Title
Second Amendment to the Commuter Facility Construction, Operation, and Maintenance Agreement - Metra Orland Park 143rd Street Commuter Facility
History
The Village of Orland Park has three commuter train facilities that are serviced by Metra’s Southwest Service Line - 143rd Street, 153rd Street, and 179th Street. The Village and Metra have individual agreements for each facility as it relates to maintenance, operations, and parking.
With regard to the 143rd Street Commuter Facility, here is a summary of the salient elements of this agreement.
• Metra owns the station, decorative plaza, and a portion of the parking facility (within the Metra right-of-way just south of the Station and west of the train tracks parallel to Southwest Highway). The Village owns the remainder of the parking facility (generally located southeasterly of and adjacent to the Metra right-of-way and west of LaGrange Road). Exhibit D1-A of the First Amendment to Commuter Facility Construction, Operation and Maintenance Agreement depicts the division of the parking facility. The Village manages the station and maintains the property.
• Additionally, Pursuant to Section 2(b) of Exhibit D-1 Commuter Facility Construction, Operation and Maintenance Agreement, the Village may, upon the prior written consent of Metra, sublicense space for related commuter services, such as vending and concession operations, provided that such terms are acceptable to Metra.
• There is also a use restriction in Section 23 of the Commuter Facility Construction, Operation and Maintenance Agreement. None of the premises within twenty (20) feet of the centerline of any trackage can be used for parking. Any portion of the premises within twenty (20) feet from the nearest rail of any trackage shall be used only for the construction, maintenance, repair and renewal of platforms, and other railroad improvements located within the railroad right of way.
Furthermore, the First Amendment to the Agreement, Metra Agreement No. SW9515-1, makes many changes, among those changes is the requirement that the 143rd Street Orland Park Commuter Facility is to include not less than six hundred (600) commuter parking spaces.
Currently, according to pre-pandemic counts (May 2019) taken by Metra’s Strategic Planning and Performance Department, the 143rd Street Orland Park Commuter Facility has a total of 417 commuter parking spaces of which only 289 spaces were observed being used, 69% of capacity. Those figures were taken prior to the slow down caused by the COVID-19 pandemic, Metra ridership continues to recover however, ridership is not back to pre-pandemic levels.
Second Amendment to the 143rd Street Agreement
The Village and Metra have drafted the attached Second Amendment to the 143rd Street Agreement. The two main elements of the agreement include:
As part of the First Amendment, the Village agreed to construct the additional 187 commuter parking spaces (600 minus 417). The Second Amend stipulates that the Village will not be required to construct the additional spaces until such time as the commuter parking usage of the Parking Facility reaches 85% of capacity consistently on Tuesday through Thursday counts taken on “normal” (non-holiday) weeks or periods. Upon hitting that threshold, the Village and Metra agree to meet and plan the expansion of the Parking Facility for the convenience of commuters.
Additionally, the Second Amendment includes the following:
-Metra hereby consents to the Village’s request to use the Parking Facility for parking other than commuter parking for so long as Village adheres to the following rules and guidelines:
a. Non-commuter parkers will be allowed to use the Parking Facility only during “Off-Hours,” for this Agreement defined as, Monday through Friday after 3:00pm and all-day Saturday and Sunday, non-commuters are required to remove their vehicles from the Parking Facility prior to 6:00am Monday through Friday.
b. Metra commuter parkers will not be asked to move out of the lot.
c. Metra commuter parkers, otherwise legally parked, will not be ticketed or interfered with in any way.
d. Third-party groups may use the Parking Facility during Off Hours but will be required to enter a Right of Entry Agreement with Metra.
e. These rules and guidelines will remain in place for the duration of the Agreement so long as there is no interference with Metra’s commuters or Metra’s commuter service.
Financial Impact
None. The Village will continue its maintenance, operations, and parking responsibilities.
Recommended Action/Motion
I move to approve the Second Amendment to the Commuter Facility Construction, Operation, and Maintenance Agreement - Metra Orland Park 143rd Street Commuter Facility;
AND
Authorize the Village Manager to execute said agreement and all related contracts, subject to Village Attorney review.