HomeMy WebLinkAboutRes 30-18 09/04/2018 Authorizing the Excecution of an Agreement with Randhurst ImprovementsRESOLUTION NO. 30-18
A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT
BETWEEN RANDHURST IMPROVEMENTS, LLC
AND THE VILLAGE OF MOUNT PROSPECT
WHEREAS, Randhurst is the owner of the shopping center property known as Randhurst
Village located at 999 North Elmhurst Road, Mount Prospect, Cook County Illinois; and
WHEREAS, the Village is an Illinois home rule municipal corporation and has full force and
effect of Village Code provisions that require the installation of streetlights on public rights
of way adjacent to the Randhurst Village; and
WHEREAS, in compliance with the Village Code provisions, Randhurst Improvments, LLC
is prepared to install up to seventy-two (72) streetlights across the frontages of Randhurst
Village; and
WHEREAS, the Illinois Department of Transportation has a policy that requires Randhurst
Improvements, LLC to install additional streetlights through the intersections of all streets
adjacent to Randhurst Village; and
WHERAS, the IDOT policy meant that the additional streetlights must be installed at the
Rand Road, Elmhurst Road and Kensington Road intersections; and
WHEREAS, the Village believes it is in the best interests of public safety and well-being to
have additional streetlights installed at the Rand Road, Elmhurst Road and Kensington
Road intersections; and
WHEREAS, the Village is willing to reimburse Randhurst Improvements, LLC for the cost
to design, purchase and install the additional streetlights.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS PURSUANT TO
ARTICLE VII SECTION 10 OF THE 1970 CONSTITUTION OF THE STATE OF ILLINOIS
AND THE INTERGOVERNMENTAL COOPERATION ACT, 5 ILCS 220/1 ET.SEQ:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby
authorize and direct the Mayor to execute and the Village Clerk to attest the signature on
the Agreement between Randhurst Improvements, LLC and the Village of Mount Prospect,
a copy of which is attached hereto and hereby made a part hereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 4th day of September, 2018.
Arlene A. Juracek
Mayor
ATTEST:
MK
areP, "gors
Village Clerk
AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND
RANDHURST IMPROVEMENTS, LLC FOR THE INSTALLATION OF
STREETLIGHTS AT THE RAND ROAD, ELMHURST ROAD AND KENSINGTON
ROAD INTERSECTIONS
THIS AGREEMENT (this "Agreement") is made and entered into this �,L day of
2018 by and between the VILLAGE OF MOUNT PROSPECT, an Illinois
municipal corporation ("Village") and Randhurst Improvements, LLC, a Delaware limited
liability company ("Randhurst") (collectively, the "Parties").
WITNESSETH:
WHEREAS, Randhurst is the owner of that certain shopping center property known as
Randhurst Village and located at 999 North Elmhurst Road, Mount Prospect, Cook County,
Illinois; and
WHEREAS, the Village is an Illinois home rule municipal corporation and has in full
force and effect Village Code provisions that require the installation of streetlights on public
rights of way adjacent to the Randhurst Village; and
WHEREAS, in compliance with the Village Code provisions, Randhurst is prepared to
install up to seventy-two (72) streetlights across the frontages of Randhurst Village; and
WHEREAS, the frontage streetlights will be installed adjacent to Rand Road, a public
roadway under Cook County jurisdiction and Elmhurst Road and Kensington Road, public
roadways under State of Illinois jurisdiction; and
WHEREAS, the Illinois Department of Transportation ("IDOT") has a policy that
requires Randhurst to install additional streetlights (the "Additional Streetlights") through the
intersections of all streets adjacent to Randhurst Village; and
WHEREAS, the IDOT policy means that the Additional Streetlights must be installed at
the Rand Road, Elmhurst Road and Kensington Road intersections; and
WHEREAS, it is estimated that Randhurst must install twelve (12) Additional
Streetlights at the Rand Road, Elmhurst Road and Kensington Road intersections in order to
comply with the IDOT policy;
WHEREAS, Additional Streetlights will cost an estimated $200,000 to design, purchase,
and install; and
WHEREAS, the Village believes it is in the best interests of public safety and well-being
to have the Additional Streetlights installed at the Rand Road, Elmhurst Road and Kensington
Road intersections; and
WHEREAS, the Village is willing to reimburse Randhurst for the cost to design,
purchase, and install the Additional Streetlights.
NOW, THEREFORE, in consideration of the promises and mutual covenants and
agreements herein contained, the Village and Randhurst agree as follows:
Section 1: The preambles set forth above are hereby incorporated and made a part of
this Agreement.
Section 2: Randhurst will cause to be prepared bid documents for the installation of
streetlights (including the Additional Streetlights) along the Randhurst Village frontages and at
the Rand Road, Elmhurst Road and Kensington Road intersections.
Section 3: Randhurst agrees that as a condition to the Village's obligation to
reimburse Randhurst for the cost to design, purchase the materials and install the Additional
Streetlights (the "Cost of Additional Streetlights") as set forth below, Randhurst shall obtain the
Village's prior written approval of the bidder to whom Randhurst intends to award the work
related to the installation of the Additional Streetlights, such approval not to be unreasonably
withheld, conditioned, or delayed. Randhurst's request for the Village's approval of such bidder
shall be accompanied by a copy of the bid submission from such bidder, which shall reasonably
detail the cost of the materials and installation of the Additional Streetlights. In the event the
Village fails to respond to Randhurst's request for approval of such bidder within fifteen (15)
days following the Village's receipt of such request, the Village's approval shall be deemed
given.
Section 4: Randhurst has submitted and received approval from the Village for the
design and installation of streetlights along the Randhurst Village frontages and at the Rand
Road, Elmhurst Road and Kensington Road intersections in connection with the Village's
issuance to Randhurst of necessary Village permit(s) for the project.
Section S: The Village and Randhurst will work together in good faith to establish a
total cost for the design and installation of the Additional Streetlights based upon the bid
submission from the successful bidder, which total cost shall be agreed upon in writing by the
Parties, and the Parties agree that the Village will not be liable to reimburse Randhurst more than
the agreed upon amount, unless the Parties, working together in good faith, agree in writing that
expenses above the established total cost are warranted.
Section 6: The Village shall not be required to reimburse Randhurst for additional
expenses Randhurst incurs with respect to the installation of the Additional Streetlights solely as
a result of Randhurst's negligence in completing the work.
Section 7: The Village shall reimburse Randhurst for the cost of design, purchase,
and installation of the Additional Streetlights within thirty (30) days following the later of (i) the
date on which Randhurst submits to the Village an invoice therefor accompanied by an
engineer's certification that the Additional Streetlight work is complete, or (ii) the date on which
the Village has inspected and approved the Additional Streetlight work; provided, however, the
2
Village shall inspect such completed work within five (5) business days following Randhurst's
notice to the Village that such work has been completed, and within five (5) business days
thereafter, shall issue to Randhurst either an approval or notice of deficiencies. In the event the
Village fails to issue either an approval or notice of deficiencies within such five (5) business day
period, the Village's approval of the Additional Streetlight work shall be deemed given.
Section 8: The Village shall reimburse Randhurst for the design and construction
engineering costs associated with the Additional Streetlights, The Village and Randhurst agree
that the Village's share of costs for design and construction engineering for the Additional
Streetlights shall not exceed 10% of the Cost of Additional Streetlights.
Section 9: Upon the execution of this Agreement, the plans for the installation of all
of the streetlights along the Randhurst Village frontages and at the Rand Road, Elmhurst Road
and Kensington Road intersections shall be finalized and submitted to IDOT and Cook County
for the issuance of all necessary permits.
Section 10: Randhurst will pay the costs for the permits from IDOT and Cook County
which are required for the installation of all the streetlights.
Section 11: The promises and covenants set forth in this Agreement are contingent
upon IDOT and Cook County approving and issuing the necessary permits for the installation of
the streetlights along the Randhurst Village frontages and at the Rand Road, Elmhurst Road and
Kensington Road intersections.
Section 12: The parties understand and agree that if this Agreement is challenged by
legal action, Randhurst will assume the defense of such litigation and pay for all costs and
expenses, including witness fees and attorneys' fees and expenses in such litigation, and
Randhurst shall indemnify and hold harmless the Village for any judgment or settlement, and all
other costs and expenses of any kind whatsoever charged against or incurred by the Village in
any way directly or indirectly related to any claim, cause of action or lawsuit so brought.
wSection 1:3: Randhurst shall defend, indemnify and hold harmless the Village, and its
elected and non -elected officials, administrators, employees, agents, representatives and
attorneys from all and any liability, losses, costs, damage or expense, or injury to person or
property, including reasonable attorneys' fees, arising out of the execution of this Agreement,
with the exception of any liability, losses, costs, damage or expense, or injury to person or
property arising out of or resulting from the sole action, negligence, malfeasance, or misfeasance
of the Village, or its elected and non -elected officials, administrators, employees, agents,
representatives and attorneys in the performance or non-performance of any act pursuant to this
Agreement.
The Village shall defend, indemnify and hold harmless Randhurst, and its officers, agents
and employees, from all and any liability, losses, costs, damage or expense, or injury to person or
property, including reasonable attorneys' fees, arising out of the execution of this Agreement,
with the exception of any liability, losses, costs, damage or expense, or injury to person or
property arising out of or resulting from the sole action, negligence, malfeasance, or misfeasance
of Randhurst, and its officers, agents and employees.
Section 14. Prior to the commencement of the Additional Streetlight work, Randhurst
shall furnish to the Village a Performance Bond of the contract sum securing the full and faithful
performance of the Additional Streetlight work and the payment for all labor and material
furnished with respect to the Additional Streetlight work. Following completion of the
Additional Streetlight work and the release of the Performance Bond, Randhurst also shall
furnish to the Village a maintenance bond, which shall remain in effect for a two year period
following completion of the Additional Streetlight work, to ensure that Randhurst shall promptly
and satisfactorily correct all defects and deficiencies with respect to the Additional Streetlights to
the satisfaction of the Village. The bonds referenced in this Section 14 shall be in a form
provided by the Village or otherwise acceptable to the Village. Said bonds shall be written by a
surety authorized to do surety business in Illinois and reasonably acceptable to the Village. The
cost of such bonds shall be paid by the Randhurst or its contractor.
Section 15. Randhurst shall provide to the Village's Finance Department a deposit of
$50,000 for nuisance abatement, which amount shall be held in escrow by the Village. At such
time as the Village inspects and approves the Additional Streetlight work, the Village shall
release the $50,000, or the remaining amount of the nuisance abatement deposit, to Randhurst.
IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands and seals,
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Randhurst Improvement, LLC
By:
Daniel Taub, Vice President
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Attested:
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Village of Mount Prospect,
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