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HomeMy WebLinkAbout95-125Resolution No. 95 -125 RESOLUTION AUTHORIZING EXECUTION OF A 1995 MODIFICATION TO THE AMENDED CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a 1995 Modification to the Amended Contract for Sale of Water by the City of Elgin to the Village of Sleepy Hollow on behalf of the City of Elgin with the Village of Sleepy Hollow, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: June 14, 1995 Adopted: June 14, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk 1995 MODIFICATION TO THE AMENDED CONTRACT FOR SALE OF WATER BY THE CITY OF ELGIN TO THE VILLAGE OF SLEEPY HOLLOW This 1995 agreement amendment is made and entered into this lst day of May , 1995, by and between the City of Elgin (hereinafter called "Elgin"), an Illinois Municipal Corpora- tion, and the Village of Sleepy Hollow (hereinafter called "Sleepy Hollow "), an Illinois Municipal Corporation, P R E A M B L E WHEREAS, Elgin and Sleepy Hollow have entered into an Amended Contract for the sale of water by Elgin to Sleepy Hollow dated February 16, 1993; and WHEREAS, Sleepy Hollow has submitted to Elgin for review and approval design plans and full specifications for the 1995 Sleepy Hollow Watermain Extension Project running along Sleepy Hollow and Boncosky Roads, which Elgin has approved subject to the terms of this 1995 Modification to the Amended Contract; and WHEREAS, Elgin and Sleepy Hollow desire to enter into this 1995 Modification to clarify and memorialize each parties' obli- gations and responsibilities. NOW, THEREFORE, in consideration of the mutual promises and contained herein, Elgin and Sleepy Hollow hereby agree as follows: A. The terms of the Preamble of this Agreement are incor- porated into this Paragraph A as if fully restated herein. B. That the portion of Paragraph 3(d) of the 1993 Amended Contract which reads: Any improvements constructed by Sleepy Hollow for the water system located within the corporate limits of the City of Elgin shall be conveyed by Sleepy Hollow to Elgin including necessary easements. shall be modified to read: Any improvements constructed by Sleepy Hollow for the water system located within the corporate limits of the City of Elgin, including improvements for the 1995 Sleepy Hollow Watermain Extension Project, shall, be conveyed from Sleepy Hollow to Elgin within 90 days of the completion of such construction; provided, how- ever, that such improvements, easements or other in- terests in any real property necessary to install, main- tain, repair or replace such improvements shall. con- tinue to be maintained, repaired and replaced by Sleepy Hollow at Sleepy Hollow's sole expense. C. That all remaining provisions of the 1993 Amended Con- tract shall remain in effect as written prior to this 1995 Modi- fication. IN WITNESS WHEREOF, the parties hereto acting under the au- thority granted by their respective governing bodies have caused this 1995 Modification to the Amended Contract to be duly executed in several counterparts, each of which shall constitute an ori- ginal, all as of the date and year first above written. CITY OF ELGIN, an Illinois municipal corporation a BY City Manager Attest: 1 City Clerk VILLAGE OF SLEEPY HOLLOW, an Illi- nois municipal corporation BY Attest: J Village President )cat 1,!71 ' Village Clerk -2- MIT May 16, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Modification to Sale of Water Contract with the Village of Sleepy Hollow PURPOSE This memorandum will provide the Mayor and members of the City Council with information to consider in modifying the amended contract for sale of water by Elgin to Sleepy Hollow dated February 16, 1993. The subject contract provides for a second water service line to the Village of Sleepy Hollow at North McLean Boulevard and Sleepy Hollow Road. The modification here requested and previously agreed to by the Village of Sleepy Hollow (see the attached letter dated May 2, 1995, from William J. Payne, attorney for Sleepy Hollow) pertains to only one paragraph in the document. Briefly, this paragraph provides that the Village of Sleepy Hollow will maintain and repair any improve- ments constructed by the Village that are located within the City of Elgin's right -of -way within McLean Boulevard. COMMUNITY GROUPS /INTERESTED PERSONS CONTACTED The Village of Sleepy Hollow and its legal representation. FINANCIAL IMPACT There is no financial impact to the City of Elgin from this contract modification. None. Sale of Water to Sleepy Hollow May 16, 1995 Page 2 RECOMMENDATION It is recommended that the members of the City Council ap- prove this contract modification and direct staff to proceed with the necessary resolution to this effect. 1 Respectfully �submittt d, RBH:JLK:jm Attachment James L. Kristiansen Public Works Director Richard B. Helwig City Manager SAMELSON, KNICKERBOCKER & PAYNE ATTORNEYS AT LAW 'NORMAN E. S.MiEISON 575 ij STREET, UPPER LEVEL GEORGE B. KNICK17RDOCKER ` DESPLAINES, ILIJN015600]6 MLLIAN J. PAYNE TELEPHONE (708) 8275] 17 FAX (708) 827 -00751 May 2, 1995 — Mr, Larry E. Deibert, Director of Water Operations City of Elgin (11'. !.f IN 150 Dexter Court l4JA i Li, i�'A , ,r; I JEN1 Elgin, IL 60120 -5555 RE: City of Elgin /Village of Sleepy Hollow 1995 Modifica- tion to Water Contract Dear Mr. Deibert: Thank you for your cooperation and follow up concerning the above matter, and your correspondence to me of April 26, 1995 re- garding the 1995 Modification to the Water Agreement. I have reviewed your letter and your revised language in the 1995 Modification with Village Trustee Dan Johnson, and he has indicated that it is acceptable. Also, the deletion of any change to Paragraph 4, Measuring Equipment, is also acceptable. Therefore, I have enclosed three (3) copies of the 1995 Modi- fication that have been dated May 1, 1995 and executed by the Vil- lage President and Village Clerk on behalf of Sleepy Hollow. This action is taken pursuant to the previously adopted Sleepy Hollow Resolution No. 230 which was approved at the February 20, 1995 Sleepy Hollow Village Board meeting, and sent to you by Norine Olson on February 22, 1995. Note, I did discuss this with Assistant Corporation Counsel Michael Gehrman, and he found this procedure to be acceptable. Kindly see that one fully executed original is returned to the Village Clerk along with any Ordinance or Resolution prepared by the City of Elgin, and that a photocopy is sent to my attention for my file. Again, your cooperation with this matter is greatly appre- ciated. Very truly yours, SAMELSON, KN ine ERBOCKER & PAYNE WiYTiam P WJP:clt Encl. cc: Mr. Dan Johnson, Sleepy Hollow Trustee Ms Norine Olson, Sleepy Hollow Village Clerk