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HomeMy WebLinkAboutRes 56-01 11/06/2001 ESOLUTION NO 56-01 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT FOR THE SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE PROSPECT HEIGHTS PARK DISTRICT AND THE PROSPECT HEIGHTS PUBLIC LIBRARY DISTRICT WHEREAS, the Corporate Authorities of the Vdlage of Mount Prospect have entered into negot~abons w~th the Prospect Heights Park D~stnct and the Prospect Heights Pubhc L~brary D~stnct, ~n an effort to ~mplement a contract for the sale of water by the Vdlage of Mount Prospect to each facd~ty, sa~d Contract attached hereto as E~b~t "A", and WHEREAS, the Corporate Authont~es of the V~Ilage of Mount Prospect have determined that a contract for the sale of water wll be of mutual benefit to all part~es NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS SECTION ONE That the Mayor ~s hereby authorized to s~gn and the Clerk ~s authonzed to attest h~s s~gnature on the attached Intergovernmental Agreement for the Sale of Water by the Vdlage of Mount Prospect to the Prospect Heights Park D~stnct and the Prospect Heights Public L~brary, a copy of which ~s attached hereto and herebymade a part hereof as Exhibit '%". SECTION TWO That th~s Resolubon shall be ~n full force and effect from and after ~ts passage and approval in the manner pro'~ded by law AYES Corcoran, Hoefert, Lohrstorfer, Skowron, Wdks, Zadel NAYS None ABSENT None PASSED and APPROVED th~s 6th dayof November, 2001 ATTEST Velma ~V Lowe Vdlage Clerk H'~GEN~Ies\WlN\RESIWater ProsHt$ PD L~brar7 doc INTERGOVERNMENTAL AGREEMENT FOR THE SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE PROSPECT HEIGHTS PARK DISTRICT AND THE BOARD OF LIBRARY TRUSTEES OF THE PROSPECT HEIGHTS PUBLIC LIBRARY DISTRICT ~ Th~s Intergovernmental Agreement made and entered ~nto this ?~ day of / ~/./1~,~¢~.,'- ,2001 by and between the Vdlage of Mount Prospect (hereinafter call~ "Mount Prospect"), an Ilhno~s mumc~pal corporabon, and the Prospect Heights Park District (hereinafter the "Park D~stnct"), an Ilhnols park d~stnct, and the Board of L~brary Trustees of the Prospect Heights Pubhc L~brary D~stnct, (hereinafter the "Library D~stnct"), an Ilhno~s hbrary d~stnct WITNESSETH: WHEREAS, ~n order to safeguard and promote the health, welfare and well-be~ng of their governmental properties, the Park D~stnct and the L~brary D~stnct desire to purchase water from Mount Prospect for d~stnbut~on to their governmental properties on Camp McDonald Road and Elm Street, and WHEREAS, Mount Prospect ~s wdhng to furmsh water to the Park D~stnct and the Library D~stnct and expects to have avadable water for the in~t~al ten (10) year penod of this Agreement, as well as the ten (10) year option period as set forth m Section 20 hereof, and WHEREAS, Mount Prospect and the Park District and the L~brary District desire to enter into an agreement for the sale of water, NOW, THEREFORE, in cons~derabon of the mutual promises contained ~n th~s Agreement, Mount Prospect agrees to furmsh and sell, and the Park D~stnct and the L~brary D~stnct agree to receive, and pay for, water upon the terms and conditions, and for the consideration as set forth ~n th~s Agreement 1. Quantity of Water. During the years of th~s Agreement, Mount Prospect shall provide and make available to the Park D~stnct and the Library D~stnct, for their use at a dehvery point set forth ~n paragraph 3, water ~n the volume required by the Park District and the L~brary District for their facilities as shown on Exhibit "A". In the event that ~t becomes necessary for Mount Prospect to hm~t the delivery of water to ~ts customers, the Park D~stnct and the L~brary D~stnct shall be entitled to receive dunng such a period of scarcity its pro rata share of water avadable as determined by the proportion which the volume of water used by the Park D~stnct and the L~brary D~stnct dunng the last preceding twelve (12) month period bears to the volume of water used by the other customers of Mount Prospect for the same period In the event that ~t becomes necessary for Mount Prospect to I~m~t the usage of water by ~ts water customers, by imposing lawn and spnnkl~ng restrictions, or otherwise, the Park D~stnct and the L~brary D~stnct shall, upon not~flcabon by Mount Prospect, ~mpose the same water use restncbons and I~m~tabons on water customers connected to ~ts system served by Mount Prospect water 0ncludmg the Park D~stnct and L~brary D~stnct), and shall make every reasonable effort to pubhc~ze and shall enforce such I~m~tat~ons and restnct~ons unbl nobfled by Mount Prospect that the hmltabons and restncbons may be removed Restncbons may be ~mposed by water pressu re zones at the d~scret~on of Mount Prospect 2 Quality of Water. Water to be dehvered at the point of dehvery by Mount Prospect and recewed by the Park D~stnct and the Library D~stnct shall be of the same quahty as that prowded by the Mount Prospect system to customers w~th~n the corporate limits of Mount Prospect Water quality after the point of dehvery ~s the respons~bdlty of the Park D~stnct and the Library District So long as Mount Prospect meets ~ts respons~bd~ty pursuant to th~s paragraph, neither the Park District nor the L~brary D~stnct shall make any claim whatsoever against Mount Prospect for costs or damages caused by any failure to meet EPA or other regulatory water quality or compos~bon standards 3 Point of Delivery. The point of delivery of water from the water system of Mount Prospect to the Park D~stnct shall be at 110 W. Camp McDonald Road and shall be at 12 Elm Street for the L~brary D~stnct, as set forth on Exhibit "A" Any further point of delivery shall be subJect to the following cond~bons a The connecbon, the Iocabon of any such connecbon and the method of effecbng such connecbon to the Park D~stnct's and the L~brary D~stnct's system shall be subject to the approval of Mount Prospect and the work of effect~ng any add~bonal connecbons shall not be started untd any such approval has been granted ~n wnbng, ~n a t~mely fashion, by the corporate authonbes of Mount Prospect b Each connection shall be provided w~th a back water check valve to be mounted close to the water measuring dewce, as approved by Mount Prospect, ~n such a manner as to prevent the flow of water from the Park D~strlct and the L~brary D~str~ct to the Mount Prospect system In addition, a valve on each side of the meter shall be prowded 4 Installation Route The installation route, the size of the p~plng and the necessity and location of other structures, shall be ~n substantial conformance w~th Exhibit 5 Cost of Improvements. The Park District and the L~brary D~stnct shall each pay one-half (2) of the costs associated with the construction and ~nstallabon of any piping or structure required to fulfill this Agreement ("the ~mprovements"), including, but not I~m~ted to, all eng~neenng and legal fees, Including those incurred by Mount Prospect 6 Drawings and Permits. The working engineering drawings for the enbre system shall be submitted to Mount Prospect for rewew, mod~flcabon and approval The Park D~stnct and the L~brary D[stnct shall be responsible for obtaining such other bmely governmental approvals or permits as are necessary, ~nclud~ng but not limited to the IIl~no~s EPA and the C~ty of Prospect Heights Th~s shall apply even ~f the V~llage ~s the named perm~ttee 7 Ownership Improvements. Any ~mprovements constructed by the Park D~stnct and the L~brary D~stnct for the water system shall be conveyed along w~th necessary easements by the Park D~stnct and the L~brery D~stnct to Mount Prospect The cost and preparation for acquisition of easements shall be the responsibility of the Park D~stnct and the L~brary D~stnct, but Mount Prospect shall prowde reasonable assistance to accomplish such acqu~s~bon Conveyance of btle to the V~llage shall be by B~II of Sale after wntten approval of the ~nstallabon by the V~llage 8 Ma~ntenance~ Notification and Cost of Repair The Park D~stnct and the L~brary D~stnct shall not~fy Mount Prospect ~mmed~ately upon d~scovery of any break, defect or other malfunction ~n such ~mprovements and shall follow-up nobficabon ~n writing w~th~n twenty-four (24) hours In the event Mount Prospect shall detect such break, defect or malfunction, it shall notify the Park D~stnct and the L~brary D~stnct ~mmed~ately upon d~scovery and shall follow-up notification ~n wnbng w~th~n twenty-four (24) hours Mount Prospect shall have the right to cause repairs to be made at the sole expense of the Park D~stnct and the L~brary D~str~ct The cost of such repair, ~nclud~ng labor and materials to any ~mprovements required on account of th~s Agreement shall be borne by the Park D~stnct and the L~brary D~str~ct, whether occurring m Mount Prospect orthe C~ty of Prospect Heights Even though Mount Prospect shall own the ~mprovements, the Park D~stnct and the Library D~stnct shall be jointly and severally liable for the cost of the repair and maintenance of all of the improvements If a d~spute arises as to whether any port~on of the ~mprovements need or needed repair, the determ~nabon of Mount Prospect shall be final 3 9 Other Connections/Recapture. No connecbon or extension to serve any property other than those for governmental use shall be permitted w~thout the mutual consent of Mount Prospect and the Park D~stnct and the Library DIstnct The part~es agree that the costs of extending the water ma~n west on Camp McDonald Road w~ll be pa~d by the Park D~stnct and the Library D~str~ct, and a port~on of these costs shall be subJect to recapture from subsequent users benefiting from th~s extension, on such terms as the Park D~stnct, Library D~stnct and Mount Prospect may agree and as may be permitted by Illinois law 10 Measur,n.q Equipment. The Park D~str~ct and the Library D~stnct agree to furnish, install and replace as may be necessary, at their own expense, at the point of delivery to the Park D~str~ct and the Library D~stnct the necessary meter p~ts, valves and meters All such equipment shall be of a standard type approved by Mount Prospect and be capable of reading rate and quantity, w~th the capacity of accepting telemetenng equipment to permit remote read~ng, for measunng the quanbty of water delivered under th~s Agreement The meter w~ll be tested and calibrated annually The Park D~str~ct and the L~brary D~stnct shall be not~fled in writing of such cal~brabon so that ~t may be done m the presence of a representative of the Park D~stnct and the L~brary District, and so that the parties may jointly observe any adjustments which are made to the meter, in case any adjustments shall be necessary Maintenance and testing shall be performed by a contractor or representative from Mount Prospect and shall be paid for by the Park D~stnct and the Library District 11 Meter Reading Recordation. For the purpose of th~s Agreement, the original record or readings of the meter shall be ~n the meter journal or other record book of Mount Prospect Upon request by the Park Dlstnct and the Library D~stnct, Mount Prospect shall furmsh the Park D~stnct and the Library D~stnct w~th a copy of the records, or permit the Park D~stnct and the L~brary D~stnct to have access to them dunng reasonable business hours The Park Distr~ct and the L~brary District shall assure that the Village shall have access for reading and maintenance purposes 12 Umt of Measurement. The umt of measurement for determining compensabon for water delivered pursuant to th~s Agreement shall be that typically used by the V~llage and all measunng dewces shall be so calibrated 13 Price and Terms. The L~brary D~stnct and Park D~stnct shall pay Mount Prospect the nonresidential water rate as set forth ~n Section 22 504 2 or s~mllar rate provision of the Mount Prospect V~llage Code as ~t may from brae to bme be amended Th~s shall ~nclude delinquent and unpaid account prews~ons of Section 22 506 4 14 Billing. Mount Prospect shall bill the Park D~stnct and L~brary District monthly for all water furmshed at the point of dehvery and payments shall be due and payable by the Owner to Mount Prospect w~th~n thirty (30) days from the date of billing 15 Commencement of Liabil,ty for Payments. Llab[hty for making payments as above set forth shall commence on the date of the first tender of dehvery and after complebon of the ~nstallat~on and tesbng of the water ma~n 16 Continuity of Service Conditions. From the bme that water ~s tendered for dehvery to the Park D~stnct and the L~brary D~stnct at the designated point of dehvery, Mount Prospect shall, subject to the terms and cond~bons of th~s Agreement, continue to hold ~tself ready, w~lhng and able to supply water to the Park D~stnct and the L~brary D~stnct 17 No Liabil,ty, Mount Prospect shall not be hable for damages for breach of contract or otherwise for failure, suspension, d~m~nubon or other variation of servme 18 No Resale. The Park D[stnct and the L~brery D~stnct agree not to resell or otherwise prowde any water prowded pursuant to the Agreement to any other user, w~thout the prior written approval of Mount Prospect 19 Term of Agreement. Th~s Agreement shall continue in full force and effect for a period of ten (10) years from the Agreement date except as otherw,se provided ~n th~s Paragraph 19 The Park D~strlct and the L~brary D~stnct shall have the option to extend this Agreement for an add~bonal ten (10) year period The Agreement may be renewed for any additional term permitted by law upon such terms and cond~bons and rate adjustments, ~f any, which may be then agreed by and between the Park D~stnct and the L~brary D~stnct and Mount Prospect Th~s Agreement may be terminated by the Park D~stnct and the L~brary D~stnct upon thirty (30) days written not~ce to Mount Prospect ~fthe Park D~stnct and the L~brary D~stnct have water made available to them by the C~ty of Prospect Heights, or other agency or umt of government of which they are residents or members 20 Mod,fication This Agreement may be amended only ~n writing and w~th the consent of the governing bodies of Mount Prospect and the Park D~stnct and the Library D~stnct 21 Hold Harmless. The Park Dlstnct and the Library D~stnct shall hold and save Mount Prospect harmless from any and all claims, damages, su~ts, causes of action and the like which may arise by virtue of th~s Agreement 22 Notices. All notices provided for here~n shall be ~n wnbng and shall be dehvered by certified or registered ma~l to