HomeMy WebLinkAbout96-0720 RSH Properties 96-c o
Ragree/Sidewalk. 315
Draft 7/17/96
AGREEMENT
THIS AGREEMENT is made and entered into this T J day of
dPr- , 1996 , by and between the City of Elgin, Illinois, a
7ni ipal corporation in the County of Kane and State of
Illinois, and RSH Properties, ( "owner" ) , witness :
There now exists an elevated sidewalk adjoining the
property commonly known as 315 DuPage Street (the "property" )
which is in such an advanced state of deterioration as to
require its replacement; and
The City of Elgin desires to replace the elevated
sidewalk and its attendant retaining wall and column and beam
supports with a new structure of modern design constructed to
handle the present demands; and
The new elevated sidewalk at 315 DuPage Street adjoining
the owner' s property will require the City of Elgin to
dismantle and replace certain appurtenant structures or
improvements benefiting the owner that are attached to the
current elevated sidewalk, and located in the City of Elgin' s
right-of-way and the property including, access bridges and
railings, stairways, retaining walls and sidewalks and/or
fencing extending perpendicularly from the street;
NOW, THEREFORE, in consideration of the mutual promises
and covenants set forth it is agreed:
1 . The City of Elgin agrees to remove, install, or
replace at its own expense, any appurtenant structures or
improvements benefiting the owner that are attached to the
current elevated sidewalk located in the City of Elgin' s
right-of-way and the property including, access bridges and
railings, stairways, retaining walls and sidewalks and/or
fencing extending perpendicularly from the street;
2 . Owner grants to the City of Elgin, its contractors,
agents, or employees the right to enter upon the property of
owner adjoining the elevated sidewalk for the purpose of
replacing the elevated sidewalk and its attendant retaining
wall and column and beam supports with a new structure of
modern design, and for the purpose of removing, installing, or
replacing any appurtenant structures or improvements
benefiting the owner that are attached to the current elevated
sidewalk and located in the City of Elgin' s right-of-way and
the property including, access bridges and railings,
stairways, retaining walls and sidewalks and/or fencing
extending perpendicularly from the street.
3 . Owner releases the City of Elgin from all liability
for damages to the abutting property of owner that may arise
out of the replacement of the elevated sidewalk and its
attendant retaining wall and column and beam supports and the
removal, installation or replacement of any appurtenant
structures or improvements benefiting the owner that are
attached to the current elevated sidewalk and located in the
City of Elgin' s right-of-way and the property including,
access bridges and railings, stairways, retaining walls and
sidewalks and/or fencing extending perpendicularly from the
street, and any other resulting changes and conditions,
excepting any physical damage to property of owner caused by
negligence on the part of the City of Elgin or its contractors
or agents .
4 . Upon completion of work, owner agrees to execute,
and the City of Elgin to record, a covenant running with the
land binding the owner, any future owners, encumbrancers,
their successors, heirs or assignees to maintain the
appurtenant structures or improvements benefiting the owner
that are attached to the elevated sidewalk and located in the
City of Elgin' s right-of-way of the property including, access
bridges and railings, stairways retaining walls and sidewalks
and/or fencing extending perpendicularly from the street.
5 . Owner acknowledges full satisfaction for all such
liabilities, claims, demands, actions and causes of action, if
any, that may subsequently accrue as a result of the
construction and existence of the above-mentioned elevated
sidewalk and appurtenant structures or improvements attached
to it benefiting the owner.
In witness whereof, the parties aye caused this
agreement to be executed this 1 J day of , 1996 .
CITY OF ELGIN RSH PR PE
By
City Manager
Attest:
City Clerk
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