Title
Resolution authorizing an amendment to the Route 173 Corridor Intergovernmental Agreement between Old Mill Creek, Wadsworth and Lake County, establishing a termination date of January 31, 2026.
Staff Summary
• The Route 173 Corridor Intergovernmental Agreement (“the Agreement”) was executed in 2006 between Old Mill Creek, Wadsworth and Lake County (“the parties”) for the purpose of establishing joint control over land use and development aesthetics and requiring sewer/water infrastructure services for all new development within a defined geographical area surrounding the 173/94 interchange (“the Gateway Area”).
• Since the adoption of the agreement, various Agreement restrictions, primarily the lack of available public sewer and water service, have prevented development within the Gateway Area.
• In 2025, the parties mutually agreed through a Memorandum of Understanding (MOU) to exempt a specific section of the Gateway Area from the strict terms of the Agreement in order to accommodate a development not otherwise permitted by the Agreement.
• In recognition of the continued challenges the Agreement’s terms impose on potential development within the remainder of the Gateway Area, and to expeditiously facilitate additional potential development within its boundaries, the parties collectively agree to terminate the Agreement effective January 31, 2026, nine months prior to the Agreement’s original expiration date of November 14, 2026.
Body
AMENDMENT TO THE ROUTE 173 CORRIDOR INTERGOVERNMENTAL AGREEMENT
THIS AMENDMENT TO THE ROUTE 173 CORRIDOR INTERGOVERNMENTAL AGREEMENT, is made and executed this ____ day of ___________, 2026, between the VILLAGE OF OLD MILL CREEK, a municipal corporation located in Lake County, Illinois, hereinafter referred to as “Old Mill Creek", the VILLAGE OF WADSWORTH, a municipal corporation located in Lake County, hereinafter referred to as “Wadsworth” and the COUNTY OF LAKE, Illinois, hereinafter referred to as the "County” (the County, Old Mill Creek and Wadsworth are referred to collectively as “the parties”).
WITNESSETH
WHEREAS, the parties have previously entered into the Route 173 Corridor Intergovernmental Agreement, dated November 14, 2006 (“the Agreement”); and
WHEREAS, the Agreement was established for the purpose of establishing joint control over land use and development aesthetics and requiring public sewer/water infrastructure for all new development within the area of the Agreement (“the Gateway Area”); and
WHEREAS, the terms specified in the Agreement, principally the requirement for available public sewer and water infrastructure, have created practical impediments to development occurring for the duration of the Agreement’s current 20-year term; and
WHEREAS, in 2025, the parties mutually agreed through a Memorandum of Understanding (MOU) to exempt a specific section of the Gateway Area from the strict infrastructure and land use terms of the Agreement in order to accommodate a development project not otherwise permitted by the Agreement; and
WHEREAS, the parties recognize the continued challenges the Agreement’s terms impose on potential development within the remainder of the Gateway Area; and
WHEREAS, the parties agree that termination of the Agreement constitutes the most effective solution to resolving the Agreement’s significant development impediments; and
WHEREAS, the parties further agree that, given emerging development trends and opportunities, time is of the essence in effectuating the termination of the Agreement in advance of its original expiration date of November 14, 2026; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed by the parties as follows:
Amendment to Section 12 of the Agreement
Section 12 of the Agreement, entitled “Term, Termination”, is hereby amended as follows:
Delete Section 12 in its entirety and replace with the following: “This Agreement shall be effective upon its execution and shall continue in full force and effect until January 31, 2026, at which time the Agreement will terminate and will no longer have any force or effect.”
[Signature page to follow.]
IN WITNESS WHEREOF, the County and the Villages of Old Mill Creek and Wadsworth have, by their duly authorized officers, set their hands and affixed their seals on the date first above written.
COUNTY OF LAKE
BY: ___________________________________________________
Chair, Lake County Board Date
ATTEST: ___________________________________________________
County Clerk Date
(SEAL)
VILLAGE OF OLD MILL CREEK
BY: ___________________________________________________
Village President Date
ATTEST: ___________________________________________________
Village Clerk Date
(SEAL)
VILLAGE OF WADSWORTH
BY: ___________________________________________________
Village President Date
ATTEST: ___________________________________________________
Village Clerk Date
(SEAL)