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2005-059i :Ounty RECORDER OF DEEDS COVERSH FOR COPY 5858525 LAKE COUNTY: IL RECORDER �5f�i5�2O�ClrS 4 EET NON - STANDARD OR RE- RECORDED DOCUMENT ao II 08/09/05 ORDINANCE NO. 2005- 59 An Ordinance Approving Water and Sewer Agreement with Wheeling Park District WHEREAS, the Village of Buffalo Grove ("Village ") is a Horne Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Wheeling Park District ( "Park District ") is an Illinois park district organized pursuant to the provisions of the Park District Code, 70 ILCS 1205/1 -1 et seq.; and WHEREAS, the Village and the Park District are public agencies as that term is defined in the Intergovernmental Cooperation Act, 5 ILCS 220/2; and WHEREAS, the Intergovernmental Cooperation Act, authorizes units of local government to exercise and enjoy jointly their powers, privileges or authority, and to enter into intergovernmental agreements for that purpose; and WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970 authorizes units of local government to contract, to exercise, combine, or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Park District is the owner of certain unincorporated real property upon which it operates a public 18 -hole golf course and clubhouse commonly known as the Chevy Chase Country Club, located at 1000 North Milwaukee Avenue in Lake County, Illinois; and WHEREAS, the Chevy Chase Country Club is located adjacent to and contiguous to the corporate limits of the Village; and WHEREAS, the Park District was a customer of the Chevy Chase Sewer and Water Company, Inc. which provided to the Park District sewer and water service to the Chevy Chase Country Club; and WHEREAS, the Certificate of Public Convenience and Necessity issued to the Chevy Chase Sewer and Water Company, Inc. by the Illinois Commerce Commission was cancelled by said Commission and thereafter Chevy Chase Sewer and Water Company, Inc. no longer operated a utility business; and WHEREAS, the Village and the Park District have entered into an "Intergovernmental Cooperation and Settlement Agreement" dated August 3, 2005 in settlement of certain lawsuits in the Circuit Court for the Nineteenth Judicial Circuit, captioned as Wheeling Park District V. Village of Buffalo Grove, Case No. 04 CH 1484 and People of the State of Illinois ex rel. Wheeling Park District v. Village of Buffalo Grove, Case No. 04 MR 0972. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. The foregoing recitals are hereby adopted and incorporated into and made a part of this Ordinance as if fully set forth herein. Section 2. The Village Manager is hereby authorized and directed to execute a Water and Sewer Agreement (the "Agreement ") with the Wheeling Park District in substantially the same form attached hereto as Exhibit "A ". Section 3. This Ordinance and the Agreement are based upon unique circumstances and are for the benefit of the Village and the Park District and no other person shall have any rights, interest or claims under this Ordinance or the Agreement, or be entitled to any benefits under or on account of this Ordinance or the Agreement as a third party beneficiary or otherwise. Section 4. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 5. This ordinance shall be effective upon its passage and approval. This ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Kahn,..Trilling, Rubin NAPES: 0 - None ABSENT: 0 - None, PASSED: September 12 , 2005. APPROVED: September 12 , 2005. Village President ATTEST: 2VI. iuge Clerk R\Buffalo Grove \Ordinances \Ord. Approving 8- 9- 05.doc WATER AND SEWER AGREEMENT This Water and Sewer Agreement ( "Agreement ") is between the VILLAGE OF BUFFALO GROVE, Illinois, an Illinois Home Rule municipality, hereinafter sometimes referred to as the "Village" and the WHEELING PARK DISTRICT, an Illinois park district, hereinafter sometimes referred to as the "Park District "; the Village and the Park District are hereinafter collectively referred to as the "Parties." WHEREAS, the Village and the Park District have entered into an "Intergovernmental Cooperation and Settlement Agreement" dated August 3, 2005 in settlement of certain lawsuits in the Circuit Court for the Nineteenth Judicial Circuit, captioned as Wheeling Park District v. Village of Buffalo Grove, Case No. 04 CH 1484 and People of the State of Illinois ex rel. Wheeling Park District v. Village of Buffalo Grove, Case No. 04 MR 0972 ( "Settlement Agreement "); and WHEREAS, this Agreement shall pertain to the easternmost approximately 30 acres of the 126.5 Chevy Chase Country Club as depicted on Exhibit A hereto ( "Park District Property "); WITNESSETH THAT, the Parties hereto, in return for the mutual covenants and agreements contained herein and other good and valuable consideration, receipt of which is hereby acknowledged, do agree as follows: 1. The foregoing Recitals are hereby made a part of this Agreement. 2. The Village shall: -1- a. Provide water and sewer service to the Park District Property for a fee for a period of fifty (50) years from the date of the execution of the Settlement Agreement, which date is August 3, 2005, except to the extent that service is interrupted for any cause not within the reasonable control of the Village, in which event the Village shall endeavor, consistent with efforts made for any other service location, to resume service as soon as possible. b. Maintain the fire hydrant and 6 inch fire hydrant water line as depicted on Exhibit B hereto. 3. The Park District shall: a. Pay a basic fee for water and sewer service that is up to 50 percent greater than the applicable rate charged by the Village to its residents for water and sewer service, which rate is currently $1.80 per one thousand gallons; provided that, in the event the Milwaukee Avenue Parcel as described ira Paragraph 2 of the Settlement Agreement, is ever disconnected from the Village for any reason, the Village may require the Park District to pay a basic fee for water and sewer service to the Park District Property located outside the corporate limits of the Village that is up to 100 percent greater than the then applicable rate charged by the Village to its residents for water and sewer service. b. Pay a sewer treatment fee for so long as Lake County continues to charge the Village for the use of sewerage treatment services, at the same rate that Lake County charges the Village for the Park District's use of such services. C. Pay such additional fees as are assessed to other users within the Village for water and sewer service to assist in defraying the cost of debt service for improvements which benefit all users of the Village's water and sewer services, but only to the extent and for so -2- • i long as the Village continues to charge all other users such additional fees. This fee is currently $5.50 per month. d. Pay any fee or other amount or charge (including but not limited to any connection fees for a new connection to the extent such new connection fee would have been required had the new connection been located within the corporate limits of the Village) but only if such fee or charge applies generally to all users of the Village water and sewer systems. e. Comply with such reasonable rules and regulations as are from time to time established by the Village and applicable to all users of the Village's water and sewer service. These include but are not necessarily limited to conservation measures as needed. f. Maintain all elements, pursuant to Village standards, of the water and sewer service except for the meter, curb stop and curb box which shall be owned and maintained by the Village; g. Be bound by all ordinances of the Village related to the use, construction and repair of water and sewer services and restrictions thereon and as same may be amended from time to time. h. Allow authorized agents of the Village free access to the Park District Property at all reasonable hours for the purpose of reading, examining, repairing or removing the Village's meters or other property. The Village shall restore the area of such activity to substantially the same condition as existed prior to the work. 4. Water and sewer service is provided solely for Park District Property for use by the Park District and its patrons. The Park District shall not sell or convey such water to any third party without the express written consent of the Village. -3- 5. The Parties understand and agree that the Village's sewer service is subject to the mandates, rules and regulations of Lake County which provides sewerage treatment services and that the Village is sometimes required to enforce such rules as regards users of the Village water and sewer system. The Park District shall be governed and abide by such rules and regulations of Lake County as enforced by the Village to the same extent as all other users of the Village sewer system. 6. Nothing contained in this Agreement is intended, or should be construed, to prohibit or otherwise prevent the Village from continuing to provide water and sewer service to the Park District Property after the term set forth in paragraph 2.a. hereof on such terms as the Parties may agree. 7. The Park District hereby grants to the Village and its authorized agents access to the Park District Property at all reasonable hours for the purpose of examining, maintaining and repairing ( "maintenance ") the fire hydrant and fire hydrant line as depicted on Exhibit B and further hereby grants to the Village the necessary easement to effectuate said maintenance. The Village shall restore the area of such maintenance to substantially the same condition as existed prior to the work. Parties. 8. This Agreement shall not be assigned without the prior written consent of both 9. This Agreement is for the benefit of the Village and the Park District and no other person shall have any rights, interest or claims under this Agreement or be entitled to any benefits under or on account of this Agreement as a third party beneficiary or otherwise. -4- rl 10. This Agreement becomes effective only when accepted by the District and approved by the Village. Dated: '� President, Board of Park Commissioners Official Capacity DISTRICT'S MAILING ADDRESS and TELEPHONE NUMBER 1000 North Milwaukee Avenue Wheeling, Illinois 60090 (847) 465 -2305 Dated: VILLAGE OF BUFFALO GROVE APPROVED BY V 111ago 1V1undger F:\Buffalo Grove\Wlieeling PD v BG \Water Service \Water and Sewer Agreement 08 -16 -05 clean.doc -5- 1p - -Exhibit A PLAT OF DISCONNECTION N34• E NO2. 17.51' 'Not- 09-2611E 53.42* 109.03'24 "E 49.90. 4--YN18' N38. 2112811E I M04-36-1 2-W 19.09 Any 5608 J.- 23'04W ee ae N07; MOO' WE Arc • A, 13* Red,.. I.-E � Lincoln Club Subdivision HEREBY DISCONNECTED FROM THE VILLAGE OF BUFFALO GROVE AREA (30.5 673 A,,,5J Document No. 1912594 \�1387'5.6'33"W AVENUE 1.71' The p.rtp Ilse a( C.Iumbtan Garden. Unit 3 ..c.,d.d it., ......... .......I ".. -111 It. /Note: The area encompassed by the plat and legally described low 15 hereby disconnected from the Village of buffalo Grove. DANA, CGS N" COPWANY CONSULTIMGC ENQNEEW A. b.f.. b.Uu., ev A di Any 5608 J.- aeEr ,L all in,n.ex.lm ------------- - -- ---- , R • EXHIBIT nBn AMW ON URPEft Fj tGE OF :tRE 11tpRiWT i� Fire Hydrant and Fire Hydrant Line 1 - v • i t � R � ♦' !• . s ' •• � f a. • ` '646.3 . IWAL t" is FOW- 647.72 �%W1i :641.61 ' f47;55. IL 646.92 , !