2003-45s 1 1 0
RESOLUTION NO. 2003- 45
A RESOLUTION APPROVING A REVISED
INTERGOVERNMENTAL AGREEMENT WITH
WHEELING TOWNSHIP CONCERNING THE DUNLO
HIGHLANDS STORM SEWER
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove
desire to facilitate the implementation of the Dunlo Highlands Storm Sewer; and,
WHEREAS, the approval of an agreement with Wheeling Township is required
concerning the storm sewer.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Buffalo Grove, Lake and Cook Counties, Illinois, that the President is hereby
authorized and directed to execute the "Intergovernmental Agreement Between the Wheeling
Township Highway Commissioner and the Village of Buffalo Grove." A copy of said
agreement is attached hereto and made a part hereof. That Village Resolution 2003 -44 is
hereby repealed.
AYES: 6 - Braiman, Glover, Berman. Johnson, Kahn, Trilling
NAYES: 0 — None
ABSENT: 0 — None
PASSED: November 17 , 2003
APPROVED: November 17 .2003
APPROVED:
Village President
ATTEST:
Villa lerk
GAENG[NEEMOrd & Res\ResO3 -6.dce
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INTERGOVERNMENTAL AGREEMENT BETWEEN THE
WHEELING TOWNSHIP HIGHWAY COMMISSIONER AND
THE
VILLAGE OF BUFFALO GROVE
THIS AGREEMENT made and entered into by and between the Wheeling
Township Highway Commissioner (the "Highway Commissioner ") and the Village of
Buffalo Grove (the "Village "); collectively referred to herein as "the Parties ";
WHEREAS, this Agreement is entered into pursuant to Article 7, Section 10 of
the 1970 Illinois Constitution and the Illinois Intergovernmental Cooperation Act; and
WHEREAS, this Agreement is made for the purpose of allowing the Highway
Commissioner to install a clear water storm sewer system ( "Storm Sewer ") in certain
public rights of way and an easement which share coterminous boundaries between
Wheeling Township and the Village of Buffalo Grove; and
WHEREAS, the Village has acquired from Citibank FSB a storm sewer easement
over a portion of the Citibank premises as depicted on Exhibit B hereto ( "Citibank
Easement ") for a storm sewer.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED, that the Parties
do hereby enter into this Agreement pursuant to the authority provided by the
Intergovernmental Cooperation Act as follows:
1. PREAMBLE INCORPORATED.
The foregoing Preamble is incorporated herein as if fully set forth hereby.
2. LICENSE AUTHORIZED.
2.1 The Highway Commissioner is hereby granted a license in the rights of
way and Citibank Easement which share coterminous boundaries between Wheeling
Township and the Village of Buffalo Grove as identified in the attached Exhibit A and
Exhibit B for purposes of installing the clear water Storm Sewer. The subject Storm
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Sewer is depicted on Exhibit A hereto and is inclusive from the manhole at STA. 1 +76
through the manhole at STA. 6 +76.
2.2 Upon acceptance by the Village, the Village shall maintain, operate and
control the Storm Sewer located within the Village's incorporated area (subject to
paragraph 2.3). This sewer operation and maintenance shall be in addition to the
Village's on -going operations of its storm sewer systems within the rest of the Village.
2.3 The Village shall not tap -on or otherwise make or allow any connections
or disconnections to the Storm Sewer without the written consent of the Highway
Commissioner. The Highway Commissioner shall have sole discretion to allow the
Village or any other entity or person to tap on or otherwise make any connections or
disconnections to the Storm Sewer. The Highway Commissioner at his sole discretion
shall have the right to tap into or otherwise allow a connection or disconnection to the
Storm Sewer located within the Village's incorporated area by providing the Village with
written notice.
2.4 Upon, the Village approval of the completion of the installation of the
Storm Sewer, the Highway Commissioner shall convey the Storm Sewer located within
the Village's incorporated area to the Village by means of a Bill of Sale (subject to the
restriction in the foregoing paragraph 2.3).
3. MUTUAL INDEMNIFICATION
The Highway Commissioner and the Village agree to hold the other harmless for
any claims and/or liabilities arising from the Highway Commissioner's or Village's
sewer operations conducted pursuant to this Agreement caused by the other party's acts
or omissions for which the indemnifying party is legally responsible.
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4. ENFORCEMENT OF AGREEMENT /TERMINATION
4.1 Neither the Village or the Highway Commissioner may assign or transfer
its rights under this Agreement to any party without the Village's or Highway
Commissioner's written consent.
4.2 This Agreement shall be interpreted and enforced in accordance with the
laws of Illinois.
4.3 This Agreement shall become effective on the date of the last to sign of
the Highway Commissioner and the Village President. This Agreement may be executed
in counterparts each of which shall be considered an original.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the
dates set forth below.
WHEELING TOWNSHIP HIGHWAY
COMMIS ONE
By:
Hi ghyeay CommissionVVeer,,'.
Attest: l�
Cler
Dated: 3t %ifJ�3
VILLAGE OF
BUFFALO GROVE
By: /.
Village President
Attest:
Vi age Clerk
Dated: P0 V,, 1 -7) 2-0�2
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BUFFALO GROVE
CORP ❑ATE LIMITS
WHEELING TOWNSHIP
EXHIBIT "A"
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"FJMIBIT B"