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2023-03-20 - Ordinance 2023-026 - AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH LAKE COUNTY RELATING TO THE RECONSTRUCTION OF ARLINGTON HEIGHTS ROAD IN THE VILLAGE OF BUFFALO GROVE ORDINANCE NO.2023-026 AN ORDINANCE AUTHORIZING AN INTERGOVERMENTAL AGREEMENT WITH LAKE COUNTY RELATING TO THE RECONSTRUCTION OF ARLINGTON HEIGHTS ROAD IN THE VILLAGE OF BUFFALO GROVE WHEREAS,the Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS,the Village of Buffalo Grove seeks to enter into an Intergovernmental Agreement with Lake County relating to the reconstruction of Arlington Heights Road between Lake Cook Road and 500 feet south ofThompson Boulevard; and WHEREAS, the overall total cost for improvements to Village owned and maintained infrastructure within the project limits will be$1,053,876.52. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part ofthis Ordinance as if fully set forth herein. SECTION 2. The Village President is authorized to enter into an Intergovernmental Agreement with Lake County for the reconstruction of Arlington Heights Road between Lake Cook Road and Thompson Boulevard within the Village of Buffalo Grove, a copy of said agreement is attached hereto, pending attorney review. SECTION 3. If any section, paragraph, clause, or provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this Ordinance. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and shall not be codified. AYES: 5—Stein.Weidenfeld,Johnson,Smith, Pike NAYES: 0—None ABSENT: 1—Ottenheimer PASSED: March 20, 2023 APPROVED: March 20, 2023 PUBLISHED: March 21, 2023 ATTEST: APPROVED: �_�,-�`u�y�,.,�.,��,� Jan(et-A�F�irabi�r,,Village_Clerk Beverly Suss , illage President AGREEMENT BETWEEN TAE COUNTY OF LAKE AND THE VILLAGE OF BUFFALO GROVE FOR THE IMPROVF,MFNT OF ARLINGTON HEIGH'TS ROAD FROM THOMPS�N BOULEVARD TO LAKE COOK ROAD THIS AGREEMENT entered into this 1��h day of RPr� I , A.D. 2023, by and between the COUNTY OF LAKE, [Ilinois, an Illinois body politic and corporate, acting by and through its Chair and County Board, hereinafter referred to as the COUVTY, and the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, acting by and through its President and Village Board, hereinafter referred to as the VILLAGE. The COUIVTY and the VILLAGE may hereinafter be referred to collectively as"parties"and individually as a"party"to THIS AGREEME\�T. WITNESSETH WHEREAS, the COUN"I'Y and V[LLAGE, in order to facilitate the free flow of traffic and ensure the safety of the traveling public, are desirous to make certain permanent roadway and non-motorized facility improvements to Arlington Heights Road (COtJNTY Highway 79) between Thompson Boulevard and Lake Cook Road; including but not timited to road reconstruetion, sidewalk, street lighting, and landscaping (hereinafter iMPROVEMENT); as generally depicted in Exhibit A, and referred to as COLJNTY Section 17-00193-08-PV and, WHEREAS, the IMPROVEMENT limits are �enerally depicted on Exhibit A to THIS AGREEMENT,which is attached hereto and is hereby made a part hereof; and, WHEREAS,the IMPROVEMENT shall be constructed in substantial conformance with the design engineering plans and specifieations prepared by Peralte-Clark, LLC, which, by reference herein, hereby become a part hereof. As of this writing, the current version of the plans are dated 09/26/22 (Preliminary Version); and, WHEREAS, the COUNTY has jurisdictional authority and maintenance responsibility over Arlington Heights Road(COUNTY Highway 79j from Illinois Route 83 to Lake Cook Road;and, W'HEREAS,the VILLAGE has jurisdictional authority and maintenance responsibility over .Arlington Heights Road from approximately 500'south of Thompson Boulevard to Illinois Route 83; and, WHEREAS,the VILLAGE is desirous that the COLTITY include the roadway resurfacing of Arlington Heights Road from [llinois R�ute 83 to 500' south of Thompson Boulevard (hereinafter VILLAGE RESURFACING), as detailed in the PLANS as part of the IMPROVEMENT. The VILLAGE shall reimburse the COUtiT'Y for the VILLAGE RESURFACING as stipulated in Exhibit B to THIS AGREEMENT, which is attached hereto and is hereby made a par[hereof; and, Page 1 of 11 COUNTY Section Number 17-00193-O8-PV WHEREAS, the VILLAGE owns and maintains certain street lighting facilities within project limits in conflict with the proposed [MPROVEMENT, including light poles, luminaires, foundations, controllers, conduit/unit ducts, and other miscellaneous appurtenances (hereinafter STREET LIGHT[NG) that need to be modified as part of the [MPROVE;�IENT; and, WHEREAS, the COL'NTY is desirous that the VILLAGE confirm its ownership and maintenance responsibility of the existing bike path along the east side of Arlington Heights Road (COliNTY Highway 79) and existing sidewalk along the west side of Arlingtan Heights Road (COLJNTY Highway 79)within Village limits;and, WHEREAS, the VILLAGE is desirous that the CO[JNTY install a raised median, inclusive of grass(VILLAGE will provide VILALGE's preferred seed mix), which the VILLAGE will continue to own and maintain, and install replacement trees at laycee's Bicentenniai Park and at the Buffalo Creek Nature Preserve (hereinafter LANDSCAPING) as part of the IMPROVEMENT, without reimbursement from the VILLAGE; and, WHEREAS, the Intergovernmental Cooperation Act, 5 [LCS 220/1 ct seq., and Section 10 af Article VII of the Illinois Constitution, allows and encourages intergovernmental cooperation; and. WHEREAS, said I'.vIPROVEMENT will be of immediate benefit to the residents of the COLINTY and the VILLAGE; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, made and pursuant to all applicable statutes, local ordinances, and authority,the parties do hereby agree to the following: SECTION I. Recitals/Headings l. It is mutually agreed by and bet�veen the parties hereto that the foregoing preambles are hereby incorporated herein as though fully� set forth. 2. Tt is mutually agreed by and between the parties hereto that the "headings' as contained in THIS AGREEMENT are for reference only, and the actual written provisions, paragraphs and words of THIS AGREEMENT shall control. Page?of ll COCINTY Section Number 17-00193-08-PV SECTIOiV Il Design, Construction, and Maintenance of the IMPROVEMEN'T COLJNTY Section Number 17-00193-08-PV I. The COLJNTY agrees to prepare, or cause to be prepared, the necessary surveys, design engineering plans and specifieations and contract letting documents for the IMPROVEMENT, inclusive of the VILLAGE RESURFACING, STREET LIGHTING and LANDSCAPING, (hereinafter PLANS) in accordance with Lake County Division of Transportation (hereinafter LCDOT)policies and standards, with rei►nbursement from ihe VILLAGE as hereinafter stipulated. As af this �vriting, the cu�Yent PLANS are the preliminary set of plans and specificatians prepared by Peralte-Clark, LLC, with a submission date of 09/26,2�22. Said YLANS, by reference herein, hereby become a part hereof. The V"[LLAGE shall have the opportunity to review and approve said PLANS with respect to the V(LLAGE RESURFACING STREET LIGHTP.VG and LANDSCAPING. Said review and approval of the PLANS by the VILI,AGE shall not be unreasonably withheld. 2. The VILLAGE agrees it has previously reviewed and approved the VILLAGE IZEStJRFACP�IG and STREET LIGHTING portion ofthe COU'�TY's design engineering contract, included herein in Exhibits C and D. The VILLAGE further agrees that it's estimated obliaation for design engineering at the time of the writing of THIS AGREEi1�1ENT is �201,470.02 for which the VILLAGE shall reimburse the COtJNTY as hereinafter stipulated. It is undersiood that this cost is based on the original intent to reconstruct the poRion of flrlingtotl Heights Road within VILLAGE jurisd iction. 3. It is mutually agreed by and berivicen the parties hereto that the I1�ZPROVEMENT wi11 be processed, let, administered, and awarded by LCDOT. As of this writing, the anticipated letting date for the IMPROVEMENT is September 12,2023. (The letting date is subjeet to change, dependent upon project readiness and the availability of project funding.) It is further mutually a�reed by and between the parties hereto that in the event the letting date changes,the VILLAGE may request to remove the Vi[,I,AGE RESURFACING from the scope of the IYIPROVEMENT through written notification to the COLINTY and at least 60 days in advance of the scheduled letting date. 4. The COLJNTY agrees to cause the IMPROVEMENT, inclusive of the VILLAGE RESURFAC]`G, STREET LIGHTIT�(G and LANDSCAPING, to be constructed and to perform, or cause to be performed, the Construction Engineering Supervision for the IMPROVEIviENT, inclusive of the VILLAGE RESURFACING, STREET LIGHTING and LANDSCAP[NG,with reimbursement from the VILLAGE as hereinafter stipulated in E?�hibit B attached to T'HIS AGREEMENT. Page 3 of 11 COUNTY 5eetion Number l7-OQ793-08-PV �. The VILLAGE agrees to reimburse the COtJNTY for one hundred percent (100%) costs associated for the VILLAGE RESURFACING and STREET LIGHTING. (i.e. one hundred percent (l00%) of the total cost of design engineering, construction, and construction engineering supervision related to the VILLAGE RESURFACCNG and STREET LIGHTiNG). 6. The VILLAGE agrees that, in the event it requests that the COUNTY remove the VILLAGE RESURFACING from the scope of the IMPROVEMENT in accordance with [tem 3 above, the VILLAGE shall remain respunsible for one hundred percent(100%) of the cost of the design engineering for the VILIIAGE RESURFACING. 7. The VILLAGE agrees that its estimated total obligation under THIS AGREEIvIENT for the VILLAGE RESURFACING and STREET LIG�ITING constructed as a part of the IMPRQVEMENT is $1,053,87ti.52 as detailed in Exhibit B attached to THIS AGREENIENT. 8. The VILLAGE further agrees that upon award of the construction contract, the V ILLAGE wilt pay to the COUNTY within thirty {30} days of the receipt of an invoice from the COi1NTY, in a lump sum amount based on aw�arded coniract unit prices for the VILLAGE RESURFACING and STREET L[GI-[TING, an amount equal to fifty percent(50%) of its obligation for the VILLAGE RESURFACItiG and S'I'REET LIGHTING. At such time, it is estimated that the VILLAGE shall owe to the COLJNTY an amount equal to $526,938.26. The VILI.AGE further agrees to pay the rernaining tifty percent(50°/a)of its obligation for the VILLAGERESURFACING and STREET LIGHTCNG upon completion of the IMPROVEMENT, in a lump si�m amount within thirty(3�)days of the receipt of an invoice from the COL;NTY. Final obligation shall be based on the final costs and final contract quantities at contract unit prices for actual �vork performed for the V[LLAGE RESURFACI�IG and STREET LIGHTING. At such time, it is estimated that the VILLAGE shall owe to the CO[�`NTY an amount equal to $526,938.26. 9. It is mutually agreed by and beriv�een the paRies hereto that, upon completion of the IMPROVEMEN"l�, the COVTITY shall continue to have jurisdictional and maintenance responsibility over Arlington Heights Koad (COUNTY Highway 79}, from Illinois Route 83 to Lake Cook Road, and the VILLAGE sha11 continue to have jurisdictional and maintenance responsibility over Arline on Keights Road from Illinois Route 83 to 500' south of Thompson Boulevard. 10.The VILLAGE agrees to grant a R1GHT OF ENTRY permit to the COCJNTY, included herein in Exhibit E, at no cost to the COUNTY, far the purpose of installing LANDSCAPING at the Buffalo Creek Vature Preserve and Jaycee's Bicentennial Yark. 1 l. It is mutuaily agreed hy and between the parties hereto that the VILLAGE currently owns and maintains non-motorized facilities within the COUNTY right-of-way, including bi�t not limited to bike path on the east side of Arlington Heights Road (COCJNTY Highway 79) (Illinois Route 83 to Lake Cook Road) and sidewalk on the west side of Arlington Heights Road (COUNTY Fiighway 79), (Iflinois Route 83 to 50' ❑orth of Carlton Place, Page 4 of 1 I COLTNTY Section Number I 7-00193-08-PV ADA ramps at the Southeast and Northeast corners of the Arlington Heights Road (COUNTY Hi�hway 79)and Checker Road intersection and the AUA ratnp at the northeast corner of the Arlington Heights Road (COLJNTY Highway 79) and Lake Cook Road intersection), hereinafter NON-MOTORIZED FACtLITiES. 12. Upon compfetion of the [MPROVEMENT, the VILLAGE agrees to assume, or continue to assume, ownership and maintenance responsibilities over the NON-ti10TORIZED FACILIT[ES, STREET LIGHTING, and LANDSCAPI'.�IG. 13. It is mutually agreed by and between the parties hereto that the VILLAGE shall submit to the COUN"fY, for the COCTNTY's approval, an executed form, MUNICIPAL LTIL(TY/FACIL[TY ACCEPTANCE ON A COUNTY HtGHWAY (hereinafter M[JNICIPAL ACCEPTANCE FORM)by September 1,2023 to confirm its ownership and maintenance responsibilities for the NON-'.�tOTORIZED FACILCI'IES, STREET LIGEtTING, an� LANDSCAP[NG within COUNTY highway right-of-way, the approval of which shall not be unreasonably withheld by the COtJNTY. 14. It is mutually agreed by and between [he parties hereto that, absent an emergency situation, the VI[_LAGE agrees that the operation and maintenance of the NON-MOTORIZED FACILITIES and LANDSCAPING within the COUl�'TY highway right-of-way shall be in accordance with the MIP�VICIPAL ACCEPTANCE FORivt and that the VILLAGE shall perform its maintenance on the NO�-MOTORIZED FACILITIES and LA'�DSCAPING within the C4UNTY highway right-of-way during non-peak traffic times, namely on weekdays, between 9:00 am and 3:00 pm, and in accordance with current LCDOT Traffic Control Standards. SECTiON II[. General Provisions l. It is mutually agreed by and benveen the parties hereto that nothing contained in THIS AGREEMEN'I' is intended or shall be construed as, in an}� manner or form, creating or establishing a relationship of co-partners between the parties hereto, or as constituting the VILLAGE (including its elected officials,duly appointed officials,employees and agents), the agent, representative or employee of the COUNTY for any purpose or in any manner, whatsoever. Z�he VLLL�Gb is to be and shall remain independent of the COUNTY with respect to all services performed under THIS AGREEtitENT. 2. It is mutually agreed by and between the parties hereto that THIS AGREEMENT shall not be construed, in any manner or form, to limit the power or authority of the GOUNTY or the COLTNTY's County Engineer to maintain, operate, improve, construct, reconstruct, repair, manage, widen or expand COLTNTY Highways as may be best determined, as provided by law. 3. It is mutually agreed by and between the parties hereto that each party warrants and represents to the other party and agrees that: (1)THIS AGREEv1E:�T is executed by duly Pa;e 5 of 1] COUNTY Sectior.Number 17-00193-O8-PV authorized agents or offtcers of such party and that all such agents and officers have executed the same in accordance with the fawful authority vested in them, pursuant to all applicable and substantive requirements;(2)T'H[S AGREEMENT is binding and valid and will be specifically enforceable against each parry; and(3)"I�H[S AUREEMENT does not violate any presently existing provision of law nor any applicable order,writ, injunction or decree of any court or government department, commission, board, bureau, agency or instrurnentality applicable to such party. 4. It is mutual(y agreed by and between the paRies hereto that THIS AGREEMENT shall be deemed to take effect on the date that the last authorized agent of the parties hereto affixes his�fier signature. 5. lt is mutualiy agreed by and between the parties hereEo that THIS AGREEMENT shall be enforceable in any court of competent jurisdiction by each of the parties hereto by any appropriate action at law or in equity, including any action ta seeure the performance of the representations, promises, covenants, agreements and obligations contained herein. 6. It is mutually agreed by and between the parties hereto that the provisions of THIS AGREEMENT are severable. [f any provision, paragraph, section, subdivision, clause, phrase, or word of THIS AGREEMENT is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of THIS AGREEMENT. 7. It is mutually agreed by and betueen the parties hereto that the agreement of the parties hereto is contained herein, and that THIS AGREEMENT supersedes all oral agreements and negotiations beriveen the parties hereto relating to the subject matter hereof. 8. It is mutually agreed by and between the parties hereto that any alterations, amendments, deletions, or waivers of any provision of THIS .AGREE�IENT shall be valid only when expressed in writing and duly executed by the parties heret�. 4. THIS AGREEMENT shall be binding upon and inure to thc benefit of the parties hereto, their successors and assigns. No party hereto may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its duties, obligations and/or responsibilities as heretofore �et foRh in TEiIS AGREEMENT tivithout first obtaining the expressed written consent and permission of the C,OtJ'.vTY, except as provided for in THIS AGREEMENT. ]0. THIS AGREE�IENT ma�; be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute THIS AGREEMENT. t L It is mutually agreed by and between the parties hereto that any notice required by the provisions of THfS AGREEMENT shall be mailed to: Page 6 oY I 1 COUNTY Section Numbcr 17-0019±-08-PV If to the COUNTY: Director of Transportation/County Engineer Lake County Division of Transportation b00 West Winchester Raad Libertyvi(le, IL, 60048-1381 Ifto the VILLAGE OF BUFFALO GROVE: Village Administrator Village HaII 50 Raupp Blvd. BuTfalo Grove, IL 60089 12. THIS AGREEMENT shall be considered null and void in the event that the construction contracts covering the improvements contemplated herein are not awarded by January 1, 2028. This term may be extended only when expressed in writing and duly executed by the parties hereto. Page 7 of 1 i COi!'VTY Section Number 17-00193-08-PV VILLAGE OF BUFFALO GROVE ATTEST: � �� BY� �-.A�c Bev ss n 1an `'i�abi�l President Village Cserk Date: 3�?�I�Z 3 RECOMMENDED FOR EXECUTION �.� ��.�..-- Shane E. Schneider,P.E. Director of Transportation/Counry Engineer Lake County COUNTY OF LAKE ATTEST: _��.� By: —� Sandra Hart __ Chair, Lake County Board Anthony Vega �, � Clerk<. �- . � Lake CountY= - ' �. �. Date: 04/17/23 �^� � Page8of11 COUNTY Section Number 17-0O193-08-PV Exhibit A Arlington Heights Rd Reconstruction - Project Limits o ,_ , � � APTAKISIGRD APTAKISIC RD � krt�k�..=p• Q, �� . � �.. G�:��.,,t ,, x .,, � �� 3�.��es � p 'G t 4A:.;Lr.. {` , M 4.�� YQ�o � �cy a � ' , �1� `� �Lasalle�n �'yRyRIJ�G��,r Rd o � = vKnollwood�� .:- ., , a�� Care� -tr:� '(r3,,` r- u o _ ; f0 Qt � �S12'i'.?.. !}� a . l�7rr} s y' m a` �ons�� !�=_: �-� ��L-ogsdornL� r..,,Tho�Pson Blvd Ronnie� �n _ : �' �t Or ; F{ICKS RD RFD RFD � C; � =.,: �aucer�.�yay va ; .. ..,:, r ry.e�. ouhlan '. � �%-:, ,ifd��G GranFPt �S/p M' ap c _ t3reer r�w � �Z,d' �nw �� C rr.N r O . � -die � �� _ ��o, - _ � RYR� , Q-� t P��r. ;;, > .,q ; , O Gectyse ` � � y . ge� _ � �.. .a,rtaic�-� a/de� n'a`�n..' � pE,ERFIELD PKWY� d?as�as tn � �.�Y ;Q �`� � �''"d9e�ietcy�,� y'bC` Q u� o c � > o m `K Of � - `'�briss lR` n` . _ � � � _ �'E`y ,��R.�,,�. u � , ,.�rR��,�, � ��f _ � _ Q� ., , u`a� = = �� .�. m a � < ��Dr "°Sumter p� U „o � � � � `�, rL � �Bh -' � gf T7 61� ,�- ,/�� ttB�YCry"� �� 'Q �� '�� _ _ � J � o �.. .v� p� m _ .` � - �/olly Gt - a : _' , U o�� . � � �. .� .. _ �r,� ..� • �o�� _ � � 91 - '`• � ,:� � �.�sT�� ' ��or .,�� Bernay,t.n a ��00. ,, ��, p� _ m p^ Qak, � 9d . .=� �,� a = � �� o� �`�e CHECKER RD t° . � �,�,�' i�c�°' ;a,;,f,��wx,,, �ardlerna�tin � 1� �j� ^o�n k1tIE t"44E � ,•.�:.�»,� ..�t' �' ^ ,�r C•S�{,�„r.� � � z , � _ ...�. 4�i.� ,. .a : ` � �II + ,�,,,,�t..;k ��p CI.IECKE�RD v � -. � �ond�� w �. � � �ct�. a�rr.�� 9�6 u<�`� � .:�at4>7�e, = P�n CPf'�.� ' Tittl��er �' = hi�i,Qa::.�.We4dne�;Q. �`',,. _ . : cr , � I.AKE C�t�NC RD _ 1�y� G,�ac�`r �gwkes S� Mteade Ln .��." � � COOK RD „<�� : N - ' :�� F_<i��1 ��. _ �_� , � - �� :�;= � .,.aFf��C) :� .. , rt, _.,u .��1S`L'�U.�. ��;+`.��, .�; Jr; �ta � � 31LG22 J�� ,��c Exhibit A Arlington Heights Rd Reconstruction - Buffalo Grove Limits 0 93 � F Knollwood��Dr 2 t7 w p = o�rtcra � (,1. Z Fetn � O U � �xforcf Dr 3 z a � � m �x� � Q � Y`=- Thompson�Bivd1 p` o J C P O ` � E a � L a � m o� `a BICWitenrtal J J Park� OitKela Grare � ,�``.. Loy;ttv;n:.c `� (s�'+ �s3,' �,, ,.. �' � c :;nunta��7 6� p' V 'n� � S�O Br/Sr m Cy O/�� n c�`° ocG� �c CO�rtland Or� 0c� ,t.vc M�'H,EN �` 4��c „ �l RYRa ` � � ^��,,ar MC M _ �`v� � �1E h'Y R �o D = F�O� Framont Way . � 8@llT��h � r. S �� 3 Alden�Lm�, -.f��,,_n �ai`�a� _ Z CMtarena � � Pa`� z a Parker Ln � Q a � �o.�,>�>oz> �� = _ . a a '_ ,s�iSrT^.aoo�rg��vason YIdB�IOP'�.�'�,.,=a- _C, a . "" N - LCDOT Funded C��r�st�uction � - Village of Buffalo Grove F�,nded Ccnstruc;ior. (Resurfacing} �cccT�+s a;i;�izezz � ��;�_3KE�.OI�!1?y EXHIBIT B VILLAGE's Estimated Cost Participation Arlington Heights Road RESURFACING tounty Section 17-00193-08-PV Design Constructbn ` Construdion Cost;" � � Improvemeot ; Engfneering' : Engineering" ' Total Cost ' 1 VILLAGE RESURFACING � (Arlington Heights Road from IL Route 83 to"'S00'south of Thompson Blvd) $159,632.02 ! $6,516.50 565,165.00 i $231,313.52 ' i I STREET LIGHTIN6(at intersections south of IL Rou2e i i 83 and approach lighting at IL ' $41,838.00 ; $70,975.00 $709,750.00 $822,563.00 Route 83) i � ` f i i Overall Total Cost � $ip53,87652 *L�esign Engineering estimated costs are from contracts provided by Peralte-Clark,LLC(RESIJRFACENG)and Singh&Associates,[nc. (Li�hting).It slould be noted that Design Engineering eosts(RESURFACENGI are based on the original intent to reconstruct[his portion ofthe project. *"Construction 6ngi�eering is calculated at 10"/0 ofeonstruction costs *"Coastruction Cost uCilizes preliminary cost estimates from Peralte-Clark,LLC(RESURFACING)and Singh& Associates, lnc.(Lighting} Pagellofll Ct)UNTY Section�umber 17-0019i-08-PV Exhibit E RIGHT-OF-ENTRY PERMIT Arlington Heights Road Road Name CH 79 County Highway Number Buffalo Creek Nature Preserve, Buffalo Grove Location 193 Section Number It is to the mutual benefit of the Lake County Division of Transportation and the undersigned that the Lake County Division of Transportation be given the right to enter upon the property of the undersigned. Now,therefore, the undersigned, being one of the fee or beneficial owners of certain real estate located at, or identifted in the County tax record as PIN number 15-32-309-001 to the Lake County Division of Transportation, State of Illinois, for its use and use of others designated by it, the right and privilege to enter upon said real estate for the purpose of installing trees at the Village of Buffalo Grove's Buffalo Creek Nature Preserve. The said work is to be done in a good and workmanlike manner, and the expense thereof to be assumed by the said Division. It is also agreed that the premises will be left in a neat and presentable condition. This permit shall expire upon completion of the highway work. Dated this �� of v� , 2023. Bever y Suss a Village Presiden �:�.}.� ��;�f>>, Lake County I(linois �� t'`"' �� , � Certified Copy , � resolutian: 23-0443 Fil� Number: 23-0443 Jcint resolu:ion authorizing a^ agreement with the Village of Buffalo Grove for improveinen.s to .Arlington Heights Road, from Illinois Route 83 to �ake-Cook Road. RESO�UTION WHEREAS, Arlington Heights Road from Illino s Route 83 to Lake-Cook Road, County Highway 79, is a designatea route o� the County highway system, and WHEREAS, Arlington Heights Road, from Ilfinois Route 83 to 500 feet south of Thompson Bouievard, is under t;ne jurisd:ction of the Village o` Buffalo Grove (Village); and WHEREAS, to ensure the free f{ow o;traffic and the safety and welfare of the traveling p��blic, Lake Courty and the Village believe it would be beneficial to make irnUrevements to Arfington Heights Road; and WHEREAS, the Village owns street lighting within the project limits requiring relocation; ar�d WHER�AS, the Village requested that the segmert of Arlington Heights Road under its ju�;sdic±ion be resurfaced as part of the project; and WHEREAS, Lake County and the Village are desirous of entering into an agreement stating the terms and conditions for the Village's participatior in �his praj2ct, a draf; copy of whicr�� is attached hereto. NOW, THEREFORE, BE IT RESOLVED, by this Lake County Board, that the County Board Chair, the County Clerk, and the County Engineer of Lake County, Illincis, are auth�rized, and are hereby directed to erter into an agreement, and any amendments, between Lake County and the Vi:lage of Buffalo Grove stating the terms and conditions for the Viliage's participation ir the A�lington Heights Raad improvement pro;ect, and designated as Section 17-00193-08-PV. BE iT FURTHER RESOLVED, that the County Engineer shalf transmit, in writing, the final agreemen; and any amendrnents: to be executed by the County Board Chair and the Caunty CEerk. D,�TED at Waukegan, Illinais, on April 11, 2023. taka Counf��lftinois Page 1 Pr�n'ed on 4/2C12(123 � Y-1��;,..R'.�... �:-'�i��J.; i, Anthony Vega, County Clerk, �n and for said Lake Cou,�ty, �liinois, in fhe S!ate aforesaid, and Keeper of the records and files thereof, as provided by statute, do hereby certify that this is a true copy of resolutj�a N�. 23-0443, passed by the Lake Caunty F3oard on 4l11,2023. •� _ . ';%� r. ; •- . ._ Q (_-�" �<� �� -- — Attes4: ' � _ ` - >=- �~� April 20, 2023 . � � "��°�'� � Date Certified Laku County fllinois Page 2 Printetl on Ql2012023 AGREEMENT BETWEEN THE COUNTY OF LAKE AND THE VILLAGE OF BUFFALO GROVE FOR THE IMPROVEMENT OF ARLINGTON HEIGHTS ROAD FROM THOMPSON BOULEVARD TO LAKE COOK ROAD THIS AGREEMENT entered into this day of , A.D. 2023, by and between the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate, acting by and through its Chair and County Board, hereinafter referred to as the COUNTY, and the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, acting by and through its President and Village Board, hereinafter referred to as the VILLAGE. The COLJNTY and the VILLAGE may hereinafter be referred to collectively as "parties" and individually as a "party" to THIS AGREEMENT. WITNESSETH WHEREAS, the COCINTY and VILLAGE, in order to facilitate the free flow of traffic and ensure the safety of the traveling public, are desirous to make certain permanent roadway and non-motorized facility improvements to Arlington Heights Road (COUNTY Highway 79) between Thompson Boulevard and Lake Cook Road; including but not limited to road reconstruction, sidewalk, street lighting, and landscaping (hereinafter IMPROVEMENT); as generally depicted in Exhibit A, and referred to as COUNTY Section 17-00193-08-PV and, WHEREAS, the IMPROVEMENT limits are generally depicted on Exhibit A to THIS AGREEMENT, which is attached hereto and is hereby made a part hereof; and, WHEREAS,the IMPROVEMENT shall be constructed in substantial conformance with the design engineering plans and specifications prepared by Peralte-Clark, LLC, which, by reference herein, hereby become a part hereof. As of this writing, the current version of the plans are dated 09/26/22 (Preliminary Version); and, WHEREAS, the COUNTY has jurisdictional authority and maintenance responsibility over Arlington Heights Road (COUNTY Highway 79) from Illinois Route 83 to Lake Cook Road;and, WHEREAS,the VILLAGE has jurisdictional authority and maintenance responsibility over Arlington Heights Road from approximately 500' south of Thompson Boulevard to Illinois Route 83; and, WHEREAS, the VILLAGE is desirous that the COUNTY include the roadway resurfacing of Arlington Heights Road from illinois Route 83 to 500' south of Thompson Boulevard (hereinafter VILLAGE RESURFACING), as detailed in the PLANS as part of the IMPROVEMENT. The VILLAGE shall reimburse the COUNTY for the VILLAGE RESURFACING as stipulated in Exhibit B to THIS AGREEMENT, which is attached hereto and is hereby made a part hereof; and, Page 1 of 11 COUNTY Section Number 17-00193-08-PV WHEREAS, the VILLAGE owns and maintains certain street lighting facilities within project limits in conflict with the proposed IMPROVEMENT, including light poles, luminaires, foundations, controllers, conduit/unit ducts, and other miscellaneous appurtenances (hereinafter STREET LIGHTING) that need to be modified as part of the IMPROVEMENT; and, WHEREAS, the COUNTY is desirous that the VILLAGE confirm its ownership and maintenance responsibility of the existing bike path along the east side of Arlington Heights Road (COUNTY Highway 79) and existing sidewalk along the west side of Arlington Heights Road (COUNTY Highway 79) within Village limits; and, WHEREAS, the VILLAGE is desirous that the COUNTY install a raised median, inclusive of grass (ViLLAGE will provide ViLALGE's preferred seed mix), which the VILLAGE will continue to own and maintain, and install replacement trees at Jaycee's Bicentennial Park and at the Buffalo Creek Nature Preserve (hereinafter LANDSCAPING) as part of the IMPROVEMENT, without reimbursement from the VILLAGE; and, WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 ct seq., and Section 10 of Article VII of the Illinois Constitution, allows and encourages intergovernmental cooperation; and, WHEREAS, said IMPROVEMENT will be of immediate benefit to the residents of the COLJNTY and the VILLAGE; NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, made and pursuant to all applicable statutes, local ordinances, and authority, the parties do hereby agree to the following: SECTION I. Recitals/Headings 1. It is mutually agreed by and between the parties hereto that the foregoing preambles are hereby incorporated herein as though fully set forth. 2. It is mutually agreed by and between the parties hereto that the "headings" as contained in THIS AGREEMENT are for reference only, and the actual written provisions, paragraphs and words of TH1S AGREEMENT shall control. Page2of11 COUNTY Section Number 17-00193-08-PV SECTION II Design, Construction, and Maintenance of the IMPROVEMENT COUNTY Section Number 17-00193-08-PV l. The COLINTY agrees to prepare, or cause to be prepared, the necessary surveys, design engineering plans and specifications and contract letting documents for the IMPROVEMENT, inclusive of the VILLAGE RESURFACING, STREET L[GHTING and LANDSCAPING, (hereinafter PLANS) in accordance with Lake County Division of Transportation (hereinafter LCDOT) policies and standards, with reimbursement from the VILLAGE as hereinafter stipulated. As of this writing, the current PLANS are the preliminary set of plans and specifications prepared by Peralte-Clark, LLC, with a submission date of 09/26/2022. Said PLANS, by reference herein, hereby become a part hereof. The VILLAGE shall have the opportunity to review and approve said PLANS with respect to the VILLAGE RESURFACING STREET LIGHTING and LANDSCAPING. Said review and approval of the PLANS by the VILLAGE shall not be unreasonably withheld. 2. The VILLAGE agrees it has previously reviewed and approved the VILLAGE RESURFACING and STREET LIGHTING portion of the COUNTY's design engineering contract, included herein in Exhibits C and D. The VILLAGE further agrees that it's estimated obligation for design engineering at the time of the writing of THIS AGREEMENT is $201,470.02 for which the V[LLAGE shall reimburse the COUNTY as hereinafter stipulated. It is understood that this cost is based on the original intent to reconstruct the portion of Arlington Heights Road within V[LLAGE jurisdiction. 3. lt is mutually agreed by and between the parties hereto that the IMPROVEMENT will be processed, let, administered, and awarded by LCDOT. As of this writing, the anticipated letting date for the IMPROVEMENT is September ]2, 2023. (The letting date is subject to change, dependent upon project readiness and the availability of project funding.) It is further mutually agreed by and between the parties hereto that in the event the letting date changes, the VILLAGE may request to remove the VILLAGE RESURFACING from the scope of the IMPROVEMENT through written notification to the COUNTY and at least 60 days in advance of the scheduled letting date. 4. The COLJNTY agrees to cause the IMPROVEMENT, inclusive of the VILLAGE RESURFAC[NG, STREET LIGHTING and LANDSCAPING, to be constructed and to perform, or cause to be performed, the Construction Engineering Supervision for the IMPROVEMENT, inclusive of the VILLAGE RESURFACING, STREET LIGHTING and LANDSCAPING, with reimbursement from the VILLAGE as hereinafter stipulated in Exhibit B attached to THIS AGREEMENT. Page 3 of I 1 CO[INTY Section Number 17-00193-08-PV 5. The V[LLAGE agrees to reimburse the COUNTY for one hundred percent (100°/o) costs associated for the VILLAGE RESURFACING and STREET LIGHTING. (i.e. one hundred percent (100%) of the total cost of design engineering, construction, and construction engineering supervision related to the V[LLAGE RESURFACING and STREET L1GHT[NG). 6. The V[LLAGE agrees that, in the event it requests that the COUNTY remove the VILLAGE RESURFACING from the scope of the IMPROVEMENT in accordance with Item 3 above, the VILLAGE shall remain responsible for one hundred percent (100%) of the cost ofthe design engineering for the V[LLAGE RESURFACING. 7. The V[LLAGE agrees that its estimated total obligation under THIS AGREEMENT for the VILLAGE RESURFACING and STREET LIGHTING constructed as a part of the IMPROVEMENT is $1,053,876.52 as detailed in Exhibit B attached to THIS AGREEMENT. 8. The V[LLAGE further agrees that upon award ofthe construction contract, the VILLAGE will pay to the COLTNTY within thirty (30) days of the receipt of an invoice from the COUNTY, in a lump sum amount based on awarded contract unit prices for the VILLAGE RESURFACING and STREET LIGHTING, an amount equal to fifty percent(50%) of its obligation for the VILLAGE RESURFACING and STREET LIGHTING. At such time, it is estimated that the VILLAGE shall owe to the COUNTY an amount equal to $526,938.26. The VILLAGE further agrees to pay the remaining fifty percent(50%) of its obligation for the VILLAGERESURFACING and STREET LIGHTING upon completion ofthe IMPROVEMENT, in a lump sum amount within thirty(30)days of the receipt of an invoice from the COUNTY. Final obligation shall be based on the final costs and final contract quantities at contract unit prices for actual work performed for the VILLAGE RESURFACING and STREET LIGHTING. At such time, it is estimated that the VILLAGE shall owe to the COUNTY an amount equal to $526,938.26. 9. It is mutually agreed by and between the parties hereto that, upon completion of the IMPROVEMENT, the COLINTY shall continue to have jurisdictional and maintenance responsibility over Arlington Heights Road (COUNTY Highway 79), from [llinois Route 83 to Lake Cook Road, and the VILLAGE shall continue to have jurisdictional and maintenance responsibility over Arlington Heights Road from Illinois Route 83 to 500' south of Thompson Boulevard. 10. The V[LLAGE agrees to grant a RIGHT OF ENTRY permit to the COUNTY, included herein in Exhibit E, at no cost to the COUNTY, for the purpose of installing LANDSCAPING at the Buffalo Creek Nature Preserve and Jaycee's Bicentennial Park. 1 1. It is mutually agreed by and between the parties hereto that the VILLAGE currently owns and maintains non-motorized facilities within the COUNTY right-of-way, including but not limited to bike path on the east side of Arlington Heights Road (COUNTY Highway 79) (Illinois Route 83 to Lake Cook Road) and sidewalk on the west side of Arlington Heights Road (COLJNTY Highway 79), (Illinois Route 83 to 50' north of Carlton Place, Page 4 of 11 COLJNTY Section Number 17-00193-08-PV ADA ramps at the Southeast and Northeast corners of the Arlington Heights Road (COUNTY Highway 79)and Checker Road intersection and the ADA ramp at the northeast corner of the Arlington Heights Road (COUNTY Highway 79) and Lake Cook Road intersection), hereinafter NON-MOTORIZED FACILITIES. 12. Upon completion of the [MPROVEMENT, the V[LLAGE agrees to assume, or continue to assume, ownership and maintenance responsibilities over the NON-MOTORIZED FACILITIES, STREET LIGHTING, and LANDSCAPING. 13. It is mutually agreed by and between the parties hereto that the VILLAGE shall submit to the COUNTY, for the COLINTY's approval, an executed form, MLTNICiPAL UTILITY/FACILITY ACCEPTANCE ON A COUNTY HIGHWAY (hereinafter MUNICIPAL ACCEPTANCE FORM)by September 1,2023 to confirm its ownership and maintenance responsibilities for the NON-MOTORIZED FACIL[TIES, STREET LIGHTING, and LANDSCAPING within COUNTY highway right-of-way, the approval of which shall not be unreasonably withheld by the COUNTY. 14. It is mutually agreed by and between the parties hereto that, absent an emergency situation, the VILLAGE agrees that the operation and maintenance of the NON-MOTORIZED FACILITIES and LANDSCAPING within the COUNTY highway right-of-way shall be in accordance with the MUNICIPAL ACCEPTANCE FORM and that the VILLAGE shall perform its maintenance on the NON-MOTORIZED FACILITIES and LANDSCAPING within the COUNTY highway right-of-way during non-peak traffic times, namely on weekdays, between 9:00 am and 3:00 pm, and in accordance with current LCDOT Traffic Control Standards. SECTION III. General Provisions 1. It is mutually agreed by and between the parties hereto that nothing contained in THIS AGREEMENT is intended or shall be construed as, in any manner or form, creating or establishing a relationship of co-partners between the parties hereto, or as constituting the VILLAGE (including its elected officials, duly appointed officials, employees and agents), the agent, representative or employee of the COUNTY for any purpose or in any manner, whatsoever. The VILLAGE is to be and shall remain independent of the COLTNTY with respect to all services performed under THIS AGREEMENT. 2. It is mutually agreed by and between the parties hereto that THIS AGREEMENT shall not be construed, in any manner or form, to limit the power or authority of the COUNTY or the COiJNTY's County Engineer to maintain, operate, improve, construct, reconstruct, repair, manage, widen or expand COUNTY Highways as may be best determined, as provided by law. 3. It is mutually ageed by and between the parties hereto that each party warrants and represents to the other party and agrees that: (1) THIS AGREEMENT is executed by duly Page 5 of 11 COUNTY Section Number 17-00193-08-PV authorized agents or officers of such party and that all such agents and officers have executed the same in accordance with the lawful authority vested in them, pursuant to all applicable and substantive requirements, (2) THIS AGREEMENT is binding and valid and will be specifically enforceable against each party; and (3) THIS AGREEMENT does not violate any presently existing provision of law nor any applicable order, writ, injunction or decree of any court or government department, commission, board, bureau, agency or instrumentality applicable to such party. 4. It is mutually agreed by and between the parties hereto that THIS AGREEMENT shall be deemed to take effect on the date that the last authorized agent of the parties hereto affixes his/her signature. 5. It is mutually agreed by and between the parties hereto that THIS AGREEMENT shall be enforceable in any court of competent jurisdiction by each of the parties hereto by any appropriate action at law or in equity, including any action to secure the performance of the representations, promises, covenants, agreements and obligations contained herein. 6. It is mutually agreed by and between the parties hereto that the provisions of THIS AGREEMENT are severable. If any provision, paragraph, section, subdivision, clause, phrase, or word of THIS AGREEMENT is for any reason held to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of THIS AGREEMENT. 7. It is mutually agreed by and between the parties hereto that the agreement of the parties hereto is contained herein, and that THIS AGREEMENT supersedes all oral agreements and negotiations between the parties hereto relating to the subject matter hereof. 8. It is mutually agreed by and between the parties hereto that any alterations, amendments, deletions, or waivers of any provision of THIS AGREEMENT shall be valid only when expressed in writing and duly executed by the parties hereto. 9. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. No party hereto may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its duties, obligations and/or responsibilities as heretofore set forth in THIS AGREEMENT without first obtaining the expressed written consent and permission of the COUNTY, except as provided for in THIS AGREEMENT. 10. THIS AGREEMENT may be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute THIS AGREEMENT. 1 l. It is mutually agreed by and between the parties hereto that any notice required by the provisions of THIS AGREEMENT shall be mailed to: Page 6 of 11 COUNTY Section Number 17-00193-08-PV If to the COUNTY: Director of Transportation/County Engineer Lake County Division of Transportation 600 West Winchester Road Libertyville, IL, 60048-1381 Ifto the VILLAGE OF BUFFALO GROVE: Village Administrator Village Hall 50 Raupp Blvd. Buffalo Grove, IL 60089 12. THIS AGREEMENT shall be considered null and void in the event that the construction contracts covering the improvements contemplated herein are not awarded by January l, 2028. This term may be extended only when expressed in writing and duly executed by the parties hereto. Page 7 of 11 COIINTY Section Number 17-OO193-08-PV Exhibit A Arlington Heights Rd Reconstruction - Project Limits o . , � < APTAKISIC RD APTAKISIC RD Z ;,d!,K:�..�� c � �� • �� - �L03aaa '�,� T �� 3`-a�� , _� o ��`4+,. � � �'�°� Ly�,,��`� = Cy a = _ �y ��. ��asalle Ln �NRyR��o��r Rd a � _ ,Knollwood�r „ , a�� Care� , a ,;�,,.k �Qa�•� "-�,� � �1 ��' _ : m �r = ,�o`oe �'=i a�� Logsdon'�Ln �.; ThomPson Blvd Ronnie�` � - C� ',;,,:. �\ Dr - p � �aucer.:Way a` _, .: H�CKS RD RFD RFD 53, 53 r� � Dr r:� ..;;e�� ourtlan�y � '' �a� p Grant-Pl � - � <:s �� a �:1,,;. Sfoi alC � a' Q' � �..�R� - _ �aK� � W I _ �� _ - � Rp . , �� ` P2�: � > Gettysb ;ca;ifiax�-� Ald gelmar�n;o,� : ' � � �_ EFtFIELD PKWY� � _ �7 � `�, � pE ?assas� U, � a,. � R`0'sef� 'y O � o _ ld t'tj -.� v \\° c � - —� �n �''S� LL � "'�b�ISS Lh .n � r µ C �w hrt�� ?�I�xt - lL � - (A � •` ,.r '/� Cammuntty� � �j�. �. Q I , i� a. 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(D -_ �n OCp �HEcK�R R � ? -, mo�d .t �� D -, R�ch. ��rrai� qubU�� _ �:'-eE�.'�Otx�St " .� �. �f_l. .. _ _ Timk�er `W �� = �`-ry Ni/iR�.._ eidn � F _ �4a '''�� LAKE COOK RD = {iy �c�r Nawkes St Meade Ln "�� Q�� Gr COOK RD �_.��,�,,K F�, Credds:Lake Counry,IllinoisGlSMlapphg Division 0 0.05 0.1 02 0.3 mi N - LCDOT Funded Construction n /V - Villag� o� Buftalo Gro�le Fun.ded Corsiruc`;o� ;P,es�;�r`acirg; LCDOTGIS si,ai2oz2 �lt��arcP �, Exhibit A Arlington Heights Rd Reconstruction - Buffalo Grove Limits 0 �:� � � Knollwood�Dr _ C9 w o = o<-��u � Z Park � O �j � Oxford Dr � Z � J � O�C Q � r�, Z Thompson Blvd� p � _ � � J Q ~ C � Q' � L � � O� N Bicen'er,�al � _� J Patx� 8�'t�lo Grt�r� � �"� :�.c��.-i r - ,5� �3 �� ,!� � Courtland�{ rd � �� , S�O B S ,_, (D� /) �`° s� r��' �83' v � G �° �tana .�. , oc� �c �� `�� ,� MCHEN � ��a C°'� RVRD l��,. ��ti� � � � J M�HENRV RD o� - � t`'ttf , - F� Fremont Way �v r G '�� 8�tr�a��n r`n r 1: 2 �� Alden Ln �� ,;r,:,�;,- Fair�aX = „ Z � �rn.tens O 0 Fa�� z Q Parker Ln J Q � — ,J a Credds:Lake Counry,IllinoisGlSMlappirg Division VIUe�1Ce L11'��'"��-'" 0 0.0125.025 0.05 0.075 mi N - LCDOT Fur�ded Cons:ru�tian � - Village of Buffalo Grove Funci�=� C�nstrucri�� Res�sr�a�inu; �c�oTc�s v � si�aizo22 � ��akP o EXHIBIT B VILLAGE's Estimated Cost Participation Arlington Heights Road RESURFACING County Section 1 7-001 93-OS-PV Design Construction Construction Cost*** Improvement Engineering* Engineering** Total Cost VILLAGE RESURFACING (Arlington Heights Road from IL Route 83 to ^'S00'south of Thompson Blvd) $159,632.02 $6,516.50 $65,165.00 $231,313.52 STREET LIGHTING (at intersections south of IL Route 83 and approach lighting at IL $41,838.00 $70,975.00 $709,750.00 $822,563.00 Route 83) Overall Total Cost $1,053,876.52 *Design Engineering estimated costs are from contracts provided by Peralte-Clark,LLC(RESURFACING)and Singh&Associates,Inc. (Lighting). It should be noted that Design F,ngineering costs(RESURFAC[NG)are based on the original intent to reconstruct this portion of the project. **Construction Engineering is calculated at 10%ofconstruction costs ***Construction Cost utilizes preliminary cost estimates from Peralte-Clark, LLC(RF.SURFACING)and Singh& Associates, Inc.(Lighting) Page 1 1 of 1 1 CO[JNTY Section Number 17-00193-08-PV VILLAGE OF BUFFALO GROVE ATTEST: � �c�s� �'�ti�, By� a .,_�___� w Bev ss n Jan Sj�abian President Village Clerk Date: RECOMMENDED FOR EXECUTION Shane E. Schneider, P.E. Director of Transportation /County Engineer Lake County COUNTY OF LAKE ATTEST: By: Sandra Hart Chair, Lake County Board Anthony Vega Clerk Lake County Date: Page 8 of 1 l COLTNTY Section Number 17-00193-08-PV Exhibit E RIGHT-OF-ENTRY PERMIT Arlington Heights Road Road Name CH 79 County Highway Number Buffalo Creek Nature Preserve, Buffalo Grove Location 193 Section Number It is to the mutual benefit of the Lake County Division of Transportation and the undersigned that the Lake County Division of Transportation be given the right to enter upon the property of the undersigned. Now, therefore, the undersigned, being one of the fee or beneficial owners of certain real estate located at, or identified in the County tax record as PIN number 15-32-309-OOl to the Lake County Division of Transportation, State of III inois, for its use and use of others designated by it, the right and privilege to enter upon said real estate for the purpose of instailing trees at the Village of Buffalo Grove's Buffalo Creek Nature Preserve. The said work is to be done in a good and workmanlike manner, and the expense thereof to be assumed by the said Division. It is also agreed that the premises will be left in a neat and presentable condition. This permit shall expire upon completion of the highway work. Dated this of , 2023. Bever y Sussma Village Presiden