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01/11/1913393 •`�t�c -`C, mot- G � 7� Jv- ✓ �.. w • )Alt, Z� i , L _ � • � � ���� � /9/2- moo• 1 f { i a { THIS AGREEWiT, a and entered into this /.A5..-=.A day of ' ...... , . .,,,,,kDl9iA between the City of Highland Park, & =unicipal rpors. on the County of Lake and State of Illinois, party of the first part,-and the Village of Deerfield, a municipal. corporation of the County 1� of Lake and State of Illinois, party of the second part, WITTMSETH: .r `€ THAT WHMMS, said party of the second part is desirous of securing water from Lake'a6ichigan, for the use of its inhabitants, and for fire Pro- tection, and I 5 { F X95 W= W9 the said party of the first part is owner of waterworks with an inlet pipe already laid in Lake Michigan, with supply pipes for the u3s of its o,= inhabitants, and in full operation. NOW TfiIIRRP'ORR, It is hereby agreed by and between the parties hereto, as followss FIRST: - -Tiat the said party of the first part shall furnish to the said party of the second part, Lake Michigan water for the use of the inhabitants of said Village of Deerfield, and for the protection of the party of the second part and its inhabitants against fire; said supply of water to be delivered by said party of the first part.through the supply 3 pipes or water mains now laid in West Central Avenue, i4ich said supply pipes or water rAlne shall be connected by the party ofthe second part at its own expense with an eight inch cast iron supply pipe, to be laid or caused to be laid by the second party in, along and under Deerfield Road, extending from the East Village limits of the Village of Deerfield, to and connecting with the said water mains on West Central Avenue, when the same shall be laid, and all of said connecting pipe line shall be laid within a reasonable time from this date, provided, however, that it shall be optional with the party of the second part whether or not it will supply water to any' of-the inhabitants or property owners of property fronti:}g on Deerfield Road, between the City of- Highland Park, and the Fast Village limits of the Village of Deerfield. SECOND: --The said party of the first part, in the delivery„of,said water, hereby agrees to use ordinary care to maintain the same pr6usure at the West City limits of the City of Highland Park, which shall be maintained from time to time any where also in said City of Highland Park, at the same distance from the pumping engines of said party of the first part, which pressure, in case of buildings being on fire in said Village of Deerfield, or in case of a fire alarm in said Village, shall be the same as shall be i maintained in case of fira or fire alarm in the corporate limits of said City of Highland Park, at like distances from said pumping engines; pro- vided however, that the said City of Highland Park shall only be hold to exercise ordinary diligence in the premises, and provided further that said party of.the second part shall notify the agents of said party of the first E part at the pumping station in case of fire. , r THIRD:-- The party of the second part erall pay to`the-party of the first part, for said supply of water, so to be furnished as aforesaid, the sum of eight and one half cents (1.08 1/2) for each'and every one hundred (100) cubic feet of water which shall be furnished by the said party of the first part to the said party of the second part, for the period of one year from the date of the day upon which the first water is furnished under this agreement and for the next succeeding nine years the said party of the second part shall pay to the party of the first part for said supply of water, so furnished'as aforesaid, the sum of nine cents (4.09) for each and every one hundred (100) cubic feet of water, which shall be- furnished by the said party of the first part to the said party of the second part,, the same to be measured as hereinafter provided,.and the said party.of the second part shall make said pLy meets to said party of.the first part for the water so furnished semi - annually, to -writ: on the first day of May and ' November in each and evoey year, such payments to be made at the office of a the City Collector, of the first party, in said City of Highland Park, the payments upon each of said dates shall be made for water furnished as afore- said, during the six months next preceding the date of such payments, and said party of the first part shall, upon the days provided for the payments aforesaid render an account upon the application-of the party of the second part for the amount of water used by said party of the second part during r the preceding months. FOURTH:— In case the party. of the second part shall at any time make default in the payments aforesaid, "and such default shall continue for the period of thirty (30) days, then and in that case this contract may be } forewith terminated at the - option of said party of the first part by giving ten days previous written notice of its intention so.to do, but the termin ation of this contract by the party of the first part shall in no way effect the liability of the party of the second part to pay for such amount of water as shall have been consumed as aforesaid, and the exercise of the said option, the giving of said notice and declaration.of the said'termin- ,ation of this contract, shall be dffective only after a resolution of the city ta council of the first party authorizing the same. � ,39 i FIFTH In case this contract shall be terminated as aforesaid F by the party of the first part, then and in that case the party of the first { part may at its option immediately disconnect water ruins so connected as aforesaid, and said party of the first part shall upon such termination be under no further obligation to supply the party of the second part with water, provided, that said party of the second part shall be and rennin liable to said party of the first part for all loss and damage sustained by said party of the first part by reason of the failure of said party of the second part to fulfill its obligations under this agreement. SIXTH: The water so to be furnished as aforesaid shall be fur - niehed and measured through a reliable water meter or water meters sufficient I in size and number, and sufficient for the purposes for which they are in- tended, which meters shall be of a type satisfactory to the party of the first part. Said connections, meters -and mater vault shall be constructed, and set in manner and form as shown in plan hereto attached and made a part hereof. The,price of said meter or meterc, including all fittings, meter. vault constructed of concrete or brick, cost of setting and connecting the sane and any and all repairs necessary in connection with said meters and meter vault shall be borne by the party of the second part, and should it { become necescary to replace the same for any reason with new or different meters, such costs shall be borne by the party of the second part. All of the aforesaid meters shall at all times be subject to the inspection -of the party of the first part, and under its exclusive control, subject - - - -- however, to inspection of the party of the second part at reasonable times �K and upon reasonable notice to the party of the first part, and all of said meters shall be located within the City limits of the City of Highland Park, �N at or near the West City limits on West Central Avenue, and the party of the second part shall also place proper shut-off valve in each water main at or near each meter connection. SEVEIM -- And it is further understood and agreed that the party of the second part shall take,•use and consume the said supply of water at the price, during the tine, and in the manner herein specified and pay for the same as herein provided. EIGHTH: -- This contract shall be in force for the period of ten years from the date of the beginning of the furnishing of water under the terms of this agreement. All notices between the parties hereto provided for in this contract shall be given by serving a copy thereof upon the idayor or President of the said respective municipalities and by filing a liken notieo with the respective clerks of the said respective parties. NINTH: -- It is expressly understood and agreed that in cave the said Village of Deerfield shall not within one year from this date have' laid �= at least one mile of water mains in-said Village and connected the sumo with the supply pipes of said party of the first part as herein above provided, Iin said City of Highland Park with an eight inch connecting main, so as to take the water supply herein_eontemplated, and so as to proceed to carry.out the provisions of this contract according to its true -intent and meaning, that then and in that case, time being of the essence of this contraat,'all the rights of said party of the second part by reason hereof shall at the option of said party of the first part upon written notice by'it, cease and determine. TENTH: -- No extension of time for the performance of any of the ` provisions hereof shall be valid, except when duly ratified by resolutions adopted by the Board of Trustees or City Council of each of said munici- palities. i IUXM4M All the pipes and water mains within the corporate �( limits* of.the Village of Deerfield, through which said water shall be supplied, and all valves, cut -offs and appurtenances thereto, shall be furnished, and at all times kept and maintained in good repair, by said party of the second part, at its own expense, and no water pipes or mains + f shall, during tte time this contract shall remain in force, be laid within k the corporate limits of said Village of Deerfield, that shall have an in- ternal diameter -of less than six inches, except for stub ends of mains not exceeding one thousand feet in length, four inch mains shall be used, and ;all such mine and pipes shall be of cast iron;`prov;ded however, that house ,connecting pipes, and pipes connecting fire plugs and hydrants, with water mains proper, may be of ik less internal diameter, but shall be of sufficient size for the purpose. In case of bursting of any ofithe water mains or pip ®s in either;:oi, said.. municipalities, ,or inpcass it may become necoeQarY:.�. 497 . 'e to repair any part of the water works system' of either of the parties hereto, � the party of the first part is� hereby authorized to close such valves in any ;of the mains in either or both ofrsaid municipalities or between the said municipalities, as shall be necessary for the protection of said waterworks 1a' system or to meet the exigencies of the case, and it'is expressly understood "1 and agreed that the said party of the first part shall in no wise be held "liable or accountable for any bursting, breakage, or accidents of any kind y that may occur to the mains, hydrants, valves, plugs, fittings or house Ii pipes and fittings of every kind within the Village of Deerfield, or any ! water taken from said Village in connection with the furnishing of water in ;I manner'as herein provided by said party of the first part, and the said !' .r party of the second part agrees to.save and keep harmless the said party of the first part from any and all loss, trouble, damage, or expensa that it may in anywise incur or suffer by reason of the execution or performnce of this agroomcnt. 'iWELF"I'Fi: -- Said-party of tho first part shall not be liable or held accountable, nor shall the same be held or considered as a breach of ` this contract for the failure on its part to supply water to the said party j G of the second part, growing out of any breakages, accident or injury of any kind occuring to the water wins, waterworks, or any part of the water system of sa id City of Highland Park, nor shall it be liable or held accountable under this agreement for any failure to supply water growing out of lack of fu ©l to operate its pumping works occasioned' either by accident, the act Y° of the'elements, strikes, riots, or a public enemy,-but the City.of.Highland Park expressly - covenants and agrees, to repair with all due diligence and possible speed any and all of such breakages, and to use reasonable diligence to procure fuel in event of any lack of�fuel. TMTFEM: -- In case either party hereto shall be prohibited from performing any of the provisions of this contract by reason of any injunction served upon the party so prohibited, then and in that case the time during i which such injunction shall be in force shall not be counted, provided how- ever, that the party so enjoined shall use all due diligence to have the said injunction or injunctions dissolved. No damages shall be recovered_ against either party hereto for a failure to perform any of the provisions of this contract, if such failure shall result from such injunction and such due diligence shall be used to dissolve the same as aforesaid. This contract is-made and executed in duplicate in pursuance of a resolution of the City Council of the City of Highland Park, adopted on the bth day of November A. D. 1912, authorizing the execution of the same, and in pursuance of a like resalution of the President. and Board of Trustees of said Village of Deerfield, adopted on the 4th day of,Noveaber A. D. 1912. IN WITNESS WHK=F, The said City of Highland Park has caused these presents to be signed by its Mayor, countersigned by its City Clerk, and Attested by its corporate seal; and the said Village of Deerfield, has caused these presents to be signed by its-President, countersigned by its Village Clerk, and attested by its corporate.seal, all on the day - -and year first above written. .1 % t Attest. �. City Clerk Vjjjage _pf Deerfield. Attest. By erk y ids' f `l