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Home My WebLink About97-202 Resolution No . 97-202 RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS AGREEMENT WITH GRAZIANO PARTNERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Access Agreement on behalf of the City of Elgin with Graziano Partners for site grading at Lot 43 of the Fox Bluff Corporate Center, a copy of which is attached hereto and made a part hereof by reference . s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 13 , 1997 Adopted: August 13 , 1997 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 1 1111, ACCESS AGREEMENT This Agreement entered into by and between the City of Elgin, Seller, (hereinafter referred to as the "City" ) and Graziano Partners , Purchaser, (hereinafter referred to as "Graziano" ) this _I?. day of August, 1997 . WHEREAS , the City and Graziano are parties to a certain Contract for the sale/purchase of certain real estate legally described as : "Lot 43 of Fox Bluff Corporate Center in the City of Elgin, Kane County, Illinois" , effective May 29 , 1997 ; and, WHEREAS , the parties have heretofore agreed to extend the Purchaser' s contingency date as set forth in paragraphs 11 and 12 from July 13 , 1997 to August 15 , 1997 ; and, WHEREAS , the originally scheduled closing date has been extended to August 29 , 1997 subject to such other provisions of the Contract as pertain to additional extensions thereof; and, WHEREAS , Graziano has heretofore deposited with the City the total sum of $170 , 000 . 00 pursuant to the provisions of paragraphs 3A & B of the aforesaid Real Estate Contract with said funds to remain refundable until August 15 , 1997 subject to Graziano' s contingencies inspection; and, WHEREAS , paragraph 25 of the Agreement requires that Graziano initiate construction of a building upon the aforesaid described real estate on or before June 1 , 1998 and said paragraph further provides that completion of "site mass grading" on or before June 1 , 1998 , shall constitute initiation of construction in conformity with said paragraph; and, WHEREAS , Graziano has been advised by it' s respective architects and contractors that grading and excavating, tree removal, installation of underground site plumbing and utilities , installation of site concrete and asphalt paving and preliminary foundation work during the months of August, September and October, 1997 will facilitate and expedite Graziano' s contemplated construction of building improvements ; and, WHEREAS , Graziano desires to commence said grading and excavating, tree removal, installation of underground site plumbing and utilities , installation of site concrete and asphalt paving, and preliminary foundation work commencing in August of 1997 in furtherance of it' s contractors and architects recommendations ; and, WHEREAS , Graziano wishes to provide for access to the subject premises in August, 1997 , prior to the contemplated closing of the sale/purchase transaction to perform the aforesaid work; NOW, THEREFORE, in consideration of the mutual promises and covenants as hereinafter contained and as otherwise contained in the Sale/Purchase Agreement between the parties effective May 29 , 1997 , it is hereby agreed as follows : 1 . That the City hereby grants Graziano and/or it' s agents and contractors access to enter upon the above and herein described property for the purpose of performing grading and excavating, tree removal , installation of underground site plumbing and utilities , installation of site concrete and asphalt paving, and preliminary foundation work. 2 . Graziano acknowledges that the performance of any and all work as set forth herein above in paragraph number 1 shall be at Graziano' s sole risk and expense subject to the provisions of paragraph 25 of the Sale/Purchase Agreement effective May 29 , 1997 , and in conformity with all applicable construction ordinances , including but not limited to planning requirements of the City. 3 . Graziano and/or it' s agents , contractors and architects agree to obtain and maintain General Public Liability Insurance in an amount not less than $1 , 000 , 000 . 00 to protect all parties , including but not limited to the City from claims arising from such matters as said insurance relates . Graziano and/or its agents , contractors and architects shall provide certificates of insurance evidencing such coverage prior to entry on and access to the subject premises . 4 . Graziano shall indemnify, defend and hold the City harmless from and against any and all loss , damage, liability and expense (including reasonable attorney' s fees , court costs and other litigation expenses) which the City may suffer, sustain or incur arising from property damage or personal injury or the filing of liens or claims of lien against the subject premises resulting from the activities to be performed by Graziano and/or it' s contractors , agents or architects . 5 . Except as may specifically be provided herein, this Agreement for Access to the subject premises shall not otherwise modify or amend the written Sale/Purchase Agreement between the parties effective May 29 , 1997 . IN WITNESS HEREOF, the parties have placed their hands and seals the date first written above. SELLER: PURCHASER: THE CIT OF ELGIN GRAZIANO PARTNERS By: Mayor Attest: - e A eb-r- City Clerk A(0 OF � it Ezo �� Agenda Item No. o _ 2) SP4,11: - City of Elginti "1TCDt<s August 5, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Lot 43 Access Agreement with Graziano Partners PURPOSE The purpose of this memorandum is to present to the Mayor and City Council members an access agreement with Graziano Part- ners for Lot 43 at the Fox Bluff Corporate Center. The agreement would permit Graziano to initiate site grading on Lot 43 prior to closing on the property. BACKGROUND The City of Elgin and Graziano Partners entered into a real estate agreement for the sale of Lot 43 at Fox Bluff on May 28, 1997 . The closing date for the transaction has been extended from July 31, 1997 to August 29 , 1997 . The change in the closing date is due to the discovery and removal of an underground tank and contaminated soil at the site . In order to meet its construction schedule, Graziano must have access to the site to begin site grading prior to the August 29 , 1997 closing date . The proposed agreement contains the following provisions : 1 . The contractor for Graziano may access the site to perform grading and excavating, tree removal, installa- tion of underground site plumbing and utilities , instal- lation of site concrete and asphalt paving and prelimi- nary foundation work. 2 . The work performed by Graziano is at their risk and expense, subject to the terms and conditions of the real estate sales agreement. 3 . Graziano and their contractor shall provide all necessary insurance coverage. 4 . Graziano shall provide all necessary indemnifications for the City of Elgin. Lot 43 Access Agreement (Graziano) August 5 , 1997 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT (711 Section 25 of the real estate contract provides that if Graziano fails to initiate construction by June 1, 1998 , the City may purchase Lot 43 from Graziano at the original pur- chase price plus such sum as Graziano shall have expended for reasonable site preparations and/or site balancing. Comple- tion of site mass grading on or before June 1 , 1998 shall constitute initiation of construction at the site. LEGAL IMPACT None. ALTERNATIVES 1 . Request Graziano to close on the property prior to initiating construction. ` 2 . Approve the requested access agreement. RECOMMENDATION Authorize staff to enter into an access agreement with Graziano Partners . Res ctfully submitted, 4flecr..4) Raymond H. Moller Director of Business Services roperties Rob rt 0. Malm Interim City Manager RHM/skg Attachment