84-0709 IDOT Poplar Creek Levee .4. $y.- 0-4 O`i
SPONSORSHIP AGREEMENT
between the
CITY OF ELGIN, ILLINOIS
and the
STATE OF ILLINOIS/DEPARTMENT OF TRANSPORTATION
for
POPLAR CREEK LEVEE PROJECT
This Agreement made and entered into this 9 day of j3 1/i 19 R il4
between the City of Elgin in Cook and Kane Counties, Illinois, hereinafter referred
to as the "CITY", and Department of Transportation, acting for and on behalf of the
State of Illinois, hereinafter referred to as the "DEPARTMENT", WITNESSETH:
WHEREAS, the CITY and the DEPARTMENT are both legal entities organized and
existing under the laws of the State of Illinois having among their powers the
authority to contract with one another to perform such undertakings as described
herein, and
WHEREAS, based upon a Floodwater Management Plan entitled "Poplar Creek
Watershed-May 1976", the CITY and DEPARTMENT have agreed upon a flood control plan
of improvement having a favorable benefit/cost ratio consisting of an earth levee
along Poplar Creek which will extend from the intersection of Villa Street and
Ramona Avenue northeasterly approximately 1400 feet and tie into a natural ridge,
and a normally dry detention reservoir immediately north of said levee and east of
Ramona Avenue, together with a pump station, discharge channel and appurtenant
works, all within Cook County, Illinois, hereinafter collectively referred to as
the "PROJECT", and
WHEREAS, prior to any further expenditure by the DEPARTMENT's Division of Water
Resources toward implementation of this PROJECT, it is essential that the CITY
demonstrate that it has the authority and capability, and will furnish and accept
the local sponsorship cooperation required to complete construction of same.
NOW THEREFORE, for and in consideration of the benefits to be derived from the
construction of this PROJECT, the sufficiency of which is hereby acknowledged, the
parties hereby agree to the following terms and conditions:
1. The recitals set forth above are incorporated herein by reference and
made a part hereof, the same constituting the factual basis for this
transaction.
2. All covenants agreed to by the DEPARTMENT which require funding are
subject to the appropriation of funds by the Illinois General Assembly
and release of the funds by the Bureau of the Budget.
3. The DEPARTMENT will prepare plans, specifications and contract
documents, advertise for bids, make the contract award and pay for all
construction costs of the PROJECT, except as otherwise stated in this
Agreement.
4. The CITY will have the right to approve the plans and specifications
prior to the contract award.
5. The DEPARTMENT will designate all lands, easements and rights-of-way
(hereinafter referred to as land rights) required for the
construction, operation and maintenance of the PROJECT. The CITY will
have the right to approve all land rights requirements. The CITY will
provide all land rights required for the construction and maintenance
of the PROJECT free of any cost to the DEPARTMENT. It is understood
that all expenses associated with land rights acquisition such as
attorney fees, survey costs, appraisal costs, recording costs, and any
other such incidental expenses will be borne by the CITY. The CITY
will furnish the DEPARTMENT with the necessary interest in land rights
so that the DEPARTMENT may construct the PROJECT.
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6. The CITY will be responsible for all utility alterations or
relocations and for all fence removal and replacement required as a
result of the PROJECT construction. Utilities include, but are not
limited to electrical and telephone lines and gas, oil, sewer, and
water pipelines.
7. The CITY will accept, operate and maintain the PROJECT after
construction completion. Operation of the PROJECT means the operation
of the pump station and appurtenant works in such a manner to assure
that the detention reservoir is always dewatered to the extent that it
will hold excess interior drainage during flood periods.
Maintenance of the PROJECT means the full and complete maintenance
of the entire PROJECT in such a manner to assure that it will continue
to serve the intended purpose. The PROJECT area will be kept clean of
all trash and other debris, aquatic growth, ice and/or any other
matter which may tend to impede the proper and free flow of water.
The PROJECT's grass covered areas will be mowed no less than two times
each year. On areas that cannot be mowed, measures will be taken
semiannually to eliminate all woody growth larger than one-half inch
in diameter. Measures will also be taken as conditions require to
correct any erosion problems within the PROJECT area to prevent
deterioration of same.
Joint inspections will be scheduled and made by the CITY and
DEPARTMENT no less than once each year, or more often if conditions so
require, in order to assure adequate maintenance of the PROJECT.
Failure of the CITY to properly maintain the PROJECT as indicated by a
written report of such inspection will permit the DEPARTMENT, upon 10
days written notice and continued failure of the CITY to perform the
necessary maintenance work, to enter upon any of the PROJECT land
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rights for the purpose of performing such maintenance work. In this
instance, the CITY will reimburse the DEPARTMENT for any and all costs
which may be incurred by the DEPARTMENT in connection therewith.
8. The CITY will hold and save the State of Illinois, the DEPARTMENT and
any of its duly appointed agents and employees harmless against any
loss, damage, cost or expense that may be incurred by reason of
personal injury, death, property damage or any and all other claims of
whatsoever nature that might arise or result from or as a consequence
of the construction, operation and maintenance of the PROJECT. The
provisions of this paragraph will be applicable subsequent to
construction completion of the PROJECT.
9. The CITY will maintain eligibility in the National Flood Insurance
Program and will continue to adopt and enforce appropriate ordinances
satisfactory to the Federal Insurance Administration and the
DEPARTMENT which the CITY is authorized to enact relative to the
regulation of floodplains under the jurisdiction and control of the
CITY.
10. The CITY will provide the DEPARTMENT with an appropriate ordinance or
resolution evidencing authority to execute this Agreement.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first above written.
STATE OF ILLINOIS
RECOMMENDED: APPROVED:
e •
Donald R. Vonnahme, Director John D. ram , Sec tary
Division of Water Resources Department of Transportation
CITY OF ELGIN
ATTEST: APPROVED:
7-4-4-44-ak° 7L,ic•
Marie Yearman, lerk Richard L. Verbic, Mayor
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CITY OF ELGIN
ENGINEERING DIVISION
150 DEXTER COURT-ELGIN,ILLINOIS 60120-5555
Telephone: (312) 695- 6500
Ext. 245
TRANSMITTAL LETTER
Date August 1 , 1984
To: Marie Yearman
City Clerk
Job: Poplar Creek Levee
We transmit herewith for your—Information
Approval
Files X
Correction
Return
XX (OK
One (1 ) aha fully executed original agreement.
Sheet Nos. 1-4 dated July 9, 1984.
Remarks
CC: Roger Dahlstrom, w/copy Yours very truly,
Ery Jentsch, w/copy
Gary W. Miller, nqineering Supervisor
By