02.07.2011 - Village of Deerfield

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INTERGOVERNMENTAL AGREEMENT SECOND ADDENDUM BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY THE COUNTY OF COOK AND THE VILLAGE OF DEERFIELD This INTERGOVERNMENTAL AGREEMENT SECOND ADDENDUM (hereinafter referred to as the “SECOND ADDENDUM”) is entered into this ______ day of ____________AD, 20__, by and between THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY, an instrumentality and administrative agency of the State of Illinois, (hereinafter called the "TOLLWAY"), THE COUNTY OF COOK, a body politic and corporate of the State of Illinois, acting by and through the COOK COUNTY HIGHWAY DEPARTMENT, (hereinafter called the “COUNTY”), and THE VILLAGE OF DEERFIELD, a municipal corporation of the State of Illinois, (hereinafter called the "VILLAGE"), individually referred to as “PARTY”, and collectively referred to as “PARTIES”. WITNESSETH: WHEREAS,thePARTIESinordertofacilitatethefreeflowoftrafficandensure safety to the motoring public, executed an Intergovernmental Agreement on January 31, 2008, (hereinafter referred to as the “AGREEMENT”), and an Intergovernmental Agreement Addendum to that AGREEMENT on December __, 2010, (hereinafter referred to as the “ADDENDUM”), for the improvement of the Tri-State Tollway (I-294) bridge carrying Lake-Cook Road over I-294, TOLLWAY Contract I-07-5246, COUNTY Section 07-A5019-04-RP, (hereinafter referred to as the “PROJECT”); and WHEREAS, the COUNTY had requested that the TOLLWAY include in its PROJECT certain roadway work to be performed along Lake-Cook Road and Wilmot Road, which the COUNTY had planned to do at a later date and further identified and described in the AGREEMENT, (hereinafter referred to as the “IMPROVEMENT”); and WHEREAS, the TOLLWAY agreed to the COUNTY's request to include the IMPROVEMENT, and the COUNTY agreed to the financial obligation of its IMPROVEMENT as part of the PROJECT; and WHEREAS, it was agreed by the PARTIES hereto that the AGREEMENT included the actual bid prices for the COUNTY share of reimbursement to the TOLLWAY,andthatthefiguresstatedonpage8,SectionV.FINANCIAL,paragraphF were estimated costs based on actual bid prices for the IMPROVEMENT to be performed by the TOLLWAY for the COUNTY; and WHEREAS, the TOLLWAY has incurred additional costs for utility relocation (Utility Relocation) work related to the IMPROVEMENT that were not included in the original plans and specifications nor accounted for in the AGREEMENT or ADDENDUM, said additional costs estimated as $225,000; and 1
WHEREAS, the COUNTY concurs with said additional costs as presented and requests that the AGREEMENT be amended to reflect the final costs in accordance with Section V. paragraph I of the AGREEMENT; and WHEREAS, the TOLLWAY agrees to the COUNTY’s request to amend the AGREEMENT; and WHEREAS, the TOLLWAY by virtue of its powers as set forth in the "Toll Highway Act," 605 ILCS 10/1, the VILLAGE by virtue of its powers as set forth in the Illinois Municipal Code 65 ILCS 5/1-1-1 and the COUNTY by virtue of its powers as set forth in the County Code 55 ILCS 5/1-1001 are authorized to enter into this SECOND ADDENDUM. NOW, THEREFORE, in consideration of the aforementioned recitals and the mutual covenants contained herein, the PARTIES hereto agree as follows: 1. The COUNTY agrees to be financially responsible for the additional Utility Relocation costs estimated at $225,000. 2. The COUNTY agrees that subsequent to the execution of this SECOND ADDENDUM and receipt of a invoice from the TOLLWAY, the COUNTY shall pay to the TOLLWAY an amount equal to 100% of the actual Utility Relocation costs that the COUNTY agrees is reimbursable. Upon receipt of the COUNTY’s payment to the TOLLWAY, the TOLLWAY shall pay the Utility Company directly for the COUNTY’s Utility Relocation costs caused by the IMPROVEMENT. 3. It is mutually agreed that the neither the TOLLWAY nor the VILLAGE is responsible for any Utility Relocation costs caused by the IMPROVEMENT, and that the TOLLWAY will not pay the Utility Company directly until the COUNTY has paid the TOLLWAY. 4. That all other provisions contained in the original AGREEMENT and the ADDENDUM that is not in conflict with this SECOND ADDENDUM shall remain in full force and effect. 5. It is understood and agreed that this is a SECOND ADDENDUM between the Village of Deerfield, Cook County and the Illinois State Toll Highway Authority. 6. This SECOND ADDENDUM may be executed in three (3) or more counterparts, each of which shall be deemed an original and all of which shall be deemed one and the same instrument. 7. This SECOND ADDENDUM may only be modified by written modification executed by duly authorized representatives of the PARTIES hereto. 2
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AGENDA FOR THE BOARD OF TRUSTEES Mo
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January 18, 2011 The regular meetin
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Board of Trustees Meeting January 1
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BILLS & PAYROLL FOR THE FEBRUARY 7,
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February 7, 2011 Board Meeting Vend
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Village of Deerfield Payroll Summar
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Village of Deerfield Payroll Summar
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Public Works and Engineering To: Ma
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Report on Departmental Objectives F
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TO: Mayor and Board of Trustees FRO
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The proposed ground sign for a chil
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PLAN COMMISSION VILLAGE OF DEERFIEL
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Christ United Methodist Church & De
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REQUEST FOR BOARD ACTION Agenda Ite
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the GAF/ELK Timberline architectura
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Page 111 and 112: REQUEST FOR BOARD ACTION 11-01-2 Ag
Page 113 and 114: VILLAGE OF DEERFIELD LAKE AND COOK
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Page 117 and 118: corporate authorities of the Villag
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Page 133 and 134: THE ILLINOIS STATE TOLL HIGHWAY AUT
Page 137: ATTEST: PASSED this ______ day of _
Page 140 and 141: The U.S. Mayors Climate Protection
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Page 145 and 146: SECTION 1. Incorporation of Recital
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Deerfield cemetery commission - 3 m
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REQUEST FOR BOARD ACTION Subject: R
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REQUEST FOR BOARD ACTION Agenda Ite
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02.07.2011 - Village of Deerfield

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