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Resolution 2024-17 202400005340 DEBBIE GILLETTE RECORDER- KENDALL COUNTY, IL RECORDED: 05/15/2024 11:58 AM RECORDING FEE 57.00 PAGES: 15 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS RESOLUTION NO. 2024-17 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 9th day of April, 2024 Prepared by and Return to: United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on May 15, 2024. Resolution No. 2024-17 RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 WHEREAS,the United City of Yorkville,Kendall County, Illinois,is an Illinois municipal corporation (the "City"), and Yorkville Community Unit School District No. 115 is an Illinois school district (the "School District") (collectively the "Parties"); and WHEREAS, the Constitution of the State of Illinois of 1970,Article VII, Section 10, and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., (collectively, the "Authority") authorize units of local government and school districts to contract or otherwise associate amongst themselves to obtain or share services and to exercise, combine, or transfer any power or function in any manner not prohibited by law; and WHEREAS, with the City's growth projected to outpace the supply of fresh water available from the City's underground aquifers, the City is in the process of engineering and constructing a pipeline to obtain its water supply from Lake Michigan; and WHEREAS,the City has now been advised by the City engineers that during construction of the pipeline, the City must provide for interim water supply capacity and a raw watermain to the City's water treatment facility until Lake Michigan water is accessible; and, once the City has accessed the new water source, the City shall require a well and the connection to the raw watermain as a back-up to its system; and WHEREAS, it has been determined that the best location for a well to provide the needed interim water supply and the future back up for the City's water system is on property owned by the School District; and WHEREAS,the School District is prepared to convey a permanent easement to permit the construction of the well to be known as Well 10 and the construction of the raw watermain from Well 10 to the City's water treatment facility located at 610 Tower Lane, Yorkville (collectively the "Project"), and a temporary easement to permit access to the area of the Project for purposes of construction, maintenance, repair or replacement; and WHEREAS, the City has determined that it is in the best interest of its residents to enter into an Intergovernmental Agreement to set forth the terms and conditions of the Project and Resolution No. 2024-17 Page 1 related easements, attached hereto as Exhibit"A", in furtherance of the stated goals and desires set forth above. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated herein. Section 2. An Intergovernmental Agreement between the United City of Yorkville and the Board of Education of Yorkville Community Unit School District No. 115, in the form attached hereto and made a part hereof, is hereby approved; and the Mayor and City Clerk are hereby authorized to execute said Agreement. Section 3. That this Resolution shall be in full force and effect from and after its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 9th day of April, A.D. 2024. eoicad I CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this IEIay of A1D11 I , A.D. 2024. MAYOR Resolution No. 2024-17 Page 2 Attest: IT CLERK Resolution No. 2024-17 Page 3 INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement("Agreement') is entered into as of the last date written in the signature block by and between the United City of Yorkville, Kendall County, Illinois, an Illinois municipal corporation (the "City"), and the Board of Education of Yorkville Community Unit School District No. 115, an Illinois school district (the "School District'), with the foregoing parties referred to collectively as "Parties" or individually as a "Party". RECITALS WHEREAS, Article VII, Section 10 of the Constitution of the State of Illinois of 1970 authorizes units of local government to contract and associate among themselves to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq., as amended, provides that any power or powers, privileges, functions, or authority exercised or which may be exercised by a public agency of this State may be exercised, combined, transferred, and enjoyed jointly with any other public agency of this State; and WHEREAS, the City was advised by the City Engineers that its water supply drawn from the aquifers below the City surface would only sustain the needs of the City and its continuing growth for a very limited time; therefore, the City immediately began an extensive investigation of alternative water sources in order to service the needs of its residents and businesses for the long term; and WHEREAS, after reviewing several engineering studies and undertaking a thorough analysis of several alternative water sources and the cost and time to connect to a new source, it was determined to be in the best interests of the City to obtain its water supply from Lake Michigan through the DuPage Water Commission; whereupon, the City mapped a route for a pipeline connecting its water system to the DuPage Water Commission and applied for and received an allocation of Lake Michigan Water from the Illinois Department of Natural Resources; and WHEREAS,the City has now been advised by the City engineers that during construction of the pipeline,the City must provide for interim water supply capacity and a raw watermain to the City's water treatment facility until Lake Michigan water is accessible; and, once the City has accessed the new water source , the City shall require a well and the connection to the raw watermain as a back-up to its system; and 1 WHEREAS, it has been determined that the best location for a well to provide the needed interim water supply and the future back up for the City's water system is on property owned by the School District; and,the School District is prepared to convey a permanent easement to permit the construction of the well to be known as Well 10 and the construction of the raw watermain from Well 10 to the City's water treatment facility located at 610 Tower Lane, Yorkville(collectively the"Project"), and a temporary easement to permit access to the area of the Project for purposes of construction, maintenance, repair or replacement, all in accordance with the terms and conditions hereinafter set forth. NOW,THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Parties agree as follows: Section 1. Incorporation of Recitals. The Recitals set forth above are an integral part of this Agreement and by this reference are incorporated herein. Section 2. The School District hereby affirms its authority to make conveyances of the easements as hereinafter provided to the City for the purpose of constructing, maintaining, repairing and replacing the Project or parts thereof ; and, the City hereby affirms its authority to accept the conveyances and to make the commitments to the School District, as hereinafter provided. Section 3. The School District hereby conveys to the City the Easement as depicted and legally described on the Grant of Easement attached hereto as Exhibit A(the "Easement") and a temporary construction Easement as depicted by the shaded area in the Grant of Easement (the "Temporary Easement") which Easement and Temporary Easement to permit the construction, maintenance, repair and replacement of the Project. Section 4. A. The City agrees to restore the area of the Easement and the Temporary Easement after the construction of the Project or any part thereof anytime access to the Easement is required for maintenance, repair or replacement of the Project or any part thereof , to same condition of the area as it was prior to any work performed by the City. 2 B. The City and the School District shall reasonably cooperate in coordination of the work to complete the construction of the Project so as to minimize any adverse impact on the School District's use of its property during the course of the construction and shall provide the School District with the construction schedule, as may be revised from time to time, in order to give the School District reasonable advance notice of any planned activities on the School District's property that may affect the School District's conduct of its normal activities and use of its property. C. No equipment, machinery, or materials shall be brought or permitted to come onto or remain on any portion of the School District's property other than the Easement area and the Temporary Easement area depicted in Exhibit A unless required to undertake the Project. The City shall not permit any accumulations of debris, waste, or garbage resulting from any work or related to the Project at any time. D. The School District shall have the right to use its property at any time for any purpose which does not unreasonably interfere with the Easement or the Temporary Easement. Notwithstanding anything herein to the contrary, the School District, its officers or employees shall not enter the Easement or the Temporary Easement area during any period of construction, maintenance, repair, or replacement without being accompanied by a City representative and complying with all applicable workplace safety protocols. E. The City shall perform, and shall require its employees, agents, and contractors to perform, their work on the Project at all times in a safe and sound manner so as to avoid any damage to the School District's property, and in accordance with all applicable laws, rules, regulations and ordinances, including the payment of Prevailing Wages in accordance with the Prevailing Wages Act. Section 5. The City shall defend, indemnify, and hold harmless the School District, its Board of Education, officers, employees, and agents against and from any and all liabilities, claims, losses, costs, damages and expenses of every nature whatsoever, including without limitation reasonable attorneys'fees, suffered, incurred or sustained by anyone of them, including without limitation liabilities for the death of or injury to any person or the loss, destruction or theft of or damage to any property, relating directly or indirectly to, or arising from the Project. Such 3 obligation, however, shall not extend to any act, negligence, or misconduct by any of the aforesaid indemnified parties. Section 6. The City shall keep in full force and effect at all times general public liability insurance, Workers' Compensation insurance, and such other types of insurance with coverage in amounts as currently held by the City and shall name the School District, its Board of Education, officers, employees and agents as additional insureds on any such insurance, to be evidenced by a Certificate of Insurance delivered to the School District. The City shall require any contractor(s) or subcontractor(s) performing any of the work on the Project to obtain and keep in full force and effect and for so long as any claim relating to the Project legally may be asserted, all insurance coverage as mandated by the City's Code. Section 7. The term of this Intergovernmental Agreement shall be in full force and effect as of its execution and run with the land. The City shall have the sole responsibility to record the Grant of Easement after its approval by the Parties hereto. Section 8. Notices to the parties shall be in writing and delivered by personal service or by the U.S.P.S. certified or registered mail, postage prepaid, to the parties at the following addresses: If to the City: United City of Yorkville 651 Prairie Pointe Dr. Yorkville, IL 60560 Attn: City Administrator With a copy to: Kathleen Field Orr, City Attorney Ottosen DiNolfo Hasenbaig & Castaldo, Ltd. 1804 N. Naper Boulevard, Suite 350 Naperville, Illinois 60563 If to the School District: Yorkville Community Unit School District No. 115 800 Game Farm Road Yorkville, IL 60560 Attn: Superintendent 4 With a copy to: Hodges, Loizzi, Eisenhammer, Rodick & Kohn Attn: Kerry B. Pipal 500 Park Blvd., Suite 1000 Itasca, Illinois 60143 Either party may change the address for notices to such party by giving written notice to the other party. Notice given by personal service shall be effective upon the dated delivered notice, if delivered or the date of attempted delivery, if refused. Notice given by mail shall be effective on the third business day following the posting. Section 9. This Intergovernmental Agreement may be executed in counterparts. Section 10. This Intergovernmental Agreement contains the entire understanding of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, and merged herein. This Agreement may be modified only by written instrument executed by the Village and the District. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized on the above date at Yorkville, Illinois. United C.` •f Yorkville, Kendall County, Illinois, a muni• p lh,4 •rporation litBy: Mayor Attest: ity Jerk Board of Education of Yorkville Community Unit School District No. 115, Kendall and Kane Counties, Illinois By: President 5 Attn: Kerry B. Pipal 500 Park Blvd., Suite 1000 Itasca, Illinois 60143 Either party may change the address for notices to such party by giving written notice to the other party. Notice given by personal service shall be effective upon the dated delivered notice, if delivered or the date of attempted delivery, if refused. Notice given by mail shall be effective on the third business day following the posting. Section 9. This Intergovernmental Agreement may be executed in counterparts. Section 10. This Intergovernmental Agreement contains the entire understanding of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, and merged herein. This Agreement may be modified only by written instrument executed by the Village and the District. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized on the above date at Yorkville, Illinois. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: Mayor Attest: City Clerk Board of Education of Yorkville Community Unit School District No. 115, Kendall and Kane Counties, Illinois By: President 5 This Pa3-e i s n trv1-m ll y ie bl a r�it 6 STATE OF ILLINOIS ) ) ss County of Lasalle- I, ) the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY, that Sbhrl PL4r!t I) the Mayor of United City of Yorkville, Yorkville, Illinois, a municipal corporation is 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/she signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, this I5 'day of +Pr I 2024. "Official Seal" JORI MARIE BEHLAND Notary Public,State of Illinois My Commission Expires 10/16/2024 I Not Public My Commission expires: I D j 11e/aoa y 7 STATE OF ILLINOIS ) � � � � ) ss County of 'r` `s �) ) I, the undersigned, a Notary P blic inand for said County in the State aforesaid, DO HEREBY CERTIFY, that Df a.V ( :Ma)41(6 President of Board of Education of Yorkville Community Unit School District#115, Yorkville, Illinois, is 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/she signed, sealed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand and official seal, thi day of 9r' 1 1 2024. I "Official Seal" CA1 HER INF R ANDERSON No,ar, Public,State of IllinoiaLIAVAVLO My Commission Expires I10/05/2025 Notary Public My Commission expires: 1 OIIslas 7 • Tin; s 7q le is i n-ierrha-vra Il� I e Ft bJa nk 2 EXHIBIT A Grant of Easement 9 Plat Of: 202400005341 DEBBIE GILLETTE RECORDER - KENDALL COUNTY, IL RECORDED: 05/15/2024 11:58 AM RECORDING FEE 92.00 PAGES: 3 FLAT26-47 THRU FLAT26-48 Easement For--MAy'aV,, /c�u'i t� c'iLVi 4� �A YnY`F1Uh.l�y �b11�- sc� (. S' c' ,N 4 // 5- Date: 5-115- fRZ Lega I: P+ S E 11q a- w Vctg- i T 3 �T !J iP F-- .3',��., Flat File: a6� 300 0 o d-- da - Al- �sl Oo 9, ©d Iq— y- 60, Kendall County 202400005341 Page 1 of 3 E.T.�Ee. a.xEe E.,aEx,.eE.= GRANT OF EASEMENT — TO THE UNITED CITY OF YORKVILLE N.T e.NErveE.Em ma , _ N«Ta KENDALL COUNTY, ILLINOIS �a - _ PART Oi THE SOUTHEAST 1/4 AND SOUTHEAST 1/4 OF SECTION 29. E TOWNSHIP ]] NORTH, RANGE ] EAST OF TIIE THIRD PRINCIPAL —WAN, C n ooe 'v�' I IN THE UNITED CITY OF YORKl-. 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