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Home My WebLink AboutRESOLUTION - 58-17 - 10/24/2017 - Wetlands Mitigation of Illinois Agreement RESOLUTION NO. 58-17 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A WETLAND CREDIT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND WETLANDS MITIGATION OF ILLINOIS, LLC NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: WETLAND CREDIT AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 2411 day of October 2017. APPROVED this 24' day of October 2017. APPROVED: Mayor Craig B.Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy,Village Clerk WETLAND CREDIT AGREEMENT THIS WETLAND CREDIT AGREEMENT ("Agreement") is made and entered into this 24"' day of Oct,2017 , (the "Effective Date") by and between WETLANDS MITIGATION OF ILLINOIS, LLC an Illinois Limited Liability Corporation, ("Seller") and Village of Elk Grove Village ("Purchaser"). WITNESSETH: WHEREAS, Purchaser has applied to the U.S. Army Corps of Engineers ("Permitting Agency") for a permit to allow the discharge of clean non-toxic fill material into 0.002 acres of wetlands within the JFK Boulevard Improvements in Elk Grove Village, Illinois ("Project"). Project Number assigned by the Permitting Agency is LRC- 2017-00464. WHEREAS, as a condition to the issuance of a permit from the Permitting Agencies Purchaser is required to compensate for said wetland impacts, and elects to do so through the purchase of wetland credits in the Sellers' Red Wing Slough Wetland Mitigation Bank ("Wetland Bank"). WHEREAS, the Permitting Agencies have determined that Purchaser shall be required to purchase a total of 0.003 acres of wetland credit due to the proposed impacts to the wetlands resulting from the development of the Project. WHEREAS, the Project is located in the Des Plaines River watershed and the Wetland Bank is located in the Des Plaines watershed, in Lake County, Illinois. 1 NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed as follows: 1) RECITALS: The recitals are hereby incorporated by this reference. 2) COMPENSATION: Purchaser shall, subject to the terms and conditions hereinafter provided, pay to the Seller the sum of ONE THOUSAND DOLLARS ($1,000 = "Purchase Price") for 0.003 wetland credits from the Wetland Bank. Purchase Price shall be paid in the following manner: a.) EARNEST MONEY: Upon signing this Agreement Purchaser shall pay Seller a non-refundable deposit of 100% of the Purchase Price, or $1,000. Payments shall be made to WETLANDS MITIGATION OF ILLINOIS, LLC. Upon payment of Purchase Price Seller shall notify Permitting Agencies that 0.003 acres of wetland credit have been secured from the Wetland Bank. b.) REQUIRED AMOUNT OF CREDITS: Should the wetland credits required by the Permitting Agencies be increased or decreased from the time of Agreement execution to the time Purchase Price has been paid, the Agreement shall be modified to reflect an adjusted Purchase Price based on the same price per acre as originally set out in this Agreement, if Seller has such credits available. c.) TERMINATION: If after one hundred and twenty (120) days after the Effective Date Purchaser has not received the Project Permit, then at any time thereafter until Purchaser receives the Project Permit either party may 2 terminate this Agreement by written notice to the other party. If Seller terminates the Agreement, the Seller shall return the Earnest Money to Purchaser. 3) SELLERS PERFORMANCE INDEMNITY: In consideration of Payment of the Purchase Price, Seller affirms that it has sufficient wetland credits released by the Permitting Agencies in the Wetland Bank to satisfy the wetland credits required by Purchaser and hereby does sell such credits to Purchaser. Purchaser shall have no obligation to perform any of the responsibilities or assume any liabilities of Seller now or hereafter as set forth by the Permitting Agencies in the development and maintenance of the Wetland Bank. 4) NOTICES: Any notices required or permitted hereunder shall be sufficiently given if delivered by overnight courier, by United States mail, return receipt requested, or by facsimile to the parties hereto as follows: If to Seller: Land and Water Resources, Inc. 9575 West Higgins Road, Suite 901 Rosemont, IL 60018 Attn: Mr. John H. Ryan Phone: 847-692-7170 Fax: 847-939-5214 Email:jryan@lawrinc.com With a copy to: EcoLogic Planning, 4250 W. Tanglewood Drive Bloomington, In. 47404 Attn. Mr. Steve Weller Phone: (812) 935-7078 Fax: (812) 935-7079 Email: ecologicpl@bluemarble.net 3 If to Purchaser: Village of Elk Grove Village 600 Landmeier Road Elk Grove Village. IL 60007 Attn: Brian Lovering, Chief Infrastructure Engineer Phone: 847.734.8800 Fax: 847.734.8060 Email: blovering@elkgrove.org Any notice given pursuant hereto by overnight courier shall be effective as of delivery; any notice given pursuant hereto by United States mail, return receipt requested, shall be effective as of the third business day following its posting and any notice given pursuant hereto by facsimile shall be effective as of receipt of confirmation by the sending party. 5) PRIOR AGREEMENTS: This Agreement shall supersede any and all prior understanding and agreements between the parties hereto, whether written or oral, with respect to the subject matter hereof and may be amended only by a written instrument executed by or on behalf of both Seller and Purchaser., 6) APPLICABLE LAW: Seller and_Purchaser shall be contractually bound to this Agreement, which shall be governed by the laws of the state of Illinois and subject to the requirements of any applicable federal law or regulation. Changes in federal, state or local laws, which might have otherwise impacted this Agreement shall not be enforced retroactively after execution of this Agreement. Each party shall be held harmless for damages sustained by the other party as a result of changes in federal, state or local laws or their interpretation or enforcement. 7) SUCCESSORS AND ASSIGNS: This Agreement shall inure to the benefit of and be binding upon the successors and assigns of Seller and Purchaser, as the case may be, and their respective successors and assigns. Neither party hereto shall assign any interest hereunder without the prior written approval of the other first hand. 4 8) CONTRACT ACCEPTANCE: This Agreement is null and void if not executed within thirty (30) days of the effective date on first draft of Agreement, or date first draft of Agreement was sent to Purchaser. This time limitation shall be extended only upon written approval by all parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. PURCHASER: Village of Elk Grove Village �A4 y By: Cfl(iq �j .�Ohn � Gc..sa, vtr SELLER: WETLANDS MITIGATION OF ILLINOIS, LLC By: John H. Ryan, Manager By: Steven A. Weller, Manager 5