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HomeMy WebLinkAbout04-260 Resolution No. 04-260 RESOLUTION AUTHORIZING EXECUTION OF A WATER SERVICE AGREEMENT WITH GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH, U.A.C., OF ELGIN, ILLINOIS 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 a Water Service Agreement on behalf of the City of Elgin with Good Shepherd Evangelical Lutheran Church,U.A.C.,of Elgin,Illinois for water service to its property located at 11N601 Nesler Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 22, 2004 Adopted: September 22, 2004 Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk WATER SERVICE AGREEMENT THIS AGREEMENT made and entered into this ' day of Se p0['r , 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the `City'), and THE GOOD SHEPHERD EVANGELICAL LUTHERAN CHURCH, U.A.C., OF ELGIN, ILLINOIS, (hereinafter referred to as the "Owner"). WITNESSETH WHEREAS, the Owner is the Owner of the property commonly known as 11N601 Nesiler Road, Elgin, IL such property being legally described on Exhibit A attached hereto (hereinafter referred to as the Subject Property); and WHEREAS, the Subject Property is not located within the corporate limits of the City or any other municipality but is adjacent and contiguous to the corporate limits of the City; and WHEREAS, the Owner is desirous of annexing the Subject Property into the corporate limits of the City and is in the process of preparing the necessary petition for annexation and proposed annexation agreement to provide for the annexation of the Subject Property into the corporate limits of the City; and WHEREAS, the property adjacent to the Subject Property to the east is within the corporate limits of the City and the owner of such property adjacent to the Subject Property to the east has installed and constructed a water main which is stubbed to the eastern property line of the Subject Property (such water main is hereinafter referred to as the "Subj ect City Water Main'); and RE/Good Shepherd/Water Agreement WHEREAS, the Owner has requested that the City allow the Owner to connect to the Subject City Water Main to provide water service for the Subject Property prior to the actual annexation of the Subject Property into the corporate limits of the City; and WHEREAS, the City has agreed to allow the Owner to connect to the Subject City Water Main and to obtain water service for the Subject Property pursuant to the terms and provisions of this agreement. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agrees as follows: 1. The Owner is hereby granted permission by the City to connect to the Subject City Water Main so as to provide City water service to the Subject Property. The Owner's connection to the Subject City Water Line shall be performed in conformance with all applicable City ordinance requirements and other applicable requirements of law as determined by the City's Water Director and shall be at the sole cost and expense of the Owner without any cost or expense to the City. Prior to the connection by the Owner to the Subject City Water Main the Owner shall submit plans and specifications regarding such proposed connection to the City's Water Director for approval. Prior to such connection the Owner shall pay all applicable charges and fees to the City and shall also pay any monies due pursuant to any outstanding recapture or reimbursement ordinances for the Subject City Water Main. 2. The City water service as authorized herein shall be solely and only for the Subject Property. The City water service to be provided by the City to the Owner for the RE/Good Shepherd/Water Agreement 2 Subject Property pursuant to this agreement shall be on a basis comparable to other applicable areas of the City bearing similar characteristics to the Subject Property, it being agreed and understood that the water service referred to herein is intended as a general service only and that no special duty or obligation is intended nor shall be deemed or to be created by this agreement. The water service to be provided to the Subject Property shall be subject to all applicable City ordinances and other regulations including, but not limited, to, Title 14 of the Elgin Municipal Code, 1976, as amended. Water rates for all water service furnished by the City to the Owner shall be as set forth in Title 14 of the Elgin Municipal Code, 1976, as amended, and in particular Section 14.04.190 which provides for water rates for consumers outside the corporate limits of the City. Owner shall pay all charges to the City when due for the water service provided by the City pursuant to this agreement. 3. The Owner shall within thirty (30) days of the date of this agreement file with the City a petition for annexation for the Subject Property requesting the annexation of the Subject Property into the corporate limits of the City of Elgin. Notwithstanding the foregoing or anything to the contrary in this agreement, it is agreed and understood that nothing in this agreement is intended nor shall be construed as to require the City to agree to the annexation of the Subject Property into the corporate limits of the City of Elgin. 4. The term of this agreement shall be for one (1) year from the date and year first written above. Notwithstanding the foregoing, this agreement shall automatically terminate upon the annexation of the Subject Property into the corporate limits of the City. Additionally, the City may terminate this agreement at any time upon thirty (30) days advance written notice to the Owner. RE/Good Shepherd/Water Agreement 3 5. This agreement shall not be deemed or construed to create an employment, joint venture, partnership, or other agency relationship between the parties hereto. 6. The failure by a party to enforce any provision of this agreement against the other party shall not be deemed a waiver of the right to do so thereafter. 7. This agreement may be modified or amended only in writing signed by both parties hereto, or their permitted successors or assigns, as the case may be. 8. This agreement contains the entire agreement and understanding of the parties hereto with respect to the subject matter as set forth herein. All prior agreements and understandings have been merged herein and extinguish hereby. 9. This agreement is and shall be deemed and construed to be a joint and collective work product of the City and Owner, and, as such, this agreement shall not be construed against the other party, as the otherwise purported draft of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. 10. This agreement is subject to and shall be governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. 11. This agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto which consent may be withheld at the sole discretion of either of the parties hereto. 12. If either party fails or refuses to carry out any of the material covenants or RE/Good Shepherd/Water Agreement 4 obligations herein, the other party shall be entitled to pursue any and all available remedies as specified herein or as otherwise available at law, equity or otherwise. Notwithstanding the foregoing or anything else to the contrary in this agreement, no action shall be commenced by the Owner or any other person or entity against the City or any of its officials, officers, employees, agents or any other related person or entity for monetary damages. 13. All notices shall be required to be in writing and should be served on the parties at the addresses following their signatures. The mailing of a notice by registered or certified mail, return receipt requested, or personal delivery by courier service shall be sufficient service. 14. To the fullest extent permitted by law, Owner agrees to and shall indemnify, defend and hold harmless, the City, its officials, officers, employees, attorneys, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or other relief, including but not limited to workman's compensation claims, in any way resulting from or arising out of or alleged to be resulting from or arising out of negligent actions or omissions of the Owner in connection herewith, including negligence or omissions of employees, agents or subcontractors of Owner arising out of the performance of this agreement, or in any way resulting from or arising out of or alleged to be resulting from or arising out of any violation and/or breach of the terms or provisions of this agreement by the Owner, including any violation and/or breach by employees, agents or subcontractors of the Owner. In the event of any action against the City, its officials, officers, employees, agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. The RE/Good Shepherd/Water Agreement 5 provisions of this paragraph shall survive any termination and/or expiration of this agreement. IN WITNESS WHEREOF, the parties have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN, an Illinois GOOD SHEPHERD LUTHERAN CHURCH municipal corporation B / _ ! _-'G CS✓ � >.c..„,„„ Y ,_ . - �' _Imo•► By /� Mayor Mrs. Ursula Kasperson, Executive Director Attest: Attest: City Clerk City of Elgin Good Shepherd Church Attn: City Clerk Attn.: Mrs. Ursula Kasperson, Executive Director 150 Dexter Court 1111 Van Street Elgin, Illinois 60120 Elgin, Illinois 60123 With a copy of any notice to: Mr. William A. Cogley, Esq. Mr. Richard L. Heimberg, Esq. Corporation Counsel Brady & Jensen, LLP City of Elgin-Legal Department 2425 Royal Boulevard 150 Dexter Court Elgin, Illinois 60123 Elgin, Illinois 60120 - RE/Good Shepherd/Water Agreement 6 a , . Exhibit A THAT PART OF SECTIONS 17 AND 18 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF MOELLER' S SUBDIVISION, A SUBDIVISION OF SAID SECTION 17, AND ALSO BEING A POINT IN THE CENTER LINE OF U. S. ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 4326. 96 FEET, AN ARC DISTANCE OF 296. 90 FEET; (THE CHORD OF THE LAST DESCRIBED CURVE BEARING NORTH 66 DEGREES, 19 MINUTES, 12 SECONDS WEST 269 . 86 FEET ) ; THENCE NORTH 64 DEGREES, 58 MINUTES, 36 SECONDS WEST ALONG SAID CENTER LINE, 170. 08 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 64 DEGREES, 58 MINUTES 36 SECONDS WEST ALONG SAID CENTER LINE, 577. 78 FEET TO THE CENTER LINE OF NESTLER ROAD; THENCE SOUTH 31 DEGREES, 41 MINUTES, 01 SECONDS WEST ALONG SAID CENTER LINE, 1121 . 36 FEET; THENCE SOUTH 64 DEGREES, 58 MINUTES, 36 SECONDS EAST 1218 . 07 FEET; THENCE NORTH 21 DEGREES, 24 MINUTES, 53 SECONDS EAST ALONG A LINE, IF EXTENDED, WOULD INTERSECT THE SOUTHWEST CORNER OF MOELLER' S SUBDIVISION AFORESAID, A DISTANCE OF 822.34 FEET TO A POINT 300 .0 FEET SOUTHWESTERLY OF SAID SOUTHWEST CORNER OF MOELLER' S SUBDIVISION (AS MEASURED ALONG SAID EXTENDED LINE) ; THENCE NORTH 67 DEGREES, 16 MINUTES, 47 SECONDS WEST 439 .48 FEET; THENCE NORTH 21 DEGREES, 27 MINUTES, 30 SECONDS EAST 311 . 34 FEET TO THE POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART OF U.S. ROUTE 20 DEDICATED FOR ROADWAY PURPOSES BY DOCUMENT NUMBERS 424677 AND 1363891 ) , IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS. Agenda Item No. U 1 City of Elgin I', E tit L I0 M, I Iro a 0 ! G z3 ✓ fill September 17, 2004 ' u 011 N1 TO: Mayor and Members of the City Council *tom ` ' r .' FINANCIALLY STABLE CITY GOVERNMENT EF F K IFN I SLFNK FS. AND OU UTY INFRASTRUCTURE FROM: David M. Dorgan, City Manager William A. Cogley, Corporation Counsel SUBJECT: Proposed Water Service Agreement with the Good Shepherd Evangelical Lutheran Church of Elgin PURPOSE The purpose of this memorandum is to submit to the Mayor and members of the City Council information regarding a proposed water service agreement with the Good Shepherd Evangelical Lutheran Church of Elgin. rRECOMMENDATION It is recommended that the City Council approve the proposed water service agreement with the Good Shepherd Evangelical Lutheran Church of Elgin. BACKGROUND The Good Shepherd Evangelical Lutheran Church of Elgin is the owner of the property commonly known as 11N601 Nesler Road. The Good Shepherd Church has recently built a new church building on such property. Such property is not currently located within the corporate limits of the city, but is adjacent and contiguous to the current city limits. The Good Shepherd Church has advised the city it is desirous of annexing its property into the corporate limits of the city and is in the process of preparing the necessary petition for annexation and the proposed annexation agreement. The Good Shepherd Church is requesting that the city enter into a water service agreement to allow for city water service to the church property until the annexation of the subject property is completed. The property adjacent to the church property to the east is within the corporate limits of the city. Such property is the Town and Country residential development. Town and Country has installed and constructed a water main which is stubbed to the eastern property line of the church property. •Proposed Water Service Agreement with Good Shepherd Evangelical Church September 16, 2004 Page 2 Attached is a proposed water service agreement between the city and the Good Shepherd Evangelical Lutheran Church. The terms of such proposed water service agreement may be summarized as follows: 1. The church would be granted permission to connect to the city water main located at the eastern boundary of the church property. Such connection to the city's water main would be required to be performed in conformance with all applicable city ordinances requirements and other applicable requirements of law and would be at the sole cost and expense of the church without any costs or expense to the city. Prior to the connection by the church to the city water main the church would be required to submit plans and specifications regarding such proposed connection to the city's water director for approval. Prior to such connection the church would also be required to pay all applicable charges and fees to the city and also pay any monies due pursuant to any outstanding recapture or reimbursement ordinances for the subject water main. 2. The city water service authorized in the water service agreement would be only for the subject property and would be subject to all applicable city ordinances and other regulations including those set forth in Title 14 of the Elgin Municipal Code. Water rates for the water service furnished by the city to the church would be as set forth in Title 14 of the Elgin Municipal Code and in particular Section 14.04.190 which provides for water rates for consumers outside the corporate limits of the city. Section 14.04.190 rob. provides a 75% surcharge for consumers outside the city. 3. The church would be required to, within 30 days of the date of the entry into the water service agreement, file with the city a petition for annexation requesting the annexation of the subject property into the corporate limits of the city. 4. The term of the water service agreement would be for a period of one (1) year. The agreement would automatically terminate upon the annexation of the subject property into the corporate limits of the city. Additionally, the city could terminate the water service agreement at any time upon thirty(30) days advance written notice to the church. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. INANCIAL IMPACT All costs regarding the proposed connection to the city's water main will be paid by the church. The city will receive water fees for all water service provided to the subject property pursuant to Title 14 of the Elgin Municipal Code. LEGAL IMPACT 1 None. - Proposed Water Service Agreement with Good Shepherd Evangelical Church September 16,2004 Page 3 r ALTERNATIVES 1. Approve the water service agreement. 2, Do not approve the water service agreement. Respectfully submitted for Council consideration. mg