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75-1004 Sidewalk Vault 4 - Z i r "45—to "T AGREEMENT THIS AGREEMENT, made and entered into this 1 day of ,eiypi.. , 1975, A.D. by and between the City of Elgin, a municipal corporation, hereinafter called "CITY" and Edward A. Dohring, hereinafter called "OWNER". WITNESSETH FT WHEREAS, the City and Illinois Department of Transportation (IDOT) jointly propose to reconstruct Federal Aid Route 23, Illinois Route 31, also known as State Street adjacent to property commonly known as 8, 10 and 12 North State Street, Elgin, Illinois and legally described as: Lot 11 in Block 29 of William C. Kimball's Plat of Elgin in the East Half of Section 14, Township 41 North, Range 8, East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, as part of the improvement designated as F. A. Route 23 (Illinois Route 31) , State Section 1972-25 BRS, City of Elgin Section 89-CS, which is located in #1. Land Sections 11, 14, 23 and 24 of Township 41 North, Range 8 East of the Third Principal Meridian, Kane County; and WHEREAS, the City and IDOT have already entered into an agreement r under which any work outside the travel lanes has been considered as the responsibility of the City and the abutting property owners; and i WHEREAS, the reconstruction of Illinois Route 31 and the channeliza- tion, a new traffic signals and signs at Chicago Street and Highland Avenue ii adjacent to 8, 10 and 12 North State Street, Elgin, Illinois, is considered to be of mutual benefit to IDOT, City and Owner and is in the interest of safety and convenience to the motoring public; and li} WHEREAS, there exists a vault under the sidewalk immediately east of the buildings at 8, 10 and 12 North State Street, Elgin, Illinois; and WHEREAS, it has been determined that in order to construct the parallel parking stalls on the sidewalk above the vault it is necessary to fill the said vault with suitable material from the building line easterly. NOW, THEREFORE, in consideration of the mutual benefits to be derived and the mutual covenants, the parties hereto agree as follows: Page l of 2 i _ t 1. Owner agrees to close all openings in the basement wall at the building line approximately ten (10) feet west of the Illinois Route 31 right- of-way in a manner satisfactory to the City. 2. The City agrees to pay for the cost of: (a) Material and labor for filling the vault in conjunc- tion with the construction project. (b) Material and labor for the construction of parking stalls, curb and gutter, street lights and installation of parking meters. (c) Material and labor for the removal and replacement of sidewalk from the proposed curb to the right-of-way line of Illinois Route 31. (d) Fifty (50%) percent of the material and labor for removal and replacement of sidewalk between the right-of-way line of Illinois Route 31 and the building line at 8, 10 and 12 North State Street, Elgin, Illinois. Material and labor cost is to be determined by the contract unit price awarded to by IDOT under said project. 3. Owner agrees to break all concrete floor inside the vault area to be filled in a manner approved by the City. 4. Owner agrees to pay fifty (50%) percent of the cost of material and labor for removal and replacement of sidewalk between the right-of-way line of Illinois Route 31 and the building line at 8, 10 and 12 North State Street, Elgin, Illinois. Cost of material and labor is to be determined by unit price awarded to by IDOT under said project. 5. This agreement is to be operative from the date of award of the construction contract. • 6. This agreement shall be binding and inure to the benefit of the parties hereto, their successors, heirs and assigns. OWNER ITY OF ELGIN )71-19---1-,--v, /), By ji() Edward A. DoingLeo I. he son V Page 2 of 2