Loading...
99-218 Resolution No. 99-218 RESOLUTION AUTHORIZING EXECUTION OF A SANITARY SEWER LATERAL CONSTRUCTION AND REIMBURSEMENT AGREEMENT WITH CWM REAL ESTATE, L. P. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Sanitary Sewer Lateral Construction and Reimbursement Agreement on behalf of the City of Elgin with CWM Real Estate, L. P. for the design and construction of a sanitary sewer lateral along Big Timber Road, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 11, 1999 Adopted: August 11, 1999 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SANITARY SEWER LATERAL CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Sanitary Sewer Lateral Construction and Reimbursement Agreement ("Agreement") is made this / Js. day of/ vG' 1999, between the City of Elgin, an Illinois municipal corporation, of the Counties of Cook and Kane ("City"), and CWM Real Estate, L.P., an Illinois limited partnership ("Owner"). RECITALS WHEREAS, the Owner is the owner of record of the real property described in Exhibit A attached hereto and by this reference incorporated herein ("Subject Property"); and WHEREAS, the City, the Owner and the Owner's predecessor in title to the Subject Property entered into an annexation agreement, dated as of November 4, 1998, as amended from time to time ("Annexation Agreement"), relating to the annexation of the Subject Property to the City; and WHEREAS, pursuant to an ordinance passed by the Mayor and City Council of the City ("Corporate Authorities"), dated April 14, 1999, Phase One (as defined in the Annexation Agreement) of the Subject Property has been annexed to the City; and WHEREAS, pursuant to the Annexation Agreement, the City agreed to construct, at no expense to the Owner, except as provided in the Annexation Agreement, Phase V and Phase VI of the Tyler Creek Interceptor Sewer ("Tyler Interceptor") in accordance with the sewer routing plan attached hereto as Exhibit B and by this reference incorporated herein, with the terminus of Phase VI ("Phase VI Terminus") of the Tyler Interceptor adjacent to Big Timber Road ("Big Timber") at the point designated on Exhibit B; and WHEREAS, pursuant to the Annexation Agreement, the City agreed to allow the Owner, at the Owner's sole cost and expense, to construct sanitary sewer facilities ("Lateral") extending from the Phase VI Terminus to the intersection of Big Timber and the proposed Madeline Lane ("Madeline") as depicted in the Preliminary Plan (as defined in the Annexation Agreement) in such easements as are obtained by the Owner or, if such easements are not attainable by the Owner, easements obtained by the City pursuant to eminent domain action; and WHEREAS, the City and the Owner agree that, notwithstanding the terms and provisions of the Annexation Agreement, the City shall design, engineer and construct the Lateral in easements obtained by the City ("Lateral Easements"), including, without limitation, the Schick Easement (as hereinafter defined) and the CWM Easement (as hereinafter defined), and the Owner shall, subject to the terms of this Agreement, reimburse the City for all such costs of design, engineering, construction and related costs, including the cost, if any, of obtaining the Lateral Easements. NOW THEREFORE, in consideration of the foregoing recitals, which, by this reference, are incorporated herein, the mutual covenants herein contained, and other good and valuable 5238537v9 consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Construction of Phases V and VI of the Tyler Interceptor A. The City shall, at its sole cost and expense, construct or cause to be constructed Phases V and VI of the Tyler Interceptor pursuant to the terms of the Annexation Agreement. B. The City represents and warrants that: (1) Phases I, II, III and IV of the Tyler Interceptor have been completed; (2) upon the completion of Phases V and VI, the Tyler Interceptor will be fully operational and prepared to provide sufficient carrying capacity to accommodate the requirements of the Lateral and the Subject Property Sanitary Sewer Facilities; and (3) the Phase VI Terminus shall be located adjacent to Big Timber at the point designated in Exhibit B, and shall be of sufficient depth to provide sanitary sewer service to the Subject Property. 2. Construction of the Lateral A. The City shall promptly begin and diligently pursue to completion the design, engineering, bidding and construction of the Lateral subject to the Owner's approval and deposit of the Design and Engineering Reimbursement (as hereinafter defined) and the Construction Reimbursement (as hereinafter defined) in accordance with the terms of this Agreement. The Owner shall have the right, upon written notice to the City, to design, engineer and construct the Lateral itself, in accordance with Paragraph ELEVEN of the Annexation Agreement, upon the occurrence of any of the following events: i. subject to the Owner's deposit of the Design and Engineering Reimbursement, the City fails to promptly enter into an agreement for the design and engineering of the Lateral; ii. upon completion of the design and engineering of the Lateral, the City fails to promptly put the construction of the Lateral out to bid; or iii. subject to the Owner's deposit of the Construction Reimbursement, the City fails to promptly enter into an agreement for the construction of the Lateral. 5238537v9 In the event that the Owner exercises its right to design, engineer and construct the Lateral itself in accordance with the preceding sentence, all of the provisions contained in this Agreement relating to the design, engineering and construction of the Lateral shall be deemed null and void and of no further force or effect; provided, however, that all remaining provisions of this Agreement shall remain in full force and effect. B. The Lateral shall be designed and engineered by Baxter& Woodman, Inc., an Illinois corporation, consulting engineers ("Baxter & Woodman"), pursuant to an agreement between the City and Baxter & Woodman ("B & W Agreement"), dated March 27, 1997, as amended September 2, 1997, March 20, 1998, August 31, 1998, as hereafter amended, whereby Baxter & Woodman was engaged by the City to perform certain professional services in connection with the preparation of plans, specifications, estimates of cost, and construction-related engineering services for Phases V and VI of the Tyler Interceptor and the Lateral. The Owner agrees to reimburse the City for the cost of designing and engineering the Lateral (the "Design and Engineering Reimbursement"). Costs and expenses which may be included in the Design and Engineering Reimbursement are as follows: (1) fees payable to Baxter & Woodman for preliminary and final design documents and assistance during bidding not to exceed $10,000; (2) fees payable to sub-consultants for geotechnical and soils investigations, wet land delineation and consultation, registered land surveyor and sub-surface investigator not to exceed $4,000; and (3) justified design, engineering and subconsultant fees in excess of the maximums set forth in Subsections (1) and (2) above; provided, however, that if such excess charges total $20,000.00 or more, the City shall consult with the Owner prior to approving such excess charges. Within ten (10) business days following the execution of this Agreement, the Owner shall deposit the sum of$14,000, being the agreed estimate for the Design and Engineering Reimbursement, with the City. The City shall deposit such funds, and any additional funds paid to the City by the Owner as and for the Design and Engineering Reimbursement, in the City's project account for Phase VI of the Tyler Interceptor. The deposit of$14,000 with the City shall not relieve the Owner of its obligation to pay to the City the full amount of the Design and Engineering Reimbursement. C. The Lateral shall connect to the Phase VI Terminus and extend eastward along the South side of Big Timber in an easement across private property ("Schick Easement"), then continue North across Big Timber to an easement across the Subject Property ("CWM Easement") to a point in Madeline just North 5238537v9 of the intersection of Madeline and Big Timber, all as depicted in the drawing attached hereto as Exhibit C and by this reference incorporated herein. The Schick Easement shall be acquired by the City pursuant to the letter agreement attached hereto as Exhibit D and by this reference incorporated herein, without any cost to Owner except such tenant farmer reimbursements, if any, as are related to the construction of the Lateral and required pursuant to Exhibit D. The said tenant farmer reimbursements shall be included in the Construction Reimbursement. The Owner hereby agrees to grant the CWM Easement to the City, without cost to the City, which easement shall be in form and substance acceptable to the City and the Owner. D. The Lateral shall be designed and engineered to provide carrying capacity sufficient to accommodate the Subject Property and any additional areas which the City intends to be serviced by the Lateral and the Subject Property Sanitary Sewer Facilities. E. The City will be utilizing the services of Baxter & Woodman for the design and engineering of the Lateral. The City will provide Gary A. Wiss Incorporated ("Owner's Consultant") with copies of the preliminary design and engineering plans and specifications in order to permit the Owner's Consultant to provide the City and Baxter & Woodman with comments. In addition, the City shall coordinate with Baxter & Woodman and with the Owner's Consultant, the specifications for the work of the sub-consultants described in subparagraph 2B in order to alleviate duplication of such efforts by similar consultants retained by the Owner's Consultant. In this connection, the City shall make available to the Owner's Consultant all of the work product of Baxter & Woodman's sub- consultants. F. The City intends to cause the design and engineering of the Lateral to be completed in sufficient time to permit such work to be put out to bid with the work related to Phase VI of the Tyler Interceptor. The City shall promptly provide the Owner with copies of all budgets prepared in connection with the design, engineering and construction of the Lateral. Any budget for the construction of the Lateral agreed to in writing by the Owner and the City is hereinafter referred to as the "Lateral Construction Budget". In the event that the City puts Phase VI of the Tyler Interceptor and the Lateral out to bid as one project, the City shall ensure that the bids are prepared in such a manner as to permit the City to easily identify those costs allocable to the Lateral. Upon receipt of a bid for the Lateral, the City shall provide notice thereof to the Owner. Unless the City receives written consent from the Owner to accept such bid and a check from the Owner in the amount of such bid within fourteen (14) days of the notice from the City to the Owner, the City shall reject that portion of the bid allocable to the Lateral. In such event, the Owner shall have the right to cause the construction of the Lateral pursuant to paragraph ELEVEN of the Annexation Agreement; provided, however, that the Owner shall reimburse the City for amounts paid by the City to Baxter& Woodman for design, engineering and other work directly applicable to the Lateral. In such event, all of the provisions 5238537v9 contained in this Agreement relating to the design, engineering and construction of the Lateral shall be deemed null and void and of no further force or effect; provided, however, that all remaining provisions of this Agreement shall remain in full force and effect. G. The Owner agrees to reimburse the City for the cost of constructing the Lateral and other related costs as hereinafter provided (the "Construction Reimbursement"). Costs and expenses which may be included in the Construction Reimbursement are as follows: (1) fees for field construction phase services of Baxter & Woodman in an amount not to exceed $18,400, together with justified field construction phase fees in excess of $18,400; provided, however, that if such excess charges total $20,000.00 or more, the City shall consult with the Owner prior to approving such excess charges; (2) the contract sum paid to a general contractor, pursuant to a public contract, awarded after public bid, for the construction of the Lateral, which sum shall not exceed the amount of the bid consented to by the Owner pursuant to Section 2F above or such other amount as shall be agreed in writing by the Owner; (3) all permit fees required in connection with the construction of the Lateral by the City; and (4) costs and expenses provided for in contract change orders approved by the City where such change orders are reasonably necessary for the design and construction of the Lateral; provided, however, that the City shall provide copies of all such change orders to the Owner not later than twenty-four hours after the City's approval of the same; and (5) such other costs and expenses incurred by the City in connection with the construction of the Lateral. Costs and expenses which may not be included in the Construction Reimbursement are: (1) costs related to the Schick Easement other than costs for reimbursements to tenant farmers, if any, related to the construction of the Lateral; and (2) direct costs of the City, including costs of City employees, machinery or equipment. 5238537v9 The City shall deposit funds paid to the City as and for the Construction Reimbursement in the City's project account for Phase VI of the Tyler Interceptor. 3. Miscellaneous Provisions A. Notice. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be (i) personally delivered, (ii) delivered by a reputable overnight courier, or (iii) delivered by certified mail, return receipt requested, and deposited in the U.S. Mail, postage prepaid. Unless otherwise expressly provided in this Agreement, notices shall be deemed received upon the earlier of (x) actual receipt; (y) one (1) business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (z) three (3) business days following deposit in the U.S. Mail, as evidenced by a return receipt. Notices and communications to City shall be addressed to, and delivered at, the following address: City Engineer City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 with a copy to: Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 Notices and communications to Owner shall be addressed to, and delivered at, the following address: CWM Real Estate, L.P. c/o Chicago White Metal Casting, Inc. Route 83 and Fairway Drive Bensenville, Illinois 60106 Attention: Walter G. Treiber, Jr. with a copy to: Holleb & Coff 55 E. Monroe Street Suite 4100 Chicago, Illinois 60603 Attention: Robert H. Gerstein 5238537v9 • By notice complying with the requirements of this Section, each party shall have the right to change the address or the addressee, or both, for all future notices and communications to such party, but no notice of a change of addressee or address shall be effective until actually received. B. Time of the Essence. Time is of the essence in the performance of all terms and provisions of this Agreement. C. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies and benefits allowed by law. D. Non-Waiver. Neither party shall be under any obligation to exercise any of the rights granted to it in this Agreement except as it shall determine to be in its best interest from time to time. The failure of a party to exercise at any time any such right shall not be deemed or construed a waiver thereof, nor shall such failure void or affect such party's right to enforce such right or any other right. E. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. F. Severability. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, such holding shall not affect the validity or enforceability of the remainder of this Agreement. G. Entire Agreement. Except for the Annexation Agreement, this Agreement shall constitute the entire agreement of the parties to this Agreement; except for the Annexation Agreement, all prior agreements between the parties, whether written or oral, are merged in this Agreement and shall be of no force and effect. In the event of a conflict between the Annexation Agreement and this Agreement, this Agreement shall control. H. Interpretation. This Agreement shall be construed without regard to the identity of the party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. I. Headings. The headings, titles, and captions in this Agreement have been inserted only for convenience and in no way define, limit, extend, or describe the scope or intent of this Agreement. 5238537v9 J. Exhibits. Exhibits A through D attached hereto are, by this reference, incorporated in and made a part of this Agreement. In the event of a conflict between an exhibit and the text of this Agreement, the text of this Agreement shall control. K. Amendments and Modifications. No modification, addition, deletion, revision, alteration, or other change to this Agreement shall be effective unless and until such change is reduced to writing and executed by all parties to this Agreement. L. No Third Party Beneficiaries. No claim as a third party beneficiary under this Agreement by any person, firm or corporation shall be made, or be valid, against either party hereto. M. No Warranties or Guarantees. Notwithstanding anything to the contrary provided in this Agreement, it is agreed and understood that the City is not providing any express or implied warranties or guarantees with respect to the design or construction of the Lateral. The City shall assign to the Owner any such guarantees or warranties from Baxter & Woodman and/or the contractor constructing the Lateral. IN WITNESS WHEREOF, the parties have hereunto set their hands on the date first above written. ATTEST: AiTY OF ELGIN Ulf. City Clerk f� Ml ager C M REAL ESTATE, '. f! By: -` Its: r1.._ 5238537v9 Exhibit List Exhibit A Legal Description of the Subject Property Exhibit B Sewer Routing Plan Exhibit C Lateral Preliminary Plan Exhibit D Letter Agreement 5238537v9 EXHIBIT A SUBJECT PRCPERTY LEGAL DESCRIPTION THE SOUTH 1/2 CF THE NORTHWEST 1/4 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER CF SAID NORTHWEST 1/4: THENCE WEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 2166. 70 FEET FOR THE POINT OF BEGINNING: THENCE NEST ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4. 484. 30 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST 1/4: THENCE NORTH ALONG THE WEST LINE OF SAID NORTHWEST 1/4. 647. 87 FEET: THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 87 DEGREES 43 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 473. 17 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 91 DEGREES 23 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 647. 53 FEET TO THE POINT OF BEGINNING) ANO THE EAST 1/2 OF THE SOUTHWEST 1/4 LYING NORTHERLY OF THE CENTER LINE CF BIG TIMBER ROAD (EXCEPT THAT PART LYING WITHIN THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHWEST CORNER CF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31: THENCE EAST ALONG THE NORTH LINE CF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4. 352. 9 FEET TO AN OLD FENCE LINE: THENCE SOUTHWESTERLY ALONG THE SAID OLD FENCE LINE FORMING AN ANGLE OF 74 CEGREES. 37 MINUTES. CO SECONDS FROM WEST TO SOUTH WITH THE LAST DESCRIBED LINE 253. 6 FEET, TO THE NORTHEASTERLY CORNER OF A TRACT OF LAND RECORDED OCTOBER 23. 1963 AS OCCUMENT 1011395: THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE CF SAID TRACT AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE 100. 0 FEET: THENCE SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID TRACT OF LAND. AT RIGHT ANGLES WITH THE LAST CESCRIBEO LINE. 236. 68 FEET TO THE CENTER LINE OF BIG TIMBER ROAD (AS PRESENTLY CEDICATED AND CONSTRUCTED): THENCE NORTHWESTERLY ALONG THE SAID CENTER LINE CF BIG TIMBER ROAD. 386. 97 FEET: THENCE NORTH PARALLEL WITH THE EAST LINE CF THE SOUTHWEST 1/4 OF SAID SECTION 31. 498. 86 FEE T; • THENCE EAST PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 31 200. 0 FEET TO A POINT ON THE SAID EAST LINE OF THE SOUTHWEST 1/4 CF SECTION 31 THAT IS 255. 29 FEET NORTH (AS MEASURED ON SAID EAST LINE) FROM THE POINT OF BEGINNING: THENCE SOUTH ALONG SAID EAST LINE 255. 29 FEET TO THE POINT OF BEGINNING). ALL IN SECTION 31. TOWNSHIP 42 NORTH. RANGE 8. EAST OF THE THIRD PRINCIPAL MERICIAN. IN THE TOWNSHIP OF DUNDEE. KANE COUNTY. ILLINOIS. Exhibit B Sewer Routing Plan [To be provided by City] 5238537v9 EXHIBITS-DWG 13-JUL-99 15:05 BY:COW (14.01; COPYRIGHT 0 1999, BY BAXTER & WOODMAN. INC. o STATE OF ILLINOIS - P9OIESSIOJIAL DESIGN FIRM LICEHiE N0. - 184-001121 - EXP1FES •/30,/2001 r ,. • • ao t m 3 A SCALE: 11 - .00• o m 0 Da -------- Co ` r v, Cil � � 1 , o,p - ' I it vi 4 j I�i� o P � � , ' I, _ _ _ _ TWO RIVERS COUNCIL, IACORPORATEO Q3' 80'f SCOUS OF AMERICA i -'-/---:---------------------- _ ` I CSO i /� 1 PE[i�Ga1lINT EtSi]AENT o v //• �^ II I •- - - - - - --T- - • L7yi ( // /- i c; j I r I/i ta !l Jd il iEUPO?ARY EASE1AENi_ _ ..- - NICOR GAS COMPANY i/ I Ii SCHICK PROPERTT' / //if • INDUSTRIAL / DEVELOPEIAENT / / :NTER NATIONAL i / 1 / // H DESIGNED BY SCAIF sAxrEn grip gaster Y'oodmmc LDH AS NOTED costa tok.• rlinois EXHIBIT B DRAWN BY PROJECT O. Buriinat rues COW 980090 4111116 4 TYLER CREEK INTERCEPTOR SEWER - PHASE VI ' CHEC<ED BY SHEET NO. • o W00okaiVOak ?areit, rain= ,j' SEWER ROUTING PLAN 7_13_99 1 OF 1 Exhibit C Lateral Preliminary Plan [To be provided by City] 5238537v9 EY.HTRTTS DWG 13-JUL-99 15:05 Y:nVi (14.01) COPYRIGHT 0 19?9, BY BAXTER t WOODMAN. INC. , o STAlE Of ILLNOIS - PROFSSIONAL DESIGN =IRM LICENSE HO. - 1B4-Q01121 - EXPIRES 4/33/2C01 r • • <o •m ' ' o m SCALE: 1" = COO' ro co ,57W900 \ CHICAGO WHITE METAL PROPER-TY 1 ~ en t 1 v1 uI y` O r-T=MFORARY EASEMENT TIMBERen BIG iitaiip c) �',— are — — '�� \ o FERMAN=NT EASEIdEN- 441111'..4" --------- --..4 . .,„. _..._. �__ - 1 p. FUTURE ROAD to FUTURE KANE \.......____----,.. __`� `` COUNTY N.O,Y�, r---FUTUREKANE o COUNTY R.D.W d SC-tICK ,�� PROPERTY ��` 3-7W661 ) DESTINED BY SCALE aAx = eA j LDH ASNO1ED 1 Baxter & Wocdvnx�r � EXHIBIT C DRAWNBY PROJECT NO. CO Crystal Laky, Rlinris CDW 98D040 • Cr tet >!v LATERAL PRELIMINARY PLANS 0-IECKED BY SHEET NO. WOODMAN vox Far:ss, rli., • Cenvfttnp 8ngia<en CHICAGO WHITE METAL S D 99 1 OF 1 N • Exhibit D November 13, 1993 Paul Diamond, Esq. ' Holleb & Coff E. Monroe St., Ste 4100 Chicago, IL 60603 Re: Chicago White Metal Casting, Inc./ Acquisition of Certain Real Property in Elgin, Illinois (the "Property") pursuant to Contract for Purchase and Sale of Real Estate dated august 27, 1997, as amended (the "Contract") Your File No. 12-609CH-059AN ACKNO`VLEDGEMEN"T The undersigned, being all of the beneficiaries of American National Bank and Trust as Successor Trustee to NBD f/kla First National Bank of Elgin Trust#2664 and#2665 (hereinafter collectively known as "the Trusts"), hereby acknowledge, agree and confirm that: 1. They will fully cooperate with Purchaser and shall participate in the annexation of all of Big Timber Road to the City of Elgin to the extent owned by the Trusts; 2. They will direct the Trusts to grant to the Purchaser, for the.benefit of the Property, • and to the City of Elgin any and all easements necessary for the construction, installation, use and permanent location of Phase VI of the Tyler Creek Interceptor Sewer and the extension of the sanitary sewer facilities and improvements from the terminus of Phase VI to the Property across, over, on, through and under certain real property owned by the beneficiaries or the Trusts at no cost or expense to Purchaser or City (except those reimbursements to the tenant farmer as agreed to by City). v�K{'3 F Etc, City of Elgin Agenda Item No. July 16 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Sanitary Sewer Lateral Construction and Reimbursement Agreement with Chicago White Metal PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider executing a Sanitary Sewer Lateral Construction and Reimbursement Agreement with Chicago White Metal (CWM) . BACKGROUND r The City Council, at its April 14, 1999 meeting, authorized annexation of property northeast of Big Timber Road and Tyrell Road. This property has been purchased by CWM for their proposed manufacturing facility. Sanitary sewer service to the CWM property will be through the Tyler Creek Interceptor Sewer (TCIS) . Phase VI of the TCIS is scheduled to be constructed in late fall of 1999 . In order for CWM to gain access to the TCIS, an approximate 1, 200 linear feet of lateral sanitary sewer main will be constructed along Big Timber Road to the terminus of the TCIS. CWM has approached City staff requesting that consideration be given to constructing the sanitary sewer main lateral in conjunction with the TCIS-VI . The subject agreement will provide for the design and construction of the lateral sewer. All costs associated with the design and construction will be paid by CWM. A location map is attached as Exhibit A. A copy of the Sanitary Sewer Lateral Construction and Reimbursement Agreement is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . em- Sanitary Sewer Reimbursement with CWM July 16, 1999 Page 2 017/(1-- FINANCIAL IMPACT The cost to design and construct the lateral sewer will be paid entirely by CWM. The design fee is estimated to be $14, 000, with a construction estimate of $200, 000 . Funds will be deposited by CWM into the appropriate City account prior to the start of design and construction. LEGAL IMPACT NW/ None . ALTERNATIVES None . RECOMMENDATION It is recommended that City Council approve the sanitary sewer lateral agreement with Chicago White Metal and authorize the City rah Manager to execute the agreement . .ectfully submit , dillk 62 ' Jof a A. Parker City Manager SP:do Attachments r' EXHIBIT A Location Map Chicago White Metal Sewer Lateral 4o cl � y O< w 1 Com, Chic.go White Metal Property t" ICWM 31 ikSEWER LATERAL . . ........." F . ,.: NN Ac.>C TC IS -vI Tri . -w411111Iii S q „ y \l1\ 4411111111111111111ftm ill''‘y 2 bt / UNION - R. Nor- / TYLi'i' CRsEir HICHLAN.D AVENUE (.- -m -------- %/