HomeMy WebLinkAboutRes 37-24 11/06/2024 Authorizing A Third Amendment And Extension Of The Contract For Sale Of Water By The Village Of Mount Prospect To The City Of Prospect HeightsRESOLUTION NO. 37-24
A RESOLUTION AUTHORIZING A THIRD AMENDMENT AND EXTENSION
OF THE CONTRACT FOR SALE OF WATER BY THE VILLAGE OF MOUNT
PROSPECT TO THE CITY OF PROSPECT HEIGHTS
WHEREAS, pursuant to Resolution No. R-94-48, the Village of Mount Prospect
(hereinafter the "Village" or "Mount Prospect") entered into a Contract for Sale of Water
by the Village of Mount Prospect to the City of Prospect Heights, dated August 15, 1994,
through which the Village agreed to sell water to the City of Prospect Heights (hereinafter
the "City" or "Prospect Heights") for the City's governmental properties along Camp
McDonald Road, (hereinafter the "Contract", attached hereto and incorporated herein as
Exhibit A"); and
WHEREAS, the Contract was amended on July 7, 1997, pursuant to Resolution
No. 33-97, to permit the continued sale of water to a City facility, whose ownership had
changed, according to the terms of that amendment, which is attached hereto and
incorporated herein as Exhibit B; and
WHEREAS, the Contract was amended on January 10, 2011, pursuant to
Resolution No. 01-11, to amend the text of paragraph 20 of the Contract, and to extend the
contract until August 15, 2024, which is attached hereto and incorporated herein as Exhibit
C; and
WHEREAS, paragraph 20 of the Contract provides an initial term of ten (10) years
from the Contract's effective date, subject to the City's option to extend the Contract for
an additional ten (10) year period, and such other extensions and terms as the parties may
agree upon; and
WHEREAS, the current Contract, as amended, expired on August 15, 2024; and
WHEREAS, the City requests that the Contract, as amended, be extended for the
an additional ten (10) year period, and the Village agrees to such an extension; and
WHEREAS, the City and the Village further agree that pursuant to paragraph 14,
Price and Terms, of the Contract be amended to reflect an updated rate to be paid by the
City for water from the Village; and
WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect
find that it is in the best interests of the residents of the Village to extend the term of the
Contract, as amended, until August 15, 2034, and to amend the Contract to provide water
service to the four additional properties.
SECTION 1: That Paragraph 14 of the Contract shall be deleted in its entirety and
replaced with the following: " The City shall be charged at a rate of 1.5 times the rate paid
by Village customers as established and amended from time to time by the Village's water
519321„1
and sewer rate ordinance. The 1.5 multiplier shall be applied to both the fixed and variable
components of the Village water rates. "
SECTION 2: That the Mayor and Village Clerk are hereby authorized and directed
to execute the Third Amendment and Extension of Contract for Sale of Water by the
Village of Mount Prospect to the City of Prospect Heights, substantially in the form set
forth and incorporated herein as Exhibit D.
SECTION 3: That this Resolution shall be in full force and effect from and after
its passage and approval in a manner provided by law.
AYES: Dante, Filippone, Gens, Grossi, Matuszak, Saccotelli
NAYS: None
ABSENT: None
PASSED and APPROVED this 6th day of November, 2024.
ATTEST:
A/
a........_w_..®..
Karen Agoranos
Village Clerk
APPROVED this 6th day of November, 2024.
5193211
Paul Wm. I Jocfe
Village Preside t
RESOLUTION NO. R-24-41
RESOLUTION AUTHORIZING A THIRD AMENDMENT AND EXTENSION OF THE CONTRACT FOR
SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS
WHEREAS, the City of Prospect Heights entered into a Contract for Sale of Water by the Village
of Mount Prospect to the City of Prospect Heights (hereinafter the "City" or "Prospect Heights") for the
City's governmental properties and along Camp McDonald Road, ((Hereinafter the "Contract", attached
hereto and incorporated herein as Exhibit A"; and
WHEREAS, the Contract was amended on July 7, 1997, to permit the continued sale of water
to a City facility; and,
WHEREAS, the Contract was amended on January 10, 2011, to extend the contract until
August 15, 2024; and provide necessary amendment for extension; and
WHEREAS, paragraph 20 of the Contract provides an initial term of ten (10) years from the
Contract's effective date, subject to the City's option to extend the Contract for an additional ten (10)
year period, and such other extensions and terms as the parties may agree upon; and,
WHEREAS, the current Contract, as amended expired on August 15, 2024; and
WHEREAS, the City requests that the Contract, as amended, be extended for an additional ten
(10) year period, and the Village of Mount Prospect agrees to such an extension; and
WHEREAS, the City and Village further agree that pursuant to paragraph 14, Price and Terms,
of the Contract be amended to reflect an updated rate to be paid by the City for water from the Village;
and,
WHEREAS, the City finds it is in the best interests of citizens of the City to extend the term of
the Contract, as amended, until August 15, 2034, and to amend the Contract to provide water service to
the City's governmental properties and identified non-governmental properties along Camp McDonald
Road.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PROSPECT HEIGHTS, COOK COUNTY, ILLINOIS:
SECTION ONE: That Paragraph 14 of the Contract shall be deleted in its entirety and replaced
with the following: "the City shall be charged at a rate of 1.5 times the rate paid to Village of Mount
Prospect customers as established and amended from time to time by the Village's water and sewer rate
ordinance. The 1.5 multiplier shall be applied to both the fixed and variable components of the Village
water rates".
SECTION TWO: That the Mayor and City Clerk are hereby authorized and directed to execute
the Third Amendment and Extension of Contract for Sale of Water by the Village of Mount Prospect to
the City of Prospect Heights, substantially in the form set forth and incorporated herein as Exhibit D.
SECTION THREE: That this Resolution shall be in full force and effect from and after its passage
and approval in a manner provided by law.
A SA
S ...
- PASSED and APPROVED this 28th day of October, 2024
a„`' "+
t;w s:
A L —�
r s”"
rrxr„ea�t
Attest: Patrick I_dw1s n, ayor
6)y Clerk
Ayes: 1'• A x, kar -,
Nays:
Absent:
SECTION 2: That the Village of Mount Prospect and City of Prospect Heights
hereby agree to an extension of the Contract, as amended, from August 15, 2024, to August
15, 2034, the terms of said Contract being continued as set forth therein.
SECTION 3: That Paragraph 14 of the Contract shall be deleted in its entirety and
replaced with the following:
" The City shall be charged at a rate of 1.5 times the rate paid by Village customers
as established and amended from time to time by the Village's water and sewer rate
ordinance. The 1.5 multiplier shall be applied to both the fixed and variable components
of the Village water rates. "
IN WITNESS WHEREOF, the Village of Mount Prospect and the City of Prospect
Heights, acting under the authority granted by their respective governing bodies, have
caused this Agreement to be duly executed in several counterparts, each of which shall
constitute an original, all as of the date and year first written above.
Village o' . outfit. Pro
An 111ij ois longe -tile
By:
Pat m. Hoefert,
Attest:.
'141A!
' ` ..
Mireri Agoranos, , illage Clerk
corporation
City > r sp
An I1 "ii °s
By:
Mayor
Attest:
Heights
cipal corporation
City Clerk
EXHIBIT D
THIRD AMENDMENT AND EXTENSION OF CONTRACT
FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
This Third Amendment and Extension of Contract for Sale of Water by the Village of
Mount Prospect to the City of Prospect Heights (the "Agreement") is made and entered
into this AV'day ofc,6Lx" - 2024, by and between the Village of Mount Prospect, an
Illinois home rule municipal corporation, and the City of Prospect Heights, an Illinois
municipal corporation.
WHEREAS, on August 15, 1994, the Village of Mount Prospect and the City of
Prospect Heights entered into a Contract for Sale of Water by the Village of Mount
Prospect to the City of Prospect Heights (the "Contract"), regarding the sale of water for
the City's governmental properties along Camp McDonald Road, and on July 7, 1997, the
Contract was amended regarding the sale of water to a certain non-governmental property,
and on January 10, 2011, the Contract was amended regarding its terms; and
WHEREAS, paragraph 20 of the Contract provides that the Contract may be
renewed for successive ten (10) year periods pursuant to the mutual written. agreement of
Prospect Heights and Mount Prospect; and
WHEREAS, the authorized term under paragraph 20 of the Contract, as amended,
expired on August 15, 2024; and
WHEREAS, the Village of Mount Prospect has requested an. extension of the
Contract, as amended, for that additional ten (10) year period, and the` City of Prospect
Heights agrees to such extension; and
WHEREAS, the City of Prospect Heights and the Village of Mount Prospect
further agree that pursuant to paragraph 14, Price and Terms, of the Contract be amended
to reflect an updated rate to be paid by the City of Prospect Heights for water from the
Village of Mount Prospect.
NOW THERFORE, in consideration of the mutual covenants contained herein,
and for valuable consideration received, the receipt and sufficiency of which is hereby
acknowledged, the Village of Mount Prospect and the City of Prospect Heights agree as
follows:
SECTION 1: That the recitals set forth above are incorporated herein as findings
of the Parties as if set fully forth.
EXHIBIT D
THIRD AMENDMENT AND EXTENSION OF CONTRACT
FOR THE SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
SECTION 1: That the recitals set forth above are incorporated herein as findings
of the Parties as if set fully forth.
SECTION 2-. That the Village of Mount Prospect and City of Prospect Heights
hereby agree to an extension of the Contract, as amended, from August 16, 2004, to
August 15, 2024, the terms of said Contract being continued as set forth therein.
SECTION 3: That Paragraph 20 of the Contract be amended to be and read as
follows in its entirety:
20. Tenn of Contract; Termination.
a. This Contract shall continue in full force and effect for a period of ten
(10) years from the date hereof. Prospect Heights shall have the
option to extend this Contract for an additional ten (10) year period.
The 'Contract may be renewed thereafter for successive ten (10) year
periods pursuant to the mutual written agreement of Prospect Heights
and Mount Prospect, upon such terms and conditions and rate
adjustments, if any, to which they may agree.
b. In the event that Prospect Heights establishes a municipal water
system, Prospect Heights may terminate this Agreement upon 180
days prior written notice to Mount Prospect. Upon termination, Mount
Prospect shall discontinue providing water to Prospect Heights, and
any and all improvements, related to Mount Prospect's sale of water
under this Agreement and located within the corporate limits of the
Village of Mount Prospect, shall be the property of Mount Prospect.
IN WITNESS WHEREOF, the Village of Mount Prospect and the City of
Prospect Heights, acting under the authority granted by their respective governing bodies,
have caused this Agreement to be duly executed in several counterparts, each of which
shall constitute an original, all as of the date and year first written above.
Village of Mount Prospect
An Illinois home rule municipal corporation
13y:Atyor'
Attest:
M. Lisa Angell, Vill!ag Clerk
261111.2
City of Prospect Heights
An Illi ols 1r1u11 ip orporation
B,
.'Nfayor
Attest:
Z 21
m ,
--
City Clerk
EXHIBIT C
SECOND AMENDMENT AND EXTENSION OF CONTRACT
FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
This Second Amendment and Extension of Contract for Sale of Water by the Village of
Mount Prospect to the City of Prospect heights (the "Agreement"). is niade and entered
into this / ay of 4,/ .01 , 2011, by and between the Village of Mount Prospect, an
Illinois home rule municipal corporation, and the City of Prospect Heights, an Illinois
municipal corporation.
WHEREAS, on August 15, 1994, the Village of Mount Prospect and the City of
Prospect Heights entered into a Contract for Sale of Water by the Village of Mount
Prospect to the City of Prospect Heights (the "Contract"), regarding the sale of water for
the City's governmental properties along Camp McDonald Road, and on July 7, 1997, the
Contract was amended regarding the sale of water to a certain non-governmental
property; and
WHEREAS, paragraph 20 of the Contract provides an initial term of ten (10)
years from the effective date; subject to the City of Prospect Heights' option to extend the
Contract for an additional ten (10) year period, and such other extension periods and
terms as the parties may agree upon; and
WHEREAS, the authorized term under paragraph 20 of the Contract, as
amended, expired on August 15, 2004, though the parties continue to perform under its
terms; and
WHEREAS, the City of Prospect Heights has requested an extension of the
Contract, as amended, for that additional ten (10) year period, as well as an additional ten
(10) year period, and the Village of Mount Prospect agrees to such extension; and
WHEREAS, the Village of Mount Prospect and the City of Prospect Heights
further agree that paragraph 20 of the Contract be amended to permit subsequent ten (10)
year extension periods upon their mutual approval and agreed upon terms and conditions,
and to permit termination of the Contract in the event that the City establishes a
municipal water system.
NOW THERFORE, in consideration of the mutual covenants contained herein,
and for valuable consideration received, the receipt and sufficiency of which is hereby
acknowledged, the Village of Mount Prospect and the City of Prospect Heights agree as
follows:
2611112
EXHIBIT C
SECOND AMDENDMENT AND EXTENSION OF CONTRACT
FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
t r.w
4. $gotten IS Is hereby emended In Its entirety; so diet hereafter Section 10 chap
be and ed as fdllowsl
" on Ig, NOR68818. Other then the aiervice connection described in
1300licn d, p4ospaot Italg'hts ad s not to mall orodberwhe provide ow water
provided pursuant to this Contract to any other user, WR W prtorwrittvn
appMVal of Mount•orcaspecl», It requested by Mourn Prcapeol the CRY of
Pr+ospo Holghte aralil, et lie own time and rase, apply WN appropriate
Bute adeno for perrnlcslcra tb arVY�� to Mount Proopeot a portion of Prospeot
Height's We 1410110203 water all RazA that Is aqusl to the arse, pursuant tea this
Contract, I ,
x
. 01MOVAt,proopeol and1 of Ptoopeat HeTahlo, acting, unde
AmndMonj to be e n ,i u afthod heretoExhibitM1 d d1097.
VILIAGE OF MOUNT PROSPECT
An Illinois Mtt111001 Corporation
w
Preai P T
ATTEST:
t sgatSlark
017Y OF PROSPECT HEI AT
rr Illinois Municipal Corporation
ea�b BY
AdwardPIRONO�r6
O' 4Y 'lrit
r
EXHMrr I'M"
AMENDMENT TO AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
ANQ THE CITY"OF PROSPECT H91GHTS
"It het been deternalnad by the corpgrats SUDWIlloo of Via Village of tufo nt
Prospect and the City of Proarpstat Hslghte thsttha b8stInW8014 of both cornmunlltas.
would be served byameddtnq the "Contreafor Cale of Water by We V11189e of Mount
Proapeat to the +thy of prospect Holghts"', dated AtMuat 16,1004,
The 'Contract for Sale ofWalarMo VIllepe of mount Proopootlothe CRY of
Proepeal Halghte"", datsd'fixguat 16,100vis hareby amended as follows:
1. SsWen 0 is hsraW amended In Ito woreW; ao VW haroalNr Section 0 shad be
end'nead aefollar
Seallon SM Daunt Pmepect ProspectNotglits
j a at of C=P .
Idhoed end (LOS fora 10,120 sq. ft, Oommordel building. Plans for
acrowdoon ' Infamel-plumbing plans will be subrN, Red far review and approval
to Mount Prosped
a. The conneatlon shall be equipped vAh a watet mesmAnd devtoa mae ft
mount Proopect'a apeotflcall
4. The con4aillon shat] be equip ad with a water check valva labs mounted
close to the water measuring vloo"as approved by Mount Po acot In a
arro°r a a�raru^aar sus try p t the flow of water drorn ilea ocnarat
building book Into t ao water ayoterm In addition, a valva on each aide of
he motor shall be pr+ou9de ,
o, Pros got Hplghts will be responsible for annual looting of the baola ater
chat vOlva..by a oer Bad emownnectlon ocnfrof dovloa fnegootor; A
copy of the inspeollon report hholl be submitted to Mount Prospacd
annually.
d. No ohaor oonnsollorro or, o4onston to serVice other PmPafta shall be
parmItletl QhoUtths Joint a:onsonl of fount Prospect and Prospect
Helgh s;
2. $soon 10 is hereby amended by raplaoirtp the first psrAgmph In IRs onnnilyF ap
drat hereafter the Brit paragraph of Saction 10 shall be arra reed aarf followo.,
Section K Mossurling Equipment, prospect Heights agrioa to furnleh, Install
and r oplace, as be ne gary aths ownexpense, at each point of dollvery
lw d n rim. A �s� � e 'e o man iia
d Mount t'rosparrtrwnd aa�atala of reading idle and quanhty� v�llh the
�pactly of aocspllnp tolarnotarin0 aqulpmant try parrnrlt rrerrorts raradlna, for
mGees Iheuentltyod rdallvorodantt/araansumadarradortltteCrantraot,
frfsaterra"wiil be tested and allbhstad annually. "
& Cootlon 14 Is hereby amended by adding thereto the following; so that hareafier
fdaotlon 14 IagY n, tr fp Afp lbw
Pr watorused by the commerclarl aorvlcee coonnoctlon as deverlbod In Section 8
of tN NiffoI;#fab` 11* 'Wb t"Q'f ' ° y,the OIIy of prospect Heights
shall be the rate;stabllshod by the `4ffape of Mount Prospect fornon,rasldent
users plus Me copltsl expenditure 60010horgo as outlined in We Section, "
EXHIBIT B
AMDENDMENT TO AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE CITY OF PROSPECT HEIGHTS
by registered mail, postage prepaid, to the offloe of the respective clerk of each
respective municipality.
24' S e . In the event that any part; term or provision or paragraph
of this Contract shall be found to be illegal or In conflict with any law by any oourt
of proper jurlsdiction, the validity of the remalning portions of provisions of this
Contract shall not be of acted the by.
IN 'g SWUMOF, the parties hereto acting under the authority granted
by their respective governing bodies have caused this Contract to be duty
executed In several counterparts, each of which shall constitute an original, all, as
of the date and year first above written. v
Villaga of Mount prospect
AIllinois* w
City 4f prospect Heights
An Illinois MunIcIP9JCQrP6r2dcn
Sy* r ]
ATTEST:
W let
Vt
II Clerk
10
Is,Re9810. Prospect Heights agrees not to resell or otherwise provide
Orly water provided pursuant to the Contract to any other user, without prior
written approval of Mount Prospect. If requested by Mount Prospect, the City of
Prospect Heights will, at Its own time and expense, apply to the appropriate State
agency for permission to convey to Mount Prospect a portion of prospect Height's
Lake Michigan water allocation that Is equal to the use, pursuant to thle Contract.
20.e Ccnt This Contract shell continue in full force and effect for
a period Of ten (10) years from the date hereof. Proepeot Heights shall have the
option to extend this Contract for an additional ten (10) year period. The Contract
may be renewed for any additional term permitted by law upon such terms and
conditions and rate adjustmen.ts, if any, which may be then agreed by and between
Pn°apect Heights and Mount Prospect ,
21. Mad h , Thi Contract may, be amended only in writing and with the
conaont of the governing bodies of both Mount prospect and Prospect Heights!
22. N2jdjkWjW. prospect Heights and Mount Prospect mutually agree to
hold and save each other harmless from any and all claims, dsma es,. Suits,
caueea af action and the like based on the fault or negligence of the other which
may arise by virtue of this Agreement.
23• s, All notices of communications a$ provided for herein shall be
In Writing and shall be either delivered to Mount Prospect or Prospect Heights, or
to the Offlae of the clerk of the respective municipality; or, if mailed, shall be sent
9
93. 11iilina. Mount Prospect shelf bill Prospect Heights for all water furnished
under this agreement bimonthly and payments shall be due and payable by
Prospect Heights to Mount Prospect within thirty (30) days from the date of billing.
7B. a ce e t I fo iavrnen . Liability fbr me king payments as
above -eat forth shaft commence on the date of the first tender of delivery and
acceptance of water by Prospect Heights after completion of the Installation and
testing of the aforesaid water main.
17.I , a S ce _ dl . From the time that water Is tendered
for delivery to Prospect Heights at the Assignated point of delivery, Mount
Prospect shall, subject to the term and conditions'of this Contract, continually
hold itself ready, willing and able to supply water to Prospect Heights to the extent
required by this Contract.
18, Na AtriaLL11blIM1. Mount Prospeot shall not be liable for damages for
breach of contract or otherwise for failure, suspension, diminution or other
varladon of service occasioned by any cause beyond the control and without the
fault or negifyence of Mount Prospect or Its operating personnel. such causes
Include, but are not restricted to, acts of God or of the public enemy, acts of the
State or Federal government In either Its sovereign or contractual capacity; Anes,
flood, freezing, epidemics, quarantine restriction ; btriikes, or failure or breakdown
of transmission or other facilities.
records or permit Prospect Heights to have access thereof during reasonable
business hours.
12. Tea Testing of the water mains
and associated equipment and structures shall be done by Mount Prospect at least
once every two years at. the sole expense of Prospect Heights. Additionally,
periodic flushing of hydrants may be necessary. All hydrant water use shall go
through a meter at a connection point and shall be paid for by, Prospect Heights.
16. VAR 01 MOM The unit of measurement for determining
compensation for water delivered hereuri ft shall be In thousands of gallons and
all measuring devices shag be so calibrated.
14. Pike rid Tdr . Prospect Heights $ABU pay Mount Prospect 1.25 times
the Mount Prospect residential Water rate for each thousand galions of water
delivered through the motor(*) at each point of delivery to Prospect Heights. In
addition, Prospect Hslgh shall pay a caplial expenditure surcharge for each
thousand gallons of water delivered through the meters at each point of delivery
to Prospect Heights equal to 1.26 times an amount calculated In the following
formula:
0
Coplial eqendflure surcharge (Surcharge) for each 1,000 gallons opals itpaclel
ga . ps Ares N9. 6 pmpe (90A tjo.0 Tans) levied for the preWous, Year
divided by the ictil 1,090 g01161jsun wetsr blilsd (1$009 golloss Wiled) to all
Mount Pwgpedwater customem fiarthe previotm WW 1. thmugh April 30.
T `The Surcharge for ,. 1
May 10 19 - Ap 39.1095 lig ll a blit ANsy 1,111 . Aprg 35, 'l
lrbe SurchwUs shmil be calculAWMay 1 of each year. The Surcharge no.
calculated shall be In ~ fmm May 1 through Apdl 35 of the nod you&
7
Prospect or Prospect Heights, or whether performed by Mount Prospect or
Prospect Heights.
9. a oho No connection or extension to serve any property
other than those for governmental' use shall be permitted without the joint consent
of Mount Prospect and Prospect Heights.
10. I end Prospect Heights agrees to furnish, install and
replace as may be necessary, at its own expense, at each point of delivery
hereunder to Prospect Heights the necessary metier pits, valves and meters. All
such equipment shall be of a standard type approved by Mount Pme0ect and
capable of reading rate -and quantity; with the capacity of accepting telernetering
equipment to permit remote reading, for measuring the quantity of waterdelivered
under this ContracL motors will be tested and calibrated annually.
Prospect Heights shall be notified, In writing, of such cagbratlon so
that it may be done in the presence of a representative of Prospect Heights and
so that the parties may jointly observe any adjustments which are made to the
meter or meters 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 Prospect Heigh
11. e r a e a For the purpose of this Contracts the
original record or readings of the meter or ineters shall be in the meter journal of
other record book of the Village of Mount Prospect. Upon request by Prospect
Heights, Mount Prospect shall furnish Prospect Heights with a copy of such
6
governmental approvals or permits as are necessary, Including but not limited to,
Illinois EPA.
7. RqflyipMLemen. Any Improvements constructed by Prospect
Heights for the water system located within the corporate limits of Mount Prospect
shall be conveyed along with necessary easements by Prospect Heights to Mount
Prosp6ot. The cost and preparation for acquisition of easements shall be the
responsibility of Prospect Heights, but Mount Prospect shall provide such support
on may be necessary to legally sccompllsh such acquisition.
S. noffiApft algd st . Prospect Heights shall notify Mount
Prospect Immediately upon discovery of any break, def , or other malfunction
In such Improvements and shall follow-up notification in writing within twenty-four
(24) hours, In the event Mount Prospect shall detect such break, defeat or other
malfunction,ln such Improvements and shall follow-up notification In writing within
twenty -flour (24) hours. In the event Mount Prospect shall detect each break,
defeat, or malfunallont Itshali notify ProspectHelghts immediately upon discovery
and shall follow up In writing within twenty-four (24) hours. Prospect Heights shall
use Its beat efforts to repair such breaks, defeats or malfunctions within twelve
(12) hours after Initial notification of such break; defect or malfunction and In any
event shall make necessary repairs as promptly as Is practical. The cost of any
repair, Including labor and materials to any improvements required on account of
this Contract shall be borne by Prospect Heights, whether occurring In Mount
6
N e {
b. Each connection, If permitted, shall be provided with a water
measuring device meeting Mount prospect's specification and capable of remote
reading along with a water metering pit, .
C. Each connection shall be, provided with a back water check valve
he ter measuring device, approved by Mount
to be mounted close to t
prospect, In such a manner as to prevent the flow of water from Prospect Heights
to Mount Prospect. In addition, a valve on each side of the motor shall be
provided. t shall be
d, gooh water motoring rievelcs and water metering RI
situated at the site near the point of delivery or the connection to thewater supply
of Mount Prospect.
a. Ins The Installation foutol
the size of the piping and the
necessity and location of other structures, shall be described In Exhibit "9" as
attached hereto.
6. v Prospect Heights
shall be responsible for one
errant (90096) of any costsassociated with the construction and
hundredP
installation of any piping or structUrs required to fulfill thle.Contmetr Including, but
not limited to, ell engineering and legal fees.
6. r�ee an0e
The woridng engineering drawings for the entire
s stem shall be submitted to Mount Prospect for review, modification and
Y
approval. Prospect Heights shall be eponaible for obtaining such other the
a
P
4
r
Z• gU1ffbL0jWager to be delivered at the point of delivery by Mount
Prospect and received by Prospect Heights hereunder shall be of the same quality
as that provided to customers within the corporate limits --of Mount Prospect from
the Mount Prospect system. Water quality After the point of delivery is the
responsiblllty of Prospect Heights. 80 long as Mount Prospect meets I
ts
responsibility purauent to this paragraph, Plaintiff shell make no claims
whatsoever against Mount Prospect for costs or damage' caused by any failure
to most EPA or other regulatory agency water quality or composition standards.
3•t of iii. The point of dpllvery of water from the water supply
of Mount Prospect to Prospect Heights shall be at or near the intersection of Camp
McDonald Road and Route 83. The connection point shall be on the south side
of Camp McDonald west of the Intersecddn of Route 88 to an existing 8" water
-main owned and Maintained by mount Prospect, Any fitture, point of delivery or
service connection to the Water supply system, of Mount Prospect, whether thee,
connection Is In M, ount ' Prospdbt or Prospect Heights, shall be subject to the
following conditions, to -with:
a. The connection, the location of any such connection and the
method of affecting such connection to the Prospect Heights system shall be
subject to the app al of Mount Prospect and thea work of effecting any such
connection shall not be started until any such approval has been granted In
writing, In a timely fashion, by the Corporate Authorities of Mount Prospect.
3
1. gWj ity of star, During the term of this Contract, Mount Prospect shall
provide and make avallabie to Prospect Heights, for lis use at a delivery point as
hereinafter specified, water In the volume required by Proopect Heights or which
the Prospect Heights water sys"m may be capable of taking at a minimum
.
operating pressure (26 PSS) of the Mount Prospect water system at point of
delivery,
In the event that It becomes necessary for Mount Prospect to limit Its
delivery of water to its customers, Prospect Heights shall be entitled to receive
during such a period of scarcity its pro mta:°ahs n of water available as determined
by the proportion which the volume of water used by prospect Heights during the
last preceding Waive (12) month period b9gra to the volume of water used by the
other customers of Mount Pt' pact for the some period.
r ,
in the event that It becomes necessary for Mount Prospect to limit the use
of water by 1% water customers, by imposing lawn and sprinkling restrictions, or
otherwise, Prospect Heights shall, upon notification by. Mount Prospect, Impose
the game water use restrictions, and 111mitatlOnS en water customers connected to
its system served by Mount Prospect water, and shall Make every reasonable effort
to publicize and shall enforce such limitations and restrictions until notified by
Mqunt Prospect that said limitations and restrictions may be removed.
Restrictions may be imposed by water pressure zones at the discretion of Mount
Prospect.
2
CONTRACT FOR SALE OF WATER BY
THE VILLAGE OF MOUNT PROSPECT TO THE
. CITY OF PROSPECT HEIGHTS.
This Contract made and entered Into this 15t: day of August
1994 by and between the Village of Mount Prospect (hereinafter called "Mount
Prospect"), an lllinols. municipal corporation and the City of Prospect Heights
(hereinafter called "Prospect Heights" ), an Illinois municipal corporation.
IT ESSETHd
EREAS, In order to properly safeguard and promote the health, welfare
and welt-being�A��: (� JU "" �� �r ##ff Prospect Heights desires to
purchase water from Mount Prospect for distribution to . a .Srreneatl
prApar,Mm�-niono:• tnp,-Maoondid dd; and
VMERFAS,llllountftaspeot•Is willing to.(arnish water to Prospect Heights,
and expects to have. available water for the Initial ten (101 year •porlod of this
Contract as well as the ten (10) year -option period as set forth In Section ZO
hereof.
WHEREAS,
HISR -9 Mount Prospect and Prospect Heights desire to enter Into an
agreement for the sale of water.
NOW, THEREFOR4 in consideration of the mutual covenants and
agreements herein contained, Mount Prospect agrees to furnish and sell, and
Prospect Heights agrees to recehre, and pay for, water upon the terms and
conditions, and for the consideration as hereinafter set forth:
CONTRACT FOR SALE OF WATER
BYTHE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
519321 1
EXHIBIT A