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Home My WebLink About01-86 Resolution No. 01-86 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SOUTH ELGIN FOR BRIS II AND BRIS IB SEWER LINES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment to Intergovernmental Agreement on behalf of the City of Elgin with the Village of South Elgin relating to payment and collection of development impact fees and recapture fees for the BRIS II and BRIS IB sanitary interceptor sewers, a copy of which is attached hereto and made a part hereof by reference . s/ John Walters John Walters, Mayor Pro Tem Presented: March 28 , 2001 Adopted: March 28, 2001 Vote : Yeas 5 Nays : 0 Attest : s/ Suellyn Losch Suellyn Losch, Deputy City Clerk DRAFT 3/9/01 RAGREE/SESEWER.A AMENDMENT TO INTERGOVERNMENTAL AGREEMENT THIS AMENDMENT AGREEMENT made and entered into this 28th day of March, 2001, by and between the CITY OF ELGIN, a municipal corporation, organized and existing under the constitution and the statutes of the State of Illinois (hereinafter referred to as the "City of Elgin" ) and the VILLAGE OF SOUTH ELGIN, a municipal corporation, organized and existing under the constitution and the statutes of the State of Illinois (hereinafter referred to as "South Elgin") ; WITNESSETH WHEREAS, the City of Elgin and South Elgin have previously entered into an Intergovernmental Agreement dated December 2 , 1998 (hereinafter referred to as the "Subject Intergovernmental Agreement" ) ; and WHEREAS, the Subject Intergovernmental Agreement includes provisions relating to the City of Elgin' s construction of a parallel sewer line to the Bowes Road Interceptor Sewer such parallel sewer line being commonly referred to as the BRIS I parallel and referred to in the Subject Intergovernmental Agreement as BRIS IB; and WHEREAS, the Subject Intergovernmental Agreement also includes provisions providing for the City of Elgin' s agreement to allow properties within the Existing Service Area and the South Elgin South West Sanitary Sewer Area (SWSSA) connection to and use of the City of Elgin' s BRIS II and the future BRIS IB sanitary sewer interceptor sewer lines, all on the terms and provisions as set forth in the Subject Intergovernmental Agreement; and WHEREAS, the City of Elgin and South Elgin have determined that it is necessary and desirable to enter into this Amendment Agreement providing for the amendments to the Subject Intergovernmental Agreement as specified herein. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings set forth herein, and the mutual promises and undertakings set forth in the Subject Intergovernmental Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows : 1 . That the Subject Intergovernmental Agreement between the City of Elgin and South Elgin dated December 2, 1998, is hereby amended as follows : "A. Paragraph 5 of the Subject Intergovernmental Agreement is hereby amended by adding the following additional language thereto: "The City of Elgin agrees to execute and return within ten (10) days of the receipt of proper and fully completed sewer connection permit applications for connection to and service through the BRIS II and BRIS IB sanitary sewer lines for the properties in the SWSSA. For the purpose of this agreement, "proper and fully completed" shall include but not be limited to the payment of all requisite fees associated therewith. " B. A new Paragraph 18 is hereby added to the Subject Intergovernmental Agreement which reads as follows : -2- "18 . That on or before March 30, 2001 South Elgin agrees to and shall provide the City of Elgin, its employees, agents and contractors with all approvals, including but not limited to permits, and access to any easements and rights-of-way, including but not limited to Sundown Drive, located in or within reasonable proximity to the corporate limits of South Elgin which may be reasonably necessary to allow for the City of Elgin' s construction of the BRIS IB sanitary sewer and appurtenances thereto. Such permits and approvals shall be at no cost to the City of Elgin. South Elgin further agrees to otherwise cooperate with the City of Elgin in the City of Elgin' s construction, maintenance and repair of the BRIS IB sanitary sewer and appurtenances thereto, including but not limited to, all plan review, permitting and inspections required by South Elgin in a timely manner, without unreasonable delay or denial and at no cost to the City of Elgin. " C. Page 2 of Exhibit A to the Subject Intergovernmental Agreement being a map depicting the South West Sanitary Sewer Area (SWSSA) is hereby amended as set forth in Exhibit A attached hereto, consisting of one page and labeled as the "Southwest Sanitary Sewer Area Exhibit for Amendment to 1998 IGA March 2 , 2001 . " For purposes of clarification, the amendments to the Southwest Sanitary Sewer Area as provided in such new Exhibit A attached hereto consist of deleting therefrom Parcel M commonly known as the Windswept Farm Henneger Property and adding thereto Parcels T and U commonly known as the Cribbe Property and the Stanitz Property. Notwithstanding anything to the contrary provided in the Subject Intergovernmental Agreement or in this Amendment Agreement, the City of Elgin' s obligation to authorize connection to and service through the BRIS II and/or BRIS IB sanitary sewer interceptor lines for Parcels T and U, -3- including signing sewer connection permits therefor, is contingent upon such Parcels T and U being developed with residential uses only. 2 . That in the event of any conflict between the terms of this Amendment Agreement and the terms of the Subject Intergovernmental Agreement dated December 2 , 1998 , the terms of this Amendment Agreement shall control . 3 . That except as amended in this Amendment Agreement, the Subject Intergovernmental Agreement dated December 2, 1998, shall remain in full force and effect . 4 . That this Amendment Agreement is contingent upon* the Fox River Water Reclamation District executing and delivering to the City of Elgin on or before April 6, 2001 the original of the assignment of grant of easement between the Fox River Water Reclamation District and the City of Elgin, a copy of which is attached hereto as Exhibit B. 5 . That this Amendment Agreement is further contingent upon the City of Elgin and South Elgin concurrently with the entry into and execution of this Amendment Agreement also executing, entering into and thereafter performing the Intergovernmental Agreement between the City of Elgin and the Village of South Elgin dated March 28, 2001 relating to improvements of Hopps Road and Spring Street . *the Fox River Water Reclamation District providing the City of Elgin with all approvals, including but not limited to permits and the signing of permits, which may be reasonably necessary to allow for the City' s construction of the BRIS IB sanitary sewer and appurtenances thereto and upon -4- IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement on the date and year first written above. VILLAGE OF SOUTH ELGIN CITY OF ELGIN By 1,00 By Presi ent Mayor Attest : Attest : L k_al,i/ai/A/Gadi fA4 Village er City Clerk GOOF SO0 Z 1897 APRIL 20 134 .OF ILO- -5- . Southwest Sanitary Sewer Area Exhibit for Amendment to 1998 IGA ' March 2,2001 I . . / , Properties Included in the Southwest Sanitary Sewer Area , B. C.AVITT FARM 441 North i • E. HAYES PROPERTYlriAOMA/ 0. JEWEL Foam az AcREao i pA.g.ouipetu mom rFloretrn am Acre° A BPORR FARM 04 ACREIM I ThOWOOO r L TB=BA/1013447;fTja *ORM tionglidetialkilkitiettlitatmaNdamlotimeroomPRR 1 N. UlADENSTOOK PROPERTY 05 ACFnaltez 0. PDX1111= MY MS P. TlECZA 740 I 0. PEDDIY PROPERTY VT= • i It CALMOUN PROPERTY tee Acne0 • a mcoototo nom()our cts-nER oe ACIVIEO T. MESE PROPERTY 44 ACREV.0 U. awirrz PROPERrf 029 ACTIEBT 80 tiAtimAY • TRUNIy_EwER W /ATER losTER " In'" . PLIMPINO BTATIoN t4oe-F,5 RD. I r ..... ,.....1 Amar VA It(rin 1 i II IPA 1 ••••, . 5 AAA 0 1 1.2 • •4..4 1 i . • • i P.. I itinettlis".!slit* .. 4 I I I I I I fiL,a0 WI I I 1 "4"."'" •int . • . 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Exhib ip.::-4 RAGREE/FRWRD.AE DRAFT 2/23/01 THIS INSTRUMENT PREPARED BY & MAIL TO AFTER RECORDING: William A. Cogley Corporation Counsel City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 ASSIGNMENT OF EASEMENT GRANT t THIS AGREEMENT made and entered into this (7 day of /- )(4 , 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois municipal corporation (hereinafter referred to as "FRWRD" ) . WITNESSETH WHEREAS, FRWRD has previously received an Easement Grant from Bill Anest, Olga Anest, Peter Anest and Thalia Anest, dated March 21, 1991, and recorded on May 2 , 1991 as Document Number 91K21584, and amended by a Certificate of Correction recorded on January 2 , 1992 as Document Number 92K00046, a copy of which is attached hereto as Exhibit A (such Easement Grant is hereinafter referred to as the "Subject Easement Grant") ; and , WHEREAS, the Subject Easement Grant permits FRWRD to assign all or any part of its interests therein to the City of Elgin; and Exhibit B WHEREAS, the City and FRWRD have agreed to enter into this Assignment Agreement whereby FRWRD shall assign to the City and the City shall assume all rights and obligations of FRWRD regarding the Subject Easement Grant on a non-exclusive basis as to those portions of the easement premises described within the Subject Easement Grant lying easterly of the east line of Juli Drive for the purpose of installing, constructing and maintaining a parallel sewer commonly referred to as the BRIS I Parallel Sewer, also referred to as the BRIS IB. NOW, THEREFORE, for and in consideration of Ten Dollars ($10 . 00) in hand paid to FRWRD, the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are incorporated into this agreement in their entirety. 2 . That FRWRD hereby assigns to the City all of its rights, obligations, title and interest in and to the Subject Easement Grant, a copy of which is attached hereto as Exhibit A, as to those portions of the easement premises described within the Subject Easement Grant lying easterly of the east line of Juli Drive and subject to the reservation hereinbelow. 3 . That the City hereby accepts such assignment from FRWRD and assumes all of FRWRD' s rights, obligations, title 2 and interest in and to those portions of the easement premises of the Subject Easement Grant herein assigned. 4 . That FRWRD reserves the right to use the easement assigned for its corporate purposes, (including the installation of the BRIS I Parallel Sewer, if the City fails to complete construction within a reasonable time) so long as such use does not interfere with the City' s use thereof and subject to the City' s prior written approval, which shall not be unreasonably denied, delayed or withheld. 5 . That the City and FRWRD agree that this Assignment Agreement shall be recorded by the City with the Kane County Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Assignment and Assumption Agreement as of the date first written above. CITY OF ELGIN FOX VALLEY WATER RECLAMATION DISTRICT ByGt ',�si�� "�" , Schock Mayor President, Bo d�f Y �� Trustees Attest : Atte X111 .-.-�- Dolonna Mecum Clerk, Board of rustees City Clerk 3 STATE OF ILLINOIS ) ss COUNTY OF K A N E ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this \ \ day of - �L_. , 2001 . Notary Public A.AAA.A.1 A►A. AA OFFICIAL SEAL STATE OF ILLINOIS ) 4 NANCY ROLL ss 4 NOTARY PUBLIC, STATE OF ILLINOIS COUNTY OF KANE ) 4 My Commission Expires Aug. 10, 2001 OP v`VPAir'NV"kir vNIIP—Ir �►��►� I, the undersigned, a Notary Public, in and for said County, in the State aforesaid do hereby certify that -ruit)-"a. , President and �3rvce_ i2, Cc v Clerk, are persona ly known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official sea this day of ]ri f , 2001. `. "OFFICIAL SEAL'S DOUGLAS I SCHEFLOW , Co vssoN ovnotm: No _ ry Public iaa414a •:iit4.4'i' a� 4 EXHIBIT A (COPY OF ANEST GRANT OF EASEMENT TO BE ATTACHED) 5