HomeMy WebLinkAbout96-40 .
Resolution No. 96-40
RESOLUTION
AUTHORIZING EXECUTION OF AN INDEMNIFICATION AND HOLD HARMLESS
AGREEMENT WITH THE GALVIN FAMILY PARTNERS, L.P. AND
THOMAS J. GALVIN AND BARBARA A. GALVIN
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an Indemnification and Hold Harmless Agreement on
behalf of the City of Elgin with the Galvin Family Partners,
L.P. and Thomas J. Galvin and Barbara A. Galvin to indemnify
the owners from liability related to the survey and soil
boring work to be conducted on the property, a copy of which
is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 28, 1996
Adopted: February 28, 1996
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT entered into this / 4;).-? -- day of
, 1996, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as the
"City" ) and the GALVIN FAMILY PARTNERS, L.P. and THOMAS J.
GALVIN and BARBARA A. GALVIN (hereinafter referred to as the
"Property Owners" ) .
WITNESSETH
WHEREAS, the Property Owners are the owners of
certain real estate consisting of approximately 120 acres
north of 1-90 and adjacent to Randall Road on the west
(hereinafter referred to as the "Subject Property" ) ; and
WHEREAS, the City has requested the Property Owners '
approval to do survey work and soil borings on the Subject
Property to determine the exact location for a proposed
roadway running through the Subject Property and to determine
suitability of the ground for the construction of such a
roadway; and
WHEREAS, the City in consideration of the Property
Owners ' agreement to allow such survey and soil boring work on
the Subject Property has agreed to indemnify and hold the
Property Owners harmless from any and all liability related to
the survey and soil boring work.
NOW, THEREFORE, for and in consideration of the
mutual promises and undertakings as set forth herein, and for
other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties
hereto agree as follows :
•
1 . That the foregoing recitals are incorporated
into this agreement in their entirety.
2 . That the Property Owners hereby authorize the
City of Elgin and its contractors to enter on to the Subject
Property for the purposes of conducting survey work and soil
boring work as part of the planning for a proposed roadway.
3 . That the City shall return the Subject Property
to its original condition following the survey and soil boring
work. The City further agrees and does hereby indemnify and
hold the Property Owners harmless from any and all claims,
actions and causes of action which may accrue or exist against
the Property Owners as a result of the survey and soil boring
work conducted on the Subject Property by the City or its
contractors .
IN WITNESS WHEREOF the parties have executed this
agreement on the date and year first written above.
CITY OF ELGIN GALVIN FAMILY PARTNERS, L.P.
By lk. By
City Manager
Attest: 4.0.4ftv
gOmas J. Galvin
V •
City Clerk
arbara A. Galvin
2
n
Agenda Item No. (1) -- 0R )
f
1
A_ �
February 20, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Hold Harmless Agreement - Galvin Property
PURPOSE
' The purpose of this memorandum is to present to the Mayor and
members of the City Council an Indemnification and Hold Harm-
less Agreement with the Galvin Family Partners .
BACKGROUND
rft The City of Elgin has requested access to property owned by
Thomas and Barbara Galvin in order to conduct survey work and
soil borings to determine the location for a roadway running
through the subject property to serve the Motorola develop-
ment. The property owners have requested that the City indem-
nify and hold them harmless for any and all liability related
to the survey and soil boring work.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
Hold Harmless Agreement - Galvin Property
February 20, 1996
Page 2
RECOMMENDATION
It is recommended that the Mayor and members of the City Coun-
cil authorize the execution of the Indemnification and Hold
Harmless Agreement with the Galvin Family Partners .
Res submitted,
4 20-7e74
Raymond H. Moller
Director of Business
Services and Properties
Richard B. Helwig
City Manager
amp
Attachment