R-95-6-1
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CERTIFICATION OF RESOLUTION
STATE OF ILLINOIS )
SS
COUNTY OF LAKE )
being duly sworn,
on oath deposes and says that:
1. I am the duly elected Village Clerk of the Village of
Riverwoods, Lake County, Illinois, and as such am the keeper of all
books and records of said Village.
2. At a regular meeting of the Board of Trustees for the
Village of Riverwoods held on the se day of ,
19�, Resolution No. p— — entitled :4ae soh
was duly
correct copy of said Resolution No. 9.x-,6-
s a true and
a k-1 f to
►eer7)e Q
IN WITNESS WHEREOF, I have hereunto affixed my official signature
and corporate seal of said Village of Riverwoods this day
of 19.
(SEAL) illage Clerk of the Village of
Riverwoods, Lake County, Illinois
RESOLUTION NO. 95-6-9
RESOLUTION AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE WATER AGREEMENT BETWEEN
THE VILLAGE OF RIVERWOODS AND THE VILLAGE OF DEERFIELD
WHEREAS, The Village of Riverwoods ( "Riverwoods ") and the Village of
Deerfield ( "Deerfield ") have entered into a water agreement dated February 8, 1985 (the
"Prior Agreement ") providing for the purchase of water by Riverwoods from Deerfield;
and
WHEREAS, Riverwoods has annexed the parcel commonly known as
"Thorngate" into the Village, which parcel is being improved with a residential
development consisting of 289 homes; and
WHEREAS, the President and Board of Trustees of Riverwoods have determined
that is advisable and in the best interests of Riverwoods to provide for the purchase of
additional water by Riverwoods from Deerfield and the construction of certain
transmission and reservoir improvements so that such additional water can be furnished
to residents of Thorngate and other areas within Riverwoods, and
WHEREAS, Deerfield has agreed to amend the Prior Agreement to provide for
the sale to Riverwoods of additional water up to a maximum of 300,000 gallons per day
(which is in addition to the allocation furnished by Deerfield to Riverwoods under the
Prior Agreement) upon all of the terms and conditions contained in an amendment to the
Prior Agreement entitled "First Amendment to Deerfield/Riverwoods Water Agreement),
a copy of which is attached as Exhibit "A" hereto (the "First Amendment ").
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF RIVERWOODS:
SECTION ONE: That the First Amendment between the Village of Deerfield and
the Village of Riverwoods be and the same is hereby approved.
SECTION TWO: That the President and Village Clerk be and they hereby are
authorized and directed to execute the First Amendment and to do all acts and things and
to execute all documents as may be necessary and proper to carry out and comply with
the intent and purposes of this Resolution.
SECTION THREE: That this Resolution be in full force and effect from and after
its passage, approval and publication in the manner required by law:
PASSED AND APPROVED THIS 6TH DAY OF JUNE, 1995
AYES: Kaplan, Small,Wallace & Stanger
NAYS: 0
ABSENT: Bott, Ciesiel,& Niedelman
Attest:
FIRST AMENDMENT TO
DEERFIELD /RIVERWOODS WATER AGREEMENT
This First Amendment to Deerfield /Riverwoods Water Agreement
is entered into this 6th day of
June
1995, by and between
the Village of Deerfield, a Municipal Corporation hereinafter
called "Deerfield ", and the Village of Riverwoods, a Municipal
Corporation hereinafter called "Riverwoods ",
W I T N E S S E T H
WHEREAS, Deerfield and Riverwoods have entered into a Water
Agreement dated February 8, 1985 (the "Prior Agreement ")
providing for the purchase of water by Riverwoods from Deerfield
upon certain terms and conditions; and
WHEREAS, Deerfield and Riverwoods desire to provide for the
purchase of additional water by Riverwoods from Deerfield and the
construction of certain transmission and reservoir improvements
to facilitate said purchase all upon the terms and conditions
herein contained; and
WHEREAS, pursuant to a certain water service contract dated
March 10,.1986 by and between Deerfield and the City of Highland
Park, Deerfield is permitted to purchase water from the City of
Highland Park for the use of its residents and also for the use
of Riverwoods (the "Deerfield/ Highland Park Agreement "); and
WHEREAS, there will be installed a 16 inch water main from
Montgomery Road and Wilmot Road westerly through the Caruso
Junior High School premises in Deerfield to a reservoir and
JKS \48923.2 6/5/95
pumping station to be constructed and located on the certain
property west of Sanders Road in Riverwoods (the "Thorngate
Subdivision "), the location of the water mains and meter pits and
reservoir to be as set forth in the engineering plans and
specifications prepared by Cowhey, Gundmundson & Leder, Ltd.,
Itasca, Illinois, Project #1462 and dated April 17, 1995 (the
"Plans and Specifications "), a copy of which is affixed hereto
and expressly incorporated herein as Exhibit 1; and
WHEREAS, Riverwoods desires to continue purchasing water
from.Deerfield through the 8 -inch water main and the 12 -inch
water mains described in the Prior Agreement as well as to
commence purchasing water through the 16 -inch water main above
described; and
WHEREAS, Deerfield will employ its best efforts to assist
Riverwoods in obtaining the consent of the City of Highland Park
to permit Deerfield to sell additional water to Riverwoods
through the new 16 -inch water main to be constructed pursuant to
Section 3 of the Deerfield /Highland Park Agreement,;
NOW THEREFORE, it is agreed by and between the parties
hereto as follows:
1. Purchase. Deerfield agrees to sell and Riverwoods
agrees to purchase water to be supplied through the 16 -inch water
main that will be installed in the locations indicated on the
Plans and Specifications.
2. Amount. Deerfield agrees to sell water to Riverwoods
up to a maximum amount of 300,000 gallons per day. The water
sale referenced in the preceding sentence shall be in addition to
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any water sales limits in the Prior Agreement or provided for in
the Six Party Water Agreement described in Section 11 of the
Prior Agreement. Prior to the completion of the reservoir
described in Exhibit 1, Deerfield reserves the right to reduce
the maximum amount of water sales hereunder if necessary to meet
the needs of Deerfield users. Deerfield's obligation herein is
also contingent upon Deerfield obtaining sufficient water from
the City of Highland Park or any other source it deems
appropriate.
3. Quality of Water. The quality of the water as it is
delivered to the Village of Riverwoods at the aforedescribed
source shall be potable water meeting the allowable
concentrations of the bacteriological quality,.chemical and
physical quality, and radiological quality standards of the
Illinois Pollution Control Board Rules and Regulations, Chapter
6, Public Water Supplies regarding finished water quality.
4. Location of Service. The point of delivery of the
above - described water are described as follows:
1) The 16 -inch water main cross - connections situated
in the vicinity of Wilmot Road and Montgomery Road as set
forth on the Plans and Specifications.
Riverwoods shall apply its best efforts to insure that work
in connection with the Project taking place on the Caruso Junior
High School premises shall be initiated following completion of
the 1995 spring term and prior to the inception of the 1995
summer term, and that in all events disruption to school property
and operations shall be minimized to the extent possible.
JKS \48923.2 6/5/95 3
5. Geographical Area. Riverwoods may utilize the water to
provide water only to users in the Thorngate Subdivision until
such time as the reservoir described in Exhibit 1 is operational.
Thereafter other areas of Riverwoods may be served by the 16 -inch
water main, subject to the maximum amounts set forth in paragraph
2 of this Agreement.
6. Duration. This Agreement shall be in full force and
effect for a period coterminous with the term of the.Prior
Agreement and shall be subject to the further terms and
conditions as to duration set forth in paragraph 6 thereof.
7. Cost of Water. The parties acknowledge that the water
rate charged by Highland Park to Deerfield from time to time
pursuant to the Deerfield /Highland Park Agreement is expressed as
a percentage of the water rate Highland Park charges to its
residents. Deerfield shall establish a water rate for Riverwoods
for the water delivered both hereunder and pursuant to the Prior
Agreement equal to the same percentage applied by Highland Park
described in the preceding sentence, except that said percentage
shall be applied to the water rate charged to Deerfield users to
establish the water rate for Riverwoods. (For example, if
Highland Park charges Deerfield 90% of the water rate it charges
Highland Park residents, Deerfield will charge Riverwoods 90a of
the water rate it charges Deerfield residents.)
8. Maintenance and Restoration. While Riverwoods retains
ownership thereof, Deerfield will maintain all water supply
facilities within its corporate limits as depicted on the Plans
and Specifications at the sole expense of Riverwoods. Riverwoods
JKS\48923.2 6/5/95 4
hereby assigns its rights as Grantee pursuant to non - exclusive
perpetual easement granted by the Board of Education of School
District 109 permitting access to the Caruso Junior High School
to facilitate Deerfield's performance of its duties hereunder.
All billing statements from Deerfield for the cost of said
services shall be paid by Riverwoods upon receipt. Those
portions of Wilmot Road and Montgomery Road excavated in the
course of installation of the 16 -inch water main shall be
completely restored and resurfaced. In order to allow for
settlement, the final asphalt surface coat will not be applied
until the spring of 1996. All work performed by Riverwoods
hereunder shall be to the reasonable satisfaction of the Village
Engineer of Deerfield and at the expense of Riverwoods.
9. Effect on Prior Agreements. Except as to those matters
specifically set forth herein, and except as to any specific
modifications or amendments to the Prior Agreement set forth
herein, the terms and conditions of the Prior Agreement shall
remain in full force and effect.
10. Approval. This First Amendment to Deerfield /Riverwoods
Water Agreement is made and executed pursuant to a Resolution of
the President and the Board of Trustees of the Village of
Riverwoods, Illinois, passed on the 6th day of June 1995,
authorizing the execution of the same, and pursuant to Resolution
No. R -95 -10 of the President and Board of Trustees of the
Village of Deerfield, Illinois, passed on the 5th day of
June , 1995.
JKS \48923.2 6/5/95 5
IN WITNESS WHEREOF the parties hereto,have caused this
Agreement to be executed by their respective corporate officials,
authority therefore having first been provided.
DATED this 6th day of June , 1995.
VILLAGE OF DEERFIELD
A Municipal Corporation
By &�� President
ATTEST:
='IftITIT AU
VILLAGE OF RIVERWOODS
A Municipal Corporation
ATTEST:
&'d� J,
Village C erk
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