Lake County, IL
File #: 14-0321    Version: 1 Name: Wetland Bank Lake County Forest Preserve District Agreement Amendment No. 2
Type: resolution Status: Passed
File created: 3/26/2014 In control: Public Works and Transportation Committee
On agenda: Final action: 4/8/2014
Title: Joint resolution executing Amendment No. 2 to an existing Intergovernmental Agreement with the Lake County Forest Preserve District (LCFPD) to extend the termination date by two years to April 28, 2016, with all other terms and conditions of the original agreement remaining intact.
Attachments: 1. 14-0321 Buffalo Creek Wetland Mitigation Bank Agreement Amendment Draft
Title
Joint resolution executing Amendment No. 2 to an existing Intergovernmental Agreement with the Lake County Forest Preserve District (LCFPD) to extend the termination date by two years to April 28, 2016, with all other terms and conditions of the original agreement remaining intact.
 
Staff Summary
·      Wetland Bank Lake County Forest Preserve District Agreement Amendment No. 2.
·      Lake County and the Lake County Forest Preserve District (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 terminated on April 28, 2012; Amendment No. 1 extended the termination date by two years to April 28, 2014.
·      Execution of an Amendment No. 2 to the Intergovernmental Agreement with the LCFPD will extend the termination date by two years to April 28, 2016.
 
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, this Amendment No.2, 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, 2016, 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. 2 to the Intergovernmental Agreement with the LCFPD originally dated April 28, 2000, and amended on April 10, 2012, which effectuates an omnibus revision to the agreement such that the termination date of the agreement is extended two years, to April 28, 2016, with all other terms and conditions of the agreement remaining intact.
 
DATED, at Waukegan, Illinois, on April 8, 2014.