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HomeMy WebLinkAbout86-0324 Hoffer Foundation 86- o3a4 AGREEMENT /14 THIS AGREEMENT made and entered into this day of 1v\t1, 1-C- Jh , 1986 by and between the City of Elgin, a municipal corporation, organized and existing under the laws of the State of Illinois (hereinafter referred to as "City" and the Hoffer Foundation, on Illinois not-for-profit corporation, (herinafter referred to as "Corporation") WITNESSETH WHEREAS, City and Corporation are desirous of installing lights at City' s softball complex located south of Route 20 in Elgin, Illinois; and WHEREAS, Corporation has heretofore secured pledges of funds to assist in the financing of the installation of said lights; and WHEREAS, City has heretofore caused plans and specifications for said lighting system to be prepared by Leisure Concepts and Design; and WHEREAS, Corporation is ready, willing and able- to cause the installation of lights at City's softball complex in accordance with the terms and conditions contained herein. NOW, THEREFORE, the parties agree as follows: 1. Corporation shall install or cause to be installed a lighting system for City's softball complex in accordance with the plans and specifications submitted by Leisure Concepts and Design on April 2, 1984, copies of which Corporation acknowledges receipt . 2. Corporation shall require any contractor employed by it to install the lighting system to obtain insurance as provided in Schedule A attached hereto naming the City of Elgin as additional insured; prior to commencement of installation corporation shall file certificates of all required insurance with the City Clerk of City specifically naming City as an additional insured. 3. City agrees to pay one-half the cost of the installation of the lighting system or the sum of $175,000 , whichever is less. 4. City agrees to accept pledges from private donors which have been solicited by Corporation and to forward any of said sums to Corporation to be applied to the cost of installation of the lighting system. Such sums shall not be credited toward City's obligation set forth in Paragraph 3 hereof. 5. During the course of installation Corporation may submit proof of payment of invoices together with sworn contractor's statements and waivers of lien to City; upon receipt of said paid iLvoices, sworn statements and waivers of lien, City shall reimburse Corporation one-half of the amount of each paid invoice and City shall be credited in said amounts as partial payment of City's share of the cost of the project. 6. Upon completion in accordance with this agreement, the lighting system installed by Corporation shall become the property of the City; Corporation shall provide City with an appropriate bill of sale and all manufacturers' guarantee"s or warranties for the work performed. IN WITNESS WHEREOF the parties have caused this agreement to be executed by the Mayor and City Clerk of City and the President and Secretary of Corporation respectively. CITY OF ELGIN -411-t-ee yle-e,„4 By Mayor Attest: City Clerk HOFFER FOUNDATION By 4 • i� �� JJ President Attest: , Secretary • MIELKE-LAUDERDALE :ELECTRICAL CONT. CORP. 1418 Illinois Pkwy. 42 99 ELGIN, ILLINOIS 60120 'DAT(- ORDER NO (312)742.2653 April 4.1986 TO SHIP TO The Hoffer Foundation c/o Hoffer Plastics Corp. 500 N.Collins St. So.Elgin.IL.60177 SALESPERSON DATE SHIPPED SHIPPED VIA FOB POINT TERMS QUANTITY DESCRIPTION UNIT PRICE TOTAL Elgin Softball Complex - Lighting - First Draw $232.821 00 ORIGINAL C J��Qyll�/ t�U1l� PAY OUT ORDER 19 _ (Name of paying agent) approved Loan# This is to certify that whose address is contractor for the on the building at is entitled to a payment of S Dollars Statement of Account Contractor Original contract Owner's approval Approved additions Approved deductions Net contract Inspector Previous payments This payment Received payment in full Balance WAIVER OF LIEN TO DATE STATE OF ILLINOIS COUNTY OF Kane SS Gty# Loan N TO WHOM IT MAY CONCERN: WHEREAS the undersigned has been employed by the Hoffer Foundation to furnish the electrical lighting for the premises known as the Elgin Softball Complex of which the City of Elgin is the owner. THE undersigned,for and in consideration of Two Hundred Thirty—Two Thousand Eight Hundred Twenty—One & No/100 0; 232,821.00 )Dollars,and other good and valuable considerations,the receipt whereof is hereby acknowledged,do(es)hereby waive and release any and all lien or claim or right of lien under the Statutes of the State of Illinois,relating to Mechanic's liens,on the above described premises and improvements thereon,and on the monies or other considerations due or to become due from the owner,on account of labor or services,material,fixtures or apparatus heretofore furnished to this date by the undersigned for the above described premises. Given under hand and seal this �i day of " ,19 /4. SEAL Gtr. NOTE: All waivers must be for the full amount paid. If waiver is for a corporation, corporate name should be used, corporate eIal affjsed and title of officer signing waiver should be set forth; if waiver is for a partnership, the partnership name.should be used,partner should sign and designate himself as partner. 1J ' 'i ' , ��i (SEE OVER) CONTRACTOR'S AFFIDAVIT STATE OF ILLINOIS J SS COUNTY OF Kane TO WHOM IT MAY CONCERN: THE undersigned,being duly sworn,deposes and says that he is Merril 1 I.auderdal e President of the Mielke-Lauderdale Eler_ who is the contractor for the electrical work on the building located at _ b01 SO.McLean Blvd. _ F.l wi n.T1 _60120 owned by the City of Elgin .That the total amount of the contract including extras is S 320.000.00 on which he has received payment of S —0— prior to this payment.That all waivers are true,correct and genuine and delivered uncon- ditionally and that there is no claim either legal or equitable to defeat the validity of said waivers.That the following are the names of all parties who have furnished material or labor, or both, for said work and all parties having contracts or sub contracts for specific portions of said work or for material entering into the construction thereof and the amount due or to become due to each,and that the items mentioned include all labor and material required to complete said work according to plans and specifications: NAMES WHAT FOR CONTRACT AMOUNT THIS BALANCE PRICE PAID PAYMENT DUE Mielke-Lauderdale Elec. Labor & Materials 44579.00 _from fully paid stock - Trenching 6000.00 Heider Elec. Supply Pole Lights 142927. Crescent Elec. Sw.Gear 35379.00 P.S.I. Soil Boring 3836.00 TOTAL LABOR AND MATERIAL TO COMPLETE 320.000. 232821. 87179.00 That there are no other contracts for said work outstanding, and that there is nothing due or to become due to any person for material, labor or other work of any kind done or to be done upon or in connection with said work other than above stated. —D Signed this 4/' 4 day of , 19 e. Subscribed and sworn to before me this day of CLQ, , 19 . —ice Certificate of Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ���® THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY r' 1-'I_ r COMPANIES AFFORDING COVERAGES WM r"r- WILTClERER CO COMPANY BOX 399 901 N 1ST ST LETTER A FTRFMAN ' S FAIND TNS DEKALB IL 60115 COMPANY B LETTER FTRFMAN ' S PAW) TNR NAME AND ADDRESS OF INSURED ///��� COMPANY LETTER C INTERNATIONAL INR MIELK.E—LAUDERDALE ELECTRIC COMPANY LETTER 1418 ILLINOIS PKWY NATIONAL SURETY ELGIN IL 60120 COMPANY E LETTEThis is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. Limits of Liability in Thousands(000) COMPANYTYPE OF INSURANCE POLICY NUMBER POLICY LETTER EXPIRATION DATE EACH AGGREGATE OCCURRENCE A GENERAL LIABILITY MX X80069 a 10 4/01/86 4/01/87 BODILY INJURY $ $ COMPREHENSIVE FORM Inception date PREMISES-OPERATIONS PROPERTY DAMAGE $ $ EXPLOSION AND COLLAPSE HAZARD UNDERGROUND HAZARD PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY AND CONTRACTUAL INSURANCE PROPERTYJURY DAMAGE 5 500 s 500 BROAD FORM PROPERTY COMBINED DAMAGE . INDEPENDENT CONTRACTORS PERSONAL INJURY PERSONAL INJURY $ 500 AUTOMOBILE LIABILITY MXX80069510 4/01/87 BODILY INJURY S (EACH PERSON/ COMPREHENSIVE FORM Inception d.Bt e 4/01/8pp• BODILY INJURY $ IOWNED (EACH OCCURRENCE/ HIRED PROPERTY DAMAGE $ NON-OWNED BODILY INJURY ANU $500 PROPERTY DAMAGE 500 COMBINED O EXCESS LIABILITY 5232407499wx< 4/01/87 /y UMBRELLA FORM Inception d: tE 4/01/86 BODILY INJURY AND $ 17000 $ y OTHER THAN UMBRELLA PROPERTY DAMAGE A FORM COMBINED I] WORKER'S COMPENSATION MNX80069510 4/01/87 STATUTORY and Inception date 4/01/86 EMPLOYER'S LIABILITY $ �___._...___.._._ ........ . ..... I (EACH ACCIDENT/ OTHER ESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES Elqin Soft Ball Park Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER DATE ISSUED. March 22s 1986^ A City of Elgin City Hall Z �j Elgin I L 60120 AUT E ESENTATIVE ACORD 25(1-79) l'aloes rJ' Johnson 1