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HomeMy Public PortalAboutResolution 1793RESOLUTION NO. 1793 A RESOLUTION AUTHORIZING A SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT DATED AS OF MAY 5, 2020 BETWEEN THE VILLAGE OF PLAINFIELD AND PACE, THE SUBURBAN BUS DIVISION OF THE REGIONAL TRANSPORTATION AUTHORITY, AN ILLINOIS MUNICIPAL CORPORATION WHEREAS, the Village of Plainfield ("Village") and Pace, the Suburban Bus Division of the Regional Transportation Authority, an Illinois Municipal Corporation ("Pace") have heretofore entered into an intergovernmental agreement dated as of May 5, 2020 and a prior amendment thereto dated as of August 6, 2020 (collectively, the "IGA"); and WHEREAS, pursuant to and in furtherance of the IGA, the Village has entered into a Design Build Agreement and amendment thereto (collectively, the "DBA") with Northern Builders, Inc. ("Northern") for the construction of a Pace Bus Maintenance Facility; and WHEREAS, subsequent to the execution of the DBA, Village, Northern and Pace proposed certain revisions to the IGA, as set forth in the proposed Second Amendment to the IGA ("Second Amendment") attached hereto and incorporated herein by reference as Exhibit A. BE IT RESOLVED BY THE PRESIDENT AND BOARD TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL AND KENDALL COUNTIES, ILLINOIS, AS FOLLOWS: Section 1: That the Corporate Authorities of the Village of Plainfield hereby authorize the execution of an amendment to the IGA, in substantially the form attached hereto and incorporated herein by reference as Exhibit A. Section 2: This Resolution shall be in full force and effect from and after its passage and approval. PASSED THIS 7T" DAY OF DECEMBER, 2020. AYES: Benton, Bonuchi, Calkins, Kalkanis, Larson, Wojowski NAYS: None ABSENT: None APPROVED THIS 7T" DAY OF DECEMBER, 2020. VI AGE PRESIDENT VILLAGE CLERK THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Pace, the Suburban Bus Division of the Regional Transportation Authority 550 West Algonquin Road Arlington Heights, Illinois 60005 Attn: Legal Department SECOND AMENDED INTERGOVERNMENTAL AGREEMENT This Second Amended Intergovernmental Agreement ("Second Amendment") is entered into by and between Pace, the Suburban Bus Division of the Regional Transportation Authority, an Illinois Municipal Corporation ("Pace" or "Licensee"), and the Village of Plainfield ("Village" or "Licensor"). Pace and Plainfield are individually referred to herein as a "Party" and collectively referred to herein as the "Parties." RECITALS WHEREAS, on May 5, 2020, the Parties entered into an Intergovernmental Agreement ("Agreement") regarding the construction and development of a bus maintenance and storage facility; and WHEREAS, Section XII. C. of the Agreement provides that no changes, amendments, or modifications to the Agreement shall be valid unless in writing and signed by the duly authorized signatory of each Party; and WHEREAS, on August 6, 2020, the Parties entered into a First Amended Intergovernmental Agreement amending Section III. I. of the Agreement; and WHEREAS, the Parties wish to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual covenants contained in this Second Amendment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. This Second Amendment shall be in effect beginning on the date in which it is signed by Pace. If a Party signs this Second Amendment but fails to date its signature, the date that the other Party receives the signing Party's signature on this Second Amendment shall be deemed to be the date that the signing Party signed this Second Amendment. 2. From and after the date that this Second Amendment shall be fully executed by the Parties, all references in this Agreement to the DBA shall mean and be understood to refer to the Design -Build Agreement as approved by the Village on April 20, 2020, as the same was subsequently amended by the execution of the Amendment to the Design -Build Agreement by 1