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1997-17Resolution 97- 17 Approving an Intergovernmental Agreement and Parking Fee Reimbursement Agreement between the Village of Buffalo Grove and Pace, the Suburban Bus Division of the Regional Transportation Authority WHEREAS, the Village of Buffalo Grove and Pace entered into an Intergovernmental Agreement dated June 8, 1989 concerning Pace's Parlc,and Ride facility located at Commerce Court and Busch Parkway; and WHEREAS, the Village and Pace, pursuant to said Intergovernmental Agreement entered into a Maintenance Agreement on April 16, 1990 with respect to the Park and Ride facility; and WHEREAS, since the Village has now constructed a commuter rail station and related improvements and Metra service on the North Central Service line is now in operation it is necessary to replace the April 16, 1990 Maintenance Agreement; 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 attached Intergovernmental Agreement dated March 13, 1997 (attached hereto as Exhibit A) and the Parking Fee Reimbursement Agreement for Pace Park -N -Ride Facility and Village of Buffalo Grove Commuter Rail Station Facility dated March 13, 1997 (attached hereto as Exhibit B) are acknowledged and approved as reflecting the current agreements between the two agencies concerning the operation and maintenance of the Pace facility in Buffalo Grove. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAPES: 0 - None ABSENT: 0 - None PASSED: April 28, 1997 APPROVED: April 28, 1997 ATTEST: APPROVED: Village lerk g Village President 3/14/97 0 0 EXHIBIT A INTERGOVERNMENTAL AGREEMENT (PACE PARK -N -RIDE FACILITYI BUFFALO GROVE, ILLINOIS THIS AGREEMENT made as of this 28th day of April , 1997, by and between the PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, (hereinafter referred to by the operating name "Pace "), and the VILLAGE OF BUFFALO GROVE (the "Village "). WITNESSETH: WHEREAS, the Village and Pace have heretofore entered into an Intergovernmental Agreement dated June 8, 1989 concerning Pace's Park -N -Ride facility located in the Corporate Grove Subdivision in the Village; and WHEREAS, pursuant to the terms of said Intergovernmental Agreement the Village and Pace entered into a Maintenance Agreement on April 16, 1990, with respect to the maintenance of a bus turnaround and park -n -ride facility on part of Lot 49 in Covington Corporate Center in Buffalo Grove, Illinois; and WHEREAS, the Village has had constructed a Commuter Rail Station, parking facilities and other related improvements on adjacent property; and WHEREAS, Metra's North Central Service Line service is now in operation and therefore the April 16, 1990 Maintenance Agreement needs to be superseded. NOW, THEREFORE, the parties hereto do mutually agree as follows: Attached hereto and made a part hereof as Exhibit "A" is a depiction of: (a) the Pace Park -N -Ride Facility located on a part of Lot 49 in Covington Corporate Center in the Village (hereinafter sometimes referred to as the "Premises "); and (b) the Village improvements adjacent to the Premises (hereinafter sometimes referred to as "Village Improvements "). 2. 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'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, curbing, and collection of parking fees. The Village shall pay for all utility expenses. The Village shall maintain the drivers' washroom facility including necessary janitorial services. 3. 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. 4. The Village agrees to indemnify and hold harmless Pace and the Regional Transportation Authority (RTA) 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 failure to maintain, or presence on the Premises by the Village, or arising by or through the rights granted under paragraph 10 of this Agreement relating to the installation or maintenance of the bicycle locker. 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. 2 Village staff shall participate in biannual inspections conducted by Pace of the Premises. The Village agrees to correct any noted deficiencies which are the 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. 6. 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 -n -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. All services required in this Section shall be performed at no cost to Pace. The Village will not restrict parking in the Pace Lot. 7. A parking fee structure may be established by Pace in consultation with the Village. Pace agrees to reimburse the Village for costs incurred in maintaining the Premises, provided, however, said reimbursement shall be limited to the actual cost of maintenance incurred by the Village, or fifty (50 %) percent of the parking fees collected for Pace by the Village for such parking, whichever is less. 8. The term of this agreement shall be twenty (20) years from the date of this Agreement. 9. The Village shall not in any way restrict use of the Premises as a bus turnaround and bus passenger park and ride facility. 10. Pace hereby further grants the Village a license, revocable at any time by Pace on not less than thirty (30) days prior written notice, to install and maintain the bicycle locker on the Premises as depicted on Exhibit "A" hereto. 11. This Agreement replaces in full and supersedes the Maintenance Agreement dated April 16, 1990 between the parties hereto. 12. Pursuant to the authority hereby granted, the Village and Pace may enter into a parking fee reimbursement agreement for the Pace Park -N -Ride facility and the Village Commuter Rail Station facility. • • IN WITNESS WHEREOF, the parties have caused this Intergovernmental Agreement to be made effective and executed, as of the date first set forth above, by their duly authorized officials. ATTEST: JANET SIRABIAN Village Clerk ATTEST: VILLAGE OF BUFFALO GRO M ►NEY H. MATHIAS Village President PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, M �XHIBIT B 3/14/97 Parking Fee Reimbursement Agreement for Pace Park -N -Ride Facility and Village of Buffalo Grove Commuter Rail Station Facility THIS AGREEMENT made as of this 28tiday of April , 1997, by and between the PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, (hereinafter referred to by the operating name "Pace "), and the VILLAGE OF BUFFALO GROVE (the "Village "). WITNESSETH: WHEREAS, the Village and Pace have heretofore entered into an Intergovernmental Agreement dated the same date as this Agreement concerning Pace's Park -N -Ride facility located in the Corporate Grove Subdivision in the Village; and WHEREAS, Paragraph 12 of said Intergovernmental Agreement provided that Pace and the Village could enter into a Parking Fee reimbursement agreement. NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. Current parking stalls: Number of Stalls Stall Users 95 Pace lot (including four handicapped stalls) 3 Taxi (non- revenue) 11 Village 15- minute parking /pickup area (non- revenue) 342 Village stalls (including 5 handicapped stalls) 451 Total number of Pace and Village parking stalls 2. The "Pace Lot" consists of 95 parking stalls. The "Village Lot" consists of 356 parking stalls which comprise 342 revenue producing stalls and 14 non - revenue producing stalls. 3. Pace has one parking fee collection box located on its premises for daily parkers. The Village has two parking fee collection boxes located on its premises for daily parkers. The Village shall be responsible for collecting once a day the daily fees from all parking fee collection boxes. The Village shall collect from all parking fee collection boxes on Monday through Friday excluding Illinois statutory holidays. The Village shall use the Daily Tally Sheet, attached hereto as Exhibit "A ", to record: (a) monetary collections from parking fee collection boxes; (b) Pace Permit parkers; (c) Village Permit Parkers; and (d) unpaid parkers. From the Daily Tally Sheets the Village shall prepare a monthly "Pace/Metra Commuter Station Parking Lot Use Analysis" Report, an example of which is attached hereto as Exhibit `B "." 4. Pace may issue monthly parking permits for its Lot ( "Pace Permit "). Pace will receive no revenue from its Pace Permits. The Village will allow Pace Permit parkers to use the Village Lot. The Village will keep track of the Pace Permit parkers on both lots. 5. The Pace Formula for use of the Village Lot by Pace Permit parkers shall be the frequency of Pace Permit parkers (per Daily Tally Sheet) multiplied by $1.50. 6. The Village will issue Village convenience parking permits ( "Village Permit ") at a current cost of $60.00 for a bi- monthly permit. Pace will allow Village Permit parkers to use the Pace Lot. The Village will keep track of Village Permit parkers on both lots. 7. The Village Formula for use of the Pace Lot by Village Permit parkers shall be as follows: (a) From the daily tally sheets, the total frequency of Pace lot users with a convenience pass will be counted; (b) The daily totals will be tallied for a monthly total. This sum is the total frequency for the accounting period and the total number of work days will be validated for the period under review; (c) The total frequency will be divided by the number of work days; and then (d) That value will be multiplied by $30.00 to equal Pace's share of permit revenue for the month. 2 LJ Formula Number of — Number of = Utilization Village Permit Users Work Days Factor in PACE Lot Example of Formula: October 1996 Number of — Number of = Utilization Village Permit Users Work Days Factor in PACE Lot 750 — 22 = 34.09 8. The Village shall quarterly basis: First Quarter - Second Quarter - Third Quarter - Fourth Quarter - • X $30.00 = $ for Pace X $30.00 = $ for Pace X $30.00 = $ 1,022 render an accounting to Pace for both parking lot revenues on a May, June, July August, September, October November, December, January February, March, April 9. Pursuant to the Intergovernmental Agreement dated the same date hereof, Pace has agreed to reimburse the Village for costs incurred in maintaining the Pace Lot, provided, however, said reimbursement shall be limited to the actual cost of maintenance incurred by the Village, or fifty percent (50 %) of the Pace parking lot fees collected, whichever is less. 10. The Village quarterly accounting to Pace shall be in the format as set forth in Exhibit "C" hereto. 11. The Village shall forward to Pace its Quarterly Report; the Village's monthly "Pace/Metra Commuter Station Parking Lot Use Analysis" reports for the months represented in each quarter; and Quarterly Documentation of Maintenance Costs and any monies due Pace not later than the 15th day following the end of each Quarter. 3 12. Upon request from Pace, the Village will forward Pace a copy of the Village's Daily Tally Sheets. 13. The term of this Agreement shall be twenty (20) years from its date. IN WITNESS WHEREOF, the parties have caused this Parking Fee Reimbursement Agreement to be made effective and executed, as of the date first set forth above, by their duly authorized officials. ATTEST: �t I � • � M 'I A Village Clerk ATTEST: 0 Village President PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, :. • �00���0��0 ©�i�00��0 0 • F0. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O w CL 0 w U J � �pp�pppp N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 to a Z N N Nj O a } M N N M V N O 111 F- a Z o z ce w a ww88888888888$888888888888 w Q LL N O tG et 9 O 9 O O O O O O O O O O O O O O O 'V' +f n N J_ w Q D ° O J O N N N N N N N O w LLJ U LL a a J w cn w Y U � a a Cl) w w Q a a w U Zw w °nron�n ` 88888 j g s o 00 Z J Up N M tp Z M 4 ch ch ch c m J M Q, N w w Z > M ix uj ca co co co a a a CO) a Ow 88''�ctpi'°p��ji`3� `$ 8�eupt8 uni w° N CD O A (� Z J d M N C7 N fN7 (�7 N N .- N 4 a a a o w °88_8888888888888888888888 F- uJ O N M w } W 0 d U J N N M fO W y w ° w a O n co p 0 a 0 i_ ti Q Z O m Q U V W U d o w 4a. 01-§ � w U' 11J °aZag° ww nnnnnnnnnnnF - rl- QnfnnnQnfn O a f� �_ 03 O�f Of '�aVF 0�V3 F- n- wa J° :3 J Z Q Z ° 0 J 0 PACE BUFFALO GROVE PARK AND RIDE LOT QUARTERLY REIMBURSEMENT WORKSHEET Quarter: Year: (a) Parking fees collected from Pace Lot plus (b) Revenue due Pace for Village Permit Parkers Using Pace Lot (Pursuant to Village Formula, per Paragraph 7 of the Reimbursement Agreement) (c) Sub -Total Sub -Total minus (d) Revenue due Village for Pace Permit Parkers Using Village Lot (Pursuant to Pace Formula, per Paragraph 5 of the Reimbursement Agreement) EXHIBIT C (e) Sub -Total Sub -Total $ minus the lessor of (f) (1) or (f) (2) - (f) (1) 50% of item (e) or (2) Village's Actual Cost of Maintenance of Pace Lot (As supported by attached documentation) (g) Amount Due Pace from Village for this Quarter Total $ Village of Buffalo Grove: Finance Director Capital Planning and Construction Department Pace Suburban Bus 550 West Algonquin Road Arlington Heights, Illinois 60005 -4412 Mail to Date For Pace Office Use Only Approved: Date Pace Account Number: 02000 -0- 40798 -10 I ro a ro m x s4 cd a U wa H J-) �� r. 44 >>1 H q1 •.-I Wl4H cm H -1 •rl W H W p t p Vol I' � o A a Z O a �vi z z F Vl r 0 �\ di %© .�« INA A �i i