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Home My WebLink AboutRESOLUTION - 51-82 - 9/28/1982 - AGRMNT/BRICKVALE SUBDIVISIONRESOLUTION NO. 51-82 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AGREEMENT WITH INDIVIDUAL PROPERTY OWNERS IN THE BRICKVALE SUBDIVISION 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 I I I inois: Section 1: That the Village President be and is hereby authorized to sign the attached documents marked "Service Agreement" for the provisions of sewage collection and treatment service with the individual property owners in the Brickvale Subdivision which subjects the owners to certain terms and conditions imposed upon the Village by the MSDGC for sewage collection and treatment (Brickvale Subdivision is located in DuPage County and outside the territorial boundaries of the MSDGC) 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 28th day of September , 1982 - APPROVED this 28th day of September , 1982. -Charles J. Zettek i Village President ATTEST: Patricia S. Smith Village Clerk SEWAGE TREATMENT AGREEMENT THIS AGREEMENT made and entered into this 28 day of September, 1982, at Elk Grove village, Illinois, by and between the Village of Elk Grove Village, an Illinois Municipal Corporation and the owners of certain properties located within the Village, which properties are identified by the following permanent index numbers: 03-02-101-001, 03-02-101-002, 03-02-101-003, 03-02-101-004, 03-02-101-005, 03-02-102-001, 03-02-102-002, 03-02-102-006, 03-02-102,007, 03-02-102-008, 03-02-102-009, 03-02-102-023, hereinafter collectively referred to as Owners; 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 owners 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 Owners 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 Owners; and WHEREAS, the owners 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: 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 Owners 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 Owners 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 Owners 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, the itemization of said charges being previously set forth in the letters of intent signed by the various Owners or their respective agents, dated August 24, 1982, addressed to the Village of Elk Grove Village. -2- 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 Owners shall pay, or cause to be paid, an amount not to exceed $1,000.00 for amendments to the M.S.D.G.C. jurisdictional map. In addition to all fees and charges herein set forth, the Owners agree 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 Owners 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 shall control and govern the billing and collection, disconnection upon nonpayment, connection, reconnection and inspection fees and such other regulations pertaining 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 Owners shall, at their 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. -3- 4.Lr. I ; 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 owners 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 Owners hereby agree 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, choses in action, whether meritorious or not, which arise or are asserted against the Village in connection with the terms of this Agreement. 6. The Owners agree that the Village shall not be liable or responsible for any damages which may occur as a result of the malfunction- ing, incapacity, break -down 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 owners 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 WIM 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 Owners agree 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 28th day of �Pprpmher , 1982. THE VILLAGE OF ELK GROVE VILLAGE BY: Charles J. 7etfp�k VILLAGE PRESIDENT ATTEST: Patricia S. Smi VILLAGE CLERK The following legal description for the Brickvale Subdivision is provided to include all lots currently subdivided within the original subdivision. BRICKVALE SUBDIVISION OF LOTS 4 AND 5 IN DEVON FIVE ACRE FARMS, A SUBDIVISION OF THE WEST HALF OF THE WEST HALF OF THE NORTHEAST QUAR- TER OF SECTION 2 AND THAT �'ART OF THE EAST HALF OF THE NORTHWEST QUAR- TER OF SAID SECTION 2 LYING EAST OF THE EAST LINE OF THE WEST 9 FEET THEREOF, EXCEPTING FROM ALL OF SAID PREMISES THE EAST HALF OF THE NORTH 60 ACRES THEREOF CONVEYED TO LUDWIG KOPOWZINSKI, ET AL, BY DEED DATED MAY 27, 1913 AND RECORDED IN BOOK 110 OF DEEDS ON PAGE 519 AS DOCUMENT 112247, ALL IN TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH INCLUDES THE FOLLOWING: LOT l,2,3,4,5,6,7,8,9,lG AND 11 OF THE BRICKVALE RESUBDIVISION OF PART OF THE DRICKVALE SUBDIVISION, AND LOT 2 OF THE FIRST DIVISION IN BRICKVALE SUBDIVISION, BEING A SUBDIVISION OF PART OF BRICKVALE SUBDIVISION, AND... LOT 2 OF THE SECOND DIVISION IN BRICKVALE SUBDIVISION, BEING A SUBDIV- ISION OF PART OF BRICKVALE SUBDIVISION, AND LOT 3 OF THE DE VAC SUBDIVISION, BEING A SUBDIVISION OF PART OF BRICK - VALE SUBDIVISION, ALL IN DU PAGE COUNTY, ILLINOIS. RLP: pp PERMANENT PARCEL NO. 03-02-101-001 03-02-101-002 03-02-101-003 03-02-101-004 03-02-101-005 OWNER Hollenbeck & Sather, Inc Address: 2,110 Rrickyalp Drivp Elk Grove Village, Il 60007 Hollenbeck & Sather, Inc Address: 2330 Brickvale Drive Elk Grove Villaqe. 11 60007 Hollenbeck & Sather, Inc. Address: 2330 Brickvale Drive BY Gordon E. Stenoien TITLE: Secretary—/ BY. - Gordon E. Stenoien TITLE: ecretar BY: Gordon E. Sterolen Elk Grove Village, Il 60007 TITLE: Secretary 19 Charles M. Bjarnason BY: Address: e07 -4 z zz 7 V-�� _aaeyo TITLE: Hollenbeck & Sather, Inc. BY: Gordon E. Stenoien Address: Mu prICKyale Drive Elk Grove Village, Il 60007 03-02-102-001 Hollenbeck & Sather, Inc. Address: 2330 Brickvale Drive Elk Grove Village, Il 60007 03-02-102-002 Hollenbeck & Sather, Inc. Address: 2330 Brickvale Drive .Elk.Grove Village, 11 60007 03-02-102-006 La Salle Trust #42963 McLennan CoM.any Agent Address 25 N. Northwest ftilmi�ray Park Ridge, IL 60068 03-02-102-007 La Salle Trust #42964 McLennan 11 rtjln ,,,ty,iAg,nt Address: 25 N. No Mway Park Ridge, IL 60068 TITLE: S2c��ary, BY - 'Gordon E. Stenolen TITLE: �.S e c r e tofly,// By Gordon E. Szendien TITLE: President PERMANENT PARCEL NO. 03-02-102-008 03-02-102-009 03-02-102-023 OWNER Hollenbeck & Sather, Inc Address: 2330 Brickvale Drive Elk Grove Village, Il 60007 Citizens Bank Trust #66-1886 c/o United Cement, Lime, Gypsum Address: and Alligd Workers Tnt 11ni n 7830 W. Lawrence Ave Norridge, 11 UU65F — American National Bank Trust #45123 Address c/o Cast -O -Matic, Inc. HV'Groy'Nfl? Leslie Ronto, Jr., President Gordon L. btenoTen, TITLE: Secretary ThomaT F. Ml�!chur,-Fr—esider of United Cement, Lime, xxx%n Gypsum & Allied Workers--5—t—,—�2UU—ni—on --B—enef. BY 7' 1 . Leslie Ronto Jr. TITLE: Benefici