1990-1300 00
RESOLUTION NO. 90-13
A RESOLUTION APPROVING A MAINTENANCE AGREEMENT FOR THE
PACE PARK & RIDE FACILITY
WHEREAS, the Village and PACE have heretofore entered into an
Intergovernmental Agreement dated June 8, 1989 concerning PACE's Park
& Ride facility located in the Corporate Grove Subdivision in the Village;
and
WHEREAS, said Intergovernmental Agreement provided that the parties
would subsequently enter into a Maintenance Agreement for said facility.
NOW, THEREFORE, BE IT RESOLVED by the Village President and
Board of Trustees of the Village of Buffalo Grove, Lake and Cook Counties,
Illinois as follows
1. The Agreement entitled "Maintenance Agreement (PACE Park
& Ride Facility) Buffalo Grove" is hereby approved. A copy
of said Agreement is attached hereto and made a part hereof.
2. The Village President and Village Clerk are authorized and
directed to execute the agreement for the Village.
A YES: 5 - Marienthal. Reid, Shifrin, Mathias, O'Malley
NA YES: 0 - None
ABSENT: 1 - Glover
PASSED: April 16 ,1990
APPROVED: April 16 ,1990
APPROVED:
C
Village President
ATTEST:
Vill&gle Clerk
MAINTENANCE AGREEMENT
(Pace Park and Ride Facility)
BUFFALO GROVE
THIS AGREEMENT, made as of the 16th day of _April , 1990 by
and between the Suburban Bus Division of the Regional Transportation
Authority (herein referred to by the operating name "Pace ") and the
Village of Buffalo Grove (the "Village ") for maintenance of a bus
turnaround and park and' ride facility on Lot 49 in Covington
Corporate Center in Buffalo Grove as shown on the exhibit attached
hereto and made a part hereof as Exhibit A ( "Premises ").
W I T N E S S E T H:
WHEREAS, Pace plans to construct a bus turnaround and park and
ride facility on the Premises to improve bus service and reduce
traffic congestion in the Village of Buffalo Grove; and.
WHEREAS, if Pace constructs this facility, the Village has
agreed, to maintain such facility through an Intergovernmental
Agreement between.the parties dated June 8, 1989.
WHEREAS, it is necessary and desirable to recite the obligation
of the parties in the event that the facility described is
constructed.
NOW, THEREFORE, the parties hereto do mutually agree as
follows:
1. The Village shall maintain the Premises, including the
improvements and facilities on the Premises, in a manner
consistent with its maintenance of Village facilities and
properties. The Village shall be responsible for all
maintenance work and for minor repair work which is defined
as repair work costing less than $2,000 per incident during
the first year of this Agreement. Such amount shall be
adjusted annually in accordance with changes in the general
Chicago Consumer Price Index. The Village's responsibility
shall include, but is not limited to, cutting the grass,
general landscape maintenance, snow removal, trash removal,
replacement of burned out or broken lights, and cleaning and
repairing of gutters, pavement, bus shelters and curbing.
The Village shall pay for all utility expenses. The Village
shall maintain the drivers' washroom facility including
necessary janitorial services.
2. Pace shall be responsible for providing replacement bus
shelter panels to be installed by the Village as requested.
The Village shall be responsible for notifying Pace within 48
hours after a replacement panel is needed.
Page 1
3. The Village agrees to indemnify and hold harmless Pace and
the Regional Transportation Authority from any and all
liability for loss or damage to property whatsoever and all
injury to or death of persons whomsoever while on or about
the Premises whenever such loss or damage to property or
injury or death is caused by the negligence of the Village or
arises from the maintenance of or presence on the Premises by
the Village. Pace agrees to indemnify and hold harmless the
Village from any and all liability for loss or damage to
property whatsoever and all injury to or death of persons
whomsoever while on or about the Premises whenever such loss
or damage to property or injury or death is caused by Pace's
negligence. When used in this Section the terms Village, RTA
and Pace shall include their respective officers, directors,
employees, or agents. Any independent contractors retained
by the Village or Pace to perform work shall be required to
provide insurance protection for Pace, RTA, and the Village
by naming all parties as additional insureds on their
liability policies.
4. Village staff shall participate in biannual inspections
conducted by Pace of the Premises. The Village agrees to
correct any noted deficiencies which are Village`s
responsibility under this Agreement within sixty (60) days.
If corrective action is not taken within that time, Pace
shall have the right to correct such deficiencies., The
Village shall pay for such incurred expense within thirty
(30) days of receiving such an invoice from Pace.
5. The Village shall tow and ticket all non -bus vehicles parked
in the designated bus only lanes on the Premises and all
vehicles parked overnight in the park and ride facility in
accordance with the Village's towing and ticketing
ordinances. The Village will provide general security
surveillance with the same diligence as the Village performs
at Village facilities. The Village shall not restrict
parking to Village residents. All services required in this
Section shall be performed at no cost to Pace.
6. The Village shall not charge any fees for parking at the park
and ride facility. In the event that a Metra station is
constructed, a fee structure may be established by Pace.
Pace agrees to reimburse the Village for costs incurred in
maintaining the facility. However, in Pace's sole
discretion, reimbursement to the Village shall be limited to
the actual cost of maintenance incurred by the Village, or
50% of the revenue collected, whichever is less. Such fees
shall be collected by Pace.
Page 2
0 0
0
7. The term of this agreement shall be twenty (20) years from
the date the bus turnaround and park and ride facility is
scheduled for service by Pace; Pace shall advise the Village
in writing when service is scheduled.
8. The Village shall not in any way restrict use of the,Premises
as a bus turnaround and bus passenger park and ride facility.
In the event that this site becomes the location of a
commuter rail station, Pace agrees to cooperate with the
Village to provide parking for commuter rail users. The
Village shall not assess any fees, taxes or other charges for
the facility or its use. Any charges for direct service the
Village may provide to Pace, at Pace's request, will be
subject to separate negotiation and agreement.
9. The Village shall be entirely responsible for any and all
maintenance and repair costs associated in any way with the
retention pond. Such obligation is in no way limited by the
provisions in Section 1 of this Agreement. The Village shall
indemnify and hold harmless Pace and RTA against any and all
claims arising from the presence, condition or use of the
retention pond.
IN WITNESS WHEREOF, the parties hereto
to be made effective and executed as of
above by their duly authorized officials.
Village
ATTEST'
K / ► 1. By f /
Its: —_YL`
have caused this Agreement
the date first set forth
Buffalo Grove,
illage President
Suburban Bus Division of The
Regiopal Transportation Authority
ATTEST. By
Page 3
chive Direllor
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