R-17-10 - Authorizing Right of Entry Agreement with Army CorpRESOLUTION & Pi— /0
RESOLUTION AUTHORIZING EXECUTION OF A
RIGHT OF ENTRY AGREEEMENT
WITH DEPARTMENT OF THE ARMY FOR
CONSTRUCTION OF ASIAN CARP DISPERSAL BARRIER
WHEREAS, the Village of Lemont desires to enter into a Right of Entry Agreement with the
Department of the Army Corps of Engineers for Construction of Asian Carp Dispersal Barrier; and
WHEREAS, the document attached hereto as Exhibit A outlines the terms and conditions of the
Right of Entry Agreement between the Village of Lemont and the Forest Preserve District of Cook County.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES as follows:
SECTION 1: That the Village President is hereby authorized to execute the Right of Entry
Agreement with the Department of the Army Corps of Engineers for Construction of Asian Carp
Dispersal Barrier attached hereto as Exhibit A.
SECTION 2: This Resolution shall be in full force and effect from and after its passage, approval
and publication in the manner provided by law.
SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this
Resolution and cause the same to be published in pamphlet form
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 22nd
day of February , 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Atts:
AYES NAYS PASSED ABSENT
4,
RIAN K. REA
ESE SMOLLEN, Village Clerk
S Village President
W911 XK -9 -10 -2007
DEPARTMENT OF THE ARMY
RIGHT -OF -ENTRY FOR CONSTRUCTION
Asian Carp Dispersal Barrier Village of Lemont
(Project, Installation, or Activity) (Tract Number or Other Property Identification)
The undersigned, hereinafter called the "Owner," in consideration of the total
compensation to be paid by the UNITED STATES OF AMERICA, hereinafter called the
"Government," for all land or easement rights hereinafter described, to be determined by
subsequent agreement between the Owner and the Government, or by judicial proceedings,
hereby grants to the Government, a right -of -entry upon the following terms and conditions:
1. The Owner hereby grants to the Government an irrevocable right to enter upon the
lands hereinafter described at any time within a period of sixty (60) months from the date of this
instrument, in order to erect any type of improvements and to perform construction work of any
nature for and in conjunction with the project identified above.
2. This right -of -entry includes the right of ingress and egress on other lands of the
Owner not described below, provided that such ingress and egress is necessary and not otherwise
conveniently available to the Government.
3. All tools, equipment, improvements, and other property taken upon or placed upon the
land by the Government shall remain the property of the Government and may be removed by
the Government at any time within a reasonable period after the expiration of this right -of- entry.
4. The Government shall have the right to patrol and police the lands hereinafter
described during the period of this right -of- entry.
5. After completion of construction, the Government's Contractor shall restore the
areas affected by this construction, as improved on the date immediately preceding the
construction start date, to the same or better condition as affected areas existed on such date.
However, the Government maintains its right to remove all trees, underbrush, and obstructions as
necessary for construction, and such changes will not be deemed a condition subject to
restoration. The Government's liability under this clause may not exceed the availability of
appropriations for such payment, and nothing contained in this agreement may be considered as
implying that Congress will at a later date appropriate funds sufficient to meet deficiencies.
6. In the event that the Government does not acquire title or other necessary interest in
said land prior to the expiration of this permit or right -of- entry, or other renewal thereof, the
parties agree that, if any action of the Government's employees or agents in the exercise of this
right -of -entry results in damage to the real property, the Government will, at its option, either
repair such damage or make an appropriate settlement with the Owner. In no event shall such
W911 XK -9 -10 -2007
repair or settlement exceed the fair market value of the fee interest of the real property at the time
immediately preceding such damage. The Government's liability under this clause may not
exceed appropriations available for such payment and nothing contained in this agreement may
be considered as implying that Congress will at a later date appropriate funds sufficient to meet
deficiencies. The provisions of this clause are without prejudice to any rights the Owner may
have to make a claim under applicable laws for any other damages than provided herein. If the
Government does acquire such title or other necessary interest, damages would be limited to the
decrease in the fair market value of the owner's remainder caused by such damage.
7. The Government's liability for damages, claims, suits, costs, and expenses that arise
from the activities of the Government under this Right of Entry shall be governed by the Federal
Tort Claims Act, 28 USC 1346(b), CERCLA, 42 U.S.C. Sections 9601 -9675 and other
applicable federal laws.
8. Prior to Government's Contractor's entry, use or occupancy upon the lands
hereinafter described, the Government (or its Contractor) shall notify the Owner. Information
will be provided concerning the period of use, number of personnel involved, special use
equipment and the name of the field contact person during the use period. Notice shall be given
Owner during normal business hours by contacting (to be filled in by Owner):
Ben Wehmeier at (telephone number): (630) 257 -1590 or (email address):
bwehmeier@lemont. il.usor (street address): 418 Main Street, Lemont, IL 60439
The land affected by this right -of -entry is located in the County of Will, State of Illinois,
and is described as follows: See attached Exhibit A
WITNESSES MY HAND AND SEAL this 22nd day of February , 2010
VILLAG OF LEMONT
By
Its: Village President
UNITED STATES OF AMERICA
BY
Victor L. Kotwicki
Its: Chief - Detroit Real Estate Division
EXHIBIT A
This right -of -entry includes the right of the Government to make adjustments to what is depicted
on the following Exhibit during construction to adjust for field conditions.
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