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