Loading...
HomeMy WebLinkAbout97-87 Resolution No. 97-87 RESOLUTION AUTHORIZING EXECUTION OF A DEFERRAL AGREEMENT WITH GREASE GUARD, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Deferral Agreement on behalf of the City of Elgin with Grease Guard, Inc. for the construction of sidewalks at 180 Corporate Drive, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 26, 1997 Adopted: March 26 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk II DEFERRAL AGREEMENT THIS AGREEMENT is made and entered into this I (13` day of tA,111t , 1997, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and GREASE GUARD, INC. , an Illinois corporation, (hereinafter referred to as "Grease Guard" ) . WHEREAS, Grease Guard is the owner of certain real property located at 180 Corporate Drive, Elgin, Illinois (hereinafter referred to as "Property" ) ; and WHEREAS, Grease Guard is obligated to install a sidewalk (hereinafter referred to as "Sidewalk" ) at the Property pursuant to a site plan previously submitted to City by Grease Guard, which site plan is attached hereto and made a part hereof as Attachment "A" , and in order to lawfully obtain an unrestricted occupancy permit for the Property; and WHEREAS, no other sidewalks are currently in existence adjacent to the Property; and WHEREAS, City has determined it to be in its best interests to provide for the uniform, contemporaneous development of the area adjacent to and surrounding the Property by permitting Grease Guard to delay the construction of the aforementioned Sidewalk. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows : 1 . City shall not withhold the issuance of an unrestricted occupancy permit to Grease Guard for the Property solely on the basis of Grease Guard' s failure to construct the Sidewalk if Grease Guard is in compliance with all other requirements and conditions otherwise required by City and by law at the time Grease Guard applies for such permit. 2 . Grease Guard shall provide a cash deposit or bond in a form reasonably acceptable to City in the amount of Five Thousand Five Hundred Dollars ( $5, 500 . 00) for the cost of the construction of the Sidewalk prior to the issuance of the aforementioned unrestricted occupancy permit. 3 . Grease Guard shall construct the Sidewalk within ninety ( 90) days following written notice from City that City' s Director of Public Works has determined that construction of the Sidewalk is desirable. Such determination of desirability shall be made in the sole discretion of City' s Director of Public Works . In no event shall Grease Guard fail to construct the Sidewalk prior to December 31, 2005 . Upon completion of the sidewalk construction by Grease Guard and acceptance of the sidewalk improvements by the City, the parties agree that the City shall refund any cash deposit or release any bond submitted by Grease Guard as security for completion of the sidewalk improvements . 4 . In the event Grease Guard breaches any of the terms of this agreement City shall be entitled to retain the aforementioned cash deposit or bond to provide for the 2 construction of the Sidewalk upon thirty ( 30) days written notice of its intent to do so. 5 . The terms of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect . 6 . This agreement shall be subject to and governed by the laws of the State of Illinois . 7 . This agreement shall not be construed so as to create a partnership, joint venture, independent contractor, employment or other agency relationship between the parties hereto. CITY LGIN By Cit Manager Attest : idg4.1.1.4.42 City Clerk GREASE GUARD, INC . By Its ? zes Attest : Secreta y 3 • ATTACHMENT "A" 4 L. I t. L Attachment "A" * } r 4 m — i rr 3 i' - , 1! 3 " �_ f'�'r unN h I / 1 B IV Ex I pi * b f riNimmaggisimiiiiiii • II fisPci° el OM c► - ~ ---11 SIGN _h ii �In ik li :: ,, © ,, ee..; 1' r Li 1 ir iii am ow 1111 Nis PROPOSED s STORY MOTEL / f /i/i " h 80 U/�/TS -- rLF-8DE0 ' IV D /r Ikr y rr3kI 0 o • � E 41 , srk 11 lie lifil .0 ii;i �� r IA) +; rt K11Kjy . rr 3 at qlt • W rA % / % 4 ii L J `- �9 cap ;� �+� � Ir i rrPii. ...2 rN :i r111►—t 1. rr "� � «I 3to kaj ACtsRfcm7FBt r I' , - 3 al II 111 k �I� • •iiMW, •. . r 1 48,, br6' r / i n IN8955'41`W 1.69 cl• r �. � ' i �, I rAOFet tf " r City of Elgin Agenda Item No. January 16, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Request for Deferral of Sidewalk Installation - 180 Corporate Drive PURPOSE The purpose of the memorandum is the present to the Mayor and members of City Council a request from Grease Guard, Inc. to defer the City' s sidewalk requirement at their new facility at 180 Corporate Drive. BACKGROUND Grease Guard, Inc. is constructing an office and manufacturing building at the Fox River Business Center which is located east of Route 31 and north of the Tollway. City ordinance requires the construction of sidewalks as part of the site improvements . Buildings adjacent to the Grease Guard facili- ty were built prior to the sidewalk requirement and, thus, any sidewalk built as part of the Grease Guard improvement would not tie into any existing walkway. In 1995 the City Council deferred the requirement for side- walks at the Budgetel Inn site located at 500 Tollgate Road. The City and Elgin Investments, Inc. entered into an agree- ment that required the property owner to provide a cash deposit or bond equal to the estimated value of the sidewalk improvement in exchange for a deferral of the sidewalk re- quirement. A ten-year grace period was granted on the side- walk requirement. Grease Guard estimates the current cost of their sidewalk improvement to be $3, 000 . Based upon a price of $4 . 50/square foot for concrete, the City' s preliminary estimate is $6, 100 for the work. Grease Guard is requesting a deferral of the sidewalk requirement to the point in time that the other property owners in the Fox River Business Center are required to install sidewalks . It is also Grease Guard's preference not to post a cash or performance bond equal to the improve- ment cost. Grease Guard hopes to obtain a temporary occupancy for the builder on January 29, 1997 . Deferral of Sidewalk Request January 16 , 1997 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT If at some point in time the City desires that sidewalks be constructed at the Grease Guard site and the property owner fails to build the improvement, the City would incur the cost. LEGAL IMPACT The only avenue to defer the sidewalk for a reasonable period of time without amending City ordinance is to secure a perfor- mance bond sufficient to cover estimated costs at the antici- pated time of construction. ALTERNATIVES 1 . Authorize a deferral agreement without a bond require- ment by changing Title 13 (streets and sidewalks) of the Elgin Municipal Code, which would then apply to all developments . 2 . Authorize a deferral agreement with a bond requirement. 3 . When the temporary occupancy permit is issued, require a bond for all the unfinished site improvements and a designated completion date. RECOMMENDATION It is recommended that the City and Grease Guard, Inc . enter into a deferral agreement that requires a cash or performance bond covering the cost of the sidewalk installation. Res ectfully submitted 6 iare/7"--fi-- 17/41 Raymond H. Moller Director of Business Services and Properties 4110---) % ! -e?'":. ----ri .---2::) David L. Lawry, P.E. Director of Public W Ro ert O. Malm Interim City Manager RHM/skg v. d. - JRN 14 '7`• 01:6dVM GREASE GUARD P.2/2 ., ::,''..::::*::••:.".:;-'1,-*.i..‘:... 'I ti,:iik:, -rditc. , 'i::•'::. mac:' flyos•.:.•:(i.';''.,?x'grt Systemo ,y>:' i'..�. ''" utt h Road • .. .' ``'.ca gin,iL 60123 tir `°k' 847.931.9500 847.931.9629 FAX 800284.8273 January 14, 1997 Raymond H. Moller City of Elgin 150 Dexter Court Elgin, IL 60120-555 Dear Ray, 1 It was a pleasure talking to you today. We are looking forward to getting into our building with great anticipation and I want to once again thank you for helping us obtain our IRS Financing. Without your help and cooperation this project would not be possible. As we discussed today, we are more than willing to Install sidewalks on our property at the same time the City Council deems It necessary for the other property owners within the Fox River Business Center to install sidewalks. The City of Elgin will have our cooperation at that time to install the sidewalks within the time frame that they'deem frt. What I would like is to have a deferral agreement with the City of Elgin ensuring that Grease. • ' Guard Inc.will install the sidewalk for our site at the same time that all other prop'erty•owners '• -_ within.the business park are having their sidewalks.installed. I would fur`ther.like.this ' . • a reemen : ' ' agreement its entire to cover the necessity for •� . tY anydown a me o' • �Y p y nt rbonci.�Aswe • discuss'ed'today, the cost for sidewalks on our site would be approximately $3;0OO O0.and•1.::•.' really don't think that a bond would be necessary for this amount of money. °I-would:liope:that . ' as a vital business entity to the Elgin community, that a signed contract from.myse11 would:'••' suffice for the City Council to meet the needs they have and•the criteria for•this ordinance.• .. As I mentioned to you,we would like to see sidewalks throughout our entire business park. :It ' would have a nice health and fitness value for people who choose to get exercise:during their • : ; • lunch breaks. I understand that you will be meeting with the City Council on the 22nd and I just want to ' remind you that we are lookingfor final occu panty bythe 27th of Januarywith a move-In date of the 29th of January. If you would please follow up with me after the City Council.meeting so we ca n start the draft of cur agreement 9 With the City of Elgin. Once again Ray, thank you for your cooperation in this matter and I look forward to talking with you on the 22nd. , • Sincerely, an L. Jodoin 7,2----'' President JLJIekh MIS/Finance Parcel Information of Section 03q34 Source:Kane County Jan 17,1997 City of Elgin • ... 1...., , ..1 "IT.•'1 C.C")' .'')'...,.-::-::-:.•-:...<':IO--„'N1 e . o50' S %9* -•.. -8- ..../;ek i •! -..... , / // N.ST •••/ Ogfg 1.dgn il .....•''''''' ..„. Text 0 Text 1 VI..., ,. ---"-----! - ----___ _ -- : -..., , Text 3 ,t---,c,‘ ; 1-------------T___ _ sl '''• Text 5 \" i/' ...... ..114111 OIIIIIIII emgv.L \ I Text a Text 7 . 1 . .. ..,... . • i it'd 8 1 , •• - 11 03,35.dgn • Text 0 • T•rxt 1 .. . _. . . — ----- Text 3 WES I lelenee COM IMF.. 1. •••••—. . 04_ , . i re Text 5 --n-- EL-4.4 corm ME NI . Lb. n 2, l' CI-1 a' D., - i ..ISS re le ell le e •• 11 . .. N*'ll ' , p _thti : . • . 0 ,• aed 3, MI M lee I ' ..-,-- ;. e.RI / i fla ) ,i, OS ....."\•:\'71,... I ir A/03r3A//v50314.dgn i‘i gie Lit I 1 i 1----2,4 2 1. nz , sr r .,is,,----;, : Kr". I .1 i 1 -----4 I: I let . , .: • , / •5;71.,__',.1V---:-.J.• I 92..--_..__......-- I:—IZP-- - -. . n‘ OiLL GA E___1.7,1D : ,.....___________. , eel : .. \)\'''•-• gel . ...... .•,. ;'''".SO„,. eS 11/ SS I 3190 A:\ice c ITT111 Is:143::dd4 9 n /V 4 . , ------i • -• H '. 0? j/.• _.......:;;....... • 'SectIon 0305 Lille • 7....tokri .Z.1'• , ,.. ' './. --------FT /\/ itt / / / • .. \'.. •Z ,,,, • - no ,:r 'Irr# .) 0, vt, HI MI ''"1 ....... .2 SO /cl.' 1 ///\\\ l%.,,'',. '4sED..'...',<I:-.. •e• 1/1 Q.P.'_19,.., 0: "2 el/V" iv i,./ :) .2.. •' . . s.0,. .' 4 :).101/ •,9. itsfv:Secs 9.0,190nonn 0063 eq0342 LL:nn: _ tei",.. /,..)51 V'". ..1'1'.......„..........„1.1• U— ,,, oP .. . . . .1, lel , b."•••••••••,.................... .:1.1.1 S e CS.CS ess i 11°::O.nn,in°00:go 633 ll:.?03035'i 24 I npp:Ilair:Ccce eeeei 1 . . --- I• r 1/4)P -...4'' \ •• is III \•.\\\1/.. .. • tel 0/ i i •___ lee .. . ''I MA?I' V lel Id SW CORI' w.4 1.-'. N. \TWEsr 7 ! i • `\... • •41•WAY II 1:(:•1'')1':i 1 P. ! 1 .• —.7:7--......:....: " I..... ......-:-.:...— __...___M II Fl I II z "--r.,------____ 1 _ IT---77,1 ' i•il I 2:0506._3Z — _ S i A