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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 �I � � s :� � ! • o C • v • ¢ O f1 , • • x } \ \ t \ 9 \ i . . o _ 0 ^ i• _ •r `"'rte �- Exhibit f V H I c x J �_I < G §§aagga z t < i p8 o� s -o i_ s: °• A 2 t�1 4 t �_;�_� \ \` •\ Ii Ir I I•I I M I I I `.Tl I� i i t � �h --->' I I it I I I I � •r `"'rte �- Exhibit f V H I c x J �_I < G §§aagga z t < i p8 o� s -o i_ s: °• A 2 p8 o� s -o i_ s: °• A 2