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HomeMy WebLinkAboutRes 29-81 08/04/1981 ~ I ..-/ RESOLUTION NO. 29-81 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE RAUENHORST CORPORATION REGARDING INSTALLATION AND CONSTRUCTION OF ON-SITE IMPROVEMENTS HEREAS, on April 15, 1980, this Village approved and authorized he execution of an Annexation Agreement with Rauenhorst Corporatin nd other parties in title or interest concerning certain property 0 be subsequently purchased by Rauenhorst and annexed to the ,illage of Mount Prospect, Illinois; and kHEREAS, pursuant to said Annexation Agreement, Rauenhorst is to Ibndertake the construction and installation of certain improvement " Il'nClUding permanent roadways, with respect to the said property at uch time as Rauenhorst has purchased the property and accomplishe I nnexation action; and . I~HEREAS, Rauenhorst Corporation has obtained consent of the presen wners of the property in question to undertake the permanent oadway and related and ancillary utility improvements prior to urchase and annexation; and HEREAS, Rauenhorst has submitted to this Village an Agreement (a opy of which is attached hereto labeled Exhibit A and made a part ereof by reference) agreeing to undertake the construction and 'nstallation of said improvements prior to purchase and annexation I f the property in question, and to accomplish such construction nd installation pursuant to the standards set forth in the Annexa i greement, provided that the Village will perform the functions laced upon it by the Annexation Agreement with regard to said 'mprovements, including acceptance of the dedication and the aintenance responsibility thereof following completion of the onstruction and installation work; and HEREAS, it is deemed to be in the best interest of the Village of ount Prospect to enter into this Agreement providing for an earlir onstruction and installation of the aforementioned improvements. OW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES F THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Agreement between the Village of Mount Prospect and Rauenhorst Corporation, as attached hereto as Exhibit A and incorporated herein by reference, is hereby approved and accepted, ,and the President of the Board of Trustees of the Village of ~ount Prospect is hereby authorized and directed to execute the same on behalf of this Village and the Village Clerk is hereby authorized and directed to attest the execution of said Agreement and to affix thereto the seal of this Village. SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. r~ PASSED this 4th day of August , 1981. IAYES: Arthur, Farley, Floras, Miller, Murauskis, Wattenberg NAYS: None ABSENT: None APPROVED this 4th day of Auqust , 1981. c~/ VILLAGE ESIDENT ATTEST: ~~~ VILLAGE CLERK " , . A ".'~ , A G R E E MEN T --------- This Agreement is made this I~ day of #dI1osr, 1981, by and between the Village Of Mount Prospect, an Illinois Municipal Corporation (the "Village") and Rauenhorst Corporation, a Minnesota Corporation ("Rauenhorst"). WIT N E SSE T H ---------- WHEREAS, the Village and Rauenhorst (together with American National Bank And Trust Company Of Chicago, as Trustee under Trust No. 45771, and Northern Illinois Gas (Company) entered into a certain Annexation Agreement in May, 1980 (the "Annexation Agreement"), which relates to certain real estate in the north half of Section 35, Township 42 North, Range '11 East of the Third Principal M~ridian, in Cook County, Illinois (the "Annexation Property"); and WHEREAS, the Annexation Agreement contains stan- dards and agreements relating to the construction by Rauenhorst of public improvements, including permanent roadways' and related and ancillary improvements, and sanitary sewer lines and related improvements; and applies to the Annexation Property as and when the Annexation WHEREAS, the Annexation Agreement states that it , '- Property is purchased by Rauenhorst¡ and WHEREAS, Rauenhorst has advised the Village that Rauenhorst has made an agreement with Northern Illinois Gas Company to allow Rauenhorst to construct permanent roadways and related and ancillary improvements and sanitary sewer facilities and other utility improvements on portions of the Annexation Property prior to the purchase of such portions of the Annexation Property by Rauenhorst and prior to the ~ If". + ' ,/ . annexation of such portions of the Annexation Property to the Village. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the Village and Rauenhorst hereby agree as follows: 1. Rauenhorst agrees that all permanent roadways and related and ancillary improvements and all utility improvements constructed and operated by Rauenhorst on any portion of the Annexation Property prior to the annexation to the Village of such portion of the Annexation Property will be constructed and operated in accordance with the (provisions and standards of the Annexation Agreement relating to such improvements, as fully as if the portion of the Annexation Property on which such improvements are constructed and operated had been annexed to the Village prior to the commencement of construction and operation of such improve- ments. Rauenhorst further agrees that any sanitary sewer line improvements constructed by Rauenhorst as described herein will be located within the right of way for a perma- nent roadway, or access to such sanitary sewer line improve- ments will be provided by means of a maintenance road. 2. The Village agrees that if such permanent road- ways and related and ancillary improvements and utility improvements are constructed and operated in accordance with the provisions and standards of the Annexation Agreement, then, notwithstanding that the portion of the Annexation Property on which such improvements are located has not then been annexed to the Village, the Village will perform the functions allocated to the Village by the Annexation Agree- ment with regard to such types of improvements, including acceptance of dedication and maintenance responsibility - 2 - r'\ p "'. . where appropriate, to the same extent as it would if such improvements had been constructed and operated after the property on which such improvements are located was annexed to the Village. IN WITNESS WHEREOF, this Agreement has been executed on the date first above written. VILLAGE OF MOUNT PROSPECT By: '~¿ /lJ(~ Its: -t;2¿.'I1ß.E PR~S'7?;:=-;u r By: - 3 -