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Home My WebLink About02-342Resolution No. 02 -342 RESOLUTION AUTHORIZING EXECUTION OF AN INTERSECTION DEVELOPMENT AGREEMENT WITH PAR DEVELOPMENT, INC. FOR THE U.S. ROUTE 20 AND ROSE LANE IMPROVEMENT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Intersection Development Agreement on behalf of the City of Elgin with Par Development, Inc. for the U.S. Route 20 and Rose Lane improvement project, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: October 23, 2002 Adopted: October 23, 2002 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk INTERSECTION DEVELOPMENT AGREEMENT This Agreement entered into thisJDTf4day of October, 2002, by and between the City of Elgin, an Illinois municipal corporation (the "City "), and Par Development, Inc., an Illinois corporation ( "Par Development'). WITNESSETH: WHEREAS, in order to facilitate the free flow of traffic and insure safety to the motoring public, the City, in conjunction with the State of Illinois, acting by and through its Department of Transportation ( "IDOT"), is planning the development of a channelized and signalized intersection at U.S Route 20 approximately 1350 feet east of the Eastern Joliet and Elgin Railroad right -of -way to replace existing the existing intersection at U.S. Route 20 and Rose Lane located in the City (the "Rose Lane Intersection Project'); and WHEREAS, the Rose Lane Intersection Project will involve improving approxi- mately 2094 lineal feet of U.S. Route 20, FAP Route 345, State Section: 7Y -N -3, State Job No.: C -91- 249 -01, by making the following generally described improvements: The reconstruction and relocation of the intersection of U.S. Route 20 and Rose Lane, including the provision of two, twelve -foot through traffic lanes in each direction, with variable left turn lanes on all legs and vari- able width right turn lanes in each direction, with variable left turn lanes on all legs and variable width right turn lanes on U.S. Route 20. The ex- isting Rose Lane will be modified to a right -in /right -out configuration and will include the installation of permanent traffic control signals at the in- tersection of U.S. Route 20 and Rose Lane, incorporating Rose Lane in the closed loop interconnect system on U.S. Route 20 from the intersec- tion of Shales Parkway and Bluff City Boulevard to Naperville Road. Curbs and gutter and a storm sewer will be constructed to facilitate highway drainage; and WHEREAS, the City and IDOT recognize that the Rose Lane Intersection Project will be permanent in nature and of immediate benefit to the City's residents; and WHEREAS, it is the City's and (DOT's desire to complete the Rose Lane Inter- section Project; and WHEREAS, IDOT is agreeable to participating in its proportionate share of the costs associated with the Rose Lane Intersection Project; and WHEREAS, IDOT has approved a grant to the City that will contribute $600,000.00 toward the construction of the Rose Lane Intersection Project provided that the City acts as the lead agency with responsibility for obtaining bids, awarding the con- struction contract and managing the construction of the Rose Lane Intersection Project in accordance with IDOT rules and regulations; and WHEREAS, the CITY has agreed to become the lead agency in the Rose Lane Intersection Project; and WHEREAS, the City has agreed to apply the monies, if any, it receives from IDOT toward the cost of constructing the Rose Lane Intersection Project; and WHEREAS, Par Development is the developer of a proposed planned unit de- velopment consisting of 134 townhomes and 98 singe - family residences to be built on a 127.2 -acre parcel, a portion that parcel being located in the Village of Bartlett and the remaining portion of the parcel the subject of a petition seeking annexation to the Vil- lage of Bartlett; and WHEREAS, the Rose Lane Intersection Project will improve traffic movement and traffic safety in the area and will also benefit and serve future residents of proposed residential developments in the City and the Village of Bartlett; and WHEREAS, the City, Par Development, the Village of Bartlett and benefiting pri- vate property owners have entered into an Intergovernmental Agreement dated Sep- tember 20, 2002 governing the parties' respective undertakings and obligations with re- gard to the Rose Lane Intersection Project; and WHEREAS, Par Development will be dedicating land and paying for the cost of designing and constructing the Rose Lane Intersection Project and the City will be reim- bursing Par Development for a portion of said costs from the grant monies the City re- ceives from IDOT for the construction of the Rose Lane Intersection Project; 2 NOW, THEREFORE, for and in consideration of the mutual promises and under- takings contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City and Par Development shall work in conjunction with IDOT in the planning, development and construction of the Rose Lane Intersection Project. 2. Par Development shall construct the Rose Lane Intersection Project, in conjunction with the City and IDOT, and Par Development shall be solely responsible for all the costs of constructing the Rose Lane Intersection Project in excess of the funds provided to the City by IDOT for the construction of the Rose Lane Intersection Project. This provision shall not be intended to limit Par Development's right to seek compensation from other property owners or developers benefiting from the Rose Lane Intersection Project. 3. Upon the City being reimbursed by IDOT for completing the Rose Lane Intersec- tion Project, and in the event Par Development has otherwise complied with the terms and conditions of this Agreement, the City shall reimburse Par Development in an amount equal to those funds received by the City from IDOT for completing the Rose Lane Intersection Project. 4. The City and Par Development acknowledge and agree that the City's sole finan- cial contribution towards the costs of the Rose Lane Intersection Project will be from the funds, if any, provided to the City by IDOT for the Rose Lane Intersection Project, and that the City shall not be required to make any other contribution to Par Development or otherwise provide funding for the Rose Lane Intersection Pro- ject. 5. The City shall obtain bids, award the construction contract and manage the con- struction of the Rose Lane Intersection Project in accordance with all applicable IDOT rules and regulations and in accordance with the City's July 10, 2002 agree- ment with the State of Illinois for the construction of the Rose Lane Intersection Project, said agreement with IDOT and the attendant resolutions authorizing the City's execution of that agreement being attached to and incorporated into this Agreement as "Exhibit A." Q 6. The City shall employ a consulting engineer in accordance with applicable IDOT rules and regulations to provide construction engineering services for the Rose Lane Intersection Project as the lead agency for said project and to ensure all re- quirements of the construction plans, specifications and permits are satisfied. Par Development shall be responsible for the costs incurred by the City for employing a consulting engineer to oversee the Rose Lane Intersection Project. 7. Par Development shall prepare plans, specifications and bid documents necessary to construct the Rose Lane Intersection Project. Par Development shall make any revisions necessary to obtain from IDOT a permit for the construction of the Rose Lane Intersection Project. 8. Par Development shall convey or cause to be conveyed to IDOT, at no cost to the City or to IDOT, the real property necessary to establish the requisite right -of -way for the Rose Lane Intersection Project. 9. The City and Par Development acknowledge and agree that the commencement of the Rose Lane Intersection Project is contingent upon the Trustee of Harris Trust & Savings Bank, as Successor Trustee to Harris Bank Barrington N.A., as Trustee under Trust Agreements dated July 1, 1991 and August 1, 1991, known as Trust Nos. 11 -4603 and 11 -4610, respectively (the "Harris Trust "), conveying to the City an eighty -foot wide right -of -way extending from the centerline of U.S. Route 20 to four hundred feet south and any additional right -of -way as may be required to con- struct an access road to the Consolidated Freightways business operating at 1601 Villa Avenue, Elgin, Illinois. In the event said right -of -way is not freely conveyed to the City by the Harris Trust, the City shall use, to the full extent permitted by law, its eminent domain power to obtain such right -of -way. Prior to commencing any condemnation action, Par Development shall submit, for City review and approval, written documentation demonstrating that Par Development has pursued reason- able alternatives for the acquisition of such right -of -way, and Par Development shall deposit with the City the amount of funds necessary to pursue eminent do- main action. All such actions by the City shall be at no cost to the City, which cost shall be borne by Par Development. Ell 10. Par Development shall commence construction on the Rose Lane Intersection Pro- ject not more than 180 days after obtaining a permit for the construction of the Rose Lane Intersection Project from IDOT, provided that the conveyance to the City of the right -of -way described in paragraph 9 of this Agreement has occurred, and shall diligently work to complete the Rose Lane Intersection Project within a reasonable time period for the road construction industry. 11. Par Development shall be responsible for and pay all costs associated with the Rose Lane Intersection Project including, without limitation, the planning, engineer- ing, development and construction thereof. Upon obtaining a permit for the con- struction of the Rose Lane Intersection Project from IDOT and the conveyance to the City of the right -of -way described in paragraph 9 of this Agreement, and prior to the City issuing bids for the construction of the Rose Lane Intersection Project, Par Development shall submit to the City a sum of money or an irrevocable financial commitment from a banking or lending institution in the amount of one hundred ten percent (110 %) of the City of Elgin's Engineer's approved estimate of cost for the engineering and construction of the Rose Lane Intersection Project to guarantee the completion of, and payment for, the contemplated work. The City shall utilize such monies from Par Development towards the cost of the Rose Lane Intersec- tion Project. Any irrevocable financial commitment from a banking or lending insti- tution tendered to the City shall be subject to the City's fiscal services manager's approval upon receipt of reasonable evidence that such institution has a share- holders' equity to weighted risk assets ratio of four percent (4 %) or greater as de- termined by the latest quarterly financial report submitted to the Federal Reserve District Bank of the Federal Deposit Insurance Corporation. If at any time the City believes that the amount of such irrevocable financial commitment as originally pledged, or as reduced in accordance with its terms, is insufficient to complete all the work guaranteed by such commitment, it shall inform Par Development of this fact and the amount of the additional security required to be posted. 12. Par Development shall complete the construction of the Rose Lane Intersection Project in accordance with all applicable IDOT rules and regulations, in accordance with the approved plans and specifications for the Rose Lane Intersection Project, +7 and in accordance with the City's July 10, 2002 agreement with the State of Illinois for the construction of the Rose Lane Intersection Project that has been attached to and incorporated into this Agreement as "Exhibit A." 13. The City, at Par Development's request, shall prepare a recapture ordinance that will enable Par Development to recover its costs for the engineering, right -of -way conveyance, construction and construction observation of the Rose Lane Intersec- tion Project. Any such recapture ordinance shall expressly exclude any funds pro- vided by IDOT for the construction of the Rose Lane Intersection and shall only in- clude costs that are directly attributable to the construction of the Rose Lane Inter- section Project. Any such recapture ordinance shall identify the certain adjoining properties, all of which are located within the City of Elgin, for which there is a rea- sonable expectation that the owners of such adjoining properties would seek an- nexation or require development approval by the City and shall provide for pay- ment by the adjoining property owner(s) for a pro rata share of the value of the Rose Lane Intersection Project improvements. The recapture shall be payable prior to the passage of an ordinance annexing such adjoining property or prior to development approval by the City, to the extent the City is permitted to do so by law. 14. This Agreement and each and every portion thereof shall be binding upon the suc- cessors and the assigns of the parties hereto; provided, however, that no assign- ment shall be made without the prior written consent of the City. 15. Each party hereto represents to the other that it has full knowledge as to all mate- rial matters bearing on the respective positions and obligations that are addressed by this Agreement and acknowledges the reliance of the other party on the repre- sentations and undertakings set forth herein in entering into this Agreement. This Agreement embodies the entire Agreement of the parties with respect to the sub- ject matter hereof. There are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall not be modified except with the written consent of the City and Par Development. 16. Neither party shall be under any obligation to exercise any of the rights granted to it in this Agreement except as is shall determine to be in its best interest from time lei to time. The failure of any party to exercise at any time any such right shall not be deemed or construed a waiver thereof, nor shall such failure void or affect such party's right to enforce such right or any other right. 17. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies and benefits provided by this Agreement shall be cumula- tive and shall not be exclusive of any other such rights, remedies and benefits al- lowed by law. 18. This Agreement is and shall be deemed and construed to be the joint and collec- tive work product of the City and Par Development and, as such, this Agreement shall not be construed against either party, as the otherwise purported drafter of same, by any court of competent jurisdiction and order resolving any inconsis- tency, any ambiguity, vagueness or conflict in the terms or provisions, if any, con- tained herein. 19. It is understood and agreed that nothing herein contained is intended or shall be construed to, in any respect, create or establish the relationship of co- partners be- tween the City and Par Development or as constituting Par Development as a gen- eral representative or general agent of the City for any purpose whatsoever. 20. This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for any legal proceedings shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 21. If any clause or provision of this Agreement is determined to be illegal, invalid, or unenforceable under present or future laws, the remainder of this Agreement shall not be affected by such determination, and in lieu of each clause or provision that is determined to be illegal, invalid or unenforceable, there shall be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and en- forceable. 22. This Agreement fully expresses the entire understanding of the City and Par De- velopment. Any and all understandings are hereby canceled. No future changes in the terms of this Agreement shall be valid unless reduced to writing and signed by both the City and Par Development by their legally authorized officials. 7 shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illi- nois. 21. If any clause or provision of this Agreement is determined to be illegal, invalid, or unenforceable under present or future laws, the remainder of this Agreement shall not be affected by such determination, and in lieu of each clause or provision that is determined to be illegal, invalid or unenforceable, there shall be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and en- forceable. 22. This Agreement fully expresses the entire understanding of the City and Par De- velopment. Any and all understandings are hereby canceled. No future changes in the terms of this Agreement shall be valid unless reduced to writing and signed by both the City and Par Development by their legally authorized officials. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. CITY OF ELGIN By: Ci -Mana Vr Attest: PAR DEVELOPMENT, INC. By: S � , & David R. Plote, Vice President Attest: Title: FAP Route 345 State Section 7Y -N -3 County Cook Job No. C -91- 249 -01 JN- 102 -515 AGREEMENT This agreement entered into this lOthday of July A.D., 20 02 , by and between the STATE OF ILLINOIS, acting by and through its DEPARTMENT OF TRANSPORTATION hereinafter called the STATE, and the City of Elgin, County of Cook, of the State of Illinois, hereinafter called the CITY. WITNESSETH: WHEREAS, the STATE in order to facilitate the free flow of traffic and insure safety to the motoring public, is desirous of improving approximately 2094 lineal feet of U.S. Route 20, FAP Route 345, State Section: 7Y -N -3, State Job No.: C -91- 249 -01, by making the following improvement. Intersection reconstruction and relocation of U.S. Route 20 at Rose Lane, providing 2 -12 foot through traffic lanes in each direction, with variable left turn lanes on all legs and variable width right turn lanes on U.S. Route 20, existing Rose Lane will be modified to a right Wright out configuration, installing permanent traffic signals at the U.S. Route 20 intersection with Rose Lane, and incorporating Rose Lane in the closed loop interconnect system on U.S. Route 20 from Shales Parkway/Bluff City Boulevard to Naperville Road, constructing curb and gutter and a storm sewer system for highway drainage, and by performing all other work necessary to complete the improvement in accordance with the approved plans and specifications; and WHEREAS, the CITY has agreed to become the lead agency in this improvement; and WHEREAS, the STATE is agreeable to participating in its proportionate share of the costs associated with the intersection improvement; and WHEREAS, the STATE and the CITY are desirous of said improvement in that same will be of immediate benefit to the CITY residents and permanent in nature; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: 1. The CITY agrees to make the surveys, obtain all necessary rights of way, prepare plans and specifications; receive bids and award the contract, furnish engineering inspection during construction and cause the improvement to be built in accordance with the plans, specifications and contract. 2. The CITY also agrees to pay or provide for the payment of, all right -of -way, construction and engineering costs subject to reimbursement by the STATE as hereinafter stipulated. The City agrees to negotiate with the E.J. & E. Railroad for any adjustments on or around railroad right of way. 3. The STATE agrees to reimburse the CITY for the actual cost of preliminary and construction engineering and construction of the intersection improvements, for normal STATE policy payable items, up to a maximum amount of $600,000. -2- 4. The CITY agrees to obtain and pay for the cost of acquiring all necessary right of way to complete the project. 5. Upon the execution of this Agreement, proof of award of the contract for this improvement, and receipt of an invoice, the STATE will pay the CITY, an amount equal to 95% of its obligation incurred under this Agreement, and will pay to said CITY the remainder of its obligation in a lump sum, upon completion of the project, and receipt of a final invoice, based upon final cost, up to a maximum STATE participation limit of $600,000. 6. The CITY shall exercise its franchise rights to cause private utilities to be relocated, if required, at no expense to the STATE. 7. The CITY agrees to cause its utilities located on right of way after said right of way was acquired by the STATE or installed within the limits of a roadway after the said roadway's jurisdiction was assumed by the STATE, to be relocated and/or adjusted, if required, at no expense to the STATE. 8. All CITY owned utilities, on STATE right of way within the limits of this improvement, which are to be relocated/adjusted under the terms of this Agreement, will be relocated/adjusted in accordance with the applicable portions of the "Accommodation of Utilities of Right of Way of the Illinois State Highway System." (92 M. Adm. Code 530) -3- 9. The CITY agrees to obtain from the STATE an approved permit for the facility, and to abide by all conditions set forth therein. 10. The CITY has adopted, and will put into effect, prior to the CITY advertising for the work to be performed hereunder, an ordinance requiring that parking be prohibited, along U.S. Route 20 within the limits of this improvement, within the CITY limits, a copy of which is attached hereto as Exhibit B and made a part hereof, and will, in the future, prohibit parking at such locations within, or immediately adjacent to, this improvement, as may be determined by the STATE or be necessary from traffic capacity studies. 11. The CITY has adopted and will put into effect an appropriate ordinance, prior to the CITY's advertising for the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance, prohibiting the discharge of sanitary sewage and industrial waste water into any storm sewers constructed as a part of this improvement along U.S. Route 20, a copy of which is attached hereto as "Exhibit C ". 12. Prior to the CITY advertising for the work proposed hereunder, the disposition of encroachments will be cooperatively resolved with representatives from the CITY and the STATE. The CITY has adopted and will put into effect an appropriate ordinance, prior to the CITY's advertising for the proposed work to be performed hereunder, or shall continue to enforce an existing ordinance, relative to the disposition of encroachments and !!M prohibiting, in the future, any new encroachments within the limits of the improvement, along U.S. Route 20, a copy of which is attached as "Exhibit D ". 13. It is mutually agreed by and between the parties hereto that the issuance of an approved permit by the STATE, will act as an approval of the plans and specifications as prepared by the CITY of its agent, prior to the CITY advertising for the work to be preformed hereunder. 14. The CITY agrees not to permit driveway entrance openings to be made in the curb, as constructed, or the construction of additional entrances, private or commercial, along U.S. Route 20 without the consent of the STATE. 15. Upon completion of the improvement and final field inspection by the STATE, and so long as U. S. Route 20 is used as a STATE highway, the STATE agrees to maintain, or cause to be maintained, the median, the through traffic lanes, the left turn and right turn lanes, and the curb and gutter or stabilized shoulders and ditches adjacent to those lanes. The STATE will be responsible for the maintenance of lane line and median line markings. 16. Upon final field inspection of the improvement, the CITY agrees to maintain, or cause to be maintained, those portions of the improvement which are not maintained by the STATE, including parking lanes and their adjacent curb and gutter, sidewalks, parkways, guardrails, crosswalk and stopline markings on all effected highways, the mast arm cross -5- street signing facing CITY maintained streets, CITY owned utilities, including all highway appurtenances thereto, highway lighting, including furnishing the electrical energy thereof, and shall maintain the storm sewers and appurtenances by: Performing those functions necessary to keep the sewer in a serviceable condition, including cleaning sewer lines, inlets, manholes, and catch basins along with the repair or replacement of inlet, manhole and catch basins' frames, grates or lids, plus structural failures to a maximum length of 12 feet between adjacent manholes. The maintenance, repair, and/or reconstruction of storm sewers constructed as a part of this improvement beyond the aforedescribed responsibilities shall be that of the STATE. 17. The CITY agrees to retain ownership, jurisdiction and maintenance of the newly constructed Rose Lane. 18. The CITY shall maintain, for a minimum of three years after the completion of the Project, adequate books, records, and supporting documents to verify the amounts, recipients, and uses of all disbursements of funds passing in conjunction with this Agreement. All books, records, and supporting documents related to the Project shall be available for review and audit by the Auditor General and other STATE Auditors, and the CITY agrees to cooperate fully with any audit conducted by the Auditor General and other STATE Auditors, and to provide full access to all relevant materials. Failure to maintain the books, records, and supporting documents required by this paragraph shall establish a presumption in favor of the STATE for the recovery of any funds paid by the 0 STATE under this Agreement for which adequate books, records, and supporting documentation are not available to support their purported disbursement. 19. The CITY agrees to comply with all applicable Executive Orders and Federal Highway Acts pursuant to the Equal Employment Opportunity and non - discrimination regulations required by the STATE. The City, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate. 20. Upon acceptance by the STATE of the new permanent traffic signal installation included herein, the responsibility for maintenance and energy shall continue to be incorporated as outlined in the Master Agreement executed by the STATE and the CITY on March 3, 1982. 21. It is also understood that the STATE will maintain the closed loop interconnect system on U.S. Route 20 from Shales Parkway/Bluff City Boulevard to Naperville Road. -7- Obligations of the STATE will cease immediately without penalty or further payment being required if, in any fiscal year, the Illinois General Assembly or Federal funding source fails to appropriate or otherwise make available funds for this contract_ THIS AGREEMENT, and the covenants contained herein, shall become null and void in the event the contract covering the construction work contemplated herein is not awarded within 3 years subsequent to execution of this Agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. ATTEST: W>7 "�"�,.� fJ C r t ice, City Clerk (SEAL) — li:inance & Administrator By: Chief Counsel S: \WP1Projsupp\AGNMXk t1020304e1®nagrus20agr -do Ma City of Elgin By:�i! Mayor Date: O 2 O o LE STATE OF ILLINOIS OF TRANSPORTATION By: Wv k 9., Secretary State of Illinois ) County of Kane) ss. City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 02 -255 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U.S. ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT adopted by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. City Clerk (SEAL) Resolution No. 02 -255 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U.S. ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT BE- IT RESOLVED BY THE CITY ILLINOIS, that Ed Schock, Mayor, be and are hereby authorized and on behalf of the City of Elgin Transportation for the U.S. Rout improvement, a copy of which is hereof by reference. Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk COUNCIL OF THE CITY OF ELGIN, and Dolonna Mecum, City Clerk, directed to execute an agreement with the Illinois Department of e 20 and Rose Lane intersection attached hereto and made a part s/ Ed Schock Ed Schock, Mayor State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: ORDINANCE NO. G45 -02 AN ORDINANCE RESTRICTING PARKING ALONG LAKE STREET AND U.S. ROUTE 20 WITHIN THE CITY OF ELGIN passed by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. (SEAL) AN O RESTRICTING PARKING ALONG WITHIN THE Ordinance No. C45 -02 LAKE STREET AND U.S. ROUTE 20 CITY OF ELGIN WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between the E.J. and E_ Railroad and the east city limits in the City of Elgin; and WHEREAS, a portion of this project runs through the City of Elgin; and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Elgin agrees that the parking along Lake Street shall be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That parking shall not be permitted along Lake Street form Shales Parkway to the eastern city limits. Section 2. That the City Council of the City of Elgin will prohibit future parking at such locations on or immediately adjacent to Lake Street as may be determined and directed by the State of Illinois to be necessary to ensure the free flow of traffic and safety to the motoring public. Section 3. That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002, by and between the State of Illinois and the City of Elgin. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval according to law. _s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 11, 2002 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of ORDINANCE NO. G46 -02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE LAKE STREET (U.S. ROUTE 20) AT ROSE LANE IMPROVEMENTS passed by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. -Q.—c- City Clerk (SEAL) Ordinance No. G46 -02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE LAKE STREET (U.S. ROUTE 20) AT ROSE LANE IMPROVEMENTS WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project includes the installation of storm sewers and drainage facilities; and WHEREAS, a portion of this project runs through the City of Elgin including the installation of storm drains and drainage facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. No person, firm, discharge any sanitary waste or storm sewer or drainage facility Street improvement, said limits of Parkway and the east city limits through the City of Elgin. corporation or other entity shall industrial waste water into any constructed as part of the Lake improvement being between Shales and a portion of which passes Section 2. That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002, by and between the State of Illinois and the City of Elgin. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 11, 2002 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk State of Illinois ) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of ORDINANCE NO. G47 -02 AN ORDINANCE PROHIBITING ENCROACHMENT WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG LAKE STREET (U.S. ROUTE 20) passed by the Elgin City Council at its legally convened meeting held on July 10, 2002. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this July 11, 2002. �' A4� —City Cle /k (SEAL) Ordinance No. C47 -02 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG LAKE STREET (U.S. ROUTE 20) WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project is being constructed in order to facilitate the free flow of traffic and ensure safety to the motoring public; and WHEREAS, a portion of this project runs through the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That no person, firm, corporation or other entity shall install, place, maintain or construct any structure that encroaches upon the State of Illinois right of way on Lake Street within the limits of the City of Elgin. Section 2. That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002, by and between the State of Illinois and the City of Elgin. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 11, 2002 Published: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk Resolution No. 02 -255 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ILLINOIS DEPARTMENT OF TRANSPORTATION FOR THE U.S. ROUTE 20 AND ROSE LANE INTERSECTION IMPROVEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, 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 the Illinois Department of Transportation for the U.S. Route 20 and Rose Lane intersection improvement, a copy of which is attached hereto and made a part hereof by reference. sl Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Illinois Department of Transportation Division'of Highways /District 1 201 West Center Court/Schaumburg,Illinois 60196 -1096 V June 28, 2000 JUN 3 0 2000 The Honorable Ed Schock Mayor City of Elgin 150 Dexter Court Elgin; IL 60120 Dear Mayor Schock: On June 12, 2000, we met with Messrs. David Lawry and Joseph Evers of your staff to discuss the improvement of U.S. Route 20 at Rose Lane. This will serve as a Letter of Intent outlining the terms discussed at that meeting. The City of Elgin will be responsible for preparing or causing to be prepared the required engineering documents and will let and award the contract. The City will process this project through the Department's Bureau of Traffic Permit Section. The Department will reimburse the City for construction costs associated.with this intersection improvement up to a maximum of $600,000. This funding will be available in the Department's Fiscal Year 2002 Program timeframe (July 1, 2001 -June 30, 2002). The Department will prepare a City/State agreement, which will state that the reimbursement to the City will be 95% upon award of a contract and receipt of an invoice from the City and 5% upon completion of the contract. Please indicate your concurrence to these terms by signing on the appropriate line below and return this original to our office. The Honorable Ed Schock June 28, 2000 Page two If you have any questions or need additional information, please contact me or Mr. Roger Valente, Area Programmer, at (847)705 -4078. Very truly yours, John P. Kos, P.E. District Engineer By:`� Patrick J. Pechnick, P.E. Bureau Chief of Programming Concur L� wtl% x Q'" 646 61'W4761 s Do Not Concur Title Date l7!l fit t.�n iS , D 0 r cc: Mr. Joseph Evers SA W%PROGDE V \ep00628c_doc .CONDITIONS OF JUNE 28, 2000 LETTER OF INTENT WITH ILLINOIS DEPARTMENT OF TRANSPORTATION FOR U.S. ROUTE 20 AT ROSE LANE 1. The City shall use best efforts to enter into an agreement with a third party (currently proposed to be PAR Development, Inc.) to cause the completion of engineering and acquisition of right -of- -way to the satisfaction of the Illinois Department of Transportation. The City shall require the third party to provide the engineering necessary to bid and construct a fully signalized and cbannelized intersection approximately 1,350 feet east of the Elgin, Joliet and Eastern Railroad. 2. The City of Elgin shall not be responsible for any costs to acquire right -of -way or to construct the intersection. The agreement between the City and the State of Illinois shall be conditioned upon the City receiving funds from the developers and/or other interested parties for all costs above the State's share of $600,000_ The Illinois Department of Transportation shall review and ultimately approve the engineering and right -of -way acquisition and issue a permit to the City of Elgin. The permit shall indicate that the engineering meets with the satisfaction of the Illinois Department of Transportation and shall indicate that all right -of -way necessary to construct the improvement have been properly conveyed to the Illinois Department of Transportation. 4. The City of Elgin desires access for two undeveloped incorporated parcels along the north side of U.S. Route 20. The north leg of the proposed intersection will lie on an undeveloped unincorporated parcel_ To gain access to the proposed intersection for its undeveloped parcels, the City will need the Illinois Department of Transportation's cooperation to insure public right -of -way is extended to the western property line of the unincorporated parcel (currently known as the Metzger property) when this parcel applies for a permit to access the intersection. 5: It is understood that the City will provide emergency and police response for the intersection and it is anticipated that the Illinois Department of Transportation will require the City to pay for all electrical costs and one half the maintenance costs of the signals. Roadway improvements are anticipated to be maintained by the Illinois Department of Transportation. Ordinance No. G46 -02 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS PART OF THE LAKE STREET (U.S. ROUTE 20 AT ROSE LANE IMPROVEMENTS WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project includes the installation of storm sewers and drainage facilities; and WHEREAS, a portion of this project runs through the City of Elgin including the installation of storm drains and drainage facilities. NOW, THEREFORE., BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. No person, firm, corporation or other entity shall discharge any sanitary waste or industrial waste water into any storm sewer or drainage facility constructed as part of the Lake Street improvement, said limits of improvement being between Shales Parkway and the east city limits, and a portion of which passes through the City of,Elgin. Section 2. That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002, by and between the State of Illinois and the City of Elgin. Section 3. That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 11, 2002 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Ordinance No. G47 -02 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT OF WAY ALONG LAKE STREET (U.S. ROUTE 20) WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between Shales Parkway and the east city limits in the City of Elgin; and WHEREAS, said project is being constructed in order to facilitate the free flow of traffic and ensure safety to the motoring public; and WHEREAS, a portion of this project runs through the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That no person, firm, corporation or other entity shall install, place, maintain or construct any structure that encroaches upon the State of Illinois right of way on Lake Street within the limits of the City of Elgin. Section 2. That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002, by and between the State of Illinois and the City of Elgin. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 11, 2002 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Ordinance No. G45 -02 AN ORDINANCE RESTRICTING PARKING ALONG LAKE STREET AND U.S. ROUTE 20 WITHIN THE CITY OF ELGIN WHEREAS, the State of Illinois, acting by and through its Department of Transportation, is desirous of improving Lake Street (U.S. Route 20) between the E.J. and E. Railroad and the east city limits in the City of Elgin; and WHEREAS, a portion of this project runs through the City of Elgin; and WHEREAS, in order to facilitate the free flow of traffic and ensure safety to the motoring public, the City of Elgin agrees that the parking along Lake Street shall be prohibited. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That parking shall not be permitted along Lake Street form Shales Parkway to the eastern city limits. Section 2. That the City Council of the City of Elgin will prohibit future parking at such locations on or immediately adjacent to Lake Street as may be determined and directed by the State of Illinois to be necessary to ensure the free flow of traffic and safety to the motoring public. Section 3. That the City Clerk of the City of Elgin is hereby authorized and directed to attach a copy of this ordinance to the agreement dated July 10, 2002, by and between the State of Illinois and the City of Elgin. Section 4. That this ordinance shall be in full force and effect from and after its passage and approval according to law. s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Passed: July 10, 2002 Omnibus Vote: Yeas: 6 Nays: 0 Recorded: July 11, 2002 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk August 28, 2002 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement') is made and entered into as of the aor.E day ofw , 2002 by and between the City of Elgin, an Illinois municipal corporate (hereinafter referred to as "Elgin "); the Village of Bartlett, an Illinois municipal corporation (hereinafter referred to as 'Bartlett'); Harris Trust & Savings Bank, as Successor Trustee to Harris Bank Barrington N.A. as Trustee under Trust Agreements dated July 1 ,1981 and August 1, 1gg1 and known as Trust Nos. 11 -4603 and 11 -4610 (hereinafter referred to as the "Harris Trust'); Par Development, Inc., an Illinois corporation (hereinafter referred to as "Par Development'); LaSalle f l Ban as Trustee under Trust Agreement dated Aprill, 1995 and known as Trus o. al' (hereinafter referred as the "LaSalle Trust'); and Bartlett International, Inc., an Illinois corporation, which is the beneficiary of LaSalle National Bank Trust No. 109701 (hereinafter collectively referred to as "Corrado'). WITNESSETH WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of local government, including municipalities, to enter into contracts to exercise; combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the Intergovernmental Cooperation Act, authorizes units of local government in Illinois to exercise jointly with any other public agency within the state, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually and to enter into contracts for the performance of governmental services, activities and undertakings; and WHEREAS, Elgin, in conjunction with the Illinois Department of t iuu i -/, is piannmg the oeveiopment of a cnannelized and signalized intersection at U.S. Route 20 approximately 1350 feet east of the Eastern Joliet and Elgin Railroad right -of -way to replace the existing intersection at U.S. Route 20 and Rose Lane located in Elgin as depicted on Exhibit A (the 'Rose Lane Intersection Project'); and WHEREAS, ]DOT has approved of a grant that will contribute $600,000.00 toward the cost of construction of the Rose Lane Intersection Project provided Elgin acts as lead agency with responsibility for obtaining bids, awarding the construction contract and managing the construction of the Rose Lane Intersection Project in accordance with IDOT rules and regulations; and WHEREAS, Elgin has agreed to apply the monies, if any, it receives from IDOT toward the cost of the construction of the Rose Lane Intersection Project; and . WHEREAS, Par Development is the developer of the proposed Spaulding Springs Planned Unit Development (the "Spaulding Springs Project') consisting of 134 townhomes and 98 single family homes, to be built on the 104 acre portion of the Par Development Parcel in Bartlett and on the 232 acre portion of the Par Development Parcel currently in unincorporated Cook County, which the Harris Trust has petitioned be annexed to Bartlett; and WHEREAS, Par Development is willing to dedicate land and pay for the cost of designing and constructing the Rose Lane Intersection Project based on the understanding that a portion of said costs will be reimbursed from the IDOT grant monies received by Elgin; and WHEREAS, the Rose Lane Intersection Project and the accompanying relocation of existing Rose Lane to connect with the new intersection, if it proceeds, will improve traffic movements and traffic safety in the area and will also benefit and serve (i) the future residents of the proposed residential development on the Bella Rosa Parcel in Elgin; (ii) the future residents of the proposed residential development on the Retained Parcel in Elgin; (iii) the residents of the existing Bartlett on the Greens Subdivision in Bartlett; and (iv) the future residents of the proposed residential development on the Par Development Parcel, as those parcels are depicted on Exhibit A and are hereinafter legally described; and WHEREAS, Bartlett passed Ordinance 2002- C) I approving of an Annexation and Development Agreement which obligates Bartlett to approve of the Spaulding Springs Project subject to certain conditions, one of which is execution and performance by Par Development of its obligations under this Agreement; and WHEREAS, the Trustee of the LaSalle. Trust is the owner of certain real property, a portion of which is located in Elgin, that real property being more particularly described on Exhibit C which is attached to and incorporated into this Agreement (the "LaSalle Parcel "); and WHEREAS, the LaSalle Parcel is located adjacent to the eastern boundary of the Par Development Parcel; and WHEREAS, Elgin passed Ordinance No. approving of a site plan for a residential development project known as the 'Bella Rosa Project' on a 28.5 +/- acre portion of the LaSalle Parcel located in Elgin (the "Bella Rosa Parcel'), and which is legally described on Exhibit D; and WHEREAS, Elgin has also approved of a five lot subdivision on a 11 +/- acre portion of the LaSalle Parcel located immediately south of the Bella Rosa Parcel (the 'Retained Parcel') which is currently being used as a golf course by the Villa Olivia Golf Course and Country Club, which is legally described on Exhibit E; and WHEREAS, in connection with a zoning petition filed with Bartlett by the Trustee of the LaSalle Trust and the Villa Olivia Development Company with respect to other land previously owned by the LaSalle Trust within the corporate limits of Bartlett, the Village of 2 Bartlett passed Ordinance No. 87 -42 on August 26, 1987 ( "Bartlett Ordinance 87 -42 "), which rezoned certain property commonly known as the Villa Olivia Property in Bartlett and granted a special use permit for a Planned Unit Development (the "Villa PUD "); and WHEREAS, as part of the Villa PUD, Bartlett approved of the Bartlett on the Greens Subdivision in Bartlett, which is east of and adjacent to the Retained Parcel in Elgin; and WHEREAS, Bartlett and the owner and developer of the Villa PUD contemplated that the LaSalle Parcel located in Elgin may, in the future, develop in Elgin, but need to be connected to the Bartlett sanitary sewer system; however, Bartlett Ordinance 87 -42 provided that no portion of the LaSalle Parcel located in the City of Elgin may be connected to Bartlett's sanitary sewer system until a written agreement has been entered into between Bartlett and Elgin relative to maintenance responsibility and the collection of user charges therefor; and WHEREAS, the sanitary sewer improvements installed in the Bartlett on the Greens Subdivision developed in Bartlett on a portion of the Villa Olivia Property were oversized and extended almost to the LaSalle Parcel at the expense of the developer of the Villa PUD, in accordance with the engineering plans approved by the Bartlett Village Engineer in contemplation of the LaSalle Parcel eventually connecting to the Bartlett sanitary sewer system; and WHEREAS, Elgin, the developer of the Bella Rosa Parcel and the Retained Parcel are now seeking to connect the LaSalle Parcel to the Bartlett sanitary sewer system and to enter an Intergovernmental Agreement as contemplated by Bartlett Ordinance 87 -42; and WHEREAS, Bartlett has, until now, been unwilling to enter such an agreement because of Bartlett's desire to obtain reasonable written assurance (as herein contained) that the Rose Lane Intersection Project will be built, because it believes that the current Rose Lane intersection cannot safely handle the additional traffic that will be generated by the Bella Rosa Project in Elgin, the development of the Retained Parcel in Elgin, or the Spaulding Springs Project in Bartlett; and WHEREAS, Bartlett needs to obtain a watermain easement ( "Watermain Easement ") from the LaSalle Trust so that the Bartlett water system can be extended across the Retained Parcel to the Par Development Parcel so that water service is made available to serve the Spaulding Springs Project on the Par Development Parcel; and WHEREAS, Par Development is willing to prepare the plans, cause land to be conveyed for road right -of -way for relocated Rose Lane, advance monies to pay for the cost of the Rose Lane Intersection Project, and otherwise perform its obligations as hereinafter set forth, provided the Trustee of the LaSalle Trust grants the Watermain Easement to Bartlett at no cost to Bartlett or Par Development, and Bartlett approves of the Spaulding Springs Project; and M WHEREAS, the parties hereto recognize that it is in their mutual interest to facilitate the construction of the Rose Lane Intersection Project (with the accompanying realignment of existing Rose Lane located on the LaSalle Parcel so as to connect to said new intersection), to connect the sanitary sewer system to be constructed on the LaSalle Parcel with Bartlett's sanitary sewer system so as to provide sanitary sewer service for the Bella Rosa Parcel and the Retained Parcel, and to procure the Watermain Easement to connect the Par Development Parcel to the Bartlett water system; and WHEREAS, this Agreement is entered into to facilitate the development of the Rose Lane Intersection Project, the LaSalle Parcel, the Par Development Parcel and adjacent lands, and to define certain obligations of, and certain benefits to the parties hereto with respect to said development; and WHEREAS, Elgin is a home rule unit of government which may exercise any power or perform any function relating to its government and affairs, and Bartlett is a home rule unit of government which may exercise any power or perform any function relating to its government and affairs; and WHEREAS, the various undertakings by Elgin in this Agreement relate to the government and affairs of Elgin, and the various undertakings by Bartlett in this Agreement relate to the government and affairs of Bartlett; NOW, THEREFORE, for and in consideration of the mutual promises and undertakings set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Part I -- Rose Lane Intersection Project 1. Elgin shall work in conjunction with IDOT and Par Development in the planning, development and construction of the Rose Lane Intersection Project. It is agreed and understood, however, Elgin will not itself be obligated to construct the Rose Lane Intersection Project, but will simply use good faith efforts to cause same to be completed by a private developer ( "Developer ") at the expense of such Developer (over and above the funds made available by IDOT). 2. If Elgin enters into an intersection development agreement ( "IDA ") with a Developer, then Elgin shall be responsible for obtaining bids, awarding the construction contract and managing the construction of the Rose Lane Intersection Project, all in accordance with applicable IDOT rules and regulations. 3. If Elgin enters into an IDA with a Developer Elgin shall employ a consulting engineer in accordance in applicable IDOT rules and regulations to provide construction engineering services for the Rose Lane Intersection Project as the lead agency for said project and to ensure all requirements of the construction plans, specifications and permits are satisfied. 4 4. It is agreed and understood that nothing in this Intergovernmental Agreement shall obligate Elgin to build (or cause to be built) the Rose Lane Intersection Project. Elgin's participation in the construction of the Rose Lane Intersection Project shall be contingent upon Par Development satisfying the following requirements: a. Par Development shall prepare plans, specifications and bid documents necessary to construct the Rose Lane Intersection Project. Par Development shall make any revisions necessary to obtain from [DOT a permit for the construction of the Rose Lane Intersection Project. b. Par Development shall convey or cause to be conveyed to IDOT at no. cost the real property necessary to establish the requisite right -of -way for the Rose Lane Intersection Project. C. The Trustee of the Harris Trust shall convey or cause to be conveyed to Elgin at no cost an eighty -foot (80') wide right -of -way extending from the centerline of U.S. Route 20 to four hundred (400) feet south and additional right -of- way as may be required to construct an access road to the Consolidated Freightways business operating at 1601 Villa Avenue, Elgin, Illinois. d. Par Development shall be responsible for and pay all costs associated with the Rose Lane Intersection Project including, without limitation, the planning, engineering, development and construction thereof. Upon obtaining a permit for the construction of the Rose Lane Intersection Project from IDOT and the conveyance to Elgin of the right -of -way described in subparagraph (c) of this paragraph, and prior to Elgin issuing bids for the construction of the Rose Lane Intersection Project, Par Development shall pay to Elgin a sum of money in the amount of one hundred ten percent (110 %) of the Elgin City Engineer's approved estimate of cost for the engineering and construction of the Rose Lane Intersection Project to guarantee the completion of, and payment for, the contemplated work. Elgin shall utilize such monies from Par Development towards the cost of the Rose Lane Intersection Project. 5. Upon receipt of monies by Elgin from IDOT for the Rose Lane Intersection recited in this Agreement and the requirements in any contract between the City and Par Development regarding the Rose Lane Intersection Project, Elgin shall reimburse to Par Development such monies received from IDOT for the Rose Lane Intersection Project. 6. Elgin, at Par Development's request, shall prepare a recapture ordinance, which will enable Par Development to recoup its costs for the engineering, right -of -way conveyance, construction and construction observation of the Rose Lane Intersection. Any such recapture ordinance shall expressly exclude any funds provided by IDOT for the construction of the Rose Lane Intersection and shall only include costs that are directly attributable to the construction of the Rose Lane Intersection Project. Any such recapture ordinance shall identify therein certain adjoining properties (all of which are located within the City of Elgin) for which there is a reasonable expectation that the owners of such 5 adjoining properties would seek annexation or require development approval by Elgin and shall provide for payment by the adjoining property owner(s) for a pro rata share of the value of the Rose Lane Intersection Project improvements. The recapture shall be payable prior to the passage of an ordinance annexing such adjoining property or prior to development approval by Elgin, to the extent Elgin may lawfully do so. 7. The parties hereto acknowledge and agree that hereby acknowledges and agrees that Elgin's only financial contribution towards the costs of the Rose Lane Intersection Project will be from IDOT grant funds, if any, received by the City from IDOT for the Rose Lane Intersection Project and that Elgin shall not be required to make any other contribution or otherwise provide funding for the said project. 8. Bartlett shall not be required to contribute any funds to the Rose Lane Intersection Project or for the Watermain Easement. 9. Bartlett agrees to the realignment of that portion of existing Rose Lane located on the LaSalle Parcel so as to connect to the new Rose Lane Intersection. Part 11 -- Sanitary Sewer Connection and Watermain Easement 10. Bartlett hereby agrees to allow the developer of the Bella Rosa Project, and to allow the developer of the Retained Parcel, both lying in Elgin, to connect sanitary sewer lines serving said properties to Bartlett's existing sanitary sewer system. Bartlett's agreement to allow such permission to connect to Bartlett's existing sanitary sewer is subject to payment of all of Bartlett's reasonable expenses in connection therewith, including, without limitation, all engineering costs related thereto. The Bella Rosa developer and the developer of the Retained Parcel shall each make such connection to Bartlett's existing sanitary sewer in compliance with plans approved by Bartlett's Village Engineer. In the event the Bella Rosa Project develops before the Spaulding Springs Project, all of the sanitary sewers therefor installed on the LaSalle Parcel where depicted in green on Exhibit A will connect to Bartlett's existing sanitary sewer in the existing Rose Lane right -of -way in the Bartlett on the Greens Subdivision, but it will be necessary for the developer of the Bella Rosa Project to install at its expense a temporary lift station in the Road B right -of -way adjacent to Lot 9 in Elgin, and a force main along Lots 9, 31, 30, 29 and 28. At such time as the Spaulding Springs Project is built and the sanitary sewer therefor is installed on the Par Development Parcel where depicted in green on Exhibit A, the lift station shall be removed and a portion of the Bella Rosa Project will be served by gravity sewer connecting to the Bartlett sewer system on the Par Development Parcel, and a portion will be served by gravity sewer connected to the Bartlett sanitary sewer system at the existing Rose Lane right -of -way in the Bartlett on the Greens Subdivision. In the event the Bella Rosa Project and the Spaulding Springs Project develop at the same time, the temporary lift station and force main will not be necessary and Bella Rosa and the Retained Parcel sewers will be served by gravity sewer connected to the Bartlett sanitary sewer system at the two connection locations depicted on the Preliminary Engineering Plans prepared by Haeger & Associated, Inc. dated November 28, 2000, last revised July 26, 2002, which plans are incorporated herein by reference. f 11. Any disturbance to Bartlett's utilities necessary to facilitate the connection of the LaSalle Parcel to the Bartlett sanitary sewer system shall immediately be repaired or replaced by the developer thereof without cost to Bartlett, otherwise Bartlett may disconnect said property from its sanitary sewer system, without notice or hearing, until the cost of said repair and /or replacement work is paid for by the said developer. 12. All costs associated with the design, installation and maintenance of sanitary sewer lines on and serving the Bella Rosa Parcel shall be the responsibility of the developer of the Bella Rosa Parcel, and all costs associated with the design, installation and maintenance of the Retained Parcel shall be the responsibility of the developer of the Retained Parcel, and each of their respective successor owners and developers of such parcels until such time as such lines are dedicated to and accepted by Elgin (at which time maintenance thereof shall become Elgin's responsibility), and in no event shall Bartlett have any responsibility therefor. Bartlett will not charge a sewer fee or user fee to the Elgin residents residing on the Bella Rosa Parcel or the Retained Parcel unless and only to the extent , if any, required by the MWRD, in which event Elgin will cooperate with Bartlett in the levy, extension and collection of said fees. In the event said developer and /or the successor owners fail to properly and adequately maintain said sanitary sewer mains and lines, and replace them if and when necessary, Bartlett may disconnect said property from its sanitary sewer system unless the developer thereof, the successor owners or Elgin pay for said repairs and /or replacement work. 13. Bartlett International, Inc. shall cause the Trustee of the LaSalle Trust to grant to Bartlett, without charge to Bartlett or recapture from the Trustee of the Harris Trust, Par Development, or any other party, the Watermain Easement through the Retained Parcel in the form attached as Exhibit G. The location of the Watermain Easement shall be along the rear of the proposed 12 single family home lots as shown in blue on Exhibit A attached hereto. All costs associated with the design, installation and the maintenance of the watermain in the Watermain Easement shall be the responsibility of Par Development until such time as said water main is accepted by Bartlett, and ownership of the watermain is transferred to Bartlett, at which time Bartlett shall become obligated to maintain it. Part /if -- Genera/ Provisions ff R66Ftais are an integral p5rt of this Agreement and are hereby expressly incorporated herein. 15. This Agreement shall be binding upon and inure to the benefit the parties hereto and their respective heirs, legatees, legal representatives, grantees, successors and assigns. 16. This Agreement is made between the parties in recognition of the unique circumstances involving (i) the LaSalle Parcel's location within the jurisdictional boundary of Elgin but adjacent to the boundaries of Bartlett, (ii) the adjacency of the LaSalle Parcel to the pending development of the Par Development Parcel, (iii) the necessity for Elgin's assistance to facilitate the construction of the Rose Lane Intersection, and the need for Bartlett to acquire the Watermain Easement through the LaSalle Parcel in Elgin to provide 7 water to the Par Development Parcel and potentially other properties in Bartlett to the west. This Agreement shall not be construed or interpreted as a precedent for any other property or other purpose. 17. Each party hereto represents to the other that it has full knowledge as to all material matters bearing on the respective positions and obligations that are addressed by this Agreement and acknowledges the reliance of the other party on the representations and undertakings set forth herein in entering into this Agreement. 18. This Agreement embodies the entire agreement of the parties with respect to the subject matter hereof. There are no promises, terms, conditions or obligations other than those contained herein. This Agreement shall not be modified except with the written consent of the parties; provided, however, that Elgin shall be free to make or approve minor modifications to the development plan for the LaSalle Parcel so long as such modifications do not materially alter the agreements contained herein regarding the New Rose Lane Intersection, the Watermain Easement, or Bartlett's costs and obligations with respect to the use of Bartlett's sanitary sewer system; and Bartlett shall be free to make or approve of minor modifications to the development plans for the Par Development Parcel so long as such modifications do not materially alter the agreements contained herein regarding the New Rose Lane Intersection, or Elgin's costs and obligations with respect thereto. 19. In the event that the LaSalle Trust and the current developer of the Bella Rosa Parcel, Westfield Homes, are unable to reach a final agreement and the Bella Rosa Project does not proceed, then in the event that an alternate single family home development is submitted to and approved of by Elgin (the "Alternate Residential Development "), Bartlett agrees that it will allow the Alternate Residential Development to connect to the Bartlett sanitary sewer system only in the event the following conditions precedent have been satisfied: (i) the volume of effluent projected to be generated by such Alternate Residential Development shall not be substantially greaterthan thatwhich would have been generated by the Bella Rosa Project and by the five lots on the Retained Parcel as determined by the Bartlett Village Engineer; (ii) the number of units in the Alternate Residential Development on the Bella Rosa Parcel shall be the same or less than the number of units in the Bella Rosa Project and there shall be no more than five single family lots on the Retained Parcel; (iii) the roadway and utility layout, size and location for the Alternate Residential Development shall be substantially the same as shown on the site plan and engineering plans approved of by Elgin for the Bella Rosa Project and for the five lots on the Retained Parcel; (iv) the LaSalle Trust shall have executed the Watermain Easement Agreement and the same shall have been delivered to Bartlett; (v) the Rose Lane Intersection Project shall have been constructed and the traffic signals therefor shall have been installed and made operational; (vi) all of the duties and obligations of each of the parties to this Agreement as contained herein shall have been performed and satisfied. 20. Neither Elgin nor Bartlett shall be under any obligation to exercise any of the rights granted to it in this Agreement except as it shall determine to be in its best interest from time to time. The failure of any party to this Agreement to exercise at any time any such right shall not be deemed or construed a waiver thereof, nor shall such failure void or affect such party's right to enforce such right or any other right. N 21. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies and benefits provided by this Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies and benefits allowed by law. 22. This Agreement is and shall be deemed and construed to be the joint and collective work product of the parties hereto, and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction and order resolving any inconsistency, any ambiguity, vagueness or conflict in the terms or provisions, if any, contained herein. 23. Severability. If any clause or provision of this Agreement is determined to be illegal, invalid, or unenforceable under present or future laws, the remainder of this Agreement shall not be affected by such determination, and in lieu of each clause or provision that is determined to be illegal, invalid or unenforceable, there shall be added as a part of this Agreement a clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible and be legal, valid and enforceable. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN By: Ed Schock, Mayor Attest: Dolonna Mecum, City Clerk Harris Trust & Savings Bank, as successor trustee to Harris Bank Barrington N.A. as Trustee u /t/a 7/1/91 and 8 /1 /q/ a /k/a Trust Nos. 11 -4603 and 11 -4610 Attest: Title: �iKrist ars, Land Trust Administrator SEE EXCULPATORY RIDER ATTACHED HERETO AND MADE -A PVT HERFO VILLAGE OF BARTLETT By L Catherine J. M I ert,;, LMc c a Attest: SEAL e 6111i'dryzGallien, Village Cler LaSalle National Bank, as Trustee u /t/a dated 4/1/95 a /k/a Trust N %J000g741 _ - r Title- Attest: Attestail®n,- eeEaulredby !lu: I'i?5.c � !'��ttQrrkf�! A4cpNntic?II der'^ rffiFftnen! is exeaW bvt6* W N" kWWMrd PMOW MOM insfee'ntheexeraedhepa ma wmar mcomewuconanave1wn5ledind0510 Trustee .4Reve*undelslaod and oa;PK thy ditp+FLOnh% MOWril fl)P2ffltOh= covenonts.urdertokings cno owerents nelew r00e of Me Pall of the Trustee ale undertaken by it soleh, o It copooty as imsiee ono not oersonolly No peisoriol 64hYIIv or Ow. 0 respIXGM s ommeo by of M at any tone 0e owneo a eruoeable ogoulst the TTuhee on occaunl ' f ony wanonly. vicermAkrepresentation, COOW,undeitaking or 9 mieemamnf nip Tnuteemmsnstm )M Par Dev I p t, I By vs, Pre dent Attest: Title: 10 Bartlett International, Inc. By: 4 9) Daniel S. Corrado, Sr., resident Attest: Title: EXCULPATORY RIDER This instrument is executed by Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. as Trustee under the provisions of a Trust Agreement dated August 1, 1991 and July 1, 1991 known as Trust Nos.11 -4603 and 11 -4610 not personally, but solely as Trustee aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of the beneficiaries and /or holders of the power of direction of said Trust and Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. warrants that it possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the said representations, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. in its individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at any time be asserted or enforceable against the Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. on account of any representations, Warranties, (including but not limited to any representations and /or warranties in regards to potential and /or existent Hazardous Waste) covenants, undertakings and agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest hereunder) either expressed or implied or arising in any way out of the transaction in connection with which this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and any liability (including any and all liability for any violation under the Federal and /or State Environmental or Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines penalties, damages, costs of any nature including attorney's fees and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any provision of this instrument referring to a right to be held harmless, indemnified or reimbursed for any and all costs, losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. EXHIBIT LIST Exhibit A Pavia - Marting Map Exhibit B Par Development Parcel Exhibit C LaSalle Parcel Exhibit D Bella Rosa Parcel Exhibit E Retained Parcel Exhibit F Grant of Easement Agreement 0 0 T i C i ) i ) 7 }7 J_ 1 ) i J J J J o � � w w QQ �Q � w ~¢x aoW� w � Q �> w a LEGAL DESCRIPTION OF THE PAR DEVELOPMENT PARCEL IN BARTLETT PARCEL 2: EXHIBIT B A PORTION OF THE WEST 1/2 OF THE SOUTHEAST 114 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND THE NORTH LINE OF THE HIGHWAY, SAID POINT BEING 631.00 NORTH OF THE SOUTHWEST CORNER OF SAID WEST 1/2 OF THE SOUTHWEST 114; THENCE EAST ALONG THE NORTH LINE OF SAID HIGHWAY, 110.00 FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED: THENCE NORTHERLY IN A STRAIGHT LINE, 300.00 FEET TO A POINT, WHICH IS 100.00 FEET EAST OF THE SAID WEST LINE OF THE WEST 1/2 OF THE SOUTHEAST 1/4; T:3..',7CE ;TEST, PARALLEL TO THE NORTH LINE OF SAID HIGHWAY, 100.00 FEET TO A POINT IN THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4; THENCE NORTH ALONG THE WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4, 1722.18 FEET (DEED 1734 FEET) T_ NORTHWEST CORNER THEREOF; THENCE EAST ALONG THE NORTH LINE OF SAID WEST 1/2 OF THE SOUTHEAST L /4, 1214.00 FEET; THENCE SOUTHERLY IN A STRAIGHT LINE, 351.80 FEET (DEED 352 FEET) TO A POINT, WHICH IS 1261.00 FEET EAST OF SAID WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND 350.00 FEET SOUTH OF THE NORTH LINE THEREOF; THENCE SOUTHWESTERLY IN A STRAIGHT LINE, 1755.53 FEET (DEED 1757 FEET) TO A POINT 200.00 FEET_ EAST OF SAID WEST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4 AND 300.00 FEET NORTH OF THE NORTH. LINE OF THE HIGHWAY; THENCE SOUTH IN A STRAIGHT LINE, 300.00 FEET TO A POINT IN THE NORTH LINE.OF SAID HIGHWAY, 210.00 FEET EAST OF SAID WEST LINE OF SAID WEST 3/2 OF THE SOUTHEAST 114; THENCE WEST ALONG THE NORTH LINE OF SAID HIGHWAY, 100.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 3: A PORTION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9, EAST Or THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING -AT THE SOUTHWEST CORNER OF SAID WEST 1/2 OF THE NORTHEAST 1/4; THENCE EAST ON AND ALONG THE SOUTH. LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4, A DISTANCE OF 1214.00 FEET; THENCE NORTHWESTERLY IN A STRAIGHT LINE, 1585.75 FEET (DEED 1590 FEET) TO A POINT, WHICH IS 1033.00 FEET EAST OF THE WEST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4; THENCE WEST, 1033 FEET TO A PPOINT IN THE WEST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4; .THENCE SOUTH ON AND ALONG THE WEST LINE OF SAID 'WEST 1/2 OF THE NORTHEAST 1/4, 1580.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE SOUTHEAST 1/4 AND THE CENTERLINE OF HIGHWAY, BEING 613.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4; THENCE NORTHERLY ALONG THE CENTERLINE, 111.00 FEET; THENCE NORTHERLY IN A STRAIGHT LINE, 330.00 FEET TO A POINT 100.00 FEET EAST OF SAID WEST LINE; THENCE WESTERLY PARALLEL TO THE CENTERLINE OF HIGHWAY, 100.00 FEET TO A POINT IN SAID WESTERLY LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 330.00 FEET TO THE 'PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. s PARCEL S: •, THAT PARK OF THE WEST 1/2 OF SECTION 29, TOWewHIP =_1 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MZRIDIAN, LYING EAST OF THE RIGHT OF WAY OF THE ELGIN, jGLIET iaivu EASTERN RAILWAY AND NORTH OF THE RIGHT OF WAY OF CHICAGO, MILWAUKEE, ST. PAIL AND PACIFIC RAILROAD, ( ZXCEPT THAT PART OF TN ^a SOUTHWEST 1/4 OF SECTION 29, AFOR €SAID: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST PAUL AND PACIFIC RAILROAD WITH THE EAST LINE OF THE RIGHT OF WAY OF THE WAUKEGA.N AND SOUTHWEST RAILWAY COMPANY; THENCE NORTHEASTERLY 12 RODS; THENCE EAST 26 RODS; THENCE SOUTH 17 RODS TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY; THENCE NORTHWESTERLY[ TO THE POINT OF BEGINNING) AND (EXCEPT THAT PAST OF THE LAND DESCRIBED AS FOLLOWS: COMMENCING WHERE THE 1/2 SECTION LINE OF SAID SECTION 29 INTERSECTS THE NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL AND PACT_FIC RAILROAD FORMERLY KNOWN AS CHICAGO AND PACIFIC RAILROAD; THENCE NORTHWESTERLY ON SAID RAILROAD, 1.32 -1/2 CHAINS; THENCE NORTH 2.59 CHAINS; THENCE 1.23 CHAINS TO 1/2 SECTION 'GIN£; THENCE 2.51 CHAINS ALONG SAID 1/2 SECTION LINE; THENCE WEST 1.23 -1/2 CHAINS TO THE POINT OF BEGINNING}, IN COOK COUNTY, ILLINOIS. . EXHIBIT B: LEGAL DESCRIPTION OF PAR DEVELOPMENT PARCEL IN ELGIN THAT PART OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9, EAST OF - THETHIRD PRINCIPAL MERIDIAN, DESCRIBED AS- FOLLOWS: COMMENCING. AT A POINT ON THE CEWM ERLINE, OF THE ILLINOIS HIGHWAY ROUTE NO. 5, 554..4 FEET SOUTH AND NORTH 84 DEGREES, 30.MINUTES WEST, 657.36 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTHERLY, A DISTANCE OF 2173.38 FEET TO A POINT IN THE SOUTH LINE OF SAID NORTHEAST 1/4, THAT IS 655.38 FEET EAST OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF SAID NORTHEAST 1/4; THENCE WESTERLY ALONG THE SOUTH LINE QF SAID NORTHEAST 1/4, A DISTANCE OF 762_.8 FEET TO A POINT 1214.0 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST 114; THENCE NORTHWESTERLY IN. A STRAIGHT LINE, 1590.0 FEET TO A POINT 1033.0 FEET EAST OF THE WEST LINE OF THE WEST 112 OF THE SAID NORTHEAST 1/4; THENCE EAST PARALLEL WITH THE SOUTH LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 360.94 FEET; THENCE NORTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 88 DEGREES, 21 MINUTES, 17- SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 834.25 FEET; THENCE EASTERLY ALONG A LINE THAT FORMS AN ANGLE 89 DEEGREES, 34 MINUTES, 17 SECONDS TO THE RIGHT OF THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 9.83 FEET TO THE CENTERLINE OF OLD ILLINOIS HIGHWAY ROUTE NO, 5; THENCE NORTHWESTERLY ALONG SALD CENTERLINE; A DISTANCE OF 138.77 FEET TO A POINT 'FAT IS 37.0 FEET NORTHWESTERLY OF AS MEASURED ALONG SAID CENTERLINE, THE EAST LINE OF THE WEST 1/2 OF SAID NORTHEAST 1/4; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID WEST 112, A DISTANCE OF 90.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, BEING ALONG A LINE HEREAFTER REFERRED TO AS "LINE A ", A DISTANCE OF 235.83 FEET] THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 65 DEGREES, 51 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 162.66 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 19 DEGREES, 15 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 133.0 FEET, TO A LINE, THAT IS PARALLEL WITH "LINE A" AND 111-0.0. FEET SOUTHERLY OF THE SOUTHERLY FOUNDATION LINE OF THE ELGIN STORAGE AND TRANSFER COMPANY'S FREIGHT TERMINAL BUILDING; THENCE WESTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 653.0 FEET TO A LINE, THAT IS EASTERLY OF AND PARALLEL WITH A SPUR TRACT; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, A DISTANCE OF 335.0 FEET, MORE OF LESS TO A POINT ON THE EASTERLY RIGHT *WAY LINE OF THE ELGIN,. 70LIET AND EASTERN RAILWAY, THAT IS 197.0 FEET SOUTHERLY OF (AS MEASURED ALONG SAID EASTERLY RIGHT OF WAY LINE) OF THE NORTH LINE SAID NORTHEAST 1/4; THENCE SOUTHWESTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 514.00 FEET FOR THE POINT OF BEGINNING; THENCE EASTERLY PARALLEL WITH "LINE A" AS AFORESAID, A DISTANCE OF 1042.0 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 269 -25 FEET; THENCE NORTHEASTERLY ALONG A LINE, THAT FORMS AN ANGLES OF 19 DEGREES, 15 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 154.24 FEET; THENCE EASTERLY PARALLEL WITH "LINE A" AS AFORESAID, A DISTANCE OF 204.24 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE NORTH EAST 1/4 OF SAID SECTION 29; THENCE NORTHERLY ALONG SAID EAST. LINE, ADISTANCE OF 107.44 FEET TO THE CENTERLINE OF OLD ILLINOIS HIGHWAY ROUTE NO- 5; THENCE SOUTHEASTERLY ALONG SAID 'CENTERL INE, A DISTANCE OF 101.77 FEET; THENCE WESTERLY, A DISTANCE OF. 9.83 FEET; THENCE SOUTHERLY ALONG A LINE, THAT FORMS AN ANGLE OF 89 DEGREES, 34 MINUTES, 17 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 834.25 FEET: THENCE WESTERLY PARA.TLEL. WITH THE SOUTH LINE OF THE NORTHEAST 1/6 OF SAID SEDUM M A 015TANCE OF 137710ti FgM TO THE 9957 L7NE.OF THE NORTHEAST 1/4 OF SAID SECTION Z3i THENCE NORTHERLY ALONG SAID WEST LINE, A DISTANCE OF ZSZ. 75 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE ELGIN,_ JOLIET AND EASTERN RAILWAY; THENCE NORTHEASTERLY ALONG SAIII EASTERLY RIGHT OF WAY LINE,_ A DISTANCE OF 135.58 FEET TO THE POINT OF BEGINNING, ALL iN COOK COUNTY, ILLINOIS, Jr EXHIBIT C LZGAL DE3C ILU nON FOR THE LaSALLE PARCEL THAT' PRIM OF THE (OFAN AST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 E' � ,�Fl TkRO PRINCIPAL MERIGrtt DESCRIBED AS F 4 - OLLOWS: AST'. Of . „rh+,. COMMENCING AT THE SOurxEASr CORNER OF Sao NORTHEAST QUARTER OF SECTION Z9-- THENCE SOUTH 87 DECRCES 59 MINUTES t3 SECONDS WEST ION AN. ASSUM'e0 BEARING) n DI$T' FEET: T'HEIyGE NORTH Of 10147 OF BEGHT•ifNC: THENCE 10 MINUTES Z3 SECONDS WEST A DISTANCE IN OF 76 ANCE OF- 860.00 -. EET: THENCE NORM 70 NORTH ats DECREES 13 MINUTES Jo SECONDS 2.76 FEET DECREES Si MINUTE 48 SECONDS WEST 'A OISTANCECESOFA73 61 EE r: r NdE - 'ACTH 78 DECREES 8 MNUTES 43 SECONDS WEST A DISTANCE OF 43.32 FEET: T !TEES 55 AANUYES 38 SECONDS WEST' .A DtSTMCE OF 76.26 FEET: THENCE HENCE',aa:; riES 05 .SECONDS wEST A Otsr HENCE SOUTH `78 DISTANCE OF 124.96 FEET: THENCE SO UTx 38 tlCCAE S +3 DECREES 96- WEST 228,93 FEET) THENCE SOUTH 62 DEGREES $7. MINUTES 25 SECONDS WEST, A DISTANCE ,.,,. '35.4b FEET -A- I D EAST6RCY LINE: AS OCCUPIED, OF PARCEL Two OF THE NOTES 55 SE.'j- ESCR19£D:;IN A.EIt<o RECORDED' DOCUMENT NtMeER 25437947: THENCE NORTH pv ROPERIr, OF •.�' r S 29 SECOND§ WEST ":-!, CCREES:76. N ONC. SNO EASTERLY LINE, A DISTANCE OF 1271.55 FEET: THENCE ORTH e7N TE5 52• f4HttTES 28 SECONDS- EAST A DISTANCE OF 360.94 FEET; THENCE NORTH 00 OL*GREE:S 41 MIN s G7S .WEB i�OrlG A LINE THAT FQR)as AN ANGLE OF 88 DECREES 21 MINUTES 17. #'.LEF•J,.INTii• TI E PRMONCAT16N OF, TxE CAST DESCRIBED COURSE, A Orsr x1r5:tE7tL,YCjijE':. SECONDS' T: r�1AACC LAKE SOUTHEASTERLY a,ON6 SAID $QO7FI�FLN1E K5G7 EijHEc ZT,!Ar r'OF:.A'NOa►:r,yy�n� Ctra . Gbtlt:AVE T'0 THE NORTH Arltl, HAVING A Ra)Itn OF Z253.97 ;'� ZT,`ArOrS,T,iN0E0•`$99.b6 fEE7, AN WHOSE CHORD. LENGTH OF 597.30 BEARS SOUTH 72 DECREES:'4.3:•! Nt -ty A POINT LYINC SOUTH O1 DEGREES i0 MINUTES 23 SOUTH 7'E0EC SO Dlht� "POR11 CYWC ON THE• CENTERLINE OF LAKE STREET, AS OECICATfO PER OOCVMEPIT NVMgER. ^:: y a+ pv-"t .tf2 FEET'.. wEST' OF., AS MEASURFII PEP.PEDICU.A.R TO THE EAST LINE of Sao NORTH- ' 14 r`. -.3• Y=fL'•:1`FLNCE SOUrH:OI OECREES 10 MINUTES 23 SECONDS EAST, A DISTANCE OF 1429.44 "FEET• TIM "T; Q`. 6E'CIFWING. TYING IN CUOk.COL; ri% LTN01S. i y'ti+�+cACE a 96... I Of pars of the Northeast quarter of Section. 29, Tcwn%Wp 41 North, Range 9 East of thaa -Mi t; Principal Maidit % described as follows; Commencing at a point in the center lice of Illimis Highway Route No. 5, 554.4 feet South and North 84 dcgrxs 30 minutes Vest 65736 feet fiom the Northeast coma of said Sec'd0A 29; thcaec Soudla{y, a dE mee of217%U -Epet to a point is the south line of said Northeast q••tartcr that is 65535 feat East of the Sotuhwcst coma• of said East half of the Northeast quarter thence Westerly along tbo south line of said Norih ant quarsar, a distance of 762.8 feet to a point 1214.0 foes East of the Southwest comer of said Nonbeastu quarter, thence Northwesterly In a srralg t',•;ne 1590,0 f :Kto a point 1033.0 feet E251 ofchc West line of the West half of said Northeast quarter; thence East parallel with the South line of said Northeast quarter, a disusnce of360.94 feet; thence Northerly along aline that forms as aagic of 88 degrees 21 minutes 17 seconds to the left with the prolongation of the last described course, a distanco of 829.49 feet; thence Fasterly along a line that forms an angle of 89 degrees 34 minures 17 seconds to the right with the prolongation of the East described course« a distance of 9.83 fer_t to the center line of Old Illinois lGghway Route No. S; tiscn= Southeasterly along said center line, a distance of 600.40 feet to Ofc place of 44oning. Being situated in Hanover Township, Cook County, Illinois. I EXHIBIT D LEGAL DELCR PTION OF BELLA ROSA PARCEL IN ELGIN THAT PART OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST_ OF`JHE'; THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: r COMMENCING AT THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE SOUTH 87 DEGREES 59.MINUTES 13 SECONDS WEST (ON AN. ASSUMED BEARING) A DISTANCE OF 660.00'-.,' FEET: THENCE NORTH 01- DEGREES 10 MINUTES 23 SECONDS WEST A DISTANCE OF 762.76 FEET TO.'THE "; POINT OF. BEGINNING THENCE NORTH 86 DEGREES 13 MINUTES 30 SECONDS WEST A DISTANCE OF FEET: THENCE NORTH 70 DEGREES 51 MINUTES 48 SECONDS WEST .A DISTANCE OF 73.61 FEET: THENCE NORTH 76 DEGREES 19 MINUTES 43 SECONDS WEST A DISTANCE OF 43.32 FEET; THENCE SOUTH 78 OE- C-AEES 55 MNUTES .38 SECONDS WEST .A DISTANCE OF 76.26 FEET; THENCE SOUTH 45 DEGREES 5I- MN =: >° UTES 05_ SECONDS' WEST A DISTANCE OF 124.96 FEET: THENCE SOUTH 35 DECREES 43 MINUTES 55':SEC ONAS WEST 228:93 FEETI THENCE SOUTH 6Y DEGREES 57. MINUTES 25 SECONDS WEST, A DISTANCE' OF -'395.45 FEET TO THE EASTERLY LINE; AS OdCUPIEO, OF PARCEL TWO OF THE SPAULDING PROPEY. IE DESCRD:IH'A.DEED RECORDED RT AS DOCUMENT NUMBER 25437947: THENCE NORTH 07 DEGREES 12 'MIN-" :UTES 29 SECONDS WEST ALONG. SAO EASTERLY LINE, A DISTANCE OF 1221.55 FEET: THENCE NORTH 87, "- 6tGREES ::,39 MINUTES 261 SECOHOS- EAST A DISTANCE OF 360.94 FEET; THENCE NORTH 00 OEGREES 41 Mk- VrES' 5Z:ISEtbol)S -WEST, ALONG A LINE THAT FORMS AN ANGLE OF 88 DEGREES 21 MINUTES 17 SECONDS :3HE,L F;T:WITH`THE PROLONGATION OF. THE LAST DESCRIBED COURSE, A DISTANCE OF 812.68. FEET::TO_THE �5Y31lTk P1 Y. °�INE''`OF LAKE.ST.REET ;THENCE SOUTHEASTERLY ALONG SAID SOUTHERLY LINE ALSO FIEINCi::'r`: ;;'OlFN1G7FfE';r!FtC: OF;._A'NON'- TA1yGETIAL CURVE, CONCAVE TO THE NORTH AND HAVING 'A RADIUS OF 2253.87: ' EET,- MDJSYACICE .OF •599.06 FEET, AND WHOSE CHORD. LENGTH OF 597.30 BEARS SOUTH 72 OEGREES:'43:- ,'2"TES£f6.:SECONDS. "EAST' TO A• POINT LYING SOUTH 01 DECREES 1O MINUTES 23 SECONDS' EAST 50.93 FT.`- ,01_•'l:'PO(NT- 'L'YMIC ON THE. CENTERLINE OF LAKE STREET, AS DEDICATED PER DOCUMENT NUMBER.--""." 2 -FEET. WEST Qf, AS MEASURED PERPEDICULAR TO THE EAST LINE OF SAID NORTH-:-`'- EIST ?- QVM.T_R; THENCE SOUTH:01 DEGREES 10 MINUTES 23 SECONDS EAST, A DISTANCE OF 1429.44`FEET .. %f): THE'7.PVT -. Of': BEGINNING, LYING IN COOK.000NTY, ILLINOIS. EXCEPTION PARCEL -A• -- TIiATPART OF THE NORTiiF'AST QUAR THMPRI iCIPAI.MIRIDIANDFSCRM OF SECTION 29, TOWNSHIP 41 NORTK RANGE 9 EAST OF THE AS FOLLOWS: COMMHNCINGAT THE SOUITiFAST CO SOUTH 87 DEGREES 59 MINVFES 13 SEC K OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE FEET; THENCE NORTH 01 DEGREES 10 TO THE SOUTHERLY RIGHT OF WAy NDS WOT (ON AN ASSUMED BEARING) A DSSTANCE OF 660:00 IES 23 SECONDS WEST DISTANCE OF 2,192.38 FEET BEND CONCAVE NORTHEASTERLY 76 DEGREES 49 MINIIIES 20 SECONDS OF US ROUTE 20 SAID p007T BEING ON A CURVE, SAID CURVE GA RADIUS OF 2,253.87 FEET AMA CHORD THAT BEARS NORTH ALONG THE ARC OF SAID CURVE T, A DISTANCE OF 276.20 FEET; TI�NCE NORTHWESTERLY THE POINT OF BEGINND.IG; THENCE SO E SO NORTH 72 DEGREES 18 MIN[TIFS 17 SEC AS MEASURED ALONG AFORESAID RIGHT OF WAY LINE TO 00 DEGREES 41 MINUTES 53 SECONDS EAST 87.50 FEET; THENCE 53 SECONDS WEST 87.50 FEET TO AFO CURVE BEING CONCAVE NORTHER„ NDS WEST 7904 FEET, THENCE NORTH 00 DEGREES 41 &M4UTES RICIFTF OF WAY LINE SAID POINT BEING ON A CURVE, SAM :*�1 BEARS SOUTH 72 DEGREES 18 WNUTM YHAV' A RADUS OF 2,253.87 FEET WIDiA CHORD THAT 17 SECGG EAST.A DL9TANCEOF 79.04 G I3P INN ARC OF SAID CURVE PONT POINT OF HPAINNiNG, ALL M COOK FEET; THENCE SOUTHEAST. 9.04 FEET AS MEASURED ALONG SAID RIGHT OF WAY TO THE CO , B.LINOLS.CONTAININO 6,544.4217 SQUARE FEET, MORE OR LESS. EXCEPTION PARCEL -B- THAT PART OF THE NORTHEAST QUA] 'fTIEID PRINCIPAL MERIDIAN DESCRIE CO4d[P1dCING AT THE SOUTHEAST C( SOUTH 87 DEGREES 59 XfWLTTES 13 SE, FEET THENCE NORTH01 DEGREES lo; .. THENCE SOUTH 88 DEGREES 49 MDdUl LIST DESCRIBED COURSE TO A POINT DOCU&MWT 87640491 RECORDED DECE NORTH 76 DEGREES 42 MA7UTI:S 39 SEI UTES 21 SECONDS EAST 7S.00 FEETTO'. POINT BEING 014 CURVE, SAM CURV FEET AND A. CHORD THAT BEARS SOU] 25.01 FEET; THENCE SOUTHFn9Tp�LY/ SAID 12I�,HT OF WAy LINE TO A PO WT7 t7 }„>IM}Ips 21 SECONDS WEST 75.49 FE. BEODJNA(G, ALL IN COOK COUNTY, ILL I R OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF.THE AS FOLLOWS: JEt OF SAID NORTHEAST QUARTER OF SECTION 29; THENCE NDS WEST (ON AN ASSUMbb BEARING) A DISTANCE OF 660.00 `WES 23 SECONDS WESTA DISTANCE OF 2,137.02 FEET; 37 SECONDS WEST I OZ84 FEET pERPE NDICULAR TO THE I THE WEST LINE OF AN INGRPSS/EGRFSS EASEMENT PER 3ER 3, ST SAID POQITBPA7G r'M POINT OF BEGIKKINC; THENCE 5 `IDS WEST 2.00 EMT; THENCE NORTH 13 DEGREES 17 MIN- E SOU WERLYPIGHTOF WAYLME OF U.S. ROUTE 12; SAID lEING CONCAVE NORTHEASTERLY HAVING A RADTUS OF 2,253.67 77DEGRM 5o mNUTES 09 SECONDS EAST, A DISTANCE OF )NO THE ARC OF SAD CURVE 25.01 FEET AS MEASURED ALONG DINT ON AFORESAIDEASEMENT; TI -MNCE SOUTH 13 DEGREES AS MEASURED ALONG SAID EASEMrNT TO THE io uT OF D'S CONTABIING 1390.7538 SQUARE FEET, MORE OR LESS. EXHIBIT E LEGAL DESCRIPTION OF THE RETAINED PARCEL IN ELGIN Of part of the Northeast quarter of Section 29, Township 41 North, Range 9 East of theird Principal Meridian, described as follows: Commencing at a point in the center line of Illinois Highway Route No. 5, 554.4 feet South and North 84 degrees 30 minutes West 65736 feet firm the No rthcast coma of said Section 29; thence Southerly, a dice of 2175-' 8 fret w a point in the south line of said Northeast quarter that is 65538 fed East of the Southwest comer of said East half of the Northeast quarter, thence Westcrly along the south line of said Northeast quarter, a distance of 762.8 feet to a point 1214.0 feet East of the Southwest coma of said Northeaster quarter, thence Northwesterly in a strapg..t line 1590.0 fcet to a point .1033.0 feet East of the West line of the West half of said Northeast quarter, thence East parallel with the South line of said Northeast quarto, a distance of 360.94 feet; thence Northerly along a line that forms an angle of 88 degrees 21 minutes 17 seconds to the left with the prolongation of the last described course, a distance of 829.49 feet; thence Easterly along a line thatforms an angle of 89 degrees 34 minutes 17 seconds to the right with the prolongation of the last described course, a distance of 9.83 feet to the center Line of Old Illinois High*ay Route No. 5; thence Southeasterly along said center line, a distance of 600.40 feet to the place of beginning. Being situated in Hanover Township, Cook County, Illinois. I EXCLUDING THAT PAi(T OF THE NORTHEAST QUARTER OF SECTION 29, TOWTtSHIp 41 NORTH, RMCE 9 EAST OF THE TM740 Pft>C4CF/1 �aAN DESCRS6ED AS FOLLOWSs SOUT)f a7 AT THE SOUTHEAST CO(� $ E: NORTHEAST QUARTER OF SECT" 29: THENCE s TH' 117 DECREES 59 A*NUTES 13 SECONDS µ!EST (ON AN ASSUWED BEARING) A DISTANCE OF • 660.00 ' LICE tPRTTi 01-OEGftEES 10 MMTES 23 SECONDS WEST A 0(STA4CE OF 762.76 FEET 70 THE POf1T 'Of; 4E TFtENCE'KbRTH 68 F Tr lii t1�E 7q DF[xtccc 5 :r ES 13 .MMTES 30. SECONDS WEST A DISTANCE 1 - -._ .__ 4a �C OF 24.51 535. NEST A tkSTMCE�pFn _7Trt OF 73ATFEET: THENCE : 3d ES 43 SECONDS DM 43.32 FEET: THENCE SOUTH =78 CE- C. D(S' WEST A DfSTANCE OF 76.26 FEET' THENCE SOUTH 45 DEGREES 7 ID - �' �5: tIJS' 1YST A. DtSTA1� OF 124.96 • FEET: THENCE SOUTH 35 11F3T 7&&X-- .FEETt T'(iENCE.SWTH gz DECREES 57- ►d`dJIES 25 DEGREES 43 13NUTES 45 SEC - 46 FFEi TO THE EASTER! Y LANE, AS OCCUPIED OF PARCEL TWO OF THE �T. A MTANCE OF .A -SEA- RECORDED AS DOCU,IENT . tgE� 2 3 43 79 4 71 T SPALLgtiC PROPERTY AS tr�xrc T <ONq SAID EASitiRLY l wF A DiSTA1ICE OF 1 NTH 07 DEGREES .42 UN- -` 1�WTfS';26.S>bOWrS' EAST A DISTAI3CE OF 360,94 FEETt T iFiE7 NO{2TH B7 S" 62 NORTH 00 GE S 1` EST, ALONG A LrQE THAT FORDS AN At•M- E OF 88 DE S 411 H1t- •iTiE,l T T 111TH T-1 PROLONGAnON DECREES 21 Wf UTES 17 SECOtCS TO SSQ V1T�t�Rt Y OF L,� STREET Q` THE LAST DES(: 7"' COL*L E, A OLST FEET TO THE A4 '•THE AR' . OF- A NOt( -T1 sOUT1iEA6TERLY ALCl4C SHO'•SpUT L L �iL� Bta(C Tr :/5'OfSTAlC� D�'599.06 CURVE, CONCAVE TO THE FORTH. Rb- HAYING A RAokS OF 125-3.87 OF a 5 �. 5! CONOS EAST iQ � � L _*SESCHOROH . LENGTH ip97 �• �� SOUTH 77 DEGREES 43 �FEET "OF. A T 2 F ON THE CEN1T32UNE OF'LAkE STkEET, AS DEDICATED PER SECChbS EAST' W.93 QU�,��, � FEET PEST OF, AS MEASIiRf1) PERPEDKC AR TO THE EAST AA NOR TO TFtE;PO;NT OF g� E RUTH 01 DEGREES' 10 a TES 2J SECONDS EAST, A DISTAtiCE OF 1429.44 f EET G LYING W COOK K uNaS. FXCEPTT4NPARCEL 'A' - 7TL1T PART OF Th"E NORTW -OT QUA.4 17II.RD pwtN :[PAT, RIDLAN DFSCAIBI C014'2NCR'rO AT THE SOVMXk3T CO M. 17 DEGREES S9 mzNuai , 3 SOU SEC F7:ET :710�NCIL NORTHOI DE a7,,; To To 12'M ON SOUTEMLY RIGY1T Of VlAyu 76 OEO2jMg 49 �XWL TES 20 IEALY, MA ALONG T32 ARC OF $ ECONDS % THE POINT or azGlNN�Aifr, VRVE 276.77 NORTH 72 DEGRF�S 1 e TFG31+'cE 50 J3 3EC0NM wuT /7J6b'E1'1STfETOT 17 sw CURVE RvNO CONCgvE 1vOA AM BEARS SOtrrR 72 DIGREE.S )1 b0?IUZY3 EALr POgv7 OF09E0 ARC CF SAID CURVE 1NanNa, ALL IN COOLC C�O EXCEPZON PARCEL -h- THAT PA31T OF rM NORTNZAIT QQVAR TrM0 FRINCZyAL)'IMMLaN DESCRIB eoxagNa JGAT i}¢ EOLITH -AST C SOUTH 17 DEGREE$ 59 FEE,)^ THENCE N0RTX01 Z;OD 1S 3C _e•.l� TFUNCE 90fIT$It nE0Rl a9 F4ii`)1J LAST DFSCRD7ED COURSE TO A FO✓Zt 'WC�1T87640491 RECORDED DEC NORIR76pEGRv.<a2 3Su Pc� 2L SECONDS 1!AST 7s.00 FE8I TO RrI EP3NG ON A CURVfw 3A>D CURL 225.01 A CFTORD THAT21F_AR.x 50U ISOi7JCE $OOT3LgrR�Y, �iiT OF WAY LATE TOA PORl7 HEGR0MG, • r •••° "•rat' 7549 Fi COOK COUNTY. m A OF 5F-CT;ON 29, iOWN9EIF 41 NOF.TF AS FOLLOWS: 3ANOg 9 EAST OF THE RF SAM NORT'M ST QUARTER OF SECTION 14; ThcNCe 'Ll i9r ECONTS SEIUM RE1AAIG) A 0L 7ANCE OF 660.00 ri s v secoNDS xFSTA atsTAxce ELF 2,192 M'S FEET OF US ROUTE 10 SAID FOa1T al 2 G ON A CURVE, SAID CURVE NGw AADRJI O F 2,253 g7 FEETAND A cHoRn THA7 ELVU NORIFf iT. A Df$TANCS 07 27620 FEET; TMgcr NORl7CWEST,Lg,LY D2'.GREE$ D ALONG AFOpEsA)J3 RIGHT OF WAY LINE To DS SV27T 7f.0a F S 53 SEC01` DS EAST 17.30 FIMT, TFL24CE 'DR' G2iT OP 07 Cfi?{tlRTtt 00 DEORESS 41 77p� !HAVB +G.tRADR/S pF Zl- S].67oF.fS' BMgO OVA CURVE 9A>D SECONDS EAS'(, A DL9TANCt OF 74C c15TLNA CHORD THAT N FtZ!r.15 F�ASUAF71 AL(), S t FEET, r=' CE SOU74+.p,�- lY,MLQ+OI9_CONTAR1IIJ06 OHT OF WAY TO THE ,3aa.e115 6Q(TA93; FEEL; MDRS OR LESS. O7SECTION29,TOWNSHIP4I NORT, RANGE9F_. tT OF TED: AS FOLLOWS: NFa OF SA3p NoATIjgAST QUAATYR OF 9ECTIGN i >> T)CENCE NoS WESI (ON AN ASSMMD BEARWO) A DISTANCE OF 660.00 37 E9 O m %,ES S RBSTA DISTANCE OR x.23 M FEET; 37 $ ECONDS Q'FST 102.16 FEET FE =K01CULnR 10 TF-M J T2� WEST LII+b OF AN INGRESSIEGXFS8 EASEMENT PER SpR 3.1987. SAID POINT IlCd1G TIM POINT OF "G1NNWG; TiLENCE 8 SOUEST 23:00 FEET TUENCR NORTR 13 DE0REp.9 17 MIN. DE 90UTL>,ERL, VE NOT OP CVAY � OF U.S. ROUM 12; sAm r;QEMS So Vfi N0RIXF147'fRj,Y, HaVINO A RADR35 OF 1.253.17 )NO TEE ARC OF SAGA C 09 SECONDS WT. A DISTANCE OF OWT ON AFQRP3Ap0 EASII.¢M;OI FEHTAS Z.iPASUM AlANG AS '47411= ALANO SAM EASE THDr-E - rr T SOUL'fj' It DE0AEP9 3L9 CONIAQ7)ZrG It 10.7539 S UARE 70 T]$ �` r' OF 4 FEET, MORE op., EXHIBIT F GRANT OF EASEMENT AGREEMENT Grantor, HARRIS TRUST AND SAVYr«$BA,%t personally, but as Trustee under Trust Agreement dated July1, 1981 and known as Trust No. 11 -4603 , and as Trustee under Trust Agreement dated August 1, 19Q 1 and known as Trust No. 11 -4610, (the "Grantor "), being the owner of record of the fee simple title to the real estate hereinafter described, does hereby grant to the Village of Bartlett (the "Village "), a municipal corporation of Cook, DuPage and Kane Counties, Illinois, and'its designees (hereinafter referred to as the "Village "): 1. Atemporary construction easement appurtenant, 50 feet in width, over, upon, across, through and under the following described real estate: (the "Temporary Easement Parcel ") for the construction and installation of a water service main and appurtenant fixtures. The temporary easement shall expire twelve (12) months after commencement of construction of the said water service main. 2. A permanent easement appurtenant, 20 feet in width, over, upon, across, through and under the following described real estate: (the "Watermain Easement Parcel ") for the construction, installation, repair, maintenance and replacement of a water service main and appurtenant structures; provided, however, that the Grantor reserves the right to any surface or subsurface use of the Watermain Easement Parcel that does not unreasonably or materially interfere with the permitted use of the Watermain Easement Parcel by the Village. W x We od gc ore o a� 06 o 8� �S �s The Village will cause Par Development, Inc., and each of its contractor(s) that will perform the watermain work to carry and maintain commercial general liability insurance with a limit of not less than $1,000,000 each occurrence, and to furnish a certificate of insurance to the Grantor prior to entering upon the Grantor's property, evidencing such insurance coverage and naming the Grantor as an additional insured on its commercial general liability insurance policy. The Village will also cause Par Development, Inc. to restore the Temporary Easement Parcel to the condition it existed prior to such installation and construction work. Upon acceptance of the watermain by the Village of Bartlett, it will agree to be responsible for the maintenance of such Village utilities and to restore the Grantor's property to the condition in which it existed prior to such construction, repair, maintenance or replacement work, and the Village will defend, indemnify and hold the Grantor harmless from any and all liability arising out of claims for personal injuries or property damage arising out of the acts and omissions of the Village and contractors hired by the Village in connection with the construction, maintenance, repair and replacement of the above described improvements. IN WITNESS WHEREOF, the parties have entered into this Agreement as of the day and year first above set forth. HARRIS TRUSTAM) SAVING$ Trustee u /t/a dated 7/1/Q1 a /k/a Trust No. 11 -4603, and as Trustee u /t/a dated a/ a Trust No, 11 -4610 By: Ti •�� Village of Bartlett t Catherine J. NWchert, Village President Attest: Attests `( „� Linda Gallien, Village Clerk (v`Titlee :. kristinjA ..Sfarns, Land TiustAdministrator 2 STATE OF ILLINOIS) COUNTY OF COOK) I, the undersigned, a notary public in and for said county, in the State aforesaid, do hereby certify that Elizabeth Cordova, of Harris Trust and Savings Bank, and Kristin A. Starns, of said Bank, to be the same persons whose names are subscribed to the foregoing instrument as such Assistant Vice President and Land Trust Administrator, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Bank, as Trustee, for the uses and purposes therein set forth; and the said Land Trust Officer did also then and there acknowledge that said Land Trust Officer, as custodian of the corporate seal of said Bank did affix the said corporate seal of said Bank to said instrument as said Land Trust Officer's own free and voluntary act, and as the free and voluntary act of said Bank as Trustee for the uses and purposes therein set forth. Given under my hand and Notarial Seal, this 18TH . Day of September, 2002. Notary Public "OFFICIAL §RBI DOLORES a KORINKE Not?ry Public Stzte n. Illinois r Wry Commission Fr} p{,rn12004 STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Catherine J. Melchert, as Village President of the Village of Bartlett, and Linda Gallien, as Village Clerk of the Village of Bartlett, personally known to me to be the same persons whose names are subscribed to the foregoing Grant of Easement as Village President and Village Clerk of the Village of Bartlett, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Village, for the uses and purposes therein set forth. 2002. GIVEN under my hand and official seal, this day of Notary Public STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for the County of State aforesaid, do hereby certify that as of LaSalle National Bank (the "Trustee "), and , as , of the Trustee, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as and respectively, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntarily act of the Trustee, for the uses and purposes therein set forth, and the said did also then and there acknowledge that he, as custodian of the corporate seal of the Trustee, did affix the said corporate seal of the Trustee to said instrument as his own and voluntary act, and as the free and voluntary act of the Trustee, for the uses and purposes therein set forth. 2002. GIVEN under my hand and official seal, this day of Notary Public 3 CONSENT OF MORTGAGEE , not personally but as mortgagee under Mortgage or Trust Deed recorded as Document No. , hereby expressly consents to the foregoing Grant of Easement to the Village of Bartlett. (Insert name of Mortgagee) Attest: STATE OF ILLINOIS ) SS COUNTY OF 1 I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that , as of , and as of said Corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such and respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth, and the said did also then and there acknowledged that he, as custodian of the corporate seal of said Corporation, did affix the said corporate seal of said Corporation to said instrument as his own and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth. 2002. GIVEN under my hand and official seal, this day of THIS INSTRUMENT PREPARED BY: Bryan E. Mraz Bryan E. Mraz & Associates 111 East Irving Park Road Roselle, Illinois, 60172 (630)- 529 -2541 Notary Public My Commission Expires: EXCULPATORY RIDER This instrument is executed by Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. as Trustee under the provisions of a Trust Agreement dated August 1, 1991 and July 1, 1991 known as Trust Nos.114603 and 114610 not personally, but solely as Trustee aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon the written direction of the beneficiaries and /or holders of the power of direction of said Trust and Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. warrants that it possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, warranties, covenants, undertakings and agreements herein made on the part of the Trustee while in form purporting to be the said representations, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. in its individual capacity, but are made and intended solely for the purpose of binding only that portion of the Trust property specifically described herein. No personal liability or personal responsibility is assumed by or nor shall at any time be asserted or enforceable against the Harris Trust & Savings Bank Successor Trustee to Harris Bank Barrington, N.A. on account of any representations, Warranties, (including but not limited to any representations and /or warranties in regards to potential and /or existent Hazardous Waste) covenants, undertakings and agreements contained in the instrument, (including but not limited to any indebtedness accruing plus interest hereunder) either expressed or implied or arising in any way out of the transaction in connection with which this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and released, and any liability (including any and all liability for any violation under the Federal and /or State Environmental or Hazardous Waste laws) hereunder being specifically limited to the Trust assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines penalties, damages, costs of any nature including attorneys fees and expenses, arising in any way out of the execution of this instrument or in connection thereto are expressly waived and released by all parties to and parties claiming, under this instrument. Any person claiming or any provision of this instrument referring to a right to be held harmless, indemnified or reimbursed for any and all costs, losses and expenses of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted, nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. RESOLUTION 2002 - 88R A RESOLUTION APPROVING OF AN INTERGOVERNMENTAL AGREEMENT BE IT RESOLVED by the President and Board of Trustees of the Village of Bartlett, Cook, DuPage and Kane Counties, Illinois, as follows: SECTION ONE: The Intergovernmental Agreement (the "Agreement') dated September 3, 2002, among the City of Elgin; the Village of Bartlett; Harris Trust & Savings Bank as Trustee under Trust Agreements dated July 1. 19 11 and August 1, 19 9j and known as Trust Nos. 11 -4603 and 11 -4610; Par Development, Inc.; LaSalle National Bank as Trustee under Trust Agreement dated April 1, 1995 and known as Trust No. 109701; and Bartlett International, Inc., a copy of which is appended hereto, is hereby approved. SECTION TWO: The President and Village Clerk are authorized to sign and attest, respectively, the Agreement on behalf of the Village. SECTION THREE: SEVERABILITY. If any section, paragraph or provision of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this Resolution. SECTION FOUR: REPEAL OF PRIOR RESOLUTIONS. All prior Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly repealed only to the extent of such conflict or inconsistency. SECTION FIVE: EFFECTIVE DATE. This Resolution shall be in full force and effect upon its passage and approval. 1 ROLL CALL VOTE: AYES: NAYS: ABSENT: PASSED: APPROVED: Airdo, Arends, Bersani, Floyd, Kavouris and Nolan None None September 3, 2002 September 3, 2002 Catherine J. M c ert, Village President ,yti LA GF % 02 Ilage Cler o, o .o �i� ° ° . .18 9 � ' r • o''��' 4'yl CERTIFICATION I, the undersigned, do hereby certify that I am the Village Clerk of the Village of Bartlett, Cook, DuPage and Kane Counties, Illinois, and that the foregoing is a true, complete and exact copy of Resolution 2002 - 88R, enacted on September 3, 2002, and approved on September 3, 2002, as the same appears from the official recce of the Village of Bartlett �� >F�: ]age Clerk o & 1i T i m AL