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HomeMy WebLinkAbout95-203 Resolution No. 95-203 RESOLUTION AUTHORIZING EXECUTION OF A DEFERRAL AGREEMENT WITH ELGIN INVESTMENTS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Deferral Agreement on behalf of the City of Elgin with Elgin Investments, Inc. for the installation of sidewalks at the Budgetel Inn at 500 Tollgate Road, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 27, 1995 Adopted: September 27, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Lundstrom Insurance October 13, 1995 MR RAY MOLLER DIRECTOR OF BUSINESS SVCS. AND PROPERTIES CITY OF ELGIN 150 DEXTER CT. ELGIN IL 60120-5555 RE: BUDGETEL Dear Ray: Enclosed you'll find the signed Deferral Agreement along with the Bond from the bonding company in the amount of$4,375. Thank you for your cooperation in processing this so that the final occupancy permit can be completed. Thank you for you cooperation and assistance on this matter. Core ally, . a Lundstrom L L STROM INSURANCE AGENCY, INC. CL/bw Enclosure 1700 Larkin Avenue P.O. Box 388 Elgin, Illinois 60121 Phone: 708-741-1000 Fax: 708-7.11-1715 • . - Bond No. 3-319-584-1,0 BOND KNOW ALL MEN BY THESE PRESENTS That we, Elgin Investments, Inc. of Elgin, Illinois(herinafter called the Principal)as Principal, and The Ohio Casualty Insurance Company, an Ohio corporation with principal offices at Hamilton, Ohio, (hereinafter called the Surety)as Surety,are held and firmly bound unto The City of Elgin, Illinois(herinafter called the Obligee), in the penal sum of Four Thousand Three Hundred Seventy Five and No/100's ($4,375.00)Dollars, for the payment of which well and truly to be made we do hereby bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. SIGNED AND SEALED this 10th day of October 1995. WHEREAS, Elgin Investments is the owner of certain real property commonly known as Budgetel Inn, located at 500 Tollgate Road, Elgin, Illinois(hereinafter referred to as"Property"); and WHEREAS, Elgin Investments is obligated to install a sidewalk(hereinafter referred to as"Sidewalk")at the Property pursuant to a site plan previously submitted to City by Elgin Investments, and in order to lawfully obtain an unrestricted occupancy permit for the Property; and WHEREAS, no other sidewalks are currently in existence adjacent to the Property; and WHEREAS, City has determined it to be in its best interests to provide for the uniform, contemporaneous development of the area adjacent to and surrounding the Property by permitting Elgin Investments to delay the construction of the aforementioned Sidewalk. NOW, THEREFORE, if Elgin Investments shall construct the Sidewalk within ninety (90)days following written notice from the City of Elgin that City's Director of Public Works has determined that construction of the Sidewalk is desirable,then this obligation shall be null and void; otherwise to remain in full force and effect. Elgin Invest ts, Inc. By: _ The Ohio .. .• Insurance Company By: /r/� &//(' `€'‘')4/1-- Martin S. Mulkerrin, Attorney-In-Fact And Illinois Resident Agent AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY STATE OF ILLINOIS }ss. DUPAGE COUNTY OF On this10TH day of OCTOBER 19 95 before me personally appeared MARTIN S. MULKERRIN Attorney-in-fact, of The Ohio Casualty Insurance Company, with whom I am personally acquainted, who being by me duly sworn, did depose and say, that he resides in LOMBARD, ILLINOIS ; that he is the Attorney-in-fact of The Ohio Casualty Insurance Company. the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor- poration by like order. My Commission expires .��.. .. :-rg...... ...1...� l:Z :�:�� ••••••••••••• •••••••••lli«• Form 3-1704 "OFFICIAL SEAL" • Notary Public. • • JACQUELINE L;. HANSON • t'.;UL;L,, S;r.l : OF ILLINOIS •• My Commission Exp,res Mar.22, 1998 m ••••••9••4.9**144,4‹,49 9449+•• CERTIFIED COPY OF POWER OF ATTORNEY • • . THE OHIO CASUALTY INSURANCE COMPANY HOUK OFFICZ. HAMILTON. OHIO No. 10-584 Munn All ern hg Galen Frrnrnin: That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate. constitute and appoint: Martin S. Mulkerrin of Lombard, Illinois its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed Any and all bonds, recognizances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing the payment of loans, notes or the interest thereon. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they bad been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton, Ohio, in their own proper persons. "`'""�""` In WITNESS WHEREOF, the undersigned •icer of the said The Ohio Casualty ���1�1 inrao�`F 6 .. Insurance Company has hereunto subscribed . and affixed the Co ••rate Seal of the said The Ohio Casualty Insurance Compa• 2nd day of i 1 80. _I SEAL ;,- �• 19 .. /74 /C/4", 'yewtaiso m„ STATE OF OHIO, l Asst. Secretary COUNTY OF BUTLER I On this 2nd day of Apr i l A. D. 19 80 before the subscriber, • Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Richard T. Hoffman, Asst. Secretary - - of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and *filth, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. S,tottmL Ig,, IN TESTIMONY WHEREOF, I have hereunto set myhand and affixed my Official Seal at the Cityof Hamilton, State of Ohio, the dayand year first above written. 1 SV,,; k . ms\ Notary Public in and for Co• • of Bu er, State of Ohio �,"11111No .N My Commission expires Cy 11 , 1981. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of the Company, adopted by its directors on April 2, 1954, extracts from which read: "ARTICLE VI" "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president. the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance., stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sob- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company, do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the Company this 10TH OCTOBER day of A. D., 1995 ovuq0.4 /f 1 SEAL , �a�iiii•`hep Assistant Secretary S-4295-C 10-74-2500 DEFERRAL AGREEMENT �� THIS AGREEMENT is made and entered into this _____ day of OC-O6 -& , 1995, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and ELGIN INVESTMENTS, INC. , an Illinois corporation, (hereinafter referred to as "Elgin Investments" ) . WHEREAS, Elgin Investments is the owner of certain real property commonly known as Budgetel Inn, located at 500 Tollgate Road, Elgin, Illinois (hereinafter referred to as "Property" ) ; and WHEREAS, Elgin Investments is obligated to install a sidewalk (hereinafter referred to as "Sidewalk" ) at the Property pursuant to a site plan previously submitted to City by Elgin Investments, which site plan is attached hereto and made a part hereof as Attachment "A" , and in order to lawfully obtain an unrestricted occupancy permit for the Property; and WHEREAS, no other sidewalks are currently in existence adjacent to the Property; and WHEREAS, City has determined it to be in its best interests to provide for the uniform, contemporaneous development of the area adjacent to and surrounding the Property by permitting Elgin Investments to delay the construction of the aforementioned Sidewalk. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows : 1 . City shall not withhold the issuance of an unrestricted occupancy permit to Elgin Investments for the Property solely on the basis of Elgin Investments ' failure to construct the Sidewalk if Elgin Investments is in compliance with all other requirements and conditions otherwise required by City and by law at the time Elgin Investments applies for such permit. 2 . Elgin Investments shall provide a cash deposit or bond in a form reasonably acceptable to City in the amount of Four Thousand Three Hundred and Seventy-Five Dollars ( $4,375 . 00) for the cost of the construction of the Sidewalk prior to the issuance of the aforementioned unrestricted occupancy permit. 3 . Elgin Investments shall construct the Sidewalk within ninety ( 90) days following written notice from City that City' s Director of Public Works has determined that construction of the Sidewalk is desirable. Such determination of desirability shall be made in the sole discretion of City' s Director of Public Works . In no event shall Elgin Investments fail to construct the Sidewalk prior to December 31, 2005 . 4 . In the event Elgin Investments breaches any of the terms of this agreement City shall be entitled to retain the aforementioned cash deposit or bond to provide for the construction of the Sidewalk upon thirty (30) days written notice of its intent to do so. 5 . The terms of this agreement shall be severable. In the event that any of the terms or provisions of this 2 agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 6 . This agreement shall be subject to and governed by the laws of the State of Illinois . 7 . This agreement shall not be construed so as to create a partnership, joint venture, independent contractor, employment or other agency relationship between the parties hereto. CITY OF ELGIN By City Manager Attest: City Clerk ELGIN INVESTMENTS, INC. BY4011ri/AMIP is Attest: ala-feit ii4e-te-er Secretary 3 Attachment "A" "I r Wa 11I4;4, urlurr et o�vAZNA[ EAAI VT 1a r , -�'s WENIA w• a ,11 :a; s-- ;, ,4---w '-- ws -- �l✓� 4 .W' Jd'r41Cr+ III 3f/mmo.riago 3iromr........... 31inumm................. 31 > ir".2117142"142.AT"2" i r 4;;;V ilif % til r 3t " :114: �s tf - - !G 1am► y 1 N4 LirJa SIGHbV1I}S�`.: � ti �w) ‘ Au., Li i ,..—...- ; ‘ IC le r 3 � 1 / i j,r. !1I �� 1.► 11 k n n— n n -nr_ n rt n Li' Iif ►r jar � (k)111 3PROPOSED S STORY MOTEL -, J 5' r j rI 11 1,) 80 UNITS Y { 1.11 lig 113 , ttQ 22'ariv ii a 44 Ire' ; 22' t I O ? v 11 X Irg 1.... 26. I 14 gii 1! JAPIC ow.:fit u— r in, 1 �1 �.l U r 1 r r�aarc I L"/iI! a " Q et, go li sr fle tr Al 1 lig& .4 k Ah 1.44 r" '4'r �1 TYR w04 a rYP. f' Wit PIN W _� IC SMC r A �� 4► e m� �r ar 1 �0c, 3 d"Ax`AV 4" r ,``��° 'ter x�. N A6 t7E RASE f r` = 3 lit7 41 4. .ig -1-----------f- s v. ,......,„„ ).------,.Li tili/ii it 1$ 113 V /I h i1 . N8955'41"W 431.69' 4:501Z17 �:: 1 , A • Ell n M I N -y Agenda Item No. welfteol,August 15, 1995 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Budgetel Inn Sidewalk Request PURPOSE The purpose of this memorandum is to present a request from Budgetel Inn to delay the installation of sidewalks at their recently constructed facility at 500 Tollgate Road. BACKGROUND rk The developer of the Budgetel Inn at 500 Tollgate Road was required to include sidewalks on its initial site plan that was submitted in order to obtain a building. permit. There are no other sidewalks in the area. Sidewalks were not installed and the developer was only able to obtain a tempo- rary occupancy permit for the inn when it opened on June 1, 1995. Barclay, Ltd. would like to obtain an unrestricted occupancy permit for its facility. Barclay would like to defer the installation of the sidewalk until there is additional devel- opment in the area so that the sidewalk could become part of a functional sidewalk network. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT None. LEGAL IMPACT rek If the City Council wishes to grant the request for deferral, consideration should be given to requiring a written agree- ment with Budgetel and a cash deposit or bond for the cost of the future improvements. } Budgetel Inn Sidewalk Request August 15, 1995 Page 2 RECOMMENDATION City Council direction on the Budgetel request is being sought. Respectfully submitted, Clay J. Pearson Director of Code Administration Raymond H. Moller Director of Business Services and Properties Richard B. Helwig City Manager amp Attachment r ... Barclay, Ltd. 130 Park Avenue South,Suite 101 P.O.Boz 1243 St.Cloud,Minnesota 56302 (612)259-0523 (612)259-0538 July 12, 1995 Mr. Ray Moller Director of Business Services and Properties City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Budgetel Inn Dear Mr. Moller; I am writing regarding our recent conversations concerning installation of a sidewalk at the new Budgetel Inn. I respectfully request that the City allow us to defer installation of the sidewalk until such time as there is additional development in the area and the sidewalk could become part of a functional sidewalk system. Again, I apologize for our confusion regarding the installation and thank you for your consideration of our request. I look forward to hearing from you. Yours very truly, detavt itetut. Allan V. Stowe C.S.O. r Development • Construction • Commercial Real Estate • Property Management — i Ii I ! I 1 y �l:' I f 3 UTILITY a DRAINAGE EASEMENT w $� ' e ;H II ; het P _ r 1rMmofulN ID aC 6 ' ; I I 3 c„pv ,�--w rw • — r 5' it tr RCP ' min = d 4q �+ i aaar I If II gym:-,r�rATarar 0 —___ , > I, =- ► t� * SII 113 h X10 k 1. .l r 11 h o: 11 -49-54-1 ��� 1 4:1 1 r ,,,,,„ 'a ., A Iii ..,g ‘t), z'' ! t34— © 14 lit n n- n n n n n ;;;�. 1v !sr ii II d .. �. 1 . nY 11 3 PROPOSED S STORE'MOTEL �-- a' TN?.,-, I� y n „ 80 UMTS l � N • ►I f,F a MO r , r Ig 4 i/I • II . e i� r 11 ;x, '0. 4 I 4 ilt li *x5 4 h / - 9 101 M fl „ is & 4 = ;' //,II V � _ % '4 '• 4c `iii+► 3 O 1./.4, 1.-=_.,41 i °�i_°�( 9•-I • — ® ams • "� Trp w N.w i 1 :14.'� i� f ' AT CJ• ► ' 0 I tsLkr.:, "Y.'. • bo a� III4 •• ,., ..............._ , ,,, oilti Ir ; �Q•sM . 6--Li N8955'41'W .�1. liNQS oaks4 ii TiTkw, e. 1.r ' 3 l September 17, 1998 Permit Department City of Elgin 150 Dexter Elgin,Illinois 61020 Re:Elgin Investments, Inc. Bond#331958410 10/10/98 Expiration Gentlemen: Three years have expired since the City requested this Bond for the construction of the Budgetel Inn at 500 Tollgate Road,Elgin, Illinois. Therefore we ask that you sign the enclosed letter,which is being ` requested by the Bond Company. Thank you for returning the signed letter in the enclosed envelope. Cor.'. y, II / 0 u i Strom Elgin In -stments,Inc. Enclosure rgOr " (.4.,__, :2f- 7,1.0_,,,,... A--- cAezzee c.64-‹ ch:A e4-42--.0 .--(4 4:123i I j Avazr/t .,,, •-71-7-- (9 ,‘AZ l liC4-'-' f?3 '137-L C47 Committee of the Whole Meeting August 23, 1995 Page 4 Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. Budgetel Inn Sidewalk Request Councilwoman Yearman made a motion, seconded by Councilman McKevitt, to approve the request of Budgetel Inn to delay the installation of sidewalks at their recently constructed facility at 500 Tollgate Road and to require a written agreement providing for a cash deposit or bond for the cost of the future improvements . Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. Annual Funding for the Elgin Symphony Orchestra Councilwoman Yearman made a motion, seconded by Councilman Gavin, to approve the annual funding for the Elgin Symphony Orchestra in the amount of $35, 000 . 00 . Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. Above Ground Storage Tanks Councilman Walters made a motion, seconded by Councilwoman Yearman, to approve the proposed amendments to Elgin Municipal Code Chapter 16 .28, entitled "Fire Prevention Code, " and to direct the Planning Department to file a petition to amend the zoning portion of the municipal code to permit the installation of above-ground storage tanks . Yeas : Councilmembers Gavin, Gilliam, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. Councilman McKevitt abstained. Subdivision Plat Amendment for the Fox Bluff Corporate Center Councilman Walters made a motion, seconded by Councilman Gavin, to authorize the recommended revisions to the Fox Bluff Corporate Center Subdivision Plat. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None. Engineering Services for Tollgate Road Sewer Analysis Councilman Walters made a motion, seconded by Councilman McKevitt, to authorize the City Manager to enter into an agreement with Civil Design Group, Inc . for a Phase II study of the Tollgate Road sewer line. Yeas : Councilmembers Gavin, Gilliam, McKevitt, Schock, Walters, Yearman, and Mayor Kelly. Nays : None.