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HomeMy WebLinkAboutORDINANCE - 3455 - 6/21/2016 - St. AubinORDINANCE NO. 3455 AN ORDINANCE AMENDING ORDINANCE NUMBERS 3133, 3291 AND 3420 ALL OF WHICH PERTAIN TO THE VILLAGE'S EMERALD ASH BORER INFESTATION TREE REPLACEMENT PROGRAM BY AUTHORIZING THE MAYOR AND VILLAGE CLERK TO ADOPT A COMPREHENSIVE AMENDMENT TO SAID AGREEMENTS WHEREAS, the Village pursuant to Ordinance No. 3 13 3, Ordinance No. 3 29 1, and Ordinance No. 3420, provide for the harvesting and planting of trees to replace trees lost as a result of the Emerald Ash Borer infestations; and WHEREAS, said Ordinances provide different replacement costs due to the varying market conditions concerning the purchase and planting of trees; and WHEREAS, due to the need to increase the number of trees purchased and planted for future years and the desire to combine the various costs in order to have one cost for harvesting and one cost for planting of the trees each year for the years 2016 through 2020, the Mayor and Board of Trustees, upon the recommendation of the Public Works Department, find and believe that it is in the best interest of the Village to adopt a Comprehensive Tree Replacement Program. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois, as follows: Section 1: That this Ordinance is adopted pursuant to the Village's Home Rule Authority. Section 2: That the Mayor and Village Clerk are hereby authorized to execute a Comprehensive Tree Harvesting Agreement and a Comprehensive Tree Planting Agreement, copies of said Agreements are attached hereto. Section 3: That all prior Agreements adopted pursuant to Ordinance Numbers 3133, 3291 and 3420 inconsistent with the provision of the Agreements herein approved, are hereby rescinded. Section 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 21" day of June 2016. APPROVED this 21' day of June 2016. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk COMPREHENSIVE TREE HARVESTING AGREEMENT This Agreement made and entered into this 21St day of June, 2016 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and Eugene A. de St. Aubin & Bro., Inc. (St. Aubins) WITNESSETH: Whereas, the Village and St. Aubins have previously entered into Agreements with respect to the planting of trees for prior and future years; and Whereas, the Village is desirous of amending the prior Agreements by increasing the number of trees to be planted in future years and also establishing one uniform tree planting cost for the years 2016 through 2020; Now, therefore, for good and valuable consideration, the sufficiency of which is hereby agreed, it is hereby agreed by and between the parties as follows: 1. Harvesting Base Price — Commencing in 2016 and continuing for a five (5) year period through 2020, St. Aubins will grow and provide the following number of trees at the cost designated therefore: YEAR NUMBER OF TREES COST PER TREE 2016 Spring 200 -0- 2016 Spring/Fall 250 $325.00 2016 Fall 200 $350.00 2017 650 $217.31 2018 650 $217.31 2019 450 $275.00 2020 350 $375.00 2. Unit Base Pricing — This shall be deemed unit base pricing and therefor there contains no provision for loss or damage to trees which would reduce the number of trees to be selected. 3. The Village agrees to pay, if requested to do so, the amount of $50.00 per tree, to offset the purchase of liners to be designated exclusively for the Village, which amount will pro/rata reduce the costs of the trees for 2019 & 2020. Payment shall be made within 30 day notice from St. Aubins. 4. Payment — Payment to St. Aubins for amount due subsequent to the excavation of trees at nursery, less any offset as set forth in Paragraph 3, shall be within thirty (30) days of request therefor. 5. The type of tree to be planted shall be as agreed upon by St. Aubins and the Village's Arborist. 6. Guarantee — St. Aubins shall guarantee each tree for a period of two years from the date of its being planted. 7. That all prior tree planting agreements as they pertain to years 2017 and thereafter are hereby rescinded. In Witness Whereof, the parties hereto caused this Agreement to be executed on the date first above written. EUGENE A. de ST. AUBIN & BRO., INC. VILLAGE OF ELK GROVE VILLAGE BY BY Craig B. Johnson, Mayor Craig B. Johnson, Mayor ATTEST: Judith M. Keeizan Village Clerk COMPREHENSIVE TREE PLANTING AGREEMENT This Agreement made and entered into this 21" day of June, 2016 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and St. Aubin Nursery and Landscaping, Inc. (St. Aubins) WITNESSETH: Whereas, the Village and St. Aubins have previously entered into Agreements with respect to the harvesting of trees for prior and future years; and Whereas, the Village is desirous of amending the prior Agreements by increasing the number of trees to be harvested in future years and also establishing one uniform tree harvesting cost for the years 2016 through 2020; Now, therefore, for good and valuable consideration, the sufficiency of which is hereby agreed, it is hereby agreed by and between the parties as follows: 1. That the prior Tree Harvesting Agreements adopted pursuant to Ordinance Numbers 3133, 3291 and 3420 which pertain to tree harvesting for years 2016 and thereafter are hereby rescinded. 2. The cost of tree harvesting which includes the delivery of purchased trees and their replanting in the Village shall be as follows: YEAR COST TO REPLANT PER TREE 2016 $130.00 2017 $150.00 2018 $150.00 2019 $160.00 2020 $160.00 3. That all other provisions of the Tree Harvesting Agreements shall remain in full force and effect. In Witness Whereof, the parties hereto caused this Agreement to be executed on the date first above written. VILLAGE OF ELK GROVE VILLAGE BY Craig B. Johnson, Mayor Craig B. Johnson, Mayor ATTEST: Judith M. Keegan Village Clerk ST. AUBIN NURSERY AND LANDSCAPING INC. II