HomeMy WebLinkAbout01-242 Resolution No. 01-242
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF TRUSTEES
OF COMMUNITY COLLEGE DISTRICT #509
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 Amendment
to Intergovernmental Agreement on behalf of the City of Elgin
with the Board of Trustees of Community College District #509 for
the construction of a public road to facilitate access to the
college and the development of real estate, a copy of which is
attached hereto and made a part hereof by reference .
s
s/ Ed Schock
Ed Schock, Mayor
Presented: August 22 , 2001
Adopted: August 22 , 2001
Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Draft 8/13/01
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
THIS AMENDMENT AGREEMENT entered into this 22nd day of
August , 2001, by and between the City of Elgin, an Illinois
municipal corporation, (hereinafter referred to as the "City" ) and
the Board of Trustees of Community College District #509, an
Illinois public community college, popularly known as Elgin
Community College (hereinafter referred to as "ECC" ) ;
WITNESSETH
WHEREAS, the City and ECC entered into an Intergovernmental
Agreement in December of 1995 (hereinafter referred to as the
"Intergovernmental Agreement" ) relating in part to the exchange of
certain real estate, the construction and maintenance of certain
public recreation facilities, the construction of a public road to
facilitate access to the college and the development of real estate
to be owned by the parties; and
WHEREAS, the parties have determined it is necessary and
desirable to provide for several amendments to such
Intergovernmental Agreement .
NOW, THEREFORE, for and in consideration of the mutual promises
and undertakings contained herein and the mutual undertakings set
forth in the original Intergovernmental Agreement between the
parties, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto
agree as follows :
1 . That the foregoing recitals are hereby incorporated into
this amendment agreement in their entirety.
2 . That the Intergovernmental Agreement between the City and
ECC entered into in December of 1995 is hereby amended as follows:
A. Section 5 entitled "ECC TRANSFER TO THE CITY" be and is
hereby amended by amending the existing 6th through 10th lines
thereof to read as follows :
" . . . taken together, shall be approximately thirty
(30) acres . The City and ECC agree that ECC shall retain
ownership of Parcel B-1 and that the detention area now
located on the northeast corners Parcels A-1 and B-1 shall
be relocated as part of the Phase II of the Spartan Drive
Extension Project to the location as depicted on the
aerial photograph attached hereto as Exhibit A-1, except
as such location may be reasonably modified by the City
to solve engineering, layout or design problems . Such
relocated detention facility shall be for the mutual use
of the City and ECC provided, however, ECC' s use of such
relocated detention facility shall be limited to Parcel B-
1 and shall comply with all applicable legal requirements.
All costs associated with the relocation of such detention
facility shall be a Project Cost of the Spartan Drive
Extension Project to be shared equally by the parties.
B. Section 5 entitled "ECC TRANSFER TO THE CITY" be and is
hereby further amended by deleting from the existing 12th through
15th lines thereof the following:
" . . . The City acknowledges that it is the City' s
intention to take such action as may be required by law
to effect the reclassification of such parcels to the
"Office, Research, Industrial District" as such district
is now defined in the zoning ordinance of the City insofar
as it may lawfully do so. . . . "
C. Section 6 entitled "CITY TRANSFER TO ECC" be and is hereby
amended in its entirety to read as follows :
"6 . CITY TRANSFER TO ECC. Upon the conclusion of
the golf season for the year 2002 , but not later than
December 31, 2002, the City shall transfer to ECC the
City-owned parcels now used as part of the west nine holes
of the Spartan Meadows Golf Course, identified and herein
referred to as "Parcel B-2" and "Parcel A-3" . It is
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further expressly agreed and understood by the City and
ECC that there shall be no development of any kind of
Parcel B-1, including but not limited to grading,
excavation or the construction of any building thereon,
until after June 1, 2002 .
The parties agree that it is the intent of this
Agreement that Parcel B-1 and Parcel B-2 taken together
shall total approximately forty (40) Buildable acres .
The City acknowledges that it is the City' s intention
to take such action as may be required by law to effect
the reclassification of Parcels B-1 and B-2 in the
classification "Office, Research, Industrial District" as
such district is now defined in the zoning ordinance of
the City and the rezoning of Parcel A-3 in the
classification "Community Facility District" as now
defined in the zoning ordinance of the City insofar as it
may lawfully do so. As a condition precedent to such
rezoning ECC agrees that the southern property line of
Parcels B-1 and B-2 shall have a transition landscape yard
of one hundred forty-three (143) feet as depicted in
Exhibit 2B. The City and ECC agree to begin the process
for such proposed reclassification of Parcel B-1 upon the
execution of this Amendment Agreement . The City and ECC
agree to begin the process for such proposed
reclassifications of Parcels B-2 and A-3 after the
conveyance of such parcels by the City to ECC.
The rights of first refusal of both ECC and the City,
as set forth in the original Intergovernmental Agreement
shall be and are hereby rescinded and deleted from the
Intergovernmental Agreement entirely in all places where
such references appear.
The transfers of parcels B-2 and A-3 to ECC shall be
accompanied by evidence of title satisfactory to the
transferee that the parcels conveyed are free and clear
of all liens and encumbrances . "
D. Section 7 entitled "SPARTAN DRIVE IMPROVEMENTS" be and is
hereby amended in its entirety to read as follows :
"7 . SPARTAN DRIVE IMPROVEMENT PROJECT. The parties
hereto agree that it is in the public interest to improve
and extend Spartan Drive from its current western terminus
in a manner such as to allow access to Randall Road at the
existing Randall Road-College Green Drive intersection.
The project to extend Spartan Drive shall include the
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design and construction of the Spartan Drive extension,
the design and construction of improvements to the
intersection of Randall Road and College Green Drive, the
design and construction of the intersection of College
Green Drive and Spartan Drive and the design and
construction of the realignment of Renner Drive and a new
intersection for Renner Drive and Spartan Drive (the
Spartan Drive extension, the Randall Road and College
Green Drive intersection improvements, the Spartan Drive
and College Green Drive intersection improvements and the
realignment of Renner Drive and a new intersection for
Renner Drive and Spartan Drive are hereinafter
collectively referred to as the "Spartan Drive Extension
Project" . )
A. PHASES AND TIME OF PERFORMANCE. Construction
of the Spartan Drive Extension Project shall take place
in two phases or sections . Phase I of the Spartan Drive
Extension Project consists of the improvements to the
intersection of Randall Road and College Green Drive, the
improvements to the intersection of College Green Drive
and Spartan Drive and the extension of Spartan Drive from
the intersection with College Green Drive to the detention
area now located on the northeast corners of Parcels A-1
and B-l . Phase I of the Spartan Drive Extension Project
was based upon the plans prepared by Clark Dietz, Inc. ,
dated April 20, 2000, as were modified by the City to
solve engineering, layout or design problems and to
reflect actual field conditions . The parties acknowledge
and agree that Phase I of the Spartan Drive Extension
Project has been satisfactorily and fully completed by the
City. Phase II of the Spartan Drive Extension Project
shall consist of the continued extension of Spartan Drive
commencing at the eastern edge of Phase I, and continuing
easterly to the existing Spartan Drive roadway, and shall
also include the realignment of Renner Drive and a new
intersection for Renner Drive and Spartan Drive. Phase
II of the Spartan Drive Extension Project shall be
initiated by the City not later than May 1, 2003 . The
City will cause the work on Phase II of the Spartan Drive
Extension Project to thereafter proceed as expeditiously
as is reasonably practicable with such Phase II of the
Spartan Drive Extension Project to be completed by
December 31, 2003 .
B. DESIGN. The parties agree that the alignment
of Phase II of the Spartan Drive Extension Project shall
be as depicted on the plat of dedication prepared by the
Landmark Engineering Group, dated April 7, 2000, except
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as same may be reasonably modified by the City to solve
engineering, layout or design problems . Phase II of the
Spartan Drive Extension Project shall be designed and
engineered to the standards similar to those provided in
Phase I, except as same may be reasonably modified by the
City to solve engineering, layout or design problems .
Phase II of the Spartan Drive Extension Project relating
to the realignment of Renner Drive and a new intersection
for Renner Drive and Spartan Drive shall be designed in
general as shown on Figure 9H, Sheet 8 of 10, of the
Spartan Drive Extension Project Development Report
prepared by Clark-Dietz, Inc . dated September 1998 except
as same may be reasonably modified by the City to solve
engineering, layout or design problems . The parties
understand and agree that stormwater detention for Phase
II of the Spartan Drive Extension Project shall be located
on a yet to be determined portion of property owned or to
be owned by ECC. The precise location of such stormwater
detention on ECC property shall be determined during the
engineering of Phase II of the Spartan Drive Extension
Project and shall be subject to the approval of both the
City and ECC with the approval of each party not to be
unreasonably withheld. ECC shall provide such property
for stormwater detention for Phase II of the Spartan Drive
Extension Project at no cost to the City or to the Spartan
Drive Extension Project . The parties further understand
and agree that Phase II of the Spartan Drive Extension
Project will not include sanitary sewer unless requested
by ECC. In the event ECC desires that sanitary sewer be
included in Phase II of the Spartan Drive Extension
Project ECC shall notify the City of same in writing not
later than March 1, 2002 . In the event ECC so notifies
the City that ECC desires that sanitary sewer be included
in Phase II of the Spartan Drive Extension Project the
City will cause the plans for Phase II of the Spartan
Drive Extension Project to include sanitary sewer . The
plans and specifications for any such sanitary sewer in
Phase II of the Spartan Drive Extension Project shall be
subject to the approval of both the City and ECC with the
approval of each party not to be unreasonably withheld.
Notwithstanding anything to the contrary in the
Intergovernmental Agreement or this Amendment Agreement,
the parties further agree that all costs associated with
any such sanitary sewer in Phase II of the Spartan Drive
Extension Project, including without limitation all design
and construction costs, shall not be a Project Cost but
instead shall be the responsibility of and shall be paid
solely by ECC . Services required by the staff of the City
regarding any such sanitary sewer in Phase II of the
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Spartan Drive Extension Project shall not be a cost
chargeable to ECC .
C. COSTS . The parties agree to share equally in
all costs associated with the design and construction of
the Spartan Drive Extension Project, which includes the
Spartan Drive extension, the Randall Road and College
Green Drive intersection improvements, the Spartan Drive
and College Green Drive intersection improvements and the
realignment of Renner Drive and the new intersection for
Renner Drive and Spartan Drive, including but not limited
to surveying, soil testing, additional fill required by
soil conditions, relocation of the existing detention
facility now located on the northeast corners of Parcels
A-1 and B-1, engineering, construction and inspection (all
such costs associated with the design and construction of
the Spartan Drive Extension Project are hereinafter
referred to as the "Project Costs" ) . Services required
by the staff of either party shall not be a cost
chargeable against this Project .
D. PAYMENT. The City shall advance all Project
Costs . ECC shall reimburse the City for one-half (1/2)
of such Project Costs . Except as the parties otherwise
agree ECC shall reimburse the City for one-half (1/2) of
such Project Costs within forty-five (45) days of receipt
of the City' s statement of Project Costs with supporting
documentation. In the event sanitary sewer is included
within Phase II of the Spartan Drive Extension Project ECC
shall pay when due all costs and invoices for such
sanitary sewer.
E . RIGHT OF WAY. The property utilized or to be
utilized for the Spartan Drive Extension right of way,
which is currently depicted on the plat of dedication
prepared by the Landmark Engineering Group, dated April 7,
2000, except as same may be reasonably modified by the
City to solve engineering, layout or design problems ,
shall be dedicated to the City as a public right of way
by the party in title thereto at the time such dedication
is required to facilitate the Spartan Drive extension as
described herein. The parties agree to provide for such
right of way dedications at no cost to the other party or
to the Spartan Drive Extension Project no later than
December 31 , 2002 . The portion of the proposed right of
way for the Spartan Drive extension not within Parcel A
or B, not within an existing dedicated right of way and
not owned by ECC is included in the legal description set
forth in Exhibit 3 of the original Intergovernmental
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Agreement and has previously been acquired by the City
pursuant to the Intergovernmental Agreement . The cost of
this right of way acquisition on such Westfield Parcel by
the City shall not be a Project Cost and shall be borne
solely by the City. ECC shall also provide the property
necessary to provide for the realignment of Renner Drive
and the new intersection for Renner Drive and Spartan
Drive at no cost to the City or to the Spartan Drive
Extension Project . In the event the City determines that
such realigned Renner Drive should become a public right
of way, and upon the written request of the City to ECC,
ECC shall dedicate the property utilized or to be utilized
for the realigned Renner Drive and the new intersection
for Renner Drive and Spartan Drive to the City as a public
right of way at no cost to the City or to the Spartan
Drive Extension Project .
F. SIGNAGE. The City agrees to permit ECC to
locate an electronic message sign at an appropriate
location on the City-owned right of way at the southeast
corner of Randall Road and College Green Drive for the
purposes of identifying such intersection as an entry to
Elgin Community College . In the event there is
insufficient area on the City-owned portion of the right
of way at such southeast corner of Randall Road and
College Green Drive then such sign shall be located at an
appropriate location on the City-owned right of way at the
northeast corner of Randall Road and College Green Drive .
The precise location of such sign on the City-owned
portion of the right-of-way shall be subject to the
approval of both the City and ECC with the approval of
each party not to be unreasonably withheld. ECC shall
submit an application for a sign permit to the City which
shall include the plans and specifications for the
proposed sign. The sign including its construction, size
and message shall comply with City ordinances and shall
be subject to approval by the City. ECC shall at all
times maintain such sign in compliance with all City
ordinances and other requirements of law. All costs
associated with such sign, including but not limited to
the original placement thereof and any maintenance costs
associated therewith, shall be the responsibility of and
shall be paid solely by ECC. The City also agrees to
permit the ECC name or logo to be painted on two sides of
the City-owned water tower which is located on the south
side of College Green Drive near the intersection with
Spartan Drive . ECC shall submit to the City plans and
specifications for the proposed ECC name or logos to be
painted on the City-owned water tower. The size, color
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and location of the ECC name or logos to be painted on the
City-owned water tower shall be subject to approval by the
City. The City shall provide for the painting of the ECC
name or logos on the City-owned water tower. ECC shall
reimburse to the City all costs associated with painting
the ECC name or logos on the City-owned water tower
including but not limited to the original placement
thereof and any maintenance costs or increased maintenance
costs associated therewith. The permission granted within
this section by the City to permit ECC to locate a sign
on City-owned property or right of way is intended as and
shall be considered as a license for such activity which
may be terminated by the City in the event the City no
longer uses such property as a public right of way, in the
event ECC fails to maintain the sign in conformance with
City ordinances or requirements of law or in the event the
sign is removed by ECC from such City property and is not
reestablished for a period of one (1) year. The
permission granted within this section by the City to
allow the painting of the ECC name or logos on the City-
owned water tower is intended as and shall be considered
as a temporary license for such activity which may be
terminated by the City at any time the City determines in
its sole discretion that the ECC name or logos on the
City-owned water tower is inconsistent with the City' s use
of such water tower. To the fullest extent permitted by
law, ECC agrees to and does hereby waive and it shall
indemnify, and defend and hold harmless the City, its
officers, employees, agents, boards and commissions from
and against any and all claims, suits, judgments, costs,
attorney' s fees, damage or other relief arising out of or
resulting from or through or alleged to arise out of the
existence of an ECC sign on City-owned property or right
of way and/or the ECC name or logos on the City-owned
water tower as described herein.
G. RENAMING OF PORTION OF COLLEGE GREEN DRIVE.
The City agrees that within ninety (90) days of the
execution of this Amendment Agreement to rename from
"College Green Drive" to "Spartan Drive" that portion of
College Green Drive located between the intersection of
Randall Road and College Green Drive and the intersection
of Spartan Drive and College Green Drive . "
E . Section 8 entitled "GOLF COURSE ADDITION" be and is hereby
amended by deleting from the existing 8th through 12th lines thereof
the following:
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. As additional consideration for this
undertaking, ECC shall have a right of first refusal on
the property commonly known as the east nine holes of the
Spartan Meadows Golf Course in the event the City offers
all or any portion of such property for sale . Such right
of first refusal shall be substantially as set forth in
Section 10 below which the City shall place of record
against this parcel . "
F. Section 10 entitled "RIGHT OF FIRST REFUSAL" be and is
hereby deleted in its entirety.
3 . That if any provisions of this amendment agreement
conflicts with any provisions of the original Intergovernmental
Agreement, the provisions of this amendment agreement shall be
controlling .
4 . That except as amended by this amendment agreement the
terms of the Intergovernmental Agreement between the City and ECC
entered into in December of 1995 shall remain in full force and
effect .
IN WITNESS WHEREOF, the parties have caused this Amendment
Agreement to be executed by their duly authorized officers on the
date and year first written above .
BOARD OF TRUSTEES OF COMMUNITY CITY OF ELGIN, a municipal
COLLEGE DISTRICT #509, corporation
an Illinois public lle e
By: By: f1:(4 '.r?IL!'�"G
I s Chairman Mayor
Attes : Attest :
Secret y City Clerk
F:\Legal Dept\Agreement\ECC-AmendedlntergovtlAgr-SpartanDrive-WAC.wpd
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Agenda Item No.
City of Elgin
RATEDFE4 6 :
tr
G c q fl4
August 17, 2001 I :TT; 1) T: ..
N '"
TO: Mayor and Members of the City Council
ECONOMIC GROWTH
FROM: Joyce A. Parker, City Manager
SUBJECT: Proposed Amendment to Intergovernmental Agreement with
Elgin Community College
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider a proposed
amendment to the December 1995 Intergovernmental Agreement with
Elgin Community College .
BACKGROUND
The City and Elgin Community College entered into an
Intergovernmental Agreement in December of 1995 . A copy of the
Intergovernmental Agreement is attached. The major provisions of
the Intergovernmental Agreement relate to the extension of Spartan
Drive to Randall Road and the exchange of real estate between the
City and ECC.
Attached is a proposed Amendment to the City' s Intergovernmental
Agreement with Elgin Community College . The terms of the proposed
Amendment to the Intergovernmental Agreement may be summarized as
follows :
1 . The original Intergovernmental Agreement provides in Section 5
that ECC is permitted to relocate the detention area now
located at the northeast corners of Parcel Al and Bl .
Section 5 of the Intergovernmental Agreement would be amended
to provide that such detention area will be relocated as part
of Phase II of the Spartan Drive Extension Project to the
location as depicted on the aerial photograph attached to the
Amendment Agreement as Exhibit A-1 . The costs associated with
the relocation of such detention facility would be a project
cost of the Spartan Drive Extension Project to be shared
equally by the parties .
Proposed Intergovernmental Agreement
with Elgin Community College
August 13 , 2001
Page 2
2 . The original Intergovernmental Agreement provides in Section 5
that it is the City' s intention to effect the reclassification
of the City-owned Parcels Al, A2 and A4 to the Office,
Research, Industrial zoning district . Exhibit 2A to the
Intergovernmental Agreement is a map which identifies various
parcels of real estate referenced in the Intergovernmental
Agreement . Section 5 of the Intergovernmental Agreement would
be amended to delete the provision relating to the
reclassification of these parcels to the ORI zoning district .
These City-owned parcels have frontage on Randall Road. It is
the City' s intention to sell these parcels and that such
parcels would be rezoned for a commercial use (eg. planned
area business zoning) .
3 . The original Intergovernmental Agreement provides in Section 6
that upon the conclusion of the golf season for the year 2005
the City shall transfer to ECC the City-owned parcels now used
as part of the west nine holes of the Spartan Meadows Golf
Course identified in the original agreement as Parcels B2 and
A3 . Section 6 of the Intergovernmental Agreement would be
amended to provide that upon conclusion of the golf season for
the year 2002 , but not later than December 31, 2002 , the City
would transfer to ECC such parcels B2 and A3 . The Amendment
Agreement further provides that there shall be no development
of any kind of ECC' s Parcel Bl until after June 1, 2002 . The
Intergovernmental Agreement would continue to provide that it
is the City' s intention to take such action as may be required
by law to effect the reclassifications of Parcels Bl and B2 in
the Office, Research, Industrial zoning district and the
rezoning of Parcel A3 in the Community Facility zoning
district . ECC must also still provide for a 143 foot
transition landscape yard on the southern property line of
Parcels B1 and B2 . The Amendment Agreement provides that the
City and ECC would agree to begin the process for the proposed
reclassification of Parcel Bl upon the execution of the
Amendment Agreement and to begin the process for the proposed
reclassifications of Parcel B2 and A3 after the conveyance of
such parcels by the City to ECC.
4 . The original Intergovernmental Agreement provides for certain
rights of first refusal by both the City and ECC. The
original agreement provides the City has a right of first
refusal in the event ECC offers all or any portion of
Parcels Bl or B2 for sale . The original agreement further
provides that ECC has a right of first refusal in the event
the City elects to sell or otherwise transfer the east nine
holes of the Spartan Meadows Golf Course or any portions
thereof .
Proposed Intergovernmental Agreement
with Elgin Community College
August 13 , 2001
Page 3
The Amendment Agreement would amend Sections 6, 8 and 10 of
the original agreement and would rescind and delete the rights
of first refusal of both the City and ECC as set forth in the
original agreement . ECC has advised the City that it intends
to convey all or a portion of Parcel Bl to a developer to
develop Parcel B1 as a recreation facility. ECC also intends
to enter into a leaseback agreement with the developer to
allow for ECC' s use of such facility.
5 . The original Intergovernmental Agreement provides in Section 7
for the Spartan Drive Improvement Project . The original
agreement provides that the Spartan Drive Extension shall be
constructed to standards of a collector street and that the
project shall be initiated by the City by December 31, 2000 .
The Amendment Agreement provides for a complete revision of
Section 7 by providing that the Spartan Drive Extension
Project shall take place in two phases . Phase I of the
Spartan Drive Extension Project consists of the improvements
to the intersection of Randall Road and College Green Drive,
the improvements to the intersection of College Green Drive
and Spartan Drive and the extension of Spartan Drive from the
intersection with College Green Drive to the detention area
now located at the northeast corners of Parcels Al and Bl .
Phase I of the Spartan Drive Extension Project has already
been completed. Phase II of the Spartan Drive Extension
Project would consist of the continuing extension of Spartan
Drive commencing at the eastern edge of Phase I , and
continuing easterly to the existing Spartan Drive roadway and
would also include the realignment of Renner Drive and a new
intersection for Renner Drive and Spartan Drive . The
Amendment Agreement provides that Phase II of the Spartan
Drive Extension Project shall be initiated by the City not
later than May 1, 2003 and that the City will cause the work
on Phase II to thereafter proceed as expeditiously as is
reasonably practicable with such Phase II to be completed by
December 31, 2003 . Stormwater detention for Phase II of the
Spartan Drive Extension Project would be located on a portion
of property owned or to be owned by ECC. ECC must provide
such property for stormwater detention for Phase II of the
project at no cost to the City or to the project . Phase II of
the project would not include sanitary sewer unless requested
by ECC. In the event ECC elects to include sanitary sewer in
Phase II of the project all costs associated with any such
of and be paid
sanitary sewer would be the responsibility
s y
solely by ECC.
Proposed Intergovernmental Agreement
with Elgin Community College
August 13 , 2001
Page 4
6 . The original Intergovernmental Agreement further provides in
Section 7 that the City agrees to permit ECC to construct
signage on City-owned property or right of way adjacent to and
visible from Randall Road for purposes of identifying such
intersection as an entry to Elgin Community College . The
Amendment Agreement provides for a revised Section 7F wherein
the City agrees to permit ECC to locate an electronic message
sign in an appropriate location on the City-owned right of way
at the southeast corner of Randall Road and College Green
Drive . In the event there is insufficient area at the
southeast corner then such sign shall be located at an
appropriate location in the City-owned right of way at the
northeast corner of Randall Road and College Green Drive . The
precise location of such signs shall be subject to the
approval of both the City and ECC. The sign including its
construction, size and message must comply with City
ordinances and shall be subject to approval by the City. All
costs associated with the sign are the responsibility of ECC.
The City would also agree to permit the ECC name or logo to be
painted on two sides of the City-owned water tower located on
the south side of College Green Drive near the intersection
with Spartan Drive . The size, color and location of the ECC
name or logo to be painted on the City-owned water tower would
be subject to the approval of the City. The City would
provide for the painting of the ECC name or logo on the water
tower and ECC would be required to reimburse the City all
costs associated therewith including but not limited to the
original placement thereof and any maintenance costs
associated therewith.
7 . Section 7G of the Amendment Agreement provides for the
renaming to Spartan Drive that portion of College Green Drive
located between Randall Road and Spartan Drive .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Lengthy negotiations have been conducted with representatives of
ECC.
pFINANCIAL IMPACT
The estimated cost to relocate the detention area now located at
the northeast corners of Parcels B1 and A3 is $300 , 000 . Pursuant
to the Amendment Agreement the City would be responsible for one-
half of such costs or approximately $150, 000 .
Proposed Intergovernmental Agreement
with Elgin Community College
August 13 , 2001
Page 5
It is also anticipated that the City may receive a higher sale
price for the City-owned property fronting on Randall Road if such
property is rezoned for a commercial use (eg. planned area business
zoning) versus the Office, Research, Industrial zoning
classification anticipated in the original Intergovernmental
Agreement .
Currently, there is $840 , 000 budgeted in 2002 ($70, 000) and 2003
($770 , 000) to pay for the City' s 50% share of second phase of the
Spartan Drive extension.
viy-VyGAL IMPACT
None .
ALTERNATIVES
1 . Approve the proposed Amendment Agreement to the
Intergovernmental Agreement .
2 . Do not approve the proposed Amendment Agreement to the
Intergovernmental Agreement .
RECOMMENDATION
It is recommended that the City Council approve the proposed
Amendment to the Intergovernmental Agreement with Elgin Community
College .
R ectfully submitted
Jo ce A. Parker
City Manager
WAC/nr
Attachments
Resolution No. 95-219
Amended
RESOLUTION
AUTHORIZING PREPARATION AND EXECUTION OF
INTERGOVERNMENTAL AGREEMENT WITH ELGIN COMMUNITY COLLEGE
WHEREAS, it has been proposed that the City of Elgin and
Elgin Community College enter into an intergovernmental
agreement providing for an exchange of land and the
construction of a roadway in order to provide for the
anticipated growth of Elgin Community College and resulting
effect on traffic to and from the campus of Elgin Community
College; and
WHEREAS, the City Council has discussed such proposal at
several of its meetings and conducted a public hearing on the
proposal .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that the Corporation Counsel is
hereby authorized and directed to confer with designated
counsel of Elgin Community College (ECC) to jointly prepare an
intergovernmental agreement between the City of Elgin (City)
and Elgin Community College which shall include the following
terms :
ROADWAY EXTENSION
1 . Spartan Drive (roadway) to be extended from its present
western terminus to existing College Green Drive by City.
a. Proposed alignment of roadway is illustrated on
Exhibit 1 . Roadway shall be constructed to
standards for a collector street under the city' s
subdivision ordinance ( i .e. 70 foot right-of-way, 36
foot pavement with curb and gutter) .
b. Exhibit 2 is the narrative portion of a soils report
for the area in and around the proposed roadway.
The report indicates that portions of the roadway
right-of-way will require structural fill to
stabilize future roadway construction. The cost of
required structural fill shall be included in
roadway construction costs .
c . The City and ECC recognize that additional surveying
and tests for final engineering will be required to
determine precise acreage, road alignment, and soil
bearing conditions . The cost of such surveying and
tests shall be included in roadway construction
costs .
intersection design appropriate for Community
College/Office, Research, Industrial Park entryway.
LAND ACQUISITION & DISPOSITION
1 . ECC purchases twenty-five (25) acre parcel from Zale
Group (Zale Rental Parcel) for $2,061, 307 . 50 and
dedicates to City right-of-way required for Spartan Drive
roadway extension. ECC conveys to City portion of Zale
Rental Parcel included in Parcel A as illustrated on
Exhibit 1 .
2 . ECC contributes $2 ,250,000 . 00 to the City to facilitate
the following:
a. Construction of a new eighteen hole golf course east
of South McLean Boulevard. New golf course
projected to open in Spring of 2000 .
b. Within six months, City purchases land and existing,
unoccupied, model, five (5) dwelling unit townhouse
structure (Westfield Development structure) located
in and adjacent to the proposed Spartan Drive
extended roadway right-of-way. City removes
Westfield Development structure from roadway
right-of-way. Acquisition and removal costs are
estimated at $700,000 . 00 .
3 . City shall convey to ECC the portion of Spartan Meadows
golf course illustrated on Exhibit 1 as Parcel B and the
wetland/floodplain portion of Parcel A at the conclusion
of the 2005 golf season.
4 . The division of net developable land between the City and
ECC is illustrated on Exhibit 1 . The division provides
approximately thirty ( 30) acres of net developable land
for the City and forty (40) acres of net developable land
for ECC (exclusive of roadway right-of-way) .
5 . ECC parcel of 40 acres to be reclassified Office,
Research, Industrial (ORI) with a transition landscape
yard of one hundred forty three ( 143) feet consistent
with a Community Facility (CF) standard for a one hundred
forty ( 140) acre land use.
6 . City parcel of thirty ( 30) acres to be reclassified
Office, Research, Industrial (ORI ) .
7 . ECC to own area of Parcel A shown on Exhibit 1 within
floodplain and containing wetlands . This portion of
Parcel A shall be used for stormwater detention/wetlands
enhancement; and to the extent that it is not required
for stormwater detention purposes, will be available to
ECC for recreational and instructional purposes . This
portion of Parcel A to be classified Community Facility
(CF) .
COSTS & FINANCING
1 . ECC finances purchase of Zale Rental Parcel over a ten
( 10) year term.
2 . City pays debt service on financing for purchase of Zale
Rental Parcel .
3 . City finances ECC contribution toward items referenced in
paragraphs 2a and 2b under "Land Acquisition &
Disposition" over a twenty (20) year term.
4 . ECC pays debt service on financing for contribution
referenced in paragraph 3 above.
5 . Costs for acquisition and removal of Westfield
Development structure for Spartan Drive extended
right-of-way to be borne by City.
6 . ECC reimburses City for cost of Spartan Drive roadway
extension construction, including design and site
preparation, in the sum of fifty (50) percent of each
paid invoice presented for such purposes .
BENEFITS
1 . City recognizes the community development value of
extending Spartan Drive to College Green Drive and
providing land for future expansion of the community
college.
2 . City recognizes and acknowledges the economic development
benefit, to the community in general and School District
U-46 in particular, of rezoning the Zale Rental Parcel
from Planned Residence Conservation (PRC) to Office,
Research, Industrial (ORI) .
3 . ECC recognizes value of obtaining roadway access to
Randall Road and land for future expansion of the college
campus .
4 . City recognizes the potential for enhanced golf
opportunities with the construction of the new eighteen
hole facility east of South McLean Boulevard.
GENERAL
1 . City shall have right-of-first-refusal in the event that
ECC decides to sell all or a portion of Parcel B.
2 . ECC shall have right-of-first-refusal in the event that
City decides to sell all or a portion of the existing
eastern nine holes of Spartan Meadows golf course.
JOINT COMMITTEE
City and ECC shall form a committee composed of
representatives of City, ECC and homeowners associations in
surrounding area to periodically meet and discuss further
development of ECC and use of territory exchanged by City and
ECC.
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized and directed to execute an intergovernmental
agreement, in such form as is approved by the Corporation
Counsel, between the City of Elgin and Elgin Community College.
BE IT FURTHER RESOLVED that an executed copy of the
intergovernmental agreement authorized by this resolution
shall be placed on file with the City Clerk.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 11, 1995
Adopted: October 11, 1995
Vote: Yeas 4 Nays 3
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
II 1
• INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is entered into by the CITY OF ELGIN, Kane and Cook
Counties, Illinois, a municipal corporation (herein variously referred to as the "City of
Elgin" or the "City") and the BOARD OF TRUSTEES OF COMMUNITY COLLEGE
DISTRICT NO. 509, Counties of DuPage, Cook, McHenry, DeKalb and Kane, and State
of Illinois, a public community college, popularly known as ELGIN COMMUNITY
COLLEGE (herein variously referred to as "Elgin Community College" or "ECC").
RECITALS:
WHEREAS, the City of Elgin is a municipal corporation organized and existing
under the authority of the Illinois Municipal Code of 1961 , 65 ILCS 5/1-1-1 et. seq.,
and predecessor statutes and having those home rule powers granted pursuant to
Article VII, Section 6 of the 1970 Illinois Constitution; and
WHEREAS, Elgin Community College is a community college district organized
and existing under the authority of the Public Community College Act, 110 ILCS
805/1-1 et seq.; and
WHEREAS, this Agreement is executed pursuant to the provisions of Article VII,
Section 10 of the Constitution of Illinois of 1970, and pursuant to the provisions of
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., it being the intention
of the parties to exercise to the fullest extent permitted by law the authority granted
them under those constitutional and statutory provisions; and
1
WHEREAS, both the City of Elgin and Elgin Community College have been
granted the express power to transfer real property between each other on such terms
as they may agree pursuant to the Local Government Property Transfer Act, 50 ILCS
605/1 et seq.
NOW THEREFORE, in consideration of the mutual covenants and agreements-
contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the City of Elgin and Elgin Community
College hereby agree as follows:
1 . PURPOSE. The City of Elgin and Elgin Community College have
determined that in order to provide for the public health, safety and welfare, it is in
the public interest to agree to exchange certain real estate, to provide for the
maintenance of certain wetlands and stormwater detention areas, to provide for the
construction and maintenance of certain public recreational facilities, and to cause the
construction of a public road to facilitate access to the College, and the development
of real estate to be owned, respectively, by the parties and other matters.
2. ECC ACQUISITION. Elgin Community College has entered into an
agreement with both American National Bank & Trust Company of Chicago, not
individually but as Trustee under Trust Agreement dated September 29, 1989, and
known as Trust No. 109526-04, and Randall Road Development Corporation, an
Illinois corporation, for the purchase of a parcel of real estate consisting of 25.122
acres for the price rice of $2,061 ,307.50. Such parcel, herein referred in total
purchase
as the "Zale Parcel" is located approximately two hundred and fifty (250) feet north
2
of College Green Drive, adjoining on its western boundary the Randall Road right-of-
way and bearing the legal description attached hereto as Exhibit 1 .
3. LAND AREA DEFINITIONS. For purposes of this Agreement the
following descriptions of real property parcels shall be applied. Where legal
descriptions are not available, the various terms of this Agreement shall be interpreted
to harmonize the descriptions consistent with the intent of the parties as stated
herein. Where general descriptions are used to arrive at an acreage figure, the
acreage term shall take precedence over any other general terms to the extent
possible. As between acreage figures, inconsistencies between Buildable, net and
gross acreage shall be interpreted to give priority to "Buildable" acres. The parties
agree that the term "Buildable" acreage as used herein to describe realty, shall mean
tir3t portion of a parcel excluding right of ways, which do not contain material areas
of delineated wetlands or floodplains, as defined by the appropriate governmental
agencies, which would interfere with the development of such property in the manner
permitted by the zoning classification proposed in this Agreement. The location of
some wetlands or floodplain areas on a parcel shall not render it unbuildable so long
as structures and uses consistent with the aforesaid zoning may be constructed or
undertaken to the maximum floor area permitted by the zoning ordinances of the City.
The term "Buildable" shall not take into account the structural bearing strength of
soils.
A. PARCEL A. Parcel A shall be as generally described in Exhibit 2A and
shall contain approximately 57 gross acres less 2 acres of the Spartan Drive
3
Extension right of way (measured to the centerline of the right of way) as
hereinafter defined, leaving approximately 55 net acres remaining. Parcel A
shall consist of subparts A-1, A-2, A-3, and A-4 and hereby incorporates the
definitions of such subparts. All subpart definitions shall be interpreted in a
manner to result in a total area net of right of way for Parcel A of 55 net acres.
B. PARCEL A-1. Parcel A-1 consists of that portion of the Zale Parcel
located to the north and west of the Spartan Drive Extension as hereinafter
defined and as generally depicted in Exhibit 2A. When reference is made herein
to the City retaining or receiving a total of thirty (30) "buildable" acres, Parcel
A-1 is .ncluded therein.
C. PARCEL A-2. Parcel A-2 is a subpart of that portion of Parcel A now
owned by the City and consists of the westernmost portion of the west nine
holes of the Spartan Meadows Golf Course which is both Buildable and taken
together with the Buildable parts of Parcels A-1 and of A-4 totals thirty (30)
Buildable acres.
D. PARCEL A-3. Parcel A-3 is a subpart of that portion of Parcel A now
owned by the City, is that part of the west nine holes of the Spartan Meadows
Golf Course north of the Spartan Drive Extension not included in Parcel A-2,
totals approximately twenty-five (25) acres and contains primarily wetlands and
floodplain area.
E. PARCEL A-4. Parcel A-4 consists of the "Park Site" as that term is
defined in the Annexation Agreement between the City and Zale 721 adopted
4
by the City pursuant to Ordinance S1-90 which is not otherwise contained in
Parcel A-1 . Approximately 5.1 acres of such parcel is wetland. That portion
of this Parcel which is not wetland or stormwater detention, when added to the
Buildable portions of Parcels A-1 and A-2, totals approximately thirty (30)
Buildable acres.
F. PARCEL B. Parcel B shall be as generally depicted in Exhibit 2A and 2B,
shall contain approximately forty-three (43) gross acres less two (2) acres of
the Spartan Drive Extension right of way (measured to the centerline of the
right of way) as hereinafter defined, leaving approximately 41 net acres
remaining, and shall consist of that portion of the Zale Parcel and the west nine
holes of the Spartan Meadows Golf Course lying south of the Spartan Drive
Extension right of way. Parcel B shall consist of subparts B-1 and B-2 and
hereby incorporates the definitions of such subparts. All subpart definitions
shall be interpreted in a manner to result in a total area for Parcel B of forty-one
(41 ) net acres and forty (40) Buildable acres, leaving approximately one (1 ) acre
of wetland.
G. PARCEL B-1 . Parcel B-1 shall consist of that portion of the Zale Parcel
south and east of the Spartan Drive Extension right of way.
H. PARCEL B-2. Parcel B-2 shall consist of that portion of west nine holes
of the Spartan Meadows Golf Course lying south of the Spartan Drive Extension
right of way.
5
•
4. ECC AUTHORITY. ECC has secured such approvals as are necessary
pursuant to 110 ILCS 805/3-36 to acquire the Zale parcel set forth above and more
fully described in Exhibit A. ECC shall acquire title to said parcel on or before
December 31 , 1995.
5. ECC TRANSFER TO THE CITY. Pursuant to the authority granted under
the Local Government Property Transfer Act, 50 ILCS 605/1 et seq. ECC shall, in
consideration of the undertakings of the City set forth in this Agreement, transfer
Parcel A-1 to the City on or before December 31 , 1997. The parties agree that it is
the intent of this Agreement that the Buildable acreage of Parcel A-1, A-2 and A-4
taken together, shall be approximat3ly 30 acres. The City and ECC agree that ECC
shall retain ownership of Parcel B-1 and shall be permitted to relocate the detention
area now located at the northeast corner of the Zale Parcel onto Parcel A-3 provided
that such relocation conforms to City and other governmental regulations concerning
the use of wetlands and fio.odplains.
In consideration of this transfer, the City agrees to the financing arrangements
set forth in Section 9., FINANCING below. The City acknowledges that it is the city's
intention to take such action as may be required by law to effect the reclassification
of such parcels to the " Office, Research, Industrial District" as such district is now
defined in the zoning ordinance of the City insofar as it may lawfully do so. Such
transfer shall be accompanied by evidence of title satisfactory to the transferee that
the parcel conveyed is free and clear of all liens and encumbrances. The City shall
6
•
reimburse ECC for the periodic payments due on the financial obligation undertaken
by ECC for the acquisition of the Zale Parcel as set forth in Section 9.A., ECC
REIMBURSEMENT OBLIGATION, below.
6. CITY TRANSFER TO ECC. Upon the conclusion of the golf season for
the year 2005, the City shall transfer to ECC the City owned parcels now used as part
of the west nine holes of the Spartan Meadows Golf Course, identified and herein
referred to as "Parcel B-2" and "Parcel A-3".
The parties agree that it is the intent of this Agreement that Parcel B-1 and
Parcel B-2 taken together shall total approximately forty (40) Buildable acres.
Prior to such conveyance to ECC the City acknowledges that it is the City's
intention to take such action as may be require j by law to effect the reclassification
of Parcels B-1 and B-2 in the classification "Office, Research, Industrial District" as
such district is now defined in the zoning ordinance of the City and the rezoning of
Parcel A-3 in the classification "Community Facilities District" as now defined in the
zoning ordinance of the City insofar as it may lawfully do so. The City agrees that
pursuant to such rezoning ECC shall be permitted to use Parcel A-3 in any manner not
inconsistent with such zoning classification. As a condition precedent to such
rezoning ECC agrees that the southern property line of Parcel B-1 and B-2 shall have
a transition landscape yard of one hundred forty three (143) feet as depicted in Exhibit
2B.
The City shall have a right of first refusal, to be set forth in a Memorandum of
Agreement substantially as set forth in Section 10 below and placed of record against
7
Parcel B in the event ECC offers all or any portion of Parcel B-1 or B-2 for sale. The
transfers of Parcels B-2 and A-3 to ECC shall be accompanied by evidence of title
satisfactory to the transferee that the parcels conveyed are free and clear of all liens
and encumbrances.
7. SPARTAN DRIVE IMPROVEMENTS. The parties hereto affirm that it is.
in the public interest to improve and extend Spartan Drive from its current western
terminus in a manner such as to allow access to Randall Road at the existing Randall
Road-College Green Drive intersection, herein referred to as the "Spartan Drive
Extension". To achieve this goal and as additional consideration for this Agreement
the parties agree to the following undertakings:
A. CITY STANDARDS. The City shall cause the Spartan Drive Extension to
be constructed to the standards of a collector street under the City's
Subdivision Ordinance including a seventy (70) foot right-of-way and a thirty
six (36) foot pavement width with curb and gutter.
B. ALIGNMENT. The alignment of the Spartan Drive Extension shall be
approximately as set forth in Exhibits 2A and 2B. This new alignment generally
consists of a route commencing on its easternmost end at the current terminus
of Spartan Drive, then proceeding along the southwesterly boundary of the
present Elgin Community College Campus and then proceeding westerly to the
northeast corner of the Zale Parcel, then proceeding in a southwesterly
direction in an arc concave to the southeast across the Zale Parcel to a point
on the south line of the Zale Parcel approximately 350 feet east of the Randall
8
Road right of way, then across a Parcel referred to herein as the "Westfield
Parcel" lying adjacent and to the south of the Zale Parcel and terminating at an
intersection with College Green Drive to be located at the approximate current
intersection of Lancaster Circle and College Green Drive. The parties agree that
the portion of Spartan Drive Extension right of way adjacent to the ECC
Campus shall be located either on Parcel B-2 or on the present ECC Campus
property at the election of ECC. The parties acknowledge and anticipate that
changes in such alignment from the Exhibits attached hereto may be
necessitated by soil conditions, but that such alignment alterations shall be
chosen so as to accomplish to the greatest extent practical, the requirements
of Paragraphs 5 and 6 concerning Buildable acreage to be conveyed.
C. COSTS. The parties agree to share equally all costs assoniated with the
construction of the Spartan Drive Extension (herein referred to as the "Project
Costs"), including but not limited to surveying, soil testing, additional fill
required by soil conditions, engineering, construction and inspection. Services
rendered by the staff of either party shall not be a cost chargeable against this
project.
D. PAYMENT. The City shall advance all Project Costs. ECC shall reimburse
the City for one-half of such Project Costs within forty five (45) days of receipt
the City's statement of such payment with supporting documentation.
E. RIGHT-OF WAY. The portion of the Spartan Drive Extension right of way
within Parcel A and B shall be dedicated as public right-of-way by the party in
9
title thereto at the time such dedication is required to facilitate the Spartan
Drive Extension as described herein. That portion of the proposed right of way
not within Parcel A or B, not within an existing dedicated right-of-way and not
owned by ECC shall be acquired by the City through purchase or condemnation
as appropriate. It is anticipated by the parties that a portion of such proposed
right of way south of Parcel A which legal description is set forth in Exhibit 3,
may have to be so acquired. The costs for the foregoing right of way
acquisition on the Westfield Parcel shall not be a Project Cost and shall be born
solely by the City. The City further agrees, as part of the Spartan Drive
Extension Project, to cause the intersection of College Green Drive and Spartan
Drive to be designed in conformance with generally accepted traffic engineering
principles and with the standards and specification for intersection design
adopted by the City. In the event that ECC does not approve of such
intersection design, the parties hereby stipulate that such disagreement is an
engineering issue and will proceed as follows: each of the City and ECC shall
appoint a traffic engineer for purposes of selecting a mutually agreeable
"Agreed" party and such two traffic engineers shall in turn appoint an Agreed
Traffic Engineer who shall assume design responsibility for such intersection
and whose fees and costs shall be a Project Cost. The parties agree that the
decision of such Agreed Traffic Engineer concerning intersection design shall
be final.
io
F. RANDALL INTERSECTION. Improvements to the intersection of Randall
Road and the street now known as College Green Drive shall be in conformance
with generally accepted traffic engineering principles and with the standards
and specification for intersection design for the Kane County Highway
Department and as appropriate for the zoning contemplated herein. The costs
of such intersection improvements, if not born by Kane County or another
governmental agency, shall be Project Cost as defined herein and include
outside engineering and construction costs.
The City also agrees to permit ECC to construct signage on city owned property
or right of way adjacent to and visible from Randall Road for purposes of identifying
such intersection as an entry to Elgin Community College.
G. TIME OF PERFORMANCE. The Spartan Drive Extension, including
intersection improvements to Randall Road shall be initiated by December 31 ,
2000.
8. GOLF COURSE ADDITION. Because of the transfer of Parcel B-2 and A-3
to ECC on which are now located the west nine holes of the Spartan Meadows Golf
Course, the City shall build an additional golf course on a portion of a parcel east of
and adjacent to South McLean Boulevard, sometimes referred to as the "Elgin Sports
Complex Property" which larger tract bears the legal description as set forth in the
attached Exhibit 4. ECC shall reimburse the City for the periodic payments due on the
set forth in Section 9.B.
City's financial obligation , ECC REIMBURSEMENT
consideration for this undertaking, ECC shall have
OBLIGATION below. As additional
11
a right of first refusal on the property commonly known as the east nine holes of the
Spartan Meadows Golf Course in the event the City offers all or any portion of such
property for sale. Such right of first refusal shall be substantially as set forth in
Section 10 below which the City shall place of record against this parcel.
9. FINANCING. The City and ECC agree to the following specific financing
arrangements:
A. CITY REIMBURSEMENT OBLIGATION. ECC shall issue and sell evidence of
indebtedness in the amount of $2,300,000 ("ECC Indebtedness") with a term
of ten (10) years to finance the acquisition of the Zale Parcel and certain of the
costs associated with this transaction. The City agrees annually to appropriate
for such purposes as it may be permitted by law a sum which is equal in
amount to the annual payments of interest and principal due upon such ECC
Indebtedness according to its terms and make payment of such sums to ECC.
The payment of such sums shall be restricted to the purposes of the City
appropriation and ECC agrees to use such funds only for such approved
purposes. The parties agree to cooperate in establishing the public purposes
of such annual appropriations to meet the legal requirements of the City and
the needs of ECC, and which purposes may include, as an example and not a
limitation, Project Costs for the Spartan Drive Extension. The obligations of this
Section 9.A. may, by mutual agreement, be offset against the obligations of
9.B. or any other monetary obligation of the parties under this Agreement to
yield a net amount due from one party to the other.
12
B. ECC REIMBURSEMENT OBLIGATION. The City shall issue and sell
evidence of indebtedness in the amount of $2,250,000 ("City Indebtedness")
with a term of twenty (20) years to finance the acquisition of the
improvements set forth in Sections 7.E. and 8 and certain of the costs
associated with this transaction. The ECC agrees annually to appropriate for
such purposes as it may be permitted by law a sum which is equal in amount
to the annual payments of interest and principal due upon such City
Indebtedness according to its terms and make payment of such sums to the
City. The payment of such sums shall be restricted to the purposes of the
ECC appropriation and the City agrees to use such funds only for such
approved purposes. The parties agree to cooperate in establishing the public
purposes of such annual appropriations to meet the legal requirements of ECC
and the needs of the City, and which purposes may include, as an example and
not a limitation, Project Costs for the Spartan Drive Extension. The obligations
of this Section 9.B. may, by mutual agreement, be offset against the
obligations of 9.A. or any other monetary obligation of the parties under this
Agreement to yield a net amount due from one party to the other.
10. RIGHT OF FIRST REFUSAL. As additional consideration for the land
exchange provided for herein, the parties agree that in the event either party
determines in good faith to sell, exchange or otherwise transfer title to the property
any or Spartan described herein as B-1 , B-2 or the East 9 holes of S p portion
thereof, the other party shall first have the option to purchase the property or portion
13
of the property, as the case may be, for fair market value in accordance with the
following provisions:
A. Within 14 days of deciding to sell, exchange or otherwise transfer title
to the property, the transferring entity (hereinafter the "Proposed Seller") shall
provide the other entity (hereinafter the "Proposed Purchaser") with a certified
copy of the resolution or ordinance setting forth its determination. Within 30
days of service of said order or resolution, the Proposed Purchaser shall serve
written notice on the Proposed Seller either indicating that it does not desire to
purchase the property or that it desires to proceed with determining the fair
market value of the property. The failure of the Proposed Purchaser to respond
within the 30 day period shall be conclusive evidence that it does not desire to
purchase the property.
B. If the Proposed Purchaser elects to proceed with determining the fair
market value of the property by serving timely notice thereof, each party shall
select an appraiser within 14 days of service of the Proposed Purchaser's
notice. If either party fails to name an appraiser within 14 days or within such
other time as may be mutually agreed upon in writing, the other party may
select the second appraiser. The two appraisers selected shall promptly
determine the fair market value of the property. The average of the fair market
value determinations made by the two appraisers shall be final and binding,
provided, however, that if the higher determination is more than 5% greater
than the lower determination, the two appraisers shall select a third appraiser,
14
whose determination shall be conclusive evidence of the fair market value of
the property and shall be final and binding. The appraisers shall deliver a
written MAI or SRA certified report of their appraisals to each party. Each
party shall pay the fees and expenses of the appraiser selected by it, and if a
third appraiser is selected, the fees and expenses of the third appraiser shall be
paid equally by the parties.
C. Within 30 days of the determination of the fair market value of the
property, the Proposed Purchaser shall serve written notice of its decision to
either purchase or forego purchasing the property. The failure of the Proposed
Purchaser to respond within the 30 day period shall be conclusive evidence that
it does not desire to purchase the property. If the Proposed Purchaser elects
to purchase the property, the parties shall enter into a real estate purchase
contract. The closing on the sale and payment of the fair market value of the
property shall take place not later than 180 days from service of the Proposed
Purchaser's notice to elect to purchase the property.
D. The parties shall prepare a Record Memorandum of Purchase Option and
shall record said memorandum in the Office of the Recorder of Deeds of Kane
County, Illinois.
11 . JOINT COMMITTEE. The City and ECC agree to form a committee
composed of representatives of City, ECC and homeowner associations in the
area to periodicallymeet and discuss further development of ECC and use
surroundingP
of property exchanged by the City and ECC.
15
12. INDEMNIFICATION. The City acknowledges that it has entered into an
Annexation Agreement affecting some of the property which is subject to this
Agreement pursuant to its Ordinance S1-90 and granted zoning thereunder pursuant
to its Ordinance G11-90. The City agrees to hold harmless, defend and indemnify
ECC against any claims or causes of action by third parties to this Agreement directly
resulting from an alleged breach by the City of the aforementioned Annexation
Agreement.
13. NOTICES: All notices, requests, demands and other communications
hereunder shall be in writing and shall be deemed to have been duly given if delivered
personally or mailed by certified mail, postage prepaid as follows:
If to the of Elgin, to:
City of Elgin
Attn: City Manager
150 Dexter Court
Elgin, IL 60120
If to Elgin Community College, to:
President
Elgin Community College
1700 Spartan Drive
Elgin, IL 60123-7193
With a copy to:
John F. Early
Early, Collison, Tousey, Regan, Wlodek
& Morrow
2400 Big Timber Road, Suite 201A
Elgin, IL 60123
16
14. MODIFICATION: No waiver or modification of this agreement or of any
covenant, condition or limitation herein contained shall be valid unless in writing and
duly executed by the party to be charged therewith.
15. GOVERNING LAW: This Agreement shall be interpreted and governed
by the laws of the State of Illinois. The venue of this Agreement is Kane County,
Illinois, and any litigation regarding this Agreement shall be brought in said county.
16. AUTHORIZATION: This Agreement has been duly authorized by the City
of Elgin and Elgin Community College by their Mayor and City Council and Board of
Trustees, respectively. This Agreement has been entered into under any and all
applicable authority, including but not necessarily limited to, Article 7, Local
Government, Sectio l 6, Powers of Home Rule Units and Section 10,
Intergovernmental Cooperation, of the Constitution of the State of Illinois; the Illinois
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; the Illinois Municipal Code,
65 ILCS 5/1-1-1 et seq.; the Illinois Public Community College Act, 110 ILCS 805/1-1
et seq.; and, the Illinois Local Government Property Transfer Act, 50 ILCS 605/0.01
et sea..
17. BINDING EFFECT: This Agreement shall be binding on and inure to the
benefit of the respective parties and their successors and assigns, provided that this
Agreement may not be assigned except with the written consent of the other party.
17
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers and their corporate seals affixed hereto the
day and year first above written.
CITY OF ELGIN, KANE & COOK BOARD OF TRUSTEES OF COMMUNITY
COUNTIES, ILLINOIS, a municipal COLLEGE DISTRICT NO. 509, COUNTIES OF
corporation, DUPAGE, COOK, MCHENRY, DEKALB AND
KANE, STATE OF ILLINOIS, an Illinois public
By: kL, college, commonly known as ELGIN
Its City Manager ?? COMMUNITY COLL
airman
ATTEST:
By: 14I� ,a., V-ite ATTEST:
Its City Clerk
Net 41421- AI*Z By:
u I V ecr ary
Dated this 6th day of December 1995.
C:\WP51\AGREEMENTS\ECC-INT.AGR (12-06-95 Revisions)
18
EXHIBIT 1
ZALE PARCEL
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21 , TOWNSHIP 41
NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21 ; THENCE NORTH
88 DEGREES 20 MINUTES 41 SECONDS EAST, ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21 , 1327.65
FEET, TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 21 ; THENCE SOUTH 00 DEGREES 53
MINUTES 20 SECONDS EAST, ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21 , 849.19 FEET, TO A
POINT THAT IS 467.70 FEET NORTH OF THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF SECTION 2£; THENCE SOUTH 86 DEGREES 19
MINUTES 32 SECONDS WEST, 225.03 FEET; THENCE NORTH 46 DEGREES 29
MINUTES 29 SECONDS WEST, 45.18 FEET; THENCE NORTH 28 DEGREES 04
MINUTES 39 SECONDS EAST, 81 .89 FEET; THENCE NORTH 61 DEGREES 55
MINUTES 21 SECONDS WEST, 123.53 FEET; THENCE NORTH 77 DEGREES 57
MINUTES 35 SECONDS WEST, 105.78 FEET; THENCE SOUTH 79 DEGREES 47
MINUTES 13 SECONDS WEST, 178.36 FEET; THENCE SOUTH 10 DEGREES 12
MINUTES 47 SECONDS EAST, 94.28 FEET; THENCE SOUTH 78 DEGREES 50
MINUTES 12 SECONDS WEST, 11 .28 FEET, TO A POINT OF CURVATURE; THENCE
WESTERLY ON A CURVE, TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE
NORTHERLY, WITH A RADIUS OF 795.00 FEET, AN ARC DISTANCE OF 182.28
FEET, TO A POINT OF TANGENCY; THENCE NORTH 88 DEGREES 01 MINUTES 36
SECONDS WEST, 102.18 FEET, TO A POINT OF CURVATURE; THENCE WESTERLY
ON A CURVE, TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE
SOUTHERLY, WITH A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 171 .81
FEET; THENCE SOUTH 88 DEGREES 08 MINUTES 07 SECONDS WEST, 248.16
FEET, TO THE EAST LINE OF RANDALL ROAD AS DEDICATED PER DOCUMENT NO.
91 K33285; THENCE NORTH 01 DEGREES 51 MINUTES 53 SECONDS WEST, ALONG
THE EAST LINE OF SAID RANDALL ROAD, 256.15 FEET, TO A POINT OF
CURVATURE; THENCE CONTINUING ON SAID EAST LINE OF RANDALL ROAD,
NORTHERLY ON A CURVE, TANGENT TO THE LAST DESCRIBED COURSE,
CONCAVE WESTERLY WITH A RADIUS OF 1612.72 FEET, AN ARC DISTANCE OF
806.65 FEET TO A POINT OF TANGENCY; THENCE NORTH 30 DEGREES 31
MINUTES 23 SECONDS WEST, ALONG THE EAST LINE OF SAID RANDALL ROAD,
19
135.75 FEET; THENCE DEPARTING SAID EAST LINE OF RANDALL ROAD, NORTH
89 DEGREES 04 MINUTES 53 SECONDS EAST, ALONG A LINE AT RIGHT ANGLES
TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SOUTHWEST
QUARTER OF SECTION 21 , 247.82 FEET; THENCE SOUTH 00 DEGREES 55
MINUTES 07 SECONDS EAST, ALONG SAID EAST LINE OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, 305.00 FEET, TO THE
POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
20
;Yw e r. z�„ \3, :' �� ► •"`a=s ky �(: l : a a31 :.: t R Hti 3w-, a ♦ 1
w ,� t' . F ., i �> e, .,.,'t •a1( +s. icy, ♦ i ;' � x
•
`j6ipsa�n., 1y +e , I a:. Development Analysis a ! '
.}. 'gyp ,i a; t »., • a ,1 �1 yn
{. to ,a \ a,�.;la �;7. _ , .e ', ', �', j„�, wi..
`h9.a. c. x• t +& ;It s s t gi. •' ' _I
PARCEL PARCEL I ,,
s '" y �' ' A B TOTAL D�",'' .,r ti � t t` � i
i,jl
` N, °� `,k` Gross Area 57 43 100 ' '� +' � `�,
Less right-of-way 2 2 4 _ Y bi
r x
�. `,
:a2 x' "* Net Area 55 41 96 i.. ,M }
\ h' F � te s " � v 2'F � '�r.t t '$' Y
' ` ,R v " Less wetlands
a and flood plain 25 1 26 _ii �"'e " F �� 1R�>�
' 3 e :qy -P Net Buildable Area 30 40 70 ' y '�
` :q414 .> , \ P•4i .y, t``>a va,. .�} � i ter'.. ,,, ,r j,,.�, "a�^ xr Y«
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aC ra
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4 .0
af: EXHIBIT 2A
4. < 5 r
�., y t *' `, 'X 44 ",:r I..1t_t??11'73 :1 �'. l� 1 : .1 ,i \.\€' ,, �`"k z � t 4 3 ! rt , .
' "`F ,• ar �.e 'a SJ;i,�.;,., _= d-_ .` I // vly"'�.s t.9«a 3 »» • s #r
.. - I �''�`'� �` :` s. ,�. a °� q�3 s .:� k»M C. w: a. !• .t '� ra. 2:A �:.'f � .R iA�ri'a .,v •. Y i ..,. `"�' r-�
b Y, h ''v u 3 41 , M T 3'n1 '�., !tom• ,w+F +y• { h- c•+.m �.,� I,i.�....+-�
_ J
_ -�� ELGIN COMMUNITY
� ' — —� \ COLLEGE
1
I
I \
` Al B1 El rIN COMMUNITY COLLEGE s
/ EXPANSION PARCEL vQ9 ^�1
, \
/
1_43' BUILDING & PARK- B2 \\2 C 1
i ING LOT SETBACK / \\
-�C/_ \ 09 L,
i \,,,,c. ..A.,.-.- )
�
1 CFO
a I �� 95 (\ �\ BUILDABLE AREA OF SITE �� _
o\ 1
,'/!` n 0, T_ L
28 6_PA RKIN_G_LO_LSET_ _BACK__. ir ! 1 IFJELA�O - -� j j -- -- V ---
lu_____. v
_-,
I j LINE
j I — — _ — — .. 175_.BUILDING SETBACK
- -= v /f ?c/'6N, ,.' ' I �— 32' CONTROLLED ACCESS
-- n
+ _ _ /- `/ f< n 1 143' LANDSCAPE.BUFF.ER -
11
/) '2 ____..1
\,/7`,, , c =11--4 <-2 En- r---,_ fjD E'-----, C-. 3 -....
i
��MUIRFIELD CIRCLE
S.'0
73 q: ,
. ,,_\_\ 0 (
--7--------------- i % ''
� (COLLEGE-1'
COLLEGE GREEN DRIVE - SPARTAN MEADOW
��__ IF -0 it ir- GOLECOURSE
Q EXHIBIT 2B
NORTH 10/04/95
REV. 11/17/95
EXHIBIT 3
LEGAL DESCRIPTION
WESTFIELD PROPERTY
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21 , TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTH LINE OF COLLEGE GREEN DRIVE AS
RECORDED PER DOCUMENT 91K24760 AND THE EAST LINE OF RANDALL ROAD
AS DEDICATED PER DOCUMENT 91 K33285, THENCE NORTH 01 ° 51 ' 53" WEST,
ALONG THE EAST LINE OF RANDALL ROAD AFORESAID, 260.02 FEET; THENCE
NORTH 88° 08' 07" EAST, 248.16 FEET; THENCE NORTHEASTERLY 104.72 FEET
ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH WITH A RADIUS OF
250.00 FEET AND A CHORD BEARING OF NORTH 64° 35' 48" EAST TO AN
EXTENSION OF THE EAST BUILDING FACE OF THE BUILDING TO THE SOUTH;
THENCE SOUTH 08° 38' 27" WEST, 167.12 FEET TO THE NORTH FACE OF THE
BUILDING FOR THE PLACE OF BEGINNING; THENCE NORTH 81 ° 21 ' 33" WEST AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 50.94 FEET; THENCE SOUTH
08° 27' 38" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 129.69
FEET; THENCE SOUTH 81 ° 21 ' 33" EAST AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 50.94 FEET; THENCE NORTH 08° 38' 27" EAST 167.12 FEET
TO THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS.
AND
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21 , TOWNSHIP 41
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTH LINE OF COLLEGE GREEN DRIVE AS
RECORDED PER DOCUMENT 91K24760 AND THE EAST LINE OF RANDALL ROAD
AS DEDICATED PER DOCUMENT 91K33285, THENCE NORTH 01 ° 51 ' 53" WEST,
ALONG THE EAST LINE OF RANDALL ROAD AFORESAID, 260.02 FEET; THENCE
NORTH 88° 08' 07" EAST, 161 .38 FEET FOR THE PLACE OF BEGINNING; THENCE
CONTINUING NORTH 88° 08' 07" EAST, 161 .38 FEET; THENCE NORTHEASTERLY
104.72 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH WITH A
RADIUS OF 250.00 FEET AND A CHORD BEARING OF NORTH 64° 35' 48" EAST
TO AN EXTENSION OF THE EAST BUILDING FACE OF THE BUILDING TO THE
SOUTH; THENCE SOUTH 08° 38' 27" WEST, 167.12 FEET TO THE NORTH FACE
OF THE BUILDING; THENCE NORTH 81 ° 21 ' 33" WEST AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE, 50.94 FEET; THENCE SOUTH 08° 38' 27" WEST AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 129.69 FEET; THENCE SOUTH
81 ° 21 ' 33" EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 50.94
FEET; THENCE SOUTH 08° 38' 27" EAST, 35.85 FEET TO THE NORTH LINE OF
COLLEGE GREEN DRIVE; THENCE NORTHWESTERLY 123.46 FEET ALONG THE ARC
23
OF A CURVE CONCAVE TO THE SOUTH WITH A RADIUS OF 798.00 FEET AND A
CHORD BEARING OF NORTH 81 ° 45' 28" WEST TO A POINT ON A LINE 161 .38
FEET EAST OF THE SAID EAST LINE OF RANDALL ROAD; THENCE NORTH 01 ° 51'
53" WEST, 263.93 FEET TO THE PLACE OF BEGINNING, IN KANE COUNTY,
ILLINOIS.
24
J
EXHIBIT 4
LEGAL DESCRIPTION
ELGIN SPORTS COMPLEX PROPERTY
THAT PART OF SECTIONS 22, 23, 26 and 27, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 22, THENCE SOUTHERLY ALONG THE WEST LINE OF SAID
SECTION 22 FOR A DISTANCE OF 1038.80 FEET TO A POINT; THENCE WESTERLY
ALONG A LINE FORMING AN ANGLE OF 88° 11' TO THE RIGHT OF A
PROLONGATION OF THE LAST DESCRIBED COURSE FOR A DISTANCE OF 1843.60
FEET TO THE CENTER LINE OF MCLEAN BOULEVARD (STATE AID ROUTE 19);
THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, BEING A CURVE TO THE
LEFT FOR A DISTANCE OF 574.65 FEET TO A POINT; THENCE CONTINUING IN A
SOUTHWESTERLY DIRECTION ALONG SAID CENTER LINE, BEING A STRAIGHT LINE
AND TANGENT TO THE LAST DESCRIBED POINT, FOR A DISTANCE OF 404.0 FEET
TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID
CENTER LINE A DISTANCE OF 367.51 FEET; THENCE EASTERLY ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF SECTION 22 FOR A DISTANCE OF 1038.8
FEET; THENCE SOUTHERLY ALONG A LINE THAT IS PERPENDICULAR TO THE
NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 27 AND THE SOUTH LINE
OF THE SOUTHWEST QUARTER OF SECTION 22 FOR A DISTANCE OF 1620 FEET
MORE OR LESS TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF SAID SECTION 27; THENCE EASTERLY ALONG SAID SOUTH LINE OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 27 FOR A
DISTANCE OF 2293.9 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER OF
SECTION 27; THENCE NORTHERLY ALONG SAID EAST LINE OF THE NORTHEAST
QUARTER OF SECTION 27 FOR A DISTANCE OF 348.2 FEET; THENCE EASTERLY
ALONG A LINE THAT FORMS AN ANGLE OF 90° 12' TO THE RIGHT OF A
PROLONGATION OF THE LAST DESCRIBED COURSE, SAID LINE ALSO BEING THE
SOUTHERLY PROPERTY LINE OF THE ELGIN MENTAL HEALTH CENTER, FOR A
DISTANCE OF 1900 FEET MORE OR LESS; THENCE NORTHERLY ALONG A LINE
PARALLEL TO AND 740 FEET WEST OF THE EAST LINE OF THE NORTHWEST
QUARTER OF SECTION 26 OF THE SOUTHWEST QUARTER OF SECTION 23 FOR A
DISTANCE OF 1800 FEET MORE OR LESS; THENCE EASTERLY ALONG A LINE
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 23,
FOR A DISTANCE OF 740 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER
OF SECTION 23; THENCE NORTHERLY ALONG THE EAST LINE OF SAID
SOUTHWEST QUARTER OF SECTION 23 FOR A DISTANCE OF 1772 FEET MORE OR
LESS TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE U.S. ROUTE 20 BYPASS
(FEDERAL AID ROUTE 6); THENCE NORTHWESTERLY ALONG THE SOUTHERLY
RIGHT-OF-WAY LINE OF THE U.S. ROUTE 20 BYPASS FOR A DISTANCE OF 2643
FEET MORE OR LESS TO THE WEST LINE OF SECTION 23; THENCE CONTINUING
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- J
•
IN A NORTHWESTERLY DIRECTION ALONG THE SOUTHERLY RIGHT-OF-WAY LINE
OF SAID U.S. ROUTE 20 BYPASS FOR A DISTANCE OF 1329.34 FEET TO THE
WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22; THENCE SOUTH ALONG SAID WEST LINE FOR A DISTANCE OF
113.44 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN ELGIN TOWNSHIP,
KANE COUNTY, ILLINOIS, AND CONTAINING 407.44 ACRES MORE OR LESS.
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