98-51 Resolution No. 98-51
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
U. S. SHELTER GROUP, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby
authorized and directed to execute an agreement on behalf of
the City of Elgin with U.S . Shelter Group, Inc . for Phase II of
the Poplar Creek Interceptor Sewer, a copy of which is attached
hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 25, 1998
Adopted: February 25, 1998
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT, made and executed this ZSR day of February,
1998 , by and between U. S . Shelter Group, Inc . , 400 Park Boulevard
West, Itasca, Illinois 60143 . (hereafter referred to as the
"Developer" ) , and the City of Elgin, Illinois , a Municipal
Corporation, of the Counties of Kane and Cook, in the State of
Illinois (hereafter referred to as the "City" or "Elgin" ) .
WITNESSETH:
Whereas , Developer entered into an Agreement with District
on July 15, 1988, a copy of which is attached as Exhibit "A" ,
which provides for Developer to install Phase II of the Poplar
Creek Interceptor Sewer (hereinafter referred to as Phase II ) ;
and
Whereas, on October 1, 1990, the District transferred to the
City its authority over the sewer lines and the obligations of
Developer to District as set forth in the Intergovernmental
Agreement as Exhibit "B" ; and
Whereas, the City asked Developer not to install Phase II as
provided for in the Agreement; and
Whereas, all homes within the Country Trails Subdivision
have now been completed and Developer wishes to complete its
business and obligations under the Agreement; and
•
Whereas, the City plans to install Shales Parkway in the
same area as Phase II is scheduled to be installed; and
Whereas, the City staff and Developer have agreed that the
construction of Phase II is best achieved if included in the
City' s plan for extending Shales Parkway; and
Whereas, due to the City' s request that Developer delay the
construction of Phase II, certain items which were unnecessary in
1989 and 1990, but are necessary today, are not to be assessed
against Developer; such items include trench backfill, pavement
replacement and utility adjustments; and
Whereas , the City has estimated the value of the portion of
Phase II for which Developer is responsible to be Two Hundred
Sixty Thousand Dollars ( $260, 000 . 00) .
NOW THEREFORE, in consideration of the premises and the mutual
covenants and agreements herein contained, IT IS HEREBY AGREED AS
FOLLOWS :
ONE: Subject to the agreement set forth in Paragraph Two to
make a final adjustment upon completion of Phase II, the City' s
acceptance of the payment of Two Hundred Sixty Thousand Dollars
( $260, 000 . 00) , (the "Deposit" ) shall fully satisfy all
requirements of Developer to install Phase II as outlined in the
Agreement with District.
TWO: Upon the City' s completion of Phase II ,
(a) Developer will reimburse City for the additional funds
over the amount of Deposit to complete the portion of Phase II
attributable to Developer, provided, that completion of Phase II
occurs prior to 12/31/98;
(b) City will reimburse Developer any portion of the
Deposit not used to complete Developer' s portion of Phase II .
CITY OF ELGIN
BY: cyzi„.,a . �
U . SHE ' G 'i P, C.
BY: I '
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4 $AI:ITAf;1' L:STRIC1 Of ELGIN AGREEMENT i_ l - -
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8 THIS AGREEMENT, made and executed this 15 t Cv7 ck,="• /....;
9 day of aolkl , 1988, by and between: `,11.S,, allEER -
_:
10 INC. , 400 Park Boulevard West, Itasca, Illinois 60143,
11 (hereinafter referred to as the Developer) , and the SANITARY • - •
12 DISTRICT OF ELGIN, a municipal corporation of Kane and Cook
13 Counties, Illinois (hereinafter referred to as the
14 District) ,
15 WITNESSETH: .
16
17 WHEREAS, the Developer is the Contract Purchaser of the '
18 real estate described on Exhibit A (hereinafter referred to .
19 as the Real Estate) , and commonly called Country Trails, and
20 WHEREAS, the Developer desires to cooperate with the •
21 District in the construction of a sewer line known as the
22 Country Trails Interceptor, (hereinafter referred to as the
23 Interceptor) to facilitate the development of the Real
24 Estate ` and other parcels of real estate within the
25 District's jurisdiction. That portion of the Interceptor
26 beginning at Manhole #l6 of Poplar Creek Intercepting sewer
27 and ending at the intersection of Bode Road and proposed
28 Lovell Road, shall hereinafter be referred to as Phase I. • .
29 That portion of the Interceptor beginning at the ..
30 intersection of Bode Road and proposed Lovell Road and
•
31 ending at the north property line extended of proposed
32 Country•Trails subdivision, shall hereinafter be referred to .
33 as Phase II.
•
34 WHEREAS, the parties hereto desire to arrive at a
35 schedule for proceeding as rapidly as possible with the
36 construction of Phase I and the timely construction of Phase
37 II agree as follows:
38 1. Upon the execution of this agreement, the Developer - -
39 will deposit with the District $16, 600.00,• for Phase I and
40 $11,750.00 for Phase II for the cost of engineering design
.Xlit 1 1�
re. 1995 0654
41 (including soil investigation) , plans, specifications, cost
42 estimate and contract documents.
43 2. Upon awarding a contract for the construction of
44 Phase I and/or Phase II the Developer shall deposit with the •
45 District a Letter of Credit for the total contract amount
46 for such phase plus engineering and legal fees, if any, or
47 shall establish an Impound Account in the District's favor
48 in the aforesaid amount.
49 3. Any cost increase for the design, construction,
50 inspection, legal or other costs due to oversizing the
51 Interceptor that becomes necessary to serve areas other than
52 the Service Area described in Paragraph #7 shall be borne by
•
53 the District.
54 4. Since time is of the essence in the construction of •
55 Phase I of the Interceptor, the design and construction of
56 this phase shall proceed as rapidly as possible.
57 5. The construction of Phase II of the Interceptor
58 shall commence at the time of annexation to the District of
59 any property to be served by Phase II of the Interceptor or
60 the recordation of the plat of subdivision of the final unit
61 of the Country Trails development, whichever occurs first.
62 Developer shall have the right to construct Phase II prior
63 to these deadlines.
64 6. Developer shall have the right to review and
65 approve preliminary design, engineering plans and
66 specifications and bid documents. - •
67 7. The area to be served, lying within the District's
68 jurisdiction, is attached hereto as Exhibit B, (herein
69 after referred to as the Service Area) . A fact sheet,
70 dated June 28, 1988, attached hereto as Exhibit C, describes
71 the reimbursement areas (hereinafter referred to as the . .
72 Reimbursement Area) . The cost of the Interceptor Sewer
73 shall be spread over the Reimbursement Areas as hereinafter
74 described in Paragraph #8. •
75 8. The District and the Developer agree that the total
76 cost of the Interceptor should be ultimately shared by the
77 developers of all parcels of real estate within the
78 Reimbursement Area, as outlined by Exhibit C, and by any
79 area outside the Service Area, as delineated in Exhibit B,
80 that becomes tributary to Phase II. No change of the
81 acreage in the Reimbursement Area from Exhibit C or Service
82 Area from Exhibit B shall be made without the Developer's
83 approval until such time that the entire recapture amount
84 has been collected and paid to the Developer. Changes in
85 acreage may then be made at the District's discretion.
86 The District agrees that, as a condition precedent to
87 the provisions of sanitary sewer service to each of the
88 parcels of real estate within the Reimbursement Area, other
89 than the Real Estate, whether or not such sanitary sewer
90 service is by means of the Interceptor, the developer or
91 developers of each such parcel shall be required to deposit
92 with the District the prorata share of the Interceptor Cost, -
93 hereinafter defined, (hereinafter called the Prorata Share)
94 applicable to each such parcel.
95 The Prorata Share of each parcel of real estate within
96 the Reimbursement Area shall be computed by multiplying (a)
97 the cost of installation of the Interceptor including all
98 engineering, legal and other related costs (hereinafter
99 referred to as the Interceptor Cost) times (b) the
100 percentage of the area (acreage %) of the applicable parcel
101 within the Reimbursement Area, as set forth on Exhibit C.
102 The Interceptor Cost of each parcel of real estate
103 within the Reimbursement Area shall be the actual
104 installation cost increased at the rate of 10% per annum
105 computed from the date of the completion of the construction
106 contracts to the date of final payment to District by
107 developers of parcels within Reimbursement Area. The
108 District shall remit to the Developer, or its nominee, the
109 Prorata Share of each parcel of real estate within the
•
110 Reimbursement Area within twenty-five (25) days of the
111 deposit thereof with the District. The Developer shall be
112 reimbursed- first and the District shall not collect any
113 reimbursement until the Developer has collected all the
114 reimbursement due it.
115 9. The District agrees to make available to the •...
116 Developer periodic accountings of items of receipt and
117 disbursement in connection with the installation of Phase I
118 and Phase II of the Interceptor.
119 10. District represents and warrants that this
120 agreement is not currently in violation of any ordinance of
121 the District. If this Agreement is, at any time after the
122 date hereof, determined to be in violation of any ordinance
123 of the District, this Agreement shall, if possible, be
124 amended to comply with such violated ordinance. The
125 District and the Trustees shall have no responsibility or •
126 liability if this Agreement or any part thereof is set aside
127 by a Court of competent jurisdiction.
128 11. The Developer will obtain if needed an Illinois
129 Environmental Protection Agency permit for connection of the
130 Real Estate to the District for service.
131 12. The parties hereto agree that they shall execute a
132 short form Declaration of Interest, containing detail
133 sufficient to put on notice present and prospective owners
134 of each parcel of real estate within the Service Area, other
135 than the Real Estate, as to the terms and conditions of this
136 Agreement. Such Declaration of Interest shall be recorded
137 in the Office of the Recorder of Deeds of Cook County,
138 Illinois.
139 13. This agreement shall become null and void if a
140 certain Real Estate Sale Contract between U.S.Shelter,Inc. ,
141 an Illinois Corporation and Philips Development Company and
142 Valley Bank and Trust Company, South Elgin, Trustee under
143 Trust Agreement No. 0388 dated 3-4-88 is not executed and
144 said transaction not closed. Further, this agreement as to
145 Phase II of the Interceptor shall become null and void if
•
•
.
146 the Real Estate, described on Exhibit A (excepting therefrom •
147 that' portion lying south of Boae Ra. ) is not annexed to the
148 City of Elgin prior to July 31, 1988. In any event, the
149 engineering fees addressed in Paragraph One (1) shall not be
150 refundable to the Developer.
151 IN WITNESS WHEREOF, the parties have executed this
152 Agreement on the date hereof.
153
154
155 U.S. E . ER
156
157
15841111')/I. 0(
159 I 5 2rztcfpaW
160
161
162
163 •
164 .
165 •
166
167 SANITARY DISTRICT OF ELGIN
168 a municipal corporation of
169 Xane and Cook Counties,
170 Illinois
171 a 172 By
173 Its ?i`
174
175
176
177 -- • •
178
179 •
180 •
4 OFFICIAL SEAL
4 BARBARA M. HEISTEN .
NOTARY PUBLIC, STATE OF ILLINOIS?
4 My Commission Expires Aug.13,1990
•
EXHIBIT "A"
AREA NORTH OF BODE ROAD. •
THE NORTHWEST QI;. .TER OF SECTION 17, TOWNSHIP 41 NORTH RANGE •
•
9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART
THEREOF WHICH LIES WEST OF A LINE WHICH IS 40.00 FEET EAST •
OF AND PARALLEL TO THE EAST LINE OF THE 150 FOOT RIGHT-OF-
WAY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY DEED •
DATED MAY 14, 1928, AS DOCUMENT 10021928 IN HANOVER
TOWNSHIP, IN COOK COUNTY, ILLINOIS. •
SCICABRA PARCELS
PARCEL 1 •
THAT PART OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER
OF AFORESAID SECTION 17 AND RUNNING THENCE NORTH 87'-51'-25"
EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 768.01
FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 1' -10'-19"
EAST, 563.50 FEET; THENCE NORTH 88' -00'-20" EAST, 211. 15 . •
FEET; THENCE NORTH 48' . -59'-19" EAST 325.00 FEET, TO THE
WEST LINE OF THE COMMONWEALTH EDISON PROPERTY; THENCE NORTH
0'-00'-41" WEST, ALONG SAID WEST LINE, 315.00 FEET TO THE
NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 87'-51'-
25" WEST, ALONG SAID NORTH LINE OF THE SOUTHWEST QUARTER
413.15 FEET, MORE OR LESS TO THE POINT OF BEGINNING, ALL IN •
COOK COUNTY, ILLINOIS, EXCEPTING THEREFROM THE EASTERLY •
70.00 FEET AS MEASURED PERPENDICULAR TO THE EASTERLY LINE
THEREOF (AND CONTAINING 4 .53 ACRES) . •
PARCEL 2
THAT PART OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF •
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: •
COMMENCING AT THE NORTHWEST CORNER OF TIIE SOUTHWEST QUARTER
OF AFORESAID SECTION 17 AND RUNNING THENCE NORTH 87'-51'-25"
EAST, ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, 768.01
FEET; THENCE SOUTH 1'-10'-19" EAST 563.50 FEET, TO THE POINT -
OF BEGINNING; THENCE CONTINUING SOUTH 1'-10'-19" EAST,
300.00 FEET; THENCE NORTH 89'-16'-53" WEST, 181.08 FEET;
THENCE SOUTH 3'-01'-16" WEST, 514.00 FEET; THENCE SOUTH 86'-
58'-44" EAST, 190.00 FEET; THENCE NORTH 56'-O1'-16" EAST,
335.00 FEET; THENCE NORTH 16'--01'-16" EAST, 165.00 FEET;
THENCE NORTH 64'-08'-30" EAST 274.38 FEET, TO THE WEST LINE
OF THE COMMONWEALTH EDISON PROPERTY; THENCE NORTH 10'-00'-
41" WEST, ALONG SAID WEST LINE, 585.00 FEET; THENCE SOUTH
48'-59'-19" WEST, 325.60 FEET; THENCE SOUTH 88'-00'-20"
WEST, 211.15 FEET, MORE OR LESS, TO THE POINT OF BEGINNING,
ALL IN COOK COUNTY, ILLINOIS. EXCEPTING THEREFROM THE
EASTERLY 70.00 FEET AS MEASURED PERPENDICULAR TO THE • .
EASTERLY LINE THEREOF, (AND CONTAINING 9.14 ACRES) .
•
•
SCHRAMM PARCELS
LEGAL DESCRIPTION PARCEL 1:
THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER •
OF SAID SECTION 18; THENCE SOUTH 88' 30' WEST ALONG THE
•
NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 483.80
FEET TO THE WESTERLY LINE OF POPLAR CREEK DRIVE AS DEDICATED •
FOR THE PLACE OF BEGINNING; THENCE CONTINUING S 88 '30' W
ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 150.00 FEET
TO A POINT THAT IS 2039.60 FEET EAST OF THE NORTHWEST CORNER
OF SAID SOUTHEAST QUARTER; THENCE S 14'49' W (S 14'41'01 W
MEASURED) FOR A DISTANCE OF 1023.42 FEET (1025.85 FEET
MEASURED) ; THENCE N 88'31'45" E (N 88'45'00" E MEASURED) A
DISTANCE OF 356.32 FEET (352.83 FEET MEASURED) TO THE
WESTERLY LINE OF POPLAR CREEK DRIVE; THENCE N 26'39'15" E (N
26'39'15" E MEASURED) ALONG SAID WESTERLY LINE, A DISTANCE
OF 36.18 FEET (41.14 FEET MEASURED) ; THENCE NORTHEASTERLY
ALONG SAID WESTERLY LINE, BEING A CURVE TO THE LEFT HAVING A
RADIUS OF 538.19 FEET AND BEING TANGENT TO THE LAST
DESCRIBED COURSE, A DISTANCE OF 264 .46 FEET; THENCE N
01'30'00" W ALONG SAID WESTERLY LINE, BEING TANGENT TO THE •
LAST DESCRIBED CURVE, A DISTANCE OF 696.52 FEET TO THE PLACE •
OF BEGINNING, BEING SITUATED IN COOK COUNTY, ILLINOIS AND
CONTAINING 6.45 ACRES MORE OR LESS.
LEGAL DESCRIPTION PARCEL 2:
THAT PART OF SECTION 18, TOWNSHIP 41 NORTH RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SAID SECTION 18; THENCE S 88'30' W ALONG THE NORTH LINE
OF SAID SOUTHEAST QUARTER, A DISTANCE OF 423.80 FEET TO THE
EASTERLY LINE OF POPLAR DRIVE AS DEDICATED; THENCE S 01'30' •
E ALONG SAID EASTERLY LINE, A DISTANCE OF 696.52 FEET;
THENCE SOUTHERLY AND SOUTHEASTERLY ALONG SAID EASTERLY LINE,
BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 598. 19 FEET
AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE
OF 293.94 FEET; THENCE S 26'39'15" W ALONG SAID EASTERLY
LINE AND BEING TANGENT TO THE LAST DESCRIBED CURVE, A •
DISTANCE OF 4.11 FEET (9.37 FEET MEASURED) ; THENCE N
88'31'45" E (N 88'45'00" E MEASURED) . A DISTANCE OF 472.41
FEET (452.97 FEET MEASURED) TO THE EAST LINE OF SECTION 18
•
AFORESAID; THENCE N 00'04'10" W (N 1'09'53" E MEASURED)
ALONG SAID EAST LINE, A DISTANCE OF 982.85 FEET (990.08 FEET •
MEASURED) TO THE' PLACE OF BEGINNING. BEING SITUATED IN COOK
COUNTY, ILLINOIS AND CONTAINING 9.25 ACRES MORE OR LESS.
LEGAL DESCRIPTION PARCEL 3:
THAT PART OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN, BOUNDED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER •
OF SECTION 18 IN TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH
88 1/2 DEGREES WEST ALONG THE QUARTER SECTION LINE OF SAID • •
SECTION 18, A DISTANCE OF 11.97 CHAINS, MORE OR LESS, TO A
POINT 1891.6 FEET EAST OF THE NORTHWEST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 18, BEING THE EAST LINE OF
LAND FORMERLY OWNED BY PETER BURRITT; THENCE ALONG THE EAST
LINE OF SAID BURRITT TRACT SOUTH 14 1/4 DEGREES WEST 15.53
CHAINS; THENCE NORTH 88 1/2 DEGREES EAST AND PARALLEL WITH
THE QUARTER SECTION LINE OF SAID SECTION 18, A DISTANCE OF
15.86 CHAINS TO THE SECTION LINE BETWEEN SECTIONS 17 AND 18
FOR THE POINT OF BEGINNING OF THE LAND HEREIN DESCRIBED;
THENCE ON THE SAME COURSE NORTH 88 1/2 DEGREES EAST 5.84
CHAINS; THENCE SOUTH 3 1/4 DEGREES WEST 8.73 CHAINS TO THE •
. NORTH LINE OF THE LANDS FORMERLY BELONGING TO EDWARD C.
LOVELL ESTATE; THENCE ALONG THE NORTH LINE OF THE LOVELL • •
ESTATE LANDS, NORTH 64 1/2 DEGREES EAST 3.45 CHAINS; THENCE
NORTH 3 1/4 DEGREES EAST 9.60 CHAINS; THENCE EAST PARALLEL •
WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION
17, A DISTANCE OF 2.74 CHAINS; THENCE NORTH 13.08 CHAINS TO
THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17;
THENCE WEST ALONG THE NORTHLINE OF SAID SOUTHWEST QUARTER
11.58 CHAINS TO THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 17; THENCE SOUTH ALONG THE WEST LINE
OF THE SOUTHWEST QUARTER OF SAID SECTION 17 TO THE POINT OF •
BEGINNING, EXCEPTING THEREFROM THE EAST 185.47 FEET OF THE
WEST 271.55 FEET OF THE NORTH 235.00 FEET OF SAID SOUTHWEST
QUARTER OF SECTION 17, ALL IN COOK COUNTY, ILLINOIS.
•
LEGAL DESCRIPTION OF PARCEL 4:
THE EAST 185.47 FEET OF THE WEST 271.55 FEET OF THE NORTH
235.00 FEET OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP
41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK
COUNTY, ILLINOIS.
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—__ ( �\ ,. EXHIBIT B
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4 EXHIBIT C
PARCEL A
THAT PART OF THE WEST 1/2 OF THE VEST 1/2 OF SECTION 5, TOWNSHIP 41 NORTH, RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING VEST OF THE COMMONWEALTH EDISON RICHT-OF- VAT AND SOUTH
OF THE SOUTH RIGHT-OF-VAT LINE OF 111E ILLINOIS TOLL ROAD. AND THAT PART OF THE VEST 1/2 OF
111E NORTHWEST 1/4 OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, LTING VEST OF THE COMMONWEALTH EDISON RIGHT OF WAY, ALL IN COOK COUNTY, ILLINOIS.
CONTAINING 126.9 ACRES MORE OR LESS. 12.4.9A
2G.'I:'
PARCEL B '
THAT PART OF LOT 4 AND LOT 5 OF THE DIVISION OF SECTION 0, TOWNSHIP 41 NORTH, RANGE 9 EAST •
OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE CENTER LINE OF SHOE FACTORY ROAD, ALL IN
COOK CWNTT, ILLINOIS. CONTAINING 39.3 ACRES MORE OR LESS. Jn _1
•
R-1%
•
PARCEL C
LOIS 12, 13, 29 AND 30 OF BERNER ESTATES, BEING A SUBDIVISION OT PART OF THE VEST 1/2 OF
SECTION 8, TOWNSHIP 41 NORTH, RANGE 9 EAST OF TIIE THIRD PRINCIPAL MERIDIAN AND THE VEST 600
FEET OF THE NORTH 839.87 FEET OF IIIE SOUTHWEST 1/4-OF TIIE SWTIIIEST 1/4 OF SAID SECTION AND
THE EAST 300.4 FEET OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 Of SECTION 7, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF GOLF
ROAD (ILLINOIS ROUTE 50), ALL IN CWK CWHIT, ILLINOIS. CONTAINING 30.4 ACRES MORE OR •
LESS. 38.4A
7.9%
PARCEL D
THAT PART OF THE SWTH 1/2 OF THE WEST 1/2 OF THE SWTIIEAST 1/4 OF SECTION 0, TOWNSHIP 41
NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CENTERLINE OF GOLF .
RG') (ILLINOIS ROUTE 58), IN COOK CWNTT, ILLINOIS. CONTAINING 31.7 ACRES MORE OR LESS. 31.7A
6.5. -
PARCEL E
THAT PART OF LOT 19 OF THE CWNTT CLERKS DIVISION OF THE EAST 1/2 AHD THE SOUTHWEST 1/4 OF
SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF
THE COMMONWEALTH EDISON RIGHT-OF-WAY. IN COOK CWNTT, ILLINOIS. CONTAINING 12.2 ACRES
MORE OR LESS. - 12.2,1
2.5%
PARCEL F
THAT PART OF LOTS 19, 20 AND 21 OF THE COUNTY CLERK'S DIVISION OF THE EAST 1/2 AND THE
SOUTHWEST 1/4' OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST Of THE THIRD PRINCIPAL
MERIDIAN, LYING WEST OF THE COMMONWEALTH EDISON RIGHT-OF-WAY, ALL IN COOK COUNTY, ILLINOIS.
CONTAINING 53.0 ACRES MORE OR LESS. 53.0A
10.9% •
PARCEL 6
LOT 1 OF COUNTT CLERK'S DIVISION OF UNSUBIDVIDED LANDS IN THE SWTH 1/2 OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 9 EAST OF THIRD PRINCIPAL MERIDIAN AND LOT 22 OF CWNTT CLERK'S
DIVISION OF THE EAST 1/2 AND THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9
EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS. CONTAINING 38.7 ACRES 3v-7A
ItJRE OR LESS. 9.1E
PARCEL X
THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, EXCEPT THAT PART THEREOF WHICH LIES VEST OF LINE WHICH IS 40.00 FEET EAST OF ANO • •
PARALLEL TO THE EAST LINE OF THE 150 FOOT RICHT-OF-VAT CONVEYED TO THE COMMONWEALTH EDISON
COMPANY BY DEED DATED MAY 14, 1928, AS DOCUMENT 10021928 IN HANOVER TOWNSHIP, IN COOK " •
COUNTY, ILLINOIS. CONTAINING 82.0 ACRES MORE OR LESS. 82.0'1
16.9%
PARCEL 1
THAT PART OF LOT 1 OF THE ASSESSOR'S DIVISION OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST •
OF THE THIRD PRINCIPAL MERIDIAN LYING NORTH OF THE CENTER LINE OF SHOE FACTORY ROAD. AND
THAT PART OF LOT 1 Of THE ASSESSOR'S DIVISION OF SECTION 6 TOWNSHIP 41 NORTH, RANGE 9 EAST
OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF THE SOJTN RIGHT•OF-VAT LINE OF THE ILLINOIS
TOLL ROAD AND THAT PART OF LOTS 1 AND 2 OF L. CURCE FARM SUBDIVISION, BEING A SUBDIVISION
OF THE EAST HALF OF FRACTIONAL SECTION 6 AND THE NORTHEAST QUARTER OF TIIE FRACTIONAL
SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EASST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF
TME SOUTH RIGHT-OF-WAY LINE OF THE ILLINOIS TOLL ROAD, ALL IN COOK CWNTT, ILLINOIS.
CONTAINING 62.3 ACRES MORE OR LESS.
62.3A
•
12.8:
468.5A
• 100:
INTERGOVERNMENTAL AGREEMENT
WHEREAS, the Sanitary District of Elgin, a municipal corporation of Kane
and Cook Counties, Illinois, hereinafter referred to as the "District" and the City of
Elgin, a municipal corporation, Kane and Cook Counties, Illinois, and a home rule unit,
within the meaning of the Constitution of the State of Illinois, hereinafter referred to as
"City", are public agencies within the meaning of the Intergovernmental Cooperation
Act; and
WHEREAS, District and City are also units of local government within the
meaning of Section 10 of Article VII of the Constitution of the State of Illinois; and
WHEREAS, the District and the City are authorized to contract among them-
selves to obtain or share services or exercise combine or transfer any power or function,
in any manner not prohibited by law; and
WHEREAS, rapid actual and anticipated growth within and in the vicinity of
the boundaries of the District and the City has resulted in a demand for immediate and
substantial expansion of the treatment capacity of the District and the sanitary sewer
collection system for sanitary waste; and
WHEREAS, the District is without sufficient available revenue to adequately
meet the demand for expansion of the sanitary sewer collection system; and
• WHEREAS, the ownership, maintenance and operation of a sanitary sewer
collection system are matters within the government and affairs of the parties; and
WHEREAS, the District owns, maintains and operates a sanitary sewer collec-
tion system to collect sewage and transport said sewage to the District's plants through
sewer pipes of substantial diameter commonly referred to as interceptor sewers; and
WHEREAS, the parties hereto believe that it would be more efficient and
economical if that portion of the sanitary sewer collection system in the City of Elgin
were owned, maintained and operated by the City of Elgin..
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the District and the City ogree as follows:
I. Except as otherwise provided herein, the District shall convey and
transfer by appropriate instrument to City all rights in the collection system including
easements, licenses and the sanitary sewer collection system, including interceptor sewer
lines and extensions thereto located outside of the District's several treatment plants,
except the following:
(a) Thot interceptor sewer line extending northward from the North
Plant serving West Dundee.
(b) Those interceptor sewer lines extending generally southward from
the Main Plant serving South Elgin.
(c) That portion of the Bowes Rood interceptor sewer line and
appurtenances downstream from McLean Boulevard, hereinafter referred to as
BRIS 1.
2. Upon the transfer of the District's rights including easements, licenses
and the sanitary sewer collection system with the exceptions described above from the
District to the City, the City shall assume ownership thereof and shall maintain the same
as City property and thereafter City shall have the authority to cause necessary
extensions, replacements or paralleling of easements, licenses and lines to be mode as it
may determine necessary to serve future needs of the City and the District, provided,
however, that these units of local government will cooperate in such expansion so that
the District can maintain and enlarge its treatment capabilities and service any such
expansion. The District shall retain the joint right to use the said easements and licenses
from and after the date hereof.
3. The City shall cause the construction of future extensions and replace-
ment interceptor sewer lines which shall generally be in accordance with a development
plan to be adopted by the parties, and whenever necessary to allow the District the use
of easements and licenses hereby granted or hereinafter acquired. However no construc-
tion shall be delayed because the parties have not yet formulated an agreed development
plan. Prior to the adoption of a development plan by the parties, City may proceed with
construction of sewers at its own risk.
•
Each party shall, as soon as practicable, notify the other, in writing, of
any determination that improvements or new facilities are required for either the
sanitary sewer collection system or treatment system, or both.
4. The City shall permit connection to its sewer system, if requested by the
District, as a result of annexation of new territory to the District, subject to such condi-
tions and costs as may be determined by the City; connection shall be permitted in
service areas lying within incorporated cities and villages, but City shall not be required
to provide service to any area which is not within the corporate boundaries of any city or
village as of the date of this agreement, it being the City's intent not to provide service
to another city or village for an area which the City may desire to annex. The City
agrees to cooperate in the requests for facility planning area amendments which may be
required as a result of such circumstances.
5. The District shall own, maintain and operate the following lift stations
which are presently a part of the collection system:
Number Location
31 Lower Wellington Avenue
32 National Street
33 Dundee Avenue
34 Abbott Drive
36 Lyle Street
37 Gale Street
(The City's Gifford Rood station will be maintained by the District with all costs
reimbursed by the City).
The balance of the lift stations, together with any lift stations subsequently
added to the collection system shall be owned, maintained and operated by the City. Any
lift stations hereinafter constructed and connected to the collection system shall be
designed and built in accordance with District standards, including sufficient standby
electrical power which shall be capable of operating the lift station independently, in the
event of a power failure. "Minimum District Standards" shall be defined as then current
TEPA standards.
•
3
6. The District shall amend its schedule of annexation and connection fees
so as to produce sufficient revenues to allow and provide for construction of additional
treatment plant capacity.
7. The City shall establish a schedule of fees and charges necessary to
provide for the extension, expansion and maintenance of the collection system provided,
however, that this provision shall not prohibit the City from entering into preannexation
agreements whereby the City deems special contractual relationships to be beneficial
both to the overall system of the City and the District and to promote orderly growth of
the City and District.
8. The District ogrees to consent in writing and otherwise cooperate in
effecting any amendment to its facility planning area required to situate territory newly
annexed to the city in the District's facility planning area. The City shall act as peti-
tioner in such proceedings to amend or change the facility planning area.
9. The City shall reasonably minimize inflow and infiltration in the installa-
tion of sewers and shall continue its existing program of replacement or repair of
existing sewers so as to minimize inflow and infiltration. The City and the District shall
review all plans and specifications therefore, and the District shall have the reasonable
right to specify materials to be used.
10. The diversion structures along the Fox River which are connected to the
combined sewer system shall remain the property of the District and the responsibility
for NPDES permits shall continue to be the responsibility of the District. The City shall
retain ownership of the combined sewers including the pipe which discharges directly into
the Fox River from the diversion structures.
II. In addition to this Agreement and anything herein contained to the
contrary notwithstanding, the City and the District may enter into further intergovern-
mental agreements to cover specific projects wherein the details thereof may best be
covered by separate agreement. In addition to this agreement the City and the District
may undertake any joint projects covered by an appropriate intergovernmental agree-
4
ment whereby the total project costs (planning, design, construction, inspection,
administrative, legal and easement costs) are divided in accordance with the terms and
conditions of such project agreement.
12. The City shall not assume any obligations of the District under the
District's outstanding reimbursement agreements with third parties, and the District
shall be solely responsible for any such obligations.
13. The District shall be allowed free access to sewers, manholes and
structures owned by the City. The City shall be allowed free access to District sewer
structures for its sewer purposes.
14. The City and the District shall pass such necessary ordinances or resolu-
tions as are required to effect the terms of this agreement and as may be necessary to
comply with state and federal laws and regulations.
15. The City agrees that it will pay all costs (planning, design, construction,
inspection, administrative, legal and easement costs) to cause the construction of all
sanitary sewer collection system improvements needed to provide service to all
properties annexed to or served contractually by the City.
16. The City agrees that it will pay its shore for oversizing the Bowes Road
Interceptor BRIS 11 (McLean Boulevard to Randall Rood, e.g. 36" basic to 66" actual).
Such costs shall include planning, design, construction, inspection, administrative, legal
and easement costs. The District shall own BRIS land the City shall own BRIS II; upon •
payment to City of Elgin by South Elgin of its proportionate share of costs incurred,
South Elgin may use BRIS II.
17. The City shall be responsible for all costs of the interceptor from
McLean Boulevard to the District West Plant (BRIS I parallel) that will provide capacity
for the 66" interceptor not presently available for the existing 27" interceptor that runs
from McLean Boulevard to the West Plant BRIS I.
18. Subject to the approval of state and federal agencies which have funded
its purchase, the City agrees that it will transfer without cost to the District, ownership
5
of certain properties that it owns or may acquire adjacent to the District's North Plant
(See Exhibit A) so that the North Plant treatment capacity can be increased to treat the
sewage generated by the annexations of property to the City and the District.
19. The City agrees to cooperate and assist the District in so designing and
locating additional treatment facilities upon such property as City may convey, as
provided in the preceding paragraph, so that District's proposed use meets the standards
for reclassification, if necessary, or special use approval, if necessary, under City's
zoning ordinance.
20. The City agrees that all properties annexing to the City shall be required
to annex to the District at the time they annex to the City and the District agrees that
all properties annexing to the District shall be required to annex to the City or Village of
South Elgin at the time they annex to the District, except those areas as may be served
by the District as described in paragraph 4.
21. All sanitary sewer construction shall be provided with full time resident
inspection by an inspector approved by the District; such approval shall not be unreason-
ably withheld.
22. As built drawings of all sanitary sewer work shall be delivered to the
District thirty (30) days after the sewer is accepted by the City. District shall permit
copies of all such as built drawings of the existing collection system as it may possess to
be examined by City.
23. All sanitary sewers will be required to pass a.4 pressure air test or
SDS. ea
,
such other test as may be required by :}n. ,�/ / %C . -
24. All properties which are annexed to the City or are served contractually
by the City shall be required to install storm sewers and all new structures shall be
required to be equipped with sumps and sump pumps which may not be connected to the
sanitary sewer a'nyQA •� �• ` 1 ! ` �
XV-4 -2) f z2!b�- .L3 / - /-
25. All contract u s shall be re fir-: •to install a sampling manhole, an
approved sampler and on approved flow measuring device on the sewer serving their
6
cs
•
properties to monitor and measure all flows discharged to the District for treatment.
The District shall bill the City for sewage treatment extended to contract users of the
City. Flow measuring devices shall be calibrated at least once every six months.
26. The City shall continue to own and operate the combined sewer system
and the City and the District shall seek to eliminate existing combined sewers, whenever
practicable.
27. The Village of West Dundee shall not be allowed to connect to the North-
west Interceptor sewer system wtihout approval of the parties.
28. The District shall '_.e reimbursed by the City of Elgin for the funds the
District expended in regard to the construction of Phase II of the Northwest Interceptor
sewer, in the sum of $658,887, with payments made at the rate of fifty percent (50%) of
City development contributions actually received for the Northwest Interceptor.
Date: September , 1990 SANITARY DISTRICT OF ELGIN, a •
municipal corporation
By ; G
President, Board of Tru tees
Attest:
Colioard of Trustees
CITY OF EL N, a municipal corporation
By .�-� �� L�✓ 'G ��
Mayor
Attest:
•
City Clerk
•
7
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0 CSTY OYYNeto PkopEtTy
K,(OF Et
05""Ns' " Agenda Item No.
9t ; — City of Elgin
_ ^5
January 16, 1998
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Development Contribution for Poplar Creek
Interceptor Sewer
PURPOSE
The purpose of the memorandum is to provide the Mayor and
members of the City Council with information to consider the
acceptance of funds in lieu of construction of the subject
sanitary sewer.
BACKGROUND
U.S . Shelter, a local developer, entered into an agreement
with the Sanitary District of Elgin (SDE) (now known as Fox
River Water Reclamation District) in July of 1988 governing
the construction of the Poplar Creek Interceptor Sewer. This
agreement, attached as Exhibit A, specified that U. S. Shelter
would construct the Poplar Creek Interceptor Sewer in two
phases (please see map enclosed in Exhibit A) . U. S . Shelter
completed the first phase in 1989 . In 1990, the City of Elgin
took over jurisdiction of interceptors within Elgin, including
the Poplar Creek Interceptor Sewer. The jurisdictional trans-
fer of interceptors included the transfer of any outstanding
agreements .
The U.S. Shelter/SDE agreement required U. S . Shelter to
construct the phase two portion prior to the City' s approval
of the final plat of Country Trails Unit 3 . Shortly after
completing phase one of the interceptor, U.S . Shelter was
asked by the City to put a hold on phase two. The City' s
request was based on the possibility of additional lands
annexing to Elgin requiring the expansion of this intercep-
tor' s service area. The said lands were subsequently annexed
to Hoffman Estates, thus eliminating the need to expand the
service area. Since it would be unreasonable to hold up the
Country Trails Subdivision due to the City' s possible expan-
sion plans, the City allowed Country Trails Unit 3 to proceed
without the completion of phase two.
Poplar Creek Interceptor Sewer (Shales Parkway)
January 16, 1998
Page 2
The City is preparing to construct the portion of Shales Park-
way between Longford Drive and Bode Road. The Poplar Creek
Interceptor Sewer was designed by U. S . Shelter to be located
in Shales Parkway right-of-way. The City and U. S . Shelter
have agreed that the construction of the interceptor sewer is
best achieved if included with the Shales Parkway construction
project . The final Shales Parkway plans do include the inter-
ceptor sewer and a cost estimate has been prepared for the
sewer. Due to tax reasons, U.S . Shelter would like to prepay
the City the necessary funds to construct this portion of the
Poplar Creek Interceptor Sewer based on the preliminary
estimate. Typically, developers reimburse the City after the
improvement is complete. U. S . Shelter' s agreement to prepay
their share of the Poplar Creek Interceptor Sewer is attached
as Exhibit B.
The extension of the Poplar Creek Interceptor Sewer is neces-
sary to serve undeveloped lands east of Cobbler' s Crossing,
south of the Tollway and north of Summit Street .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Mr. Jack Sorenson, President of U. S. Shelter Group, Inc.
FINANCIAL IMPACT
The estimate to construct the Poplar Creek Interceptor Sewer
Phase 2 is $330, 000 . U. S . Shelter' s share of the project,
defined by their SDE agreement, is $260, 000 . Once completed,
U. S . Shelter will be reimbursed any unused funds or they will
reimburse the City if additional funds are needed. U. S .
Shelter will submit a check for $260, 000 upon execution of the
attached agreement.
Because construction of the sewer is now being planned as part
of the roadway project, more stringent backfill and compaction
requirements exist . These requirements were not applicable
when U.S . Shelter would have initially constructed this sewer.
Therefore, these additional costs ($70, 000) will be the
responsibility of the City.
The 1998 budget includes $330, 000 for the total construction
of the sewer to Summit Street as well as the $260, 000 reim-
bursement from U. S . Shelter. The City' s $70, 000
($330, 000-$260, 000) portion of the construction is included as
part of the 1998 bond sale scheduled for March, 1998 .
LEGAL IMPACT
None.
ALTERNATIVES
None .
Poplar Creek Interceptor Sewer (Shales Parkway)
January 16, 1998
Page 3
RECOMMENDATION
It is recommended that the City Council authorize the execu-
tion of the agreement with U. S . Shelter for a $260, 000 payment
for phase two of the Poplar Creek Interceptor Sewer, accept
the prepayment of $260, 000 and direct staff to place these
funds in an account to be used to fund the interceptor sewer
portion of the Shales Parkway construction project.
Respectfully submitted,
David L. Lawry, rEjOi.
Director of Publ s
Joe Parker
City Manager
JE/do
Attachments
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