1984-78 RESOLUTION NU. 84-78
8 RESOLUTION APPROVING AM AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING
THE BUFFALO CREEK DETENTION RESERVOIR
WHEREAS, the Lake County Forest Preserve District, the Metropolitan
Sanitary District of Greater Chicago and the Village of Buffalo Grove previously
entered into an agreement for the Buffalo Creek Retention Reservoir on
December 20, 1983, and;
WHEREAS, the Village has agreed to perform maintenance on part of the
reservoir site, some of which had been specifically described in the previous
agreement, and;
WHEREAS, the Forest Preserve District has revised its plans for the
improvement of the site so as to require maintenance operations which are different
than those previously specifically agreed to, and;
WHEREAS, the Village is willing to modify the maintenance operations it
will perform on the reservoir site;
NOW, THEREFORE" BE IT RESOLVED by the President and Board of Trustees of
the Village of Buffalo Grove, Luke and Cook Counties, Illinois as fu/|awo:
l. The agreement entitled, "Agreement Amending a Previous Agreement
Between the Lake County Forest Preserve District, the Metropolitan
Sanitary District of Greater Chicago and the Village of Buffalo
Grove for the Buffalo Creek Retention Reservoir Luke County, Illinois",
is hereby appruved. A copy of said agreement is attached hereto
and made a part hereof.
2. The Village President is hereby authorized and directed to execute
the agreement.
AYES: 5 - marienchaz, Stone, O'Reilly, aarcoLein` Glover
NAYS: o None
ABSENT: I - Reid
PASSED: 1r
� , 1984
Village President
ATTEST:
71TIllage Clerk
AGREF14ENT
AMENDING A PREVIOUS AGREEMENT
BETWEEN THE
LAKE COUNTY FOREST PRESERVE DISTRICT
AND THE
VILLAGE OF BUFFALO GROVE, ILLINOIS
AND THE
METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO
FOR
THE BUFFALO CREEK RETENTION RESERVOIR
LAKE COUNTY, ILLINOIS
This agreement, made and entered into, this r day of D1cc,11;,,x 1984, by
and between the Lake County Forest Preserve District, a Municipal
corporation. hereinafter referred to as the "Forest Preserve District", and
The Metropolitan Sanitary District of Greater Chicago, a Municipal
corporation, hereinafter referred to as the "Sanitary District", and the
Village of Buffalo Grove, Illinois a Municipal corporation, hereinafter
referred to as the "Village". -
WITNESSETH, THAT
WHEREAS, all the parties are legal entities organized and existing
under the laws of the State of Illinois, having among their powers the
construction of flood control projects; and
WHEREAS, the parties to this agreement previously entered an
agreement for the Buffalo Creek Retention Reservoir on December 20, 1973; and
WHEREAS, the Village has agreed to perform maintenance on part of
the reservoir site, some of which had been specifically described in the
previous agreemeats-and
WHEREAS, the 'Forest Preserve District has revised its plans for the
improvement of the site so as to require maintenance operations which are
different than -those previously specifically agreed to; and
WHEREAS, the Village is willing to modify the maintenance
operations it will perform on the reservoir site;
NOW, THEREFORE, it is agreed as follows:
1. Subsection 3.A of the agreement between the Lake County Forest
Preserve District and the Village of Buffalo Grove and the
Metropolitan Sanitary District of Greater Chicago for the
Buffalo Creek Retention Reservoir, Lake County, Illinois dated
December 20, 1973 is amended to read as follows.
A. Maintenance
The Village at its own cost and expense, shall maintain in
perpetuity the site described below. The Village shall have
complete access to the site at all times- Maintenance
responsibility of the Village shall include, but not be
limited to removal of all trash, debris, ice/or any other
matter which does impede the proper and free flow of water
in the -reservoir or prevent proper operation of the completed
reservoir project. The area to be maintained by the Village
shall be the site (hereinafter sometimes referred to as
Maintenance Site) bounded as follows; Arlington Heights Road
to the east (excepting the Popp life estate), Checker Road
to the north (excepting the Schalzetti property), Schaeffer
Road to the west, (excepting the Keiser property) and
,Lake-Cook Road to the south (as denoted on Exhibit A). Survey
monuments shall be constructed and maintained on the boundary
corners of the Maintenance Site by the Forest Preserve
District. The Maintenance Site is to be maintained as a
natural prairie/wetland preserve. The maintenance will
include;
1, Mowing the 3.15 acre area adjacent to the emergency
spillway and dam as denoted on Exhibit A at two inch
(_2") height twice a year in April and October. In years
when the Village -burns the 3.15 acre area adjacent to
the spillway and dam as described in 2 below, only one
mowing will be necessary.
Burning the entire Maintenance Site or portions thereof
every other year in or as near as possible to April or
October. Areas to be burned and the month of burns shall
be mutually determined by the Forest Preserve District,
an nd1the Village Fire Chief, based upon public safety
considerations and conformance to any IEPA or other
applicable regulations. The Village will obtain any
required 1EPA permit.
3. Mowing fire breaks around the perimeter of the property
and within the property if desired by the Forest Preserve
District. Said lanes will be up to one hundred feet
(1001 ) in width and mowed at three inches (3") in height
so as to maintain a height of less than six inches (6") .
4. mowing all prairie areas in the Maintenance Site to a
height of six inches (6") during the first two growing
seasons and controlling any noxious weeds during the first
three growing seasons following prairie planting. The
Forest Preserve District will determine what constitutes
noxious weeds and specify their control.
All current structures (including the currently proposed
spillway modification) within the Maintenance Site shall be kept
clear of any and all debris to permit free flow of water at any
and all times and the said structures maintained in a satisfactory
condition or in such a manner as will provide the designed waterway
capacity during flood, low flow and at all other periods; any
capacity
water bodies and their shoreline, and any water
discharged from said reservoir, shall be maintained so as not to
create a nuisance and so as to comply with applicable water quality
standards.
The Sanitary District shall maintain the structural integrity
of flood control facilities which shall include all dams, levees,
dikes, outlet control structures and spillways_
Joint inspection shall be made by the Sanitary District, the
Forest- Preserve District and the Village during April and October
of each year, and at such other times as conditions may require
in order to assure adequate maintenance of the Maintenance Site.
In the event of the failure of the Village to properly perform
maintenance in -accordance with the terms of this Agreement, the
Sanitary- District or Forest Preserve District may issue a thirty
(30} day notice to the Village in writing directing such
maintenance. If the maintenance has not commenced on or before
thirty (30) days after receipt of such notice, the Sanitary
District or Forest Preserve District may cause such maintenance
to be -performed and the Village shall pay the entire cost thereof
immediately upon rendition of bills to the Village therefore by
the Sanitary District or Forest Preserve District.
The Village shall not construct any improvements or structures
on the property without written approval of the Forest Preserve
District.
Unless otherwise specifically assigned, the Village Manager
or his designated representative is authorized to act for the
Village in relation to this Subsection 3.A. The Director or his
designated representative is authorized to act on behalf of the
Forest Preserve District in relation to this Subsection 3.A.
2. AUTHORITY TO EXECUTE AGREEMENT
Contemporaneous with the execution hereof, each party hereto
shall furnish to the other parties hereto certified copies of the
Orders, Resolutions or Ordinances of the duly constitutued
corporate authority of that party authorizing and directing the
execution of this Agreement.
IN WITNESS IMEREOF, on the day and year first written, the
Metropolitan Sanitary District of Greater Chicago has caused these presents
to be executed, in triplicate by its Chairman of the Committee on Finance,
duly attested by its Clerk and its corporate seal to be hereunto affixed and
the Village of Buffalo Grove has caused these presents to be executed, in
triplicate, by the Village President, duly attested by its Clerk and its
corporate seal to be hereunto affixed, and the Lake County Forest Preserve
District has caused these presents to be executed in triplicate, by the
President of the Board of Commissioners, duly attested by its Clerk and its
corporate seal to be hereunto affixed.
CHECKER ROAD
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POPP LIFE ESTATE a
KEISER PROPERTY
LAKE-COOK ROAD
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AREA TO BE MOWED.
3.15 ACRES
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y
AGREEMENT
AMENDING A PREVIOUS AGREEMENT
BETWEEN THE
LAKE COUNTY FOREST PRESERVE DISTRICT
AND THE
VILLAGE OF BUFFALO GROVE, ILLINOIS
AND THE
METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO
FOR
THE BUFFALO CREEK RETENTION RESERVOIR
LAKE COUNTY, ILLINOIS
LAKEfffCOUNTY FOREST PRESERVE DISTRICT
I/
1 �
By: g.
President
ATTEST:
r
erk
THE METROPOLITAN SANITARY DISTRICT
OF GREATER CHICAGO
By:
Chairman, Committee on Finance
ATTEST:
Clerk i
VILLAGE OF BUFFALO GROVE
Village President.
ATTEST:
wx
Clerk
TENEMENT TO SUBSECTION VA OF A,- �EMENT
BET14EEN THE
LAKE COUNTY FOREST PRESERVE DISTRICT
THE
VILLAGE OF BUFFALO GROVE, ILLINOIS
AND THE
METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO
FOR
BUFFALO CREEK RETENTION RESERVOIR
LAKE COUNTY, ILLINOIS
APPROVED AS TO ENGINEERING:
Supervising Engineer, Flood Control Section
Assistant Chief Engineer, Colfac Division
Chief Engineer
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
Attorney
APPROVED:
f
Gen&al Superintendent
STATE OF ILLINOIS)
COUNTY OF COOK
a Notary Public in and for
said County, in the State aforesaid, DO HEREBY CERTIFY that
Personally known to me to he the
Chairman of the Committee on Finance of the Board of Commissioners
of The Metropolitan Sanitary District of Greater Chicago, a municipal
I
corporation, and
Personally known to me
to be the Clerk of said municipal coiporation, and personally known
to me to be the same persons whose names are subscribed to the fore-
going instrument, appeared before me this day in person and severally
acknowledged that as such Chairman of the Committee on Finance and
such Clerk, they signed and delivered the said instrument as Chairman
of the Committee on Finance of the Board of Commissioners and Clerk
of said municipal corporation, and caused the corporate seal of said
municipal corporation to be affixed thereto, pursuant to authority
given by the Board of Commissioners of said municipal corporation, as
their free and voluntary act and as the free and voluntary act and
deed of said municipal corporation, for the uses and purposes therein
set forth.
GIVEN under my hand and Notarial Seal this 2_Z_!9tday of
A.D. 19 .
J
NOTARY PUBLIC
My Commission expires:
A.D. 191s.
STATE OF ILLINOIS
COUNTIES OF COOK AND LAKE
1, JANET M. SIRABIAN, hereby certify that I am the
duly elected, qualified and acting VILLAGE CLERK of the Village
of Buffalo Grove, Counties of Cook and Lake, Illinois, and the
keeper of its sea] and records.
I hereby further certify that the attached is a true
copy of Resolution No. 84-78 adopted on the 17th day of
December 1984 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the sea] of the Village of Buffalo Grove aforesaid,
at said Village, in the County and State aforesaid, this 18th
day of December 19 K.
Y AA'd"o-
VilTage Clerk
STATE OF ILLI',';OIS�
L A KF-
COUNTY OF 4K4W-
I JUDITH A. MASON a Notary Public in and
for said County, in the State aforesiad, DO HEREBY CERTIFY that
DONALD STRENGER personally known to me to be
the
President of THE LAKE COUNTY FOREST PRESERVE DISTRICT
(DISTRICT) , a governmental
corporation, and LINDA IANUZI HESS I personally
known to be to be the GTM42c (Secretary) of said DISTRICT
Muft.. and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged
that as such
President and such nm-k (Secretary), they signed and delivered
the said instrument as
President and 2Irk (Secretary) of said nTRTRTrT
and caused the corporate seal of said
DISTRICT X15XIMIMIAM to be affixed thereto, pursuant
to authority given by the Board of CINNUSSUIBERS 1pilw
awll of said DISTRICT as their
free and voluntary act and as the free and voluntary act and
deed of said DISTRICT dd#Pb#X3Mbhx, for the uses
and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 11th day
of January A.D. 19 85
NUIARY PUBLIC
My Commission expires: 7/13/85
A.D. 19