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HomeMy WebLinkAboutRESOLUTION - 44-95 - 7/25/1995 - ARGMT/GROOT INDUSTRIESRESOLUTION NO. 44-95 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND GROOT INDUSTRIES (1759 Elmhurst Road) NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked: UTILITY AGREEMENT a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 25th day of July , 1995. APPROVED this 25th day of July , 1995. Dennis J. Gallitano Village President ATTEST: Patricia S. Smith Village Clerk UTILITY AGREEMENT THIS AGREEMENT, made and entered into between GROOT ("Groot") and the VILLAGE OF ELK GROVE VILLAGE ("Village"). W I T N E S S E T H: WHEREAS, Groot Industries is in the business of residential, commercial and industrial waste removal and recycling and has a service location adjacent to, but not within, the corporate limits of the Village; and WHEREAS, the Village owns and maintains water and sewer faci- lities and has sufficient capacity to provide water and sewer ser- vices to Groot under the terms and conditions hereinafter set forth; and WHEREAS, Groot has requested the Village to provide it with water and sewer provided Groot will install, own and maintain all necessary service lines from the Village mains to its facility and has further agreed to pay the prevailing non-resident rates for such services and an annual fee in addition thereto in such amounts, hereinafter set forth, which the Village has determined to be fair and reasonable. NOW, THEREFORE, in consideration of the mutual promises and conditions hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged, it is hereby agreed as follows: 1. The Village will provide access to its water and sewer to Groot at its facility located at 1759 Elmhurst Road at the rate charged for unincorporated properties (currently $4.61 per 1,000 gallons), which price shall not be increased unless as a part of and included with general increases for other water and sewer cus- tomers. 2. Groot will install, own and maintain the water and sewer service lines from Village owned mains servicing the area. Groot must obtain and pay for all necessary permits from the Village and perform all primary and associated work and responsibilities, in- cluding the purchase and installation of a water meter, as required of all Village water and sewer customers. 3. The water and sewer service provided under this Agreement is strictly for the use and benefit of Groot's transfer station operation on Elmhurst Road. Groot cannot sell, assign or in any way grant the use of Village water or sewer to any other user. 4. Groot will accept and dispose of all of the Village's leaves collected under the fall leaf collection program. The Vil- lage will tip all leaves upon collection directly at Groot's fa- cility. Groot will accept the leaves for the duration of this contract and thereafter if the transfer station is still in exis- tance at its present location. 5. Groot will pay the Village Twenty -Five Thousand ($25,000.00) Dollars upon executing the Agreement, and pay the Village Twenty - Five Thousand ($25,000.00) Dollars per year thereafter, plus an increase based on the Chicago Urban Area consumer price index as reported by the U.S. Bureau of Labor Statistics. Each additional -2- year, Groot will pay the previous year's amount plus such increase based on any increase in the consumer price index for the initial ten (10) years of this Agreement. Thereafter, the contract will remain in full force and effect unless otherwise terminated as here- inafter provided subject to the same conditions of this Agreement except for annual compensation payments to the Village, which amounts shall be negotiated after the initial ten (10) year period; however, the amount paid after the tenth (10th) year shall not be less than the amount paid during the tenth (10th) year of the Agreement. 6. During the initial ten (10) year period of this Agreement, either party hereto may terminate this Agreement provided the other party is in default of any of the terms and conditions hereof. The defaulting party shall be given an opportunity to cure any defect within thirty (30) days from the receipt of written notice with respect thereto. Failure to cure such defect within thirty (30) days shall constitute a breach of this Agreement. Failure of Groot to pay the annual payment or the invoices for the water and sewer services will be considered a default of the agreement and in ad- dition to any other remedy which may be available to the Village, the Village may terminate water and sewer service to Groot. 7. This Agreement shall be binding on the parties hereto, their successors and assigns and successors in interest. -3- IN WITNESS WHEREOF the parties hereto set their hand and seal this 25th day of July , 1995. Groot: Village: GROOT INDUSTRIES VILLAGE OF ELK GROVE VILLAGE By: By: Dennis J. Gallitano Its: Its: Village President ATTEST: By: Patricia S. Smith Its: Village Clerk -4-