1995-35W
RESOLUTION NO. 95 35
APPROVING A COMMUTER STATION
DEVELOPMENT AGREEMENT WITH METRA
WHEREAS, the Village of Buffalo Grove has a long tradition of advocating commuter
rail service on the Wisconsin Central corridor and has dedicated considerable financial and
staff resources to accomplish this goal; and,
WHEREAS, the "Commuter Station Development Agreement (Parts I and H) between
the Commuter Rail Division of the Regional Transportation Authority and the Village of
Buffalo Grove," attached hereto as Exhibit A, represents the terms and conditions for
providing commuter rail service to the Village as well as providing for the obligations of each
party as regards depot, platform, lighting, parking lot and other related infrastructure
improvements; and,
WHEREAS, the Board of Directors of the Commuter Rail Division of the Regional
Transportation Authority (Metra) has authorized the Agreement between the Commuter Rail
Division and the Village of Buffalo Grove.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Buffalo Grove, Cook and Lake Counties, Illinois that the Commuter Station
Development Agreements (Parts I and II) is hereby approved and authorized.
AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover
NAYES: 0 - None
PASSED: May 1, 1995
ATTEST:
Village Clerk
ABSENT: 0 - None
APPROVED: May 1, 1995
APPROVED:
COMMUTER RAIL BOARD
ORDINANCE NO. MET 95 -6
BE IT ORDAINED that:
1. The Board of Directors of the Commuter Rail Division of
the Regional Transportation Authority ( "Commuter Rail Division ")
hereby authorizes the Commuter Station Development Agreement
( "Agreement ") between the Commuter Rail Division and Villages of
Antioch, Buffalo Grove, Lake Villa,,Mundelein, Prospect Heights,
Round Lake Beach, Vernon Hills and Wheeling on the Wisconsin
Central Line.
2. The Agreements are hereby.approved.
3. The Chairman of the Commuter Rail Division and, at the
Chairman's designation, the Executive Director of the Commuter Rail
Division are hereby authorized and directed on behalf of the
Commuter Rail Division to execute and deliver said Agreements and
all subsequent amendments thereto, and the Assistant Secretary is
hereby authorized and directed on behalf of the Commuter Rail
Division to attest said Agreements and all subsequent amendments
thereto.
4. The Chairman of the Commuter Rail Division and, at the
Chairman's designation, the Executive Director of the Commuter Rail
Division are hereby authorized and directed to take such action as
they deem necessary or appropriate to implement, administer, and
enforce said Agreements and all subsequent amendments thereto.
March.l?, 1995
COMMUTER STATION DEVELOPMENT AGREEMENT
PART I
Between
THE COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY
and
THE VILLAGE OF BUFFALO GROVE
This Agreement is made by and between the Commuter Rail
Division of the Regional Transportation Authority ( "CRD"), created
under the Regional Transportation Authority Act, Ill. Rev. Stat.
70 ILCS 3615/1.01 -- 5.05, and the Village of Buffalo Grove, a
municipal corporation created under the laws of Illinois ( "Munici-
pality").
PRELIMINARY STATEMENT
The Municipality wishes to undertake a public transportation
capital project ( "Project ") and has made a request to the CRD for
the provision of commuter rail service to their community. Both
parties recognize that the provision of such rail service is
intended to offer significant benefit to the immediate community
and represents a commitment to providing service to the region as
a whole.
The CRD shall, in furtherance of establishing Commuter Rail
Service (CRS) to the Municipality, use its best efforts to obtain
a trackage agreement with the Wisconsin Central, upgrade track and
signals as necessary and deploy equipment required for said service
and operate said equipment to provide commuter service to the
Municipality. The target date for service implementation is
Spring, 1996.
The Project has been approved for funding by the CRD Board of
Directors.
The Municipality shall, in furtherance of establishing
commuter rail service, cause a Commuter Rail Station or shelter,
parking and related facilities to be constructed adjacent to CRD's
platform location.
In consideration of the mutual covenants hereinafter set
forth, this Agreement is made to provide for the construction of a
commuter rail passenger station and related facilities within the
Municipality so that CRS shall be provided to the Municipality.
This Agreement will set forth the terms and conditions upon which
the CRS will be established and to set forth the agreement of the
Parties as to the manner in which the Project will be undertaken,
completed and used.
ITEM 1. DEFINITIONS
As used in Parts I and II Commuter Station Development
Agreement, the following terms, when capitalized, shall have the
following meanings:
Agreement. This Commuter Station Development Agreement
and all exhibits and appendices hereto as from time to
time modified or amended pursuant to the terms hereof.
N
Commuter Service. Public Transportation Services by rail
within the Metropolitan Region as defined in the Regional
Transportation Authority Act.
CRD. The Commuter Rail Division of the Regional Trans-
portation Authority as established by amendments to the
Regional Transportation Authority Act, November 9, 1983.
Metropolitan Region. As defined in the RTA Act.
Municipality. An Illinois municipal corporation as named
in Part I.
NIRCRC. Northeast Illinois Regional Commuter Railroad
Corporation.
Non - Conflicting Use. Any alternative use of the station and
parking facilities that does not conflict with the provision
of CRS, unless approved by CRD.
Parking Facilities. Daily parking for required spaces to
be constructed by the Municipality adjacent to the
station area. Daily parking is defined as a daily fee,
first come, first served operation which may also utilize
a permit for convenience, but does not allow reservation
of a parking space by any permit holder.
Plans. As defined in Section 3, Part II.
Premises. The property owned by, leased or licensed to
Municipality upon which the Station portion of the
Project Facilities shall be constructed and maintained.
Project. As defined in Item 2, Part 1.
Project Budget. As defined in Section 8, Part II.
Project Facilities. Any facilities, equipment, or real
property purchased, acquired, constructed, improved,
renovated or refurbished as part of the Project, not
within the railroad right -of -way.
Project Funds. An amount not to exceed the sum set forth
in Item 3 of Part I.
Railroad. The Wisconsin Central, Ltd., an Illinois Corpora-
tion.
RTA. The Regional Transportation Authority.
Total Project Cost. The total of all line items shown in
Exhibit B.
3
Term Agreement.
As defined in Section 27, Part II.
Work. The work to be performed under this Project as
described herein.
ITEM 2. THE PROJECT
The Municipality agrees to undertake and complete the Project
and to provide for the use of Project Facilities and equipment as
described in this Agreement. The Project, which is to be more
particularly described in the plans, specifications and schedules
set forth herein is generally described as:
The acquisition (or long term control) of land and the construction
of Station and Parking facilities so as to satisfy CRD's 1998
ridership and parking demand estimates and station specifications
as set forth in Exhibit C -1.
ITEM 3. MUTUAL
The CRD's agreement to establish CRS for the Municipality
shall be contingent upon the Municipality's execution of this
Agreement and completion of specific undertakings. These undertak-
ings include obtaining, either by acquisition or long -term lease,
the property required for the commuter station and daily parking.
Said property shall be provided by the Municipality for commuter
and public use at no cost to the CRD or Railroad.
Concurrent with the Municipality's execution of this Agreement
and commencement of the project undertakings, the CRD shall begin
engineering and design for the construction of the platforms
required to establish CRS. The CRD shall use its best efforts to
enter into a trackage agreement with Railroad, upgrade track and
signals as required, deploy equipment and operate said equipment.
The target date for the provision of CRS to the Municipality is
Spring, 1996.
The Municipality agrees that it will provide, or cause to be
provided, the cost of project elements listed in Item 2, Part I.
The Municipality may, by separate agreement, contract with CRD to
obtain architectural and engineering services for the station and
parking facilities. Said services shall be provided by CRD
consultants selected by and currently under contract to CRD. The
cost of any such services shall also be shown in the Municipality's
Project Budget and any separate Agreement shall be listed in Part
I, Item 4, and become Exhibit D, Architectural and Engineering
Services Agreement which shall be made a part hereof and be
attached hereto.
The CRD may, from time to time or at any time, act under Parts
I and II of this Agreement by and through the Northeast Illinois
Regional Commuter Railroad Corporation.
4
ITEM 4. DOCUMENTS FORMING THIS AGREEMENT
The Parties agree that this Agreement constitutes the entire
Agreement between the Parties hereto, that there are no agreements
or understandings, implied or expressed, except as specifically set
forth in the Agreement and that all prior arrangements and
understandings in this connection are merged into and contained in
this Agreement. This Agreement may only be amended in writing,
signed by both parties. The Parties hereto further agree that this
Agreement consists of Part I, entitled "Commuter Station Develop-
ment Agreement "; Part II, entitled "Commuter Station Development
Agreement General Terms and Conditions "; Exhibit A, entitled
"Municipality's Request "; Exhibit B, entitled "Project Budget "; and
Exhibit C, entitled "Minimum Station, Parking Design Requirements ",
Exhibit C -1, entitled "Municipal Ridership and Parking Requirement
Estimates ", and Exhibit D, Architectural and Engineering Services
Agreement, all of which are by this reference specifically incorpo-
rated herein.
IN WITNESS WHEREOF, the Parties hereto
Agreement to be made effective and executed as
1995, by their respective duly auto
k"
Title:
Attest:
By:
have
of the
caused this
2.q-ti day of
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Title:
Attest •
Title: A,,sT. 'MFG Title:
THE COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY
547 West Jackson Boulevard
Chicago, Illinois 60661
(312) 322 -8003
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VXLLAGE CLEkX
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NORTHWEST MUNICIPAL CONFERENCE
1616 E. GOLF ROAD
DES PLAINES. IL 60016
(708) 296 -9200 FAX: 296.9207
Arlington Heights
Barrington
Bartlett
Buffalo Grove
Des Planes
Elk Grove Village
Evanston
Glencoe
Glenview
Hanover Park
Highland Park
Hoffman Estates
Inverness
Lake Forest
Lake Zurich
Libertyville
Lincolnshire
Lincolnwood
Morton Grove
Mount Prospect
Niles
Northbrook
Northfield
Palatine
Park Ridge
Prospect Heights
Roiling Meadows
Roselle
Schaumburg
Skokie
Streamwood
Vernon Hills
Wheeling
Wilmette
Winnetka
Elk Grove Twp.
Maine Twp.
New Trier Twp.
Northfield Twp.
Wheeling Twp.
OFFICERS
Pfo$K #
At Larson
Schaumburg
vicl- Prosident
JoAnn Eckman
Libertyville
0
NWMC
TO: Wisconsin Centr Mayoral Task Force
FROM:
Mark L. Fowler, Transportation Director
RE: Recommendation on Parking Standards
DATE: February 28, 1994
EXHIBIT A
A REGIONAL ASSOCIATION OF ILLINOIS
MUNICIPALITIES AND TOWNSHIPS
REPRESENTING A POPULATION OF OVER ONE MILLION
FOUNDED IN 1958
The following recommendations regarding parking standards governing the municipal
lots were approved by the Wisconsin Central Mayoral Task Force at its February 18
meeting. .
1.
01
3
4.
Secrefary•Treasurer
Michael D. Kadlecik
Palatine 5
Executive Director
Rita R. Athn
The Task Force acknowledges the importance to Metra and IDOT of full public
access to parking lots.
The Task Force recognizes that IDOT grant recipients must preserve full public
access for those lots which are funded all, or in part, with IDOT grants.
For communities not receiving IDOT grant funds for parking lot construction or
who will be constructing lots in excess of the opening day requirements:
a. The number of spaces required for opening day will be unrestricted.
b. The number of spaces above the opening day requirement can be restricted
for municipal residents only, with the provision that on a straight line
projection, spaces should be returned to the public on an annual basis.
Aa option be provided allowing communities not receiving IDOT finding for
paddsig lot construction to open their lots initially to full public access, but
reserve through the intergovernmental agreement with Metra, the right to
establish resident-only parking for the spaces above the minimum required,
should the need arise.
With regard to parldng fees, it is recommended:
a. The maximum uniform daily fee should not exceed $1.50.
b. A blend of daily fee and quarterly sales of "convenience" permits be
implemented for fee collection.
c. Weekend parking should be considered as a no-cost use of the parking lot.
d. The parking rates and fee collection be subject to a three -year review
process between Metra, IDOT and the communities.
The above recommendations will provide the basis for our discussions with Metra
regarding the Commuter Station Development Agreement on March 4.
EXHIBIT
Buffalo Grove Agreement Information
The Village of Buffalo Grove will design and construct a station facility
adjacent to the Wisconsin Central track a the designated station site. The
Village will secure a site for a station facility that has the ability to be
served by commuter train service on the Wisconsin Central (WC) track. The site
will have the capacity for a minimum of 500 paved commuter parking spaces,
developed over multiple construction phases. The site will, at full
development, have train platforms with a depot adjacent to the WC track; access
for PACE service, a fee collection system, drainage, sidewalks, landscaping,
bike racks, bike lockers, signage and access roads. The Village will cause to
have daily maintenance performed on the depots and parking lot facility(s).
The Phased construction depot and parking facility will be open for business
the day that Metra begins operating commuter train service on the Wisconsin
Central. This initial service date is anticipated to be April 1, 1996. The
Phase 1 station facility will consists of a minimum of an asphalt 300 space
parking lot, depot, access road, drainage, landscaping, fee collection system,
signage and sidewalks.
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LEGEND >.
BUFFALO GROVE
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= Metra Responsibility {
SCALE. 1 400 = Village Responsibility
EXHIBIT �
Buffalo Grove
Station Parameters
Village Contributions
Estimated Value
Parking Lot: $ 800,000
Depot: $ 350,500
Off -Site Improvements: $ 200,000
Land Purchase: $ 446,064
(PACE & Village)
Total: $1,796,564
Lease Acreage in addition
to land purchase: 4.5 acres
EXHIBIT 15
BUFFALO GROVE COMMUTER STATION
PRELIMINARY ESTIMATE OF COST FOR IDOT - DPT
1. OFF -SITE ROADWAY IMPROVEMENTS
Scoop: Add a left turn lane on westbound Busch Parkway at Commerce
Court, signalize this intersection.
ITEM UNIT QUANTITY UNIT PRICE EXTENSION
Intersection improvements LS 1 $200,0001 $200,000
SUB -TOTAL $200,000
I
2. VILLAGE STATION FACILITY
Sco1M: 960 square fool, one story, masonry wall and wood truss building
with clock tower, including waiting room, men's and women's toilet rooms,
and a utility room.
ITEM
UNIT
QUANTITY
UNIT PRICE
EXTENSION
Earthwork
LS
1
$25,000
$25,000
utilities
LS
1
$17,000
$17,000
Landscaping
LS
1
$22,000
$22,000
Brick pavers
LS
1
$11,000
$11,000
Concrete - shell
LS
1
$24,000
$24,000
Dryvit
LS
1
$15,000
$15,000
Masonry
LS
1
$28,000
$28,000
Steel
LS
1
$4000
$4000
Carpentry
LS
1
$50,000
$50,000
Roofing
LS
1
$28,000
$28,000
Glass
LS
1
$16,500
$16,500
Drywat
LS
1
$13,500
$13,500
Paint
LS
1
$4500
$4500
CeramWQuarry Tile
LS
1
$2000
$2000
Special Floor Finish
LS
1
$3700
$3700
Toilet partitions S
accessories
LS
1
$800
$800
Plumbing
LS
1
$17,000
$17,000
HVAC
LS
1
$21,000
$21,000
Electrical
LS
1
$37,500
$37,500
Railroad Liability Insurance
LS
1
$10,000
$10,000
SUB -TOTAL $350,500
EXHIBIT 5
BUFFALO GROVE COMMUTER STATION
PRELIMINARY ESTIMATE OF COST FOR MOT - OPT
3. BICYCLE FACILITIES
S4Rg: Provide bicycle racks and concrete pad.
ITEM UNIT QUANTITY UNIT PRICE I EXTENSION
Bicycle lockers & PCC pad LS 1 $12,500 $12,500
SUB -TOTAL $12,
EXHIBIT C
MINIMUM STATION AND PARKING DESIGN REQUIREMENTS
° Station Structure
° Warming Houses
° Parking
° Access Road, Drives and Walkways
° Lighting- Parking, Platform and Station Area
Signage
See Attached Design Requirements
EXHIBIT.. - ...�..,,,
Station -Level Boardings and Parking
1998
2010
Station Location
Boardings
Parking
Boardings
Parking
Antioch
50
45
100
90
Lake Villa
50
45
100
90
Round Lake Beach
100
90
150
130
L ibertWille
150
130
250
220
Mundelein
200
175
300
260
Vernon Hills
250
225
350
320
Prairie View
100
90
150
130
Buffalo Grove
350
320
500
450
Wheeling
650
530
900
740
Prospect Heights
600
500
750
620
Deval (Des Plaines)
50
...
50
---
O'Hare Airport
300
---
450
- - -
River Grove (Milwaukee West Line)
250
150
250
150
Subtotal
3,100
2,300
4,300
3,200
Chicago Union Station (CUS)
2,300
- - -
3,100
---
Grand Total
5,400
2,300
7,400
3,200
Note: River Grow boardings and parking estimates for Wisconsin Central trains only
(in addition to existing Nhvaukee West Line figures)
EXHIBIT D
THIS PAGE INTENTIONALLY LEFT BLANK
COMMUTER STATION DEVELOPMENT AGREEMENT
PART II
GENERAL TERMS AND CONDITIONS
Between
THE COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY
and
THE VILLAGE OF BUFFALO GROVE
1. DEFINITIONS. The terms capitalized in Part II Commuter
Station Development Agreement General Terms and Conditions shall
have the same definitions as found in Part I, Item 1.
2. GENERAL REQUIREMENTS. Municipality shall commence, carry
on, and complete the Project with all practicable dispatch, in a
sound, economical, and efficient manner, and in accordance with the
provisions of this Agreement.
3. SUBMISSION OF PROCEEDINGS# CONTRACTS AND OTHER DOCUMENTS.
Municipality and CRD hereby agree that the documents governing the
Work shall be the designs, surveys, plans, estimates, working
drawings and specifications hereinafter called "Plans ".
Municipality shall submit bid documents, contracts and Plans
necessary for the completion of the Work to CRD for review, and
CRD's prior approval shall be required with respect to safety and
to design standards affecting compliance with the Americans With
Disabilities Act and the Illinois Human Rights Act. After CRD
review is completed, no material change affecting safety or such
design standards shall be made in such documents without the prior
written consent of CRD.
4. CHANGED CONDITIONS AFFECTING PERFORMANCE. Municipality
shall immediately notify CRD of any change in conditions or local
law, or of any other event which may significantly affect its
ability to perform the Project in accordance with the provisions
of this Agreement.
5. NO CRD OR RAILROAD OBLIGATIONS TO THIRD PARTIES. CRD and
Railroad shall not be subject to any obligations or liabilities to
contractors of the Municipality or their subcontractors or any
other person not a party to this Agreement.
6. COMPLIANCE WITH LAW. In performance of its obligations
pursuant to this Agreement, Municipality and its contractors shall
comply with all applicable provisions of federal, state and local
laws and regulations.
7. PERMITS. Municipality and CRD shall obtain all necessary
permits, governmental permits, licenses, consents and other
approvals for the performance of the Work.
8. PROJECT BUDGET. For informational purposes, the budget
for the project prepared by the Municipality shall be provided to
the CRD.
9. RIGHT TO TERMINATE. Upon written notice to Municipal-
ity, CRD reserves the right to suspend or terminate all or part of
the CRS Project herein provided for when Municipality is, or has
been, in violation of the terms of this Agreement. Municipality
shall have 60 days from receipt of written notice to remedy any
deficiency. Any failure to make progress which significantly
2
endangers substantial performance of the Project within a
reasonable time shall be deemed to be a violation of the terms of
this Agreement, and CRD shall then have the right after 30 days at
its sole discretion, to perform Municipality's obligations under
this Agreement, and Municipality shall pay CRD the full cost of
such performance.
Upon failure of CRD to establish CRS pursuant to this
Agreement by December 31, 1996 or cessation of CRS after the
establishment thereof by CRD, except in the event that such failure
to establish or cessation is a result of a labor dispute or force
majeure, the Municipality may terminate this Agreement by giving
written notice of such termination, provided that such notice to
terminate shall be of no force or affect if the CRS is established
or reestablished within 90 days after such notice is given.
Upon failure of CRD to establish CRS, the parties agree
that CRD shall reimburse Municipality for any cost or obligation of
cost incurred by Municipality in conjunction with the establishment
of CRS and the improvements as defined in Exhibit A.
10. LABOR LAW COMPLIANCE. Municipality and CRD agree to
comply during construction with all applicable federal labor laws,
(i.e. Davis Bacon Act), as well as all state laws and regulations
governing municipalities.
11. PREMISES. The Municipality agrees that the property
upon which the Project is to be constructed is owned or is to be
leased by the Municipality and is provided for commuter and public
use for the term contemplated in Section 27 of this Agreement. The
Municipality shall allow the CRD to review any lease for any
property leased by the Municipality for construction of project
facilities.
12. EQUAL EMPLOYMENT OPPORTUNITY. Municipality and CRD shall
comply with 775 ILCS 5/2 -101 -- 2 -105.
13. ACCEPTANCE OF PROJECT FACILITIES. Upon completion of
the Work, Municipality and CRD shall conduct a joint inspection of
the Project Facilities. Municipality or CRD shall not allow the
Project Facilities to be opened for use unless said inspection
reveals there has been substantial conformance to the design,
specifications and safety standards for the project facilities.
14. MAINTENANCE OF PROJECT FACILITIES. Municipality agrees,
during the term of this Agreement, to maintain, or cause to be
maintained in a good state of repair, appearance and order,
corresponding to standards that apply to Municipality's other
public buildings and facilities (including, but not limited to,
bulb replacement, regular cleaning of floors, snow removal,
windows, painting, plumbing fixtures and the providing of scavenger
service), the Project Facilities as follows:
9 : .. -. ., 0
(a) Municipality shall maintain and repair said passenger
station and all fixtures and appurtenances thereof and any area
used in the future for commercial development.
(b) Municipality agrees to pay for electricity used in
lighting the station, platform and parking lot areas. Municipality
shall also be responsible for all water and heat used on the
Premises.
(c) Municipality agrees to maintain (including removal of
snow) parking lot areas and related facilities.
(d) Municipality agrees to maintain the landscaping on the
Premises.
(e) CRD shall construct, own and maintain (including snow
removal) the platforms and pedestrian crosswalks and shall assume
all liability therefore.
15. USE OF FACILITIES. Municipality agrees that the Project
Facilities will be used for the facilitation of Commuter Service.
Such Project Facilities shall be used for a period of 20 years from
the date first used in the facilitation of Commuter Service with
the option to be renewed, by mutual agreement, for three additional
ten -year terms. The Municipality further agrees that the CRD shall
be relieved of the responsibility to provide CRS should the
Municipality decide to terminate this Agreement or fail to renew
the Agreement upon expiration of the initial 20 -year term. CRD
agrees that the facilitation of Commuter Service "Use of
Facilities" shall not limit the municipality's ability to utilize
the Project Facilities for other non - conflicting uses, as defined
in Part 1: Definitions.
16. OPERATION OF PROJECT FACILITIES. Municipality agrees to
operate, or cause to be operated, the Project Facilities throughout
the Term Agreement. The Parking Facility shall be operated as a
daily fee lot, however, the Municipality may utilize a convenience
permit system which allows commuters to park without depositing
funds. Municipality shall set fees for the use of the Project's
Parking Facilities adequate to defray the Municipality's operation,
maintenance, debt service, lease fees, capital cost recovery,
capital reserves and administrative expenses for the operation of
the Project's Parking Facilities. CRD reserves the right to review
and approve parking fees. Said approval shall not be unreasonably
withheld. Fees set by Municipalities shall be standardized for all
patrons of the Project Facilities, and shall in no circumstance
discriminate against non - residents of Municipality in setting daily
parking fees for the Project Parking Facilities constructed to meet
the projected demand for the year 2010, as referenced in Exhibit C-
1. Subsequent expansions of the parking facilities, up to the 2010
commitment, will be triggered by utilization demand. When a
facility reaches 90 percent capacity the Municipality shall begin
4
engineering of additional parking spaces. When the facility
reaches 95 percent of capacity the Municipality will use its best
efforts to construct the engineered addition. Should the
Municipality, with its own funding, build the require 2010 parking
facilities at the inception of the project, CRD shall allow the
Municipality restricted access to up to 25 percent of the 2010
parking requirements for the term of the agreement (20 years).
Further, CRD shall offer the following option to all
municipalities:
The intent of both parties is to extend the original
terms and conditions of the service agreement for three ten -year
options. If, however, this cannot be accomplished, CRD shall be
allowed to acquire and operate the station and parking facilities
in the 21st year, subject to CRD paying for said facilities in the
following manner:
1. Land Acquisition: Based upon the actual appraised value
at time of acquisition by Municipality as determined by
independent appraisal. Should CRD change use for other
than CRS, CRD shall agree to pay the current appraised
value at the time of CRD acquisition, excluding any non -
local public funding.
2. Site Improvements: A base value and depreciation
schedule shall be established at the time of project
bidding for the site. Depreciation shall be calculated
on a straight line basis over the life expectancy of the
project elements, with no salvage value. Value
depreciated shall be based on original documented
construction costs, excluding any non -local public
funding.
The above conditions shall also apply should the
municipality desire to terminate the agreement within the original
twenty (20) year term of the agreement, or if the municipality does
not act to remedy any violations of the terms of this agreement per
Paragraph 9, Right to Terminate. It is understood and agreed that
the parties will bargain in good faith to extend the service
agreement option, but both parties reserve the right to transfer
station ownership and operational responsibilities from the
Municipality to CRD.
17. CONTINUANCE OF SERVICES. Municipality agrees to
continue to provide, either directly or by contract, as the case
may be, the administrative and maintenance services described in
Section 16 for 20 years with the option to renew for three ten -year
extensions, as described in Section 15.
18. INSURANCE. Municipality and its contractors shall
maintain in amounts and forms satisfactory to CRD such insurance
or risk pool as will be adequate to protect the Project Facilities
5
throughout the periods of engineering and construction and the
Term Agreement. Said insurance shall include but not be limited
to , general liability, property damage, statutory workmen's
compensation and employer's liability coverages. Said insurance or
risk pool coverage shall be $2,000,000 per occurrence.
19. INDEMNIFICATION. Municipality agrees to protect,
indemnify, defend and forever save and keep harmless the Commuter
Rail Division, the Regional Transportation Authority, the Northeast
Illinois Regional Commuter Railroad Corporation, the Railroad, and
their directors, employees and agents from, and to assume all
liability and expense (including costs and attorneys' fees) for
death or injury to any person or persons and all loss, damage or
destruction to any property caused by, attributable to or resulting
from the construction, maintenance, repairs, alteration,
replacement, operation, or use of the Project Facilities or the
failure of Municipality to comply with the provisions of this
Agreement. In no event shall this indemnification be considered to
require the Municipality to indemnify the CRD's negligence.
20. OWNERSHIP. CRD shall be and remain the owner of the
platforms and pedestrian crosswalks.
21. NON - COLLUSION. Municipality warrants that it has not
paid and agrees not to pay any bonus, commission, fee, or gratuity
for the purpose of obtaining any approval of its request for CRS
pursuant to this Agreement. No CRD officer or employee, or member
of any unit of local government which contributes to the Project
Funds shall be admitted to any share or part of this Agreement or
to any benefit arising therefrom.
22. MUNICIPALITY'S WARRANTIES. Municipality agrees to
initiate and consummate all actions necessary to enable it to
enter into this Agreement. Municipality shall provide CRD a
certified copy of the ordinance or resolution authorizing the
execution of this Agreement.
23. SEVERABILITY. CRD and Municipality agree that if any
provision of this Agreement is held invalid for any reason what -
soever, the remaining provisions shall not be affected thereby if
such remainder would then continue to conform to the purposes,
terms and requirements of applicable law.
24. ASSIGNMENT OF AGREEMENT. The parties agree that this
Agreement shall not be assigned, transferred, conveyed, sublet or
otherwise disposed of without the prior written consent of the
other.
25. AMENDMENT. CRD and Municipality agree that no change or
modification to this Agreement, or any Exhibits or Attachments
hereto, shall be of any force or effect unless such amendment is
dated, reduced to writing, executed by both parties, and attached
C
0 : . i a 0
to and made a part of this Agreement. No work shall be commenced
and no costs or obligations incurred in consequence of any amend-
ment to this Agreement or any attachments hereto unless and until
such amendment has been executed and made a part of this Agree-
ment and the Project Budget has been amended to conform thereto.
26. TITLES. Municipality and CRD agree that the titles of
the items of this Agreement, hereinabove set forth, are inserted
for convenience of identification only and shall not be consid-
ered for any other purpose.
27. AGREEMENT PERIOD. The terms of this Agreement shall
begin as of the date hereof and shall end upon the expiration of
20 to 50 years dependant upon the exercise of the extensions
contemplated in Sections 15 and 17 herein.
28. GOVERNING LAW. This agreement shall be governed by the
laws of the State of Illinois.
29. NOTICES. All requests, notices, demands, authoriza-
tions, directions, consents or waivers or other documents required
or permitted under this Agreement shall be in writing and shall be
delivered in person to, or deposited postage prepaid in the
registered or certified mails of the United States, addressed to
the CRD at:
Commuter Rail Division
547 W. Jackson Boulevard
Chicago, Illinois 60661
Attn: Director, Real Estate & Contract Management
or to the Municipality:
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
ATTN: Mayor, Village of Buffalo Grove
30. COUNTERPARTS. This Agreement may be simultaneously
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.
31. IMPLEMENTATION. Municipality agrees that the station or
shelter and parking construction shall be substantially completed
by December 31, 1995, or that the infrastructure for the station,
parking and access drives shall be completed 60 days prior to the
CRS implementation, whichever is later.
32. FUTURE STATION /PARKING EXPANSION. CRD and the
Municipality agree that the Station and Parking Facilities shall be
designed to accommodate "present- demand" projections. The
7
0- Y, 0 1.
Municipality agrees to acquire sufficient station and parking
property, through acquisition or lease, to accommodate projected
daily passenger boarding and parking demand through the year 2010
as shown in Exhibit C -1. This obligation may be accomplished by
reserving additional property for increased surface parking or by
zoning acquired property to accommodate a parking structure.
33. MOST FAVORED NATIONS PROVISION. In the event that CRD
accepts from any Illinois municipality, other than the City of
Chicago, a train station agreement or amendments to any agreement
containing terms, conditions or provisions more favorable from
those contained in this agreement, CRD shall inform the Munici-
pality in writing of such fact and provide a copy of such to the
Municipality. If the Municipality decides to adopt such agreement
or amendment of such other municipality, CRD agrees it will accept
said agreement or amendment. In such event, the term of the new
agreement or amendment will expire at the time the original
agreement was scheduled to expire, unless otherwise agreed by the
parties.
34. LIMITATION OF RIGHTS. The CRD or Railroad shall have no
obligation or duty to any person, individual, or third party, to
perform any actions which the CRD may have the right to make under
this Agreement or otherwise. Such rights are for the sole benefit
of the CRD and neither the Municipality nor any other person shall
rely on the CRD's exercise of, or failure to exercise, any of such
rights. Except for obligations specifically provided for, this
Agreement is not intended to and shall not be construed or applied
to create any rights in any person or entity not a party hereto.
A: \CAP- SI \2STND.PT2 vp(03 /07/95)
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