1987-11-02 - Resolution 1987-53 - APPROVING AN IMPROVEMENT AGREEMENTRESOLUTION NO. 87- 53
A RESOLUTION
APPROVING AN IUPROVEMENT AGREEI.IENT
WHEREAS, the Village of Buffalo Grove entered into a certain
Annexation Agreement dated January 30, 1984 and recorded as
document number 2273LO5 (Lake Countyl and 2?0767 65 (Cook County)
and approved by the Village by Ordinance No. 84-I0.
WHEREAS, the Village of Buffalo crove in alleviating certain
conditions in the Village desires to enter into an Irnprovement
Agreement.
NOW, TIIERET'ORE, BE IT RESOLVED BY TITE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFT'ALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
1. The Improvement Agreement attached hereto as Exhibit "A"
betr.reen the village of Buffalo Grove and chevy chase Sewer and
Water company, Inc. be and hereby is approved.
2. The Village President and Village Clerk are hereby
authorized to sign said Improvement Agreement.
AYES: 6 - Marlentha 'I - Glower'- Rcid^ Shields- Shifrin-
NAYES: 0 - None
ABSENT! 0 - Nonr,
PASSED: November 2
APPROVED: June 27
, L987.
, 1988.
APPROVED :
V age P resl ent
ATTEST :,.qe-aiq qr&a
---lTITasE eferk
t0'/ 2e /87
ro / 30 /87
THIS AGREEI{ENT, made and entered into as of the 27 thday of
June , 1988, by and bet$reen the VILLAGE OF BUFF.ALO
GROVE, an Il.Iinois l.{unicipat Corporation, having its office at
Village Ha11, 50 North Raupp Boulevard, Buffalo Grove, I11inois,
60089 (hereinafter called "Village" ) and CHEVY CHASE SEWER and
WATER COIIPANY, INC. (hereinafter called "Chevy Chase").
W I T N E S S E T H:
WHEREAS, this Agreement is in furtherance of a certain
Annexation Agreement dated January 30, I984 and recorded as
document number 2273L05 (Lake County) and 27076765 (Cook County)
and approved by the Village by Ordinance No. 84-10.
NOW, THEREFORE, in consideration of the foregoing and the
following agreenents, the parties hereto mutually agree as
fol lows :
I. Chevy Chase shall furnish, or cause to be furnished, at
its own cost and expense, all the necessary material, labor and
equipment to complete the inprovements (as amended by mutual
agreement of the parties) listed on Exhibit t'A attached hereto,
and all other site improvenents not specifically set forth, which
are required by existing applicable ordinances of the ViIIage or
prior agreements of the parties, all in a good and workmanlike
manner and in accordance with a1I pertinent ordinances and
regulations of the Village, including any subsequent revisions,
if any, requested by Chevy Chase or the Village and approved in
writing by the other party hereto.
2. Included in Exhibit uA'is a cost estimate for the
construction of the improvements described in said Exhibit.
Upon the execution of this Agreement, chevy chase sha11 deposit a
Letter of Credit, acceptable to and in a forn and substance
approved by the Village. Letter of Credit, bond or other
security shall originally be in the anount of $74,900.00,
composed of 969,900.00 Letter of Credit and $5,000.00 cash
depos i t .
3. All work shall be subject to inspection by and the
reasonable approval (which shall not be unreasonably $rithheld)
of the Village Engineer. It is agreed that the contractors who
III{PROVEMENT AGREEMENT
are engaged to construct the improvements described in Paragraph
I hereof are to be approved by the Village Engineer and that such
approval wiIl not be unreasonably withheld.
4. Prior to the time Chevy Chase or any of iEs contractors
begin any of the work provided for herein, Chevy Chase andr/or its
contractors shall furnish the Village with evidence of insurance
covering their employees in such amounts and coverage as is
reasonably acceptable to the village.
In addition, by its execution of this Agreetnent, Chevy Chase
agrees to protect, indemniEy, save and hold harmless and defend
the VilIage of Buffalo crove and its employees, officials, and
agents, against any and aI1 claims, costs, causes, actions and
expenses, including but not limited to attorney's fees incurred
by reason of a lawsuit or claim for damages or compensation
arising in favor of any person, corporation or other entity,
including the employees or officers or independent contractors or
sub-contractors of Chevy Chase or the Village of Buffalo Grove,
on account of personal injuries or death, or damages to property
occurring, growing out of, incident to, or resulting directly or
indirectly, fron the performance of the lvork specified herein by
Chevy Chase, its independent contractors or sub-contractors or
the officers, agents or employees of Chevy Chase. Chevy Chase
shalI have no liability for damages or costs incident thereto
caused by the negligence of the Village and its officers, agents
or employees. This hold harnless shall be applicable to any
actions of Chevy Chase, its independent contractors or sub-con-
tractors prior to the date of this Agreement and relating to the
subject matter of this Agreement if such prior actions were
approved by the Village incident to the Annexation Agreement'
5. chevy chase shall cause said improvements herein
described to be completed within sixty (60) days following the
start of the Village providing water and sewer service to the
residential subdivision knoern as "Chevy Chase" and more ful1y
specified in the Exhibits to the Transfer Agreement between the
parties of the same date. The Village Director of Public works
-2-
shall grant reasonable extensions to said 60 day period if situa-
tions r.rarrant the extension. If work is not completed within the
time prescribed herein, the Village sha1l have the right to call
upon the Letter of Credit, in accordance with its terms, for the
purpose of completing the improvements. Subject to paragraph 6
and paragraph 10 hereof, upon completion of all the improvements
herein provided for, to the Villages' reasonable satisfaction
which shaLl not be unreasonably withhetd, said Letter of Credit
and cash deposit shall be released.
6. A. In order to guarantee and warranty the obligations of
this Agreement, an amount equal to fifteen (15t) percent of the
Iesser of (1) total amount of the Letter of Credit or (2) the
actual costs incurred, shall be retained in the Letter of Credit,
for a period of one year after acceptance by the ViIIage of the
improvenents. Acceptance shall occur within 30 days of modifica-
tion by Chevy Chase to the Village. If any of the improvements
are unacceptable, the Village shall notify Chevy Chase within
said 30 day period.
B. As a portion of the security amount specified in
Paragraph 2 hereof, Chevy Chase shall naintain a cash deposit
with the Village Clerk in the amount of Five thousand and
no/I00ths DoIIars ( S5,000.00 ) .
C. If any condition develops which is deemed a danger to
public health or safety by the Village of Buffalo Grove due to
the actions of Chevy Chase or its failure to act, the Village
sha11 give notice of said condition to Chevy chase, and if after
notice of this condition Chevy Chase fails to irunediately remedy
the condition, then the village may take action to remedy the
situation and charge any expense which directly results from the
action to renedy the situation to the cash deposit. Upon
notification that the cash deposit has been drawn upon, Chevy
Chase shalt immediately deposit sufficient funds to maintain the
deposit in the amount of Five thousand and no/I00ths Dollars
(S5,000.00). Liability to chevy chase under this subparagraph c
is limited to the Letter of Credit and cash deposit.
-3-
7. The I/etter of Credit provided for herein shall be in the
form customary for that financial institution, and no additional
notice, other than what is provided for thereon, shall be given
to the Vi l lage .
8. Chevy Chase has paid to the Village prior to its
execution of this Agreement S5,000.00 in fuI1 and complete
satisfiaction of any of its obligations to the to the Vitlage in
order to effectuate the repairs listed in Exhibit C hereto.
9. Chevy Chase has submitted its meter reading records to
the Village for copying for at least the preceding tlrelve month
period prior to the date of this Agreement.
10. Chevy Chase has by a separate document entitled Transfer
Agreenent, conveyed certain real property identified in Exhibit
"8" hereto to the Village. Chevy Chase shall be liable for and
shall pay any 1987 and prior years real estate taxes on said real
property (further identified as PIN: 15-35-300-157) (up to the
time an exemption is granted by Lake County and the State of
Illinois). The Village of Buffalo Grove shal1 file for an
exemption within 30 days of the execution of this Agreement by
the parties. The Letter of Credit identified in paragraph 2
hereof shaLl be used to guarantee said payment of taxes. If all
inprovements have been accepted by the Village, then said Letter
of Credit may be reduced but shall remain in an amount sufficient
to pay the hereinbefore mentioned real estate taxes or Chevy
Chase may post a cash eguivalent with the ViIlage. Notr.rithstand-
ing any of the foregoing to the contrary, the obligation of Chevy
chase under this paragraph 10 shaI1 expire one year after the
execution of this Agreement.
11. The Agreenents and the obligations contained herein are
in addition to, and not in limitation of the Annexation Agreement
dated January 30, 1984, and the obligations contained therein.
IN WITNESS WIIEREOF ' the village has caused this Agreement to
be executed as has chevy Chase, all as of the date first above
$rritten.
-4-
VI LLAGE ALO n Illinois t4unici pa1 Corporat ion
ATTEST :,SrAaJu.aA.
CHEVY CHASE SEWER and WATER COIIPANY , INC.
By
ATTEST :
-5-
1
ro /30/87
I
EXHIBIT IMPROVEMENT AGREAMENT
* Proper $reII abandonment, to include, but not by way ofIimitation, removal from site of existing pumping equipment,fifl weII r.rith chlorinated pea gravel and neat portland
cement and comply with permit from Department of lt{ines andIqinerals; deliver said permit to Village
s5, ooo . oo
* Denolition and removal from site of pump house building,to include, but not by way of limitation, renoval of aI1
foundations and other elements up to 3 feet below ground
97,000.00
* Denolition and removal of water storage Lank, includingbut not by vray of limitation all pod, foundation and
underground elements up to 3 feet below ground
$r0,000.00
4
7
Construct neeJ
run from !ilH2 9
terminating man hole onto 1,1H2I
sewer Iine intended to
s4,000.00
5. Televise IrlH2 9 to !,1H28
lila k e
MHz9
all needed repairs as directed by
to titH28 sewer Ii ne
Vi L lag
s15,00
the6 e on the
0.00
Four (4) inch and six (6) inch ends of Chevy Chase's main
r.rater feed line must cut at both ends and capped at both
sides of each cuE 93,000.00
Demolition and removal of sewage treatment facilities
including all underground elements and foundations up to 3
feet below ground and remove all sludge settlement located on
the real property north of Lake-Cook Road vrest of Itlilwaukee
Avenue including but not limited to demolition of Imhoff
tank, pump house, ef fl.uent tank, miscellaneous piping and
grading of 2 existing sand filters 523,000.00
9 Removal of six (6) hydrants around Chevy
house
Chase GoIf Club
96,800.00
TOTAL: S74,900.00
I ndi cates
descr ibed
that location of items
on Exhibit'B'to this are on real property legalIY
Improvement Agreement.
Note 1: AIl job
and graded Ievel
site.
sites shall be left in a broom clean condition
and seeded. Renoval means removal from the
job sites.
must be obtained
Note 2: AI1 debris shatl be removed from the
Note 3: AI1 required permits from the ViIIage
from-Ttre village prior to commencing any work.
Note 4: No sludge or Imhoff tank effluent shall be disposed of
IErough Village or County sewerage facilities'
Note 5: Odors shaIl be controtled to maximum extent'
2,
3.
s 600.00
8.
Lo/30/87
EXHIBIT IMPROVEMENT AGREEMENT
That part of the Southsrest l/4 of. Section 35, Township 43 North,
Range 11, East of the Third Principal lrleridian, described as
follows: Corunencing at a point in the centerline of ilwaukee
Avenue as occupied which point is on a 1ine, said line being
described as follows: Beginning at a point on the East line of
the west l/2 ot the Southvrest l/4 ot Section 34, Township 43
North, Range lI, East of the Third Principal Ir{eridian, 27.48
chains (1813.68 feet) North of the Southeast corner of the West
l/2 of the Southwest l/4 of said Section 34; thence North 87
degrees 45 minutes East to a point on the East line of the
Southeast L/4 ot section 35 aforesaid 44?.63 feet South of the
Northeast corner thereof; thence South 87 degrees 45 minutes West
7L5.47 feet to a point, which is Ehe point of beginning of herein
described tract; thence continuing South 87 degrees 45 minutes
West, 115.00 feet; thence South 2 degrees 15 minutes East, 170.00
feet; thence North 87 degrees 45 minutes East, 75.00 feet; thence
North 2 degrees 15 minutes West, 36.79 feet; thence Northeasterly
76.20 feet from the point of beginning; thence North 2 degrees 15
minutes West, 68.35 feet to the point of beginning, in Lake
County, I1l inois.
PINr I5-35-300-157
Sometimes referred to as the Water !{eII House Property.
Lo/30/87
I
EXHIBIT "C" TO II4PROVEMENT AGREEMENT
Buried B-boxes to be raised to grade at:- 22 Linden- 9I2 Prague
- 930 Prague
2 First five sanitary se$rer man hol
Ror^rlandt s 2/19/87 Iist of require
$1,100.00
epair items on J.epairs S2,400.00
erdr
3.valve problens requiring resolution:
- buried valve east of It{ilwaukee across
from Chevy Chase Dr ive
- valve *6 east of !{ilwaukee is buried
TOTAL:
s1, s00.00
$5,000 .00