Resolution 2024-47 Resolution No. 2024-47
A RESOLUTION AUTHORIZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT CONCERNING DEVELOPMENT OF
CONNECTION FACILITIES TO IMPLEMENT WATER SERVICE BY AND
BETWEEN THE VILLAGE OF MONTGOMERY,THE VILLAGE OF OSWEGO, THE
UNITED CITY OF YORKVILLE, AND THE DUPAGE WATER COMMISSION
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City'), the
Village of Oswego ("Oswego") and the Village of Montgomery ("Montgomery") are duly
organized units of government of the State of Illinois within the meaning of Article VII, Section
10 of the 1970 Illinois Constitution (collectively, the "WaterLink Communities"); 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.,authorize units of local government
to contract or otherwise 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; and
WHEREAS, the DuPage Water Commission (the "Commission") is a county water
commission and public corporation under Division 15 of Article 11 of the Illinois Municipal Code,
65 ILCS 5/11-135-1 et seq. and the Water Commission Act of 1985, 70 ILCS 3720/0.01 et seq.;
and
WHEREAS, the Commission has been organized under the Acts to supply water within
its territorial limits; and
WHEREAS,the WaterLink Communities currently own and operate municipal drinking
water systems served by wells that extract source water from the Ironton-Galesville aquifer;
and
WHEREAS, the WaterLink Communities are within the territorial limits of the
Commission; and
Resolution No. 2024-47
Page 1
WHEREAS, the WaterLink Communities intend to change from the Ironton-Galesville
groundwater source to Lake Michigan source water, through water purchase and sale
agreements with the Commission, and have applied for and been awarded Lake Michigan Water
Allocation Permits from the State of Illinois Department of Natural Resources, Office of Water
Resources for each discrete and non-contiguous service area served by each WaterLink
Community's Unit System; and
WHEREAS, the WaterLink Communities have conducted extensive study and have
concluded that the most sustainable alternative water source to serve the WaterLink
Communities through the municipal waterworks systems currently serving the WaterLink
Communities, as well as any extensions or improvements of those systems, is Lake Michigan
water from the Commission; and
WHEREAS, the Commission owns and maintains a waterworks system as a supplier of
Lake Michigan water to member customers that contract for such service ("Commission's
Waterworks System"); and
WHEREAS, the WaterLink Communities seek to connect their individual Unit Systems
to the Commission's Waterworks System; and
WHEREAS, beginning in 2028 the WaterLink Communities seek to have completed
the improvements to certain of their WaterLink Communities' individual Unit Systems
necessary to connect to the Commission's Waterworks System (the "Connection Facilities");
and
WHEREAS, the Commission has entered into a water supply contract with the City of
Chicago to purchase Lake Michigan water sufficient to meet the water supply needs of the
Commission and its customers ("Water Supply Contract"); and
Resolution No. 2024-47
Page 2
WHEREAS,the Commission's Water Supply Contract with the City of Chicago is set to
expire in 2041 and the Commission is currently: (1) exploring an alternative solution to obtaining
Lake Michigan water; and(2) in discussions and negotiations with the City of Chicago for a new
Water Supply Contract; and
WHEREAS, the construction of certain improvements to the Commission's
Waterworks System will enable the WaterLink Communities to provide water to the Individual
Unit Systems (the "Improvements"); and
WHEREAS, to carry out their duties and responsibilities, and desiring to create a
method of providing an adequate supply of Lake Michigan water to the Individual Unit
Systems, the Commission and the WaterLink Communities, contemporaneously with this
Agreement, are entering into a Water Purchase and Sale Contract dated October 17, 2024 (the
"Water Purchase Agreement"); and
WHEREAS, it is in the best interests of the Commission and the WaterLink
Communities to coordinate and implement the supply of Lake Michigan water to the Individual
Unit Systems in accordance with the Water Purchase Agreement; and
WHEREAS,the Commission and the WaterLink Communities desire to set forth their
understanding regarding such coordination and implementation in an Intergovernmental
Agreement Concerning Development of Connection Facilities to Implement Water Service,
substantially in the form attached hereto as Exhibit A; and
WHEREAS, the matters set forth in this Agreement will serve the public interest and
assure that the residents of the Individual Unit Systems are provided safe water to the greatest
extent possible; and
WHEREAS, contemporaneously with this Agreement, the WaterLink Communities
Resolution No. 2024-47
Page 3
and the Commission are entering into other agreements including but not limited to a WaterLink
Project Escrow Intergovernmental Agreement to fund the construction of the Connection
Facilities; and
WHEREAS, the WaterLink Communities have previously agreed to each
Municipality's percentage share of the Connection Facilities Cost pursuant to an
Intergovernmental Cost Share Agreement (the "Cost Share Agreement"). The WaterLink
Communities agree that the costs paid for the Connection Facilities will mirror the Division of
Financial Responsibilities/Allocation of Costs set forth in the Cost Share Agreement; and
WHEREAS, the parties deem it to be in their best interests to approve this
Intergovernmental Agreement Concerning Development of Connection Facilities to Implement
Water Service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, as follows:
Section 1. That the recitals set forth above are incorporated here by reference.
Section 2. The Mayor and City Council hereby approve the Intergovernmental Agreement
Concerning Development of Connection Facilities to Implement Water Service, and the Mayor
and City Clerk are authorized and directed to execute on behalf of the United City of Yorkville the
Intergovernmental Agreement Concerning Development of Connection Facilities to Implement
Water Service, substantially in the form attached as "Exhibit A."
Section 3. All Resolutions or parts of Resolutions in conflict with any of the provisions of
this Resolution shall be, and the same hereby repealed to the extent of the conflict.
Section 4. This Resolution and every provision thereof shall be considered severable. If any
section,paragraph, clause or provision of this Resolution is declared by a court of law to be invalid
or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity of any
other provisions of this Resolution.
Section 5. This Resolution shall be in full force and effect from and after its passage and
approval in the manner provided by law.
Resolution No. 2024-47
Page 4
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
8tn day of October, A.D. 2024.
CI Y 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
thisq_day of 01(/ b(,r , A.D. 2024.
MAYOR
Attest:
IT CLERK
Resolution No. 2024-47
Page 5
INTERGOVERNMENTAL AGREEMENT CONCERNING DEVELOPMENT OF
CONNECTION FACILITIES TO IMPLEMENT WATER SERVICE
This Intergovernmental Agreement, (the "Agreement") is dated the 171" day of October,
2024 (the "Effective Date"), by and between the Village of Montgomery ("Montgomery"), the
Village of Oswego ("Oswego"), and the United City of Yorkville ("Yorkville") (Oswego,
Montgomery, and Yorkville are collectively referred to herein as the "WaterLink Communities")
and the DuPage Water Commission, (the "Commission") a county water commission and public
corporation under Division 135 of Article 11 of the Illinois Municipal Code, 65 ILCS 5/11-135-1
et seq., and the Water Commission Act of 1985, 70 ILCS 3720/0.01 et seq. (the "Acts").
WITNESSETH:
WHEREAS,the Commission has been organized under the Acts to supply water within its
territorial limits; and
WHEREAS, the WaterLink Communities currently own and operate municipal drinking
water systems served by wells that extract source water from the Ironton-Galesville aquifer; and
WHEREAS, the WaterLink Communities are within the territorial limits of the
Commission; and
WHEREAS, the WaterLink Communities intend to change from the Ironton-Galesville
groundwater source to Lake Michigan source water, through a water purchase agreement with the
Commission, and have applied for and been awarded a Lake Michigan Water Allocation Permit
("Permit") from the State of Illinois Department of Natural Resources, Office of Water Resources
for each discrete and non-contiguous service area served by each WaterLink Community's Unit
System; and
WHEREAS, the WaterLink Communities have conducted extensive study and concluded
that the most sustainable alternative water source to serve the WaterLink Communities through
the municipal waterworks systems currently serving the WaterLink Communities, as well as any
extensions or improvements of those systems is Lake Michigan water from the Commission; and
WHEREAS, the Commission owns and maintains a waterworks system as a supplier of
Lake Michigan water to member customers that contract for such service ("Commission's
Waterworks System"); and
WHEREAS, the WaterLink Communities seek to connect to their individual Unit Systems
to Lake Michigan through the Commission; and
WHEREAS, beginning in 2028 the WaterLink Communities seek to have completed the
improvements to certain of their WaterLink Communities' individual Unit Systems necessary to
connect to the Commission's Waterworks System (the "Connection Facilities"); and
WHEREAS, the Commission has entered into a water supply contract with the City of
Chicago to purchase Lake Michigan water sufficient to meet the water supply needs of the
Commission and its customers ("Water Supply Contract"); and
WHEREAS, the Commission's Water Supply Contract with the City of Chicago is set to
expire in 2041 and the Commission is currently: (1) exploring an alternative solution to obtaining
Lake Michigan water; and (2) in discussions and negotiations with the City of Chicago for a new
Water Supply Contract; and
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WHEREAS, the construction of certain improvements to the Commission's Waterworks
System will enable the WaterLink Communities to provide water to the Individual Unit Systems
(the "Improvements"); and
WHEREAS, to carry out their duties and responsibilities, and desiring to create a method
of providing an adequate supply of Lake Michigan water to the Individual Unit Systems, the
Commission and the WaterLink Communities, contemporaneously with this Agreement, are
entering into a Water Purchase and Sale Contract dated October 17, 2024 (the "Water Purchase
Agreement"); and
WHEREAS, it is in the best interests of the Commission and the WaterLink Communities
to coordinate and implement the supply of Lake Michigan water to the Individual Unit Systems in
accordance with the Water Purchase Agreement; and
WHEREAS, the Commission and the WaterLink Communities desire to set forth their
understanding regarding such coordination and implementation in this Agreement; and
WHEREAS,the matters set forth in this Agreement will serve the public interest and assure
that the residents of the Individual Unit Systems are provided safe water to the greatest extent
possible; and
WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the
provisions of the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and other applicable
authority, the Commission and the WaterLink Communities are authorized to enter into this
Agreement; and
WHEREAS, contemporaneously with this Agreement, the WaterLink Communities and
the Commission are entering into other agreements including but not limited to a WaterLink
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Project Escrow Intergovernmental Agreement to fund the construction of the Connection Facilities
(the "WaterLink Escrow Agreement"); and
WHEREAS, the WaterLink Communities have previously agreed to each Municipality's
percentage share of the Connection Facilities Cost pursuant to an Intergovernmental Cost Share
Agreement(the "Cost Share Agreement"). The WaterLink Communities agree that the costs paid
for the Connection Facilities will mirror the Division of Financial Responsibilities/Allocation of
Costs set forth in the Cost Share Agreement. Specifically, Montgomery commits and agrees to
pay 24.42%, Yorkville commits and agrees to pay 40.22%and Oswego commits and agrees to pay
35.36%. The Commission is not a party to the Cost Share Agreement and has no responsibility or
liability as to any true-up or adjusted accounting between the WaterLink Communities.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and
agreements hereinafter set forth, the Commission and the WaterLink Communities hereby agree
as follows:
SECTION 1. INCORPORATION OF PREAMBLES AND DEFINITIONS FROM
WATER PURCHASE AGREEMENT
The foregoing recitals are by this reference incorporated herein and made a part hereof as
if fully set forth herein. Further, to the extent any capitalized terms in this Agreement are set forth
as a defined term in the Water Purchase Agreement, the capitalized terms in this Agreement will
have the same meaning in this Agreement as the definition in the Water Purchase Agreement.
SECTION 2. CONSTRUCTION OF IMPROVEMENTS; EXTENSION OF SERVICE
A. Description of the Connection Facilities. For purposes of this Agreement, the
Connection Facilities will include the water mains, metering station(s), and appurtenances
necessary to be built by the Commission to provide water to the WaterLink Communities,
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including portions of the Waterworks System constructed by the Commission to initially connect
the WaterLink Communities' individual Unit Systems to the Commission's existing Waterworks
System as depicted in preliminary plans attached to the Water Purchase Agreement as Exhibits B-
1 and B-2.
B. Design of the Connection Facilities. As outlined in the Water Purchase Agreement,
the Commission will be the contracting party with the design engineer and will administer the
design contract for the benefit of both the Commission and the WaterLink Communities for the
Connection Facilities. The Commission will keep the WaterLink Communities advised as to the
progress of the design work. The Commission and the WaterLink Communities will confer upon
issues regarding the details of such design work. The final design of the Connection Facilities will
be subject to the review of both the Commission and the WaterLink Communities.
C. Land Acquisition. The Commission will be responsible for the acquisition and
divestment of lands, easements, and rights of way over lands and waters necessary for the
construction, installation,removal, relocation, replacement, extension, and/or improvement of the
Connection Facilities outside the corporate limits of the WaterLink Communities and all
administrative, title, surveying, and legal fees, costs and expenses associated therewith, including,
if necessary, exercising the power of eminent domain to procure any necessary easements, which
expenses will be added to the Connection Facilities Cost amount that the WaterLink Communities
will pay the Commission. The Commission will keep the WaterLink Communities advised of all
land acquisition costs and any necessary condemnation proceedings. All land acquired and costs
associated therewith within the WaterLink Communities will be the sole responsibility of the
WaterLink Communities.
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D. Construction and Acceptance of the Connection Facilities. The Commission will
solicit bids for the construction of the Connection Facilities. The Commission's standard form of
bidding and construction contract documents will be used. The Commission will solicit, award,
and administer all contracts for the project in the best interest of both the Commission and the
WaterLink Communities and will consult with, and keep advised, the WaterLink Communities'
officials regarding the progress of the work and any problems encountered or changes
recommended. Once the winning contractor(s) and the construction costs have been determined,
the Commission will enter into a construction contract(s) with the selected contractor(s) and will
administer such construction contract(s)in conformance with this Agreement. Any change orders,
as well as final acceptance and approval of the completed Connection Facilities, will be subject to
the final approval of the Commission.
E. Connection Facilities Cost. In accordance with the WaterLink Project Escrow
Intergovernmental Agreement,the Commission,will make available in the form of a Line of Credit
to the WaterLink Communities funds needed for the Connection Facilities Cost, up to the amount
of the Commitment Amount as that term is defined therein, and the WaterLink Communities agree
to reimburse the Commission for those costs.
SECTION 3. DEFAULTS AND REMEDIES
A. Commission Defaults. The occurrence of the following will constitute a default by
the Commission under this Agreement: The failure by the Commission to observe and/or perform
any covenant, condition, and/or agreement on its part to be observed and/or performed under this
Agreement, and the continuation of said failure for thirty (30) days after the Commission's receipt
of written notice thereof from the WaterLink Communities. However, if said failure cannot be
remedied by the Commission within said thirty(30)day period, and the Commission has diligently
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pursued the resolution of the failure during said thirty (30) days, the period will be extended by
such additional time as may be reasonably required by the Commission to cure or correct said
failure. In no event will the period be extended by more than ninety (90) days. In the event of a
default by the Commission under this Agreement,the WaterLink Communities will have the same
remedies as are provided for,and only the remedies provided for,in the Water Purchase Agreement
for a default by the Commission.
B. WaterLink Communities Defaults. The occurrence of the following will constitute
a default by the WaterLink Communities under this Agreement:
1. The failure by the WaterLink Communities to observe and/or perform any
covenant, condition, and/or agreement on its part to be observed and/or performed
under this Agreement, and the continuation of said failure for thirty (30) days after
the WaterLink Communities' receipt of written notice thereof from the
Commission. However, if said failure cannot be remedied by the WaterLink
Communities within said thirty (30) day period, and the WaterLink Communities
will have diligently pursued the resolution of the failure during said thirty(30)days,
the period will be extended by such additional time as may be reasonably required
by the WaterLink Communities to cure or correct said failure. In no event will the
period be extended by more than ninety (90) days; or
2. A default by the WaterLink Communities under the WaterLink Project
Escrow Intergovernmental Agreement; or
3. A default by any of the WaterLink Communities under the
Intergovernmental Agreements with each individual WaterLink Community
Concerning Capital Cost Recovery Charge.
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In the event of one of the above defaults, the Commission will: (i) be paid its reasonable
attorneys' fees and costs incurred in connection with that default, in addition to any attorneys' fees
and costs incurred in enforcing the terms of this Agreement; (2) be entitled to the right to enforce
a lien against all income derived from the WaterLink Communities individual Unit Systems, other
than that income necessary to pay any loans to the Government of the United States, of the State
of Illinois or their agencies for the construction of the WaterLink Communities individual Unit
Systems, until the line of credit referenced in the WaterLink Project Escrow Intergovernmental
Agreement is paid back in full; and (3) will have the same remedies as are provided for in the
Water Purchase Agreements for a default by the individual WaterLink Communities.
C. Force Majeure. In case by reason of a force majeure event, a party to this
Agreement will be rendered unable wholly or in part to carry out its obligation under this
Agreement, then if such party will give notice and full particulars of such force majeure event in
writing to the other party within a reasonable time after occurrence of the event or cause relied on,
the obligation of the party giving such notice, so far as it is affected by such force majeure event,
will be suspended during the continuance of the inability then claimed, but for no longer period,
and any such party will endeavor to remove or overcome such inability with all reasonable
dispatch. The term "force majeure event" as employed in this Agreement will mean acts of God,
strikes, lockouts, or other industrial disturbances, acts of public enemy, orders of any kind of the
Government of the United States, of the State of Illinois, or of any civil or military authority,
insurrections, riots, epidemics, pandemics, landslides, lightning, earthquakes, fires, hurricanes,
storms,floods,washouts,droughts,arrests,restraints of government and people,civil disturbances,
explosions, breakage or accidents to machinery, pipelines, canals, or tunnels, partial or entire
failure of water supply, and inability on the part of the Commission or of the WaterLink
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Communities to deliver Lake Michigan water, or of the WaterLink Communities to receive Lake
Michigan water, on account of any other causes not reasonably within the control of the party
claiming such inability. The settlement of strikes and lockouts will be entirely within the discretion
of the party having the difficulty and the above requirement that any "force majeure event" will
be remedied with all reasonable dispatch will not require the settlement of strikes and lockouts by
acceding to the demands of the opposing party or parties when such settlement is unfavorable to it
in the judgment of the party having the difficulty.
SECTION 4. LEGAL RELATIONSHIPS AND REQUIREMENTS
A. Supplemental Agreement. This Agreement will be deemed to supplement the
Water Purchase Agreement in connection with the supply of Lake Michigan water to the
WaterLink Communities. If there is any other conflict or inconsistency between the terms of this
Agreement and the terms of the Water Purchase Agreement, then the terms of this Agreement will
control. The WaterLink Communities will at all times comply with all terms and conditions of the
Water Purchase Agreement except as otherwise provided in this Agreement.
B. Term of Agreement. This Agreement will continue in full force and effect from the
Effective Date until the Line of Credit is paid in full by the WaterLink Communities.
C. Cooperation and Further Agreements. The Commission and WaterLink
Communities agree to meet and cooperate in good faith throughout the term of this Agreement to
implement the letter and spirit of the provisions set forth in this Agreement.
D. Assignment. This Agreement may not be assigned by any party, in whole or in
part, without the prior written consent of the other party.
E. Notices. Any notices under this Agreement will be personally delivered, delivered
by the deposit thereof in the U. S. Postal Service, postage prepaid, registered, or certified,
return receipt requested, or by overnight courier service to the Party at the address listed below
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or at another address hereafter designated by notice or by email transmission. Any such notice
will be deemed to have been delivered and given upon personal delivery or delivery by a
nationally recognized overnight courier service, or deposit with the United States Postal
Service or upon receipt of written confirmation that facsimile or email transmission has been
successfully completed:
If to the Commission:
Paul D. May, P.E., General Manager
DuPage Water Commission
600 E. Butterfield Road
Elmhurst, IL 60126
Email: may�-dpwc.org
With a copy to:
Phillip A. Luetkehans
Luetkehans, Brady, Garner& Armstrong
2700 International Drive, Suite 305
West Chicago, IL 60185
Email: Pal'ci-1b,.;alaw.com
If to the WaterLink Communities:
Village Administrator
Village of Oswego
100 Parkers Mill
Oswego, IL 60543
Email: info-'ii%os� eoiLorg
With a copy to:
David J. Silverman
Village Attorney
Mahoney, Silverman, & Cross, LLC
126 South Main Street
Oswego, Illinois 60543
Village Administrator
Village of Montgomery
200 N River Street
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Montgomery, IL 60538
Email: zoephel@montgomeyil.org
With a copy to:
Laura M. Julien
Village Attorney
Mickey Wilson, Weiler, Renzi, Lenert, & Julien, PC
140 Municipal Drive
Sugar Grove, IL 60554
City Administrator
United City of Yorkville
651 Prairie Pointe Drive
Yorkville, IL 60560
Email: bolson@yorkville.il.us
With a copy to:
Kathleen Field Orr& Associates
Kathleen Field Orr
1804 North Naper Blvd., Ste. 350
Naperville, IL 60563
With a copy to:
Irene Schild Caminer
Caminer Law, LLC
2612 W. Sunnyside Ave.
Chicago, IL 60625
Email: Irene_cicaminerlaw.com
By notice complying with the requirements of this Section 4.E, the Commission
and the WaterLink Communities each will have the right to change the address or addressee or
both for all future notices to it, but no notice of a change of address will be effective until actually
received.
F. No Oral Agreements. No oral agreements exist by or between the Commission and
the WaterLink Communities with respect to this Agreement, nor was the making and execution of
this Agreement induced by any representation, statement, warranty, agreement, or action other
than those expressed or explicitly referenced in this Agreement.
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G. No Waiver. No course of dealing or failure of the Commission or the WaterLink
Communities to enforce strictly any term, right, or condition of this Agreement will be construed
as a waiver of such term, right, or condition. No express waiver of any term, right, or condition
of this Agreement will operate as a waiver of any other term, right, or condition.
H. No Third-Party Beneficiaries. This Agreement is entered into solely for the benefit
of the contracting parties, and nothing in this Agreement is intended, either expressly or impliedly,
to provide any right or benefit of any kind whatsoever to any person or entity who is not a party to
this Agreement, or to acknowledge, establish, or impose any legal duty to any third party.
L Governiny, Law and Venue. This Agreement will be governed by and construed
exclusively under the applicable laws, but not the conflict of laws rules, of the State of Illinois.
Venue for any litigation arising out of this Agreement will only be proper in the Eighteenth Judicial
Circuit Court, DuPage County, Illinois.
J. Counterparts. This Agreement may be executed in several counterparts, each of
which will be deemed to be an original, and all of which will constitute but one and the same
instrument. Any such counterpart may be signed by one or more of the parties hereto so long as
each of the parties hereto has signed one or more of such counterparts.
K. Authority. The person(s) executing this Agreement on behalf of the Parties hereto
warrant that: (i) such The WaterLink Communities and the Commission are duly organized and
existing; (ii) the individual signing is duly authorized to execute and deliver this Agreement on
behalf of said WaterLink Communities or the Commission; (iii) by so executing this Agreement,
such WaterLink Communities and the Commission are formally bound to the provisions and
conditions contained in this Agreement; and (iv) the entering into this Agreement by the
WaterLink Communities and the Commission does not violate any provision of any other
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agreement to which said WaterLink Communities and the Commission is bound.
L. Mutual Cooperation. The WaterLink Communities and the Commission
acknowledge that it may be necessary to execute documents other than those specifically referred
to herein in order to complete the objectives and requirements that are set forth in this Agreement.
the WaterLink Communities and the Commission hereby agree to cooperate with each other by
executing such other documents or taking such other actions as may be reasonably necessary to
complete the objectives and requirements set forth herein in accordance with the intent of the
WaterLink Communities and the Commission as evidenced by this Agreement.
M. Amendment. This Agreement is the entire agreement between the WaterLink
Communities and the Commission regarding its subject matter and may not be changed or
amended except pursuant to a written instrument signed by each Municipality and the
Commission.
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IN WITNESS WHEREOF,The WaterLink Communities and the Commission hereto have
caused their respective corporate names to'be subscribed hereto and their respective corporate seals
to be affixed hereto and attested by their duly authorized officers, all on the date set opposite their
respective corporate names.
ATTEST: DuPage Water Commission
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BY: N14�q
ATTEST: Village of Montgomery
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ATTEST: Village of Oswego
BY:
ATTEST; United City of Y vine
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