HomeMy WebLinkAboutRes 13-22 03/15/2022 Authoriaing the mayor to sign an intergovernmental agreement with the Illinois Department of Transportation (IDOT) the facilitates procurement of Right-of-Way necessary for the construction of the Rand/Central/ Mount Prospect IntersecRESOLUTION NO. 13-22
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AN INTERGOVERNMENTAL AGREEMENT
WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT) THAT FACILITATES PROCUREMENT
OF RIGHT-OF-WAY NECESSARY FOR THE CONSTRUCTION OF THE
RAND CENTRAL_/MOUNT PROSPECT ROAD INTERSECTION
WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes units of local
government to contract or otherwise associate among themselves in any manner not prohibited by law
or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorizes and
encourages intergovernmental cooperation; and
WHEREAS, the Village seeks to acquire the property for rights-of-way needed for the construction of
proposed improvements to the Rand Road/Central Road/Mount Prospect Road intersection (the
"Project"); and
WHEREAS, on August 17, 2021, the Village Board of Trustees approved a Local Public Agency Agreement
with IDOT to acquire rights-of-way on State-owned roads on behalf of the State of Illinois; and
WHEREAS, the Village has been awarded up to $720,000 in federal Congestion Mitigation/Air Quality grant
funds to acquire property for the Project; and
WHEREAS, the Village and IDOT agree the interests of the Parties will be best served if the Project
maintains a schedule for a Spring 2022 bid letting and a Summer 2022 Project construction start; and
WHEREAS, to facilitate the desired Project schedule, the Parties agree that the Village shall acquire
properties for needed rights-of-way in its own name and subsequently transfer the properties to the State
of Illinois within ninety (90) days after the acquisitions satisfy all applicable statutory provisions as well as
State of Illinois policies and procedures.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the
Mayor to sign an Intergovernmental Agreement with the Illinois Department of Transportation that
facilitates procurement of right-of-way necessary for the construction of the Rand/Central/Mount
Prospect Road Intersection, attached hereto as Exhibit A and made a part of this Resolution.
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.
Res MOT Rand/Central/MtProspect Rd
AYES: Filippone, Gens, Matuszak, Pissarreck, Rogers, Saccotelli
NAYS: None
ABSENT: None
PASSED and APPROVED this 15th day of March, 2022.
ATTEST:
Karen M. Agoranos
Village Clerk
mayul
INTERGOVERNMENTAL AGREEMENT
This Intergovernmental Agreement (the "Agreement") is made and entered into by and
between the Illinois Department of Transportation on behalf of the State of Illinois ("IDOT") and
the Village of Mount Prospect, an Illinois municipal corporation ("Tillage") (collectively "Parties").
RECITALS
WHEREAS, the 1970 Constitution of the State of Illinois, Article VII, Section 10, authorizes
units of local government to contract or otherwise associate among themselves in any manner not
prohibited by law or ordinance; and
WHEREAS, the provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,
authorizes and encourages intergovernmental cooperation; and
WHEREAS, IDOT and the Village are units of government within the meaning of the 1970
Constitution of the State of Illinois, Article VII, Section 10, having the power and authority to enter
into an intergovernmental agreement; and
WHEREAS, the Village seeks to acquire the property for rights-of-way needed for the
construction of proposed improvements to the Rand Road/Central Road/Mount Prospect Road
intersection (the "Project"); and
WHEREAS, on August 17, 2021, the Village Board of Trustees approved a Local Public
Agency Agreement with IDOT to acquire rights-of-way on State-owned roads on behalf of the State
of Illinois; and
WHEREAS, the Village has been awarded up to $720,000 in federal Congestion
Mitigation/Air Quality grant funds to acquire property for the Project; and
WHEREAS, the Village and IDOT agree the interests of the Parties will be best served if
the Project maintains a schedule for a Spring 2022 bid letting and a Summer 2022 Project construction
start; and
WHEREAS, to facilitate the desired Project schedule, the Parties agree that the Village shall
acquire properties for needed rights-of-way in its own name and subsequently transfer the properties
to the State of Illinois within ninety (90) days after the acquisitions satisfy all applicable statutory
provisions as well as State of Illinois policies and procedures.
NOW, THEREFORE, in consideration of the promises, covenants, terms and conditions
set forth in this Agreement, the Parties hereto agree as follows:
Section 1. Int 1 t _qf RggiLa«. The above recitals are incorporated into this
Agreement as if fully set forth herein.
Section 2. i ti tan,i 1?tp ggt The Village seeks to acquire the property for rights-
of-way needed for the construction of proposed improvements to the Rand Road/Central
Road/Mount Prospect Road intersection
Section 3.
-Parties.
. ........... —
The VILLAGE has or will fulfill the following responsibilities:
• Prepare and provide Plats of Highways, Appraisals, Specialty Reports and
Review Appraisals using IDOT approved Consultants;
• Obtain IDOT's approval for Plats, Appraisals, Specialty Reports and Review
Appraisals prior to the start of negotiations for the acquisition of any ROW
parcels for the Project;
• Negotiate property acquisitions required for Project parcels, using negotiators
from IDOT's approved list of negotiators.
• Submit negotiator files to IDOT for review and certification;
• Incur and pay all costs of Land Acquisition including, but not limited to, title
work, plat preparation, appraisals, specialty reports, negotiations, land acquisition
consultants' fees, attorneys' fees, court costs, all litigation costs, settlement costs,
land value costs and all relocation costs.
• Follow IDOT's land acquisition process as established in IDOT's "Land
Acquisition Policies and Procedures Manual" implementing the Uniform Act, (49
CFR 24), State statutes and Federal and Illinois case law in carrying out its
responsibilities as described above.
• The Village shall acquire the property for the rights-of-way necessary for the
Project in its own name using the federal grant funds it has been awarded.
• The Village shall transfer to the State of Illinois by warranty deed the property it
acquired for the Project that is adjacent to State of Illinois right-of-way and
denoted in Attachment A. Such transfer shall occur within 90 days of
certification that the property acquisitions satisfy Title II and Title III of the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970 and applicable State of Illinois policies and procedures.
IDOT will:
• Certify the project.
• Accept tide to the properties donated by the Village.
Section 4. MISCEI,L&NEO
a) Time is of the essence of this Agreement.
b) Written J)em " a ' t " i - (is: All notices, demands, and requests required or permitted under
this Agreement shall be in writing.
c) Notices: All notices, demands, and requests required or permitted hereunder shall be
deemed to have been properly made on the day of service, if served personally, and
on the second day following mailing, if sent by United States certified mail, postage
prepaid, return receipt requested, addressed as follows:
If to the VILLAGE: VILLAGE of Mount Prospect
1700 West Central Road
Mount Prospect, Illinois 60056
Attn: [`iliq4y Manager
Fax: 847-392-6022
Email: vmoC0),moun1ProjPed.orX
If to IDOT: STATE OF ILLINOIS, DEPARTMENT
OF TRANSPORTATION
201 Center Court
Schaumburg, Illinois 60196-1096
Attn: Bureau Chief, District 1
Land Acquisitions
Fax No.: (847) 705-4218
Email: Omolarajohnson@lUinols.gov
With a copy to: Illinois Department of Transportation
69 W. Randolph Street -Suite 2100
Chicago, IL 60602
Attn: Richard A. Kabaker, Esq.
Deputy Chief Counsel
Fax: 312-793-3933
Email: Rick.Kabaker@Ilhnois.gov
d) ( 11tion.s: The captions used herein have been utilized for convenience only and are
not intended to modify or limit in any way the provisions hereof.
e) !!riot \'fir 1ue.Li.Ls: This Agreement shall supersede any and all prior agreements or
letters of intent, whether written or oral, among the Parties hereto with regard to the
subject matter of this agreement and may only be amended hereafter by a written
instrument executed by each of the Parties or their authorized agents.
Lgk1LqsrpaLts: This Agreement may be executed in separate counterparts, each of
which shall be deemed to be an original and constitute one and the same agreement;
executed copies of this Agreement received by any party hereto by facsimile
transmission shall bind the party so submitting the same until the original executed
copy is received by the recipients, whereupon the same shall be replaced by the
original executed copy unless the same differs from that received by facsimile
transmission.
g)A_fi11iSSt1:i1(J12,aLiW,,�: Ministerial changes to this Agreement, which do not amend or
modify the substance of the transactions contemplated herein, may be approved by
authorized representatives of the Parties hereto. Said changes shall be fully binding
upon and enforceable against the principals for whom said representatives so acted,
h) 1rtial-llnva[Ldity: If any provision of this Agreement is deemed to be invalid, it shall
not affect the remaining provisions of this Agreement, unless removal of such
provision would materially disrupt the purpose or execution of this Agreement.
i) S4? ro—st�r and &A igtjt: The terms and conditions herein contained shall inure to the
benefit of and shall be binding upon the Parties and their respective successors
and/or assigns, as the case may be. Notwithstanding anything to the contrary herein
contained, it is understood and agreed by and among the Parties hereto that this
Agreement shall not be assignable by any signatory hereto without the prior written
consent of the other and any such assignment, without such prior written consent,
shall be null and void and of no force and effect.
Section 5. PAYMENTS. All costs of the Project including, without limitation, appraisals,
engineering, negotiations, acquisition costs, and legal fees, if any, shall be borne solely by the
VILLAGE. To the extent that any costs related to the property acquisition are paid by IDOT, the
VILLAGE shall promptly reimburse such costs within 30 days after being invoiced by IDOT.
Section G. RE� E1,tEjEN_T, The parties represent and warrant to each other that,
T45_
to the best knowledge and information of each of them, (a) the matters represented in this Agreement
are true and correct and (b) the person(s) executing this Agreement on behalf of each party is duly
authorized to do so. Execution by VILLAGE has been authorized pursuant to a duly adopted Board
Resolution dated I a copy of which is attached hereto as Exhibit A.
IN WITNESS WHEREOF, the Illinois Department of Transportation and the Village of
Mount Prospect have caused this Agreement to be executed by their respective officials on the dates
indicated.
VILLAGE OF MOUNT PROSPECT
This I � day of - M (A"( -h , 2022
ATTEST:
Karen Ago nos�a
Mount Prospect Village Clerk
ILLINOIS DEPARTMENT
TRANSPORTATION
Jose Rios
Region One Engineer
This — day of ........... ---, 2022
AT
OF