HomeMy WebLinkAbout02-51 Resolution No. 02-51
RESOLUTION
ACCEPTING FOR MAINTENANCE THE UNDERGROUND
IMPROVEMENTS IN THE GALVIN DRIVE RIGHT OF WAY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that the City of Elgin hereby accepts for maintenance the
underground improvements, which include 2600 feet of water main and
2600 feet of sanitary sewer in the Galvin Drive right-of-way.
s/ Ed Schock
Ed Schock, Mayor
Presented: February 13 , 2002
Adopted: February 13, 2002
Omnibus Vote: Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
. 1
City of Elgin Agenda Item No.
January 18, 2002
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Interstate Partners Reimbursement - Galvin Drive
PURPOSE
The purpose of this memorandum is to provide the Mayor and the
members of the City Council with information relative to an
existing development agreement between the City of Elgin and
Interstate Partners, Inc . , the developers of Northwest Business
Park.
BACKGROUND
In November, 2000, the City Council approved a development
agreement between the City and Northwest, Llc . pertaining to
oversizing repayments for water and sewer lines at Northwest
Business Park (Galvin Drive and Route 72) . The water and sewer
lines considered by the agreement generally fall outside the limits
of the subdivision and follow the alignment of Galvin Drive . The
agreement states that the City must reimburse the costs of
oversizing both water and sewer lines within 60 days of the passage
of the resolution of accepting the improvements (reference attached
development agreement - Resolution 00-248) . A request for a
$157, 000 reimbursement by Interstate Partners has been received.
This amount represents the maximum set forth in the development
agreement .
The water and sewer lines have been properly installed and are
functioning. The Engineering Division and Water Department have
completed field inspections of the water and sewer lines, and have
determined that four minor landscape restoration type items remain
outstanding. In accordance with City ordinance, the improvements
cannot be accepted until all work is satisfactorily completed and
approved by the Engineering Division. To ensure completion of the
minor restoration items, staff will not recommend acceptance of any
remaining subdivision improvements until all punch list items are
resolved. The developer intends to have all punch list items
resolved by the beginning of July as weather allows.
Interstate Partners Reimbursement
Galvin Drive
January 18 , 2001
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
�FINANCIAL IMPACT
The total amount due Interstate Partners is $157, 000 . The water
portion ($117, 000) was budgeted from the Water portion 2001 Bond
issue and should be paid from account no. 381-4000-795 . 92-41,
project no. 339661 . The sewer portion ($40 , 000) will be paid from
. account no. 397-4200-795 . 92-41, project no. 339661 . These monies
were transferred to this project from the Tyler Creek Phase 5
ro . ct which closed last year with funds remaining of $60, 000 .
LEGAL IMPACT
None .
ALTERNATIVES
1 . Approve the reimbursement to Interstate Partners
subject to the letter of agreement submitted by
Interstate Partners agreeing to complete necessary
improvements .
2 . Table the request at this time until all necessary
improvements are completed.
RECOMMENDATION
It is recommended that the City Council approve the request for
reimbursement at this time, subject to the letter of agreement
submitted by Interstate Partners .
Respectfully submitted,
Jb c.e Q . _
JoycrA. Parker
City anager
JLB
Attachments
JC# INTERSTATE PARTNERS LLC
Chicago• Milwaukee• Minneapolis
jAN 10 2002
MEMORANDUM CITY OF ELGIN
TO: OMAR SANTOS ENGINEERING DEPT.
FROM: JASON ROSENBERG6�1
SUBJECT: GALVIN DRIVE WATER MAIN &SANITARY SEWER REIMBURSEMENT
DATE: 1110102
CC: MARK EBACHER
IN RESPONSE TO YOUR MEMO DATED JANUARY 8, 2002, INTERSTATE PARTNERS
WILL COMPLETE THE FOLLOWING ITEMS PER YOUR REQUEST: 1) REMOVE
EXCESS MATERIAL AROUND STA 2+75 TO STA 3+50 AND ADJUST THE STRUCTURE
IN THE AREA (WATER CONNECTION TO NBP 1), 2) RE-GRADE DISTURBED AREAS
TO MATCH RAISED STRUCTURES, 3) SEED AND MAINTAIN, UNTIL VEGETATION IS
ESTABLISHED AT DISTURBED AREAS ALONG GALVIN DRIVE, AND 4) INTERSTATE
PARTNERS WILL COMPLETE PRIOR TO JUNE 30, 2002.
•
•
Resolution No. 00-248
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT
WITH NORTHWEST, LLC
(Northwest Business Park)
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 a
Development Agreement on behalf of the City of Elgin with
Northwest, LLC for the development of approximately 92 acres
of land located at Route 72 and west of Galvin Drive known as
the Northwest Business Park, a copy of which is attached
hereto and made a part hereof by reference.
Ed Schock, Mayor
Presented: November 15, 2000
Adopted:
Vote: Yeas Nays
Recorded:
Attest :
Dolonna Mecum, City Clerk
DEVELOPMENT AGREEMENT
This Development Agreement is made and entered into
this day of 2000, by and between the CITY OF
ELGIN, an Illinois municipal corporation, (hereinafter
referred to as the "City") and NORTHWEST, LLC, an Illinois
Limited . Liability Company, (hereinafter referred to as
"Developer") .
WITNESSETH
WHEREAS, Developer is the Contract Purchaser and
Developer of the property its the City of Elgin located on
State Route 72 and West of Galvin Drive, consisting of
approximately 92 acres of land, such property being legally
described in Exhibit A attached hereto, (hereinafter referred
to as the "Subject Property") ; and
WHEREAS, Developer, after consultations and
negotiations with the City, has determined to proceed with the
development of the Subject Property; and
WHEREAS, Developer's proposed development of the
Subject Property will consist of an Office/Research/Industrial
Subdivision of approximately 69 acres and . open space for
stormwater management facilities of approximately 23 acres; and
WHEREAS, in order to provide for the continued
development of the City including the development of the
Subject Property and the ongoing development of the Randall
Road corridor the City has agreed to provide certain
development assistance; and
• r
WHEREAS, the development of the Subject Property
will result in a substantial increase in the City's tax
revenues and an increase in tax revenues to other local taxing
districts; and
WHEREAS, the development of the Subject Property
will result in substantial new employment opportunities in the
City; and
WHEREAS, the City of Elgin is a home rule unit
authorized to exercise any power and perform any function
relating to its government and affairs; and
WHEREAS, the economic development initiatives to be
provided by the City which will encourage the development of
the Subject Property and which will result in substantial
increases in the City's tax base and employment opportunities
within the City of Elgin are matters within the government and
affairs of the City of .Elgin.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings contained herein, and other
good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereto agree as
follows :
1 . That the foregoing recitals are incorporated
into this agreement in their entirety.
2 . That Developer shall develop the Subject
Property as the Northwest Business Park in accordance with the
final plat of subdivision and final engineering plans for 'the
-2-
torthwest Business Park as approved by the City (hereinafter
referred to as the "Northwest Business Park Development") .
It is understood and agreed' that the Northwest Business Park
Development when completed shall consist of approximately 1 .2
million square feet of completed Office/Research/Industrial
Buildings .
3 . That in consideration - of Developer' s undertaking
and completing the development of the Subject Property with
the Northwest Business Park Development as provided herein the
City agrees to . provide the economic development assistance to
Developer as follows :
A. Upon the execution of this Agreement the City
agrees to convey to the Developer by quit claim deed the
parcel of land legally described on Exhibit B attached hereto
and depicted on Exhibit C attached hereto.
B. The City is requiring the Developer as part of
the Northwest Business Park Development to extend a 12-inch
municipal water line from its current location ("Point All on
Exhibit D attached hereto) within the easement granted for
such purpose along the east boundary of Galvin Drive to a
point no less than 10 feet south of the south right-of-way
line of Illinois Route 72 ("Point B" on Exhibit D attached
hereto) , such waterman extension being hereinafter referred to
as the "West Pressure Zone Water Main Extension" . The
Developer shall commence and complete construction of such
West Pressure Zone Water Main Extension on or before
-3-
Jeptember 30, 20QI and in accordance with the final .
engineering plans for same as approved by the City. At such
time as the Developer has completed construction of, and the
City has accepted for public ownership and maintenance, the
West Pressure Zone Water Main Extension, the City agrees to
reimburse Developer, within sixty (60) days after the adoption
by the City of the ' Resolution of acceptance thereof, the
lesser amount of (a) the actual cost of construction of the
West Pressure Zone Water Main Extension, including but not
limited . to (i) expenditures for actual - cons.truction, (ii)
surveying and engineering fees, (iii) legal fees, and (iv)
interest on Developer' s expenditures for such costs and
expenditures computed from the date of each such disbursement
at a rate equal to the federal reserve prime rate of interest
as published in the Wall Street Journal, rate changing on the
first day of each following month, and (b) One Hundred
Seventeen Thousand Dollars ($117, 000)
C. The City is requiring the Developer as part of
the Northwest Business Park Development to extend a 10-inch
sanitary sewer line from a beginning location ( "Point C" on
Exhibit D attached hereto) within the easement granted for
such purpose along with west boundary of Galvin Drive to a
point not less than 10 feet south of the south right-of-way
line of Illinois Route 72 ("Point D" on Exhibit D attached
hereto) such sanitary sewer extension being hereinafter
referred to as the "Sanitary Sewer Extension" . The Developer
-4-
hall complete the construction of the Sanitary Sower
Extension on or before September 30, 2001 and in accordance
with the final engineering plans for same as approved by the
City. At such time as the Developer has completed the
construction of, and the City has accepted for public
ownership and maintenance, the Sanitary Sewer Extension, the
City agrees to reimburse Developer, within sixty (60) days
after the adoption by the City -of the resolution of acceptance
thereof, the lesser amount of (a) the actual cost of
construction of the Sanitary Sewer Line Extension, including
but not limited to (i) expenditures for actual construction
(ii) surveying and engineering fees, (iii) legal fees, and
(iv) interest on Developer' s expenditures for such costs and
expenditures computed from the date of each such disbursement
at a rate equal to the federal reserve prime rate of interest
as published in the Wall Street Journal, rate changing on the
first day of each following month, and (b) Forty Thousand
Dollars ($40, 000) .
4. That the parties understand and agree that the
'economic development assistance being provided by the City to
the Developer. as set forth herein is expressly contingent upon
Developer' s development of the Northwest Business Park
Development on the Subject Project as set forth herein. In
the event Developer has failed to complete the development of
the Subject Property with the Northwest Business Park
Development including the construction of approximately 1 .2
-5-
illion square feet of completed. Office/Research/Industrial
buildings on the Subject Property on or before December 31,
2020, the parties understand and agree that Developer shall
reimburse the City in full any funds paid to the Developer as
provided for in the preceding paragraphs 3B and 3C hereof .
5 . That this agreement shall not be deemed or
construed to create an employment, joint venture, partnership,
or other,agency relationship between the parties hereto.
6 . That all notices or other communications
hereunder shall be made in writing and shall be deemed given
if personally delivered, sent by overnight courier or mailed
by registered or certified mail, return receipt requested, to
the parties at the following addresses, or at such other
addresses for a party as shall be specified by like notice,
and - shall be deemed received on the date which said notice is
hand delivered or the second business day following the date
on which so mailed:
TO THE CITY: City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Attn: City Manager
TO THE DEVELOPER: Northwest, LLC
1847 Walden Office Square, Suite 350
Schaumburg, IL 60074
7 . That the failure by a party to enforce any
provision of this agreement against the other party shall not
be deemed a waiver of the right to do so thereafter.
-6-
8 . That this agreement may be modified or amended
only in writing signed by both parties hereto, or their
permitted successors or assigns, as the case may be.,
9 . That this agreement contains the entire
agreement and understanding of the parties hereto with respect
to the subject, matter as set forth herein, all prior
agreements and understandings having been merged herein and
extinguiphed hereby.
10 . That this agreement is and shall be deemed and
construed to be a joint and collective work product of the
City and Developer and, as such, this agreement shall not be
construed against the other party, as the otherwise purported
drafter of same, by any court of competent jurisdiction in
order to resolve any inconsistency, ambiguity, vagueness or
conflict, if any, in the terms or provisions contained herein.
11 . That this - agreement is subject to and shall be
governed by the laws of the State of Illinois. Venue for the
resolution of any disputes or the enforcement of any rights
pursuant to this agreement shall be in the Circuit Court of
Kane County, Illinois .
12 . That this agreement shall be binding on the
parties hereto and their respective successors and permitted
assigns . This agreement and the obligations herein may not be
assigned without the express written consent of each of the
parties hereto which consent may be withheld at the • sole
discretion of either of the parties hereto.
-7-
IN WITNESS WHEREOF, the parties have entered into and
executed this Agreement on the date and year first written
above.
CITY OF ELGIN, a municipal NORTHWEST, LLC, an Illinois
corporation. Limited Liability Company
By By
Ed .Schock, Mayor Mark Ebacher
President of Interstate
Partners, LLC, Manager
Attest :
Dolonna Mecum, City Clerk
RAGREE/NWBUSI .DA
11/3/00
_g_
LEGAL ISCRIPTIQN
PARCEL. 1
THE EAST 1/2 OF THE SOVTMST 1/4 EXCEPT THE SOUTH 10 CHAINS) MND THE EAST 1/2
OF THE WEST 1/2 OF THE SOUTHWEST 1/4 (EXCEPT ZHC SOUTH 10 CHAIN5� L 1N SECTION
19, TOWNSHIP 42 NORTH, RAZi,Z 8 EAST OF THE THIRD PRINCIPAL MERIOIAN,AL EXCEPT
TMEREFROM THE PARTS CONVEYED BY DEED RECORM WAY 19, 199♦ AS DocuwENr 94K041618
AND BY DEED RECORDED SEPTEWBER 4, 1997 AS DOMWENT 97KO58996) IN THE TOIMNSHIP OF
DUNDEE, KANE COUNTY, ILLINOIS.
PARCEL 2
THAT PART OF THESOUTHWEST QUARTER OF SECTION 19, TOWNSHIP
42 NC#lTH, RANGE a FIST OF THE THIRD PRINCIPAL WERIDIAN,
DESCRIBED AS FOLLOWS; COM ENCING AT THE NORTW*EST CORNER OF
SAID SOUTHWEST QUARTER; THENCE SOUTH 09'11 '59" EAST, ALONG
THE NORTH L I NE OF SAID SOUTI'9WST QUARTER, A D I STANCE OF
1761.17 FEET FOR THE POINT OF SEOINNINa; THENCE CONTINUIND
SOUTH 89'11'59' EAST ALONG SAID NORTH LINE, 208.0 FEET;
THENCE , SOUTH 00'48'01" KST, 379.13 FEET; THENCE NORTH
WEST P AR'ALLEL. WITH T14E NORTH LINE OF SAID
SOUTNM'6ST QUARTER, A DISTANCE OF 208.0 FEET; THENCE NORTH
00'48'01" EAST, 379.13 FEET TO THE POINT CF BEGINNING, IN
Dt1NDEE TOWNSHIP, KANE COUNTY,. ILLINOIS,
EXHIBIT.,.
LAND FOR NORTHWEST BUSINESS PARK FROM THE CITY OF ELGIN
LEGAL DESCRIPTION
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42
NORTH,RANQfl 8 EAST Of THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
CO LW�NCING AT THE NORTHWEST CORNER OF THE SOUTHWEST
QUARTER OF SAID SECTION 19;THENCE NORTH 88°33'19" EAST ALONG THE
NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2652.73 FEET
TO THE NORTHWAST CORNER OF LANDS CONVEYED TO THE STATE OF
II.LINOIS DEPARTMENT OF TRANSPORTATION AS II.LINOIS ROUTE 72 AS
DEDICATED BY DOCUMENT NUMBER. 97KO53M ALSO BEING THE
NORTrIEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH
01'2733" EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER, A
DISTANCE OF 30.47 FEET TO THB POINT OF BEGINNING, THENCE NORTH
88°22'20" LkST, A DISTANCE OF 142.36 I,= TO A POINT ON A LINE 30.00
FEET WESTERLY OF AND PARALLEL WITH THE EAST LINE OF LANDS
CONvEYBD TO THE CTrY OF ELOL`I BY DOCUMENT NI.M ER %K081139;
THENCE ALONG SAID PARALLEL LINE FOR THE FOLLOWING FOUR (4)
COURSES; (1) Tj-M4CB SOUTH 01-37'56" FAST, A DISTANCE OF 156.31 FEET
TO A POINT OF CURVXTURE; (2) THENCE SOUTHERLY ALONG A CURVE
CONCAVE WESTERLY HAVING A RADIUS OF 767.50 FEBT WITH AN ARC
LENGTH OF 266.46 F1ll�T TO A POINT OF TANGENCY; (3) THENCE SOUTH
18°15'55" WEST. A DISTANCE 01, 185.20 FEET TO A POINT ON A NON-
TANGENT CURVE; (4) THENCE SOUTHERLY ALONG A CURVE CONCAVE
EASTERLY HAVING A RADLI-S OF 840.00 FEET WITH A CHORD BEARINGS OF
SOUTH 13"39'26"WEST AND AN ARC LENGTH OF 135.60 FEET TO A POINT ON
THE EAST LISE OF SAID SOUTHWEST QUARTER;THENCE NORTH 01°2733"
WEST ALONG SAID EAST LINE,A DISTANCE OF 681.20 FEET TO THE POINT
OF BEGINNING, CONTAINING 1.593 ACRES OF LAND MORE OR LESS,ALL IN
KANE COUNTY,ILIINOIS.
F:ADLk2466.00\5WLOL LOT 63 NwaP,DOC& ans
1 1 W l�12�G`0
EXHIBIT 3
v
Y+
co
o.
Jill
5
r
3
AYM b1
t
La
r
.- its
Ul
PRELIMINARY T .p..,Of No.r+a(=P� )
Is
rwr !ar cowtwc`_--_ if!-ir6 ii�aL1'i-'li•_;✓. ..—.:.� ( "�w%"vi•ys.• -,�cy. L: '�Yo �_ �.��, ...w.Y"" t
..�-.- ;...•f.--.-_-.... -J-ZI—'� 1 -'•y, -- jr7 9 .0 y 9 7r •`64
f.yp
III:� Ir
( ..nrn•.• t � �( r t�
M U N 47 .l .l 50 Y H !! !. >J !. it !/ M /a
PCF ZONWG 1 /7
POINT C
`g q PORT 2GNINc fl+ I 1
( ) I tccctcttt ) ,
'��71�)'"�'l��.'."•ms: y +1 r.laA'A• ' - t. I +1 L :
y: •'`._.'Lug` PCF ZONING 1� 1�• t :a :.'.''.
.....ram..—.... s WNW,r im1.lY
COWNET DUDMUND9011 LEDER,LTD. XtYI>t1ONf «mAn we _i!la.aa va+
Zoo PANT( rovurAno _ NORTHWEST BUSINESS PARK �'�
I7ASCA.1LUNGI3 40I/7 — PRELIMINARY PLAT
l'wIsuLTING LNGINL'Lx5 Ian):eo-asus = — ELf3iN,ILlIN019
m
H
17.1
e-r
H
C7