HomeMy WebLinkAboutRESOLUTION - 31-62 - 12/20/1962 - AGRMT/CENTEX GREAT NORTHERN & VALE DEV8/12/20/62
RESOLUTION NO. L7%
A RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND CENTEX
CONSTRUCTION CO., INC., AND GREAT NORTHERN
DEVELOPMENT COMPANY AND VALE DEVELOPMENT
COMPANY
NOW, THEREFORE, BE I'T RESOLVED by the President and
Board of Trustees of the Village of Elk Grove Village, CountAes
of Cook and DuPage, Illinois:
Section 1. That the President and Board of Trustees
do hereby approve and do authorize the President and Village
Clerk of the Village of Elk Grove Village to sign on behalf of
the Village an agreement entitled: Agreement by and between the
Village of Elk Grove Village, a municipal corporation, Centex
Construction Co., Inc., Great Northern Development Company, and
Vale Development Company relative to the annexation of oertain
territory to the Village and the provision of water and sewer
facilities to serve said territory. A copy of said agreement
is marked Exhibit A, hereto attached and incorporated by refer-
ence. That upon the signing of ■aid agreement it shall become
a valid and binding obligation upon the Village of Elk Grove
Village in accordance with its terms.
Section 2. That this resolution shall be in full force
and effect from and after its passage and approval according to
law.
PASSED%this 20th day of December, 1962.
APPROVED this 20th day of December, 1962.
Pz s dent
Attest:
Village Clark
PURCHASE AGRFX31ENT
THIS AGREEMENT made and entered into this 204�.tay of
December, 1962, by and between ELK GROVE NATER AND SEIdER CGMPANY,
INC,, an Illinois public utility corporation (hereinafter some-
times called ''Company"), and THE VILLAGE OF ELK GROVE VILLAGE, an
Illinois municipal corporation located in the Counties of Cook
and Du Page, Illinois (hereinafter sometimes called 'Village"),
WITNESSETH:
WHEREAS, the Company presently owns and operates a
water and sewer system in the Village pursuant to and under the
terms and provisions of franchises heretofore granted to it by
said Village; and
WHEREAS, on or about September 18, 1961, the Village
adopted Resolution No. 17-61 entitled "A resolution of intention
by the Village of Elk Grove Village to acquire the water and
sanitary sewer properties of Elk Grove 'Water and Sewer Company,
Inc.", which resolution is still in full force and effect; and
WHEREAS, subsequent to the adoption of the aforesaid
resolution the Village has been conducting negotiations with the
officials and representatives of the Company in an endeavor to
carry out the intent and purpose of the aforesaid resolution; and
iIHEREAS, as of recent date the Village and the Company
have riot been able to come to any agreement relative to the pur-
chase of said water and sewer system by the Village and the sale
thereof by the Company to the Village; and
WHEREAS, the Village has indicated its intention to
condemn the water and sewer system of the Company pursuant to
the statutes of the State of Illinois in such case made and pro-
vided; and
WHEREAS, in view of the threatened condemnation of its
water and sewer system, the Company has deemed it advisable to
endeavor to negotiate, the sale of its water and sewer system to
the Village in order to obviate the necessity of long and expen-
sive condemnation proceedings; and
WHEREAS, in order to finance the acquisition of the
said water and sewer system the Village intends to issue certain
revenue bonds pursuant to the provisions of the Illinois Munici-
pal Code;
NOW, THEREFORE, for and in consideration of the mutual
covenants hereinafter contained and in view of the threatened con-
demnation of the Companyls water and sewer system by the Village,
and for other good and valuable considerations, the parties hereto
agree as follows:
1. Agreement to Purchase and Sell, The Village agrees
to purchase the said water and sewer system from the Company upon
the terms and conditions hereinafter set forth and the Company,
upon these terms and conditions, agrees to sell the said water
and sewer system to the Village,
2, Description of Water and Sewer System. The water
and sewer system to be purchased by the Village and sold by the
Company shall consist of all of the properties, real, personal
and mixed, which comprise or form a part of the water and sewer
system owned and operated by the Company as of August 1, 1962,
together with all additions and improvements made and contracted
for after August 1, 1962, and prior to the Closing Date (includ-
ing any Work in Progress as of the Closing Date but excluding the
real estate and facilities referred to in paragraph 7 hereof),
save and except, however, cash on hand or in banks, evidences of
indebtedness or other securities, accounts receivable, prepaid
insurance and all income and revenue from said water and sewer
system through the Closing Date and any and all other personal
property or assets which are not specifically part of the physical
plant of the water and sewer system. Without limiting the
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generality of the foregoing, such water and sewer system shall
include:
(a) All real estate owned by the Company as legally
described in Exhibit A attached hereto, together with
all buildings, structures and improvements thereon;
(b) The right, title and interest of the Company in and
to any and all easements occupied or used by the Com-
pany in connection with the operation of its water
and/or sewer business;
(c) All wells, reservoirs, tanks, standpipes, treatment
plants, sewage disposal facilities, mains, sewers,
conduits, pipes, laterals, gathering lines, installed
meters, service connections, valves, fire hydrants,
pumps, machinery, equipment, tools, chlorinating equip-
ment, chemicals, and any and all property and appurte-
nances which are attached to and used in connection
with the operation of the water and sewer system;
(d) All rights, privileges, franchises, permits, grants,
consents, licenses, right -of --way grants, and other
property rights not hereinbefore specifically mentioned,
and all renewals, extensions, enlargements and modi-
fications thereof, and any and all customers[ lists,
meter books, maps, surveys, title reports, charts,
plans, consumers' records, trucks, radio transmitting
and receiving sets, meters in stock, typewriters, add-
ing machines, billing machines, desks, chairs, tables,
and file cabinets and other things of value belonging
to or comprising part or any part of the water and
sewer system or used and useful in connection therewith
not specifically excepted therefrom,
3. Assignment of Water Commission Contract. The Com-
pany shall, upon written request of the Village, assign to the
Village all of its right, title and interest under the terms and
provisions of that certain contract between The Elmhurst -Villa
Park -Lombard Water Commission and the Company dated the 6th day
of May, 1958, as amended by agreement between the Company and the
said Water Commission dated August 26, 1958; provided that said
request shall be made not later than two (2) years after the
Closing Date. The Village shall not be bound in any manner nor
to any extent by any of the terms and provisions of the aforesaid
contract, as amended, unless and until the assignment referred to
in this paragraph has been made to and accepted by the Village.
4. Purchase of Water from Water Commission. The Vil-
lage shall, from time to time during the period beginning with
the Closing Date and ending January 6, 1998, purchase from Centex
Construction Co., Inc. (as assignee of that certain contract dated
the 6th day of January, 1958, by and between General Electric Com-
pany, a New York corporation, and The Elmhurst -Villa Park --Lombard
Water Commission, a water commission created and existing under
the laws of the State of Illinois) water in the annual minimum
amounts and at the prices set forth in paragraph 6 of said con-
tract, provided that the said annual minimum amount does not
exceed its annual requirements which are necessary to supply water
to all of its customers as of the 1st day of January of each
calendar year during the term of such contract, but in the event
such annual requirements shall be less than the annual minimum
amount specified in said contract, then and in such event the
Village shall be required to purchase only its annual requirements
determined in the manner above specified as of the 1st day of
each such calendar year. In determining the Villagers annual
requirements for this purpose as of the 1st day of any of such
calendar year, any existing water supply facilities then ovined by
the Village and any other sources of water supply which may then
be available to it shall be considered as non-existent.
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The Village shall, subject to the terms and conditions
set forth in said contract, have the option to purchase any and
all additional water in excess of the specified annual minimum
amount set forth in paragraph 6 of said contract (but not in ex-
cess of the maximum amount specified in said contract) which may
become available for purchase from the said The Elmhurst -Villa
Park -Lombard Water Commission under the terms and provisions of
said contract upon the terms and conditions and at the prices
therein set forth. The Village shall also have additional options
at any time during the term of such contract to become the assignee
thereunder upon its undertaking to assume and become bound by the
terms and provisions thereof and upon its obtaining the consent
of the said water Commission (if necessary) to any such assignment,
or with the consent of the said Water Commission or by order of
court to terminate said contract provided Centex Construction Co.,
Inc. is simultaneously relieved of any and all further obligations
thereunder. All payments for any and all water purchased by the
Village under the terms and provisions of this paragraph shall be
made solely from the revenues of the water and sewer system of the
Village, and shall not be or become a claim against the credit of
the Village or any other funds thereof.
5. Closing Date and Time and Place of Closing. The
purchase and sale herein provided for shall be consummated and
closed not later than March 20, 1963, and in the event that there
is no closing by that date, this agreement shall, at the option of
the Company, become null and void. The closing shall be at such
time and place in the City of Chicago, Illinois, as the Village
may designate by notification in writing addressed to the Company
at least fifteen (15) days before the designated date of closing
unless a different date or a different time or place is agreed to
in writing by the Village and the Company. The time and date
designated for consummating and closing the sale (or the most
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recently agreeu upon date, if any) is herein called the ''Closing
Date.'
6. Purchase Price. The purchase price to be paid by
the Village to the Company for the water and sewer system as
described in paragraph 2 and the several subparagraphs thereof
shall be the sum of Three Million Three Hundred Fifty Thousand
Dollars (3,350,000), which said amount shall be paid in cash or
by cashier's or certified check payable to the Company on the
Closing Date.
7. Purchase of Elevated Storage Tank and Other Facili-
ties. It is understood and agreed that the Company will con-
struct in the area bounded by Arlington Heights Road, Biester-
field Road, Bisner Road and Cosman Road an elevated storage tank
of at least 500,000 gallons capacity, a well drilled to and
drawing water from the Galesville Sandstone formation, pump(s),
and other related facilities in accordance with the provisions
of its communication of August 8, 1962, at a cost of 180,000,
which, together with the real estate upon which the same are
situated, will be conveyed or transferred to the Village and
will be paid for by the Village out of the proceeds of its pro-
posed revenue bond issue. The said elevated storage tank, well,
pump(s), and other facilities shall not be considered a part of
the water and sewer system of the Company hereinbefore described
nor Work in Progress as of the Closing Date and the said sum of
$180,000 which is to be paid to the Company by the Village shall
be in addition to the amount to be paid by the Village to the
Company for the above described water and sewer system as set
forth in paragraph 6 above. Construction and installation of the
said elevated storage tank, well, pump(s), and other facilities
referred to in this paragraph shall not be commenced prior to
May 1, 1963, and shall be completed by the Company on or prior to
to December 31, 1964, and the Company shall thereupon trans-
fer and convey the said elevated storage tank, well, pump(s),
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and other facilities and the real estate upon which the same are
situated to the Village upon payment of the said purchase price
of $180,000 therefor. Payment of the said purchase price for
said elevated storage tank, well, pump(s) and other facilities
and the real estate upon which the same are situated shall be
made to the Company by the Village only upon completion of the
construction and installation of said facilities and the convey-
ance and transfer thereof and of said real estate to the Village
and after inspection and approval thereof by the Village Engineer.
8. Risk of Loss. If, prior to the Closing Date, any
material part of the water and sewer system shall be destroyed,
or substantially adversely affected by fire, flood, explosion or
other cause, the Village may, at its election, terminate this
Purchase Agreement without any claim of either party hereto
against the other in respect hereof. If, having such election,
the Village shall not terminate this Purchase Agreement prior to
the Closing Date, or if, prior to the Closing Date, there shall
occur any damage to or destruction of any part of the water and
sewer system not of such a nature as to entitle the Village to
teraiihate! this Purchase Agreement, the Village shall accept the
water and sewer system in its damaged condition and the Company
shall assign to the Village all proceeds of any insurance cover-
ing such damage or destruction; and to the extent and by the
amount that any such damage or destruction shall not be fully
covered by insurance proceeds, the purchase price to be paid by
the Village shall be reduced accordingly.
9. Insurance Policies. The Company agrees to assign
or to cause to be assigned to the Village any or all insurance
policies owned and held by the Company on the properties described
in paragraph 2 hereof, if any or all such policies are assignable.
The Village agrees to pay the Company an amount equal to the total
cost of such policy so assigned multipled in each case by the
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ratio of (i) the number of days remaining from the Closing Date
to the expiration of such policy to (ii) the number of days com-
prising the term of such policy.
10. Taxes. The Company shall prorate and pay all taxes
applicable to the water and sewer system or the operation thereof
of any nature whatsoever through the Closing Date. Current real
estate taxes relating to the water and sewer system not due or
payable on or before the Closing Date shall be prorated from
January 1 of the year subsequent to the last year for which such
taxes have been billed through the Closing Date, and the Company
agrees to pay to the Village by check on the Closing Date its pro
rata share of such taxes. Such proration shall be computed on the
basis of the most recently available taxes; provided, however,
that at such time as the taxes for the year or years included in
such prorations become available, either party agrees to remit
to the other the difference, if any, between the amount so paid
by the Company on the Closing Date and the amount that would have
been paid by the Company had such taxes been computed on the
basis of the actual taxes levied for such year or years.
11. Electric Power Bills and Other Unbilled Expenses.
Unless it shall be feasible to cause the utility involved to make
a meter reading as of the Closing Date and bill the Company to the
date of such meter reading, all electric bills which have not been
billed to the Company on the Closing Date and when received con-
stitute an expense to the water and sewer system shall be prorated
between the Village and the Company so that the Company shall pay
that portion of the first bills received after the Closing Date as
the number of days from the last meter reading or bill through the
Closing Date bears to the total number of days for which said bills
are rendered, and the Village shall pay the remainder of such
bills. The Village, upon receipt of such utility bills, shall
notify the Company of the amount due from the Company for its
portion of said bills and the Company shall promptly remit such
amount to the Village.
12. Billed and Unbilled Accounts. Amounts due the
Company for sewer charges and water services billed and unbilled
to the Closing Date shall be provided for as follows:
(a) All_ae-counts receivable of the Company for unpaid
water bills and sewer charges rendered prior to the Closing
Date shall remain the property of the Company. The Company
shall furnish the Village with a list of all unpaid accounts,
and the Village shall use reasonable efforts to attempt to
collect the unpaid bills for and on behalf of the Company,
but the Village shall not be liable to the Company for any
amounts not collected. The first payments received from any
persons named on such lists shall be applied on such unpaid
accounts and shall be the property of the Company. The Val-
late agrees to remit promptly any amount so collected less a
five percent (5%) collection charge to the Company.
(b) All unbilled amounts due the Company for sewer
charges and water service for the period between the last
billing date and the Closing Date shall be prorated between
the Village and the Company so that the Company shall receive
that portion of the first bill rendered and collected by the
Village after the Closing Date as the number of days from the
last billing date through the Closing Date bears to the total
number of days for which said bills are rendered.
13. Debts and Accounts Payable. It is mutually under-
stood and agreed that the Village does not assume any liability of
any nature for the payment of the Company's debts and accounts
payable, and that the liability and responsibility for said debts
and the accounts payable and the payment thereof shall remain with
the Company.
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14. Representations, Warranties and Agreements by the
Company. The Company represents, warrants and agrees to and with
the Village as follows:
(a) That it is and on the Closing Date will be a
corporation duly organized and existing and in good standing
under the laws of the State of Illinois.
(b) That it has taken all necessary corporate and legal
action to authorize the execution, delivery and performance
on its part of this Purchase Agreement and the performance
hereof by it will not be in contravention of its Articles of
Incorporation or By -Laws or any contract or agreement to
which it is a party or subject.
(c) That it will operate and maintain the water and
sewer system as a going concern, making such repairs and bet-
terments as may be necessary in the usual and regular course
of business until the Closing Date, and that it will not sell
or otherwise dispose of any part of the water and sewer system
except such part or parts as may be retired from service in
the ordinary course of business prior to the Closing Date.
(d) That the balance sheet of the Company dated as of
October 31, 1962, a copy of which has heretofore been de-
livered to the Village, reflects with substantial accuracy
the financial position of the Company as of the date of said
balance sheet.
(e) That since the date of the balance sheet referred
to in (d) above there has not been, and prior to the Closing
date there will not be, any material adverse ciiange in the
Company's operations, properties, or assets, and the Company
has not and will not incur any liabilities other than those
shown on said balance sheet or enter into any transactions,
except liabilities incurred or transactions entered into in
the ordinary course of business.
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(f) That it has, or will have in the case of addi-
tional assets acquired between the date hereof and the Clos-
ing Date, good and marketable title to the water and sewer
system, and it will have such title on the Closing Date; and
its title to the water and sewer system on the Closing Date
will be unencumbered or proper provision will have been made
for payment and release of any existing encumbrance.
(g) That there is not now any litigation, suits or
governmental proceedings pending or to its knowledge thre&t,
ened which might adversely affect its title to, right to
possession of, or right to use the water and sewer system, or
which might interfere with the sale and purchase contemplated
hereby, and it will promptly notify the Village in writing
if any litigation, suits or governmental proceedings shall
be instituted or threatened prior to the Closing Date.
(h) That it has rights of way and easements (either by
grant or by dedication or by its franchises with the Village)
and that they are sufficient to authorize maintenance of all
of its water pipes and sewers over private lands and public
highways and it has good and sufficient rights to keep and
maintain the water and sewer system in the manner in which
the same is now maintained and kept.
(i) That there will be on the Closing Date no trust
deeds, mortgages.or indentures for which provision for pay-
ment and release has not been made which affect the water
and sewer system and all the rights, contracts and other
property of the water and sewer system are transferable and
assignable by the Company as herein contemplated.
(J) That if the purchase and sale of the water and
sewer system is consummated as herein provided, the Company
agrees that it will not thereafter engage or attempt to en-
gage in the business of operating a water and sewer system
in the Village or within one and one-half miles of the Vil-
lage limits determined as of May, 1, 1963, and that it will
cause to be canceled any certificates of convenience and
necessity and any rates for water and sewer services in the
Village or applicable thereto.
15. Documents to be Delivered by the Company on the
Closing Date. The Company shall prepare or cause to be prepared
for delivery to the Village on the Closing Date the following
documents:
(a) Good and sufficient deeds, bills of sale, assign-
ments and other instruments of conveyance and transfer with
sufficient revenue stamps either affixed thereto or attached
thereto for subsequent affixing as shall be necessary to con-
vey to and vest in the Village good and merchantable title to
all of the properties described in paragraph 2 and the varickB
subparagraphs thereof free and clear of any and all liens and
other encumbrances, except for current taxes not payable pricy
to the Closing Date and matters acceptable to the Village.
(b) Preliminary reports of title of Chicago Title and
Trust Company covering a date not later than thirty (30) days
prior to the Closing Date in the amount of $10,000 as evi-
dence of title to the real estate referred to in paragraph
2(a) hereof and described in Exhibit A hereto attached show-
igg record title to the said real estate to be in the Company,
subject only to the matters to which this Purchase Agreement
is subject by the terms hereof, and to such other matters as
shall be acceptable to the Village.
(c) Affidavit of title of the Company to the real
estate described in paragraph 2(a) hereof covering the period
from the date of any preliminary reports of title to the
Closing Date.
(d) Maps containing legal descriptions of the real
estate described in paragraph 2(a) hereof showing the
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i�catlun of ail buildings and Lmprivements located t:.e4teon
together with maps adequate to show the location and legal
description of all easements to be conveyed to the Village,
(e) A chattel mortgage, judgment and federal lien
search covering a date not later than seven (7) days prior
to the Closing Date showing no chattel mortgages, judgments
or other liens outstanding against the Company,
(f) Articles of Incorporation of the Company and all
amendments thereto certified by the Secretary of State of
the State of Illinois.
(g) Certificate of good standing of the Company issued
by the Secretary of State of the State of Illinois dated not
more than thirty (30) days prior to the Closing Date.
(h) Certificate of the Secretary of the Company dated
as of the Closing Date, with respect to corporate standing,
by-laws, incumbency of officers and their signatures, and
corporate director and shareholder resolutions authorizing
the performance of the Purchase Agreement,
(i) Opinion of counsel of the Company addressed to the
Village dated as of the Closing Date to the effect that:
(1) All necessary and appropriate corporate action
has been taken by the Company to authorize the execution
and delivery of this Purchase Agreement and the instru-
ments delivered by the Company in the performance here-
of, and this Purchase Agreement and the instruments de-
livered by the Company to the Village are valid in
accordance with their terms and effective to transfer to
the Village merchantable title to the water and sewer
system as defined in paragraph 2 hereof, free and clear
of all defects, liens and encumbrances, other than mat-
ters acceptable to the Village, and that the Company
does have merchantable title to all property which it
seeks to transfer.
(j) Such other documents and showings as shall reason-
ably be required and which shall be prepared and submitted
to Edward C. Hofert, Attorney for the Village, by bond
counsel.
16. Additional Documents. If at any time after the
Closing Date it shall appear that additional bills of sale, deedq
assignments or other papers are reasonably necessary to complete
or perfect the transfer of any part of the water and sewer system
to the Village, the Company agrees to execute such additional
bills of sale, deeds, assignments or other papers upon the written
request of the Village.
17. Agreement by the Village. The Village agrees to
and with the Company that it will make every reasonable effort to
finance the acquisition of the water and sewer system through the
issuance of Revenue Bonds pursuant to the provisions of the
Illinois Municipal Code sufficient in amount to provide for the
payment of the purchase price of said water and sewer system and
for the purchase price of the facilities and real estate provided
for in paragraph 7 hereof and for any and all other additions and
improvements which are contemplated to be constructed and/or in-
stalled pursuant to the terms and provisions of any ordinance or
ordinances authorizing the issuance of such Revenue Bonds. The
provisions of the Revenue fonds and the Ordinance authorizing the
issue thereof shall be those usually and customarily contained in
similar instruments and ordinances used by municipalities in the
general Chicago area.
18. Indemnity. The Company agrees to indemnify the
Village and hold it harmless against any and all losses, claims,
damages, expenses and liabilities (includ_ng but not limited to
tax liabilities) arising out of or in connection with the assets
comprising and the operation of the water and sewer system prior
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to noon of the Closing Date. The Village agrees that if such
liability shall be asserted against it, it shall promptly notify
the Company and afford the Company a reasonable opportunity to
defend the same at its own expense.
19. Financing. The Company understands and agrees
that the purchase by the Village of the water and sewer system
and the additional facilities provided for and described in para-
graph 7 hereof is dependent upon the Village's obtaining the
necessary financing thereof' by the issuance of Revenue Bonds in
conformity with the Illinois Municipal Code on or prior to the
Closing Date. The Village will proceed promptly to devote its
best efforts to obtain such financing. The consideration to be
paid by the Village for the water and sewer system and the addi-
tional properties provided for and described in paragraph 7
hereof shall be payable solely from such source of funds and not
otherwise, and this Purchase Agreement is contingent upon such
financing being available to the Village. If for any reason such
financing is not available to the Village on or prior to the
Closing Date, then this Purchase Agreement shall, at the option
of either party thereto, become null and void and all undertak-
ings, obligations and liabilities of the parties hereto shall be
automatically terminated, released and discharged.
20. Notices. All notices in connection with this
Purchase Agreement shall be given when mailed by registered mail,
postage prepaid, to the President of the Village, Village Hall,
Elk Grove Village, Illinois, and to the Company, 29 Park and
Shop Lane, Elk Grove Village, Illinois.
21. Assignment and Applicable Law. This Purchase
Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the Company and upon the successors of
the Village and shall be determined to be an Illinois contract
and any matter concerning this Purchase Agreement shall be
determined by Illinois law.
22. Invalidity. If any term or provision of this
Purchase Agreement or the application thereof to any person or
substance shall to any extent be invalid or unenforceable as
finally determined by any court of competent jurisdiction, this
Purchase Agreement may, at the option of either party, be can-
celed and terminated, and all obligations, undertakings, and
liabilities of the parties hereto shall thereupon automatically
be terminated, released and discharged.
23. Conditions to Final Consummation of Purchase Agree-
ment. It is mutually understood and agreed that final consumma-
tion of this Purchase Agreement is contingent upon, and subject
to, the fulfillment of all of the terms of this Purchase Agree-
mrnt on or prior to the Closing Date or such extended period as
may be agreed upon by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Purchase Agreement to be executed in their respective corporate
names by their respective officers thereunto duly authorized and
their respective corporate seals to be hereunto affixed and at --
tooted by taeir respective officers having custody thereof the
day and year first above written.
THE VILLAGE OF ELK GROVE VILLAGE
( SEAL )
By
Attest: Its President
Its Cler
ELK GROVE WATER AND SEWER COMPANY, INC,
(SEAL) B ct,v. '
iW
Its Presi en -
bra.
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EXHIBIT A
Parcel I
Lot 313 in Elk Grove Village Section 1 North, being a Subdivision
in the Southeast Quarter of Section 21, Township 41 North, Range
11, East of the Third Principal Meridian in Cook County, Illinois.
(Well Site No. 1)
Parcel II
That part of the Southwest Quarter of the Southwest Quarter of
Section 26, Township 41 North, Range 11, East of the Third Prin-
cipal Meridian, described as follows: Commencing at the Easterly
right of way line of State Route 83 and the North line of Touhy
Avenue as dedicated in Centex Industrial Park, Unit 6, being a
Subdivision in Sections 26 and 35, Township 41 North, Range 11,
East of the Third Principal Meridian; thence East along said
North line of Touhy Avenue, 256.0 feet; thence North at right
angles to said North line of Touhy Avenue 95.0 feet; thence
Northwesterly along a line forming an angle of 53 degrees 31
minutesto the left with the preceding line extended, a distance
of 155.x+5 feet; thence West 130 feet, more or less, to a point on
said Easterly right of way line of State Route 83, 187.50 feet
North (as measured along said Easterly right of way line) of the
place of beginning; thence South along said Easterly right of way
line 187.50 feet to the place of beginning, in Cook County,
Illinois.
(Well Site No. 2)
Parcel III
The South 60 feet of the East 80 feet of the West 205 feet of Lot
1460 in Elk Grove Village Section 4, being a Subdivision in the
South half of Section 28 and the North half of Section 33, both
in Township 41 North, Range 11, East of the Third Principal
Meridian, in Cook County, Illinois.
(Lift Station Site)
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