HomeMy WebLinkAboutOrdinances - ORD-14-1675 - 07/07/2014 - SANITARY SEWER PERMIT & MAINTENANCE AGRMT 1302 BORDepartment of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815)363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
ORDINANCE NO. 14-1675
AN ORDINANCE AUTHORIZING THE EXECUTION OF A SANITARY SEWER PERMIT AND
MAINTENANCE AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNICIPAL
CORPORATION AND RODNEY T. YANEZ AND SANDRA M. YANEZ
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the
passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as
granted in the Constitution of the State of Illinois.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY,
McHenry County, Illinois, as follows:
SECTION 1: The Sanitary Sewer Permit and Maintenance Agreement, bearing the date of
July 7,2014, between the City of McHenry, an Illinois Municipal Corporation and Rodney T. Yanez
and Sandra M. Yanez be and the same is hereby approved. A complete and accurate copy of said
agreement, labeled "Sanitary Sewer Service Permit and Maintenance Agreement" is attached to
this ordinance and incorporated herein by reference as Exhibit "A".
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as
Mayor and City Clerk to said Agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof
are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority
of the corporate authorities of the City of McHenry, McHenry County, Illinois.
McHenr
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone:(815)363-2170
Fax:(815)363-2173
www.ci.mchenry.il.us
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
PASSED THIS 7th DAY OF July, 2014
AYES:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
Santi,
None
None
None
None
Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon
APPROVED THIS 7th DAY OF July, 2014
ATTEST:
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone:(815)363-2170
Fax:(815)363-2173
www.ci.mchenry.il.us
Exhibit A
Sanitary Sewer Service Permit and Maintenance Agreement
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Sanitary Sewer Service Permit
and Maintenance Agreement
This Sanitary Sewer Service
Maintenance Agreement
("Agreement^ is hereby entered into
this */ day of ^
of
day
_ , 2014, by
McHenry, an
the City
Illinois Municipal
Corporation ("City") and Rodney T.
and Sandra M. Yanez, ("Owners") of
the property located at 1302 Borden
Street, legally described on attached
"Exhibit A" ("Subject Property").This space reserved for Recorder's use only.
Recitals
A. Whereas, Owners are the current titleholders of the Subject Property.
B. Whereas, at the request of the Owners, the City applied to and received from the Illinois
Department of Transportation a permit to allow the Owners of the Subject Property to perpetually
construct and maintain a two (2) inch sanitary sewer service force main to be installed from an ejector
pumping system located on the Subject Property, extending southeast to and within the Borden Street
right-of-way to Illinois Route 120 (Elm Street), a distance of approximately two-hundred forty (240)
lineal feet. The two (2) inch sanitary sewer service force main will remain owned by the Owners in the
future and be connected to a starter manhole, attached to an existing eight (8) inch diameter sanitary
sewer gravity main, lying underneath the centerline of the Illinois Route 120 roadway pavement. The
eight (8) inch diameter sanitary sewer gravity main is owned and maintained by the City (collectively,
"Improvements"). A conceptual plan depicting the Improvements is attached hereto and incorporated
herein as attached "Exhibit B".
C. Whereas, the parties desire to enter into this Agreement permitting the Owners of the
Subject Property to access, construct, reconstruct, repair and/or maintain the Improvements previously
described herein.
NOW, THEREFORE the parties, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, agree as follows:
1. Within 90 days of the execution of this Agreement by all parties and the issuance of the
IDOT permit, the Owners shall construct the Improvements in accordance with all terms and conditions
of the IDOT permit issued to the City and in compliance with all rules, regulations, codes and ordinances
of the City. Failure of the Owners to complete the Improvements within the time provided herein shall
cause this Agreement to be deemed void, without any further action by either party.
2. The Owners shall maintain the Improvements in good working order and promptly
reconstruct, repair and maintain the Improvements in perpetuity. Owners shall be responsible for
obtaining any and all necessary permits from all applicable permitting agencies prior commencement of
any such work. Owners shall restore impacted areas to substantially the same condition as they were
previously at the commencement of the work following any construction, reconstruction, repair and/or
maintenance of the Improvements in addition to all adjoining properties affected by such restoration,
reconstruction, repair and/or maintenance work associated with the Improvements.
3. In the event the Owners default on their obligation to construct, maintain, reconstruct
and/or repair the Improvements the City reserves the right, but not the obligation, to complete the
necessary construction, maintenance, reconstruction and/or repair as may be required, including any all
restoration work necessary. Prior to the City commencing any work however the City shall notify the
Owners in writing, by certified mail/return receipt requested, of their intent to do so and allow Owners to
contact the City, within five (5) business days from the date of the certified mailing, to provide the City
with a definitive timeline when the work will be completed. If an emergency arises where there is an
imminent threat to the health, safety and/or general welfare of the public which necessitates an urgent
repair and/or reconstruction and the Owner does not take the necessary action required to complete the
work required immediately the City shall not be required to provide written notification to the Owners of
their intent to have the necessary work completed. In all situations, Owners shall be obligated to
reimburse the City for all costs incurred in completing the necessary repair and/or reconstruction.
4. In all situations, Owners shall reimburse the City for any and all expenses incurred in
completing any necessary work and/or restoration, including, but not limited to all costs incurred for
necessary permits, any outside engineering, legal or other consulting fee incurred, construction
observation, traffic control, as well as all material, labor and equipment costs. Failure to reimburse the
City, within thirty (30) calendar days, following receipt of an invoice from the City shall result in a lien
being recorded against the Subject Property in the sum of the costs so incurred. The thirty (30) day time-
frame shall commence from the date printed on the invoice, which shall be sent to the Owners by certified
mail/return-receipt requested. Recording of a lien shall not limit the City's right to recover any sums due
hereunder by arbitration or otherwise allowed by law.
5. The Owners hereby agree to indemnify, defend, and hold harmless the City its elected
officials, its duly appointed officials, agents, employees and representatives, from and against any and all
claims suits, settlements, actions, losses, expenses, damages, injuries, judgments, and demands arising out
of this Agreement or the Improvements.
6. Owners hereby represent with City that Owners are the legal fee simple title holders of
the Subject Property and that they have the right and authority to enter into this Agreement.
7. This Agreement shall be perpetual and run with land of the Subject Property, Owners, to
the successors and assigns of Owners and may not be amended, modified or revoked without the express
written consent of the parties.
8. This Agreement, following full execution by the parties shall be filed with the Office of
the McHenry County Recorder.
9. Any controversy or claim arising out of or relating to this Agreement, or the breach
thereof, shall be settled by binding arbitration administered by the American Arbitration Association
under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, at the City Hall,
McHenry, Illinois and judgment on the award rendered by the arbitrator may be entered in any court
having jurisdiction thereof. The City may elect at its discretion to enforce equitable remedies such as
injunctive relief. The Owners agree that that an arbitration award by default may be entered upon the
Owners failing to appear or defend themselves in any arbitration proceeding.
10. In the event of arbitration or litigation of this Agreement, the non-prevailing party shall
pay all expenses incurred by the prevailing party in the said proceeding, including, but not limited to (a)
attorneys' fees, (b) filing costs, (c) witness fees, and (d) other general expenses of the litigation or
arbitration.
CITY: f , 7) OWN
Bv >^6g^t^ (&
Susan E. Low, Mayor
City of McHenry
Exhibit "A"
(Location Map of Subject Property and Legal Description
PIN: 09-26-351-012)
1302 Borden Street-
SUBiECT PROPERTY
Illinois Route
20-Elm Street
Exhibit "B"
(Conceptual Drawing of Proposed Improvements)
1302 Borden Street-
SUBJECT PROPERTY
Department of Community &
Economic Development
Doug Martin, Deputy City Administrator
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
Phone: (815) 363-2170
Fax: (815) 363-2173
dmartin@ci.mchenry.il.us
www.ci.mchenry.il.us
Exhibit A
Legal Description of the Subject Property
That part of the South west Quarter of Swliun US, Township 45 North, mm I Barf »f !M Third
Pditolpal MwldJiiiii, described ai follows; Cofiirnwief Mi a( a ? fml$ Heflt» 11 <tept«s W«si
from n siak« in tht confer of Wawkepii UoaiJ, whtoh siake Hands Horlh 74 1/4 degrees West,
ftfiin ih§ interscotlni of the cBriier line of From Siwel in Wi« Mclleiifj* willi Ihc
line uf Wftukepn Road, boitig the 5ouitiwe«(cjly c&mtt of a irtei of land cunv^d by
Clmrfes H. Ftek« juid wife, to Oiilierirte Wirft by Wirraniy Oeed PteawW. Augjai i, IBM in
Hook 159 of Dtodci, pup 408, Juld ronniog ilis3ii«e North 741/4 dleg3^es Wad dang the NoitiHrly
lineof Wlftisfeegaii HmA,, IfiJ feei; tietiet^North JKdsgroMliiiiMites West 166.27 feel fer a
pliuH-sof liu^i'Diting; ihenct: continuiny North 12 degrees 0 minutes. Wc^tj 139 J4 ftouli (hense
South 74 degreca 15 ffllmwes lost; 15 J feet to tilt Nofthwesicrly conwr of said in^t of land
conveyed tO*Ctitlierlne Mrfsflforo^uiJ; ihmimNorth 82 degf^i0 mitnitc« Emlt 142X10
thence North f 0 d«Bra«h Init, 73M feet; then«« Souih 0 degrees lias!, l^.S Act; thence
71,30 foijj theMe gouih 4 dcgn^s fesl, 14fi.27 feet; thence Ntttii S« degrees N mimHes WeH,
140.08 feel to the place of beginning In McMenry County^