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
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