1977-11-21 - Resolution 1977-49 - Agreement regarding the connection of a 8 inch sanitary sewer between VBG andThe Kennedy company.. RESOLUTION NO. 77 - 19
BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, that the President and Clerk be and
they are hereby authorized and directed to execute an
Agreement regarding the connection of a 8 inch sanitary
sewer dated November 21 , 1977, between the Village
and The KENNEDY COMPANY, an ILLINOIS Corporation. Copy
of said Agreement is attached and made a part hereof.
AYES : 6 - Rech, Bogart, Marienthal , Keister, Stone, Mendenhall
NAYE S : 0 - None
0 - None
ABSENT:
PASSED this 21st day of November , 1977.
Village President
ATTEST:
7r _
Village Clerk
1./ `d `
AGREEMENT made this day of 1977 between
THE KENNEDY COMPANY, an Illinois corporation ( "Kennedy" ) and
VILLAGE OF BUFFALO GROVE, a municipal corporation of Lake and
Cook Counties, Illinois ( "Village" ) , WITNESSETH THAT:
WHEREAS : Village owns and operates a certain 10 inch sani-
tary sewer main ( "Village Main" ) lying within and under the West-
erly side of the public right-of-way of Arlington Heights Road
which Village Main is connected to the sanitary sewer inter-
ceptor main owned and operated by the County of Lake ( "County
Main" ) at the intersection of Arlington Heights Road and
Illinois State Route 83 and which Village Main extends South-
ward to the vicinity of Fremont Way; and
WHEREAS : A certain tract of land comprising 76 acres, more
or less, situated on the West side of Arlington Heights Road and
the North side of Checker Road in the Village of Long Grove,
Lake County, Illinois, and legally described in Exhibit A, which
is attached as a part hereof, has been zoned as a Planned Unit
Development pursuant to the Long Grove Zoning Ordinance to be
known as "Le Savanne of Long Grove" , comprising the following:
A. 42 lots to be improved by Kennedy with
42 single family residences,
B. 1 large lot limited to the 2 single family
residences and appurtenant horse stable
buildings which shall not be divided or
sold except as a single tract,
C. 2 lots each to be used as a church or syn-
agogue and related purposes, excluding re-
sidences; and
D. 1 lot to be used only for office purposes
in conformity with the regulations for the
Office Zoning District of the Village of
Long Grove.
WHEREAS : Kennedy proposes to construct an 8 inch sanitary
sewer main ( "Kennedy Main" ) within and under the Westerly side
of the right-of-way of Arlington Heights Road for the purpose of
serving Le Savanne of Long Grove and to connect the same to the
Village Main in the vicinity of Fremont Way for the purpose of
obtaining access to the County Main;, and
WHEREAS : Kennedy has requested Village to grant permission
to connect the Kennedy Main to the Village Main and Village is
willing to grant such permission, subject to certain mutually
agreeable conditions;
NOW THEREFORE, in consideration of the premises and of the
covenants and conditions hereinbelow stated, it is AGREED as
follows :
1. Village hereby grants to Kennedy permission to extend the
Kennedy Main within and under the Westerly side of the right-of-
way of Arlington Heights Road in the Village of Buffalo Grove and
to connect the same to the Village Main in the vicinity of Fre-
mont Way and thereafter to use the Village Main for the purpose
. • • ♦ •
of obtaining access to the County Main to provide sanitary sewer
service to Le Savanne of Long Grove.
2 . The Kennedy Main shall be limited to serving Le Savanne of
Long Grove, shall be constructed at no cost to the Village and
shall be dedicated to and operated by the County of Lake pursuant
to the Agreement for Sewage Disposal between the Village of Long
Grove and the County of Lake.
3 . Before connecting the Kennedy Main to the Village Main, Kennedy
shall pay to the Village, the sum of $21, 855 as a connection fee.
The requisite portion shall be applied to the payment in full of
amounts due under the Otis Annexation Agreement for recapture of
sewer costs and Village shall furnish evidence
thereof to Ken edy. The balance shall comprise payment and reim-
bursement in full of all engineering, legal and administrative
expense incurred by the Village with respect to the installation
and connection of the Kennedy Main and in full of all contribu-
tions, fees or charges for the operation, maintenance, repair and
replacement of said Village Main for the benefit of Le Savanne of
Long Grove. Without limiting the generality of the foregoing, it
is agreed that the payment of said connection fee by Kennedy shall
entitle Kennedy and every person now or hereafter owning land in
Le Savanne of Long Grove to the normal permanent use of the Vil-
lage Main for the purpose of delivering sewage via the Village
Main to the County Main, all without further charge of any kind
to be made by the Village of Buffalo Grove. It is understood
that Kennedy and such owners are and shall be subject to such fees
and charges as may be charged and collected by the Village of Long
Grove and the County of Lake consistent with the Agreement for
Sewage Disposal between the Village of Long Grove and the County
of Lake.
4. All construction, appurtenances, infiltration criteria and
installation shall conform to the ordinances and specifications
of the Village and shall be inspected and approved by the Vil-
lage Engineer in addition to other required inspections.
5. Village shall have the right to interrupt service via the
Kennedy Main in an emergency situation to the same extent and for
the same causes that would justify interruption of service to per-
sons residing within corporate limits of the Village on a non-
discriminatory basis. Village shall determine when an emergency
situation exists and the duration thereof.
6 . Village shall not be responsible for the maintenance of the
Kennedy Main.
7 . Kennedy shall have and maintain public liability insurance
at all times during the construction of the Village Main and the
Kennedy Main with limits of not less than $500,000.00 with re-
spect to injury to or death of any one person and $1,000, 000. 00
with respect to any one accident and a limit of not less than
$100,000.00 with respect to property damage. Kennedy shall cause
-2
•
to be furnished to Village a certificate of insurance evidenc-
ing that Village is an additional insured under said policy or
policies in regard to such construction.
8. This agreement shall be binding upon and inure to the benefit
of the respective parties and their successors and assigns.
IN WITNESS WHEREOF, the VILLAGE OF BUFFALO GROVE and THE
KENNEDY COMPANY have hereunto set their hands and seals and
have caused this instrument to be executed by their duly au-
thorized officials and their corporate seals affixed hereto all
on the day and year first above written.
VILLAGE OF BUFFALO GROVE
By ZJ
ATTEST:
THE KENNEDY COMPANY
By
ATTEST:
�..,�'" '�-•=�, .�Wiz.,
`/
EXHIBIT ,A - Legal Dc scrlption of the .Land
The East half of the North East quarter
of Section 31, Township 43 North, Range 11,
East of the Third Principal Meridian (ex-
cept i_ng the North 311. 5 feet of the East
733 feet thereof) and all of the South East
quarter of Section 31, Township 43 North,
Range _l_l, East of the Third Principal Merid-
ian lying North of the Center line of Checker
Road and West of the Center line of Arlington
Heights Road , all in Lake County, Illinois.
The land comprises 76 acres more or less and is generally
bounded on the South by Checker Road and on the East
by Arlington Heights Road. •