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2008-08109/30/2008 ORDINANCE NO. 2008- 81 AN ORDINANCE AMENDING CHAPTER 3.52, MUNICIPAL COMMUTER PARKING LOT FEES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; WHEREAS, the Village has entered into or is about to enter into an Intergovernmental Agreement with the Town of Vernon for the purpose establishing certain responsibilities concerning the Township's and Metra's commuter station parking lots. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this ordinance as if fully set forth herein. Section 2. Section 3.52.055 is added to the Buffalo Grove Municipal Code to read as follows: Section 3.52.055 Vernon Township Commuter Parking Lots A. The requirements of this Section 3.52.055 shall apply only to the Town of Vernon and Metra commuter parking lots identified as Parking Lot 1 and Parking Lot 2 in the Intergovernmental Agreement Between the Village of Buffalo Grove and the Town of Vernon dated December 15 , 2008. B. The "Daily Fee" established for the purpose of parking within the commuter parking lots shall be one dollar and fifty cents ($1.50) per day and shall be applicable from 6:00 a.m. to 8:00 p.m. each day. The Daily Fee shall be deposited in the appropriate fee collection systems as established by the Township. C. Notwithstanding subsection B. of this Section, persons with disabilities whose motor vehicles meet the qualifications set forth in the Illinois Vehicle Code at 625 ILCS 5/11- 1301.1 to display registration plates, special decals or devices issued to persons with disabilities, are exempt from the payment of the Daily Fee. Section 3. Section 10.18.040, Table of Settlement Amounts for Citations, of the Buffalo Grove Municipal Code is hereby amended by adding item 2A to the Table as follows: STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on, December 15, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2008 -81 AN ORDINANCE AMENDING CHAPTER 3.52, MUNICIPAL COMMUTER PARKING LOT FEES, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -81, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on December 15, 2008 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 16th day of December, 2008. � v l G��tic.C/✓v Village e By a r-1 Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 5. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: December 15, 2008. APPROVED: December 15 , 2008. PUBLISHED: December 16 , 2008. APPROVED: Village President ATTEST: i lage Clerk FARZLL0103- Buffalo Grove \Vernon TownshipTarking Lot Agreement \Ordinance\Daily Fees .doc N Citation Municipal Code Column Column Column Section or Title or A B C Vehicle Code Section* Parkin 2A Failure to Pay Daily 3.52.055 $20.00 $25.00 $50.00 Parking Fee - Township Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 5. Any person violating any portion of this ordinance shall be punished according to the provisions of Chapter 1.08 of the Buffalo Grove Municipal Code. Section 6. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYES: 0 - None ABSENT: 0 - None PASSED: December 15, 2008. APPROVED: December 15 , 2008. PUBLISHED: December 16 , 2008. APPROVED: Village President ATTEST: i lage Clerk FARZLL0103- Buffalo Grove \Vernon TownshipTarking Lot Agreement \Ordinance\Daily Fees .doc N 11/25/2008 0 INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE TOWN OF VERNON THIS AGREEMENT is entered into as of the /, ` day of iOeteJAY 2008, by and between the Village of Buffalo Grove, Cook and Lake Counties, Illinois, an Illinois home rule municipal corporation ( "Village ") and the Town of Vernon, an Illinois township ( "Township "), hereinafter sometimes collectively referred to as the "Parties." Recitals WHEREAS, the Township is a duly organized and existing township under the laws of the State of Illinois; and WHEREAS, the Village is duly organized municipal corporation under the laws of Illinois, and a home rule unit of local government pursuant to the provisions of the Illinois Constitution of 1970; and WHEREAS, the Township is the owner of the real property depicted and identified as "Parking Lot 1" on Exhibit "A" and legally described in Exhibit "B ", both exhibits which are attached hereto and made a part hereof, which property is situated within the corporate limits of { 33 \74.02\METRASTA \00019115.DOC) 1 the Village of Buffalo Grove, Illinois, and hereinafter sometimes referred to as the "Township Property "; and WHEREAS, there has heretofore been constructed on the Township Property certain improvements which are commonly referred to as the Prairie View commuter rail station and related parking facilities; said improvements and Township Property are depicted and identified as "Parking Lot 1" on Exhibit "A ", which is attached hereto and made a part hereof, and WHEREAS, the Township and the Commuter Rail Division of the Regional Transportation Authority ( "CRD ") have entered into a certain "Amendment No. 3 to the Commuter Station Development Agreement" dated September 11, 2004 ( "CRD Agreement ") whereby CRD agreed to construct a commuter parking facility on certain real property owned or controlled by CRD, which real property is legally described on Exhibit "C" hereto ( "CRD Property "), and which commuter parking facility and CRD Property are depicted and identified as "Parking Lot 2" on Exhibit "A" hereto; and WHEREAS, the Township has previously agreed with CRD to assume the management and operation of the parking facilities on Parking Lot 1 and Parking Lot 2; and WHEREAS, Parking Lot 1 and Parking Lot 2 are hereinafter sometimes referred to as the "Premises "; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970 authorizes units of local government to contract, to exercise, combine, or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act of 1973 (5 ILCS, 220/1 et seq.) authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit { 33 \74.02\METRASTA \00019115.Doc} 2 0 of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings; and WHEREAS, the Township has requested: (i) that the Village authorize a Township employee (approved by the Village Manager) to issue a Village citation for violation of Section 3.52.055 of the Buffalo Grove Municipal Code for non - payment of the daily fee at Parking Lot 1 and Parking Lot 2 and (ii) that the Village enforce any citation so issued; and WHEREAS, the Village and the Township desire to provide for the health and safety of persons using the Premises and to perform services and make regulations concerning the Premises as authorized by the Illinois Constitution, the Illinois statutes, and this Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants and agreements hereinafter set forth, it is agreed by and between the Town of Vernon and the Village of Buffalo Grove as follows: Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated herein and made a part hereof. Section 2. Township Commitments. (a) The Township, at its cost, will collect parking lot fees. Any fees so collected shall remain the property of the Township. The Township shall designate a Township employee or employees to issue Village citations for failure to pay the required parking lot fee at Parking Lot 1 and Parking Lot 2. Such citations shall be issued by a Township employee authorized by the Village Manager. Citations shall be forwarded to the Village for enforcement. (b) The Township grants to the Village the right to enter the Premises to effectuate the purposes of this Agreement. { 33 \74.02\METRASTA \00019115.Doc) 3 (c) The Township shall forward to the Village any funds received by it on account of the Village's enforcement actions pursuant to Section 3.(b) of this Agreement. (d) The Township hereby agrees to indemnify, defend (with counsel acceptable to Village) and hold harmless the CRD, the Village, their respective officers, employees, agents and legal representatives (collectively, the "CRD Indemnitees" and "Village Indemnitees ", as the case may be) from and against any and all claims, demands, actions, proceedings, suits and /or causes of action (including, without limitation, reasonable attorneys' fees and costs) and other liabilities of any third parties ( "Claims ") asserted, raised or brought against any of the CRD Indemnitees or Village Indemnitees and any and all losses, costs, claims, liabilities and expenses sustained or incurred by any CRD Indemnitee or--Village Indemnitee as a result of or arising from any such Claim ( "Losses ") that result or arise from this Agreement, except in no event shall the Township be obligated to indemnify the Village from any Claims and /or Losses,-to the extent such Claims and/or Losses are caused by the negligence of the Village. Without limiting the generality of the foregoing, the Township hereby agrees to pay for all reasonable legal costs and expenses incurred by the CRD, the Village or any of the CRD Indemnitees or Village Indemnitees in connection with any Claims which (a) constitute a challenge to the enforceability of all or any of the provisions of this Agreement, or (b) relate, whether or not a court action is filed, to the subject matter of this Agreement, except in no event shall the Township be obligated to indemnify the Village from any such Claims-Jo the extent such Claims are caused by the negligence of the Village. The parties acknowledge and agree that the CRD and the CRD Indemnitees shall have all right, power and authority to enforce the terms and conditions of this Section 2(d) of the Agreement. Section 3. Village Commitments. {33 \74.02\METRASTA \00019115. Doc) 4 (a) The Village agrees to designate its Village Manager as the authority on behalf of the Village to authorize a Township employee or employees to enforce ordinances of the Village pursuant to this Agreement. (b) The Village, in its discretion, will enforce citations issued for non - payment of the daily fee on the Premises. Any and all fines, penalties, or settlements assessed or collected on account of the Village's enforcement actions shall be the property of the Village. Section 4. Joint Obligations. (a) The Parties agree to do all things reasonably necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in furthering the objectives of this Agreement and the intent of the Parties as reflected in the terms of this Agreement, including, without limitation, the enactment of such resolutions and ordinances, the execution of such documents and agreements, and the taking of such other actions as may be necessary to enable the Parties' compliance with the terms and provisions of this Agreement, and as may be necessary to give effect to the objectives of this Agreement and the intentions of the Parties as reflected by the terms of this Agreement. (b) Except as specifically described in Section 2(d), the Village and the Township agree that this Agreement is for the benefit of the Parties and not for the benefit of any third party beneficiary. No third party shall have rights or claims against the Village or the Township arising from this Agreement, except as described otherwise in Section 2(d). Section 5. Amendment of Agreement This Agreement shall only be amended or changed by the mutual agreement of the corporate authorities of both the Township and the Village. Section 6. Severability f 33 \74.02\METRASTA \00019115.Doc) 5 If any provisions of this Agreement shall be declared invalid for any reason, such invalidation shall not affect other provisions of this Agreement which can be given effect without the invalid provisions and to this end the provisions of this Agreement are to be severable. Section 7. Subject to CRD Agreement This Agreement is subject and subordinate to the terms and provisions of the CRD Agreement. In the event of a conflict between the terms and provisions of this Agreement and the CRD Agreement, the terms and provision of the CRD Agreement shall take precedence and control. Section 8. Duration of Agreement This Agreement shall be in full force and effect for a period of twenty (20) years from the date hereof but may be terminated by either party hereto upon ninety (90) days advance written notice to the other party and shall automatically expire if the CRD Agreement (including all of its amendments) terminate or expire. The terms of Section 2(c) and 2(d) shall survive any expiration or termination of this Agreement. Section 9. Applicable Law and Recording Requirements This Agreement shall be construed in accordance with the laws of the State of Illinois and may be recorded with the Lake County Recorder. Section 10. Notice and Service Any notice hereunder from either party hereto to the other party shall be in writing and shall be served by certified mail, postage prepaid, return receipt requested addressed as follows: To Buffalo Grove: Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Attn: Village Manager { 33 \74.02\METRASTA \00019115.Doc} 6 To Town of Vernon: Vernon Township 3050 Main Street Buffalo Grove, Illinois 60089 Attn: Township Supervisor or to such persons or entities and at such address as either party may from time to time designate by notice to the other party. Notice shall be deemed received on the third business day following deposit in the U.S. Mail in accordance with this Section. Section 11. Adoption of Ordinances The parties agree that this Agreement shall be adopted by ordinances by the corporate authorities of each party. Section 12. CRD Approval. This Agreement shall not become effective until CRD provides its written consent to the execution of this Agreement. Section 13. Counterparts. This Agreement may be executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. IN WITNESS WHEREOF, The parties have caused this Agreement to be executed as of the day and date first above written. VILLAGE OF BUFFFALO GROVE, an Illinois home rule municipal corporation Village President {33 \74.02\METRASTA \00019115.Doc } % ATTEST: Village Merk ATTEST: THIS DOCUMENT PREPARED BY: William G. Raysa, Village Attorney Raysa & Zimmermann, LLC. 22 S. Washington St. Park Ridge, IL 60068 FABuffalo Grove \Vernon TownshipTarking Lot Agreement.doe 0 TOWN OF VERNON, an Illinois township By Its: 5�-; leer L./ /,z 0/- RECORDER MAIL TO: Village of Buffalo Grove Village Clerk's Office 50 Raupp Boulevard Buffalo Grove, IL 60089 { 33 \74.02\METRASTA \00019115.DOC} 8 C Consent To Agreement The Commuter Rail Division of the Regional Transportation Authority (CRD) does hereby provide its written consent to the execution of the foregoing Intergovernmental Agreement Between the Village of Buffalo Grove and the Town of Vernon. COMMUTER RAAL DIVISION OF THE REGIONAL TPATATION AUTHORITY ATTEST: A. PaAaad'—U-xrcutive Director { 3 3 \74.02\M ETRASTA \00019115. DOC) 9 U Exhibit "A" Parkin,g Lot 1 and Parking Lot 2 0 (NOTE: This Exhibit "A" is the same as Exhibit "A" to Amendment No. 3 to the Commuter Station Development Agreement between Vernon Township and the Commuter Rail Division of the Regional Transportation Authority (CRD) dated September 11, 2004). { 33 \74.02\METRASTA \00019115.DOC} 10 w w C!0 1� Gn a °o 8 60.01 coac aBa� tr nt�T> =s . rAm"nmeaBao. Rome a nNV Bo- Nm1�M MV WKAb a muETT mlam uBar. Beau reoweB ne mBMaE rm ]nonmo n+e Bes,oanP, �NB`t]MleMl leaime n wasr�.w rAV'� , Bma e,BU . n,e Pa.n �"Wl L !BIND NNPI NAre oa AnBNe..e.eeam IrB°�wla Ae°WtaaieAaeow Im +ae .cmm urea As 1.05 A L0S 2 New Shelter —t ms"�s.nirz mranJ 2 1I 1,01 3 PARKING LOT 2 " New Shelter .TION m — PA,RIMG LOT 1 _111iJJJ -r .l.t rrT MAIN ST. ----- - - - - -- Exhibit BOA" GRAPNTC SCALE �7 1 (Neh I1�"Bl1 STATON LOT Na ­1 . STgNON PARKING LOT EXPANSION IW� PROPOSED s Aso � PRAIRIE VIEW So EXISTING ME7RA STA770N S'GNAUZED VERNON TWP., mNTERSECnoN LAKE COUNTY, n r / ILUNOIS 90% SUBMITTAL / ap• / PPIIABT CONSULTANT seltxa aNCINSSrsIN / CONSULTANTS, INC. �. �A><AONM lAkIB&[.: / N / Q CA4/a�lYCeo"L fNMS® r a — �r I � ELL <OOEUT •WIBeBE MaNle[ .,e.Amn NORni CINTRAL LINE +» -- N AIAnONAL RN./[.R�CU.ID ' V {I /`Y I SUB CONAKT/NT llJ11 J 1111 3T /'� F�. � EXISTING � ,a A SIGNALIZED , INTERSEC M • a a a a , z. M0. GATE fdNSFD Af BAg BATE 5010. oaABN aysmB emL BAN zBei un LEA PROPOSED PARKING I OT 517E DATA,wBEINNE wuPam n>lwanrPAwmrrEECixN O muaw PAtnq/]SECa11 Auvav a•xECwx vAPRNC mAUr :n xoBTx aNnN. uNE if8 P.C4 SBCNYR RIAIV • ��OP NAtlmAP mAf<S] .vrn ff somssn 1 AT our rorAE AYDIBpt a srws ma SHM N0. C -06 BS ANSI is m1Fd5'm nnn MV • TN'2U. PAPpNO Nmlm. as' T OF s2 "MtflW" NOTfO B PIMA. • IT11T.V. PA&aNG lfAVifk ]d'' as ARA a RESERSE mwt'rt PUN ,me rwrcu APB °E MM OAd OPa OVII7ALL SITE PLAN I.S PATPmm 1..1TS TOlNS]PoSOW • 11flCAL PAPo9lO = NmTNr ISN.O' M) 0 Exhibit `B" Township Property THAT PART OF THE PROPERTY OF THE WISCONSIN CENTRAL LTD. IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 21, AND THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, ALL IN TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE EAST BY A LINE 30.00 FEET WESTERLY OF (AS MEASURED PARALLEL TO) WISCONSIN CENTRAL LTD.'S MAIN TRACK CENTERLINE, BOUNDED ON THE WEST BY A LINE 143.50 FEET WESTERLY OF (AS MEASURED PARALLEL TO) WISCONSIN CENTRAL LTD.'S MAIN TRACK CENTERLINE, BOUNDED ON THE SOUTH BY THE NORTH LINE OF ILLINOIS STATE HIGHWAY ROUTE 22, AND BOUNDED ON THE NORTH BY A LINE PERPENDICULAR TO SAID MAIN TRACK CENTERLINE AND DISTANT 1320.00 FEET NORTHERLY OF (AS MEASURED ALONG SAID MAIN TRACK CENTERLINE) FROM THE NORTH LINE OF SAID ILLINOIS STATE HIGHWAY ROUTE 22, ALL IN LAKE COUNTY, ILLINOIS. PIN: 15 -21- 200 -050 { 33 \74.02\METRASTA \00019115.DOC} 12 Exhibit "C" CRD Property That part of the Northwest Quarter of the Northeast Quarter and the Northeast Quarter of the Northwest Quarter of Section 21, and the Southeast Quarter of the Southwest Quarter and the Southwest Quarter of the Southeast Quarter of Section 16, all in Township 43 North, Range 11 East of the Third Principal Meridian more particularly described as follows: Commencing at the point of intersection of the North line of Illinois State Highway 22 and the Westerly line of Prairie Road; thence on an assumed bearing of North 21 degrees 20 minutes 13 seconds West along the said Westerly line, a distance of 83.04 feet to the point of beginning; thence continuing along said line, a distance of 661.34 feet to a point; thence South 68 degrees 37 minutes 32 seconds West a distance of 55.00 feet to a point; thence North 21 degrees 20 minutes 13 seconds West, a distance of 438.12 feet to a point; thence South 68 degrees 37 minutes 32 seconds West, a distance of 27.90 feet to a point on a line 23.0 feet Easterly of, as measured perpendicular to, the main track centerline of the Wisconsin Central Ltd.; thence South 21 degrees 22 minutes 28 seconds East along said line, a distance of 1142.39 feet to a point, said point being 3.91 feet Northerly of said North line of Illinois State Highway 22 as measured along a line 23.0 feet Easterly of, as measured perpendicular to, the main track centerline of the Wisconsin Central, Ltd.; thence North 41 degrees 02 minutes 35 seconds East, a distance of 92.79 feet to the point of beginning, all in Lake County, Illinois. and That part of the lands described in the deed recorded under the document number 2863661 in the Lake County Recorder's Office, December 26, 1989, more particularly described as follows: Commencing at the point of intersection of the north line of Illinois State Highway 22 and the westerly line of Prairie Road; thence on an assumed bearing of North 21 degrees 20 minutes 13 seconds west along the said westerly line, a distance of 744.38 feet to the point of beginning; thence continuing north 21 degrees 20 minutes 13 seconds west along said westerly line and its northerly extension, a distance of 438.12 feet to a point, thence south 68 degrees 37 minutes 32 seconds west a distance of 55.00 feet to a point; thence south 21 degrees 20 minutes 13 seconds east, a distance of 438.12 feet to a point; thence north 68 degrees 37 minutes 32 seconds east, a distance of 55.00 feet to the point of beginning, all in Lake County, Illinois. PIN: 15 -16- 300 -032 and 15 -16- 300 -034 { 33 \74.02\METRASTA \00019115.DOC} 13