HomeMy WebLinkAbout89-0112 Harris 89-0112 h��AS
RESOLUTION
AUTHORIZING EXECUTION OF A REDEVELOPMENT AGREEMENT WITH
HARRIS PROPERTIES, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby
authorized and directed to execute a Redevelopment Agreement on behalf of the City of
Elgin with Harris Properties, Inc. for the redevelopment of South Grove Avenue, a copy
of which is attached hereto and made a part hereof by reference.
s/George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 11, 1989
Adopted: January 11, 1989
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Marie Yearman
Marie Yearman, City Clerk
}Ar File #2287-( 14) 12/27/88
REDEVELOPMENT AGREEMENT
AID
THIS AGREEMENT made and entered into this I day of
fJuAaL( , 'Date Hereof") between the CITY OF ELGIN,
ILLINOIS, a Municipal Corporation (hereinafter referred to as
"City") and HARRIS PROPERTIES, INC. an Illinois Corporation
(hereinafter referred to as "Developer") .
W I T N E S S E T H:
WHEREAS, the City has undertaken a program to cause the
redevelopment of certain property hereinafter legally described
on survey (Exhibit A attached hereto, the "Subject Property") as
well as other property pursuant to Chapter 24 , Article 11,
Division 74 . 4' of the Illinois Revised Statutes known as the !'Tax
Increment Allocation Redevelopment Act" (hereinafter referred to
as the "Tax Increment Act") ; and
WHEREAS, pursuant to the provisions of the Tax Increment
Act, the City has adopted a redevelopment plan and redevelopment
project (hereinafter collectively referred to as the "Tax
Increment Plan") and has designated a Redevelopment Project Area
sometimes commonly known as the South Grove Development Project;
and
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<<=� WHEREAS, the City has acquired and continues to acquire,
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under and by virtue of its power of eminent domain, fee simple
title to the said Subject Property legally described in said
Exhibit A, as well as other property, (which property as so
described in Exhibit A is also sometimes hereinafter referred to
as the "Redevelopment Project Area) ; and
WHEREAS, in order to further the community development goals
and the Redevelopment Plan objectives, the City has considered
several proposals for the development of the Subject Property for
market rate residential purposes and has selected Harris Proper-
ties, Inc. to be the Developer of the Subject Property; and
WHEREAS, Subject Property falls within the Elgin Enterprise
Zone which has been certified by the State of Illinois under the
Illinois Enterprise Zone Act on July 1, 1985 which Enterprise
Zone will remain in effect until June 30, 1995; and
WHEREAS, pursuant to the Tax Increment Plan it is contem-
plated that the Subject Property will be developed over a three
to five year period and will be assisted by the City through a
variety of mechanisms including but not limited to land acquisi-
tion, land assembly, cost write-down and site clearance; and
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t . = WHEREAS, Developer has submitted to the City a Concept Plan
which includes the South Grove Redevelopment Preliminary Plan
prepared by Johnston Associates, Inc. dated April 25, 1988, 4
Floor Plans dated October 22, 1987, 3 renderings dated October 1,
5 and 6, 1987 respectively, 3 Building Elevation Plan dated
December 17, 1987 and Roof Plans dated December 17, 1987, all of
which are attached hereto and made part hereof as "Group Exhibit
B" which plan contemplates the development of Subject Property in
two phases; and
WHEREAS, the City desires to sell and the Developer desires
to purchase approximately 21.4309 acres of the Subject Property
designated on Exhibit B as Parcels I and II all in accordance
with the terms and conditions herein provided.
NOW, THEREFORE, in consideration of the premises and the
mutual undertaking, covenants and agreements of the parties
hereto, it is agreed by and between them as follows:
1A. Feasibility Period - Parcel I. Developer shall have 90
days after the date hereof (the "Feasibility Period") , (i) to
complete its preliminary investigations (including preliminary
engineering, soil, environmental audit and hazardous waste
testing) in cooperation with the City concerning the physical
condition of Parcel I of Subject Property, and (ii) investigate
and satisfy itself affirmatively that Developer' s proposed
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, development of the Subject Property will comply with all ap-
plicable requirements of the Federal Housing Administration
("FHA") for the insurance by the FHA. of mortgages which may be
made to it. As a condition of closing Developer shall evidence •
to City preliminary financing commitments enabling Developer to
proceed with the acquisition and development of the project.
From and after the Date Hereof City authorizes Developer and its
employees, agents or independent contractors to come on to Parcel
I of the Subject Property to complete any physical investigation
necessary for the performance of this Agreement. Developer
agrees to indemnify and hold City harmless from and against any
mechanic' s lien or other claim for the providing of material or
services upon the Subject Property in connection therewith and
any other claims and causes of action arising out of any act,
occurrence or omission of its employees, agents or independent
contractors while on the property. Developer represents and
warrants to the City that developer is presently insured under
the following coverages and agrees to maintain policies providing
such coverage in full force and effect in the same or greater
amounts during the pendency of this transaction:
(a) Comprehensive General Liability
$500, 000-$500, 000 for bodily injury
$500, 000-$500, 000 for property damage
(b) Commercial Umbrella Liability Policy
$1, 000, 000 per occurrence
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' • •- t (c) Workman's Compensation Insurance Policy
Policy limits according to Illinois law.
The foregoing policies shall name City as an additional
insured party and Developer shall deliver to City. a Certificate
of Insurance so providing, prior to Developer' s entry on the
Subject Property.
The City of Elgin has requested that the Federal Emergency
Management Agency (FEMA) , provide them with original data
calculations and computer analyses that were performed to
establish water profiles on and adjacent to the Fox River in the
City of Elgin. During this feasibility period,. the Developer, at
its cost, will perform additional computer analyses and sup-
portive calculations to determine the effect on the projected
flood water levels of the Fox River in the event the Subject
Property is developed without compensatory storage commensurate
with existing on-site volume below FEMA floodplain elevations.
In the event that the above mentioned studies are successful
in proving that the projected flood levels of the Fox River will
not be changed by more than one tenth of a foot in elevation, the
City shall amend the appropriate ordinances of the City to allow
for development of the Subject Property without requiring compen-
satory storage.
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Ir The purpose of the preliminary investigation is to determine
whether or not the Subject Property is reasonably suitable for
the purposes described in Developer's proposal to the City. In
the event that it is determined that the Subject Property is
reasonably suitable for the purposes described in Developer's
proposal, Developer shall notify the City in writing of such
finding not later than ten (10) days following the expiration of
the feasibility period. In the event that the Developer deter-
mines that the Subject Property is not reasonably suitable for
the purposes described in Developer's proposal, Developer shall
give written notice to the City specifically reciting the reasons
that the Subject Property is not reasonably suitable for the
purposes proposed by the Developer, and in that event Developer
shall provide the City, not later than the time of the notice to
be given to the City at the conclusion of the feasibility period,
copies of all studies, tests, environmental assessments and
surveys, memoranda and other data resulting from the feasibility
study undertaken by the Developer.
In the event that the Developer determines that the property
is reasonably suitable for the purposes described in Developer' s
proposal to the City, the parties shall proceed as otherwise
provided in the agreement. In the event that the Developer
determines that the Subject Property is not suitable for the
purposes proposed by the Developer and the City agrees with such
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conclusion after receipt of the materials heretofore described,
this agreement shall be terminated and Developer' s earnest money
refunded. In the event the City disagrees with the Developer's
determination that the Subject Property is not feasible for the
purposes described in Developer's proposal to the City, the
parties shall meet and confer within fourteen (14) days in an
attempt to reconcile their differences.
1B. Feasibility Period - Parcel II. City is still in the
process of acquiring title and rights of possession to properties
which, in the aggregate, comprise Parcel II. Accordingly, not
all of the property within said Parcel II is currently available
for Developer to conduct necessary preliminary investigations
similar to those identified in Paragraph lA(i) above. Therefore
Developer shall have 60 days after notification by City that all
of the property within said Parcel II has been acquired by City
to conduct and complete the same investigations to determine the
feasibility of developing Parcel II, subject to the same terms,
conditions, representations and warranties set forth in Paragraph
lA herein except as modified by this Paragraph. A notice given
by Developer not to proceed on Parcel II or, if no notice is
given by Developer, shall not affect Developer proceeding on
Parcel I.
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2 . Preliminary Assurances. ' If practicable, within 30 days
after delivery to City of ALTA Survey, City shall deliver the
following to Developer at City's cost:
A. A current Commitment for Title Insurance issued on
or after the date hereof by Chicago Title In-
surance Company (which may be in a nominal amount)
showing title to Parcel I of the Subject Property
to be in City, subject only to the general and
customary exceptions contained in such policy as
are issued by Chicago Title Insurance Company and
to the following special exceptions ("Permissible
Exceptions") :
1. General taxes not yet due and payable;
2 . Public utility easements as may be
approved by Developer and City.
City shall also furnish a current commitment for
title insurance issued on or after the date hereof
by the Chicago Title Insurance Company (which may
be in a nominal amount) which shows the current
condition of title as to the portion of Subject
Property known as Parcel II with an endorsement by
the Chicago Title Insurance Company that upon
acquisition of fee simple title to Parcel II by
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the City, the same will be subject only to the
same exceptions as are set forth hereinabove as to
the Parcel I property.
B. Developer has advanced the cost in order to secure
a Boundary Survey of the Subject Property (Exhibit
A) and agrees to advance the cost in order to
secure surveys for ALTA standards ("ALTA Survey") ,
as hereinafter set forth. If this Agreement goes
forward as to Parcel I, the charges for said
Boundary Survey and ALTA Survey up to $20, 000. 00
shall be credited in favor of the Developer
against the purchase price for Parcel I. In the
event this agreement does not go forward, the City
will reimburse Developer for such survey charges
up to $20, 000. 00. Within 30 days from the date
hereof, the Developer shall secure such survey to
ALTA standards, currently certified to Chicago
Title Insurance Company, City and Developer by an
Illinois land surveyor showing the exact boun-
daries, legal descriptions and "net square foot-
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age" of Parcel I of the Subject Property (net
square footage meaning net of all perimeter
streets, roads and highways, pedestrian and
bicycle trails, and easements for rights-of-way
for public utilities and public roads which
service property offsite of the Subject Property)
designating any part lying within the rights-of-
way of any dedicated road or highway, all improve-
ments, all fencing or other improvements of every
kind which might constitute encroachments in
either direction over the boundaries, all Public
or private utility or drainage easements or
easements of passage of record, and a designation
of the "net square footage" of the property as set
forth herein, such designation to be binding on
the parties.
Within 30 days after Developernotifies City in
the affirmative as to Parcel II pursuant to the
provisions of Paragraph 1B, the Developer shall
secure an updated survey to ALTA standards,
currently certified to Chicago Title Insurance
Company, City and Developer by an Illinois land
surveyor showing the exact boundaries, legal
descriptions and "net square footage" of Parcel II
of the Subject Property (net square footage
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, meaning net of all perimeter streets, roads and
highways, pedestrian and bicycle trails, and
easements for rights-of-way for public utilities
and public roads which service property offsite of
the Subject Property) designating any part lying
within the right-of-way of any dedicated road or
highway, all improvements, all fencing or other
improvements of every kind which might constitute
encroachments in either direction over the bound-
aries, all Public or private utility or drainage
easements or easements of passage of record, and a
designation of the "net square footage" of the
property as set forth herein, such designation to
be binding on the parties.
2 1/2 . Vacation of Easements and Streets and Alleys. The
City shall, at or prior to the term of delivery of title and
possession to each of the Parcels comprising the Subject Proper-
ty, without cost to Developer, cause vacation of all streets and
alleys and other rights-of-way, whether public or private, if
any, including easements for public utility lines which have not
been approved by Developer and City so that title will be free
and clear of such streets, alleys, easements and other rights-of-
way in order to effectuate the development of the Subject Proper-
ty as contemplated by this Agreement.
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3 . Escrow. Within 30 days after the date Developer gives
its notice that it has satisfied itself with respect to the
matters described in Paragraph lA hereof, the parties, through
their respective attorneys, shall establish an Escrow (herein
called "Escrow") with Chicago Title and Trust Company for the
purpose of closing all of the transactions contemplated by this
Agreement. The Escrow instructions shall conform with the
provisions of the usual instructions for Deed and Money Escrows
then in use by the Escrowee with such additional provisions
included therein as may be required to conform with the terms of
this Agreement, it being intended, however, that the terms of
this Agreement shall control. Upon the opening of said Escrow,
all payments on account of purchase price, the delivery of deeds
and all transactions contemplated by this Agreement shall be
accomplished through the Escrow. The cost of the Escrow shall be
divided equally between City and Developer.
4 . Purchase Price; Credit Against Purchase Price;
Earnest Money.
A. The purchase price for Parcel I shall be
$1. 25 multiplied by the "net square footage"
(as defined in Paragraph 2B above) contained
therein. The purchase price for Parcel II
shall be $1.75 multiplied by the "net square
footage" (defined as aforesaid) .
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B(1) . In consideration of Developer agreeing
to assume the remaining costs of demoli-
tion and site clearance for Parcel I,
City agrees to credit the sum of $230, 5-
00. 00 against the purchase price for
Parcel I.
B(2) . In consideration of Developer agreeing
to assume the remaining costs of demoli-
tion and site clearance for Parcel II,
City agrees to credit the sum of $359, 3-
00. 00 against purchase price for Parcel
II.
C. Concurrently herewith, Developer has deliver-
ed to City its check made payable to Chicago
Title and Trust Company. as Escrowee in the
amount of $1, 000 which is to be deposited in
the escrow, when established, and held as
earnest money. At such time as Developer
notifies City in writing, as aforesaid, of
its satisfaction with the results of its
investigations under Paragraph lAabove, the
earnest money in escrow shall be increased to
$20, 000. The Escrowee shall be instructed to
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invest all earnest money and to pay the
• proceeds of investments (less costs thereof)
to Developer. All earnest money shall be
held and applied to the initial payment of
the purchase price for Parcel I.
5. Agreement to Sell and Purchase the Subject Property.
Subject to the terms, conditions, covenants and provisions, and
the satisfaction or the waiver of the contingencies herein
contained, Developer agrees to purchase and City agrees to sell
and convey to Developer fee simple title subject only to permis-
sible exceptions to the Subject Property for the purchase price
specified in Paragraph 4A.
6. Purchase and Closing of Parcel I.
A. Closing Date. Provided that City is not in default
under any of its obligations, representations or
warranties hereunder or as soon thereafter as any
such default shall have been cured (but no later
than 30 days after notice unless extended by
Developer in writing) , the closing of Parcel I
shall be on a date specified by Developer not
later than June 20, 1989 and not more than 30 days
y
after the City Council for the City has (i)
enacted ordinances rezoning all of the Subject
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' Property to an R4 classification with a Special
Use for Planned Unit Development, (ii) enacted a
Ordinance approving a Final Planned Unit Develop-
ment Plat on Parcel I and Ordinance approving a
Preliminary Planned Unit Development Plat on
Parcel II, all substantially in accordance with
the terms and conditions set forth in Paragraph 8
of this Agreement and other terms and conditions
contained elsewhere in this Agreement, and (iii)
caused the recording of said Final Planned Unit
Development' Plat in the office of the Recorder of
Deeds of Kane County, Illinois. In addition, there
has been issued by each of the appropriate govern-
mental agencies all required Elgin Sanitary
District Permits, Illinois EPA Permits for Public
Water Supplies and Water Pollution Division
Permits, IDOT Division of Water Resources Permits,
Army Corps of Engineer Permits and City Develop-
ment and Building Permits for units reflecting the
various types of residences as depicted on the
Final Planned Unit Development Plat, which shall
be in accordance with applicable Ordinances,
Statutes, Exhibit X and Exhibit Y.
B. Payment of Purchase Price. Purchasers shall buy
Parcel I at purchase price specified in Paragraph
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4 for cash on the Parcel I Closing Date. The
credit for demolition and site clearance as set
forth in Paragraph 4B(1) and the earnest money
shall be applied against the payment of the
purchase price. The cost of the initial Boundary
Survey and ALTA survey (both referred to in
Paragraph 2B above) shall also be applied against
the purchase price, as aforesaid.
C. Closing Documents. On or before the Parcel I
Closing Date, City shall deliver to the Escrowee
(i) a stamped warranty deed conveying Parcel I to
Developer or Developer' s nominee subject only to
the Permissible Exceptions recited at Paragraph
2A, and (ii) , a written Commitment for Title
Insurance therefor issued by Chicago Title In-
surance Company in the amount of the Parcel I
purchase price, subject only to the above men-
tioned Permissible Exceptions and to the usual
general exceptions contained in Owners Policy
issued by said Company and containing extended
coverage of general exceptions numbers 1 through
5, inclusive, in the Owners Policy. If the title
commitment or plat of survey discloses either
unpermitted exceptions or survey matters which are
not Permissible Exceptions (herein referred to as
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. "Unpermitted Exceptions") City shall have 15 days
from the date of delivery thereof to have the
Unpermitted Exceptions removed from the commit-
ment, to correct the survey to remove the Unper-
mitted Exceptions, or to have the title insurer
commit to insure against loss or damage that may
be occasioned by such Unpermitted Exceptions to
Developer's satisfaction, and, in such event, the
time of closing shall be 20 days after delivery of
the commitment or the time expressly specified in
paragraph 6A, whichever is later. If City fails
to have the Unpermitted Exceptions removed,
corrected or insured over, or in the alternative,
to obtain the commitment for title insurance
specified above as to such Unpermitted Exceptions
within the specified time, Developer may terminate
this Agreement or may elect, upon notice to City
within 10 days after the expiration of the 20-day
period, to take title as it then is with the right
to deduct from the purchase price liens or encum-
brances of a definite or ascertainable amount. If
Developer does not so elect, this Agreement shall
become null and void without further action of the
parties except as to remedies available under
Paragraph 27 herein.
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D. Condition of Subject Property and Possession.
Developer agrees to take possession of Parcel I on
an "as is" condition and agrees to assume the
costs of demolition and site clearance.
All gas, electric and telephone lines and ease-
ments not needed to service this site shall be
vacated, abandoned and removed from the site. The
City shall cooperate with Developer and with each
utility company to accomplish the foregoing.
Developer shall secure written permission from the
affected Utility Company for the vacation of
easement.
7 . Purchase and Closing of Parcel II. Upon closing of
Parcel I, Developer shall deliver to the escrowee earnest money
of $10, 000 and in consideration thereof City agrees to sell to
Developer and Developer agrees to purchase Parcel II in the
manner and in accordance with the terms and conditions herein-
after provided:
A. Closing Date. Provided that City is not in
default under any of its obligations, representa-
tions or warranties hereunder or as soon there-
after as any such default shall have been cured
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(but no later than 30 days after notice unless
extended by Developer in writing) , and provided
further that Developer has given appropriate
notice of its satisfaction of the preliminary
results of its investigations under Paragraph 1B,
and provided further, that at least 80% of the
residential units in Parcel I are "under roof, "
the closing of Parcel II ("Parcel II Closing
Date") shall be on a date specified by Developer
not before October 31, 1990 and not more than ,30
days after the City Council for the City has (i)
enacted a Resolution approving a Final Planned
Unit Development on Parcel II, substantially in
accordance with the terms and conditions set forth
in Paragraph 8 of this Agreement and other terms
and conditions contained elsewhere in this Agree-
ment, and (ii) caused the recording of said Final
Planned Unit Development in the office of the
Recorder of Deeds of Kane County, Illinois. In
addition, there has been issued by each of the
appropriate governmental agencies all required
Elgin Sanitary District Permits, Illinois EPA
Permits for Public Water Supplies and Water
Pollution Division Permits, IDOT Division of Water
Resources Permits, Army Corps of Engineer Permits
and City Development and Building Permits. The
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cost for all of the above applications and permits
shall be paid by the Developer.
B. Purchase Price; Credit Against Purchase Price;
Earnest Money. Purchaser shall buy Parcel II at
purchase price specified in Paragraph 4A paid in ,
three installments as follows: (1) $1. 00 per net
square foot on or before the Parcel II Closing
Date and (2) $0. 50 per net square foot within one
year thereafter and (3) $0. 25 per net square foot
within two years thereafter, which said second and
third installments shall be evidenced by a pur-
chase money note executed by Developer in favor of
the City bearing statutory interest after matur-
ity. Said note shall be deposited in the Escrow
at the time of deposit of the first installment.
The credit for demolition and site clearance as
set forth in Paragraph 4B(2) and the $10, 000
earnest money is to be applied against the first
installment of the purchase price for Parcel II.
The cost of the updated ALTA survey shall also be
applied against the first installment of the
purchase price for Parcel II.
C. Closing Documents. On or before the Parcel II
Closing Date City shall deliver to the Escrowee
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(i) a stamped warranty deed conveying Parcel II ,
to Developer or Developer' s nominee subject only
to the Permissible Exceptions recited at Paragraph
2A, and (ii) a written commitment for title
insurance in the amount of the Parcel II purchase
price, subject only to the above mentioned Permis-
sible Exceptions and to the usual general excep-
tions contained in Owners Policy issued by said
Company and containing extended coverage of
general exceptions numbers 1 through 5, inclusive,
in the Owners Policy. If the title commitment or
plat of survey discloses either unpermitted
exceptions or survey matters which are not Permis-
sible Exceptions (herein referred to as "Unper-
mitted Exceptions") , City shall have 15 days from
the date of delivery thereof to have the Unper-
mitted Exceptions removed from the commitment, to
correct the survey to remove the Unpermitted
Exceptions, or to have the title insurer commit to
insure against loss or damage that may be oc-
casioned by such Unpermitted Exceptions to Devel-
oper' s satisfaction and, in such event, the time
of closing shall be 20 days after delivery of the
commitment or the time expressly specified in
paragraph 7A, whichever is later. If City fails
to have the Unpermitted Exceptions removed,
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FtI..F`.. ..i'-C:.�.I.t.. f 5 .1!f-�, •r_ .. i�. .. I.� . f -
corrected or insured over, or in the alternative
to obtain the commitment for title insurance
specified above as to such Unpermitted Exceptions
within the specified time, Developer may terminate
this Agreement or may elect, upon notice to City
within 10 days after the expiration of the 20-day
period, to take title as it then is with the right
to deduct from the purchase price liens or encum-
brances of a definite or ascertainable amount. If
Developer does not so elect, this Agreement shall
become null and void without further action of the
parties, except as to those portions of the
Subject Property previously conveyed to Developer,
and except as to remedies available under Para-
graph 27 herein.
D. Condition of Subject Property and Possession.
Developer agrees to take possession of Parcel II
on an "as is" condition and agrees to assume the
costs of demolition and site clearance.
All gas, electric and telephone lines and ease-
ments not needed to service this site shall be
vacated, abandoned and removed from the site. The
City shall cooperate with Developer and with each
utility company to accomplish the foregoing.
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..�. 4 ... .,. '.!.ern _ ■
Developer shall secure written permission from the
•
affected Utility Company for the vacation of
easements.
8 . Zoning and Planned Unit Development.
A. Within 20 days after Developer determines that the
Subject Property is suitable for the purposes
described in this agreement, City will make
application to the Planning and Land Use Commis-
sion to conduct public hearings to recommend to
the City Council of City the rezoning of the
Subject Property to an R4 classification with
Special Use for a Planned Unit Development sub-
stantially in accordance with the South Grove
Redevelopment Preliminary Plan identified herein
as Group Exhibit B. Application shall also be
made for recommendation for approval of a Final
Planned Unit Development Plat as to Parcel I and a
Preliminary Planned Unit Development Plat as to
Parcel II. Filing fees, publication charges and
related costs shall be paid by the City.
B. Zoning and Planned Unit Development approval is
conditioned upon representations and warranties by
the City that, (i) there are adequate sanitary
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water, sanitary sewage treatment facilities, water
mains, water pressure and storage facilities, and
• storm sewer capacity presently existing to service
all of the Subject Property when developed to its
maximum permitted uses, (ii) impact fees for
school, park or other municipal contribution are
estimated to be a total of $59, 015. 67, effective
January 1, 1989, and (iii) that the installation
of all perimeter road improvements and maintenance
including, but not limited to streets, sidewalks,
curbs, lighting and traffic signalization shall be
paid for by the City and be the responsibility of
the City and not the Developer.
C. The improvements referred to in Paragraph 8B (iii)
above shall be constructed, paid for and main-
tained by City which construction shall be com-
pleted within one and one half years after comple-
tion of the development of the Subject Property.
9. Additional City Warranties and Representations. City
represents and warrants, that such representations and warrants
are true, correct and in effect on the date hereof, and at the
time of the closing of Parcel I and at the time of the closingof
Parcel II, which representations and warranties by the City
contained in Paragraphs 8 and 9 and elsewhere in this Agreement
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, shall survive the closing and shall not be merged in the docu-
ments delivered at closing, and shall extend to the successors
and assigns of the Developer.
A. There are no special understandings or agreements
between the City and any other governmental
authority limiting or defining (i) the use and
development of the Subject Property, (ii) the
construction of improvements thereon, (iii) the
availability to the Subject Property of public
improvements and municipal services, and (iv) any
requirements to share in the cost thereof by
recapture, contribution, special assessment or
otherwise.
B. City represents that it will secure from Common-
wealth Edison Company an agreement to deliver
property owned by Commonwealth Edison Company
(falling in Parcel II) free from all nuisances and
dangerous and defective conditions and shall
remove or cause the removal of toxic, hazardous or
noxious materials, and further Commonwealth Edison
has agreed to be responsible at its expense for
all requirements imposed upon the parcel of
property owned by it, by the Illinois EPA or other-
governmental age?lcy. '
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.
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C. City has full power and authority to enter into
this Agreement and the Agreement is fully binding
upon, and enforceable against City in accordance
with its terms.
D. City hereby incorporates by reference and remakes
any warranties and representations which are made
elsewhere in this Agreement.
E. After closing on Parcel I, City with Developer's
cooperation shall use its best efforts to obtain
an amendment from the Federal Emergency Management
Agency (FEMA) to amend the present flood plain
designation as to Parcel II so as to eliminate or
reduce the flood plain regulatory requirements
for development of Parcel II. "Best efforts"
means:
1. The City will provide the necessary staff
time to review and file the documents
prepared by Developer's engineer in order to
seek a Letter of Map Amendment (LMA) from
FEMA and,
2 . The City will monitor the LMA process to
insure the request is considered by FEMA on a
timely basis and process the follow up
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correspondence and furnish the appropriate
sign-offs of the documents.
10. Security Regarding Public Improvements. In lieu of
ordinance requirements concerning the posting of completion and
maintenance bonds or letters of credit, Developer, in the alter-
native, may post with the City letters from sound and reputable
banking or financial institutions authorized to do business in
the State of Illinois representing to City that such bank or
financial institution has committed funds for the completion of
all required public improvements if any, and further, has com-
mitted the required sum of money for the required period of time
for maintenance of such public improvements. Written consent of
the City (which shall not be unreasonably withheld) is required
for release of funds for payment of public improvements. As the
payments are made, City agrees to reduce the amount of the
financial commitments aforesaid, concomitantly.
11.A. Tax Prorations. General real estate taxes for
Parcels I and II shall be prorated to the date on which each of
the deeds from the City therefor is recorded, estimated on the
basis of the most recent ascertainable taxes applicable to the
same and shall be adjusted between the parties when the bill for
the year of conveyance shall be issued. In the absence of a tax
bill corresponding to each Parcel, the taxes shall be extended on
such other basis as shall be fair and equitable. At the time of
27
•
•.conveyances of Subject Property, the City shall seek the reas-
sessment of the Subject Property to a category of vacant land as
of the date of each conveyance.
11.B. Other Prorations. City shall pay the amount of
any stamp tax or other tax imposed by State or County law on the
transfer of the title, and shall furnish a complete Real Estate
Transfer Declaration signed by the City or its agent in the form
required pursuant to the Real ,Estate Transfer Tax Act of the
State of Illinois, and shall furnish any declaration by the City
or its agent or meet other requirements as established by any
local ordinance with regard to a transfer or transaction tax.
12 . Fees and Charges. Fees and charges of City for Build-
ing Permits, Connection fees, Plan Review and Inspection charges,
and other fees and charges shall not exceed those fees and
charges as exist as of the date of this Agreement for a period of
3 years from the date of closing of Parcel I. Thereafter the
usual and customary fees and charges then in existence shall
apply.
13 . Oversizing of Public Improvements. Developer shall not
be required to oversize on-site or off-site public improvements,
sanitary or storm sewer and public water facilities for the
purpose of serving property other than the Subject Property, nor
28 -
- .shall Developer be responsible for the construction of, or
• contribution for any off-site or perimeter public improvements.
14 . Preliminary Plan Approval. Approval of Preliminary
Planned Unit Development Plat shall be effective for a period of
3 years. Developer shall have the right to apply for extensions
of approval of said Preliminary Planned Unit Development Plat.
15. Enterprise Zone. As stated in the preamble in this
Agreement, the Subject Property falls within the certified Elgin
Enterprise Zone. City will cooperate with Developer and use its
best efforts in attempting to secure for Developer of the Subject
Property all appropriate benefits which may be applicable in the
development of Subject Property.
16. Term of This Agreement. This Agreement shall be in
full force and effect for a period of 5 years from the date of
recording of the deed for Parcel I from City to Developer.
17 . Temporary Structures. During the term of this Agree-
ment, Developer shall be permitted to use portions of the Subject
Property for temporary construction office and storage use,
including temporary buildings, trailers, signs, material, equip-
ment and temporary portable sanitary facilities in accordance
29
with all City ordinances. Subject to the prior written approval
of the City, temporary fuel storage facilities shall be per-
mitted.
18 . Stop Orders. The City will issue no stop orders
directing work stoppage on buildings or parts of the project
without setting forth the Section of the Ordinance allegedly
violated by the Developer; and allowing said party to forthwith
proceed to correct such violations as may exist. The City shall
give written notice in advance by delivery to said party or
posting on the building of its intention to issue stop orders at
least twenty-four (24) hours in advance of the actual issuance of
such stop orders; except in the case of any emergency as deter
mined by either the City Engineer or the Building Official, in
which case no prior notice is required.
19 . Building Permits. The City agrees to issue within
. fifteen (15) working days after receipt of the application and
submittal of required documentation therefor, necessary building
permits for the construction of all residential units, or issue a
letter of denial within said period of time informing the ap-
plicant as to wherein the application does not conform to the
stated section of the ordinance or the terms of this Agreement.
30
20. Certificate of Occupancy. The City agrees to issue
certificates of occupancy within 'fifteen (15) working days of ap-
plication therefor or issue a letter of denial within said period
of time informing the applicant specifically in writing as to
what violations are to be corrected as a condition to the is-
suance of certificate of occupancy and quoting the Section of the
Ordinance relied upon by the City in its request for correction.
21. Time of the Essence. It is agreed by the parties that
time is of the essence in this Agreement, and that said parties
will make every reasonable effort to expedite the matters herein
included.
22 . Enforcement of Agreement. This Agreement shall be
enforceable in any court of competent jurisdiction by any ap-
propriate action at law or in equity to secure the performance of
the covenants herein contained.
23 . Effect of Partial Invalidity. If any provision of this
Agreement, or any section, sentence, clause, phrase, or word, or
the application thereof in any circumstance, is held invalid,
such provision shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the other provisions
contained herein.
31
24 . Building Code. Attached hereto and made part hereof as
Exhibit "X" are provisions dealing with the applicable building
codes and Exhibit "Y", description of exterior building materi-
als.
25. Engineering. It is the intention of the Developer to
utilize existing facilities and roadways on and adjacent to the
Subject Property. In this regard, the City has indicated that
the on-site and off-site public utilities consisting of sanitary
sewer, water main, and storm sewer outlets have adequate capacity
and depth to service the Subject Property when developed to its
maximum permitted use. The Developer has authorized final
engineering plans to depict all public improvements and grading
required to complete the project. These will consist of Site
Location Plans, Grading Plans, Detail Utility Plans, Roadway and
Profile Sheets and attendant details necessary to describe the
full improvement. The Developer shall cooperate with the City in
obtaining all necessary local, sanitary district, county, state
and federal permits and approvals required on the project. Final
Engineering Plans for the Developer will also incorporate infor-
mation received from the City for the improvements outlined in
paragraph 8B(iv) .
26. Assessment of Subject Property. The City and the
Developer agree that the Redevelopment Project and Subject
Property should be assessed for General Real Estate Taxes in the
32
manner provided by Illinois Revised Statutes as they may be
amended from time to time. This provision shall not be deemed to
prevent the Developer from appealing or challenging assessments
against the Redevelopment Project or Subject Property which it
considers to be contrary to law. The Developer agrees that as
long as any Tax Increment Bonds are outstanding it and no person
affiliated with it will do any of the following:
(a) Seek to reduce the assessment of Parcel I of
the Subject Property below $2 , 200, 000 upon
completion of the Redevelopment Improvements
and the achievement of a 90% occupancy level ;
or
(b) Seek to reduce the assessment of Parcel II of
the Subject Property below $2 , 000, 000 upon
completion of the Redevelopment Improvements
and the achievement of a 90% occupancy level;
or
(c) Request a full or partial exemption from
general real estate taxes; or
(d) Request an assessment at a value not other-
wise permitted by law.
27 . Default. City and Developer agree that, in the event
of a default by either party including a default by breach of any
warranty or representation, the other party shall, prior to
33
• taking any such action as may be available to it, provide written
notice to the defaulting party stating the default and giving the
defaulting party thirty (30) days within which to cure such
default. If the default shall not be cured within the thirty
(30) day period aforesaid, then the party giving such notice
shall be permitted to avail itself of any remedies to which it
may be entitled under this Agreement or at law or in equity,
provided, however, that prior to closing on each Parcel, City's
remedies for Developer's default shall be limited to forfeiture
to City of the Earnest Money as and for liquidated damages in
lieu of any and all other remedies. After closing on each
Parcel, City may elect to accept a reconveyance of the Subject
Property, free and clear of all encumbrances, liens, or claims,
together with .a refund of any out-of-pocket costs incurred by it
or may elect to pursue any remedies it may otherwise have at law
or in equity, for Developer's breach. In the event of such ter-
mination and forfeiture, Developer shall deliver to City, at no
cost to City, all plats, plans (but not building plans) , soil
tests, and engineering studies prepared by or for Developer in
connection with the Subject Property.
28 . Notice. All notices, demands or requests required or
permitted under this Agreement shall be in writing, which shall
be deemed to have been properly made on the date of service if
served personally and on the second day following mailing if sent
34
•
r'1'
by United States Certified Mail, postage prepaid, return receipt
requested, addressed as follows:
If to City: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
ATTN: City Clerk
With a copy to: Erwin W. Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
To Developer: Harris Properties, Inc.
1760 North Wells Street
Chicago, Illinois 60614
With a copy to: Howard Borde
Attorney at Law
415 North LaSalle Street
Chicago, Illinois 60610
35
" '..q• -- -- its::..,.: ,- - - _. .
. .
29. Successors and Assigns. The terms and conditions of
this Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
Developer, without the consent of the City, shall have the right
to assign this Agreement or its interest herein to a limited
partnership of which it is the general partner, and Developer
shall have the right to assign this Agreement or its interest
herein to any 3rd party but only with the consent of the City,
which consent shall not be unreasonably withheld.
30. Execution. This Agreement may be executed in counter-
parts and all so executed shall constitute one and the same
Agreement.
City of Elgin, a Municipal Harris Properties, Inc.
Corporation of the State of . An Illinois Corporation
Illinois
ABy: L By:
Mayor Its Pr side
)! .
Attest: Attest: 1AL
City Clerk Its Secretary
36
I='i U NTED
•
i 0U (1.11988
EXHIBIT "X"
Building Code
A. City and Developer agree that the Applicable Building Codes
which govern this project shall be only those codes listed
hereunder, and that these codes shall remain in force and effect
for the life of this agreement unless altered by mutual
agreement of both parties:
1. The BOCA Basic Building Code, 1984 edition, 4th printing.
2. Section 16.04 of the Elgin Municipal Code, adopted 1987.
3. Section 16.20; Plumbing Code; Section 16.24, Electrical
Code, Section 16.28; Fire Prevention Code, Section 16.32,
Heating, Ventilating and Air Conditioning Code, and Section
16.40, Burglary Security Code, of the Elgin Municipal Code
adopted 1987.
4. Environmental Barriers Act, State of Illinois, May, 1988.
5. The National Electrical Code, 1984 edition.
6. The BOCA Basic Fire Prevention Code, 1984 edition.
7. The BOCA Basic National Mechanical Code, 1984 Edition.
8. The Illinois State Plumbing Code, 1986 edition.
B. The City and Developer agree that the apartment buildings (see
attached drawings -- Exhibit Y and Z)
shall be classified and determined to be governed through
interpretation or variance procedure by the following:
1. Use Group Classification = R-2 Multiple Family Dwelling.
2. Construction Classification = Type 5A.
3. Applicable Fire Resistance Ratings (in hours)
a. Exterior Bearing Walls = 1
b. Exterior Non-bearing Walls
• More than 6' from actual or applied property •
line = 0
Less than 6' from actual or applied property line =
1
c. Fire Walls = 2, for purposes of considering one
building separated thusly as being two buildings.
d. Fire Enclosures of Public Exits, Hallways, and
Stairs = 1.
e. "Public Exit Access" Corridors = 1.
f. Halls within Dwelling Units = 0.
g. Separation between Dwelling Units = 1.
h. Structural Supporting Walls = 1.
i. Floor Construction within Dwelling Units = 0.
j . Floor Construction (all other) = 1.
k. Roof Construction = 0.
1. Vertical Shafts = 2.
Elgin "Exhibit X"
11/8/88, Page 2
Fire ratings of Assemblies shall be those systems
listed by Underwriters Laboratory, Fire Resistance
Directory, 1983. Fire Ratings and Sound Transmission
rating listed by Gypsum Association, Fire Resistance
Design, 11th edition, and other systems acceptable to the
city Building Department.
4. City and Developer agree that the interpretation of Section
502.2 will provide 50% of the building is on public way or
street frontage allowing an area increase of 25% x 2 = 50%.
Actual Building Areas (Gross)
8 Unit Building = 11,155 Square Feet (including garages)
10 Unit Building = 10,644 Square Feet
16 Unit Building = 18,468 Square Feet
5A Allowable = 10,200 Square Feet less (20% for 3 story =
2,040 Square Feet) = 8,160 Square Feet + 50% increase for frontage on
public street or way = 12,240 Square Feet allowable.
Therefore, the 8 Unit and 10 Unit buildings qualify for type 5A
construction, The 16 Unit building will qualify by
being divided into two areas by a 2 hour Fire Wall and both resulting
areas being less than 12,240 square feet.
Actual building heights will be three stories and less than 40'
high. All buildings qualify as type 5A Construction.
5. By amendment section 1604 of the city code the
requirements for the Physically Handicapped and Aged shall
follow the requirements of State of Illinois Environmental
Barriers Act (May, 1988) , which states that privately
owned, privately funded projects for housing less than four
stories are exempt from this code. Therefore, this project
is exempt.
6. Other required fire rated assemblies shall be limited to
the following:
a. Attached Garage separation from dwelling unit = 1 hour
for Walls and Floor/Ceiling assemblies.
b. Door sill into unit must be raised a minimum of 4"
above garage floor. Door between garage and unit = 1-
3/4 solid core wood.
c. Means of Egress separation from garage = 1 hr.
construction.
d. Door from Garage to means of Egress Corridor to have
closer.
e. Dwelling unit separation from public exit, access
corridors public exits, accessways, and stairs shall
be 1 hour rated construction.'
Elgin "Exhibit X"
11/8/88, Page 3
f. Openings into exit access passageway must be
self-closing if 1 hour rated corridor, door shall be
20 minute rated.
g. Walls separating units may have the substrate
changed from wood studs to wood trusses above the
level of the ceiling at top floors as long as spacing
of members supporting the gypsum board does not exceed
that required for the approved fire rated assembly.
h. Mailboxes in fire rated wall assemblies shall not have
the entire assembly between the mail mail box and the
adjacent space.
7. Ventilation of Attics shall provide 1/300th of area if 50%
at ridge and 50% at eave. Opening must be covered with
corrosion resistant mesh with minimum 1/4" and maximum 1/2"
openings.
8. Sound Transmission Control shall provide for common walls
or floor/ceiling assembly between units or between unit and
public or common space to meet or exceed: STC =
min. 45 (airborne) TIC = min. 45 (structure borne)
9. Public Exit and Exits access corridors shall not be used as
supply or return air plenums.
10. Occupant Load calculations per table 806 Residential = 1
person/200 sq. ft. Garages = 1 person/200 sq.
ft.
Actual Loads
8 Unit Building Worst Case
Stair, Corridor Serving Units A,D,B & F
Area =
A = 1,140 Sq. Ft. Occupant Load = 3,960 = 19.8
B = 780 Sq. Ft. 200
C = 1,040 Sq. Ft.
D = 1,000 Sq. Ft. - use 20 persons
3,960 Sq. Ft.
10 Unit Building Worst Case
Stair, Corridor Serving Units A,B,F,G & G
Area =
A = 1,140 Sq. Ft. Occupant Load = 4,660 = 23.3
B = 780 Sq. Ft. 200
F = 1,100 Sq. Ft.
• 2G = 1,640 Sq. Ft. use 24 persons '
4,660 Sq. Ft.
� 7
Elgin "Exhibit' X"
11/8/88, Page 4
16 Unit Building Worst Case
Stair, Corridor Serving Units A,B,B,D & F
Area =
A = 1,140 Sq. Ft. Occupant Load = 4,800 =
2B = 1,560 Sq. Ft. . 200
D = 1,000 Sq. Ft.
F = 1,100 Sq. Ft. use 24 persons
4,800 Sq. Ft.
Type and Location of Means of Egress
-- O.K. through adjoining accessory space in dwelling unit.
Table 807 Length of Exit Access Travel (in feet)
Without fire suppression system = 100'
With fire repression system = 150'
•
Table 808 Capacity per unit egress width
Without fire suppression • With fire suppression
Stairways 75 113
Doors, Ramps .
and Corridors 113 • 150
36" = 1-1/2 units •
44" = 2 units
Therefore, based upon worst case occupant load and 36" widths all
corridors, doors, ramps, and stairs comply.
•
Number of Exits
Minimum Number = 2 per floor per table 809.2
Exception: Any floor with less than 50 occupants and maximum travel
distance of 75' .
- Exception: Units at grade level do not require second exit.
•
10. All sleeping rooms must have an escape window of 5.7 sq.
ft. in Area with a minimum width of 20" and a minimum
height of 24", with sill at 44" maximum above finish floor.
11. Maximum dead—end corridor = 20' .
12. Width of Exit Access Passageway --- 36" (occupant load is
• less than 50) . •
}
•
•
Elgin "Exhibit' X"
11/8/88, Page 5
13. Ramps
Width = same as required for corridors
Headroom = 6'-8" 'minimum
Projections = none allowed except handrails and stringers,
and doors shall not reduce clear width to less than 42".
Maximum slope = 3" rise or less = 1 to 8
6" rise to 3" rise = 1 to 10 Greater than
6" rise = 1 to 12
Landings = required at points of turning, entrance and
exit, doors, and every. 30" of rise. Landing = 60" minimum
length.
Handrails: 1 side if rise is less than 6", otherwise two
sides.
Surface: approved non-slip"materials. •
14. Interior Stairways
Minimum width = 44" except 36" for occupant load less than
50 and travel less than 75' , per 809.3 Minimum headroom =
6'-8"
Maximum rise = 12' between landings.
Landing width and length = width of stairs, minimum.
Minimum tread = 10", except in dwellings = 9". Maximum
•
rise = 7-1/2" except in dwellings = 8-1/4".
Winders: Allowed only in dwelling unit. Minimum width =
6".
Handrails = 2 required except 1 only if width is less than
.44".
Handrail height = 30" to 34" above line of nosing.
Handrail ends shall extend 12" beyond top riser and 12"
plus one tread at bottom riser and return to wall both top
and bottom.
Design load = 50 pounds/linear foot at right angles at top
of railing.
15. Stair Exit Doors
Width = exit units required for stairs but 2'-8"minimum.
Swing = direction of travel.
When open cannot reduce width of landing by more than half
and cannot project more than 7" on to landing.
Doors, Hardware, and Frame to be fire rated 30 minutes.
Stairs to support live load 100 pounds/sq. ft.. and point
load of 300 lbs.. except within dwelling no requirement.
Elgin "Exhibit X"
11/8/88, Page 6
16. Open Wells at communicating floor -- O.K. for
grade + 1 story if fire suppression system provided and
open to make any fire obvious per 816. 10.2
17. Exit Signs and Lights at required public exits must be
lighted and powered from emergency electrical system or
self-illuminating. Applies to buildings with occupant load
of 50 or more.
50 x 200 Sq. Ft./person = 10,000 Sq. Ft.
All buildings required to have them.
18. Guard Rails
Height = 3'-6" above walling surface. Required at
retaining walls where grade change is greater than 4' and
less than 2' away. Intermediate rails spaced so that a 6"
diameter sphere cannot pass through. Design loads = same
as stair rails.
19. Floor/Ceiling fire-rated Assemblies shall be tight to
exterior walls.
20. Parapets are not required because exterior walls are
fronting on open space of 30' wide or more and buildings
have roof angle greater than 20 degrees to horizon.
21. Walls that are fire-rated shall extend through exterior
studs to sheathing at combustible walls and may terminate
at underside of roof deck when fire retardant treated
plywood for 4'-0". on either side of wall, and roof covering
of Class C rating or better is provided.
22. Floor/ceiling assembly connecting offset fire rated wall
assemblies shall carry the same rating (in hours) as the
walls.
23. Combustible Stair Enclosures: Combustible materials
protected with component materials to give required fire
rating shall be continued through combustible floor
construction to provide for continuous fire rated enclosure
with firestopping at systems interfaces.
24. (Continuity) Fire rated assembly shall be continued from
rated floor/ceiling assembly below to the floor/ceiling or
roof/ceiling assembly above.
25. Exterior walls acting as part of fire rated enclosure shall
conform to exterior wall rating.
•
Elgin "Exhibit X"
11/8/88, Page 7
26. Duct and Pipe Shaft: Groups of 2 or more pipes or any
ducts which penetrate two or more floors shall be enclosed
in a one hour fire rated shaft.
27. Openings in horizontal rated assemblies for non-
combustible pipes, ducts or electrical lights and
outlets shall be allowed if the area of the opening is less
than 100 square inches in any 100 square feet of area.
Ducts shall have fire dampers. Bathroom and kitchen
exhaust fans shall be considered to be of protected
construction if they are housed within a 20 gauge sheet
metal enclosure with all seams and openings into the
enclosure caulked with an approved fire rated sealant.
28. Firestopping and Draftstopping shall be required at
concealed spaces in walls and at floor/wall interface with
any one of the following:
(2) nominal 1" wood with staggered joints.
(1) 3/4" plywood with 3/4 plywood over joints. (1) 1/2"
gyp board or 3/8" plywood. For draftstopping at
corridor/tenant wall interface, only one corridor wall is
required to
be tight to floor above.
29. Attic Access shall be 22" x 30" to each separate area.
30. Fire Protection Systems:
System is not required by BOCA but by City Ordinance and
will apply to this project as follows: Provide the system
in accordance with NFPA 13 for Ordinary Construction,
further defined as:
1 head for every 130 square feet of Public Hallways,
Storage Areas and Mechanical Equipment Rooms.
1 head at the highest ceiling and 1 head beneath the
lowest landing of public stair wells.
1 head at the ceiling over the opening between floors in
the Public Hallways.
The systems will be supplied from the domestic water system
with not more than 20 heads from any one service connection
and with appropriate water pressure to meet the design flow
requirements. There will be a check valve provided to
prevent contamination of the domestic water supply. No
fire department connection will be provided. There will be
an exterior alarm bell, but no fire department alarm
connection will be required.
No fire protection systems will be required in dwelling
unit kitchens, garages, or at any other locations than
those listed above.
•
' Elgin "Exhibit X"
11/8/88, Page 8
31. Fire Alarm Systems:
The only requirements shall be to provide smoke
detectors powered by the building's 120 volt electrical
system. The smoke detectors shall be located one per floor
of every dwelling unit, at the sleeping areas, except that
if the sleeping areas are separated on any floor there
shall be one detector at each.
No other smoke detectors or fire alarm systems will be
required.
32. Energy Conservation requirements from BOCA have been
deleted by city ordinance and do not apply to this project.
33. Remoteness of Location of exitways shall be deemed to meet
the intent of BOCA sections 807.3 & 812.4.
34. Fire extinguishers shall be provided on each level
of Public Hallways adjacent to each stairway.
35. Burglary Security Code:
All doors from Garages and from dwelling units to the
exterior or to public hallways shall have self-locking
deadlocks. Public exitways shall be capable of being
locked against access from the exterior but operable from
inside.
Dwelling Unit entry door from Public Corridor:
a. Must be solid core 1-3/4"
b. 1" throw deadbolt and self-locking dead latches with
1/2" throw.
c. Doorscope required at unit entry door or vision panel.
d. Vision Panels within 40" of inside locking device =
burglar resistant glazing. e. Hinges to have non-
removable pins. f. Frames to be 16 ga. metal and
constructed to prevent violation of strike or keeper.
g. Unit entry doors to have closers.
Forced entry resistance = AAMA 1303.4
Lock at meeting rail.
Windows
a. When locked, window cannot be removed from frame.
b. Forced entry resistance = AAMA 1302.4.
c. Glass = 1/4" thick minimum for glass walls.
d. Louvered not allowed within 8' of ground.
•
Elgin "Exhibit X"
11/8/88, Page 9
Storage Areas
a. Solid Walls, no glass.
b. Locked Door (padlock okay) .
c. Vandal proof screws and non-removable pins on hinges.
36. PVC piping including all accessories, assembly systems and
required sealant and adhesive systems shall be allowed for
plumbing waste and fire protection piping systems.
C. The City and Developer agree that the Recreation Center
(see attached drawings exhibit Y and Z) shall be classified and
determined to be governed through interpretation or variance
procedure by the following:
1. Use Group Classification = A-3
2. Construction Classification = 5B
3. Fire Resistance Rating (in hours)
Exterior walls = 0
Fire Separation Assembly = 2
Enclosure of exit hallways and stairs = 2
Party Walls = 2
Exit Access Corridors = 0
All other Bearing and Non-bearing interior and
exterior walls = 0
Floor Construction = 0
Wall Construction = 0
4. Actual Building = 3,427 Square Feet
Actual Height = 1 story and 20' +/-
Allowed Area = 4,200 Square Feet
Allowed Height = 1- story and 20'
Type 5B is o.k.
5. Opening in Exterior walls need not be protected or
rated.
6. Separation between Maintenance Garage and Locker Room area
to be 2 hour fire rated with no connecting openings.
7. No Automatic Fire Alarm System is required. No smoke
detectors are required.
8. Provisions for Handicapped and Aged:
Environmental Barriers Act State of Illinois supercedes
section 512.
Elgin "Exhibit X"
11/8/88, Page 10
Entrances and Doors
Minimum door width = 3'-0"
Minimum Vestibule = 4'-0" + width of any door
swinging into vestibule. .
Minimum dimension perpendicular to door =
door + 1'-6"
Door matts and grates shall not be barriers.
If door closer is provided, must have 5 second
hold open delay.
Door opening handles shall not require grasping or
twisting of wrist.
Interior Circulation Routes
Drinking fountains, public toilet rooms,
fire alarms, public telephones, and vending
machines must be located on accessible paths of
travel.
Minimum Hall width = 3'-0"
No objects shall project into 3'-0" minimum
width.
Ramps: same as for apartment buildings.
Handrails and Guardrails: see apartment buildings.
Public Toilets
Modesty barriers at entrances shall allow for
minimum 3'-6" passageways.
1 handicapped toilet stall required for each sex.
Toilet bowls elongated type.
Provide grab bars at Handicapped toilets and
showers, per figure 8.1.7B.
Stall size of Handicapped toilets = per
8. 1.7B and C.
9. Means of Egress
Occupant load assumes 1 person/50 square feet.
Same as vocational classroom except 1/15 square feet at
Lounge.
Occupant load = 3,427 sq. ft.
- 860
2,567 square feet
2,567/50 = 51.34
860/15 = 57.33
109.67 = 110 persons
Provide two exits from each half of building and two exit
from Lounge. Exits to be remote from
each other.
The corridors in this building need not be fire rated.
•
k• • • Elgin "Exhibit X"
• 11/8/88, Page' 11
• 10. Fire dampers required where ducts penetrate fire wall. .
11. Provide draftstop tight to deck at separation of Lounge
wing to exterior enclosed passage way.
12. Items 6, 11, 13, 14, 17-21, 24, 25, and 27 from B
(Apartment Buildings) also apply to the Recreation Building.
Code.
Environmental Barriers Act, State of Illinois, May, 1988,
shall apply to the Recreation Building.
•
END OF EXHIBIT X
•
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JOHNSTON
ASSOCIATES
INC.
1 December 12, 1988
Mr. Howard Borde
Attorney at Law
415 N. LaSalle
Chicago, IL 60610
Re: South Grove Redevelopment
Elgin, IL
Dear Howard,
At your request we provide the following description of exterior materials
for the apartment buildings on the subject project:
Exterior Walls -- Face brick to the second story window sill height with
cement or synthetic stucco above that height. As an alternative
• the entire wall system may be cement or synthetic stucco.
Doors and Windows -- Clad wood or prefinished metal with clear insulated
glazing.
Exterior Trim -- Prefinished metal soffits, fascias, gutters, and
downspouts.
Roofing -- Asphalt or fiberglass shingles.
Porch Railings -- Wrought iron.
If we can be of further assistance, please contact me.
Sin�-erely y s,
Richard Lehman
•
Architects&Planners
1910 Higgins Road
;Park Ridge,Illinois 60068
312.69 .3770