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:
AYES:
NAYS:
ABSENT AND NOT
VOTING:
_________________________
Roger L. Byrne
Village President
PASSED:
_____________________________________
APPROVED:
__________________________________
ATTEST:
_________________________
Jeanne M.
Schwartz
Village Clerk