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R-1076 - 06/08/2010 - IDOT - ResolutionsRESOLUTION 201 0-IDOT-R-1 076 A RESOLUTION REGARDING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK, ILLINOIS AND THE STATE OF ILLINOIS DEPARTMENT OF TRANSPORTATION IN RELATION TO FUNDING OF 22ND STREET IMPROVEMENTS WHEREAS, the Village of Oak Brook (Village) has entered into and Intergovernmental Agreement (Agreement) with the State of Illinois (State) for the improvement of FAU Route 1453 22 n4 Street, known as State Section 55 WRS, and WHEREAS, in compliance with the aforementioned Agreement, it is necessary for the Village to appropriate sufficient funds on an annual basis, based upon the terms of reimbursement contained herein, to pay its share of the cost of said improvement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: That there is hereby appropriated the sum of Two Million, Four Hundred, Eighty -Four Thousand, Two Hundred, Fifty -Five Dollars ($2,464,255) from any money now or hereinafter allotted to the Village to pay its share of the cost of this improvement for its first annual installment payment in Fiscal Year 2010. Section 2: That the Village will reimburse the State to pay its share of the cost of said improvement in three annual installments. Upon award of the contract for this improvement, receipt of an invoice and on or before October 1, 2010, the Village will pay its first annual installment to the State in a lump sum from any funds allotted to the Village, an amount equal to One Million Dollars ($1,000,000) of its financial obligation incurred under this Agreement. On or before October 1, 2011, the Village will pay its second annual installment to the State in a lump sum from any funds allotted to the Village, an amount equal to One Million Dollars ($1,000,000) of its financial obligation incurred under this Agreement. Upon receipt of a final invoice and on or before October 1, 2012, the Village will pay to the State in a lump sum from any funds allotted to the Village, an amount equal to the Village's remaining financial obligation balance of construction and engineering costs. The aforementioned final invoice will be based upon actual final quantities multiplied by the actual contract unit bid prices plus engineering costs for all construction items in which the Village has agreed to be financially responsible under the terms of this Agreement. Section 3: That the Village agrees to pass a supplemental resolution to provide any necessary funds for its share of the cost of this improvement if the amount appropriated herein proves to be insufficient to cover said cost. Section 3: This resolution shall be in full force and effect from and after its passage and approval as provided by law. APPROVED THIS a day of June, 2010. Ayes: Resolution 2010 -IDOT- FUND -R -1076 22nd St. Improvements Page 2 of 3 PASSED THIS 8t' day of June, 2010. Trustees Carson, Moy, Saiyed, Wolin and Zannis Nays: None Absent: Trustee Aktiyis ATTEST: Charlotte K. Pruss Village Clerk Resolution 20104DOT- FUND -R -1076 22nd St. Improvements Page 3 of 3 STATE OF ILLINOIS COUNTY OF DUPAGE I, Chadott K. Pruss, Village Clerk in and for the Village of Oak Brook hereby certify the foregoing to be a true perfect and complete copy of the Resolution adopted by the Village of Oak Brook at a meeting on June 8, 2010. IN TESTIMONY WHEREOF, I have hereunto set my hand seal this _ day of June, 2010. Charlotte K. Pruss Village Clerk