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Home My WebLink About95-4 Resolution No. 95-4 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH OLIVE CAN CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Olive Can Corporation for the method of financing a landscaping project at the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 11, 1995 Adopted: January 11, 1995 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • y t� r AGREEMENT �L THIS AGREEMENT entered into this g.,4 day of 1995, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and the OLIVE CAN , an Illinois corporation (hereinafter referred to as "Olive Can" ) . WITNESSETH WHEREAS, the City is an owner and developer of certain property commonly known as the Fox Bluff Corporate Center; and WHEREAS, Olive Can is also an owner of a portion of said Fox Bluff Corporate Center; and WHEREAS, Olive Can has provided for landscaping on its property within the Fox Bluff Corporate Center and pursuant to the previous consent of the City also has completed landscaping on certain common area property adjacent to its property and legally described on Exhibit A hereto; and WHEREAS, the costs of the landscaping on said common area totalled $32,815 . 00; and WHEREAS, in accordance with the covenants or record regarding the Fox Bluff Corporate Center, Olive Can would be responsible for 18% of the landscaping costs for said common area or $5,906 . 70 based on Olive Can' s ownership of acreage within the Fox Bluff Corporate Center with the City being responsible for the remainder of said cost of $26 , 908 . 30; and WHEREAS, in lieu of Olive Can paying 18% of the landscaping costs for the common area, the parties have agreed that the City may remove from the Olive Can property at no charge the dirt pile currently located on the Olive Can property for use by the City at off-site City properties . NOW, THEREFORE, for and in consideration of the mutual promises and undertakings as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2 . That the parties hereto agree that the City may enter upon the Olive Can property and at no cost to the City may remove the existing dirt pile from the Olive Can property for use by the City for fill of other off-site City properties . The City agrees to indemnify and hold harmless Olive Can for any claims or injuries occurring during the City' s removal of the dirt pile from the Olive Can property. The City shall complete the removal of the dirt pile from the Olive Can property on or before April 30, 1995 . 3 . That the City shall reimburse Olive Can for the $32 ,815 . 00 cost of landscaping the common area by permitting Olive Can to deduct this amount from its second installment payment required to be made to the City in September of 1995 -2- pursuant to the promissory note to the City dated September 2, 1993 . IN WITNESS WHEREOF the parties have caused this agreement to be executed on the date and year first written above. OLIVE CAN CORPORATION, an CITY OF ELGIN, an Illinois Illinois corporation, municipal corporation 1 Titl George" VanDeVoorde, Mayor Attest: Attest: 4zZ`-^ rfv; j, Sedretary Cit Clerk -3- EXHIBIT A LEGAL DESCRIPTION Lots 6, 7, 9, 10, 11, 12, 13 and 14 and all of vacated Chamber Drive and all of vacated Cook Circle in Fox Bluff Corporate Center being a subdivision on part of Section 27, Township 41 North, Range 8, East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. Excluding therefrom the following three (3) parcels : PARCEL 1 : That part of Lot 12 of Fox Bluff Corporate Center, being a Subdivision of part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Southwest Corner of said Lot 12; thence North 00 degrees 54 minutes 05 seconds West, along the West line of said Lot 12, a distance of 456 . 10 feet for the point of beginning; thence North 89 degrees 58 minutes 24 seconds east, a distance of 227 .03 feet to the East line of said Lot 12; thence North 00 degrees 54 minutes 05 seconds West, along the East line of said Lot 12, a distance of 461.09 feet to the Northeast corner of said Lot 12; thence South 89 degrees 29 minutes 06 seconds west, along the North line of said Lot 12, a distance of 2 .91 feet; thence southwesterly, along the Northerly line of said Lot 12, being along a curve to the left having a radius of 680.00 feet, tangent to the last described course, an arc distance of 228.09 feet to the Northwest corner of said Lot 12; then South 00 degrees 54 minutes 05 seconds East, along the West line of said Lot 12, a distance of 421.25 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois and containing 101,647 .28 square feet more or less. PARCEL 2: That part of Lot 13 of Fox Bluff Corporate Center, being a Subdivision of part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southeast corner of said Lot 13; thence North 00 degrees 54 minutes 05 seconds west, along the East line of said Lot 13, a distance of 456 . 10 feet for the point of beginning; thence South 89 degrees 58 minutes 24 seconds West, a distance of 137 .99 feet to a point on the Northwesterly line of said Lot 13 that is 381. 19 feet northeasterly of the most westerly corner of said Lot 13; thence North 39 degrees 13 minutes 03 seconds East, along the said Northwesterly line, a distance of 214 . 12 feet to the most Northerly corner of said Lot 13; thence South 00 degrees 54 minutes 05 seconds East, a distance of 165. 84 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois and containing 11,441.29 square feet more or less. PARCEL 3: That part of Lot 14 of Fox Bluff Corporate Center, being a subdivision of part of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Southerly corner of said Lot 14; thence North 39 degrees 13 minutes 03 seconds East, along the Southeasterly line of said Lot 14, a distance of 381 . 19 feet for the point of beginning; thence North 50 degrees 46 minutes 57 seconds West, perpendicular to the last described course, a distance of 262 .00 feet to the Northwesterly line of said Lot 14; thence North 39 degrees 13 minutes 03 seconds East, along said Northwesterly line, a distance of 58.72 feet; thence Northeasterly, along said Northwesterly line, being along a curve to the right having a radius of 680.00 feet, tangent to the last described course, an arc distance of 368.49 feet to the most Northerly corner of said Lot 14; thence South 00 degrees 54 minutes 05 seconds East, along the East line of said Lot 14, a distance of 255.41 feet to an Easterly corner of said Lot 14; thence South 39 degrees 13 minutes 03 seconds West, along the aforesaid Southeasterly line of Lot 14, a distance of 214 . 12 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois, and containing 80, 158. 11 square feet more or less. El i'*n Agenda Item No. r December 12, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Landscaping Project at Fox Bluff Corporate Center PURPOSE The purpose of this memorandum is to request City Council approval of a revision to the method of financing the Olive Can Company/City of Elgin landscaping project at the Fox Bluff Corporate Center. BACKGROUND On June 8, 1994, the City Council authorized staff and Olive Can Company to proceed with the landscaping of the City-owned retention pond at the Fox Bluff Corporate Center. The project has been completed at a cost of $32,815 . 00 . The method of payment that was approved called for the City to pay 82% of the landscaping cost and for Olive Can to pay 18% of the cost. The City' s obligation would be funded by allow- ing Olive Can to deduct $26,908 . 30 from its mortgage payment to the City. Olive Can would be responsible for a payment of $5,906 .70 for landscaping costs. Prior to finalizing the above-referenced agreement, staff became aware that Olive Can retained on-site a significant amount of soil that was excavated during the construction of its building. The City is in need of additional fill at the site of the soccer fields currently under construction at the Sports Complex. Olive Can is willing to authorize the City to remove the excess soil from its property in the Fox Bluff Corporate Center if the City will increase the credit to the mortgage payment from $26,908. 30 to $32,815.00. Parks Depart- ment staff has estimated the value of the fill at the Olive Can site to be $21,000 . 00. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. r Landscaping Project/Fox Bluff Corporate Center December 12, 1994 Page 2 FINANCIAL IMPACT Olive Can would be given a credit against its annual mortgage payment of $32,815 . 00 for costs attributable to landscaping the retention pond area. LEGAL IMPACT None. RECOMMENDATION It is recommended that the City Council authorized the Mayor to enter into an agreement with Olive Can Company whereby $32,815 . 00 is credited against Olive Can' s annual payment and the City of Elgin is authorized to remove the existing dirt pile from the Olive Can site. Res tfully-/submitted, 1/cra-5-11�7 Raymond H. Moller, Director Business Services and Properties Richard B. Helwig City Manager amp