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R-22-45VILLAGE OF DEERFIELD RESOLUTION NO. R-22-45 A RESOLUTION APPROVING A PESTICIDE TREATMENT OF OAK TREES WHEREAS, the Village owns oak trees within the Village Right of Way and is responsible for the care and maintenance of said trees. WHEREAS, the Village has been made aware of a boring insect that attacks oak trees and chestnut trees. The trees being attacked by the borer are typically those that have been weakend by drought conditions or have other health conditions that cause them to be susceptible to disease and insects. WHEREAS, the insect can be treated with an insecticide that is designed to reduce or eliminate the impact of the borer, and reduced the potential for the insect to spread. WHEREAS, the Village has engaged a tree professional, Advanced Tree Care, to perform trunk injections on all oak trees within the Village. WHEREAS, the Village Board has determined that pesticide treatments via trunk injections will serve and be in the best interest of the Village; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION ONE: RECITALS. The foregoing recitals are incorporated into, and made a part of, this Resolution as findings of the Village Board. SECTION TWO: ACCEPTANCE AND APPROVAL OF PESTICIDE TREATMENT. Subject to, and contingent upon, the conditions, restrictions, and provisions set forth in Section Three of this Resolution, the pesticide treatement shall be, hereby accepted by the Village, and the Contractor SECTION THREE: CONDITION. Notwithstanding any use or development right that may be applicable or available pursuant to the provisions of the Zoning Ordinance or any other rights that the Developer may have, the approval granted in Section Two of this Resolution shall be, and it is hereby, expressly subject to and contingent upon the Developer retaining a maintenance letter of credit for the Village in a form acceptable to the Village Attorney, guaranteeing the preservation of the Improvements for 24 months after the effective date of this Resolution. SECTION FOUR: FAILURE TO COMPLY WITH CONDITION. Upon the failure or refusal of the Contractor to comply with any or all of the conditions, restrictions, or provisions of this Resolution, the approval granted in Section Two of this Resolution shall, at the sole discretion of the Village Board, by resolution duly adopted, be revoked and become null and void. {00127269.2) SECTION FIVE: EFFECTIVE DATE. This resolution shall be in full force and effect upon its passage and approval in the manner provided by law. AYES: Benton, Berg, Jacoby, Metts-Childers, Oppenheim, Seiden NAYS: None ABSTAIN: None ABSENT: None PASSED: August 15, 2022 APPROVED: August 15, 2022 RESOLUTION NO. R-22-45 A4S. Ket,Vi age Clerk ( � . jl"�- � Daniel C. Shapiro, Mayor