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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 4 ' fl ce SCHALZ ' DA ® PROPERTY , ITE C cc �� Z w _- IT _ z co a POPP LIFE ESTATE a KEISER PROPERTY LAKE-COOK ROAD La - -� - �•, fit: � ,.` �'�� °• DAM LU - 0 AREA TO BE MOWED. 3.15 ACRES N NO SCALF- 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