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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 I 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 2 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. 3 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. 4 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 i Wood Crlei bane traversed or affected by I-88 except as otherwise expressly provided fei-in this AGREEMENT. For the purpose of this AGREEMENT, 5 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: i 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. 6 i 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 r i l ; rt T. La , Senior Attorney General,State of Illinois . , , G JMR_iGA IS CH 3atc i ,186�@_YorkRd.doc s` K f A f 7 � e � "s z a' x r €. r _ '� ' too 1 M i _ .� lot r � a y gam. a. l ` T Oil all x° c �r f 3a t no NINE" : TRACTS _ Y ME mar X�ins � Z 4 I YII min z -- k E � Ili �I I vii wV MAIM As SE A- 4 1 4 =3 a� E r 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. e x a I� I( N A# 7 v� r � .p 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. vG� OF Ogk4990 - ------ - 0 M6 A66AMLM& o �n G 0 �2 v cF COUNJI, 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