R-789 - 10/09/2001 - AGREEMENT - Resolutions15
RESOLUTION 2001- AG- WA- EX1 -R- 789
A RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
AMONG THE CITY OF OAKBROOK TERRACE, THE VILLAGE OF OAK BROOK
AND HARP OAKBROOK TERRACE, L.L.C.
FOR LAKE MICHIGAN WATER THROUGH A SECOND INTERCONNECTION
WHEREAS, the Village Manager has presented the attached form of Intergovernmental
Agreement among the Village of Oak Brook, City of Oakbrook Terrace and Harp Oakbrook Terrace,
L.L.C., for Lake Michigan water through a second interconnection; and
WHEREAS, said intergovernmental agreement contains numerous recitals (Whereas clauses)
which are adopted as findings herein by reference, as though fully set forth; and
WHEREAS, the President and Board of Trustees find that it is in the best interest of the Village of
Oak Brook to enter into said intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS, that the Village President
and Village Clerk are authorized and directed to execute an intergovernmental agreement among the City
of Oakbrook Terrace and Harp Oakbrook Terrace, L.L.C. for the provisions of Lake Michigan water
through a second interconnection. Said agreement shall conform substantially to the form of agreement
which is attached as Exhibit I, and which is hereby approved.
PASSED AND APPROVED this 9th day of October , 2001 by the President and Board of
Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as
follows:
Ayes:
Trustees Butler, Caleel, Craig, Korin and Savino
Nays: I None
Trustee Miologos
i
F
AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF O AKBROOK TERRACE,
THE VILLAGE OF OAK BROOK
AND HARP OAKBROOK TERRACE, L.L.C.
' WHEREAS, the City of Oakbrook Terrace ( "City ") has recently begun receiving water from
the DuPage Water Commission (" Commission"), and distributing it to its residents in a portion of the
City; 'and
WHEREAS, Harp Oakbrook Terrace, L.L.C. ( "Staybridge ") is the owner of land within the
City and is currently involved in the construction of hotel, and is required by ordinance to purchase
water from the City; and
WHEREAS, the City has determined that the most expedient manner of serving Staybridge
and other users is to construct a Second Connection to the transmission system of the DuPage Water
Commission, at a location near the junction of Trans Am Plaza Drive and Illinois Route 56; and
water
o perm
mains
WHEREAS, the building under construction by Staybridge require a source for construction
fire flow and regular water usage until such time as the City can complete and make
,ional the construction of the Second Connection point, pressure adjusting station, and feeder
( "Second Connection ") to furnish water to the City's system; and
WHEREAS, the Village of Oak Brook ( "Village ") is also a member of the DuPage Water
Conuzission and owns a water transmission line adjacent to the Second Connection, which is
adequ.�te in size to provide, on a temporary basis, enough water to allow the City to supply
Staybride and
WHEREAS, the Village and the City have previously entered into an intergovernmental
agreement for the installation of an interconnect between the City's water supply system and the
Village's water supply system, pursuant to an agreement dated July 15, 1998, and the First
Interconnection ( "First Interconnection ") has been completed and approved by the City and the
Village and is operational, and the City and the Village are agreeable to the installation of a Second
Interconnection ("Second Interconnection ") to be used to temporarily furnish Staybridge's domestic
water and fire protection water; and
WHEREAS, the existing water system installed by the City possesses adequate capacity to
temporarily and as requested by the Village, through the First Interconnection, provide water to the
Village's water system equal to the full water requirement of Staybridge; and
WHEREAS, based upon the promise by the City to provide, upon request, supplementary
water, to the system of the Village, through the First Interconnection, the Village is willing to provide
vv*ater temporarily to Staybridge through the Second Interconnection; and
WHEREAS, the DuPage Water Commission has let a contract to cause the construction of
the Second Connection; and
WHEREAS, the parties agree that, upon the completion of the City's Second Connection,
Staybridge will receive its water supply only by means of the Second Connection, pursuant to the
City's ordinance, and the Second Interconnection shall continue only pursuant to an agreement,
typical between adjoining communities providing for emergency interconnection; and
WHEREAS, the City is willing to provide water into the Village's water system, through the
First Interconnection, so long as its ability to do so shall not require the addition or expansion of its
existing system and so long as it is able to provide adequate water supplies to all of its own
s,
customers, including Staybridge, subject to the termination provisions and other conditions set forth
in this Agreement; and
WHEREAS, units of local government and private entities are permitted under the
Constitution and statutes of the State of Illinois to enter intergovernmental agreements in any manner
not prohibited by law or by ordinance;
NOW, THEREFORE, is it agreed among the City of Oakbrook Terrace, the Village of Oak
Brood: and Staybridge in accordance with the authority established within the Constitution and
statutes of the State of Illinois and
in consideration of the mutual promises set forth in this
Agreement, as follows:
1. The provisions of the whereas clauses are added to and made a part of this Agreement.
?. The Village will temporarily provide potable Lake Michigan water to the City's water
system to serve Staybridge at the property legally described in Appendix A and made a part of this
Agreement through the Second Interconnection. The quantity of water to be provided shall be the
full water needs of Staybridge, but shall be strictly subject to such other conditions and limitations as
are set forth in this Agreement.
3. Staybridge has paid or -will pay, prior to receiving water, a connection fee of One
Hundred Thousand Dollars ($1001000.00) to the City. The Second Interconnection has been
designed to conform to the ordinances of the City and the Village, and shall serve as the Second
Interconnection between the water systems of the two municipalities and shall be subject to whatever
emerglency interconnect agreement shall be in place from time -to -time, and the regulations of the
Commission. Once the Second Interconnection is constructed, the City shall sell water to Staybridge
and shall bill Staybridge at the rate charged its other commercial customers. y g stom rs. The water shall be
i
metered and Staybridge shall comply with all the rules and regulations governing entities which
receive water from the City. The parties shall cooperate to take action aimed at expediting the
construction process.
4. The City shall proceed in a reasonably timely manner to cause the construction of and
to place into service a Second Connection to the Commission transmission system able to service
Staybridge, which, upon its completion, shall be adequate in size to fully service Staybridge. When
the Second Connection is completed and Staybridge is receiving water by means of the Second
i
Connection, the Village's obligation to allow its system to serve as a conduit for water to be served to
Staybridge shall henceforth cease and Staybridge shall purchase all of its water needs by means of the
Second Connection from the City.
5. Staybridge specifically acknowledges that the service of water to it by the Village is
i
granted as an accommodation and the Village does not intend nor shall it be obligated to provide
water to to Staybridge other than under the tern-is of this Agreement. The use of the Village's system as
a conduit for water, or its decision to allow the City to serve Staybridge by drawing water from its
system shall be strictly conditioned upon its ability to receive into its system through the First
Interc:ionnection, and at its request, an amount of water at least equal to that being provided to
Staybridge and any other customers being served through the Second Interconnection. If the Village
is no longer obligated to provide water to Staybridge under the terms of this Agreement, it shall be
penttiited, at any time: thereafter, on 30 -days' advance written notice, to cease to provide water to
Staybridge. Staybridge does hereby waive any claim for damages of any kind against the Village and
its otiii -ers, employees and independent contractors, associated with an effort or actual water shut -off
by the: Village; at such time as the Village is no longer obligated to provide water.
m
91
6. During such time as the City is providing water to Staybridge by means of the Second
Interconnection, the City shall use its best efforts to provide, upon the request of the Village, water in
at least that equal amount to the Village through the First Interconnection; provided, however, that
the City shall not be required to install any new equipment necessary to allow it to provide water to
the Village. It is the belief of the parties that the First Interconnection is adequate to permit, on a
i
regular basis, excess City water capacity to be delivered, on request, to the Village. Ifany equipment,
such has, for example, a pump at the First Interconnection, is necessary to allow the City to serve the
Village, in amounts required by Staybridge, the installation and cost of that equipment shall be the
responsibility of Staybridge. The cost of such equipment shall not exceed $10,000. The City shall at
all times operate its existing system in a proper and efficient manner so as to provide as it may be
r quested, at least as much water into the Village system as Staybridge shall receive by means of the
Second Interconnection. The water being furnished to the Village through the First Interconnection
shall be metered and the cost of that water shall be at the same rate as the Village pays per thousand
`;allons to the Comnussion.
7. This Agreement should be understood and interpreted in light of the parties'
expectation that the Second Connection will be installed and operational within approximately eight
(S) months from the date of this Agreement. However, the parties acknowledge that unforeseen
conditions, labor or material shortages, strikes, or construction difficulties may delay the completion
ot'this connection and Staybridge shall be entitled to obtain Staybridge's water requirements through
tilt; Second Interconnection during any time as the City is able to supply at least that quantity ofwater
to the (Village through the First Interconnection.
r
S. This Agreement shall be in full force and effect upon the approval of all parties and
their execution herein which may be accomplished on identical counterparts.
DATED: October 10, 2001
CITY OF OAKBROOK TERRACE VILLAGE OF OAK BROOK
Thomas S. Nfazaikf(, Mayor
attest:
Elaine K. DeLuca, City Clerk
HARP OAKBROOK TERRACE, L.L.C.
f
aren M. Bushy, Ville President
G� F
GE(n�� ' onnella, Village Clerk
..:...
CG
c I f lJ (/� r� �� , c .
1 Y
0