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HomeMy WebLinkAboutRESOLUTION - 59-85 - 7/23/1985 - SEWAGE TREATMENT AGRMT RESOLUTION NO. 59-85 A RESOLUTION OF AGREEMENT BETWEEN FOUR COLUMNS LTD. , AND 'THE VILLAGE OF ELK GROVE VILLAGE 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: Section 1 : That the Village President be and is hereby authorized to sign the attached documents marked: "SEWAGE TREATMENT 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. PASSED this 23rd day of July , 1985• APPROVED this 23rd day of July , 1985• Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk SEWAGE TREATMENT AGREEMENT THIS AGREEMENT made and entered into this 23rd day of July, 1985, at Elk Grove Village, Illinois, by and between the Village of Elk Grove Village, an Illinois Municipal Corporation,and Four Columns Ltd. , an Illinois Corporation, owner of certain properties located within the Village, which properties are identified by the follow- ing permanent index numbers: 03-03-100-007 and 03-03-100-006 , hereinafter referred to as the Owner; W I T N E S S E T H• WHEREAS, the Village of Elk Grove Village provides sewage treatment for most commercial, industrial and residential residents within the Village limits; and WHEREAS, the Village utilizes the Metropolitan Sanitary District of Greater Chicago (M.S.D.G.C. ) for the purposes of receiving sewage collection and treatment services for all areas within-the Village limits located in Cook County; and WHEREAS, the properties of the Owner herein are located in DuPage County and thus outside the territorial boundaries of the M.S.D.G.C. ; and WHEREAS, the M.S.D.G.C. has advised the Village that it will make sewage collection and treatment facilities of the M.S.D.G.C. available to provide service to the Owner' s property provided that the Village enter into an Agreement with the M.S.D.G.C. , which Agreement would require the Village to collect all charges and make all payments on behalf of the Owner; and WHEREAS, the Owner and the Village consider it advisable and beneficial to utilize the sewage collection and treatment facilities of the M.S.D.G.C. subject to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the promises , mutual covenants and agreements herein contained, it is agreed by and between the parties as follows: -2- 1. Subject to the terms and conditions of this Agreement and the terms and conditions of the Service Agreement between the Village and the M.S.D.G.C. , the Village will permit the Owner to connect to the Village sewage facility the property identified in the Preamble herein and legally described on Exhibit A attached hereto, subject further to all applicable Ordinances of the Village of Elk Grove Village relating thereto. 2. The Owner shall at no cost to the Village or the M.S.D.G.C. , construct or cause to be constructed, any and all sewer outfalls or laterals necessary to collect and convey the sewage, industrial wastes and other wastes from the subject property to the M.S.D.G.C. interceptor. 3 . The Owner shall pay or cause to be paid, for such services all charges of the M.S.D.G.C. and all applicable charges for sewer services set forth in the Municipal Code of the Village of Elk Grove Village. It is understood that the charge for services by the M.S.D.G.C. is subject to change as the M.S.D.G.C. levy and/or the Equalized Assessed Value change. In addition to the above, the Owner shall pay, or cause to be paid, an amount not to exceed $1, 000 for amendments to the M.S.D.G.C. jurisdictional map. In addition to all fees and charges herein set forth, the Owner agrees to deposit with the Village of Elk Grove Village an amount equal to estimated charges due to M.S.D.G.C. for a six (6 ) month period, said deposit to be held by the Village of Elk Grove Village. All amounts on deposit shall not bear interest to the Owner herein and shall be apportioned to the various parcels included in the subject property and utilized if necessary in cases of delinquency. The provisions of Chapter 22A of the Municipal Code of the Village of Elk Grove Village -3- shall control and govern the billing and collection, disconnection upon nonpayment, connection, reconnection and inspection fees and such other regulations pertain- ing to the operation and enforcement of the Village ' s sewer facilities. 4 . It is understood that, under the present Illinois Statutes , areas outside of Cook County may not be annexed to the M.S.D.G.C. In the event that the Illinois Statutes are revised to permit annexation to the M.S.D.G.C. of areas outside of Cook County, the Owner shall, at its own expense, promptly undertake the necessary steps and diligently pursue annexation to the M.S.D.G.C. of any or all of the subject property and this Agreement shall become null and void and of no further force or effect as to such annexed portion of the subject property. 5. If the Agreement between the Village and the M.S.D.G.C. is terminated for cause as set forth in paragraph 7 of said Agreement, then the provisions of this Agreement are hereby deemed to be terminated as well and of no further force or effect. The Village shall give the Owner ninety (90 ) days notice in writing of any proposed termination by the M.S.D.G.C. with respect to the Agreement between the M.S.D.G.C. and the Village of Elk Grove Village. The Owner hereby agrees to indemnify and hold the Village of Elk Grove Village harmless from all damages or causes of action which may be brought against the Village by the M.S.D.G.C. as a result of breach of conditions, or other acts, omissions or conduct on the part of the Owners and shall further defend, indemnify, keep and save harmless the Village and its Officers, Elected Officials and Employees of and from any and all claims , liabilities , judgments, demands, liens, choices in action, whether meritorious or not, which arise or are asserted against the Village in connection with the terms of this Agreement. -4- 6 . The Owner agrees that the Village shall not be liable or responsible for any damages which may occur as a result of the malfunctioning, incapacity, breakdown of the Village sewer system or the sewage collection and treatment facilities of the M.S.D.G.C. 7 . This Agreement shall be binding upon the Village and the Owner and their respective heirs , assigns, and successors in interest and shall remain in full force and effect until terminated by reason of annexation of the subject property to the M.S.D.G.C. , or termination in accordance with the terms and conditions of this Agreement or of the Agreement between the Village and the M.S.D.G.C. It is understood, however, that any conveyance by a present Owner to a third party shall relieve the present Owner from any and all obligations hereunder, with said obligations to be fully assumed by the third party. 8 . It is understood that this Agreement shall be recorded with the Recorder of Deeds for the County of DuPage, and the Owner agrees to pay for said recording on a lot-by-lot basis upon receipt of invoice from the Village. IN WITNESS WHEREOF, the parties hereto by their duly authorized officers and/or agents do hereby set forth their hands and their seals this 23rd day of July 1985 . THE VILLAGE OF ELK GROVE VILLAGE ATTEST: BY: Charles J. Zettek Village President Patricia S. Smith Village Clerk OWNER - FOUR COLUMNS, LTD. BY: EXHIBIT A Lots 1 and 2 in EMMA KRUEGER' S SUBDIVISION of a part of the North half of the Northwest quarter of Section 3 and a part of the Northeast quarter of the Northeast quarter of Section 4 , Township 40 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded September 16 , 1948 as Document No. 554217 ; together with that part of the North 50 feet of the said North half of the Northwest quarter of Section 3 lying westerly of a Northward prolongation of the East line of said Lot 1 and lying Easterly of a Northward prolonga- tion of the West line of said Lot 2, all in DuPage County, Illinois.