HomeMy WebLinkAbout21-106 Resolution No. 21-106
RESOLUTION
AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT
FOR THE PURCHASE OF 300 BROOK STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby
authorized and directed to execute a real estate contract on behalf of the City of Elgin with Seigle
Investments, LLC-300 Brook Series, for the purchase of the property commonly known as 300
Brook Street for$129,075,a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 28, 2021
Adopted: July 28, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Y
REAL ESTATE SALE CONTRACT
1. Agreement to Purchase: Purchase Price: Earnest Money.
(a) The City of Elgin, Illinois, an Illinois municipal corporation ("Purchaser") agrees
to purchase at a price of One Hundred Twenty-Nine Thousand and Seventy-Five Dollars
($129,075) ("Purchase Price"), on the terms set forth herein, certain real estate and all
improvements thereon and appurtenances thereto, such real estate consisting of the property
commonly known as 300 Brook Street, Elgin, Kane County, Illinois 60120, Permanent Index
Numbers 06-14-232-001, 06-14-232-002, 06-14-233-004, and 06-14-233-005, the legal
description thereof being set forth on Exhibit A attached hereto and incorporated herein by this
reference (such real estate, all improvements thereon and appurtenances thereto are hereinafter
collectively referred to as the"Real Estate").
(b) Purchase agrees to pay the sum of Twenty-five Thousand Dollars ($25,000.00) as
earnest money("Earnest Money")upon the execution hereof which shall be applied on the Purchase
Price at the Closing, as hereinafter defined. The balance of the Purchase Price, plus or minus
proration, shall be paid by Purchaser to Seller at the Closing via wire transfer of immediately
available Unites State currency. The Earnest Money shall be held by Chicago Title Insurance
Company(hereafter called "CTIC" or the"Title Insurer")under the terms of CTIC's standard strict
joint order escrow for the benefit of the parties. The Earnest Money shall be deposited by Purchaser
on or before 5:00 PM central time on the 3rd business day following the Acceptance Date of this
Agreement(as hereafter defined).
2. Agreement to Sell. Seigle Investments, LLC-300 Brook Series an Illinois limited
liability company, ("Seller") agrees to sell the Real Estate described above at the price and terms
set forth herein, and to convey or cause to be conveyed to Purchaser title thereto by a recordable
special warranty deed("Deed"), and subject only to (i) exceptions A(2021 and subsequent years
only), J (2021 and subsequent years only); K (2021 and subsequent years only); L (2021 and
subsequent years only); and F(a copy of which NFR Letter is attached hereto as Exhibit B), each
as set forth on Schedule B, Part II of Chicago Title Insurance Company Commitment number
20NW7143280EL dated December 14, 2020, a redacted copy of which has been provided to the
Purchaser, and(ii)matters suffered or created by the Purchaser
3. Payment Structure. At the Closing, Purchaser shall pay the total Purchase Price, ,
(including the Earnest Money), plus or minus proration, via wire transfer through the closing
escrow as defined in Section 16 below.
4. Survey. Not less than ten(10)days prior to the Closing, Seller, at its own expense,
agrees to furnish Purchaser a plat of survey of the Real Estate dated within six (6) months of the
Closing, made, and so certified by the surveyor to Seller, Purchaser (or other persons with an
intended immediate beneficial interest in the Real Estate as designated by Purchaser),and the Title
Company as having been made in accordance with the Minimum Standard Detail Requirements
for ALTA/NSPS land Title Surveys and Mapping,2016,including items 1 through 4,7(a),7(b)(1).
8, 11, 17, 17, 18 and 20 ($1 million) in Table A thereof with accuracy standards appropriate to
suburban settings and for Purchaser's intended parking lot use of the Real Estate. The survey shall
also include a certification by the surveyor(i)as to the square footage of the Real Estate(excluding
any portion thereof lying in a public right-of-way) and(ii) that the Real Estate is not located in a
flood plain,wetland or special flood hazard zone. Such survey shall further indicate all applicable
easements and rights of way.
5. Closing. The time of Closing("Closing" or"Closing Date") shall be on or before
August 31, 2021,or such other date as may hereafter be agreed to by the parties,or on the date, if
any,to which such time is extended by reason of Section 8 hereafter becoming operative. Unless
subsequently mutually agreed otherwise, Closing shall take place at the office of the Escrowee(as
hereinafter defined),provided title is shown to be good or is accepted by Purchaser. The Closing
shall be conducted as set forth in Section 16 below.
6. Commissions. Other than Ken Franzese of Lee & Associates ("Seller's Broker"),
Seller and Purchaser each warrant to the other that they have dealt with no real estate broker in
connection with this transaction. Seller shall pay any commission due the Seller's Broker at and
contingent upon the Closing. Each party agrees to indemnify,hold harmless and defend the other
party from any loss, costs, damages or expense (including reasonable attorney's fees) arising out
of a breach of the warranty contained in this Section 6.
7. Title. Seller shall deliver or cause to be delivered to Purchaser or Purchaser's agent,
not less than ten(10)days prior to the Closing,at Seller's expense,a title commitment for an ALTA
owner's title insurance policy issued by Chicago Title Insurance Company (the "Title Company"
or"CTIC") ) in the amount of the Purchase Price and including extended coverage over the so-
called "general exceptions" to the Policy, covering title to the Real Estate on or after the date
hereof, showing title in the intended grantor subject only to (a) the title exceptions set forth in
Section 2 above, (b) title exceptions pertaining to liens or encumbrances of a definite or
ascertainable amount which may be removed by the payment of money at the time of Closing and
which the Seller shall so remove at that time by using the funds to be paid upon the delivery of the
Deed, (c) acts of Purchaser and all parties acting through or for Purchaser and (d) zoning laws,
statutes and ordinances. At Closing, Seller also shall furnish Purchaser an affidavit of title in
customary form covering the date of Closing and showing title in Seller subject only to the
Permitted Exceptions.
8. Title Clearance.
(a) Subject to Section 8(b) below, if the title commitment or plat of survey discloses
either unpermitted exceptions or survey matters that render the title not in conformance with the
provisions of this contract (herein collectively referred to as "Title Defects"), Purchaser shall
notify Seller (a "Title Defect Notice"), and thereafter Seller shall have thirty (30) days from the
date of delivery of such Title Defect Notice within which to either (i) have the Title Defects
removed from the commitment or,if Purchaser so approved in writing,to have the Title Company
commit to insure against loss or damage that may be occasioned by such Title Defects, and, in
such event, the time of Closing shall be twenty (20) days after the delivery of the revised title
commitment or the time expressly specified in Section 5 hereof,whichever is later,or(ii)to notify
Purchaser in writing (a"Title Cure Notice")that Seller is unwilling or unable to do so. If Seller,
in its Title Cure Notice,declines to remove(or cause to be insured over in a manner acceptable to
the Purchaser) any Title Defect that is not a Monetary Title Defect (as hereafter defined), then
Purchaser may,as its only remedies,elect upon notice to Seller to either(a) terminate this contract
and receive a full refund of the Earnest Money, after which neither party shall have any further
obligations to the other hereunder (except for those which are expressly stated herein to survive
the termination of this Contract, or(b) take title as it then is with nor deduction or right of offset
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against the Purchase Price, and with such unresolved Title Defects thereupon being deemed to be
Permitted Exceptions. If Purchaser does not so elect within ten(10)days of its receipt of Seller's
Title Cure Notice, then this contract shall become null and void without further actions of the
parties.
(b) Notwithstanding the provisions of Section 8(a) above, Seller shall be obligated to
cause to be released as of the Closing all Title Defects, if any,that are liens or encumbrances of a
definite or ascertainable amount(a"Monetary Title Defect"), and failing to do so,Purchaser shall
have the right to apply such portion of the Purchase Price as may be required to bring about the
release of any such Monetary Title Defect.
9. Proration. General taxes shall be adjusted ratably as of the time of Closing. If the
amount of the current general taxes is not then ascertainable, the adjustment thereof, except for
that amount which may accrue by reason of new improvements, shall be on the basis of 102.5%
of the amount of the most recent ascertainable taxes, and such prorations shall be final. This
transaction is exempt from State of Illinois and Kane County transfer taxes. Seller shall comply
with the requirements of the City of Elgin's local real estate transfer ordinance.
10. Seller Warranties: Seller represents and warrants to Purchaser as follows:
(a) Seller is not a"foreign person"within the meaning of Section 1445 of the Internal
Revenue Code. At closing, Seller shall deliver to Purchaser a certificate of non-
foreign status.
(b) There are no existing leases affecting the Real Estate.
(c) There are no existing contracts or options to purchase the Real Estate.
(d) There exists no management agreement, exclusive brokerage agreement or service
agreement of any kind relative to the Real Estate that will continue in force beyond
the Closing Date.
(e) As of the Closing Date,the Real Estate will be vacant and unoccupied.
(f) Seller has received no notice asserting the existence on the Real Estate of, and has
not done anything to create on the Real estate a Recognized Environmental
Condition(as deemed in Section 1.1.1 of the ASTM E1527 - 05 Standard Practice
for Environmental Site Assessments: Phase I Environmental Site Assessment
Process).
(h) To Seller's actual knowledge,(without investigation or inquiry), the Real Estate
has never been used as a dump for waste material.
If, prior to the Closing Purchaser determines or is advised in writing that any of Seller's
representation and warranties in this Section 10 is not correct in all material respects (such
inaccuracy being hereinafter called a"Known Inaccuracy" and the date as of which Purchaser learns
of same being hereinafter called the "Inaccuracy Date"), Purchaser may, as its sole and exclusive
remedy,either: (i)terminate this Agreement by written notice to Seller given prior to the Closing,in
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which event the Earnest Money shall be returned to Purchaser, and neither party shall have any
fiurther rights, liability or obligations to the other hereunder except as provided in Section 9(g), or
(ii) waive such Known Inaccuracy by written notice to Seller given on or before the aforesaid
deadline for Purchaser's election to terminate as specified in the preceding clause(i)and proceed to
Closing. If Purchaser fails to elect to terminate this Agreement by reason of any Known Inaccuracy
within the time and in the manner provided in this Section,then Purchaser shall be deemed to have
elected to waive such Known Inaccuracy, Seller shall have no liability to Purchaser with respect
thereto,and the obligation of Purchaser to proceed to Closing hereunder shall not be affected thereby.
11. Condition of the Real Estate at Closing. Except as provided in Section 27 hereof
regarding the demolition of existing improvements on the Real Estate, Seller agrees and shall
deliver to Purchaser at Closing possession of the Real Estate in the same condition as it is at the
date of this contract,ordinary wear and tear excepted. Seller at its cost shall prior to closing remove
from the Real Estate hereof all vehicles,equipment,debris and Seller's personal property and shall
deliver the Real Estate to the Purchase in broom clean condition.
12. Survival. All representations as set forth in Section 10 above shall be deemed
remade as of the date of Closing and shall survive the Closing for a period of three hundred sixty-
five(365)days,after which they shall be deemed to be of no force or effect.
13. Closing Documents. In addition to the Deed,affidavit of title,transfer declarations
and other documents described in this contract, Seller shall deliver or cause to be delivered to
Purchaser at Closing the following:
(a) an ALTA statement signed by Seller;
(b) waivers of or insurance over broker's lien claims by all real estate brokers involved
in the transaction contemplated by this contract;
(c) a title policy or marked-up commitment in the amount of the Purchase Price,dated
on the Closing Date, insuring title in Purchaser or Purchaser's nominee, in the
condition required under Section 7;
(d) a Plat Act Affidavit, if applicable.
14. Default. Seller and Purchaser agree that, in the event of a default by either party
the other party shall,prior to taking any such action as may be available to it,provide written notice
to the defaulting party stating that they are giving the defaulted party thirty(30)days within which
to cure such default. If the default shall not be cured within the thirty (30) days prior aforesaid,
the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled
under this contract.
15. Remedies.
(a) If this Agreement is breached by the Purchaser,then Seller shall have the right,at its
election, and as its sole remedy to declare this Agreement null and void, and to retain the Earnest
Money as liquidated damages.
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(b) Subject to the provisions and limitations of Section 15(d), if this Agreement is
breached by Seller,then Purchaser shall have the right,at its election,and as its sole remedy,to either
(i) declare this Agreement null and void, whereupon all Earnest Money shall be refunded to
Purchaser,or(ii)seek specific enforcement of this Agreement as against the Seller.
(c) If this Agreement is terminated other than by reason of the breach hereof by either
party,then all Earnest Money shall be refunded to Purchaser.
(d) If Purchaser closes with respect to the Real Estate after being notified in writing or
otherwise having actual knowledge of the breach or inaccuracy of any representation or warranty of
the Seller made in Section 10 hereunder with respect to the Real Estate, then unless the parties shall
have thereafter entered into a written agreement otherwise dealing with such breach or default,
Purchaser shall be conclusively deemed to have waived such matter and shall be barred from
asserting any claim for damages or other legal or equitable relief with respect thereto.
16. Escrow Closing. This sale shall be closed through an escrow (the "Escrow")with
Chicago Title and Trust Company ("Escrowee"), in accordance with the provisions of the Deed
and Money Escrow Agreement then in use by Escrowee, with such special provisions inserted in
the escrow agreement as may be required to conform with this contract. Upon the creation of such
Escrow,payment of the Purchase Price and delivery of the Deed shall be made through the Escrow
and the earnest money shall be deposited in the Escrow. The cost of the Escrow and any so-called
"New York Style" closing fee shall be divided equally between Seller and Purchaser. Purchaser
and Seller shall make all deposits into the escrow in a timely manner to permit the Escrowee to
disburse the Escrow on the Closing Date.
17. Time. Time is of the essence of this contract.
18. Manner of Payment. Any payments herein required to be made at the time of
Closing shall be by wire transfer.
19. Notices. All notices herein required shall be in writing and shall be served on the
parties at the following addresses:
If to Purchaser: City of Elgin
Attn: Richard G. Kozal, City Manager
150 Dexter Court
Elgin, IL 60120
Email: kozal rAcityofel ig n.org
With copy to: William A. Cogley,Esq.
Corporation Counsel, City of Elgin
150 Dexter Court
Elgin,IL 60120
Email: Cogley wAcityofel ig n org
If to Seller: Seigle Investments,LLC -300 Brook Series
Attn: Harry J. Seigle
1621 N Clybourn Ave
5
Chicago, IL 60614
Email: harrys@elginco.com
with a copy to: Peter C. Bazos,Esq.
Bazos,Freeman, Schuster&Pope, LLC
1250 Larkin Avenue, Suite 100
Elgin,Illinois 60123
Email: pbazosAbazosfreeman.com and
simultaneously to Nancv(&bazosfreeman.com
Any such notices may be sent by (a) certified mail, return receipt requested, in which case notice
shall be deemed delivered on the date of deposit,postage prepaid in the U.S.mail or(b)a nationally
recognized overnight courier,in which case notice shall be deemed delivered on the date of deposit
with such courier or(c)by email transmission to the parties at the email addresses set forth above,
in which case notice shall be deemed delivered upon electronic between the hours of 8 AM and 5
PM Chicago time on a business day, and otherwise on the fast business day after the date of such
transmission,or(d)by personal delivery. The above addresses and email addresses may be changed
by notice to the other party;provided that no notice of a change of address or email address shall be
effective until actual receipt of such notice. Notice on behalf of any party may be given by such
party or its counsel to the other party and/or its counsel.
20. Interpretation. This contract shall be construed, and the rights and obligations of
Seller and Purchaser hereunder, shall be determined in accordance with the laws of the State of
Illinois without reference to its conflict of laws rules.
21. Failure to Enforce Provisions. The failure by a party to enforce any provision of
this contract against the other party shall not be deemed a waiver of the right to do so thereafter.
22. Amendments. This contract may be modified or amended only in writing signed
by the parties hereto, or their permitted successor or assigns, as the case may be.
23. Entire Agreement. This contract contains the entire agreement and understanding
of the parties hereto as to the Real Estate, all other prior agreements and undertakings, if any,
having been merged herein and extinguished hereby.
24. Joint and Collective Work Product. This contract is and shall be deemed and
construed to be a joint and collective work product of the Purchaser and the Seller, and, as such,
this contract 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.
25. Assignment. This contract shall be binding on the parties hereto and their
respective successors and permitted assigns. This contract and the obligations hereunder may not
be assigned without the express written consent of each of the parties hereto.
26. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of
the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall
be applicable to this contract.
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27. Demolition of Existing Improvements. Prior to the Acceptance Date of this
contract. Seller did complete the demolition and removal of all improvements on the Real Estate
and the restoration of the Real Estate to a "grassy lot" condition in accordance with the City of
Elgin's demolition permit and applicable code requirements;provided,however,that,for purposes
of providing continuing lateral support to adjacent property the Seller did leave in place limited
portions of the north,east,and south foundation footings and walls of the now-demolished building
(the"Support Walls"), all as depicted in Exhibit C attached hereto. The City accepts the Support
Walls as not being a violation of its ordinances. Prior to Closing, Seller shall cause to be recorded
a notice to all future owners of the Real Estate in a form approved by the Purchaser as to the
existence of the Support Walls.
28. Inspection. Within five (5) Business Days after the Acceptance Date, the Seller
shall provide to Purchaser copies of any existing surveys regarding the Real Estate in its possession
or control and any copies of documents or records relating to any environmental conditions on the
Real Estate in its possession or control including, but not limited to, any existing environmental
reports or soil borings. Purchaser shall have up to thirty(30)days after the Acceptance Date such
30-day period being hereinafter referred to as the "Inspection Period") to conduct and complete
investigations and inspections of the Real Estate to determine whether the condition of the Real
Estate is suitable to the Purchaser. Such investigations and inspections may include, but not be
limited to, obtaining a phase I environmental assessment. Seller hereby grants to Purchaser and
Purchaser's agents access to the Real Estate for the purpose of conducting such inspections.
Purchaser shall indemnify Seller and hold Seller harmless from and against any loss or damage to
the Real Estate caused by the acts or omissions of Purchaser or Purchaser's agents performing
such inspections, and this covenant shall survive the Closing or any earlier termination of this
Agreement. In the event the Purchaser determines, based upon such reports, inspections or
otherwise, and in the sole and absolute discretion of the Purchaser, that the Real Estate is not
reasonably suitable to the Purchaser,then the Purchaser may,by written notice to the Seller given
prior to the end of the 30-day Inspection Period, elect to terminate and cancel this contract. If the
Seller is so notified in writing by the Purchaser prior to the expiration of such 30-day Inspection
Period, then this contract shall be terminated and cancelled and null and void with no further
liability of either party hereunder. In the absence of written notice from the Purchaser to the Seller
prior to the expiration of such 30 day Inspection Period electing to terminate and cancel this
contract, Purchaser's right to terminate and cancel this contract pursuant to the provisions of this
section shall be deemed waived by all parties hereto, and this contract shall be in full force and
effect.
29. As is. It is hereby agreed that(i)Seller has made no representations or warranties
concerning the Physical Condition (as hereafter defined) of the Real Estate except as may be
expressly contained in this Agreement and(ii)Purchaser has agreed to purchase the Real Estate in
its "as is/ where is" condition. Accordingly, the parties do further agree that, from and after the
Closing hereunder:
(a) Except as otherwise expressly provided in Sections 10 and 11 hereof, the
Seller shall have no responsibility for the repair,replacement or correction of,or for any response or
corrective actions or remediation of any Physical Condition(as hereafter defined) at, on, under or
about the Premises(as hereafter defined); and
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(b) Except as otherwise expressly provided in Sections 10 and 11 hereof, the
Purchaser hereby waives and releases any claim for contribution against, and covenants not to sue
the Seller, whether asserted directly or indirectly, and whether in the nature of an action for
contribution,third party proceeding or any other action or proceeding whatsoever, for all damages,
including,without limitation,punitive damages,liabilities,costs,losses,diminutions in value,fines,
penalties, demands, claims, cost recovery actions, lawsuits, administrative proceedings, orders,
response action costs, compliance costs, investigation expenses, consultant fees, attorneys' and
paralegals' fees and litigation expenses(collectively "Claims") arising out of or in connection with
any Physical Condition (as defined in Section 32(o below) or Environmental Law with respect to
the Premises (as hereinafter defined) or with the migration of any such Physical Condition to any
other site or location; and
(c) The Purchaser's right to conduct inspections and investigations of the Real
Estate as provided in Section 28 of this Agreement is(i) in lieu of all representations or warranties
concerning the environmental condition of the Premises other than those as set forth herein; and
(ii)with the understanding and agreement of the Purchaser that if Purchaser proceeds to acquire the
Premises pursuant to the terms hereof then, as of the closing, Purchaser will purchase the Premises
in its "as is" condition with no direct recourse or direct rights of action against Seller except for a
breach by Seller of its covenants,representations or warranties made in this Agreement.
(d) The Purchaser hereby covenants and agrees that in consideration of this
Agreement the Purchaser shall not directly or indirectly sue Seller for any Claims with respect to,or
arising out of any Physical Condition(as hereafter defined)or other condition of,or situation existing
with respect to the Premises or any Environmental Law with respect to the Premises (as hereafter
defined). (The covenant and agreement of the Purchaser as set forth in the preceding sentence shall
hereinafter be called the"Covenant Not To Sue"). The parties hereto understand and agree that the
Purchaser's Covenant Not To Sue as stated herein does not(i) apply to any breach by Seller of any
of the Seller's representations as are set forth in this Agreement or to any action taken by the
Purchaser to enforce any contractual obligations of the Seller as may be specifically set forth in this
Agreement, and(ii) constitute an agreement or undertaking by Purchaser to indemnify Seller from
third-party claims ; provided, however, that the Purchaser agrees not to assign any claims against
Seller to any third parties.
(e) For Purposes of this Section 29:
(i) "Physical Condition" shall mean any condition or situations existing
on, under, at or about the Premises, the groundwater, sub-surface
water, and / or the underground soil and geologic condition
thereunder, as of the date of the execution of this Agreement which
(i) constitutes any structural or mechanical defect in or violation of
any code, law, ordinance or regulation with respect to the building,
mechanical systems,site improvements or other improvements on the
Real Estate or (ii) constitutes a violation of any State of Illinois or
federal Environmental Law,regulation or ordinance and/or and which
does or reasonably might form the basis of any public or private claim
or cause of action for the clean-up or remediation as a result of the
release, threatened release, migration or the existence of any
contaminants, pollutants, toxic or hazardous substances or wastes,
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petroleum and petroleum by-products, crude oil or any fraction
thereof, chemicals, wastes or substance (including, without
limitation, regulated substances and hazardous waste and hazardous
substances as such terms as commonly used and understood within
the framework of existing federal and Illinois Environmental Laws
and regulations).
(ii) "Premises" shall mean the Real Estate described in this Agreement
together with the subsoils, geologic formations and groundwater
thereunder.
(iii) "Environmental Law" shall mean any federal or State of Illinois law,
statute, regulation, rule, order, decree, judgment or direction
concerning environmental protection or health and safety, including,
without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act of 1980, as amended, the Resource
Conservation and Recovery Act, as amended, the Toxic Substances
Control Act, as amended, and the Illinois Environmental Protection
Act, as amended.
(iv) "Seller"shall mean the party designated herein and such parry's heirs,
personal representatives, successors, assigns, and grantees, and if
such party is an entity, then additionally such party's officers,
employees, agents,partners, shareholders,directors,members and or
managers.
30. Counterparts and Execution. This contract may be executed in counterparts, each
of which shall be an original and all of which shall constitute one and the same contract. This
contract may be executed by electronic signature, which shall be considered as an original
signature for all purposes and shall have the force and effect as an original signature. Without
limitation, "electronic signature" shall include fax versions of an original signature or
electronically scanned and transmitted versions(e.g.,PDF)of an original signature.
31. Acceptance: Acceptance Date.
(a) Until this Agreement has been executed by both of the Parties hereto and a fully
executed counterpart has been delivered to both such Parties,this document shall be
an offer by the first Party executing same. Any such offer may be revoked by the
offeror at any time prior to its acceptance.
(b) The date on which this offer is accepted in the manner described in Section 31(a)
above shall be the"Acceptance Date" of this Agreement.
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DATE OF OFFER: July 28th , 2021 DATE OF ACCEPTANCE: July�7,1 2021
CITY OF ELGIN SEIGLE INVESTMENTS, LLC-300 Brook
Series
B�I,CchardBy G. olal, City anager Harry J. eigle
Atte t: Its
Manager
City Cli k
FALegal Dept\Real Estate\RE-Sales Contract-300 Brook St-Clean-7-21-21.docx
10
EXHIBIT A
LEGAL DESCRIPTION
Lots I and 2 and that part of Lots 3 and 5 in Block 9 of P.J. Kimball Jr.'s Third Addition to Elgin,
in the City of Elgin,Kane County,Illinois,described as follows: Beginning at the Southeast corner
of said Lot 1; thence North 0 degrees 03 minutes 11 seconds West, 141.31 feet along the East line
of Lots 1,2 and 3 to a point on the East line of Lot 3 that is 8.55 feet North of the Southeast corner
of Lot 3; thence South 88 degrees 03 minutes 33 seconds West, 192.17 feet to a point on the West
line of Lot 5 that is 1.34 feet North of the Southwest corner of Lot 5; thence South 22 degrees 12
minutes 15 seconds East, 144.98 feet along the West line of Lots 5,2 and 1 to the Southwest corner
of Lot 1; thence South 89 degrees 45 minutes 44 seconds East, 137.40 feet along the South line of
Lot 1 to the place of beginning, (except that part of Lots 3 and 5 lying Northerly of the following
described line: Beginning at a point on the Easterly line of said Lot 3, 57.5 feet Southerly of the
Northeast corner of said Lot 3;thence Westerly on a line running through the Westerly line of said
Lot 3,at a point 62.5 feet Southerly of the Northwest corner thereof,to a point on the Easterly line
of the right of way of the Chicago and Northwestern Railway Company 144 feet Southeasterly of
the North line of said Lot 5 for the termination of said line), in the City of Elgin, Kane County,
Illinois, also
Lots 6 and 7 in Block 9 of P.J. Kimball Jr.'s Third Addition to Elgin, in the City of Elgin, Kane
County, Illinois.
11 ,
EXHIBIT B
NFR Letter
EXHIBIT B
• ILLINOIS ENVIRONMENTAL PROTECTION AGENCY
1021 Nam GRaao AvrNur EAU,P.O.Sot 19276,SPRINGREW,IUINoa 62794.9276 a(2171792-3397
Jti PRJTD0:&GOVERNOR JOKN J.ttlM,ACTING DIRECTOR
2171524-3300 CERTIFIED MAIL
7017 2680 0001 0208 7841
MAR 0 5 2019
Seigle Investments,LLC
Mr.Harry Seigle
1621 North Clyboum
Chicago,IL 60614
Re: LPC#0894383009--Kane County
MAR 1 12019
Elgin/Seigle Investments, LLC
300 Brook Street
Leaking UST Incident No.20181074--NFR Letter
Leaking UST Technical File
Dear Mr.Seigle:
The Illinois Environmental Protection Agency(Illinois EPA)has reviewed the 45 Day/Corrective
Action Completion Report submitted for the above-referenced incident. This information was dated
January 5,2018 and was received by the Illinois EPA on February 4,2019. Supplemental
information was received by electronic mail on February 26,2019.Citations in this letter arc from
the Environmental Protection Act(415 1LCS 5)(Act)and Title 35 of the Illinois Administrative
Code(35 111.Adm.Code).
The Early Action Tier I Remediation Objectives Compliance Report and the Licensed Professional
Engineer Certification submitted pursuant to Section 57.6 of the Act and 35 111. Adm.Code
734.135(d)indicate the remediation objectives have been met.
Based upon the certification by Pratik Patel,a Licensed Professional Engineer,and pursuant to
Section 57.10 of the Act(415 ILCS 5/57.10),your request for a no further remediation determination
is granted under the conditions and terms specified in this letter.
Issuance of this No Further Remediation Letter(Lever),based on the certification of the Licensed
Professional Engineer,signifies that: (1)all statutory and regulatory corrective action requirements
applicable to the occurrence have been complied with; (2)all corrective action concerning the
remediation of the occurrence has been completed;and(3)no further corrective action concerning
the occurrence is necessary for the protection of human health,safety,and the environment.
Pursuant to Section 57.10(d)of the Act,this Letter shall apply in favor of the following parties:
1. Seigle Investments,LLC, the owner or operator of the underground storage tank system(s).
2. My parent corporation or 5ubstdtery or'aijch owncr or operntor_
3. Any co-owner or co-operator,either by joint tenancy,right-of-survivorship,or any other
parry sharing a legal relationship with the owner or operator to whom the Letter is issued.
4303 N.Main St,Rockford,IL 61103 a,5}9ti7.7760 95++Harrison St,Des PWnes,IL 600t6(947):1911000
595 S.State St.,81 t,IL 60133(1t47)608 t3t 413 SW Washington St.,Suite O,Peoria,IL 6+6os(}}og)67t-3osa
est 7175 S. R St.,Otampai)rA IL 61830(a7)379.000 23o9 W.Main SL,Suits+t6,Marlon IL 6z959(6+8)993.72oo
3oo9 Mall St,Collinsville,tL 6sa94(64)346 Soo too W.Randolph St,Suite gioo,Cltltaao,I fio6oi
PUM PRIM oN RtCroto PARER
d
Page 2
4. Any holder of a beneficial interest of a land trust or inter vivos trust whether revocable or
irrevocable,
5. Any mortgagee or trustee of a deed of trust of such owner or operator.
6. Any successor-in-interest of such owner or operator.
7. Any transferee of such owner or operator whether the transfer was by sale,bankruptcy
proceeding,partition,dissolution of marriage,settlement or adjudication of any civil action,
charitable gift,or bequest.
8. Any heir or devisee of such owner or operator.
9. An owner of a parcel of real property to the extent that this Letter applies to the occurrence
on that parcel.
This Letter and all attachments, including but not limited to the Leaking Underground Storage Tank
Environmental Notice,must be filed within 45 days of receipt as a single instrument with the Office
of the Recorder or Registrar of Tides in the county in which the above-referenced site is located.
This Letter shall not be effective until officially recorded by the Office of the Recorder or Registrar
of Titles of the applicable county in accordance with Illinois law so it forms a permanent part of the
chain of title for the above-referenced property. Within 30 days of this Letter being recorded,an
accurate and official copy of this Letter.as recorded,shall be obtained and submitted to the Illinois
fXA, For recording purposes,it is recommended that the Leaking Underground Storage Tank
Environmental Notice of this Letter be the first page of the instrument filed.
CONDITIONS AND TERAI5 OF APPROVAL
LEVEL OF REMEDIATION AND LAND USE LIMITATIONS
1. The remediation objectives for the above-referenced site,more particularly described in the
Leaking Underground Storage Tank Environmental Notice of this Letter,were established in
accordance with the requirements of the Tiered Approach to Corrective Action Objectives
(35 Ill.Adm.Code 742)rules.
2. As a result of the release from the underground storage tank system(s)associated with the
above-referenced incident,the above-referenced site,more particularly described in the
attached Leaking Underground Storage Tank Environmental Notice of this Letter,shall not
be used in a manner inconsistent with the following land use limitation: There are no land
use limitations.
3. The land use limitation specified in this Letter may be revised it:
E. Further investigation or remedial action has been conducted that documents the
attainment of objectives appropriate for the new land use;and
Page 3
b. A new No Further Remediation Letter is obtained and recorded in accordance with
Title XVII of the Act and regulations adopted thereunder.
PREVENTIVE.E_MlNEERING AND INSTITUTIONAL CoWROLs
4. Preventive: None,
Engineering: None.
Institutional: This Letter shall be recorded as a permanent part of the chain of title for the
above-referenced site,more particularly described in the attached Leaking
Underground Storage Tank Environmental Notice of this Letter.
5. Failure to establish,operate, and maintain controls in full compliance with the Act,applicable
regulations,and the approved corrective action plan,if applicable,may result in voidance of
this Letter.
OTHER TERMS
6. Any contaminated soil or groundwater removed or excavated from,or disturbed at, the
above-referenced site,more particularly described in the Leaking Underground Storage Tank
Environmental Notice of this Letter,must be handled in accordance with all applicable laws
and regulations under 35 111.Adm.Code Subtitle G.
7. Further information regarding the above-referenced site can be obtained through a written
request under the Freedom of Information Act(5 ILCS 140)to:
Illinois Environmental Protection Agency
Attention: Freedom of Information Act Officer
Division of Records Management-#16
1021 North Grand Avenue East
Post Office Box 19276
Springfield, IL 62794-9276
g. Pursuant to 35111.Adm.Code 734.720,should the Illinois EPA seek to void this Letter,the
Illinois EPA shall provide notice to the owner or operator of the leaking underground storage
tank system(s)associated with the above-referenced incident and the current title holder of
the real estate on which the tanks were located,at their last known addresses. The notice
shall specify the cause for the voidance,explain the provisions for appeal,and describe the
facts in support of the voidance. Spccific acts or—issi-6'hut may result in the--in"ce or
this Letter include,but shall not be limited to:
a. Any violation of institutional controls or industrial/commercial land use restrictions;
Page 4
b. The failure to operate and maintain preventive or engineering controls or to comply
with any applicable groundwater monitoring plan;
C. The disturbance or removal of contamination that has been left in-place in accordance
with the Corrective Action Plan or Completion Report;
d. The failure to comply with the recording requirements for the Letter;
e. Obtaining the Letter by fraud or misrepresentation; or
f. Subsequent discovery of contaminants,not identified as part of the investigative or
remedial activities upon which the issuance of the Letter was based,that pose a threat
to human health or the environment
Submit an accurate and official copy of this Letter,as recorded,to:
Illinois Environmental Protection Agency
Bureau of Land-#24
Leaking Underground Storage Tank Section
1021 North Grand Avenue East
Post Office Box 19276
Springfield,IL 62794-9276
If you have any questions or need further assistance,please contact the Illinois EPA project manager,
Dave Myers,at 217n8S-7491.
Sincerely,
Michael T.Lowder
Unit Manager
Leaking Underground Storage Tank Section
Division of Remediation Management
Bureau of Land
MTL:dnVnfr.dot
Anachments: Leaking Underground Storage Tank Environmental Notice
Plat of Survey
Leal Descriptions
c: David Streich,Chicago Tank Removal(electronic copy)david Qchicagotankremoval.com
BOL File
i
300 BROOK ST., ELGIN
LEGAL DESCRIPTION
Lots 1 and 2 and that part of Lots 3 and 51n Block 9 of P.J.Kimball Jr.'s Third Addition to Elgin,in
the City of Elgin,Kane County,Illinois,described as follows:
Beginning at the Southeast comer of said Lot 1;thence North 0 degrees 03 minutes 11 seconds
West,141.31 feet along the East line of Lots 1,2 and 3 to a point on the East line of Lot 3 that is
8.55 feet North of the Southeast corner of lot 3;thence South 88 degrees 03 minutes 33
seconds West,192.17 feet to a point on the West line of Lot 5 that Is 1.34 feet North of the
Southwest comer of Lot 5;thence South 22 degrees 12 minutes 15 seconds Epst,144.98 feet
along the West line of Lots 5,2 and 1 to the Southwest corner of Lot 1;thence South 89
degrees 45 minutes 44 seconds East,137.40 feet along the South line of Lot 1 to the place of
beginning,(except that part of Lots 3 and 5 lying Northerly of the following described line:
Beginning at a point of tho Easterly line of said Lot 3,57.5 feet Southerly of the Northeast
corner of said Lot 3;thence Westerly on a line running through the Westerly line of said Lot 3,
at a point 62.5 feet Southerly of the Northwest comer thereof,to a point on the Easterly line of
the right of way of the Chicago and Northwestern Railway Company 144 feet Southeasterly of
the North line of said Lot 5 for the termination of said line),In the City of Elgin,Kane County,
Illinois. Also
Lots 6 and 7 in block 9 of PJ.Kimball Jr.'s Third Addition to Elgin,in the City of Elgin,Kane
County,Illinois.
i
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4
I
PREPARED BY:
Name: Seigle Investments,LLC
Mr.Harry Seigle
Address: 300 Brook Street
Elgin, IL 60120
RETURN TO:
Name: Seigle Investments,LLC
Mr.Harry Seigle
Address: 1621 North Clybourn
Chicago, IL 60614
(THE ABOVE SPACE FOR RECORDER'S OFFICE)
LEAKING UNDERGROUND STORAGE TANK ENVIRONMEwrAL NOTICE
THE OWNER AND/OR OPERATOR OF THE LEAKING UNDERGROUND STORAGE TANK SYSTEM(S)
ASSOCIATED WITH THE RELEASE REFERENCED eum,wrruIN 4$DAYS OF RECEIVING THE NO
FURTHER RE.*.IEDIATION LETTER CONTAINING THIS NOTICE,MUST SUBMIT THIS NOTICE AND THE
REMA114DF-R OF THE NO FURTHER REru EDIATION LETTER TO THE OFFICE OF THE RECORDER OR
REGISTRAR OFTITLES OF KANE COUNTY IN WHICH THE SrTE DESCRIBED BELOW IS LOCATED.
Illinois EPA No.: 0894383009
Leaking UST Incident No.: 20181074
Seigle Investments,LLC,the owner and/or operator of the leaking underground storage tank
system(s)associated with the above-referenced incident,whose address is 300 Brook Street,has
performed investigative and/or remedial activities for the site identified as follows:
1. Legal Description or Reference to a Plat Showing the Boundaries: see attachments
2. Common Address:300 Brook Street,Elgin,Illinois
3. Real Estate Tax Index/Parcel Index Number. 06-14-232-002 and 06-14-233-005
4. Site Owner. Seigle Investments,LLC
5. Land Use Limitation: There are no land use limitations.
6. See the attached No Further Remediation Letter for other terms.
dm
I
Leaking Underground Storage Tank Environmental Notice
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C. Property Ownership Declaration
I hereby atTam that 1 have reviewed the attached report entitled
and dated t -s- t
and that 1 accept the terra and Conditions set forth therein,Including any land use Umttatlona,that apply to
property I am.1 further affirm that 1 have no objection to the recording of a No Further Remedlatlon Letter
containing the terms and ocnddlons identified in tho report upon the property I own.
Name of Property Owner. S e.
Name of Officer or Agent:
Malting Address, I
Ctty AA�t o
State
Zip Code
Signature
Date
D. site Description
Real Estate TaWPorcet Index Number. U�o (�- 2 3 -r o �°'i `� • Z 3Z' d Z
Legal Description of Site(must be provided on a separate sheet)
,0 - i LI- AAn Ld-1 Su,
�11 Lo� 2 B(a,LL- `i
y-232.-002 : 0 S K,w.� �� `Srrs. 3� a�.�•� S'o �°
Harry Seigle
To: dave.myers@illinois.gov
Cc: Harry Seigle; Phyllis Irizarry
Subject: LPC#0894383009: Kane County
Attachments: BRN3C2AF440FOEB_002173.pdf
Mr. Myers,
Thanks to the IEPA for your attached March 5, 2019 No Further Remediation letter.
As required, we caused the subject letter to be recorded with the Kane County Recorder of Deeds on March 14,
2019, Document#2019KO09901. You will see the recordation certificate on the first page of the attached.
Let us know if you need anything else. We are pleased this matter is closed.
, II
COMPANY
Harry J. Seigle
Principal
1621 North Clyboum Avenue
Chicago. IL 60614
312-645-9000
3/20/2019 3:54 PM3:54 PM 1
EXHIBIT C
Support Walls
EXHIBIT C
56 SOUTH LASALLE STREET, SUITE 102
■ STRUCTUREPOINT AURORA, ILLINOIS 60505
TEI855.822.1966
May 11,2021
Mr.Ryan Hermosillo
Project Manager
Alpine Demolition
3515 Stern Avenue
St.Charles,Illinois 60174
Re: 300 Brook Street
Building Demolition Review
300 Brook Street
Elgin,Illinois 60120
Dear Mr.Hermosillo:
At your request,Mr.Charles E.Gasser,SE,PE of American Structurepoint,Inc.,reviewed the documents
regarding the demolition of the building previously located at the above-referenced address.The purpose
of the review was to determine if the portions of foundation reportedly left in during the demolition of the
structure and backfill of the site was adequate and necessary to protect the adjacent sidewalks,roadways
and structures. The following is a summary of our findings.
DOCUMENT REVIEW:
Review of the diagram provided by your office titled: "300 BROOK STREET ELGIN,IL 60120 AS-
BUILT DOCUMENTATION",(Exhibit A)revealed the following:
1. The building consisted of a two primarily rectangular areas. A larger brick
warehouse area on the south side of the property with a smaller rectangular portion
set-back from the east elevation in the northeast corner to allow for a loading dock.
2. The north elevation of the building was immediately adjacent to the neighboring
property's drive aisle.
3. The east and south elevations of the larger warehouse portion of the building were
immediately adjacent to a sidewalk and roadway.
4. The foundations left in place along the north elevation of the building consisted of a
15-foot-long portion and a retaining wall extending to the northeast corner of the
O aMeRicnN 56 SOUTH LASALLE STREET,SUITE 102
.■ STRUCTUREPOINT AURORA, ILLINOIS 60505
'"C TEL 855.822.1966
property. A return wall extending south, approximately 10 feet long at the northeast
corner of the loading dock was also preserved.
5. The foundations left in place along the east and south elevations of the larger
warehouse portion consisted of two 20-foot-long sections along the east elevation and
a 10-foot section extending west at the northeast and southeast corners.
CONCLUSIONS AND RECOMMENDATIONS:
Based on our review of the document, experience and professional judgment, we are of the
opinion leaving the wall segments as indicated on the diagram was an optimal solution for the
demolition of the building. There was significant risk, had these segments of foundation been
removed, the adjoining driveway and sidewalk structures would have been undermined and
collapsed into the former basement area and loading dock area of the demolished structure.
If you have any questions, or require further assistance, please feel free to contact us at your
convenience at(630)297-6191.
(TJ
Charles E. Gasser
Illinois Office Director
d.LIflIHXH
EXISTING BUILDING FOUNDATION EXISTING BULDING EXISTING RETAINING WALL
WALLS SHALL BE COMPLETELY
SHALL REMAIN IN PLACE
REMOVED(TYPICAL)
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cn
1- --4
EXISTING BUILDING FOUNDATION y!^ f ;13
WALLS SHALL BE REMOVED 6"BELOW -T m
SURROUNDING GRADE AND LEFT IN
PLACE TO MAINTAIN STRUCTURAL =
�c INTEGRITY OF THE ADJACENT = EXISTING UTILITY POLE
STRUCTURES AND SURFACES.
c =
/III I I I111111111111111111111111111111111111111111111111111111111111111111111111 fill 1111111111111fill 1111111111111111111111111111111111 n111f i111111111t/11111171/it O
li
BACKFILL SITE WITH CLEAN
CLAY TO-6"BELOW s
SURROUNDING GRADE. EXISTING BUILDING FOUNDATION WALLS SHALL BE
INSTALL PULVERIZED TOPSOIL, REMOVED 6"BELOW SURROUNDING GRADE AND LEFT
IDOT CLASS 1 GRASS SEED MIX, IN PLACE TO MAINTAIN STRUCTURAL INTEGRITY OF
AND STRAW EROSION CONTROL THE ADJACENT STRUCTURES AND SURFACES. EXISTING SIDEWALK
BLANKET.WATER AS NEEDED -
SHALL REMAIN IN PLACE
1 - I
EXISTING CpNCRETE
PARKWAYc HALL REMAIN
IN PLACE
=h
03
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cn
EXISTING BUILDING FOUNDATION WALLS SHALL BE
EXISTING BUILDING FOUNDATION REMOVED 6"BELOW SURROUNDING GRADE AND LEFT r- m
WALLS SHALL BE COMPLETELY IN PLACE TO MAINTAIN STRUCTURAL INTEGRITY OF
REMOVED(TYPICAL) THE ADJACENT STRUCTURES AND SURFACES. _
EXISTING SIDEWALK _
SHALL REMAIN IN PLACE
illnnunll n111111111111111111I11,11111111unn1111 nnn1l1nnn111111111I1,11I-III,I„Il,nnnnuinnuunnnunu'
------------------777�
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""°`""DI"" 300 BROOK STREET ELGIN, IL 60120
e AS-BUILT DOCUMENTATION
°FMOLITIO" SERVICES 4/30/2021