R-448 - 04/26/1988 - WATER - Resolutions WTR MTl3 5rATA1.AdrAA4 A,
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RES. R-448
A oN AARlBdPM M
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AiNl '� YZdeI1lDllt B'ffi4s �eeta Aratasr RO'dNOli'!![
WHEREAS, this Village of Oak Brook and T`ne Illinois state Toll Highway
Authority (hereinafter referred to as ISTHA) 1.1ve heretofore entered into an
Agreement dated April 12, 1977, by which Agreement the Village is authorized
for a period of ninety-nine (99) years to lease IS'lri,'. property located at York
Road; and
WHEREAS, the Village at said location had installed an underground water
reservoir; and
WHEREAS, the V.il!.age of Oak Brook, in anticipation of the receipt of Lake
Michigan water, has entered into a Metering Station Agreement for said site
with the DuPage Mater Commission; and...
WHEREAS, the Village's Agreem*nt yith,the ISTHA requires its prior
approval of the construction of any taieh. striwtu#es, and
WHEREAS, the attached document ent iled.,!trirst Amendment" provides for
the approval by the ISTHA of said water metering station, a Z ,emends the
Agreement dated ppril 12, 1977 to provi�Fs therefor,-- g
NOW THE tEFO IT RE9� VE' $�l PRIESIDM AND ARD bF'Vi ja S op
THE VILLAGE � fit ,=ADO , CablC'61MIBS ''I�LfiiOld as 'L`o� a:
Section That th@.Dc:a1 ►ent atatitle "Firs fc AWe> nt" a copy of which
is attached hereto, labe*fag„ hibft; ", ),e,�e sa part hereof, is
hereby approved.',
Section 2: That the Village President and Village Clerk are hereby
authorized and directed to execute said document, substantially in the form
shown in Exhibit "A", on Lehalf of the Village of Oak Brook.
PASSED AND APMVj&D THIS 26th day of April , 1988, by
the President and Board of Truatees of the Village of ^ak Brook, Dupage and
cook Counties, Illinois, according to a roll call vote as follows:
Ayes; Trustees Imrie, Daher, Rush and Winters
Mays: None
Absent: Trustees Bartecki and Busty
1
ATTEST: vi].
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This Amendment, made and entered into by The Illinai.s
State Toll Highway Authority, an instrumentality and
administrative agency of the State of Illinois, hereinafter
sometimes referred to as "AUTHORITY", and the Village of Oak
Brook, Illinois, a municipal corporation, hereinafter sometimes
referred to as "VILLAGE" , entered into this 26th day
of AArai , 1988, witnesseth as follows:
WHEREAS,. the AUTHORITY and the VILLAGE entered into a
lease agreement dated April. 12, 1977 (hereinafter referred to
as the "Original Agreement") relating to, among other things,
the installation of VILLAGE water facilities on property owned
by the AUTHORITY and referred to therein as the "York Road
Site"; any'
WHEREAS, the VILLAGE desires to have installed at the
York Road site an additional metering station in connection
with the providing of Lake Michigan water for the VILLAGE,
plans and specifications for which have been prepared and
submitted to the AUTHORITY for review and hereinafter referred
to as Exhibit "A"; and
WHEREAS, said Original P 3reement requires aplaroval of
the .Authorif- for the installation of any such improvements,
including said metering station.
NOW, THEREFORE, for and in consideration of the mutual
promises and agreements contained herein and the recitals above
set forth, the KJTHORITY and the VILLAGE agree as follows:
1) The AUTHORITY approves the installation of the
metering station on the York Road Site in accord with the plans
EXHIBIT "A"
R-4
and specifications collectively referred to as Exhibit "A",
described as "Lake Michigan Water Supply for DuPage Water
Commission, Contract M5-2 Metering Station facility, August 27,
1987, drawings of Alvord, Burdick & Howson, Consulting
Engineers, Chicago, Illinois, certified by Donald E. Eckman,
62--22363 Registered Professional Engineer of Illinois,
consisting of General Drawings, Structural Drawings, Piping
Drawings, Architectural Drawings, Electrical Drawings, and
Clarendon Hills facilities"; and Specifications entitled:
"Metering Station facilities for DuPage water Commission,
DuPage County, Illinois, 1987, Contract MS--2 of Alvord, Burdick
&� Howson, Engineers, Chicago, Illinois, certified by Donald E.
Eckman, 62-22363, Registered Professional Engineer of
Illinois", both incorporated herein and made a part hereof 1by, '
reference hereto. No material changa, alteration or
modification in said plans and specifications shall be made
without the prior written approval of the Chief Engineer of the
Authority, which approval shall not be unreasonably withheld.
2) The VILLAGE agrees to indemnify and save harmless
the AUTHORITY, its employees, officers and agents from any and
all claims for any damages to property, injuries to persons, or
other claimed losses arising from the installation, operation
or maintenance of said water metering station.
3) Each year during the term of this Agreement the
VILLAGE shall pay the AUTHORITY an annual rental for using said
property of TWO THOUSAND FIVE HUNDRED EIGHTY FOUR DOLLARS
($2,584.00) , to be paid in quarterly installments. However,
said rental shall be increased any an amount to be computed by
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W/R-44 9
multiplying said rental by the percentage increase of the water
usage rate charged the AUTHORITY by the VILLAGE for service
basei on the 1987 water usage rate of ONE DOLLAR and THIRTY-
THREE CENTS ($1.33) per one thousand (1,000) gallons of water
supplied by the VILLAGE to the AUTHORITY, noncumulatively. For
example, if the water usage rate charged by the VILLAGE is
increased by five percent (5%) , then the annual rental as here-
inabove provided shall be increased by five percent (5%) , non-
cumulatively. It is the intent of this paragraph and Agreement
and it is understood and agreed that during the period of this
Agreement, or any extensions thereof, the consideration due the
AUTHORITY for the lease of the subject property shall be equal
to the water service charges or fees for water service provided
to the AUTHORITY's existing or future facilities in or imme-..--
diately adjacent to the Village of Oak Brook, and the VILLAGE .-
agrees to provide water service to such facilities (including
Lake Michigan water" as soon as it becomes available to property
within the VILLAGE; provided, however, the VILLAGE shall not be
required to provide water services according to the terms of
this paragraph to any facilities leased by or assigned by the
AUTHORITY to any non-governmental entity.
4) All terms, conditions and agreements contained in
the original Agreement between the AUTHORTY and the VILLAGE
shall continue in full force and effect, provided however that
in the event of any inconsistencies or conflicts between the
terms, conditions and agreements of this Amendment and those of
said original Agreement, the terms, conditions and agreements
of this Amendment shc1l govern and prevail.
3 1671p
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Executed at Oak Brook, Illinois, this 26th .day
i
of April 1988.
i
THE I IS STATE 'G AY
At3 HOR air
Sy � l
ha I x an
ATTEST:
Secretary
VILLAGE;f, OAK K, ILLINOIS
By
Pre Si eh
7'ATTEST.
Ville
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t1 Approved as to Form and Constitutionality
Attorney General, StatV of Ii inois
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VILLAGE OF OAK BROOV
UT'TUTES OF THE REGULAR MEETING
April 26, 1988
MEETING CALL:
The Regular Meeting of the Board of Trustees was called to order by President
Cerne in the Samuel E. Dean Board Room of the Village Commons at 7:30 P.M.
I. ROLL CALL:
PRESENT: President fence F. Cerne
Trustees Walter C. Imrie
Ronald P. Maher
.Joseph H. Rush
H. Richard Winters
ABSENT: Trustees Garry J. Bartecki
Karen M.*Bushy
PLEDGE TO THE FLAG
II. APPROVAL OF KINUTES:
Trustee Imrie moved, seconded by Trustee flush...
That the Minutes of the Committee-of-the-Whole Meeting of April 11, 1988
be approved as corrected and :naive reading of same.
VOICE VOTE: All present, in favor. So ordered.
Trustee Imrie moved, seconded by Trustee Rush...
That the Minutes of the Regular Meeting of April 12, 1988 be approved as
presented and waive reading of same.
VOICE VOTE: All present, in favor. So ordered.
III. ORDINANCES AND RESOLUTIONS:
0.ARESOLUTION NO. R-448 A RESOLUTION APPROVING AN AMENDMENT TO AN
AGREEMENT BETWEEN THE VILLAGE OF OAK BROOK AND THE ILLINOIS STATE TOLL
RIGHWAY AUTHORITY:
Agreement entered into at the Regular Meeting of April 12, 1988.
Trustee Imrie moved, seconded by Trustee Maher...
To pass Resolution No. R-448 as presented and waive the full reading
thereof.
ROLL CALF, VOTE: Ayes: Trustees Imrie, Maher, Rush, Winters
and President Cerne.
Nays: None
Absent: Trustees Bartecki Lnd Bushy. So ordered.
B. RESOLUTION NO. R-449 A RESOLUTION APPROVING AND AUTHROIZING THE
EXECUTION OF A VACANT LAND SALES CONTRACT WITH THM ILLINOIS STATIC TOLL
HIGHWAY AUTHORITY:
Discussed and direction given at the Regular Meeting of April 12,
19138.
Trustee fmrie moved, seoondo4 by Trustee Rush...
To pass Resolution No. R-449 an presented and waive the full reading
thersoof.
VILf,ArE7 OF OAK IAROOK Minutom -1- April 26, 19€38