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HomeMy WebLinkAboutRESOLUTION - 61-19 - 10/8/2019 - Tree Harvesting Agreement St. AubinRESOLUTION NO.61-19 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A COMPREHENSIVE TREE HARVESTING AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND EUGENE A. de ST. AUBIN & BROS., INC. 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 document marked: COMPREHENSIVE TREE HARVESTING 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 8t' day of October 2019. APPROVED this 81h day of October 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk Comprehensive Tree Harvesting Agreement This agreement made and entered into this 8th day of October by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (Village) and Eugene A. de St. Aubin & Bros., Inc. (St. Aubins) WITNESSETH: Whereas, the Village and St. Aubins have previously entered into Agreements with respect to planting of trees for prior and future years; and Whereas, previous agreements contain a guarantee provision assuming normal weather conditions and thus, due to the extreme polar vortex conditions this spring, the Village is willing to make payment for fifty of the hundred trees lost; and Whereas, the Village is desirous of establishing one uniform tree planting cost for the years 2021 through 2023, including the right to extend this agreement for an additional two years; Now, therefore, for good and valuable consideration, the sufficiency of which is hereby acknowledged, it is hereby agreed by and between the parties as follows: 1. Harvesting Base Price- Commencing in 2021 and continuing for a three (3) year period through 2023. St. Aubin will grow and provide the following number of trees at the cost designated therefore: YEAR NUMBER OF TREES COST PER TREE 2021 500 $350.00 2022 500 $350.00 2023 500 $350.00 2. Unit Base Pricing- This shall be deemed unit base pricing and therefore there contains no provision for loss or damage to trees which 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 will pro/rata reduce the costs of trees for 2021, 2022 & 2023. Payment shall be made within 30 days From the notice from St. Aubins, but no later than December 15, 2019. 4. Payment- Payment to St. Aubins for amount due subsequent to the excavation of trees at the nursery, less any offset forth in Paragraph 3, shall be within thirty (30) days of the 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. Any trees that have died will be replaced one time at the same location. 7. The Village shall have the right to have this agreement extended for two additional years at the same amount of trees and at the same cost provided that the notice to extend is no later than October 1, 2020. 8. The Village will pay St. Aubins for fifty (50) trees of the one hundred (100) lost during calendar year 2019. In Witness Whereof, the parties hereto caused this Agreement to be executed on the date first above written. EUGENE A. de ST. AUBIN & BROS., INC. BY Christopher T. Sullivan VILLAGE OF ELK GROVE VILLAGE Ii Craig B. Johnson, Mayor ATTEST: Village Clerk