R399 - 08/27/1985 - IDOT - Resolutions Supporting Documents •
SPONSORSHIP AGREEMENT
between the
VILLAGE OF OAK BROOK
and the
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
for the
SALT CREEK CHANNEL IMPROVEMENT
(Reaches 1-c, 2 and 3)
This Agreement made and entered into this .= day of Asst 19 RS •
between the Village of Oak Brook in DuPage County, Illinois, hereinafter referred
to as the "VILLAGE", and the Department of Transportation, acting for and on behalf
of the State of Illinois, hereinafter referred to as the "DEPARTMENT", WITNESSETH:
WHEREAS, the VILLAGE and the DEPARTMENT are legal entities organized and
existing under the laws of the State of Illinois having among their powers the
authority to contract with one another to perform such undertakings as described
herein, and
WHEREAS, in a continuing effort to alleviate flooding in and along lower Salt
Creek in DuPage County, Illinois, the DEPARTMENT's Division of Water Resources is
in the process of developing a channel improvement commencing at the upstream
(north) face of Madison Street extended being within the corporate limits of the
City of Elmhurst, Illinois, thence downstream through the City of Oakbrook Terrace,
Illinois and to the downstream (south) face of Cermak Road located in the corporate '
limits of the VILLAGE, all being in DuPage County, Illinois, which will be ,
compatible with the latest Flood Water Management Plan for the Des Plaines River
Watershed, and
WHEREAS, it is anticipated that this channel improvement in and along Salt
Creek will be constructed in stages, and therefore, As divided into four reaches: '
Reach 1 commencing at the upstream (north) face of Butterfield Road located within
the City of Elmhurst, thence downstream through the City of Oakbrook Terrace to
approximately 40 feet downstream of an old abandoned foot bridge upstream of Harger
Road in the VILLAGE; Reach 2 commencing approximately 40 feet downstream of said
old abandoned foot bridge upstream of Hanger Road, thence downstream to the
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upstream (north) face of Harger Road, all being within the VILLAGE; Reach 3
commencing at the upstream (north) face of Harger Road, thence downstream to the
downstream (south) face of Cermak Road, all being within the VILLAGE; and, Reach 4
commencing at the upstream (north) face of Madison Street extended, thence
downstream to the upstream (north) face of Butterfield Road, all being within the '
City of Elmhurst, hereinafter all four reaches collectively referred to as the
"IMPROVEMENT", and
WHEREAS, since the IMPROVEMENT is within the corporate limits of the City of
1,
Elmhurst, the VILLAGE and the City of Oakbrook Terrace, it is appropriate that the
local sponsorship requirements be divided between said municipalities according to
their corporate limits, with the VILLAGE being responsible for that part of Reach 1
within its corporate limits commencing with the east one-half of the IMPROVEMENT
starting approximately 960 feet south of Roosevelt Road, thence downstream along
said east one-half approximately 480 feet, thence continuing downstream with the
entire IMPROVEMENT area to 40 feet downstream of the old abandoned foot bridge,
(hereinafter referred to as "Reach 1-c) and Reaches 2 and 3".
NOW THEREFORE, for and in consideration of the benefits to be derived from the
construction of this IMPROVEMENT, the sufficiency of which is hereby acknowledged,
the parties hereto agree to the following terms and conditions:
A. INCORPORATION AND CONTINGENCY
1. The recitals set forth above are incorporated herein by reference and
made a part hereof, the same constituting the factual basis for this
transaction.
2. All covenants agreed to by the DEPARTMENT which require funding are
subject to the appropriation of funds by the Illinois General Assembly
and release of the funds as required by law. Land rights acquisition
by the VILLAGE which require funding is subject to the appropriation of
funds by the VILLAGE for such purpose.
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B. DEPARTMENT OF TRANSPORTATION
1. The DEPARTMENT will prepare the final design plans, specifications and
contract documents, advertise for bids, make the contract award,'
supervise the construction work and pay for all construction costs of
the IMPROVEMENT. The VILLAGE will have the right to approve the plans
and specifications for Reaches 1-c, 2 and 3
prior to contract
advertisement.
2. The DEPARTMENT will designate on the plans all lands, easements and
rights-of-way (hereinafter referred to as "land rights") required for
the construction and maintenance of the IMPROVEMENT. The DEPARTMENT:
will prepare the legal descriptions and plat drawings for the required
land rights. The VILLAGE will have the right to inspect and approve
the land rights required for the maintenance of Reaches 1-c, 2 and 3.
C. VILLAGE OF OAK BROOK
1 . The VILLAGE will acquire in the name of the VILLAGE, without cost to
the DEPARTMENT, all land rights required for the construction and
maintenance of Reaches 1-c, 2 and 3 of the IMPROVEMENT. It is agreed
and understood that all expenses associated with the land rights
acquisition such as title commitments, attorney fees, survey costs,
appraisal costs, recording costs, and any other such incidental
expenses will be borne by the VILLAGE.
2. The VILLAGE will convey or grant to the DEPARTMENT at no cost to the
DEPARTMENT the required interest in the land rights acquired by the
VILLAGE necessary to construct Reaches 1-c, 2 and 3. The VILLAGE will
further permit the DEPARTMENT to use any VILLAGE owned streets or
alleys which may be reasonably required during the construction of
Reaches 1-c, 2 and 3.
3. The VILLAGE will be responsible for all public utility alterations or
relocations required as a result of Reaches 1-c, 2 and 3 construction.
4.
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Public utilities include, but are not limited to, electrical , telephdpe
and cable television lines and gas, oil, sewer and water pipelines.
4. The VILLAGE will assume all responsibility for the maintenance Of
Reaches 1-c, 2 and 3 of the IMPROVEMENT after construction completion.
Reaches 1-c, 2 and 3 will be maintained in such a manner to reasonably
assure that they will continue to serve the intended purposle.
Maintenance of Reaches 1-c, 2 and 3 will include, but not be limited
�i
to, keeping the area clean of all trash and other debris, or any other
matter which may tend to impede the proper and free now of water.
Reaches 1-c, 2 and 3 grass covered areas will be rough mowed six inch; s
high 'at least once each year. On areas that cannot be mowed, measures
will be taken annually to eliminate all woody growth larger then
one-half inch in diameter. Measures will also be taken as conditions
require to correct any substantial erosion problems as determined icy
the DEPARTMENT within Reaches 1-c, 2 and 3.
Joint inspections will be scheduled and made by the VILLAGE and
DEPARTMENT no less than once each year, or more often if conditions So
require, in order to assure adequate maintenance of Reaches 1-c, 2 and
3. Failure of the VILLAGE to properly maintain Reaches 1-c, 2 and 3 as
indicated by a written report of such inspection will permit the
DEPARTMENT, upon. thirty (30) &,Ys written notice and continued failure
of the VILLAGE to perform the necessary maintenance work, to enter up$n
any of Reaches 1-c, 2 and 3 land rights for the purpose of performing
such maintenance' work. In this instance, the VILLAGE will reimburse
the DEPARTMENT for any and all costs which may be incurred by the
DEPARTMENT in connection therewith.
5. The VILLAGE will maintain eligibility in the National Flood Insurance
Program. The VILLAGE will continue to adopt and enforce appropriate '
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ordinances satisfactory to the Federal Insurance Administration and the
DEPARTMENT which the VILLAGE is required to enact relative to the•'
regulation of development in floodplains under the jurisdiction and '
control of the VILLAGE.
• 6. The VILLAGE will hold and save the DEPARTMENT and any of its duly
appointed agents and employees harmless against any loss, damage, cause
of action, fine or judgment, including all cost connected therewith
such as attorney and witness fees, filing fees and any other expenses
• incident thereto, that may be incurred by reason of personal injury,
death, property damage or any and all other claims or suits of
whatsoever nature that might arise or result from or as a consequence
of the location, existence and maintenance of Reaches 1 -c, 2 and 3 of
the IMPROVEMENT (excluding any and all dredging operations conducted by
the DEPARTMENT). The VILLAGE will not be obligated or responsible to
hold the DEPARTMENT harmless against any loss, damages, cost or
expenses arising out of the negligent acts or omissions by the
DEPARTMENT or its agents or employees.
7. The VILLAGE will provide the DEPARTMENT with an appropriate ordinance
or resolution evidencing authority to execute this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
STATE OF ILLINOIS
RECCI4IENDED: APPROVED:
Donald R. Vonnahme, rec or regory'i a , ec ary
Division of Water Resources Department ofM'ransportation
II
VILLAGE OF OAK BROOK
ATTEST: APPROVED
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VILLAGE OF OAK BROOK Minutes -4- August 27, 1985
To accept the draft of the Grounds and Landscape Maintenance
Specifications and authorize the advertisement for bide; bids to be
received on or before 10:00 A.M., Tuesday, October 15, 1985.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
1, and President Cerne.
Nays: None
Absent: None So ordered.
D. Landscape Maintenance Building - Oak Brook Sports Core:
Previously discussed at the Committee-of-the-Whole Meeting of August
12, 1985 and at the Regular Meetings of August 24, 1982 and November
23, 1982 and it was the consensus of opinion that staff be directeJ to
examine costs, location and the basic needs for the maintenance
building and bring back for further consideration.
E. Cooling Tower Rehabilitation - Bid Recommendation:
Authorized at the Regular Meeting of July 23, 1985 and one (1) bid was
received on August 19, 1985.
Trustee Rush moved, seconded by Trustee Maher...
To accept the bid from Cross Tower Company for rehabilitation of the
cooling tower, to be completed between September 16 and October 16,
1985, in the total amount of $5,347.00.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
F. Police Department and Engineering Department Carpeting - Bid
Recommendation:
Authorized at the Regular Meeting of July 23, 1985 and three (3) bids
were received on August 19, 1985.
Trustee Rush moved, seconded by Trustee Winters...
To accept the bid from City Wide Carpet Company, the lowest
responsible bidder, for the installation of approximately 700 square
yards of Broadloom carpeting in the total amount of $10,617.50.
ROLL CALL VOTE: Ayes: Trustees Bushy, Imrie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
69Salt Creek Dredging:
Discussed at the Committee-of-the-Whole Meeting of May 13, 1985 and
the Regular Meeting of June 11, 1985.
ARGR EMtI(T WITH x-399 OFFUILLIN02ISH/ODLPAI NT br TRANSPORTATION S1FOR
C M 0
Trustee Philip moved, seconded by Trustee Rush...
To pass and approve Resolution No. R-399 as presented and authorize
the Village President and Village Clerk to execute said Sponsorship
Agreement.
VILLAGE OF OAK BROOK Minutes -4- August 27, 1985
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VILLAGE OF OAK BROOK .Mi,.utes -5- August 27, 1985
ROLL CALL VOTE: Ayes: Trustees Bushy, iarie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
2. Maintenance A esment between the Vii a e f Oak ook Illinois and
City of Elmhurst, llinois for the Maintenance o each 1 of the Salt
break Channel Improvement:
Trustee Philip moved, seconded by Trustee Winters...
To pass and approve the maintenance agreement as presented and
authorize the Village President and Village Clerk to execute same.
ROLL CALL VOTE: Ayes: Trustees Bushy, Iarie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
3. Grant of Easement - Dredging and Maintenance of Salt Creek:
Trustee Philip moved, seconded by Trustee Rush...
To accept. the Grant of Easement made August 8, 3.985 from Albert J. and
Marilyn K. Arado, 454 Forest Trail Drive.
ROLL CALL VOTE: Ayes: Trustees Bushy, Iaire, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
4. Grant of Easement - Dredging and Maintenance of Salt Creek:
Trustee Philip moved, seconded by Trustee lush...
To accept the Grant of Easement made August 21, 1985 from the City of
Elmhurst.
ROLL CALL VOTE: Ayes: Trustees Bushy, Iarie, Maher, Philip, Rush, Winters
and President Cerne.
Nays: None
Absent: None So ordered.
H. Report of Activities:
1. Finance & Library: Trustee Iarie - No report.
2. Personnel: Trustee Winters - No report.
3. Public Safety: Trustee Bushy - Police Department establishing
eligibility list.
4. Public Works & Traffic: Trustee Rush - No report.
5. Sports Core: Trustee Maher - No report.
6. Zoning & Planning: Trustee Philip - No report.
President Cerne commented on the DuPage Water Commission meeting to be
held September 5, 1985.
VI. NEW SORIORAqs
A. 195570 Delmer Salts
State of Illinois Joint Purehssing Neduiaition authorised at the
Regular Meeting of Nay SC MC
TILLAGE OF bAS NOW NimmtN1 «+ . K.tea t 14