TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 10, 2014
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
Title
Authority to execute a Facility Access Agreement granted to the Metropolitan Water Reclamation District of Greater Chicago by Kinder Morgan Liquid Terminals, LLC on its real estate at 8500 West 68th Street in Argo, Illinois
Body
Dear Sir:
At its November 6, 1986, meeting, the District's Board of Commissioners ("Board") authorized the District to participate as the local sponsor of the U.S. Army Corps of Engineers ("Corps") Chicagoland Underflow Plan (CUP). On December 17, 1998, the Board granted authority to negotiate the Project Cooperation Agreement ("PCA") with the Corps on the McCook Reservoir Project of the CUP.
Based upon the above authority granted by the Board, on May 10, 1999, the District entered into a PCA with the Corps. In accordance with the PCA, as amended, the District, as a Non-Federal Sponsor, among other items, has the responsibility to provide all lands, easements and rights-of-way necessary for the construction, operation and maintenance of the McCook Reservoir Project for itself or on behalf of the Corps.
During the period commencing September 1, 2014, and ending December 31, 2017, it is necessary for the District and the Corps to construct, install, sample and monitor several groundwater wells to monitor the groundwater within and outside of the perimeter of the District's McCook Reservoir. The access route to some of the proposed wells outside of the McCook Reservoir is through Kinder Morgan Liquid Terminals, LLC's ("Kinder Morgan") property located at 8500 West 68th Street in Argo, Illinois. Kinder Morgan agreed to allow entry and access through its property subject to the District signing its standard Facility Access Agreement ("FAA").
It is requested that the Executive Director recommend to the Board of Commissioners that it authorize and approve the execution of a Facility Access Agreement granted to the Metropolitan Water Reclamation District of Greater Chicago by Kinder Morgan Liquid Terminals, LLC on its real estate at 8500 West 68th Street in Argo, Illinois.
It is also requested that the Executive Director recommend to the Board of Commissioners that it authorize and direct the Chairman of the Committee on Finance and the Clerk to execute said Facility Access Agreement on behalf of the District after it is approved by the General Counsel as to form and legality.
Requested, Ronald M. Hill, General Counsel, RMH:STM:MM:ss
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Real Estate Development
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for July 10, 2014
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