HomeMy WebLinkAbout6.8 A RESOLUTION AUTHORIZING A THIRD AMENDMENT AND EXTENSION TO THE CONTRACT FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS. (Extending the contract for a term of 10 years and updating the billing formulae to match theM+awn �'xytlts=e
Item Cover Page
Subject A RESOLUTION AUTHORIZING A THIRD AMENDMENT AND
EXTENSION TO THE CONTRACT FOR SALE OF WATER BY THE
VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT
HEIGHTS. (Extending the contract for a term of 10 years and
updating the billing formulae to match the Village's current
rate structure.)
Meeting November 6, 2024 - REGULAR MEETING OF THE MOUNT
PROSPECT VILLAGE BOARD
Fiscal Impact (Y/N) N
Dollar Amount Not applicable
Budget Source Not applicable
Category CONSENT AGENDA
Type Action Item
Information
This memorandum transmits a draft copy of the proposed third amendment to the contract for
the sale of potable water to the City of Prospect Heights. Attached is the original agreement,
the first amendment, and second amendment. A proposed Village Board resolution authorizing
the third amendment is also included.
The proposed third amendment extends the term of the existing agreement to August 15,
2034. The amendment also modifies the water rate provisions to incorporate structural
changes made to the rate structure for Mount Prospect residents served by the Village -owned
potable water distribution system following the 2017 water and sewer rate study. Prospect
Heights' new rate will include both a volumetric and a fixed component. The volumetric
component will be metered water, and the fixed component will be based on meter size. A 1.5
multiplier will be applied to both components.
Discussion
The original agreement was signed in 1994 and had a 10 -year term. The agreement provided
Village water to Prospect Heights government buildings near the intersection of Elmhurst Road
and Camp McDonald Road. These buildings included City Hall, a fire station, and a police
station.
The first amendment was approved in 1997, adding the Walgreens store at the northeast
corner of Elmhurst Road and Camp McDonald Road as an authorized customer.
The second amendment was approved in 2011, retroactively extending the agreement for 10
years following the initial term and extending it for an additional 10 years until August 15,
2024.
The Prospect Heights City Council approved this amendment at their October 28, 2024,
regular meeting.
Alternatives
1. Pass a resolution approving a third amendment to the agreement for the sale of water
to the City of Prospect Heights.
2. Action at the discretion of the Village Board.
Staff Recommendation
Staff recommends that the Village Board pass a resolution approving the attached third
amendment to the agreement for the sale of water to the City of Prospect Heights.
Attachments
1. Prospect Heights Water Sale Agreement Third Amendment _ Signed by Prospect
Heights
2. Resolution approving Third Amendment to PH Water Sale Agreement
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.
J,- -
1K PASSE
D and APPROVED this 28th day of October, 2024
P
0
Co
A
IW6
Tu�avi.fgs n ayor
N 0
Attest: Patrick Lu
- �-Y - 7-: -- ---- ........................ - ................
Ayes: . . ......... I . ................. . ........ . ..........
Nays: 1 ..
............ . .....
Absent:
. ........ ------
To: Mayor Ludvigsen and Members of the City Council
From: Joe Wade, City Administrator
Subject: 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
Background
Mount Prospect and Prospect Heights have maintained a contract for the purchase of water from
Mount Prospect for government buildings and other properties in the Camp McDonald/Elmhurst
Road area for over thirty years. The most recent amendment to the original agreement, allowing
continued water supply, expired August 1, 2024. This resolution authorizes a third amendment to
the original agreement provides for a continued water supply for the next ten years.
Analysis
This long-standing contract has provided water supply to the agreement's recognized
properties. Prospect Heights has paid the non-resident rate, which had been calculated with a
multiplier of 1.25 times the Mount Prospect rate. The proposed amendment increases that rate to
1.5 times the Mount Prospect rate. This is consistent with the Village's water rate structure.
Recommendation
Staff recommends approval of this resolution to enable continued water supply to 2034,
17 _3 f-3 2 - �4 2,1 �4
t 'x E��1,71`86071] ,, F�'a,, 11�347
8 �',J RiDad ,,, Prr.tspect -161 (ri�� �s DID - f 3 1'. 1. 1" '1 . CA, J",
RESOLUTION NO.
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, 1.994,
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 ti_l August 15, 2024, which is attached hereto and incorporated herein as Exhibit
C; and
WHEREAS, paragraph 20 of the Contract provides an initial to 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
WREREAS, 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 ofTrustees 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 arate 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 e manner provided by law.
AYES:
]`JAYS:
ABSENT:
PASSED and APPROVED this day of , 2024.
ATTEST:
Karen Agoranos
Village Clerk
APPROVED this day of , 2024.
519321_1
Paul Wm. Hoefert
Village President
CONTRACT FOR SALE OF WATER
BYTHE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
519321_1
EXHIBIT A
EXHIBIT
CONTRACT FOR SALE OF WATER BY
THE VILLAGE OF MOUNT PROSPECT TO THE
GIT Y, OF, ERQSPECT_wEit3HT5
This Contract made and entered Into this 15t day of --,:.A
1994 by and between the Village of Mount prospect (hereinafter called "Mount
Prospect"), an Illinois. municipal corporation and the City of Prospect Heights
(hereinafter called "Prospect Helghte" j, an Illinois municipal corporation.
WITNESSETH:
WHEREAS, in order to properly safeguard and promote the health, welfare
and well-being cb '+;`ji;FProspeot Heights desires to
purchase water from Mount Prospect for distribution .::ids; .K#tatie�atl
prepordea�-mono:-Catnp,-NIcDclnl dtl<4.IWW; and
WHhMM Mount fytaspeetis willing to.furnish water to Prospect Heights,
and expects to haveavailable water for the Initial ten (10) year -period • of this
Contraot as wall as the ten (10) year option period as set fiorth In Section ZO
hereof.
WHMWM,, Mount Prospect and Prospect Heights desire to enter into an
agreement for the sale of water.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein contained, Mount Prospect agrees to furnish and sell, and
prospect Heights agrees to recelv®, and pay for, water upon the terms and
conditions, and for the consideration as hereinafter set forth:
�,mntHy after. During the term of this Contract, Mount Prospect shall
provide and make available to Prospect HOW*, for its_ use at a delivery point as
hereinafter specified, water In the volume required by Prospect Heights or which
the Prospect Heights water system may be capable of talting at a minimum
operating pressure (25 PSJ) 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 wmter to its customers Prospect Heights shall be entitled to rscelve
during such a period of scarcity Its pro rate.share of water available as determined
by the proportion which the volume of water used by Prospect Heights during the
last preceding twelVe (12) month period boam to the volume of water used by the
otter customers of Mount Prospect for the period.
In the event that it becomes necessary for Mount Prospect to limit the use
of water by its water austomers, by imposing lawn and sprinkling restdotions, or
otherwise, Prospact Heights shall, upon notification by. Mount Prospect, Impose
the some water use restrictions and Ilmitatlons.on water customers connected to
Its system served by Mount Prospectwaterland shall make ovary reasonable effort
to publicize and shall enforce such limitations and restrieftne until nodfled by
Mount Prospect that said limitations and.. restrictions may be removed.
Restrictions may be imposed by water pressure zones at the discretion of Mount
Prospect.
2
P
2. Qual tv grfWt�yr. Water to be delivered at the point of delivery by Mount
Prospect and received by Prospect Height$ hereunder shall be of the same quality
as that provided to customer' within the corporate limits -of Mount Prospect frond
the Mount Prospect system. Water quality after the point of delivery Is thee
responsibility of Prospect Heights. 8a long as Mount Prospect meets Its
responsibplty pursuant to this paragraph, Plaintiff shall make no claims
whatsoever against Mount Prospect for costs or damages caused by any failure
to most EPA or other regulatory agency water quality or composition standards.
3. Point of lte'8varv. The point of dpliveer'y 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 Shoff be on the south elide
Of Camp McDonald west of the Intersection of Route 83 to an existing 81, water
main owned and maIntalned by mount Prospect. Any future point of delivery or
service connection to the water supply system, of Mount Prospect, whether the
connection le In Mount'Prospeict or Prospect Heights, shall be subject to the
following conditions, to with:
a. The connection, the location of stay such connection and the
method of effecting such connsctlon to the Prospect Heights system shall be
subject to the approval of Mount Proo0eect and the wont of erecting any ouch
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.
K
b. Each connection, If permitted, shall be provided with a water
urin device meeting Mount prospect's speclficstlon and caarpabte of remote
meas g
reading along with a water metering ph. .
c: Each connection shall be provided ariih a back water check valve
roved by Mount
to be mounted elves to the water measuring device, as app
Heights
prospect, In such a manner as to prevent the flow of water from prospectg
to Mount Prospect in addition, a valve on each side of the motor shall be
provlded.it shall be
d. Each water motoring device and water teetering P
s,
ttu ted at the atte near the point of delivery or the connection to the water supply
of Mount Prospect, and the
4. Tho Installation route, the at j& of the piping
1 and location of other structures, shall be as d1escribed In Wlblt" " us
necesa ty
attached heroin. responsible for one
p�pect Helghta hall be resp
dred percent (900,4) of any costa associated with the construction and
hun P Including, but
Installation of any piping or struoWnp. required to fulfill this Contract
not limited to, oil engineering and legal feess b entitle The working engineering drawings for th
m shall be submitted to Mount Prospect for review, modification and
system responsible for Ining such other the
approval. Prospect Heights shall be resp
Y
4
governmental approvals or permits as are necessary, including but not limited to,
Illinois EPA.
7.9U9AhI o ImpMm#n Any improvements constructed by Prospect
Heights for the watersystem located within the corporate limits of Mount Prospect
shall be conveyed along with necessary easements by Prospect Heights to Mount
Prospbot. The cost and preparation for acquisition of easements shall be the
responsibility of Prospect Heights, but Mount Prospect shall provide such support
M
as may be necessary to legally accompflsh such acquisition.
S. NoMi t yLand Cost of lienal,. Prospect Heights shall notify Mount
Prospect Immediately upon discovery of arky break, defect, 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, defect or other
maifunctlon,lrt such Improvements and shall follow-up notification in writing within
twenty-four (24) hours. In the event Mount Prospect shall detect ouch break,
defeat, or malfunction. It shall notify Prospect Heights 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, defects air 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
1
Prospect or Prospect Heights, or whether performed by Mount Prospect or
Prospect Heights.
e. g#W Cann®ctions. No connection or extension to serve any property
other then those for governmental' use shall be permitted without the joint consent
of Mount Prospect and Prospect Heights.
qp. M2jRffkW—EgOj1WjgA 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 meter pits, valves and motors. All
such equipment Shall be of a standard type approved by Mount Prospect and
capable of reading mte•and quantity; with the capacity of accepting tolemotering
equipment to permit remote reading, for measuring the quantity of water deOvered
under this Contract Meters will be tested and calibrated annually.
Prospect Heights shall be notified, in writing, of such calibration sa
that it may be done In the presence of a representative of Prospect Heights and
so that the parties may jointly OUT any adjustments which are made to the
motor or motors In case any adjustments shall be necessary. Maintenance and
testing shall be performed by a contractor or representative from Mount Prospect
and shah be paid for by Prospect Heights.
99. Mjftr Reading _R U . For the purpose of this Contract, the
original record or readings of the motor or motors shall be in the motor journal or
other record book of the village of Mount Prospect. Upon request by Prospect
Heights, Mount Prospect shall furnish Prospect H®Ights with a copy of such
6
records or permit Prospect Heigh(a to have access thereof during reasonable
business hours.
12. Toasting• of LIM jind ii g1m• Flushing. Testing of the water mains
and associated equipmentand structures shall be done by Mount Prospectat least
encs every two years at- the sole expense of Prospect Heights. Additionally,
periodic flushing of hydrants may he necessary. All hydrant water use shall go
through a motor at a connection point and shall be paid for by. Prospect Heights.
12. Uglt of Maonlarnimnt The unit of measurement for detannlning
compensation for water delivered heroundeir shall be in thousands of gallons and
all measuring devices shall be so calibrated.
14. Padcae and Tomr>s. Prospect Heights $..hall pay Mount Pros pact 1.25 times
the Mount Prospect residential water rate for each thousand gallons of water
delivered through the meter(s) ort each point of delivery to Prospect Heights. In
addition, Prospect Halghbs shall pay a capital expenditure surcharge for each
thousand gallons of water delivered through the motor(s) at each point of delivery
to prospect Heights equal to 1.26 times an amount calculated in the following
formula:
Capital oxpendit urea surcharge (Sumbarge) for each iA00 gabn* equals SPOO141
sp y'" Aga Ns. p pmperty taxes A Vo.0 TOW) W, dad for the Prrvtausi Yea'
dMd:d by the awl 1,060 ga&jn naft of wrier billed (1,1100 garllaans billed) to ail
Mount 12mopeact water Customers for the Previouari May I through April 30.
Thi Su chane for h TKK LW- —
Usy 9,1054 - Aprt130, 9898 1,000 6allona billed Aby 1.98!43 - April 30, 9084 "
The Surcharge shrmil be calculated May 9 of each year. The Surcharge so•
calculated shall be M eYteart from MY 1 through April 30 of the amort yasar.
7
1 . w
1
13. 1100pa. Mount Prospect shalt bill Prospect Heights for all water furnished
under this agreement bimonthly and payments shall be due and payable by
Prospect Helghts to Mount Prospect within thirty (30) days from the date of billing.
I a._ nc9Mon l�rblIily far Pa�• Uabliity for making payments as
above- set forth shall commence on the date of the first tender of delivery and
C
E
acceptance of water by Prospect Heights after completion of the installation and
testing of the aforesaid water main.
17. Conlinuft,of Service Canditfon . From the time that water is tendered
for delivery to Prospect Heights at the designated point of delivery, Mount
Prospect shall, subject to the terms and conditions'of this Contract, continually
hold Itself ready, willing and able to supply water to Prospect Halghts to the extent
required by We Contract.
18. No Strict Uabllihc. Mount Prospect shall not be liable for dameges for
breach of contract or otherwise for failure, suspension, diminution or other
varledori of service occasioned by any cause beyond the control and without the
fault or negligence of Blount 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; fires,
flood, freezing, epldemlcs, quarantine restrictions; btrikes, or failure or brsakdown
of transmission or other facilities.
8
19. „ prospect Heights agraas not to resell or otherwise provide
any water provldad pursuant to the Contract to any other user, without prior
wdtteitl 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 this Contract.
20. IRMLO 9ntrag& This Contract shall contlnUs In full force and effect for
a period of ten (10) years from the data hereof. Prospect 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 rata adjuetment5, if any, which may be then agreed by and between
Praspeot Heights and Mount Prospect.
2'1 • odlhaatiort. This Contract may be amended only In writing and with the
consent of the governing Bodies of both Mount Prospect and Prospect Heights=
22. jjaid Hsi prospect Heights and Mount Prospect mutually agree to
hold and Gave each other harmless from any and all claims, damages, suits,
causes of action and the like based on the fault or nsgilgence of the other which
may arise by virtue of this Agreement.
23. V9 , All notices of communications as provided for herein shall be
In writing and shall be either delivered to Mount Prospect or prospect Heights, or
to the *Mae of the clerk of the respective municipality; or, If mailed, shall be sent
9
by registered mail, postage prepaid, to the offloe of the respective clerk of each ,
respective municipality, ,
24. Se1reOIi[�. In the event that any parii term or provision or paragraph
of this Contract shall be found to be illegal or In conflict vAth any law by any court
of proper Jurisdiction, the validity of the remaining portions of provisions of this
Contract shall not be affected thereby.
IN, VffnNESS VAIME F, the parties hereto acting under the authority granted
by their respective governing bodies have caused this Contract to be duly
executed In several counterparee, such of Which shall constitute an original, all as
of the date and year first above mitten. y
Vllisge of Mount Prospect
An Illinois Municlpel-Corporatlon
City cel' Prospect Weights
An Illinois Munlalpal Corporation
AMDENDMENT TO AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE CITY OF PROSPECT HEIGHTS
519321_1
EXHIBIT B
r
e • •
• I'r.XHil�T1' ffplt
At ENDMEN 1 TO AGREEMENT
BETWEEN THE VIU.ASE OF ¢4OUNT PROSPECT
ANR'PHE CITY OF PROSPECT 1491GHTS
It has been detslrnlned by the Cagwi H aWhartllsa of the Wtade of Mount
Roapactand the CKY of prospsd He%f0 thattho batt W110316 of both comma 4Ilea
vvautd bo served by aino* tap the "COrIk 4.tbr Bele of Water by the Villeps of Mount
Pmpact to the Cky of Prospect H111W,yydated August 10,1994,
The "sped WahhW,,tfatadAa9rrat threels of 4tge"4 is hhersby, amended as 1101ft V111291 at MGurlt m to tate City of
1. 8aotlon 0 Is hwMV amended Ira Its entirety; so that hereafter Sectlon 0 shag be
eM1 rosd 611 toUcwm . °
a
g�RaqW
lal Mount Prospact and PMPeol Heights
�W'� arsd JI.88 ares 14,12011q, ft. oommerdal tndft. Plensfor
OWN, tlonand lnKmal•FlumbingPh=wIpbssubmttWdtarreviewend approval
Io Mount Frespsot" '
a. The wnnagan shad be egWppsdvVllh & vmWmsaaurin4 devtoe mealtrtp
Mauro pranped's speoipcx wa.
p. The cants tan shag be aqulpAad w9hh a water oheok valva to be mounted
ckm' . 11uch a mariner as b pthe water �+W'enta��dtl ams tldw afrom t a borrdnrae ei , In a
bulldog back 10 the waist' 0*811. In sddl$wo a valve on each aide of
the meter shall bre prolWc .
o, Prospeat Hplghts win be reVonslbte for avowal Waft of the biota water
ocopftMIn ion asp halobl be submlued to MOUM proms at A
anruralty. .
d. tea a�eroonrtaaifarl a extension to servtos other properties slta►i be
Parmitled
wllhadt this Joint eonsenl of Mowat prospectand Proapact
2. BeWan 10 Is hereby amended by replacing the first paragxPh In IIs OnWO yl 40
that herewbr the brat persprapft of Sadie" 101111611 be and read ag fottowa;
Section it Messudnp Equipment. Proapsat HOW* apnea to furn►ah, Irvstail
and replace, as awry be nommy, at its aWn+oxFe"nrre, at each POW of dalh►ary
gpta thr rtoaaasarY malar
Iftmeters. A 6 • o standard type
• 11ppn3rrod byMaunt Prospeotand aepeblb of roadtnp rate and quantigr, iNllh the
caps*af soospting tolamp%dng squipmen► to permit remote modho, for
the quantity of weterdslivered entUar consumed under thle Contract.
Ivisters will be tested enol callbtated annually. •
a. Section 14 Is hereby amended by adding thereto the follovrinp; so thel hereafter
800tlon 14 "Ljqtud*fe�9lin
F watsri sed by the commercial servloa oonnectlon at described in tlootlon 9
of 1h1�'iiritititdliittlt�Ithe City of Prospect HalOhta
shall be the Mte establtahad by the Mange of Mowat Prospect for nonresident
users Mus the capital expenditure GUNUrpe 62 outlined In this 8eotion.
t10
4, $"Ion 19 is h"by tonended In Its entirety; so 9rtft hereeder Seaton 19 ehst .
be and read as Mtlmw.
• 8e t% N0111160216. Othsr than the iwvtoa aorswftn da"edin
Seaton % prospsat How" Sams not to row or ethorwlas provide Ow water
ptddad pursuant to this Coniraat to WW other w2f, WOW Wtarwrit R
appt+oyel,at Mw o)t jaspeat,, it requested by Mutt Pnxspeot bha Ct1ty of
praspeot Heights vAil, at its own lime mind aVenss, uppt)I► to N qw*urtate
Stater opnoy fw' permission tb Convey to Mount Proepw a pawn t of Fro psi
K� ks Mkthlpen wsWr eh on that is equal Io the use, PwTtntat
'fe Wibe ottviaunt'Araapspt and the City of Prospect "elphts, acting under
#wouthWWgranted bjytheir rupecvepovemingbmdtes,tw*Mused this
Mtsrtdrorklt tb be added tti lite /�gtesment �rttnottstl hereto er �dtibR'A• a b duly
otcetu4ed ht the earths rnenrWr ss then oripinel AytreemeM this qday of
M�� Ilitrids MMWA GE OF Com► or
rmothy �t: C
Presfdettt P T
ATTO7:
*9a t3ierk
CITY OF PROSPECT HSIGATS
Art illinofe Muntafpsl Cwperatlon
i
b" 10. ROOM drd
A e
4
EXHIBIT'" C
SECOND AMDENDMENT AND EXTENSION OF CONTRACT
FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSPECT HEIGHTS
519321_1
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 made and entered
into this 100 -day of d,4,Va4jV 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:
26111!_2
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.
SECTI 3: That Paragraph 20 of the Contract be amended to be and read as
follows in its entirety:
20. Term 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
Attest:
M. Lia Angell, Villag Clerk
2611112
munt Heights
An Illi ols
City of Prosect i corporation
B
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aayor
Attest:
y
City Clerk
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
EXHIBIT D
THIRD AMENDMENT AND EXTENSION OF CONTRACT
FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT
TO THE CITY OF PROSEC TI-1EICS HTS
This Third Amendment and xtension of Contract for Sale of Water by the Village of
Mount Prospect to the City of Prospect Heights (the "Agree menf') is made and entered
into this A $+"day of Qj, ',,Lyer , 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 to under paragraph 20 of the Contract, as amended,
expired on August 1. 5, 2024; and
WHERE, AS, 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 or 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.
5193211
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 of Mount Prospect
An Illinois home rule municipal corporation
Paul Wm. Hoefert, Village President
Attest:
Karen Agoranos, Village Clerk
519321_1
City�)�\�r Usp
A jj
k, s
By:_
Mayor
Attest:
Heights
cipal corporation
City Clerk
RESOLUTION NO.
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 e manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2024.
ATTEST:
Karen Agoranos
Village Clerk
APPROVED this day of , 2024.
519321_1
Paul Wm. Hoefert
Village President
RESOLUTION NO.
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 e manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2024.
ATTEST:
Karen Agoranos
Village Clerk
APPROVED this day of , 2024.
519321_1
Paul Wm. Hoefert
Village President