Loading...
HomeMy WebLinkAbout17-164 recorded Resolution No. 17-164 RESOLUTION AUTHORIZING EXECUTION OF A PUBLIC ACCESS AND MAINTENANCE EASEMENT AGREEMENT WITH ELGIN TOWER LLC FOR POLICE SURVEILLANCE EQUIPMENT (100 East Chicago Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a public access and maintenance easement agreement with Elgin Tower LLC for police surveillance equipment for the property legally described on Exhibit 1, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the public access and maintenance easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. _s/David J. Kaptain David J. Kaptain, Mayor Presented: December 20, 2017 Adopted: December 20, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 2017KO67465 PUBLIC ACCESS AND SANDY WEGMAN MAINTENANCE EASEMENT AGREEMENT RECORDER - K A N E COUNTY, I L RECORDED: 12/28/2017 3:23 PM REC FEE: 60.00 WHEREAS,the undersigned, Elgin Tower LLC, an PAGES: 17 Illinois limited liability company (collectively "Grantor") owns that parcel of real estate legally described on Exhibit 1 attached hereto (the "Grantor's Parcel"). The Grantor's Parcel is located in the City of Elgin, Kane County, Illinois, a body corporate and politic of the State of Illinois (the „Cityl,); WHEREAS, Grantor's affiliate and the City have entered into a certain Redevelopment Agreement dated October 8,2014,as amended(the"RDA"); WHEREAS,the RDA grants certain rights and creates certain obligations as to each of the Parties including,without limitation,the obligation on the part of the Grantor to grant the easement herein created to the City; NOW, THEREFORE, pursuant to the requirements of the RDA, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the City do hereby agree as follows: 1. Baclaround. a) On the Grantor's Parcel is a building comprised of a basement, fifteen(15) stories above the basement, and a roof(the"Building"). b) The Building is on the national and State of Illinois registry of historic properties, and its use and improvement are subject to the rules and regulations of the National Park Service(NPS) and State of Illinois standards for rehabilitation of historic properties (the "Federal and State Historic Regulations"). c) On the roof of the Building are two(2)police surveillance cameras,and associated supporting electronic equipment owned and operated by the City(the"Existing Elgin PD Surveillance Equipment"). d) The City wishes to (i)install on the roof of the Building,at such times during the term of this Agreement as the City deems appropriate,(A)two additional police surveillance cameras and (B) up to three (3) dish-type communication antennae (collectively, the "Additional Elgin PD Surveillance Equipment"), and (ii) support the Existing Elgin PD Surveillance Equipment and New Elgin PD Surveillance Equipment with new fiber optic cabling ("New City Surveillance Cabling").. e) The Existing Elgin PD Surveillance Equipment and the Additional Elgin PD Surveillance Equipment are collectively called the"Elgin PD Surveillance Equipment". f) The Parties now wish to establish and memorialize the terms of the Surveillance Equipment Easement as defined in Section 2 below,as required by the RDA. 1 2. Grant of Surveillance Equipment Easement. Subject to the terms and provisions set forth herein, the Grantor does hereby grant to the City a right and easement (collectively, the "Surveillance Equipment Easement") to at all times during the Term of this Agreement (i)place, maintain,operate,repair and replace the Elgin PD Surveillance Equipment on the roof of the Building, (ii)install the basement panel and such conduits through which New City Surveillance Cabling may be installed,maintained and replaced,as depicted on the schematic drawings("Schematics")attached hereto as Exhibit 2, (iii)enjoy reasonable access through the common areas of the Building to gain access to the basement panel, New City Surveillance Cabling and to the Elgin PD Surveillance Equipment on the roof of the Building, and (iv) provide and allow the City the continued use of the common electricity account for the Building at Grantor's cost, as same may be altered during the redevelopment of the Building pursuant to the RDA, for the purposes of providing power to the Elgin PD Surveillance Equipment. The Surveillance Equipment Easement is subject to the following: (a) The term("Term")of Surveillance Equipment Easement shall commence on the date of this Agreement and shall end on March 31, 2042. (b) The New City Surveillance Cabling shall be placed entirely within conduit ("New City Conduit"),and such New City Conduit may only be placed in the areas shown in the Schematics attached hereto as Exhibit 2, and then only so as not to interfere with,or harm the structural integrity or functionality of the Building or its mechanical systems. The Elgin PD Surveillance Equipment may only be placed at such locations on the roof of the Building as(i)do not interfere or conflict with other existing tenants or their roof-top equipment, (ii) do not interfered with the Grantor's existing roof-top equipment, and(iii)do not violate the Federal and State Historic Regulations applicable to the Building or prejudice the tax credits made available to the Grantor in connection with the adaptive renovation of the Building. In exercising its easement rights hereunder, the City shall not cause any roof leaks or structural damage to the Building or its roof. Additionally,the City covenants and agrees to at all times keep and maintain its New City Surveillance Cabling and the Elgin PD Surveillance Equipment in a good and safe condition, in compliance with all laws,and in a manner which does not expose Grantor or its employees, agents or tenants to harm or which otherwise makes Grantor's Building unsafe or unsightly. (c) At the expiration of the Term (as same may be extended only by mutual written agreement of the Parties),the City shall remove from the Grantor's Parcel all Elgin PD Surveillance Equipment and repair any damage caused by said removal. (d) The City shall indemnify and hold the Grantor, its employees, agents, tenant's, successors and assigns,harmless from and against any and all claims,causes of action,liability, loss, cost and expense asserted against or incurred by any member of the Indemnified Group and arising out of or in connection with (i)the operation by the City of the Elgin PD Surveillance Equipment or (ii)any bodily injury,death or property damage caused by the negligent or intentionally wrongful acts of the City or any of its employees, agents or contractors while exercising its easement rights hereunder. The Surveillance Equipment Easement hereby created is not intended to create (and shall not be construed to be)a blanket easement over the Grantor's Parcel. 2 3. Miscellaneous Provisions. (a) The covenants and provisions contained herein shall inure to the benefit of and be binding upon the Grantor and the City and their respective heirs, successors,assigns, and grantees. (b) This Easement Agreement shall be governed and construed in accordance with the laws of the State of Illinois. (c) This Easement Agreement contains the entire agreement and understanding of the Grantor and the City with respect to the subject matter set forth herein, all prior agreements and understandings having been merged herein and extinguished hereby. (d) All notices herein required shall be in writing and shall be served on the parties at the following addresses: If to City: City of Elgin Attn: Richard G. Kozal, City Manager 150 Dexter Court Elgin, IL 60120 Fax: 847-931-5610 With copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Fax: 847-931-5665 If to Developer: Elgin Tower LLC Attn: Lisa Kortkamp and William Luchini 923 Victoria Lane O'Fallon, IL 62269 Fax: 314-925-5897 with a copy to: Peter C. Bazos, Esq. Bazos, Freeman, Schuster & Braithwaite, LLC 1250 Larkin Avenue, Suite 100 Elgin, Illinois 60123 Fax 847-742-9777 Any such notices may be sent by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered on the date of deposit,postage prepaid in the U.S. mail or(b)a nationally recognized overnight courier, in which case notice shall be deemed delivered on the date of deposit with such courier or (c) by facsimile transmission to the parties at the facsimile numbers set forth above followed the same day with the mailing of a copy of such notice,by regular mail,to the parties at the foregoing addresses, in which case notice shall be deemed delivered upon electronic 3 verification that transmission to the recipient was completed or(d)by personal delivery. The above addresses and facsimile numbers may be changed by notice to the other party;provided that no notice of a change of address or facsimile number shall be effective until actual receipt of such notice. Notice on behalf of any party may be given by such party or its counsel to the other party and/or its counsel. (e) Because the Grantor's Parcel is burdened by a mortgage in favor of Midland States Bank,an Illinois state chartered bank(the"Mortgagee")dated August 18,2016 and recorded in the office of the Recorder of Deeds of Kane County,Illinois on September 13,2016 as document number 2016KO49164 (the "Existing Mortgage"), the Grantor shall cause the Mortgagee to execute this Easement Agreement so as to give its consent to the granting of the Surveillance Equipment Easement to the City on the terms set forth herein. [signature page follows] 4 IN WITNESS WHEREOF, the undersigned have executed this Easement Agreement as of this�—day o W, 017. Elgin Tower LLC An Illinois limited liability company By: rA,�� Name: William Luchini Title: Manager STATE OF ILLINOIS ) COUNTY Ol5 CUA, 5 ss. BEFORE ME, the undersigned, a Notary Public, duly commissioned and qualified in and for said County and State, personally came and appeared William Luchini, to me known to be the Manager of Elgin Tower LLC, and to be the same person who executed the above instrument, who declared and acknowledged to me,that in such capacity as said Manager he signed and executed the foregoing instrument as his own free and voluntary act, and as the free and voluntary act of the said Elgin Tower LLC, for the uses and purposes therein set forth. Given under my hand and notarial seal this day f 17. Notarffublic LISA KORTKAMP Notary Public-Notary Seal STATE OF MISSOURI Commissioned for St.Louis County My Commission Expires:January 3,2020 Commission#t 11450106 5 CITY OF ELGIN, a municipal Corporat' By G, M or 4s Ae Jerk THIS DOCUMENT PREPARED BY AND AFTER RECORDING RETURN TO: Peter C. Bazos,Esq. 1250 Larkin Avenue, Suite 100 Elgin,IL 60123 (847) 742-8800 FALegal Dept\Agreement\Easement Agr-Elgin Tower-PublicAccess&Maintenance-redlined-4-26-17.docx 6 MORTGAGEE'S CONSENT The undersigned Mortgagee, Midland States Bank, an Illinois state chartered bank, being the holder of a certain mortgage (the"Mortgage")dated August 18,2016 and recorded on September 13, 2016 as document number 2016K049164, does hereby subordinate the said Mortgage to the easement rights of the City of Elgin as created by the provisions of this Public Access and Maintenance Easeme ment. Dated thif -day o .2017 Midland States Bank B a- "j — Name: ✓t c•hYtZ LiwA w% Title: STATE OF ILLINOIS ) COUNTY OF -:'CL— ) I,the undersigned, a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that CAeAs-rw oeA/yi ,personally known to me to be the 9r6+cwaL M 41a of Midland States Bank. an Illinois state chartered bank,appeared before me this day and acknowledged that in his capacity as such P-m P he signed and delivered the foregoing Mortgagee's Consent as his free and voluntary act, and as the free and voluntary act and deed of said Midland States Bank, for the uses and purposes therein set forth. GIVEN under my hand and official seal this Cp day of W&nBc , 2017 NOTARY PUBLIC My commission expires: (N Y EAL) ALISON A CARDONA Official Seal Notary Public—State of Illinois T'MyCommission Exp;,, .iul 2b,2021 I i 7 EXHIBIT 1 LEGAL DESCRIPTION OF GRANTOR'S PARCEL Property Address: 100 East Chicago Street State: Illinois County: Kane City: Elgin ptN: 06-14-283-018 Legal Description: PARCEL ONE: That part of Lots 3 and 4 In Block 19 of the Original Town of Elgin on the East side of Fox River, described as follows: Beginning at the Southeast corner of said Lot 4; thence North along the East line of said lot, 60 feet; thence West at right angles to said East line, 66 feet to the West line of said lot; thence Southwesterly at right angles to the Easterly line of River Street to the Westerly line of said Lot 3; thence Southerly Along said Westerly line and along the Westerly line of Lot 4 aforesaid to the South line of said Lot 4; thence East along the South line of said lot, 49.5 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. PARCEL TWO: That part of Lot 3 in Block 19 of the Original Town of Elgin on the East aide of Fox River, described as follows;Beginning at a point on the westerly line of Lot 3 aforesaid,44 feet Southerly from the Northwest corner thereof; thence Southerly along the Westerly line of said lot, 53 feet and 8 inches to the Northerly line of the lot conveyed to the Home National Bank of Elgin by deed dated June 3, 1890,and recorded June 17, 1890 as document 30468,in.book 266,page 115;thence Easterly at right angles to the Easterly line of River Street, 19 foot 9 inches to the East line of said Lot 3; thence North along said East line to a point therein from which a line drawn at right angles to the Easterly line of River Street would intersect the place of beginning;thence Westerly at right angles to River Street and along said line 60 feet and 2 inches to the point of beginning,in the City of Elgin, Kane County, Illinois PARCEL THREE: The North 21 feet of the South 81 feet of Lot 4, (measured on the East line of said lot)in Block 19 of the Original Town of Elgin on the East side of Fox River, in Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois. 8 °►— y=y rye i 4_,0. — l4.15M bOT-wl" I. T—A wd N-PL Y W"A aye put W. Nk. El m t asw 1 nd N �dl pond cord Basement i 9 o — v Up m r O 1• IG I 1 Floor J CJ 441' _ ❑ _ ❑ If r P V 2 Floor v i N-Ihddd N.nbar wr Tom.e- b AOR,e, f - r-11 I ..rom Y J 1-- -- 2q-w 3 Floor � � O a ._--- ❑ rM 7a m .. .JC� — C _ Ar 1 b u �v f � i 29-10' 4th - 11th Floor Q® Q0 Q ❑ t ' b ®I To h nedir.d stir" v over Twerad I lotion r— Tujelfth Floor _ r © ❑ El ' F 1� 1 � b 1 - T� J 13th -14th Floor Kh vnxe�am r mre� is nale nn�!w r r oaaJ C Y M Fifteenth Floor