HomeMy WebLinkAboutRes 01-11 01/04/2011 Extension of the Contract for Sale of Water to City of Prospect HeightsRESOLUTION NO. 01-11
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.
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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.
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: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel
NAYS: None
PASSED and APPROVED this 4th day of January, 2011.
ATTEST:
r
M. Lisa nge 1
Village Clerk
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rvana K. Wilks
Village President
1BIT
CONTRACT FOR SALE OF WATER BY
THE VILLAGE OF MOUNT PROSPECT TO THE
CITY OF PI&QWECT HEIGHTS
This Contract made and entered into this 15t day of . August ,
9994 by and between the Village of Mount Prospect (hereinafter called "Mount
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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 �bi'rts;tvrirtleil;pf PjProspect Heights desires to
purchase water from Mount Prospect for distribution tc� :::its. •gPsritrnentti .
prgpart.M....vfong:•Ca"mp+•MoDonaiickI.%ad; 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:
1. gota try of Vllater. 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 specified, water In the volume required by Prospect Heights or which
the Prospect Heights water system may be capable of taking at a minimum
operating pressure (25 PS.I) 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 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 bears to the volume of water used by the
other customers of Mount Prospect for the some 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 some 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.
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....2f Wft. Wafer 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. 8o long as Mount Prospect meets its
responsibility 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 ftm-. 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 want 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 ally such connection and the
method of effecting such connection to the Prospect Heights system shall be
subject to the approval of iliiount 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.
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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
Prospects in such a manner as to prevent the flow of water from prospect Heights
to ilAount 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. IThe 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. Cost of WVemO*• Prospoct Helghts 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 Contracts including, but
not limited to, all engineering and legal fees.
g, moss and Pence. The working engingering 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
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governmental approvals or permits as are necessary, Including but not limited to,
Illinois EPA.
7. 901011111 of imgfovenrents. Any Improvements constructed by Prospect
Heights for the water system located within the corporate Limits of Mount Prospect
shaft 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. Notification 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,
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 best efforts to repair such breaks, defects or malfunctions within twelve
(92) 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
Prospect or Prospect Heights, or whether performed by Mount Prospect or
Prospect Heights.
8. =IIr 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.
1o. Ng-CgolpmmProspect 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 motor pita, 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 shall be paid for by Prospect Heights.
11. Neter Reading_&rcordailon. 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 Prospect shall furnish Prospect Heights with a copy of such
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records or permit Prospect Heights to have access thereof during reasonable
business hours.
12. TTmtng- off Unes jInd ft9b res. Flushing. 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.
13. Unit of UNW111 meat The unit of measurement for determining
compensation for water delivered hereundgr shall be In thousands of gallons and
all measuring devices shag be so calibrated.
14. Price and TetTtie. Prospect Heights *.hall pay Mount Prospect 1.26 times
the Mount Prospect residential water rate for each thousand gallons of water
delivered through the meters) at each point of delivery to Prospect Heights. In
addition, Prospect Heights shall pay a caplial 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:
Capel ex1»ndldrre surcharge (lrrcharge) far each 1,400 gallons equals Spechd
Sorylce Ana Mg. 8 properly taxa (SU Na .!i Teams) Wed for the provIous, year
divided by the loti11,000 gallon nails of waterbilled (1,000 gallops billed) to ell
Mount Pr+cepeotwatrrr castomon for the prwlous May 1 through April 30.
Tho Surcharge far . 1m M Na 5 Imo.
May 1, 1994 - April 31L 1995 1,000 Gallons billed May 1, 1993 - April 80.1994 "
The Surcharge shag be calculated May 1 of eaah year. The Surcharge so,
calcuhded slap be In eMect from May i through April 30 of the next year.
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9 S.i8 li ng. 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. g=Mgncom*nJ:UabMfbKEA=nts. Liability for making payments as
above set forth shall 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. Continuity of Service - Coodiflons. 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 condltlons'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 Stdct Uability. 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 government in either Its sovereign or contractual capacity; fines,
flood, freezing, epldemics, quarantine restrictions, btrikes, or failure or breakdown
of transmission or other facilities.
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Is. o Resets. Prospect Heights agrees not to resets or otherwise provide
any water provided pursuant to the Contract to any other user, without prior
wnitteq approval of Mount Prospect if requested by Mount Prospect, the City of
Prospftt Heights will, at Its own time and expense, apply to the appropriate State
permission to convey to Mount Prospect a portion of Prospect Height's
agency for .
Lake Michigan water allocation that is equal to the use, pursuant to this Contract.
20. Tenn C!f{m�t, This Contract shall continue In full force and effect for
-�
a pertod of ten (10) years from the date hereof. Prospect Heights shalt have the
option to extend this Contract for an additignal ten (10) year period. The Contract
may be renewed for any additional term permitted by law upon such terms and
condit Iona and rate adjustments, if any, which may be then agreed by and between
ProsPect Heights and Mount Prospect. ,
2'1 • Modincs ion. This Contract may be amended only In writing and with the
consent of the governing bodies of both Mount Prospect and Prospect Heights'-
22a
eights;22• Hold 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 arise by virtue of this Agreement.
23•��dces, Ail 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 office of the clerk of the respective municipality; or, if malted, shall be sent
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by registered mail, postage prepaid, to the office of the respective clerk of •
ach
respective municipality,
24. Severa6rrrw in the event that any part: term or provision or paragraph
of this Contract shelf be found to be illegal or in conflict with 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 WITNESS WIIEREOF, the parties hsret acting under the authority granted
by their respective governing bodies have caused this Contract to be duly
executed In several counterparts, each of which shall constitute an original, all as
of the date and year first above written.
Vsliage of Mount prospect
An iilinols Munk4pai• Corporation
City of Prospect Heights
An Illinois Municipal Corporation
ATTEST: BY.
t Clerk
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EXHIBIT "8"
AMENDMENT TO AGREEMENT
BETWEEN THE VIi.LAGE OF MOUNT PROSPECT
ANR THE fCfTY OF PROSPECT HEIGHTS
'It hat been determined by the corporate alldWties of the Vlliede of Mount
Prospect and the City of Prospect Heights 8*00 tett Interests of both communities
wmuid be seared by amending the'Contrecttbr Otte of Water by the Village of Mount
Prospect to to City of Prospect Helshle", dated August 15, 1994.
The 'Contract for Sale of Water by the Village of Mount Prospect to the City of
Prospect Heights', dated August 15,1994 Is hereby amended as follows:
1. Section 9 Is hereby amended in its entirety, so that hereafter Section 9 shall be
and read as folbwe:
Section 8. Q� Mount Prospect raid Prospect Heights
Mo�;0 rilidb i� i(te`r't at the northeast comer of Camp .
ld Roid and IL 88 for a 19j120 sq, tk aommardal building. Plans for
ocnnedion and Internal -plumbing play wlit be submttted for review and approval
to Mount Prospect. '
a. The connection sheu be equipped with a water measuring deft meeting
Mount Prospect's apecitkretlans.
p. The connectlon shelf be equipped with a water check valve to be mounted
dose to the water measuring device•as approved by Mount Prospect in a
Zsuch a mariner as b prevent the flow of water from the oommardal -
icing bads into the water system. In addition, a valve on each side of
the meter shall be provided.
c. Prospect Hptghts win be responsible for annual testing of the bads water
the* volve.by a oadilied cross-connadlon control device inspects; A -
copy of the Inspection report shalt be submitted to Mount Prospect
annually.
d. No other oonneotfari or extension to servloe other prcpertiee Shall be
permuted wft A the Joint consent of Mount Prospect and Prospect
Fiefghta: -
2. $action 10 is hereby amended by replacing the first paragraph in its entirety; aro
that hereafter the first paragraph of Section 10 shall be and read sq follows
Section 10. Maseuring Equipment Prospect Heights agreei to fumish, install
and replace, as may be necessary, at its own expense, at each POW of dolivery
y��`G4p��@1e the neceesaryrmeter
Ogg
maters, A su 1 tae�oT a Standard type
approved by Mount Prospect and capable of reading rete and quantity; vdlh the
cap&* of sac epting telemetering equipment to permit remote reading, for
measuring the quantity of weterdelfvered anWor consumed under this Contract.
Meters will be tested and callbtated annually. °
& Suction 14 Is hereby amended by adding thereto the following; so that hereafter
section 14 shell i,�,pglttrde�the�ts?titt+j
° F�'water used by In,e commerclal•servlea �necfion as described In $action 9
of sifit; the iPilriittfr`tibtf'Byie City of Proapeot Heights
shall bathe rate estabgshed by the Vil►age of Mamt Prospect for non-realdent
users plus the capita! expenditure surcharge as outttned to this Oectlon.
a
4. Section 19 Is hereby amended in Its entirety; so that hereafter Section 19 shah
be and tread as 1161lowl;
Seaton 19. No Resole, Other than the BvAm conneaft described in
Seotlon % Prospect Hetghta agrees not to resell or otherwise provide any water
provided pursuant to this Contreat to ww other user, without prtar wHten
92m9n
t•Prospeot., If requested by Mount Prospect, the City of
sem, et Its owm time and expense, apply to the appropriete permission tb conveyto Mount Prospeot a portion of Prospect
oMgan water aitacetton that le equal to the use, pursuant to tits•
Contn� '
The Village of.Mount'Prospeot and the City of Prospet Heights, acorea under
the authority granted bi their respective govt bodies, hew caused tda
Amendment to be armed to the Agreement atteohsd hereto as End U "A' and Is drily
executed• in the same manner as.the ortpinsl Anent thio L day of
1997.
VILLAGE OF MOUNT PROSPECT
An Illinois Municipal 0arporation
71mdhy J. Co 0
President P T
ATt'COI
age Clerk
CIN OF PROSPECT H911GATO
Art Alinots Municipal Corporation
Edward P. .
City
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SECTttyN 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
An Illinois home rule municipal corporation
Attest:
i a Angel , Vill ge Clerk
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City of Prospect Heights
An Illino1,s!unic' a orporation
By:��
Mayor
Attest:
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 Pros e t to the ty of Prospect Heights (the "Agreement") is made and entered
into this d y :,%�, ,-, 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:
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PROSPECT HEIGHTS WATER CONNECTION
Legend
rl METER VAULT
MOUNT PROSPECT WATERMAIN
PROSPECT HEIGHTS WATERMAIN
300 150 0 300 600 900 13200 1,500 Feet
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Map Info as of 12-8-10
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