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HomeMy WebLinkAbout94-103 Resolution No. 94-103 RESOLUTION AUTHORIZING EXECUTION OF A SETTLEMENT AGREEMENT WITH EDITH BRAMER AND MARY BRAMER 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 Settlement Agreement on behalf of the City of Elgin with Edith Bramer and Mary Bramer in connection with the water service line at 455 North Commonwealth Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: April 27 , 1994 Adopted: April 27 , 1994 Omnibus Vote : Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 1 May 11, 1994 MEMORANDUM TO: Loni Mecum, City Clerk FROM: Michael R. Gehrman, Assistant Corporation Counsel SUBJECT: Settlement Agreement with Bramers for 455 North Commonwealth Attached find an executed copy of the above agreement for your files . MRG mg Attachment • SETTLEMENT AGREEMENT This Settlement Agreement is made between the City of Elgin (hereafter "City" ) , and Edith and Mary Bramer (hereafter "the Homeowners" ) , homeowners at 455 North Commonwealth Avenue, Elgin, Illinois 60123 (hereafter "the Premises" ) , regarding the installation of a replacement water service line in conjunction with road work and improvements done by the City and its contractor (hereafter "Contractor" ) , Gerardi Sewer and Water Company, 4520 North Osage, Norridge, Illinois 60656, on or about April 27, 1993 . WITNESSETH: WHEREAS, the City of Elgin by and through its Contractor, Gerardi Sewer and Water Company, 4520 North Osage, Norridge, Illinois 60656 performed certain road improvements which led to the necessity of relocation of the water service line to the Premises at 455 North Commonwealth Avenue, Elgin, Illinois 60123, owned by Edith and Mary Bramer, on or about April 27 , 1993; NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS CONTAINED HEREIN, THE SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, IT IS HEREBY AGREED AS FOLLOWS: 1 . On June 1 of 1994, or the first working day thereafter, and again on June 1 of 1995, or the first working day thereafter, the City will perform the test known as a "Correlated Survey and Ultrasonic Testing" (otherwise known as a "Listening Test" ) in the presence of Mary Bramer or her representative, on the service line on the Premises between the street and the house to determine if any leaks exist in the aforementioned relocated water service line. Homeowners will grant reasonable access for that purpose, taking into account the special needs and restrictions of the Homeowners due to the advanced age of Mrs . Edith Bramer and the care needs of Ms . Mary Bramer due to confinement in a wheelchair; 2 . For the period of this Agreement, or as long as each test is performed as specified in paragraph 1 above, Homeowners will refrain from taking legal action against the City; provided, however, that should City fail or refuse to perform such tests as agreed within one ( 1) month of the scheduled date (intervening delays due to "Acts of God" or due to delays caused by the special needs and restrictions of the Homeowners, including postponement due to Mary Bramer' s inability to be present, as stated in paragraph 1 above, excepted) , Homeowners shall be entitled to enforce the requirement of such testing by petition upon proper notice to the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois . 3 . Should a leak be found during the test as specified in paragraph 1, if such leak is on the part of the relocated water service line or its connection to existing water service line which was repaired, altered or replaced by Contractor, the City shall repair or cause to be repaired the leak on the water service line which was relocated on or about April 27 , 1993 . 4 . Upon completion of the inspections specified in paragraph 1 above, and after the completion of all repairs which may become necessary pursuant to paragraph 3 above, Homeowners shall provide to the City a full release and waiver of any and all claims, suits, causes of action or other liability in connection with or arising out of such inspections or work, or work originally performed on or about April 27, 1993, except that such release shall not discharge or release the City from its normal, customary and usual obligations and responsibilities regarding provision of water service to the Homeowners, and repairs that might become necessary thereto in the usual course of time. This document is to be executed in counterparts, and either shall serve as an original . THE PARTIES have signed their full understanding and agreement to the entirety of the above Agreement and willingness to be bound thereby by signing below. CITY OF ELGIN By 1 • 1 Richard B. Helwig C City Manager Attest: City Clerk Date: /2'd� �� 7.(7 Edith Bramer 1 mil A Mary Br er Date: S /`,t Elmn \AI ( e) /�,� Of E�C� ��. Agenda Item No. , IA ' yJ�yl • April 5, 1994 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Water Main Replacement-455 Commonwealth Avenue PURPOSE To authorize execution of a proposed settlement agreement with Mary and Edith Bramer of 455 Commonwealth. BACKGROUND On March 24 , 1993, the City Council awarded the 1993 project titled "Water Main Replacement - Resurfacing Areas" to Gerardi Sewer and Water. On April 27, 1993, after installing the new water main and services, the Contractor began to disconnect the old main. Shortly thereafter, the resident (Bramer) at 455 Commonwealth indicated that she did not have water service. The resident ' s existing water service could not be located, which had resulted in the Contractor inadvertently missing and disconnecting the service. Gerardi Sewer and Water had already begun pavement restoration, and therefore decided to locate the new service at a location which had not been re- stored. With the resident' s verbal permission, Gerardi began to construct a new water service across the resident ' s proper- ty. Gerardi reconnected the water service from the water main to the resident ' s house. A leak had developed with the connec- tion and Gerardi replaced the coupling, making a proper con- nection. The new connection was inspected and was not leak- ing. The resident was not comfortable with the City' s inspec- tion and requested that a leak test be provided. It is not likely that the new connection will leak. Water Main Replacement - 455 Commonwealth Avenue April 5 , 1994 Page 2 FINANCIAL IMPACT Estimated Leak Testing Cost: $ 87 . 80 Estimated Water Service Repair Cost: $700 . 00 (only required if a leak is detected) LEGAL IMPACT The City will obtain a waiver and release from the 'resident against any and all potential liability arising out of the service connection. RECOMMENDATIONS The settlement agreement should be accepted. Rob t O. alm, Interim City Manager MRG/mg