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R-1796 - 03/26/2019 - WATER MAIN CONTRACT - Resolutions RESOLUTION 2019-R-1796 A RESOLUTION APPROVING AN EASEMENT AGREEMENT WITH THE FOREST PRESERVE DISTRICT OF DUPAGE COUNTY CONCERNING FULLERSBURG WOODS FOREST PRESERVE WHEREAS, the Village of Oak Brook ("Village") has operated and maintained for many years a watermain in the Fullersburg Woods Forest Preserve ("Preserve"); and WHEREAS, the Village's operation and maintenance obligations were governed in part by a license agreement between the Village and the Preserve's owner, the Forest Preserve District of DuPage County("District'); and WHEREAS, the license agreement has expired; and WHEREAS, the Village and the District wish to memorialize the parties' rights and obligations concerning the existing watermain by entering into the Easement Agreement attached hereto as Exhibit A ("Agreement'); and WHEREAS, the Village and District are units of local government authorized by the Article VII, Section 10 of the State of Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., to contract with each other and exercise powers jointly; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village to enter into the Agreement; 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: Recitals. The foregoing recitals are hereby incorporated into, and made a part of this Resolution, as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Approval of the Agreement. The President and Board of Trustees hereby approve of the Agreement by and between the Village and the Forest Preserve District of DuPage County in substantially the form as attached as Exhibit A, and in a final form approved by the Village Attorney. Section 3: Authorization and Execution of the Agreement. The Village President and the Village Clerk shall be, and hereby are, authorized to execute the Agreement after receipt of the final Agreement fully executed by the District, and the Village Manager is authorized to enforce the Agreement's terms. Section 4: Effective Date. This Resolution shall be in full force and effect from and after its passage by the Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] Resolution 2019-R-1796 Easement Agreement with Forest Preserve District of DuPage County Page 2 of 3 APPROVED THIS 26th day of March, 2019 Gopal G. Lalmalani Village President PASSED THIS 26th day of March, 2019 Ayes: Trustees Baar, Manzo, Saiyed, Tiesega, Yusuf Nays: None Absent: Trustee Cuevas ATTEST: L v O Charlotte K. Pruss © Village Clerk o so G O 9CF C DUNTIt 2 A,/ y % vs Resolution 2019-R-1796 Easement Agreement with Forest Preserve District of DuPage County Page 3 of 3 EXHIBIT A EASEMENT AGREEMENT [ATTACHED] 4817-2325-2271,v. 1 3