HomeMy WebLinkAboutRESOLUTION - 9-07 - 2/13/2007 - UTILITY AGREEMENT/GROOT INDUSTRIES/WATER & SEWER RESOLUTION NO. 9-07
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A RENEWAL TO THE UTILITY AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE AND GROOT INDUSTRIES CONCERNING
WATER AND SEWER UTILITY SERVICES FOR 179 ELMHURST ROAD
NOW, THEREFORE, BE IT RESOLVED by the Mayor 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 Mayor be and is hereby authorized to sign the attached document
marked:
UTILITY AGREEMENT RENEWAL
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 document upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after its
passage and approval according to law.
VOTE: AYES: 4 NAYS: 0 ABSENT: 2
PASSED this 13th day of February 2007
APPROVED this 13th day of February 2007
APPROVED:
Mavor Craip,B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Villaj4e Clerk
A,-,rmtGroot l:1111110 rst Rd
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UTILITY AGREEMENT RENEWAL
THIS DOCUMENT SERVES AS THE RENEWAL TO THE UTILITY
AGREEMENT, between GROOT INDUSTRIES ("Groot") and the VILLAGE OF
ELK GROVE VILLAGE ("Village") CONCERNING WATER ANID SEWER
UTILITY SERVICES for 1759 ELMHURST ROAD.
WITNESSETH:
WHEREAS, Groot Industries is in the business of residential, commercial and
industrial waste removal and recycling; and,
WHEREAS, Groot Industries operates a waste and recycling Transfer Station at
1759 Elmhurst Road which facility is located adjacent to, but not within, the corporate
limits of the Village; and
WHEREAS, On July 25, 1995, Groot Industries and the Village entered into a
Utility Agreement whereby the Village agreed to permit access to its water and sewer
utilities for Groot's Transfer Station under specific terms and conditions; and,
WHEREAS, Groot requested that the Village renew and extend the terms of the
existing Utility Agreement thus providing revised terms and conditions for the utility
services and an annual fee 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 continue to provide access to its water and sewer utilities to
the Groot Transfer Station facility located at 1759 Elmhurst Road at the rate
charged for unincorporated properties (currently$6.99 per 1,000 gallons),
which rate shall not be increased unless as a part of and included with general
increases for other water and sewer customers.
2. Groot will continue into perpetuity to own and maintain the water and sewer
service lines servicing the Groot property. In addition, Groot must continue to
obtain and pay for any necessary water or sewer permits from the Village and
perform all primary and associated work and responsibilities as required of all
Village water and sewer customers.
3. The water and sewer service provided by the Village 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 at no cost through December 31, 2015. The
Village will tip all leaves directly at Groot's facility. Groot will accept the
leaves through December 31, 2015 at which time its obligation will cease.
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5. In addition to the fees set-forth in paragraph 1, Groot will pay the Village an
annual fee of fifteen thousand (S15,000) dollars payable as follows:
February 15, 2007 - S15,000
July 1, 2007 - $15,000
July 1, 2008 - S15,000
July 1, 2009 - S15,000
July 1, 2010 - S15,000
Groot's obligation to provide additional payments will cease upon making the
final payment due July 1, 2010.
6. Failure of Groot to pay the annual payment or pay the invoices for the water
.and sewer services will be considered a default of the agreement and in
addition to any other remedy which may be available to the Village, the
Village may terminate this agreement and/or.terminate the obligation to
provide water and sewer service to Groot.
7. This Agreement shall be binding on the parties hereto, their successors and
assigns and successors in interest.
IN WITNESS WHEREOF the parties hereto set their hand and seal this 25th
day of January 2007
Groot: Village:
GROOT YNDUSTRIES VILLAGE OF ELK GROVE VILLAGE
By: By: Craig B. Johnson
Craig B. Johnson
Its: Its: Mayor
ATTEST:
By: Ann I. Walsh
Its: Village Clerk
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