R-248-93 Resolution Approving Water Connection Agreement for Property at 195W. 127th St. (Eye Care Clinic)RESOLUTION Ale
RESOLUTION APPROVING WATER CONNECTION
AGREEMENT FOR PROPERTY AT
195 W. 127TH STREET
(EYE CARE CLINIC)
WHEREAS, the property at 195 W. 127th Street is connected to the Village Water
System via a service line connection to an adjacent property; and
WHEREAS, a water main is not available for connection along the right -of-way of
subject property; and
WHEREAS, it is in the best interest of the Village to insure proper connection to
the public water system upon its availability.
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
that the attached Water Connection Agreement be approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE GE OF LEMONT COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS,
on this a. day of jr, , 199.3 -
Kenneth Bromberek
Barbara Buschman
Bert Ercoli
Richard Kwasneski
William Margalus
Ralph Schobert
Attesi:
AYES NAYS PASSED ABSENT
✓
V
CHARLENE M. SMO LEN, Village Clerk
KWASNESKI, President Pro -Tem
WATER CONNECTION AGREEMENT
WHEREAS, JAMES T. DAY is the owner of a parcel of real estate
(hereinafter referred to as the subject property) which is improved
with a commercial building commonly known as 195 W. 127th Street,
Lemont, Illinois 60439 and legally described as follows:
Lot 2 in Lemont Highlands Subdivision of the South 372.50
feet of the East half of the South West quarter of
Section 29, Township 37 North, Range 11, East of the
Third Principal Meridian, according to the Plat thereof
recorded March 16, 1949, as Document No. 14513964, in
Cook County, Illinois.
Permanent Index Number: 22 -29- 309 -012
WHEREAS, the subject property is currently being serviced by
a connection to the Lemont Public Water Supply across private
property pursuant to a License Agreement dated July 29, 1992,
between WILLIAM OLSICK and JAMES T. DAY, a copy of which Agreement
is hereby attached and made a part hereof; and
WHEREAS, the Village of Lemont has consented to such
connection and License Agreement subject to the terms and
conditions of this Agreement.
NOW, THEREFORE, in consideration for the mutual promises,
covenants and undertakings, the parties agree as follows:
1. CURRENT CONNECTION. The Village of Lemont agrees to allow
the current connection to the Village water system until public
water service is available. The availability of public water
service shall mean the existence of a Village water main within the
public right of way adjacent to the subject property. When service
is available to the subject property, Dr. JAMES T. DAY, his heirs,
assigns and successors shall be required to connect to said water
system within twelve (12) months and shall pay all costs including
connection and recapture fees if any.
2. TERMINATION. In the event the OLSICK /DAY Agreement is
terminated, or the current water distribution connection system is
disrupted, DAY, his successors, heirs and assigns shall be required
to construct a private well or connect to the public water supply
system if available.
3. COVENANT RUNNING WITH THE LAND. JAMES T. DAY further
agrees that the connection to the water system and the terms of
this Agreement constitute a covenant running with the land and
shall be binding upon any successors in interest.
4. WATER BILLING. During the terms of this Agreement, JAMES
T. DAY, his successors, heirs and assigns hereby agree to pay all
current billings due the Village of Lemont and provide access to
the property and the right of entry to the structure for any
service or shut off that may be required.
5. ENFORCEMENT. JAMES T. DAY, his successors, heirs and
assigns acknowledge that a breach of the provisions of this
Agreement could cause irreparable injury for which no adequate
remedy at law exists. Accordingly, in the event of a breach of any
of the covenants set forth in this Agreement, both parties agree
that the Village shall be entitled to equitable relief without the
necessity of posting bond including without limitation, entry of
temporary, preliminary and permanent injunctions. Such remedies
shall, however, be cumulative and not exclusive and shall be in
addition to any other legal or equitable remedy to which the
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Village may be entitled. Any costs or fees including engineering
and /or attorney's fees which may be incurred in connection with
enforcing the terms of this Agreement shall be paid by JAMES T.
DAY, his successors and /or assigns.
6. NOTICE. Any notice required or permitted to be given
under this Agreement shall be sufficient if in writing and if sent
by mail, postage prepaid, addressed to the party for whom intended
at the following address (or such other address) as a party may
designate by written notice to the other party:
TO VILLAGE:
Village of Lemont
418 Main Street
Lemont, Illinois 60439
TO PROPERTY OWNER:
James T. Day,
or current occupant
195 West 127th Street
Lemont, Illinois 60439
Any such notice shall be deemed effective on the third (3rd)
business day after its mailing.
7. SEVERABILITY. In the event that any provision or part
thereof in this Agreement shall be finally determined by any court
of proper jurisdiction to be invalid or unenforceable as set forth
herein, and if such determination is upheld on appeal or no appeal
from such determination is taken, then the parties hereto agree
that they shall amend and modify such provision or part thereof to
restrict the duration, area, scope or other terms to the minimum
extent required to make the provision or part thereof valid and
enforceable and further hereby consent to the entry of an order so
restricting said provision or part thereof. If any provision or
part thereof in the Agreement shall be held invalid, the remainder
of the Agreement shall continue in full force and effect.
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8. MISCELLANEOUS.
a) Controlling Law. This Agreement shall be governed by
and interpreted, construed and enforced in accordance with the
laws of the State of Illinois.
b) Entire Agreement. This instrument contains the
entire Agreement of the parties with respect to its subject
matter and may not be changed orally but only by an Agreement
in writing signed by the parties hereto.
c) Failure to Enforce. The failure of either party to
enforce any of the provisions of this Agreement shall not be
construed as a waiver of such provisions. Further, any
express waiver of a breach of any provision hereunder by any
party shall not constitute a waiver of any prior or subsequent
breach or of such party's right to fully enforce thereafter
each and every provision of this Agreement.
d) Headings. All number and headings of paragraphs in
this Agreement are for convenience of reference only and are
not intended to qualify, limit or otherwise affect the meaning
or interpretation of this Agreement.
IN WITNESS WHEREOF, WE THE UNDERSIGNED, HAVE EXECUTED THIS
AGREEMENT AS OF THIS day of ,,JA1' L
VILLAGE OF LEMO
BY:
TITLE:
4 ATTEST:
Village Clerk
STATE OF ILLINOIS
SS.
COUNTY OF
I, the undersigned, a Notary Public in and for said County, in
the State aforesaid, DO HEREBY CERTIFY that JAMES T. DAY personally
known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person, and
acknowledged that he signed, sealed and delivered the said
instrument as his free and voluntary act, for the uses and purposes
therein set forth.
Given under my hand and official seal, this q day of
, X992. 1993
" OFFICIAL b�f'),.
MARY D. SOMERVILLE
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES 6/5/93
STATE OF ILLINOIS
SS.
COUNTY OF COOK
I, the undersigned, a Notary Public in and for said County, in
the State aforesaid, DO HEREBY CERTIFY that Charlene Smollen, the
Clerk of the Village of Lemont, personally known to me to be the
same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person, and acknowledged that she
signed, sealed and delivered the said instrument as her free and
voluntary act, for the uses and purposes therein set forth.
% Given under my hand and official seal, this' day of
411COar , 1992.
(SEAL)
A. .It . i
orr
Notary Publi
This Document Prepared By:
Antonopoulos, Virtel & Groselak, P.C.
15419 127th Street, Suite 100
Lemont, Illinois 60439
(708) 257 -5816
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DATE RECEIVED
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ADMIN.
JUL- 24- 12 M'=3:46 F-KUN U ' t b r , l tN, U ' KUUKK . I U
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LICENSE AGREEXENT FOR ACCE9$ TO WATER SERVICE
This License Agreement for Access to Water Services is made
between William Olsick (hereinafter referred to as "Licensor ")
and James T. Day, O.D. of Chicago, Illinois (hereinafter referred
to as "Licensee ").
The following recitals of fact are a part of this
instrument:
A. The Licensor represents and warrants to the Licensee
that he is a beneficiary of and holds sole power of direction
over Marquette National Bank, as Trustee under Trust Agreement
dated May 8, 1979 and known as Trust No. 8998 (the "Land Trust ")
and the Land Trust holds legal title in fee to a tract of land
which is commonly known as 1180 State Street, Lemont, Illinois,
Permanent Real Estate Tax Index Number: 22- 29- 309 -016.
B. The Licensee represents and warrants to Licensor that
he is the owner in fee of a tract of land which abuts Olsick's
Lot along Olsick's Lot's westerly boundary, and which is commonly
known as 195 West 127th Street, Lemont, Illinois, Permanent Real
Estate Tax Index Number: 22 -39 -30 -012.
C. Day's Lot is improved with a residential structure
which is being converted into offices suitable to professional
practices including Licensee's optometry practice, and Olsick's
Lot is improved•with a structure from which is operated a Century
21- 0lsick Real Estate office. Olsick's Lot has direct access to
water service from the Village of Lemont which service is
available to Olsick's Lot from its eastern boundary.
D. Licensee acquired Day's Lot on or about December 9,
1991 at which time Grantee was unaware of the source of water
servicing Day's Lot. After investigation it was discovered that
the water service to Day's Lot originated from the interior of
tine structure on Olsick's Lot from a Village of Lemont metered
line (running off of the line servicing Olsick's Lot) which
exited the structure on Olsick's Lot with the pipeline running
underground easterly and westerly from the structure on Olsick's
Lot to the easterly line of Day's Lot and thence under Day's Lot
to the structure on it.
E. Upon informing the Village of Lemont that water service
to Day's Lot was as described above, the Village shut off the
supply of water to Day's Lot at the meter located on Olsick's
Lot, but the Village has subsequently indicated that it will
consent to water service to Day's Lot as it existed provided
Grantor consents to such service by execution and delivery of
this agreement.
F. Licensor wishes to grant and Licensee desires to
receive a license for the purpose of affording Village of Lemont
water service to Day's Lot from and through Olsick's Lot.
Now, therefore, in consideration of Ten and no /100th Dollars
($10.00) and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the following
agreements are made:
1. LICENSE. The Licensor hereby grants to the Licensee,
his heirs and assigns, a license to use that portion of Olsick's
Lot through which Village of Lemont water service is currently
provided to Day's Lot from Olsick's Lot for access to water
service to Day's Lot.
2. LICENSE USE. Use of the water service license rights
hereby conferred is limited to the current Village of Lemont
water service facilities as now installed with the right to keep,
repair and maintain such facilities to the extent reasonably
necessary to continue such service in operation and /or as
required from time to time by the Village of Lemont.
3. SAINTENANCE. Licensee shall be solely responsible at
his own expense to maintain the water service pipes and related
service equipment in good condition and repair (to the extent
such expenses are not borne by the Village of Lemont). Any such
repairs or maintenance shall be made only after prior notice to
Licensor and shall be done in such a manner as to cause minimum
disturbances of Licensor in the use and enjoyment of Olsick's
Lot, and Licensee shall upon completing such repairs at
Licensee's sole expense return Licensor's premises to the same
condition and state as such existed prior to Licensee's acts.
4. ANNUAL FED. Beginning with August 1, 1993 and on said
date each year thereafter, Licensee shall pay to Licensor the sum
of Ten and no /100ths Dollars ($10.00) as a fee for the following
year's license rights. In the event this license is terminated
by either party there shall be no proration of the annual license
fee.
5. TERMINATION. This license shall be terminable upon
sixty (60) days written notice by either party.
6. NOTICE. Licensor's address is 1180 State Street,
Lemont, Illinois and Licensee's address is 195 W. 127th Street,
Lemont, Illinois. Either party may lodge written notice of
change of address with the other. All notices shall be sent by
U.S. mail, certified and return receipt requested, to the
addresses provided for in this paragraph and shall be deemed
given when placed in the mail. The affidavit of the person
depositing the notice in the U.S. Post Office receptacle shall be
evidence of such mailing.
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' JUL-24-1992 609:49 FROM O'BRIEN, O'ROIURKE
TO 17085983751 P. 04
7. ► ► . • �. • BURDENE.. All provisions of
this instrument, including the benefits and burdens, run with the
land and are binding upon and inure to the heirs, assigns,
successors, tenants and personal representatives of the parties
hereto.
IN WITNESS WFiERgOF, Licensor and Licensee have hereunto set
their hands this W.T''`` day of -"F t L / , 1992.
LICENSOR:
G/AKe4(__
William Olsick James
LICENSEE:
WEM:id
license.agr