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HomeMy WebLinkAboutRes 30-20 05/19/2020 Authorizing the Mayor or Rep to execute first amendment to intergovernmental agreement for acquisition in propertyfor constructionRESOLUTION NO. 30-20 A RESOLUTION AUTHORIZING THE MAYOR OR REPRESENTATIVE TO EXECUTE A FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT FOR THE ACQUISITION OF INTEREST IN REAL PROPERTY FOR CONSTRUCTION OF LEVEE 37 AND SIGN A PLAT ACCEPTING A GRANT OF EASEMENT WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois, and the Illinois Compiled Statutes at 5 ILCS 220/1 et seq. authorize inter -governmental cooperation and agreement between municipal corporations; and WHEREAS, substantial portions of the City of Prospect Heights (City) and the Village of Mount Prospect (Village) are located along the Des Plaines River and within the Upper Des Plaines River watershed; and WHEREAS, the Village of Mount Prospect entered into an Intergovernmental Agreement with the City of Prospect Heights via Resolution No. 46-07, to construct Levee 37 to prevent flooding from the Des Plaines River in the City and the Village; and WHEREAS, the Levee 37 project includes construction of a supplemental pump station on land owned by the Forest Preserve District of Cook County and completion of this project requires rights to this additional property. SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the first amendment to an existing Intergovernmental Agreement that facilitates a grant of additional easement areas and a plat accepting a grant of easement attached hereto and made a part of this Resolution as Exhibit "A. SECTION TWO: That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Grossi, Hoefert, Hatzis, Rogers, Saccotelli, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 19th day of May, 2020 al� Arlene A. Jurace , Mayor ATTEST:. Karen M. Agoranos, Village Clerk FIRST AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT FOR THE ACQUISITION OF INTEREST IN REAL PROPERTY FOR THE CONSTRUCTION OF LEVEE 37 THIS FIRST AMENDMENT ("Amendment') to the Intergovernmental Cooperation Agreement for the Acquisition of Interest in Real Property for the Construction of Levee 37 ("IGCA") is dated this day of March, 2020 and is entered into between the 'Village of Mount Prospect (herein referred to as the "Village") and thy, City of Prospect Heights (herein referred to as the "City"); collectively referred to as the "Municipalities"), and the Forest Preserve District of Cook County (herein referred to as the "District'), all units of local government authorized to enter into Intergovernmental Cooperation Agreements. RECITALS WHEREAS, this Amendment is entered into pursuant to the intergovernmental cooperation provisions of� Article VII, Section 10 of the 1970 Illinois Constitution and the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seg. and Public Act 91-0424; and WHEREAS, the Municipalities, in cooperation with the Illinois Department of Natural Resources, the Illinois Department of Transportation, and the Army Corps of Engineers, have been engaged in a project, known as Levee 37, to alleviate flooding in Mount Prospect and Prospect Heights; and WHEREAS, in 2008 the Municipalities and the District entered into that certain Intergovernmental Cooperation Agreement ("IGCA") pertaining to the Levee 37 Project; and WHEREAS, the District has now agreed to execute an additional grant of permanent easement for the construction, operation, and maintenance of the Levee 37 Project, consisting of an additional 0.02 acres of land as shown on Exhibit "H", in order to further the goals of the Levee 37 Project; and WHEREAS, the Village shall pay to the District the sum of $2,376.00 as compensation for said grant of permanent easement; NOW THEREFORE, the Municipalities and the District agree as follows: 1. The recitals as set forth above are incorporated into the body of this Agreement as if fully set forth herein. 2. The IGCA is hereby amended as follows: the District agrees to execute an additional grant of permanent easement for the construction, operation, and maintenance of the Levee 37 Project, consisting of an additional 0.027 acres of land as shown on Exhibit "H." 3. The Village shall pay to the District the sum of $2,376.00 as compensation for said grant of permanent easement. All existing provisions of the IGCA remain unchanged and shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the day and year first written above. FOREST PRESERVE DISTRICT OF COOK COUNTY By Its: Date: Attest: VILLAGE OF MOUNT PROSPECT By Its AZO Attest: CITY OF PROSPECT HEIGHTS By..w...... Its: Date: Attest: 2