Title
Joint resolution executing Amendment Number Three to an existing Intergovernmental Agreement related to wetland banking credits with the Lake County Forest Preserve District (LCFPD) to extend the termination date by two years to April 28, 2018.
Staff Summary
• Wetland Bank Lake County Forest Preserve District Agreement, Amendment No. 3.
• LCFPD entered into an agreement providing for a land exchange and allowing the County to acquire a license from the District for the purpose of creating “wetland banking credits” that could be used for future public roadway improvements.
• The land exchange has taken place, but the license agreement has not yet been acquired.
• The original agreement had a termination date of April 28, 2012; Amendment Number One extended the termination date by two years to April 28, 2014; Amendment Number Two extended the termination date by two years to April 28, 2016.
• Execution of Amendment Number Three of the Intergovernmental Agreement with the LCFPD will extend the termination date by two years to April 28, 2018.
• All other terms and conditions of the original agreement remain intact.
Body
R E S O L U T I O N
WHEREAS, the County of Lake and the LCFPD entered into an agreement with an effective date of April 28, 2000, providing for a land exchange and allowing the County to acquire a license from the District for the purpose of creating “wetland banking credits” that could be used for future public roadway improvements; and
WHEREAS, the land exchange has taken place and the conveyances have been recorded; and
WHEREAS, the agreement provides that if the County and the District do not enter into a license agreement for the purpose of creating “wetland banking credits” by the 12th anniversary of the effective date, that the agreement shall be considered terminated; and
WHEREAS, as a result of certain timing and project coordination issues, the County and the District both recognized that it was not reasonably possible to satisfy the necessary requirements to enter into a license agreement before the 12th anniversary of the effective date (namely, April 28, 2012); and
WHEREAS, Amendment No. 1, dated April 10, 2012, extended the termination date of the agreement by two years, to April 28, 2014, with all other terms and conditions of the agreement remaining intact; and
WHEREAS, Amendment No. 2, dated April 8, 2014, extended the termination date of the agreement by two years, to April 28, 2016, with all other terms and conditions of the agreement remaining intact; and
WHEREAS, this Amendment No.3, a draft copy of which is attached hereto, shall effectuate an omnibus revision to the agreement such that the termination date of the agreement shall be extended by two years, to April 28, 2018, with all other terms and conditions of the agreement remaining intact.
NOW, THEREFORE, BE IT RESOLVED, by this Lake County Board, that the County Board Chair, the County Clerk and the County Engineer of Lake County are authorized to execute Amendment No. 3 to the Intergovernmental Agreement with the LCFPD originally dated April 28, 2000, and amended on April 10, 2012, and April 8, 2014, which effectuates an omnibus revision to the agreement such that the termination date of the agreement is extended two years, to April 28, 2018, with all other terms and conditions of the agreement remaining intact.
DATED at Waukegan, Illinois, on April 12, 2016.