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HomeMy WebLinkAbout20-151 Resolution No. 20-151 RESOLUTION AUTHORIZING ACCEPTANCE OF STORMWATER DRAINAGE IMPROVEMENTS AT 2038 CLEARWATER WAY, ELGIN, ILLINOIS 60123 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts for ownership and maintenance stormwater drainage improvements at 2038 Clearwater Way, Elgin, Illinois 60123. Acceptance of the stormwater drainage improvements will add the following city maintained facilities: dual 4'x 4' inlet box with a 3' x 3' high capacity grate, 92 linear feet of 29" x 45" reinforced concrete elliptical pipe, and a 29" x 45" reinforced concrete elliptical flared end section; and, all their collective appurtenances to the City maintained facilities. s/David J. Kaptain David J. Kaptain, Mayor Presented: : November 18, 2020 Adopted: : November 18, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into this � day of November, 2020, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City") and Howard Meyers and Monica Meyers (hereinafter collectively referred to as the "Developer"). WHEREAS, the Developer is the owner and developer of the property commonly known as 2038 Clearwater Way, Elgin, Kane County, Illinois 60123 (hereinafter referred to as the "Subject Property"); and WHEREAS, the Subject Property consisted of a vacant residential lot within the Valley Creek Subdivision, which abuts to Tyler Creek; and WHEREAS, the Developer proposed and has constructed a new single-family residence on the Subject Property; and WHEREAS, in connection with the construction of the new single-family residence on the Subject Property, the City required certain additional drainage improvements be constructed along the northerly portion of the Subject Property from Clearwater Way to Tyler Creek, to ensure continued appropriate stormwater drainage from areas in the subdivision to Tyler Creek; and WHEREAS, to accommodate such stormwater drainage to Tyler Creek the Developer constructed and installed on behalf of the City a drainage pipe, structures and appurtenances related thereto in an existing City easement along the northern portion of the Subject Property from Clearwater Way to Tyler Creek (hereinafter referred to as the "Subject Stormwater Drainage Improvements"); and WHEREAS, the Subject Stormwater Drainage Improvements consists of dual 4' x 4' inlet box with a 3' x 3' high capacity grate, 92 linear feet of 29" x 45" reinforced concrete elliptical pipe, and a 29" x 45" reinforced concrete elliptical flared end section, and all their collective appurtenances thereto; and WHEREAS, the City and the Developer desire to enter into this Agreement to provide for compensation to the Developer for the Subject Stormwater Drainage Improvements and for the dedication and conveyance of the Subject Stormwater Drainage Improvements from the Developer to the City. NOW, THEREFORE, for and in consideration of the mutual undertakings set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Developer hereby agree as follows: 1. The foregoing recitals are hereby incorporated into this Agreement as if fully restated herein. 2. The City agrees to pay the Developer within thirty (30) days of the entry into this Agreement the total amount of Nineteen Thousand Eight Hundred Forty -Five Dollars ($19,845.00), as full and final payment in compensation for all claims, costs and expenses arising out of or relating to the Subject Stormwater Drainage Improvements and the conveyance and dedication thereto to the City. 3. The Developer hereby conveys and dedicates to the City all rights, title and interest in and to the Subject Stormwater Drainage Improvements and the City hereby agrees to accept same for future ownership and maintenance. 4. The Developer does hereby on behalf of themselves and their respective agents, personal representatives, successors and assigns, including, but not limited to, successor owners of the Subject Property, unconditionally, fully and finally release, acquit and discharge the City of Elgin and the City of Elgin's current and former elected or appointed officials, officers, employees, agents, attorneys, insurers, assigns, and contractors, from any and all actions, claims, causes of action, demands, expenses, costs or damages whatsoever, of whatever kind or nature, whether known or unknown, that now exists or which may hereinafter occur or accrue in any way relating to or arising out of the Subject Stormwater Drainage Improvements, including, but not limited to, any costs and expenses incurred by the Developer in connection with design and construction of the Subject Stormwater Drainage Improvements, whether in tort, contract, or any other theory, ground, or basis for recovery in law or equity. The Developer agrees that this is a full and final release of all claims described herein and shall apply to all known and unknown and anticipated and unanticipated injuries and damages, whether in the past or future, arising out of or relating to the claims described herein. 5. Developer hereby warrants and represents to the City that any and all contractors, subcontractors, materialmen, suppliers, consultants, agents, employees or representatives who have completed work, performed services and/or provided materials and/or supplies for the Subject Stormwater Drainage Improvements have been paid in full pursuant to each respective contract for work completed to date. Developer hereby agrees to and shall indemnify, and defend and hold harmless the City of Elgin, and its current and former elected and appointed officers, officials, agents, employees, attorneys and representatives, and their respective successors and assigns, of and from all actions, liens, claims, demands, damages, debts, losses, liabilities and indebtedness, either at law or in equity caused by Developer, including, but not limited to, reasonable attorneys fees and court costs, by any reason of any matter, whatsoever arising out of or relating to the Developer's nonpayment of any amounts due to the Developer's contractors, subcontractors, materialmen, suppliers, consultants, agents, employees or representatives, for work completed or services performed and/or materials and/or supplies being furnished on behalf of Developer for the design, construction and installation of the Subject Stormwater Drainage Improvements up to the date of this Agreement. 6. The Developer and the City agree and acknowledge that this Agreement shall be binding on and inure to the benefit to each other as well as their past and present employees, agents, FA representatives, attorneys, insurers, sureties, successors and assigns, including but not limited to, successor owners of the Subject Property. 7. The modification of waiver of any provision of this Agreement shall not be effective unless the modification or waiver is in writing and fully executed by the Developer and the City. Moreover, any such modification of waiver shall only be effective for a specific .purpose and not otherwise impact this Agreement. This Agreement shall be construed in accordance with and governed by the laws of the State of Illinois. This Agreement has been drafted after a thorough bargaining and negotiation between the Developer and the City, each of which have been independently represented. Accordingly, this Agreement's language is the product of the City's and the Developer's mutual effort, and therefore shall not be construed against any one of the parties hereto as the drafter. 10. The Developer and the City acknowledge that the terms of this Agreement are contractual and not merely recitals. 11. The Developer and the City state that this Agreement contains the entire Agreement between them as to the claims described herein, and there are no other oral, written, express or implied promises, representations, or inducements not specified herein. 12. The Developer and the City represent that the individuals executing this Agreement on their behalf are all duly authorized and empowered to do so. 13. The Developer and the City may execute this Agreement in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same executed document and agreement. 14. If any terms or provisions of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, be held invalid and/or unenforceable by a court of competent jurisdiction, the remainder of this Agreement, or the application of such term or provision to persons, entities or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. s 15. This Agreement may be executed and transmitted by facsimile or electronic mail, and each such transmission shall be deemed to have the same force and effect as the original. 3 V IN Wrl*NESS WHERE -OF, the Developer and the City have entered into and executed this Agreement as of the dates written below. CITY OF ELGLN Richard G. Kozal, City M_ anager Dated: November - 10 2020 ATTT-,ST: City Clerk Dated: November 10". 2020 HOWARD MEYERS AND MONICA MEYERS By, H#TvArdMeyers ' I Dated., November __, -70 _p. 20 Dated: November A 2020