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Home My WebLink About98-261 , JULY, 2007 IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 98-261 PASSED: OCTOBER 28, 1998 SUBJECT: AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR ACCESS TO THE KIMBALL STREET DAM FOR PHASE I AND II REPAIRS • SPEED MESSAGE TO FROM . , / ,... ;,.. . • , . ,, ; ;, i. ,- ';-.1, ....-.. ,, , , --' SUBJECT . {/ ,2 d a / .1 i .. DATE ' 1 r . ' li - .,i ei ,4 = a, i ei / A ., i ,• . . z ... .f. 1 .,:5 f" ::11 ' , '/el , t' _,.' ,. ,:,,,,,,, .la; 1' '4 A t, ./.'' /— ' :' ,'"7 •{',V., -42, -',,,t, f i',.' g . , ,-,-- . .,---- --( ,,,:;1=:, 4';'t' • ir . -e: ,,, ,i,,,,, .,,.. 5 , 1 -, ,- / :5 „-, ..-.., ...., .. I ,- 7 / , , i . G0 1 13 ____V, is--y 7 7 -.‘,--e--C'L. ,*i-e-g ..t-- CIA• 0 A SIGNED INWilsonJones® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate Resolution No. 98-262 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE RIGHT OF ENTRY TO THE KIMBALL STREET DAM TO ALLEVIATE DAM BREACH DAMAGE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Natural Resources for the right of entry to the Kimball Street Dam to alleviate dam breach damage, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 28, 1998 Adopted: October 28, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • Resolution No. 98-263 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF NATURAL RESOURCES FOR THE PLANS AND SPECIFICATIONS FOR PHASE I AND PHASE II REPAIRS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with the Illinois Department of Natural Resources for the as-built plans and specifications for Phase I and Phase II Repair and Rehabilitation of Kimball Street Dam, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 28, 1998 Adopted: October 28, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk o § —City of Elgin Agenda Item No. FA �, -., , ,,iii, October 6, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Kimball Street Dam Right of Access/Entry Agreements PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing a Right of Access/Entry Agreement with the Illinois Department of Natural Resources (IDNR) . BACKGROUND In order to complete repairs to the Kimball Street Dam as identified in the dam condition study conducted by Collins Engineers, the City must obtain a permit from the IDNR. Included with the permitting process is the requirement that the City enter into an agreement with the IDNR allowing them certain access/entry rights. There are three agreements that need to be executed by the City. The agreements grant the IDNR right of access to the dam during Phase I and Phase II repairs and for the life of the dam, to prevent or alleviate dam breach damage and compensate the State for costs reasonably incurred by such emergency action and to provide as-built plans for the Phase I and Phase II repairs of the dam. A copy of the agreements are attached as Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . RillFINANCIAL IMPACT None. 100/LEGAL IMPACT rk None . • Kimball Street Dam Agreements October 6, 1998 Page 2 ALTERNATIVES None . RECOMMENDATION It is recommended that the City Council approve the access/ entry agreements and authorize the City Manager to execute the agreements . Respectfully submitte , L__7( 62 ' JQe Al Parker City Manager SP/do Attachment r r EXHIBIT A Access/Entry Agreements SECTION 7 AGREEMENT This AGREEMENT, entered into this day of , 199 , by the City of Elgin, Elgin, Illinois, hereinafter called the Owner, Party of the First Part, and the Illinois Department of Natural Resources, Springfield, Illinois, hereinafter called the State, Party of the Second Part, WITNESSETH, that the parties hereto do mutually agree as follows: ARTICLE 1. The City of Elgin, Owner of the Kimball Street Dam, agrees to provide the State right of access to the Kimball Street Dam and to the immediate vicinity adjacent to the dam before, during, and after Phase I and Phase II Repair and Rehabilitation of Kimball Street Dam. Access shall be gained from the East Bank, and limited to 100 feet upstream and downstream of the dam, and the dam itself. Access from the West Bank shall be coordinated with the Milwaukee District/Union Pacific Railroad. Furthermore, the City of Elgin agrees to provide the State right of access to the dam and immediate vicinity adjacent to the dam for the life of the dam. IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year first above written. ATTEST: CITY OF ELGIN By: ATTEST: ILLINOIS DEPARTMENT OF NATURAL RESOURCES By: AGREEMENT This AGREEMENT, entered into this day day of , 199 , by the City of Elgin, Elgin, Illinois, hereinafter called the Owner, Party of the First Part, and the Illinois Department of Natural Resources, Springfield, Illinois, hereinafter called the State, Party of the Second Part, WITNESSETH, that the parties hereto do mutually agree as follows: ARTICLE 1. The City of Elgin, Owner of the Kimball Street Dam, agrees to allow the State right of entry to the Kimball Street Dam property, if necessary, to prevent or alleviate dam breach damage. Access shall be gained from the East Bank, and limited to 100 feet upstream and downstream of the dam, and the dam itself. Access from the West Bank shall be coordinated with the Milwaukee District/Union Pacific Railroad. Furthermore, the City of Elgin agrees to compensate the State for costs reasonably incurred by such emergency action. IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year first above written. ATTEST: CITY OF ELGIN By: ATTEST: ILLINOIS DEPARTMENT OF NATURAL RESOURCES By: AGREEMENT This AGREEMENT, entered into this day of , 199 , by the City of Elgin, Elgin, Illinois, hereinafter called the Owner, Party of the First Part, and the Illinois Department of Natural Resources, Springfield, Illinois, hereinafter called the State, Party of the Second Part, WITNESSETH, that the parties hereto do mutually agree as follows: ARTICLE 1. The City of Elgin, Owner of the Kimball Street Dam, agrees to provide the State as-built plans and specifications for Phase I and Phase II Repair and Rehabilitation of Kimball Street Dam, City of Elgin, Illinois withing 90 days of completion of construction. IN WITNESS WHEREOF the parties hereto have signed this Agreement the day and year '` first above written. ATTEST: CITY OF ELGIN By: ATTEST: ILLINOIS DEPARTMENT OF NATURAL RESOURCES By: