A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND CLERK TO SIGN A CONSTRUCTION AND MAINTENANCE AGREEMENT TRANSFERRING MAINTENANCE RESPONSIBILITIES TO THE SOUTH MARKETPLACE PROPERTY OWNERS’ ASSOCIATION, INC.
WHEREAS, as a part of the development review process for the Extended Stay America (ESA), the development required a storm sewer connection from an existing detention basin through property owned by the Lake County Forest Preserve District (the “District”); and,
WHEREAS, due to the District refusal to grant an easement to a private party to allow this connection, the Village obtained the necessary easement from the District to allow the installation and maintenance of said storm sewer; and,
WHEREAS, due to the maintenance responsibilities associated with said pipe and the fact that the South Market Place Property Owners’ Association (the “Association”) is responsible for the maintenance and repair of all storm sewers within the South Market Place Development; and,
WHEREAS, the Village requested and the Association agreed to enter into Construction and Maintenance Agreement, said agreement being attached in Exhibit A, to provide for the assumption of the Village’s maintenance and repair responsibilities as setforth in the Village’s Easement Agreement with the District dated March 3, 2000 which was recorded in the Office of the Recorder of Deeds of Lake County, Illinois as Document No. 4504100; and,
WHEREAS, the President and Board of Trustees are now prepared enter into said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, COUNTY OF LAKE AND STATE OF ILLINOIS,
Section 1: That the Village President and Village Clerk be and the same are hereby authorized to execute the Construction and Maintenance Agreement with the South Marketplace Property Association, Inc said agreement being attached in Exhibit A to provide for the assumption of the Village’s maintenance and repair responsibilities as setforth in the Village’s Easement Agreement with the District dated March 3, 2000.
Dated this 16th day of December 2003.
Adopted by a roll call vote as follows:
ABSENT AND NOT VOTING:
Roger L. Byrne
Jeanne M. Schwartz