Resolution 2009-48 EXHIBIT NO. 2
RESOLUTION NO. 0?0 g
APPROPRIATION OF FUNDS FOR DEMOLITION OF BUILDING AT N.W. QUADRANT OF ILLINOIS 47 &
SOMONAUK STREET INTERSECTION
Whereas, the United City of Yorkville of Kendall County, Illinois, hereinafter called the CITY, has entered into
an agreement with the state of Illinois, through its Department of Transportation, hereinafter called the STATE.
In accordance with the provisions of the agreement, the CITY is to pay the STATE for 50 percent of the cost for
the removal of building located upon a property located at the northwest quadrant of the intersection of
Illinois 47 (Bridge Street) and Somonauk Street. This proposed STATE let project is hereinafter to be identified
under Illinois 47 (FAP 326), State Section (13C)DM, C -93- 065 -05, and to be accomplished under awarded
state contract 66670.
WHEREAS, estimated total cost for the proposed building removal is $40,000. In compliance with the
provisions of the agreement, the CITY's estimated cost is 50 percent of the total which equates to an estimate
share of cost of $20,000.00.
NOW, THEREFORE, BE IT RESOLVED, that the CITY hereby appropriates the sum of TWENTY THOUSAND
DOLLARS ($20,000.00) of GENERAL FUNDS AND /OR OTHER FUNDS or so much thereof as may be
necessary from money now and hereinafter allotted to the CITY to pay for its share of cost for building removal.
The CITY agrees that it will pay the Department of Transportation of the State of Illinois upon completion of the
demolition, in a lump sum payment, 100 percent of its financial obligation incurred under the terms of the
greement. The CITY's actual monetary reimbursement obligation to the STATE shall be based on the final
costs of the awarded contract for the building removal.
BE IT FURTHER RESOLVED that the CITY agrees to pass a supplemental resolution to provide additional
funds, if the amount appropriated herein, proves to be insufficient to cover its share of costs.
APPROVED:
Valerie Burd ac Milsch�wski
Mayor of United City of Yorkville, IL City Clerk
Date ` Date
Illinois 47 (FAP 326)
Section (13C) DM
Kendall County
(City of Yorkville, IL)
C -93- 065 -05
J N 310001
AGREEMENT
This agreement is entered into by and between the State of Illinois, through its Department of Transportation,
hereinafter called the STATE, and the United City of Yorkville of Kendall County, Illinois; hereinafter called the
CITY.
W ITNESSETH:
WHEREAS, the STATE and CITY, in order to facilitate the free flow of traffic and ensure safety to the traveling
public, are desirous to the future improvements of Illinois 47 /Bridge Street (FAP 326) and Somonauk Street
(FAU 1550).
WHEREAS, as a local STPU federal project, it is the intent of the CITY to improve Game Farm
Road /Somonauk Street (FAU 1550); constructing a three lane curb and gutter pavement section from US 34
southerly and easterly to Illinois 47.
WHEREAS, the STATE is currently developing plans and acquiring rights of way for the proposed widening of
Illinois 47 (FAP 326), also known as Bridge Street, from Illinois 71 northerly to US 34.
VHEREAS, for the betterment of both these CITY and STATE sponsored highway projects, that a parcel of
property be purchased and an existing residential home be permanently removed. The said property and
building is located at the northwest quadrant of the intersection of Illinois 47 and Somonauk Street; hereinafter
referred to as the PROPERTY (see location map attached hereto as Exhibit #1). Acquisition of the
PROPERTY will accommodate the improvement of the intersection, which includes the addition of traffic lanes,
new traffic signals and a 10 foot wide bituminous recreational trail.
WHEREAS, the STATE will assume 100 percent cost of acquiring the PROPERTY.
WHEREAS, the CITY and STATE have agreed to equally share in the cost of the removal of the existing
building located on the PROPERTY.
WHEREAS, this agreement relating to the acquisition of the PROPERTY and removal of building is separate
and not a part of the forthcoming contracts relating to the described CITY's improvement of Game Farm
Road /Somonauk Street and /or the STATE's Illinois 47 project.
WHEREAS, this land acquisition and building removal project is hereby identified under Illinois 47 (FAP 326),
State Section (13C) DM, Contract 66670.
WHEREAS, all work necessary to complete the described acquisition of PROPERTY and removal of existing
building will be performed in accordance with approved plans and specifications.
WHEREAS, the CITY and STATE are desirous of the said PROPERTY acquisition and removal of building in
that same will be of immediate benefit to CITY residents and permanent in nature.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as
follows:
1. The STATE agrees to make the surveys, obtain the necessary rights of way, including all required
negotiations, appraisals, title evidence and legal services all in accordance with the Illinois Department of
Transportation Bureau of Land Acquisition Manual procedures.
The STATE agrees to pay all costs relating to the proposed acquisition of PROPERTY.
3. The STATE agrees to receive bids and award the contract for removal of building located on the
PROPERTY.
4. The STATE agrees to pay all costs for the removal of building located on the PROPERTY, subject to 50
percent reimbursement from the CITY.
5. The CITY agrees to pay the STATE for 50 percent of the cost of removing the dwelling located on the
PROPERTY.
6. It is mutually agreed that estimated cost participation for the acquisition of PROPERTY and removal of
building is as follows
Total State City
Acquisition of Property $200,000 $200,000 $0
(100 %) (0 %)
Removal of Dwelling $40,000 $20,000 $20,000
On Property (50 %) (50 %)
TOTAL $240,000 $220,000 $20,000
The CITY's actual 50 percent cost for removal of dwelling shall be based on the final costs of the awarded
contract.
8. The CITY has passed a resolution appropriating $20,000 for reimbursement to the STATE for dwelling
removal. A copy of the approved resolution is attached hereto as Exhibit #2 and made a part hereof.
9. It is mutually agreed that the CITY will pay its share of cost to the STATE in a lump sum payment upon
completion of the building removal.
10. This agreement and the covenants contained herein shall be null and void in the event the contract
covering the described acquisition of PROPERTY and removal of building is not initiated by July 1, 2015.
11. This agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. A4 A l a R \ / f.
Valerie Burd �g Milscwski
Mayor of United City of Yorkville, IL City Clerk
I t /.)- l ;;L� q /I laloq
Date` Date SEAL
eorge F. Ryarf,, Regioklal Engineer Date
Illinois Department of Transportation
Deputy Director of Highways
LOCATION MAP
EXHIBIT # 1
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SECTION (109) DM
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