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PROPOSED INTERGOVERNMENTAL AGREEMENT AMENDMENT
Department: Department of Planning and Development
Other Part(ies): Metropolitan Water Reclamation District of Greater Chicago, (“MWRD”), Chicago, Illinois
Request: Authorization for the Forest Preserves of Cook County (the “Forest Preserves”) to amend an Intergovernmental Agreement with MWRD for Land Acquisition, Concept Planning and Preliminary Engineering for a Multi-Benefit Project in Southeast Cook County.
Goods or Services: Collaboration and cost sharing on the land acquisition, concept planning and preliminary engineering for a joint project to provide ecological restoration and nature-compatible outdoor recreation and flood control improvements along Deer Creek and Third Creek (the “Project”)
Agreement Number: N/A
Original Agreement Period: Two (2) years from the Effective Date of the Agreement (“Initial Term”) with one (1) one-year optional extension upon approval of the Parties’ respective Boards of Commissioners.
Proposed Agreement Extension: N/A
Original Fiscal Impact: Costs for this preliminary stage of the Project would be shared by the Parties but would be submitted separately to the Parties’ respective boards for approval. The Forest Preserves would be responsible for land acquisition costs with support from MWRD if needed. Authority for land acquisition costs for each acquisition parcel would be submitted separately to the Forest Preserves Board of Commissioners and, if necessary, to MWRD’s Board of Commissioners. MWRD would be responsible for all consultant costs associated with concept planning and preliminary engineering for the Project.
Proposed Fiscal Impact Increase: N/A
Accounts: N/A
District(s): 5, 6
Summary: Authorization is requested to amend the current Intergovernmental Agreement (the “IGA”) between the parties as approved by the Forest Preserves’ Board of Commissioners on June 11, 2024 (Board Item No. 24-0188). The current agreement specifies that land acquisition attempts in relation to the Project would first be made by the Forest Preserves. If the Forest Preserves was unsuccessful in acquiring certain parcels, MWRD could attempt to acquire and/or assist the Forest Preserves in acquiring those other necessary parcels, along with any other property rights (such as permanent or temporary easements).
The proposed amendment clarifies that if the parties mutually agree, MWRD would commence negotiations directly to acquire certain property interests necessary for the Project in coordination with the Forest Preserves. Any and each resultant acquisition would be subject to approval of both parties' Boards. Prior to closing on each parcel, the parties would coordinate to determine who would hold title to the parcel at or after closing. Any properties purchased by MWRD and conveyed to the Forest Preserves for the Project would reserve a permanent flood control easement for MWRD. The Forest Preserves would reimburse MWRD for any property acquired by MWRD for the Project. If the IGA, as amended, is terminated and the overall Project does not move forward, the properties conveyed to the Forest Preserves would remain in Forest Preserves ownership as part of the forest preserves system, and MWRD would thereafter release or extinguish its permanent flood control easement(s). Final amendment is subject to legal review and approval.
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