title
RESOLUTION FOR SETTLEMENT AGREEMENT BETWEEN COUNTY OF DUPAGE, WILSHIRE TOWER SPE, LLC AND VILLAGE OF BLOOMINGDALE
resolution
WHEREAS, the County of DuPage (County) previously undertook engineering and construction of improvements along CH 11/Army Trail Road, from Regency Drive to Swift Road, (Project); and
WHEREAS, as part of the Project, it was necessary to provide stormwater detention and compensatory storage; and
WHEREAS, in 2004 the County filed an eminent domain case, 2004 ED 4, against Wilshire Tower SPE, LLC (Wilshire Tower) wherein the parties to that case entered into an Agreement Concerning Land for a Permanent Easement, document R2005-078970 recorded April 18, 2005, defining the terms related to the non-exclusive permanent easement Wilshire Tower granted to the County for purposes of constructing and operating an online stormwater and compensatory floodplain storage system, and the terms upon which Wilshire Tower would continue to maintain the area of the permanent easement ("Permanent Easement Area") upon completion of the project; and
WHEREAS, maintenance of the Permanent Easement Area was turned over to Wilshire Tower on August 14, 2013; and
WHEREAS, subsequent to construction of the online stormwater and compensatory floodplain storage facility, the controlled release and overland flow weir was impacted by overland flow stormwaters; and
WHEREAS, in 2022, the Village of Bloomingdale sent a letter to Wilshire Tower noting the on-line storage system was not functioning correctly and requested Wilshire Tower take actions to correct the problems; and
WHEREAS, after receipt of the Village letter, Wilshire Tower engaged both the County and the Village to discuss the Village's noted drainage concerns to determine responsibility for corrective actions to restore the stormwater function of the on-line storage system (the Village, Wilshire Tower and County are sometimes refe...
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