AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE NAPERVILLE PARK DISTRICT AND
THE COUNTY OF DU PAGE, FOR THE INTERGOVERNMENTAL COOPERATION & UTILIZATION OF AVAILABLE RESOURCES FOR THE RIVERWALK PROJECT
title
resolution
WHEREAS, the Naperville Park District (DISTRICT) and the County of DuPage (COUNTY) are public agencies within the meaning of the Illinois “Intergovernmental Cooperation Act” and as authorized by Article 7, Section 10 of the Constitution of the State of Illinois; and
WHEREAS, the purposes of the “Intergovernmental Cooperation Act” and Article 7 of the Constitution of the State of Illinois include fostering cooperation among government bodies; and
WHEREAS, the Illinois General Assembly has granted the COUNTY authority to take action to manage stormwater and control flooding and to enter into agreements for the purposes of stormwater management and flood control (Illinois Compiled Statutes, Chapter 55 paragraphs 5/5-1062.3 and 5/5-15001 et. seq.); and
WHEREAS, the COUNTY has adopted the DuPage County Stormwater Management Plan which recognizes the reduction of stormwater runoff and improving water quality as an integral part of the proper management of storm and flood waters; and
WHEREAS, in July 2023, pursuant to DuPage County Board Resolution No. SM-R-0069-23, the Parties entered into an “Intergovernmental Agreement Between the Naperville Park District and the County of DuPage, for the Intergovernmental Cooperation and Utilization of Available Resources for Partnership Projects” (hereinafter the “Partnership Projects Agreement”); and
WHEREAS, the Projects anticipated by the Partnership Projects Agreement included shoreline stabilization work on the west end of the Naperville Riverwalk, generally described as being from the Riverwalk Park Playground west to north, to the Sindt Woods (hereinafter referred to interchangeably as the “Riverwalk Project” and/or the “PROJECT”); and
WHEREAS, in November 2023, pursuant to DuPage County Board Resolution No. SM-P-0070-23, the COUNTY executed an “on-call Contract” with Earthwerks Land Improvement and Development Corporation (hereinafter “Earthwerks”), with offices located at 2111 Ogden Ave, Lisle, IL 60532, for Earthwerks to develop and/or construct on-call Countywide Stormwater construction projects; and
WHEREAS, the COUNTY and DISTRICT each desire and consent to have Earthwerks complete the Riverwalk Project for an amount not to exceed $300,000.00, under the terms and conditions of the County’s on-call Contract (SM-P-0070-23), attached hereto as Exhibit “A”; and
WHEREAS, the DISTRICT shall reimburse the COUNTY one-hundred percent (100%) of the total final costs to construct the Riverwalk Project and the COUNTY shall administer the construction of the Riverwalk Project; and
WHEREAS, the DISTRICT will grant a Temporary Construction Easement to COUNTY and its contractors for completion of the Riverwalk Project.
NOW, THEREFORE, BE IT RESOLVED by the DuPage County Board that the attached AGREEMENT between the COUNTY and the Naperville Park District is hereby accepted and approved, and that the Chair of the DuPage County Board is hereby authorized and directed to execute the AGREEMENT on behalf of the COUNTY
BE IT FURTHER RESOLVED that the DuPage County Clerk be directed to transmit certified copies of this Resolution and the attached AGREEMENT, by and through the Stormwater Management Department, to the Naperville Park District, 320 W. Jackson Ave., Naperville, IL 60540; and Nick Alfonso/State's Attorney's Office.
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Enacted and approved this 8th Day of April, 2025 at Wheaton, Illinois.
________________________________
DEBORAH A. CONROY, CHAIR
DU PAGE COUNTY BOARD
Attest: ___________________________________
JEAN KACZMAREK, COUNTY CLERK