HomeMy WebLinkAboutRes 11-25 04/02/2025 Authorizing The Mayor To Sign Amendment #4 To The Intergovernmental Agreement Between The Illinois Department Of Transportation, Illinois Department Of Natural Resources, City Of Prospect Heights, And Village Of Mount ProspectRESOLUTION NO. 11-25
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AMENDMENT #4 TO THE INTERGOVERNMENTAL
AGREEMENT BETWEEN THE ILLINOIS DEPARTMENT OF TRANSPORTATION (IDOT), ILLINOIS DEPARTMENT
OF NATURAL RESOURCES (IDNR), CITY OF PROSPECT HEIGHTS, AND VILLAGE OF MOUNT PROSPECT
FOR THE UPPER DES PLAINES RIVER FLOOD DAMANGE REDUCTION PROJECT ELEMENT, LEVEE 37
WHEREAS; the Village of Mount Prospect is a unit of local government authorized to exist under the terms of
the Illinois Compiled Statutes; and
WHEREAS; IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospect entered into an agreement
and subsequent amendment numbers one and two, and three effective September 16, 2008, and January 31,
2014, September 4, 2020 and November 12, 2024 respectively, covering the construction of the Levee 37
Project Element; and
WHEREAS, the Illinois General Assembly appropriated funds needed to complete the installation of the
Palatine Road Closure Structure Element to the IDNR under Public Act 103-0589 Article 143, Section 60 in
FY25 for expenditure by the Office of Water Resources for Flood Control and Water Development Projects; and
WHEREAS, the Army Corps of Engineers requested and the IDNR agreed to develop engineering plans and
special provisions, advertise and award, provide resident engineering services during construction, and
provide construction funding for the Palatine Road Closure Element; and
WHEREAS, IDNR and the City of Prospect Heights agreed to provide construction funding for the Palatine
Road Closure Element; and
WHEREAS, the term of the Agreement between IDNR, IDOT, Prospect Heights, and Mount Prospect must be
extended from June 30, 2025 to December 31, 2028 to facilitate construction of the Palatine Road Closure
Element;
NOW THEREFORE BE IT RESOLVED; By the President and Board of Trustees of the Village of Mount Prospect,
Cook County, Illinois
SECTION ONE: The Mayor is hereby authorized to execute Amendment Number Four to an Intergovernmental
Agreement between the IDOT, IDNR, City of Prospect Heights, and Village of Mount Prospectfor the Upper Des
Plaines River Flood Damage Reduction Project Element, Levee 37.
SECTION TWO: Amendment Number Four to an Intergovernmental Agreement between the IDOT, IDNR, City
of Prospect Heights, and Village of Mount Prospect for the Upper Des Plaines River Flood Damage Reduction
Project Element, Levee 37, Contract Number OWR-243, is attached to and made part of this Resolution.
SECTION THREE: This Resolution shall be in fullforce and effect from and after its passage.
AYES: Dante, Gens, Grossi, Matuszak, Saccotelh
NAYS: None
ABSENT: None
PASSED and APPROVED this 2nd day of April 2025.
ATTEST:
Karen M. Agoranos, Village Clerk
AMENDMENT NUMBER FOUR
to an
AGREEMENT
between the
STATE OF ILLINOIS/DEPAR.TMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
for the
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT, LEVEE 37
Contract Number OWR-243
THIS AMENDMENT NUMBER Four is made among the City of Prospect Heights,
hereinafter referred toasthe "CITY",the Village of Mount Prospect, hereinafter referred to as
the "VILLAGE", the State of ltlinois/Department of Natural Resources, hereinafter referred
to as "NATURAL RESOURCES" and the State of lllinols0epartrnent of Transportation,
hereinafter referred to as "TRANSPORTATION"; and
WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and
T'RANSPORTATIONentered 'into anagreement and subsequent amendmentnumbers one,
two, and three effective September 1 . 2008, January, 31 2014„ Septerrwrber 4, 2020, and
November 12, 2024, respectively" hereinafter collectively refer red to as the "AGREEMENT
copies ofuwhicl'aare attache dhereto as EXHIBIT A, EXHIBIT B, EXHIBIT C and EXHIBIT
D and 'incorporated herein by reference„ covering the construction of the. Levee 37 Project
Element, hereinafterreferred to as the "PROJECT"; and
WHEREAS, the Army Corps of Engineers "CORPS" has estimated the total cost of
construction of the PALATINE ROAD CLOSURE STRUCTURE to be approximately
$1,000,000; and,
WHEREAS, the CORPS has informed NATURAL RESOURCES, the CITY and the
VILLAGE, that the CORPS does not have access to Federal Funds for the design and
construction of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT; and,
WHEREAS„ the 111inois General Assembly appropriated the funds needed to complete
the installation of the PALATINE ROAD Ct.OSURE STRUCTURE ELEMENT to NATURAL
RESOURCES under Public Act. 103•0589 Article 143, Section 00 in FY25 for expenditure by
the Office of Water Resources for Flood Control and Water Development Projects„ and,.
WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to develop
engineering plans and special provisions„ advertise and award, provide resident engineering
services during construction„ and provide construction funding estimated at $500,000, for the
PALATINE ROAD CLOSURE ELEMENT„ and,
WHEREAS„ the CORPS requested and CITY agreed to provide construction funding
estimated at $500,000, for the PALATINE ROAD CLOSURE ELEMENT'; and,
WHEREAS, NATURAL RESOURCES has determined that the execution of this
AGREEMENT is subject to the signature requirements of the "State Finance Act," 30 ILCS
105/9.02; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necessitating this AMENDMENT NUMBER FOUR were not reasonably foreseeable at the time
the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER FOUR is
germane to the AGREEMENT, and 3) this AMENDMENT NUMBER FOUR is in the best interest
of NATURAL RESOURCES and the State of Illinois.
NOW THEREFORE, for and in consideration of these premises, the parties hereto
agree to the following modifications therein:
The existing second sentence of paragraph A.2 of the AGREEMENT shall be
changed to the following: "NATURAL RESOURCES' funding obligation under this
AGREEMENT will terminate upon the completion of the LEVEE 37 PROJECT
ELEMENT, when the NATURAL RESOURCES' and the CITY cost share is
expended, or December 31, 2028, whichever comes first."
All other covenants under terms of the AGREEMENT remain unchanged and in
full force and effect except and to the extent otherwise provided herein.
IN WITNESS WHEREOF, the parties hereto set their hands and seals the day and year
written, and represent that the signatories below are duly authorized to execute this
AMENDMENT NUMBER FOUR on behalf of their respective bodies, and that the effective
date of this amendment is the date approved and executed by the Director of NATURAL
RESOURCES.
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
RECOMMENDED:
Rick Pohlman, Acting Director
Office of Water Resources
Date:
APPROVED:
Renee Snow
General Counsel
Date:
APPROVED:
Natalie Phelps Finnie, Director
Department of Natural Resources
Date:
APPROVED:
Ellen King
Chief Fiscal Officer
Date:
ATTEST.:
R ren Agoranos, Clerk
" Date: /z
APPROVED:
Paul Wm. Hoet rt, nay, r
Village of Mou t Prosp t
Date: R-f,
6
APPROV D:
ATTEST:
"' �
B :2
APP
5° , °w
anna. Prsiajniou erk
Patr c dvi �en, Mayor
City of Prospect Heights
-ay- aGa� J0""""
Date-, 3-ay-
Date:
RECOMMENDED.
Lora Rensing
Director -Division of Highways
Chief Engineer
Date:
APPROVED AS TO FORM:
Michael Prater, Chief Counsel
Date:
APPROVED:
Gia Biagi, Acting Secretary
Date:
AMENDMENT NUMBER THREE
to an
AGREEMENT
between the
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOISIDEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
forthe
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT, LEVEE37
Contract Number OWR-243
THIS AMENDMENT NUMBER THREE Is made among the City of Prospect
Hedghls„ hereinafter referred to as the "CITY", the Village of htlount Prospect, hereinafter
referred to as the "VILLAGE", the 'State of filinoirdDepartrnent of Natural Resources,
hereinafter referred to as "NATURAL RESOURCES" and the ,State of
Illin,ols/Department of Transportation, hereinafter referred to as "TRANSPORTATION";
and
WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and
TRANSPOR TATI ONentered into anagreernent'and. subsequent arnendment ntimbers
one and two. effective September 16, 008, January, 31 014 and September 4,
2020, respectively, hereinafter coltectivetyreferred loas the"AG REEMEN'T,"copies
ofwhich are altachedheretoas EXHIBIT A, EXHIBIT S and EXHIBIT C and
incorporated herein by reference, covering the conatruct'on of the Levee 37 Project
Element, hereinafter referred to as the "PROJECT"; and
WHEREAS, a closure structure near Palatine Road, herein referred to as the
"PALATINE ROAD CLOSURE STRUCTURE ELEMENT, is required to adequately
provide food protection in association with the previously oonautrcted aspects of the
PROJECT and the parties Trish to amend the PROJECT to include saidPALATINE
ROAD CLOSURE STRUCTURE ELEMENT; and,
WHEREAS, additional rights -of -way belonging to TRANSPORTATION are
required for completion, of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT
and are identified on EXHIBIT D; project site access is identified on EXHIBITE, attached
hereto; and.
WHEREAS, the CITY has acquired, in the name of the CITY and without cost to
NATURAL RESOURCES. TRANSPORTATION orb°„LLAGE, a permanent easement to
fadGlate the construction, operation and maintenance of the PROJECT from
TRANSPORTATION; and,
WHEREAS, the CORPS has estimated the total cost of construction of the
PALATINE ROAD CLOSURE STRUCTURE to be approximately $500.000; and,
WHEREAS, the Illinois General Assembly appropriated the funds needed to
complete the installation of the PALATINE ROAD CLOSURE STRUCTURE ELEMENT
to NATURAL RESOURCES under Public Mt.102-0017 Article 141. Section 70 In FY22
for expenditure by the Llf cO of Water Resources for Flood Control and Water
oevelopment Projects' and.
WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to
develop engineering plans and special, provls. advertise and award, provide resident
engineering services during constructim and provide construction funding estimated at
s5w,ow. for the PALATINE ROAD CLOSURE ELEMENT; and,
WHEREAS, NATURAL RESOURCES has determined that the exeerrolion of this
AGREEMENT is subject to the signature requirements ofthe 'State Finance Aot, 30
ILCS 1M.02, and
WHEREAS, NATURAL RESOURCES has determined that 1) 1he ckoumstances
necessitating this AMENDMENT NUMBER THREE were not reasonably foreseeable at
the funs the AGREEMENT was executed and amended, 2) this AMENDMENT" NUMBER
i�THREE is germane to the rrthe test crest of NATURAL RESOURCES SaRCt=S end the state ofIlENT, and 3) this linois
USER THREE Is
NOW THEREFORE, for and in consideration of these premises, the parties
hereto agree to the following mod;frcat"ons .
1, The description ECT ELEMENT set forth to the 8
tf EEAS paragraph of the AGFtEERWIENT shatlbe amended toinclude
W-fR ER 3At CLf3Sli1RE STRUCTURE ELEMENT padded to
the PALATINE
the Project perrsuant taA this Arrtartdrt ent t+lurnber 3 Alt duties end
responsibilities of the p�e:s garding t1►e t EInclude end
PROJECT
ELEMENT set forlh'In the A{aR EIVIEfwli shall speolfificattybtclu
also apply to the PALATINE ROAD CLOSURE STRUCTURE
ELEMENT added to the project pursuant to this Amendment Number
3.
2. At the end of paragraph Dh of ft AGREEMENT. ft following tsnguage
shall be addet °"T"RANSpORTATION will grant ar ess to Its property" as
shown on EXHIBIT" 0 attached hereto arrd incorporated herein by
reference, which amends amended ATTACHMENT �I access over
AGREEMENT, the intent h8in being 10 grant
and upon the additional ,access areas shown on EXHIBIT D to the VILLAGE. CITY'", CORPS and NATURAL RESOURCES for the purpose, of
constnartlon, operations' InSpeeWns, maintenance, repair and retabllltatlon
of the. LEVEE 37 PROJECT ELEMENT for $o long asL Vl"EE.
to NATURAL RESOURCES under Public Act.102-0017 Article 141, Section 70 in FY22
for expenditure by the Office of Water Resources for Flood Control and Water
Development Projects; and,
WHEREAS, the CORPS requested and NATURAL RESOURCES agreed to
develop engineering plans and special provisions. advertise and award, provide resident
engineering services during construction, and provide construction funding estimatedat
$500,000. for the PALATINE ROAD CLOSURE ELEMENT; and,
WHEREAS, NATURAL RESOURCES has determined that the execution of this
AGREEMENT is subject to the signature requirements of the "State Finance Act," 30
ILCS 105/9,02; and
WHEREAS, NATURAL RESOURCES has determined that 1) the circumstances
necessitating this AMENDMENT NUMBER THREE were not reasonably foreseeable at
the time the AGREEMENT was executed and amended, 2) this AMENDMENT NUMBER
THREE Is germane to the AGREEMENT, and 3) this AMENDMENT NUMBER THREE Is
in the best interest of NATURAL RESOURCES and the State of Illinois.
NOW THEREFORE, for and In consideration of these premises, the parties
hereto agree to the following modifications therein:
The description of the LEVEE 37 PROJECT ELEMENT set forth in the gem
WHEREAS paragraph of the AGREEMENT shall be amended to include
the PALATINE ROAD CLOSURE STRUCTURE. ELEMENT' added to
the Project pursuant to this Amendment Number 3. All duties and
responsibilities of the parties regarding the LEVEE 37 PROJECT
ELEMENT set forth In the AGREEMENT shall specifically Include and
also apply to the PALATINE ROAD CLOSURE STRUCTURE
ELEMENT added to the project pursuant to this Amendment Number
3.
2. At the and of paragraph D.6 of the AGREEMENT, the following language
shall be added: "TRANSPORTATION will grant access to its property as
shown on EXHIBIT D attached hereto and incorporated herein by
reference, which amends amended ATTACHMENT 4 to the
AGREEMENT, the intent herein being to grant such additional access over
and upon the additional access areas shown on EXIiIINT D to the
VILLAGE, 'CITY, CORPS and NATURAL RESOURCES for the purpose of
construction, operations, inspections, maintenance, repair and rehabilitation
of the LEVEE 37 PROJECT ELEMENT for so long as LEVEE
37 PROJECT ELEMENT remains authorized by the CORPS. Any actions of the
VILLAGE CITY andlor NATURAL RESOURCES for the purpose Of
construction, oparallons, inspections, maintenance. repair and rehabilitation of
the LEVEE 37 PROJECT ELEMENT that will impact normal traffic flows will
require an IDOT traffic access permit "
3 The parties to this AMENDMENT NUMBER THREE and the CORPS have
determined that the Levee 37 project limits need to be expanded as shown on
EXHIBIT D. TRANSPORTATION has agreed to expand the access area as
shown on such EXHIBIT.
4 The existing second sentence of paragraph A,2 of the AGREEMENT shall be
changed to the fo#oWng* "NATURAL RESOURCE'S' funding obligation under this
AGREEMENT will terminate upon the: completion of the PUMP STATION
ELEMENT and the PALATINE ROAD CLOSURE STRUCTURE ELEMENT, when
the NATURAL RESOURCES' cost share is expanded. or June 30,2025,
whichever comes first"
5. After the rest sentence of paragraph A.2 of the AGREEMENT, the following
sentence shall be added. "Additionally, Natural Resources' funding obligation
shall include the non-federalcash amount for the PALATINE ROAD CLOSURE
STRUCTURE ELEMENT added to the LEVEE 37 PROJECT ELEMENT,
estimated to be $500,DOD "
6 All other covenants under terms of the AGREEMENT rernain unchanged and in
full force and effect except and to the extent othervAse provided herein.
IN WITN ESS WHEREOF, the parties hereto set their hands and seats the day and year
written, and represent that the signatories below are duly authorized to execute this
AMENDMENT NUMBER THREE on behalf of their respective bodies, and that the effective
date of this amendment is the date approved and executed by the Director of NATURAL
RESOURCES
General Co
nsel
Date:, -Z�Lzl -
APPROVED FOR LEGAL SUFFICIEN'."r
Legal Counsel:
APPROVED:
APPROVF-D�,
RUM- 3•
Date
Chief :!� ffic
01vi ird U +r
ATTEST:
Karen Agoranosaberk
ZZl"2Z
ATTEST:
Karen Schultheis,
Deputv Clerk
RECOMMENDED:
Director -Division of Highways
Chief Engineer
Date:
APPROVED AS TO FORM:
Chief Counsel
Date:
APPROVED:
Mayor
City of rospect He hts
li�ata: v'�02Z-
APPROVED:
Omer Osman, Secretary
Date:.
ATTEST:
area A oranos, �tr
9 l
Date: ? 2ZljWZZ
APPROVED:
Cl y QN= tlrS'PET t l'EN I•ITS
ATTEST:
rtjjl�o Ca. APPROVED:
oo
SEAL y�
,^ Matthew Dolick, Acting
``
Karen Schultheis, "•, ,,• r'Mayor
Deput Cleric•,., .•�� ��x City of rosect Rai ht
�,�7� tcti gate. ���
o 2111,
Date:_
r
i
APPROVED:
- ,",-
Omer Osman, Secretary
Date%---
i
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STATE OF SLUM= ME[ 77 CLOSM SRRMME AT FAIATW4 ROAD PRES►KT "miS. RUR04
OEPARTWENT OF NITUM RESOURCES s •u,a
OFFICE OF WATER RESOURCES FMFMD SM PLM
F ' ACCESS ALTERNATIVES rO
CLOSURE STRUCTURF fOR
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_ _, STATE OF RSJTdO1S IFTFF ST cto"m STRYCT10tl3 AT ►ALATM to" IN RYfrtQ 1[iA1i. 11D10Lt
OEPtRTMENT of NATURAL RESOURCES — a
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INTERGOVERNMENTAL AGREEMENT
between the
STATE OF ILLINOIS/ DEPARTMENT OF NATURAL RESOURCES
and the
STATE. OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
for the
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT ELEMENT,
LEVEE 37
Contract No. OWR-243
Will
�r r
.� «• . .��
to as p .,
Wltnesseth:
.„ • N A .. f
W EREAS. NATURAL RESOURCES and CORPS have enterers Into a Project
Cooperation Agreement fog eonstruchon of the PROJECT, hereinafter referred to as "PCA'
and attached to this AGREEMENT as ATTACHMENT 1; and
WHEREAS, TRANSPORTATION 1RTATION would be required to provide 27,205 Cy of compensalory
floodway storage fortheir proposed work at Milwaukee load if that work was not part of a
regional flood control project; and
WHEREAS, time CITY, VtLLAGF, TRANSPORTATION and NA's URAL RESOURCES
desire to cornplete the Levee 37 Project Element, hereinafter referred to as "LEVEE 37
PROJECT Et.EMEN t', which includes approximately 550 lineal feet of earth levee and
7,550 linsa' fee: of lloodwall alongthe east side of fees Plaines River Road beginning 320
feet north of the centerline of Euclid Avenue and ending at Palatine Road; 1,400 lineal feet
of floodw ll along the north side of a section of Palatine Road Located west of Milwaukee
Avenue; a 135 foot wide hinged closure structure across Milwaukee Avenue located
approximately tad feet north of the Palatine Road overpass, fourteen structures for Interior
drainage co,isisting of pump stations, closure structures, backflow structures and sluice
gales; two reptile crossings and two environmental mitigation areas located on property
owned by the Forest Preserve District of Cook. County and desire to share responsibilities
dellned as Onon-faderal"° in the PCA, and
WHEREAS, the CITY, VILLAGE, TRANSPORTATION and NATURAL RESOURCES
desire TRANSPORTATION to complete, in order to accommodate the Levee 37 Project
Element, modifications to Mllwaukee Avenue which include a segment of Milwaukee
Avenue raised to the elevation of the profile of the floodwall and unproved conveyance
through the brid e opening, hereinafter referred to as'MILWAUKEE AVENUE
Ifta"IPROVEtti'iEf S" ; and
WHEREAS, the PCA defines the "non-federal" financial responsibility to be, the acquisition
of all lands, easements, rights -of and disposat sites required for
construction, operation, maintenance, repair, rehabilitation and replacement of the
PROJECT hereinafter referred to as "L.EERDs', a cash payment equal to 5% of the total
PROJECT cost and any additional cash payyment necessary to raise the "non-federal" cost
to a minimum of 35% of the total PROJECT cost; and
WHEREAS, the CORPS has estrrnated the total cost of the LEVEE 37 PROJECT
ELEMENT to be 18,6 S,400, the value of LEVEE 37 PROJECT ELEMENT LEERD's to
be $21,84r5, the value of the So/o cash contribution to be $9ol,320 and the valise of the
additional cash required to be 5,1 S6,E74; and
WHEREAS, NATURAL RESOURCES will receive credal from the CORPS for the
construction of the Levee 50 Project Element as afforded in Section 104 of the water
Resources Development Act of 1966, Public Law 99-66 , The value of the Section "t 04
credits is estimated to be 14,711,000 and is subject to change during, a final audit, by tiers
CORPS, of the Levee 50 Project Element costs; and
WHEREAS, NATURAL RESOURCES will apPlra portion of its Section ii14 credits
towards the additional cash requirement of the EV'EE 37 PROJECT ELEMENT: and
underR uublicthe Actlllinois 95.0348, ArticlAssembly le 435, Section tiappropriate
PROJECT anfunds to NATURAdL RESOURCES
WHEREAS, NATURAL RESOURCES has determined that the execution of this
AGREEMENT ENT is subject to the signature requirements of the "State l=inance Act," 301LCS
10519.02 {1983 State Bar Ediffon3.
NOW THEREFORE, for and In consideration of the benefits to be derived from the
completion of the PROJECT, the sufficiency of which is hereby acknowledged it is agreed
between the parties hereto as fo'lows°
PART A. SPECIAL CONDITIONS
1. The recitals set forth are incorporated by reference and made a part hereof, the
same constituting the factual basis for this transaction.
2. NATURAL RESOURCES' funding obligation under this AGREEMENT is % of
the LEVEE 37 PROJECT ELEMENT cost and is estimated to be $901,320. NATURAL
RESOURCES funding obligation will terminate upon the completion of the LEVEE 37
PROJECT ELEMENT, when NATURAL RESOURCES' cost share is expended, or June
30, 2015, whichever comes first, NATURAL RESOURCES, at its sole option, may
terminate or suspend this contract, in whole or in part, without penalty or further payment
being required, If the ILinols General Assembly or the federal funding source fails to make
an appropriation sufficient to pay such obligation, or if funds needed are Insufficient for any
reason_
3, TRANSPORTATION's roadway Improvement construction obligation udder this
AGREEMENT is limited to those expenses associated with MILWAUKEE AVENUE
IMPROVEMENTS,
4. All provisions of this AGREEMENT will be binding upon the successors and
assigns of the principal parties hereto.
5. This AGREEMENT may only be modified, assigned, supplemented, amended or
extended by mutual agreement, in writing, by the parties hereto.
5. Attached hareto, marked "ATTACHMENT 2", consisting of four pages and made
part hereof b reference, is a listing of cerlifications, which must be completed by CITY
and VILLACa.
Ilyffluz Bill
w %
1, The CITY and VILLAGE, In accordance with CORPS requirements for
acquisition of LEERD's, will each acquire, in the name of the CITY or'VILLAGE and
wwRhout cost to NATURAL RESOURCES, ali propedles, easements or rights -of -way
(hereinafter referred to as "property rights") necessary for the construction, o eration,
maintenance, repair, rehabilitation and replacement of the LEVEE 37 PROJE�T
ELEMENT. The approval of all acquisitions rotating only to the LEVEE 37 PROJECT
ELEMENT Wit be required by NATURAL RESOURCES before closing, and will be
coordinated by NATURAL RESOURCES Division of Project Imp'ernentafion in oonjunction
with the CORPS. Should litigation be necessary to quiet title in the purchase of any
pproperty, the CITY and/or VILLAGE will be responsible for all costs associated with the
lil'gation. It is understood that any required property rights now owned by a unit of local or
state gowrernme,)t or school district may remain in the name of such unit of local or state
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work. In this instance the CITY and VILLAGE will reimburse NATURAL RESOURCES
for any and all costs that may be incurred by NATURAL RESOURCES in connection
thereWith,
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CORP.37 PROJECT ELEMENT remains aulhodzed by the
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7. The CITY YW VILLAGE will maintain for a minimum of
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ENUE
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IN. WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year written, and represent that the si'gnatorles below are duly authorized to execute
this AGREEMENT for the UPPER DES PLAINES RIVER FLOOD DAMAGE
REDUCTION PROJECT ELEMENT, LEVEE 37 on behalf of their respective bodies,
and that the effective date of this AGREEMENT is the date approved and executed by
the Director of NATURAL RESOURCES.
RECOMMENDED: APPROVED:
Gary . Clark, Director Sam Flood, Acting Director
Office of Water Resources Department of Natural Resources
Date: q --16 �y e
APPROVED:
Ellen King -Pie kc,
Chief Flscai Officer
APPROVED:
William Richardson seek,
Chief Lega` Counsel
Vlf 4 AaE OF jO11T PROSPECT
APPROVED:.
ATTEST:
" jrvana K. Wit , eYcr
M. pis An etl, Clerk
Date;.
CtT'y' OP Pf� SPECT t�IEtf"al-tT
A VEt;
ATTEST;
' �erns,
Williamot7o� O:—a�
r .w SEAL r
tr,,od
RECOMMENDED:
—f—LL �-
Christine M. Reed, P.E.
Director -Division of Highways
Chief Engineer
Date: _...-
Attachments, 1 PCA
2, Certilications
3. Operglion and Maintenance Manual
q, lOOT tights-of"way required for project
APPROVED:
Milton R. Sees, P.E.
Secretary of Transportation
am
.. ... . ....
& ka t.
Ar'VA MAHN, Y
AMENDMENT NUMBER ONE
to an
AGREEMENT
between the
STATE OF ILLINOISIDEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOISIDEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
fir the
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT,
LEVEE 37
Contract Number OWR-243
THIS AMENDMENT NUMBER ONE Is made among the City of Prospect
Heights, hereinafter referred to as the'CITy'", the Village of Mount Prospect, hereinafter
referred to as the 'VILLAGE", the Slate of Illinoistl3epartment of Natural Resources,
hereinafter referred to as "NATURAL RESOURCES' and the State of
lllinoWDepartrnent of Transportation„ hereinafter
referred
fe d to "as TRANSF°ORTA IOt "
and entered Into this Clay of
WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and
TRANSPORTATION entered into an agreement, hereinafter referred to as the
"AGREEMENT," effective September 16, 2008, a copy of which is attached hereto as
EXHIBIT A and incorporated herein by reference, covering the construction of the Levee
37 project Element, hereinafter referred to as the "pROJECT"'; and
WHEREAS, additional rights -of -way belonging to TRANSPORTATION are
required for completion of the PROJECT; and
WHEREAS, NATURAL RESOURCES has determined that i) the circumstances
necessitating this AMENDMENT NU'M13ER ONE were not reasonably foreseeable at the
time the AGREEMENT was originally executed, ) A ENC)MENT NUMBER ONE Is
germane to the AGREEMENT as originally executed, and 31 this AMENDMENT
NUMBER ONE and the AGREEMENT are in the best interest of NATURAL
RESOURCES and the State of Illinois; and
WHEREAS, NATURAL RESOURCES has determined that the execution of this
AGREEMENT is subject to the signature requirements of the "State Finance Act," 30
ILLS 105/9,02; and
NOW THEREFORE, for and in consideration of these premises, the parties
hereto agree to the following modifications therein:
To end of paragraph 8.6 of the AGREEMENT, add the following language:
'TRANSPORTATION will grant access to their property as shown on
EXHIBIT B attached hereto and incorporated herein by reference, which
amends ATTACHMENT 4 to the AGREEMENT the intent herein is to grant
such additional access aver and upon the additional easement areas
shown on the amended ATTACHMENT 4 to the VILLAGE, CITY, CORPS
and NATURAL RESOURCES for the purpose of construction, operations,
inspections, maintenance, repair and rehabilitation of the LEVEE 37
PROJECT ELEMENT for so long as LEVEE 37 PROJECT ELEMENT
remains authorized by the CORPS. Any actions of the VILLAGE, CITY
and/or NATURAL RESOURCES for the purpose of construction,
operations, inspections, maintenance, repair and rehabilitation of the
LEVEE 37 PROJECT ELEMENT that will impact normal traffic flows will
require an IDOT traffic access permit."
2. The parties to this AMENDMENT NUMBER ONE and the CORPS have
determined the Levee 37 project limits need to be expanded as shown on
EXHIBIT B. TRANSPORTATION has agreed to expand the easement as
shown. The parties to this AMENDMENT NUMBER ONE have agreed
that the CORPS shall prepare surveys describing the easement area as
expanded by this AMENDMENT NUMBER ONE. Upon receipt of the
revised surveys from the CORPS, the parties shall review said documents
and, if all concur, attach the surveys to this AMENDMENT NUMBER ONE
post execution. Each party shall give its approval in writing. Said approval
shall not be unreasonably withheld. It Is understood by the parties hereto
that should the Amended Easement surveys not be prepared, reviewed
and approved within a reasonable time after the execution of this
AMENDMENT NUMBER ONE, TRANSPORTATION shall have the right to
revoke this Amendment.
3 All other covenants under terms of the September 16, 2006 AGREEMENT
remain unchanged and In full force and effect.
IN WITNESS WHEREOF, the parties hereto set their hands and seats the day and year
Written, arid 10preserit that the signalutir-s below are duly authorized to execute this
AMENDMENT N�UMBER ONE on behalf of their respective bodies. and Mal 1ho effective
date of this amendment is the date approved and executed by the Director of NATURAL
RESOURCES,
RECOMMENDED.
A,
Aor
Office of Water Resources
Date: -
ILA
(Z esy"
mueffmAmul
ATTEST:
M Lisa Kngell.`CI`67
s
Date: / / rr /J
ATTEST:
Date: It 1 s h-5
APPROVED:
—r
Arlene A. ,parr Mayor
Village of Mount Prospect
Date: rrt - / 3
APPROVED:
STATE OF l..LINOISiD PARTItl Et T OF TRANSPORTATION
RECOMMENDED- APP OVEU
�rnerm sTnarr _. YAA
Ann Sohn lto
.ion-
. � "taTy' ...-.
Director -Division of Highways � abon
Date Engineer Oale rP�rrerl
Chief Engln p
A
W,
P�W
Exhibit C
AMENDMENT NUMBER TWO
to an
AGREEMENT
between the
STATE OF ILLINOIS/DEPARTMENT OF NATURAL RESOURCES
and the
STATE OF ILLINOISIDEPARTMENT OF TRANSPORTATION
and the
CITY OF PROSPECT HEIGHTS
and the
VILLAGE OF MOUNT PROSPECT
for the
UPPER DES PLAINES RIVER FLOOD DAMAGE REDUCTION PROJECT
ELEMENT,
LEVEE 37
Contract Number OWR-243
THIS AMENDMENT NUMBER TWO is made among the City of Prospect
Heights, hereinafter referred to as the 'CITY', the Village of Mount Prospect hereinafter
referred to as the "1/tLIAGE', the State of Illlnois/Departmenl of Natural Resources.
hereinafter referred to as 'NATURAL RESOURCES" and the State of
llllnois/Department of Transportation, hereinafter referred to as 'TRANSPORTATION';
and
WHEREAS, the CITY, the VILLAGE, NATURAL RESOURCES and
TRANSPORTATION entered into an agreement and subsequent amendment number
one, effective September 16. 2006 and Janual. 31 201l4 respeclivety. hereinafter
collectively referred to as the 'AGREEMENT,"" copies of which are attached hereto as
EXHIBIT A and EXHJBIT 8 and incorporated herein by reference, covering the
construcllon of the Levee 37 Project Element, hereinafter referred to as the
"PROJECT"; and
WHEREAS, an additional pump station, herein referred to as the "PUMP
STATION ELEMENT', is required to adequately provide flood protection In association
with the previously constn cted aspects of the PROJECT and the parties wish to amend
the PROJECT to Include said PUMP STATION ELEMENT; and,
WHEREAS, additional dghts.of-vvay belonging to TRANSPORTATION and the
Forest Preserve District of Croy County are required for completion of the PUMP
STATION ELEMENT and are identified on EXHIBIT C attached hereto; and.
of the VILLAGE and vAthout
cst r CITY- a
Ww wNATURALilitate the construction, RESOURCES,
TRANSPORTATION W e
rw W maiWHEREASthe VILLAGe has acq�uiredi. in the ntenance of "'�ECT from a
Foresthe
t4stelct W Cook w and,
VMEREAS ' the CORPS has eatimateid the total cost Of construction and
a the PUMP STATION ELEMENT
to W "! 1. w N
Ww materialsdN nDn-fedaral cashamount o.
the PUMP STATIONpayable to the
CORPS W be $1284,643, and.
WHEREAS, y W General app
ropriated wW the funds needed to
NATURAL
" RESOURCES
w w ResourcesW
W �MJ W W, W
ww W
W
W WW IAGREEMENT is his
NATURAL signature T w a of ft WM
te Finanos Act." subject W thei
WHEREAS, NATURAL RESOURCES has w eW wr.1� �k
f
onably foreseeable 'n W
W w^ �� { W • � A w N
NOW THERuO'HE. for and in consideration of these premises, the Parties
hereto 'agree to'lhe following ynodfficalions therein_
9,. The description of the LEVEE 37 PROJECT ELEMENT sat forth In Ole
WHEREAS EAS paragraph of the AGREEMENT shall be amended to Include
the i UMP STATION ELEMENT added to the of pumuant to this
Arnendmard Number 2. All duties and rasponalbifibeS of the partiaa
reg"Irm the LEVEE 37 PROJECT ELEMENT vat " In
AGREEMENT shag ikaIly Include and also 9P t this
PUMP
rr nt.
STATION ELEMENT added the profit p
Number 2.
w�• rc� ! W r:.� W WM re.N We
N� Wwn,w
m w W. W ,r•M w w a..ir W..
W
. w
7 PROJECT ELEMENT remains authorized by the CORPS. Any actions
Of he VILLAGE, CITY Aor NATURAL RESOURCES for the purpaae of
truction, operations, Inspections, maintenance, repair and
rehabilitation of the LEVEE 37 PROJECT ELEMENT that will Impact
normal trait nows will require an It OT traffic access permit,
parties to this AMENDMENT
dotatmin6d,",..: the r Project
on - iF li agreed to expand this m
area as shown on such F1Y]Br.
After the frSt Sentence of paragraph of AGREEMENT,
Resources'k1lowlIV sentence shell be; added, '"AddWorvally, Nahaal
addedfunding obfigaficon shall Include thle non-fediew cash amount for the PUMP
STATION ELEMENT to Ow LEVEE 37 PROJECT ELEMENT,
estimatecl, to be
6. Aft other covenants under te'om ,$ of the AGREEMENT remain unchanged
and in full f srncf effect excapt end to the extent otherwise provided
herein.
IN WITNESS WHEREOF, OW pa is hereto set their hands and seals the day and year
i tarc, and represent that the signatories below are duly authorized to execute this
AMENDMENT NUMBER TWO on beNiN of their respei bodies, and that the
effective date of this amendment is ft date approved and executed by the Director of
NATURAL RESOURCES,
General Counsel
APPROVED FOR EXECUTION
Date: ,.
Legal CraurEuvl�.�r wF
Chief Fiscal Offioer
4 - 6711;zl
Date
Date:
" ..
ATTEST:
ATTEST:
sac ,DepW/Ctc-9-tc
Date„ A,.nc-,vSl 26, 202-C)
APPROVED:
AAene A JurawktMayor
VNIAge of c t P 5pec't
Date, 4XI 9-0 -
APPROVED:
RECOMMENDED: • .
WaR Oin*0smak-
Dftdor-Ilvislon of Highways
Enolneer • y r
1
i
"v
P LAT 0 F S U R V F: y
ParL of Lhe Fbsf HOW Of fhe V1&111 ZP Spe"On
Town2hf!P 42 Nai Lb, Rmngc P6 of Lhc Thrd PU'MlPdl
Merklitn Coolk Caun�Y. Minc�2