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Home My WebLink AboutResolution #3401RESOLUTION NO. 3401 A RESOLUTION APPROVING LIFT STATION/SEWER GRINDER PUMP BETWEEN CITY OF CANTON AND CASEY'S GENERAL STORES INC. WHEREAS, the City Council of the City of Canton, Illinois has reviewed the terms of said Agreement, a copy of which is attached hereto and made a part hererof as Exhibit A; and, WHEREAS, the City Council of the City of Canton, Illinois has determined that it is in the best interest of the City of Canton to approve said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That said Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A, is hereby approved .pursuant to the terms and conditions set forth therein. 2. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois, at a regular meeting this 4th day of November, 1997, upon a roll call vote as follows: AYES: Aldermen Shores, May, Nidiffer, Meade, Sarff, Phillips, Hartford. NAYES: None. ABSENT: Alderman Molleck. APPR VED: ,~--..~~ Donald E. Edwards, Mayor Attest: .~ Nancy \N tes, City Glerk /] _ J Dot-~~-GC.~ r AGREEIVI(ENT REGARDING LIFT STATION/SEWER GRINDER PUMP BETWEEN CITY OF CANTON AND CASEY'S GENERAL STORES, INC. Parties to the Agreement: CITY OF CANTON, an Illinois municipal corporation (hereinafter "CANTON"). CASEY'S GENERAL STORES INC., an Iowa coroporation (hereinafter "CASEY'S"} DATED this ~ day of RJDUFltI B~ 1997. WHEREAS, CANTON is a municipal corporation organized under the Illinois Municipal Code, and as a municipal corporation, owns and operates sewer lines and wastewater treatment plants; and, WHEREAS, CASEY'S is an Iowa corporation, developing and planning to operate a retail gasoline and convenience store at 2020 North Main Street, Canton, Illinois hereinafter known as "retail store" in Canton, Fulton County, Illinois; and, WHEREAS, CASEY'S desires to install a lift station/sewer grinder pump at the site of the retail store which will pump wastewater east across the state highway to a gra~lty sewer line; and, WHEREAS, CANTON will, once the lift station/sewer grinder pump is installed, inspect and review the maintenance of the grinder pump so as to ensure effective and proper operation; and, WHEREAS, CASEY'S when the lift stationlsewer grinder pump is operational will transfer ownership of the lift station/sewer grinder pump to CAIv"TON, however CASEY'S will agree to provide for all materials concerning the proper operation of the lift station/sewer grinder pump; and, WHEREAS, CANTON has had the advice of its consulting engineers, specincally, Maurer -Stutz, Inc; and, WHEREAS, CASEY'S has had the ad~ZCe and consent of its consulting engineers, as that company deems necessary; and, WF~rZEAS, CANTON and CASEY'S wish to set forth in this agreement theis respective rights and benefits, responsibilities and duties, in reiard to the lift station/se~Ner ~Trinder pump; and, ~VI~REAS, this agreement has properly bean broueht before C Ati~TON'S Ciry Council at either a re~slarly-scheduled meeting or a special meeting held in compliance urith any and all laws ~f the State of Illinois: and. WHEREAS, each of the parties shall use their best efforts and good faith in the execution of this agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises hereinafter set forth, the parties agree as follows: 1. Thai the term of this agreement shaII he indefinite and shall terminate only for one of the following reasons: (a) That a modified agreement is entered into by the parties in its place; (b) That Caseys terminates and closes it's retail store, thereby negating the need for the lift station/sewer grinder pump; 2. This agreement shall run with the land located at 2020 North Main Street and legally described in Exhibit A which is incorporated herein by reference. 3. CASEY'S agrees to construct and place, a lift station/sewer Binder pump so as to enable sewage to be transported to a gravity sewer on the east side of State highway 78. All costs, expenses, fees for necessary permits, easements, and the like are the responsibility of CASEY'S. CASEY'S shall bear all costs to effectuate the startup of the lift station/sewer grinder pump. 4. After the lift station/sewer grinder pump is in place and operating to the satisfaction of CANTON, then CASEY'S shall turn over full ownership of said unit to CANTON. CANTON will then own the lift station/sewer grinder pump and the I.E.P.A permit shall be in CANTONS name. 5. CANTON agrees to periodically inspect the lift station sewer grinder pump, no less than one time per week, to ensure its proper and effective operating condition. G. In the course of its inspections, if CANTON finds or recommends that any modifications, changes, upgrades, or any other type of maintenance be necessary for the lift station sewer grinder pump, then CASEY'S shall bear all costs concerning the materials or parts necessary to bring the lift station/sewer grinder pump to reasonable working order, CANTON shall supply all labor therein.. 7, CASEY'S agrees to allow hookups to the residential dwelling at 2030 North Main Street, Canton, Illinois currently owned by Mr. James Moscherro as well as the future commercial enterprise at 2010 North Main Street, Canton, Illinois currently owned by Mr. Steve Slaight. 8. CASEY'S agrees, in all cases where work is ordered by CANTON, to promptly pay for the expenses of parts. In certain casks, especially emergency cases, where CANTON is required to "front" the expense of repair or replacement, then CASEY'S agrees to reimburse CANTON when requested. 9. CANTON agrees that in the event Caseys ceases doing business at the retail store, then Canton shall assume responsi'oiliry for all parts.. 10. CASEY'S will bear the energy charges incurred to operate the lift artation/sewer grinder pump. l 1, CASEY'S agrees to provide to CANTON a permanent easemern for the inspection, maintenance and repair of the unit. l 2. Any disputes under this agreement shall be arbitrated by the parties as follows: Each party shall pick a consulting engineering firm having technical expertise in sewage flow or wastewater disposal as its arbitrazor. The two firms sa picked shall jointly agree upon a third engineering firm as a final arbitrator. The three arbitrators will then meet and the majority decision of two of the three arbitrators shall be biadinu upon each of the parties. However, if the arbitrators, as picked by the parties, are not able to pick a third arbitrator, of if the three arbitrators so picked are not able to come to a decision, then either party is free to enforce its ri,~. tts in any legal or equitable manner. Each party shall pay for the arbitrating firm that it selects and the parties shall each pay one-half of the costs of the third arbitrator selected pursuant to this paragraph. The above agreement is dated they+'` day of NDV F111 ~R, 1997, and has been approved by CANTON at aproperly-called meeting of its City Council, has been approved by CASEY'S in accordance with its corporate rules and bylaws. CITY Olr CANTON, an Illinois municipal orporation, ~"' By: C" ~c...,.~~ Donald E.Edwards, Mayor Attest; tiancy ' es, City Clerk ~~ ~ ~~~ ~.~ CASEY'S GENERAL STORES, INC., an Iowa corporation By. d ~!u '~~..o Cleo R. Kuhns, Vice President - Store Operations 1 Attest: e li irtz, Assistant Secretary ~'~ ~'~ CASEY'S GENERAL STORES, INC. P.O. Box 3001 • One Convenience Blvd., Ankeny, Iowa 50021-8045 • 515-965-6100 Senders Direct-Dial Telephone Number: S 13.963-6284 and FAX Numbor: 315-963.6160 October 31, 1997 Via Express Mail Law Office of James J. Elson Attn: Mr. James J. Elson 1522 East Ash Street Canton, II, 61520 RE: Casey's -Henderson Estate Dear Mr. Elson: Please find enclosed two original Agreements regarding lift station/sewer grinder pump between the City of Canton and Casey's General Stores, Inc. Pursuant to our recent telephone conversations, I would ask that you present this to the City of Canton and have the mayor and the city clerk sign the document and have the Agreement dated on page 1 and page 3. I would ask that the city keep one of the originals and forward one of the originals back to Casey's. For your convenience, I have enclosed aself-addressed, postage-paid envelope. In addition, I have enclosed two revised Agreements regarding the $1,200 to be taken from the purchase price to defray Casey's expenses of sewer development. As you will note, I have revised the Agreement to correctly identify Casey's General Stores, Inc. In the near future, I will be preparing on behalf of Casey's the necessary easement agreements regarding the sanitary sewer issues. As soon as those are completed, we will be in a position to close this real estate transaction. It is my hope that I will be able to complete the documents during the week of November 3, 1997. Imo' n ~ ~ `~ ~.. DA7'd I I - 3 -. ~) 7 Law Office of James J. Elson Attn: Mr. James J. Elson October 31, 1997 Page 2 If you have any questions, please feel free to contact me. Thank you. Very truly yours, Douglas M. Beech ~~ Associate Legal Counsel DMB/lme Enclosures pc: Kristi Malone Diane Ahern S:~DOU(iU.ElTERS~ELSON.DOC CITY OF CANTON 2f0 East Chestnut, Canton,ll//Hole 81520 ~ Te%phone 309/647-0020 Donald E Edwards, Y.ya FA% N0. (309) 64?-1310 Nancy S. Whites, C~ryclint James J. Elaon Chartered, C/ry~~, Patricia A. Wright, Gry r~w~r Robert W. Anderson, Clry EnpMNr FASCIMILE TRAiJSA4ITTAL LETTER DATE : r( '(~} ~ , ~~'" • NO. OF PAGES : S (Including this cover page r 11 TO ~-~~ S FROh4: X11 IrY\ ~ S d~ Attn~~ yG '~C~ 5l5 . 9.~s ^ ~ 160 Company : - C''~S~p S. . Fa~c No . Re: Cozmnents :