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HomeMy WebLinkAbout4. New Business 01/04/2011 RESOLUTION NO. A RESOLUTION AUTHORIZING A SECOND 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, 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 Contract, as amended, expired on August 15, 2004, though the parties have continued to perform under its terms; and WHEREAS, the City requests that the Contract, as amended, be extended for the optional ten (10) year period, as well as an additional ten (10) year period, and the Village agrees to such extensions; and WHEREAS, the City and the Village further agree that paragraph 20, Term of Contract, 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 in the event that the City establishes a municipal water system; 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, 2024, and to amend the Contract to provide for subsequent ten (10) year extensions and termination. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: The recitals set forth above are incorporated herein as if fully set forth. SECTION 2: That the Contract, as amended, shall be extended from August 16, 2004, to August 15, 2024, upon the terms and conditions set forth therein. SECTION 3: That Paragraph 20 of the Contract be amended to be and read in its entirety as follows: 20. Term of Contract; Termination. 261111_2 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. SECTION 4: That the Mayor and Village Clerk are hereby authorized and directed to execute the Second 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 C. SECTION 5: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of , 20_. Irvana K. Wilks ATTEST: Mayor M. Lisa Angell Village Clerk 261111_2 eismoimr • ' EXHIBIT CONTRACT FOR SALE OF WATER BY THE VILLAGE OF MOUNT PROSPECT TO THE CITY OF PROSPECT HEIGHTS This Contract made and entered into this 15thday of . August 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 Heights "), an Illinois municipal corporation. WITNESSETH; WHEREAS, in order to properly safeguard and promote the health, welfare and well -being A` Its :' i n"rl a iti p bpeflles Prospect Heights desires to purchase water from Mount Prospect for distribution to.,Its. piqpartiesu along.Campl.Mcaonaldittoid; and WHEREAS, Mount Prospect Is willing to.furnish water to Prospect Heights, and expects to have. available water for the initial ten (10) year period . of this Contract as well as the ten (10) year option period as set forth In Section 20 hereof. WHEREAS, 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 receive, and pay for, water upon the terms and conditions, and for the consideration as hereinafter set forth: j• 1. Quantity of Water, During the term of this Contract, Mount Prospect shall provide and make available to Prospect Heights, for its use at a delivery point as hereinafter specffied, water in the volume required by Prospect Heights or which the Prospect Heights water system may be capable of taking at a mi nimum operating pressure (25 PSI) 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 rata 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 bears to the volume of water used by the other customers of Mount Prospect for the same period. in the event that it becomes necessary for Mount Prospect to limit the use of water by its water customers, by imposing lawn and sprinkling restrictions, or otherwise, Prospect Heights shall, upon notification by Mount Prospect, impose • the same water use restrictions and limitations .on 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 ' • 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 . 2. Quality of Water. Water 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 responsibility of Prospect Heights. So long as Mount Prospect meets its responsibility pursuant to this paragraph, Plaintiff shall make no claims whatsoever against Mount Prospect for coats or damages caused by any failure to meet EPA or other regulatory agency water quality or composition standards. 3. Point of Delivery. The point of delivery 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 intersection of Route 83 to an existing 8" water main owned and maintained by mount Prospect. Any future point of delivery or service connection to the water supply system of Mount Prospect, whether the connection is in Mount Prospect 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 effecting such connection to the Prospect Heights system shall be subject to the approval of Mount Prospect and the 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 • • 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 to be mounted close to the water measuring device, as approved by Mount 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 meter shall be provided. d. Each water metering device and water metering pit shall be situated at the site near the point of delivery or the connection to the water supply of Mount Prospect. 4. installati�_ - The Installation route, the size of the piping and the necessity and location of other structures, shall be as described in Exhibit "1" as attached hereto. 5. Cos of imorovOmOIlt. Prospect Heights shall be responsible for one • hundred percent (100 %) of any costs associated with the construction and Installation of any piping or structure required to fulfill this Contract, including, but not limited to, all engineering and legal fees. 6. Wowing' and Pents. The working engineering drawings for the entire system shall be submitted to Mount Prospect for review, modification and approval. Prospect Heights shall be responsible for obtaining such other the 4 governmental approvals or permits as are necessary, including but not limited to, Illinois EPA, 7. Ownership of improvements. 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 Prospect. The cost and preparation for acquisition of easements shall be the responsibility of Prospect Heights, but Mount Prospect shall provide such support as may be necessary to legally accomplish such acquisition. 8. Jlotificatlon and Cost of Repair. Prospect Heights shall notify Mount Prospect immediately upon discovery of any 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 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 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 best efforts to repair such breaks, defects 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 Prospect or Prospect Heights, or whether performed by Mount Prospect or Prospect Heights. 9. Other Connections. 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. Measurina Equipment 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 meters. All such equipment shall be of a standard type approved by Mount Prospect and capable of reading rate•and quantity; with the capacity of accepting telemetering equipment to permit remote reading, for measuring the quantity of water delivered under this Contract. Meters will be tested and calibrated annually. Prospect Heights shall be notified, in writing, of such calibration 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 shaft be paid for by Prospect Heights. . 11. Meter Ft- ding j"tecorOatloq. For the purpose of this Contract, the original record or readings of the meter or meters shall be in the meter journal or other record book of the Village of Mount Prospect. Upon request by Prospect Heights, Mount Pros rospetct shall furnish Prospect Heights with a copy of such 6 ♦ r records or permit Prospect Heights to have access thereof during reasonable business hours. • 12. Totting of Lines and Structures. Flushing. Testing of the water mains and associated equipment and structures shalt 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. 13. Unit of Measurement. The unit of measurement for determining compensation for water delivered hereunder shall be in thousands of gallons and all measuring devices shall be so calibrated. 14. Price and Terms. Prospect Heights Shall pay Mount Prospect 1.25 times the Mount Prospect residential water rate for each thousand gallons of water delivered through the meter(s) at each point of delivery to Prospect Heights. In addition, Prospect Heights shall pay a capital expenditure surcharge for each thousand gallons of water delivered through the meter(s) at each point of delivery to Prospect Heights equal to 1.26 times an amount calculated in the following formula: Capital expenditure surcharge (Surcharge) for each 1,000 gallons equate Special Service Area No. 5 property tax s (SSA No..5 Taw) levied for the previous. year divided by the total 1,000 gallon units of water billed (1,000 gallons billed) to all Mount Prospect water customers for the previous May 1 through April 30. The Surcharge for . 1993 SSA No. ti Tax Lew } May 1, 1994 - April 30, 1905 1,000 Gallons billed May 1, 1993 - April 30, 1994 " The Surcharge shall be calculated May 1 of each year. The Surcharge so• calculated shall be In effect from May 1 through April 30 of the next year. 7 • 15. pilling. Mount Prospect shall 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. 16. Commencement Liability for Payments. Liability for making payments as above set forth shall commence on the date of the flrst tender of delivery and { acceptance of water by Prospect Heights after completion of the installation and testing of the aforesaid water main. 17. Continuity of Service - Conditions. 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 Heights to the extent required by this Contract. 18. No Strict Liability. Mount Prospect shall not be Liable for damages for breach of contract or otherwise for failure, suspension, diminution or other variation of service occasioned by any cause beyond the control and without the fault or negligence 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 govemment in either Its sovereign or contractual capacity; fires, flood, freezing, epidemics, quarantine restrictions; "strikes, or failure or breakdown of transmission or other facilities. 8 19 . to Resale. Prospect Heights agrees not to resell or otherwise provide an 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 Michig water allocation that is equal to the use, pursuant to this Contract. 20. X9tm of Contract. 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 for any additional term permitted by law upon such terms and conditions and rate adjustments, If any, which may be then agreed by and between Prospect Heights and Mount Prospect. 21 . Modification. This Contract may be amended only hi writing and with the consent of the governing bodies of both Mount Prospect and Prospect Heights. 22 . !I Id Harmless. Prospect Heights and Mount Prospect mutually agree to hold and save each other harmless from any and all claims, damages, suits, . causes of action and the like based on the fault or negligence of the other which may ar ia* by virtue of this Agreement. 23 • BASH. All notices of communications as provided for herein shall be In writfn9 and shall be either delivered to Mount Prospect or Prospect Heights, or to the pfft of the clerk of the respective municipality; or, if mailed, shalt be sent 9 I. by registered mail, postage prepaid, to the office of the respective clerk of each respective municipality, . 24. afesinagy. In the event that any p P Y Pa�'t, term or provision or paragraph of this Contract shall be found to be illegal or In conflict with any law by any c Y Y Dort of proper Jurisdiction, the validity of the remaining portions of provisions of this Contract shall not be affected thereby. IN WITNESS WHEREOF, the parties hereto acting under the authority granted d by their respective governing bodies have caused this Contract to be duly executed in several counterparts, each of which shall constitute an original, gtnal all as of the date and year first above written. • 10 • • EXHIBIT "B" AMENDMENT TO AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT • AND THE GfTY OF PROSPECT HEIGHTS it has been determined by the corporate authorities of the Village of Mount • Prospect and the City of Prospect Heights that the but interests of both communities • would be served by amending the "Contractfor Sale of Water by the Village of Mount . Prospect to the City of Prospect Heights ", dated August 18,1894. The 'Contract for Sale of Water by the Village of Mount Prospect to the City of Prospect Heights ", dated August 18,1994 Is hereby amended u follows: 1. Section 9 is hereby emended In Its entirety, so that hereafter Section 9 shall be and reed as follows: "Section 9. e n Mount Prospect and Prospect Heights • • McDonald Road and IL 83 for a 115,120 q. ft Commer i s cial building. Plans for f Camp 1V1 connection and intematplumbing plans will be submitted for review and approval to Mount Prospect. a. The cannactlon shell be equipped with a water measuring device meeting • Mount Prospect's specifications. • p. The connection shall be equipped with a water check valve to be mounted • close to the water measuring device' es approved by Mount Prospect, In e . • such a mariner as to prevent the flow of water from the Commercial • • building back into the water system. In addition, a valve on each side of • the meter shall be provided. c. Prospect Heights will be responsible for annual testing of the back water check vsilve•by a certified cross- connection control device inspector. A • copy of the inspection report Shall be submitted to Mount Prospect . annually. • d. No other connection or extension to service other properties shall be , permitted wlthorit the joint consent of Mount Prospect and Prospect Heights: • 2. Section 10 Is hereby amended by replacing the first paragraph In its entirety; to that hereafter the first paragraph of Section 10 shell be and read as follows " Section 10. Measuring Equipment. Prospect Heights agrees to furnish, Install and replace, as may be necessary, at Its own expense, at each point of delivery nyfff?f err.� !__ �,. ,0,dgf REVie is the necessary meter a t ; Valvs'iT meters. A optent sfiell " Ware standard type approved by Mount Prospect end capable of reading rate and quantity; with the capacity of accepting telemetering equipment to permit remote reading, for measuring the quantity of water delivered and/or consumed under this Contract. Meters will be tested and caltbtated annually. • 3. Section 14 is hereby amended by adding thereto the following; so that hereafter Section 14 shelt.l igiude the t9tlR.ing: " F g water used by the commerclai service connection as described In Section 9 01 s' fftlril; ••thee rtrliilh'it'th tribtkirtii iil'rg ld kirthe City of Prospect Heights shall be the rate established by the Village of Mount Prospect for non - resident users plus the capital expenditure surcharge as outlined in this Section. • • 4. Section 19 Is hereby emended in its entirety; so that hereafter Section 19 shall , be and read as Idilaws: Section 19. No Resale. Other than the service connection described In Section 9, Prospect Heights agrees not to retell or otherwise provide any water provided pursuant to this Contract to any other user, without prior written approval of Mount•Prospect., If requested by Mount Prospaot, this City of • Prospect Heights will, at Its own time end expense, apply to the appropriate • State agency for permission tb convey to Mount Prospect a portion of Prospect Helght's Lake Mlchtgan water allocation that is equal to the use, pursuant to this Contract. • • • • • • The Village of.Mount'Prospeot and the City of Prospect Heights, eating under • • • ' • the authority granted by their respective govemtnp bodies, have caused Mrs Amendment to be added to the Agreement attached hereto as Exhibit 'A' and Is day executed. In the same manner as the original Agreement this let day of , 1997. • • • 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 day of , 201, 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: 261111_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. SECTION 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 City of Prospect Heights An Illinois home rule municipal corporation An Illinois municipal corporation By: By: Mayor Mayor Attest: Attest: M. Lisa Angell, Village Clerk , City Clerk 261111_2