, McDonald's, and Arden in substantially the form attached to this Resolution as Exhibit A, and in a final form to be approved by the Village Manager and the Village Attorney. Section 3: Execution of Agreement. The Village President and the Village Clerk shall be, and are hereby, authorized to execute the approved final Agreement on behalf of the Village. Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2013-PED-ACCESS-AG-R-1287 Pedestrian Access Agreement with GGP,McDonald's and Arden 2 of 3 APPROVED THIS 27th day of August, 2013 Gopal G. Lalmalani Village President PASSED THIS 27th day of August, 2013 Ayes: Nays: Absent: ATTEST: Charlotte K. Pruss Village Clerk Resolution 2013-PED-ACCESS-AG-R-1287 Pedestrian Access Agreement with GGP, McDonald's and Arden 3of3 EXHIBIT A Agreement