95-4 Resolution No. 95-4
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT
WITH OLIVE CAN CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Agreement on behalf of the City of Elgin with Olive
Can Corporation for the method of financing a landscaping
project at the Fox Bluff Corporate Center, a copy of which is
attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 11, 1995
Adopted: January 11, 1995
Omnibus Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
• y
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AGREEMENT �L
THIS AGREEMENT entered into this g.,4 day of
1995, by and between the CITY OF ELGIN, an Illinois
municipal corporation (hereinafter referred to as the "City" )
and the OLIVE CAN , an Illinois corporation
(hereinafter referred to as "Olive Can" ) .
WITNESSETH
WHEREAS, the City is an owner and developer of
certain property commonly known as the Fox Bluff Corporate
Center; and
WHEREAS, Olive Can is also an owner of a portion of
said Fox Bluff Corporate Center; and
WHEREAS, Olive Can has provided for landscaping on
its property within the Fox Bluff Corporate Center and
pursuant to the previous consent of the City also has
completed landscaping on certain common area property adjacent
to its property and legally described on Exhibit A hereto; and
WHEREAS, the costs of the landscaping on said common
area totalled $32,815 . 00; and
WHEREAS, in accordance with the covenants or record
regarding the Fox Bluff Corporate Center, Olive Can would be
responsible for 18% of the landscaping costs for said common
area or $5,906 . 70 based on Olive Can' s ownership of acreage
within the Fox Bluff Corporate Center with the City being
responsible for the remainder of said cost of $26 , 908 . 30; and
WHEREAS, in lieu of Olive Can paying 18% of the
landscaping costs for the common area, the parties have agreed
that the City may remove from the Olive Can property at no
charge the dirt pile currently located on the Olive Can
property for use by the City at off-site City properties .
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 hereby
incorporated into this agreement in their entirety.
2 . That the parties hereto agree that the City may
enter upon the Olive Can property and at no cost to the City
may remove the existing dirt pile from the Olive Can property
for use by the City for fill of other off-site City
properties . The City agrees to indemnify and hold harmless
Olive Can for any claims or injuries occurring during the
City' s removal of the dirt pile from the Olive Can property.
The City shall complete the removal of the dirt pile from the
Olive Can property on or before April 30, 1995 .
3 . That the City shall reimburse Olive Can for the
$32 ,815 . 00 cost of landscaping the common area by permitting
Olive Can to deduct this amount from its second installment
payment required to be made to the City in September of 1995
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pursuant to the promissory note to the City dated September 2,
1993 .
IN WITNESS WHEREOF the parties have caused this
agreement to be executed on the date and year first written
above.
OLIVE CAN CORPORATION, an CITY OF ELGIN, an Illinois
Illinois corporation, municipal corporation
1
Titl George" VanDeVoorde, Mayor
Attest: Attest:
4zZ`-^
rfv; j, Sedretary Cit Clerk
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EXHIBIT A
LEGAL DESCRIPTION
Lots 6, 7, 9, 10, 11, 12, 13 and 14 and all of vacated Chamber
Drive and all of vacated Cook Circle in Fox Bluff Corporate
Center being a subdivision on part of Section 27, Township 41
North, Range 8, East of the Third Principal Meridian, in the
City of Elgin, Kane County, Illinois.
Excluding therefrom the following three (3) parcels :
PARCEL 1 :
That part of Lot 12 of Fox Bluff Corporate Center, being a
Subdivision of part of Section 27, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows :
Commencing at the Southwest Corner of said Lot 12; thence
North 00 degrees 54 minutes 05 seconds West, along the West
line of said Lot 12, a distance of 456 . 10 feet for the point
of beginning; thence North 89 degrees 58 minutes 24 seconds
east, a distance of 227 .03 feet to the East line of said Lot
12; thence North 00 degrees 54 minutes 05 seconds West, along
the East line of said Lot 12, a distance of 461.09 feet to the
Northeast corner of said Lot 12; thence South 89 degrees 29
minutes 06 seconds west, along the North line of said Lot 12,
a distance of 2 .91 feet; thence southwesterly, along the
Northerly line of said Lot 12, being along a curve to the left
having a radius of 680.00 feet, tangent to the last described
course, an arc distance of 228.09 feet to the Northwest corner
of said Lot 12; then South 00 degrees 54 minutes 05 seconds
East, along the West line of said Lot 12, a distance of 421.25
feet to the point of beginning, being situated in the City of
Elgin, Kane County, Illinois and containing 101,647 .28 square
feet more or less.
PARCEL 2:
That part of Lot 13 of Fox Bluff Corporate Center, being a
Subdivision of part of Section 27, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows:
Commencing at the Southeast corner of said Lot 13; thence
North 00 degrees 54 minutes 05 seconds west, along the East
line of said Lot 13, a distance of 456 . 10 feet for the point
of beginning; thence South 89 degrees 58 minutes 24 seconds
West, a distance of 137 .99 feet to a point on the
Northwesterly line of said Lot 13 that is 381. 19 feet
northeasterly of the most westerly corner of said Lot 13;
thence North 39 degrees 13 minutes 03 seconds East, along the
said Northwesterly line, a distance of 214 . 12 feet to the most
Northerly corner of said Lot 13; thence South 00 degrees 54
minutes 05 seconds East, a distance of 165. 84 feet to the
point of beginning, being situated in the City of Elgin, Kane
County, Illinois and containing 11,441.29 square feet more or
less.
PARCEL 3:
That part of Lot 14 of Fox Bluff Corporate Center, being a
subdivision of part of Section 27, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows:
Commencing at the most Southerly corner of said Lot 14; thence
North 39 degrees 13 minutes 03 seconds East, along the
Southeasterly line of said Lot 14, a distance of 381 . 19 feet
for the point of beginning; thence North 50 degrees 46 minutes
57 seconds West, perpendicular to the last described course, a
distance of 262 .00 feet to the Northwesterly line of said Lot
14; thence North 39 degrees 13 minutes 03 seconds East, along
said Northwesterly line, a distance of 58.72 feet; thence
Northeasterly, along said Northwesterly line, being along a
curve to the right having a radius of 680.00 feet, tangent to
the last described course, an arc distance of 368.49 feet to
the most Northerly corner of said Lot 14; thence South 00
degrees 54 minutes 05 seconds East, along the East line of
said Lot 14, a distance of 255.41 feet to an Easterly corner
of said Lot 14; thence South 39 degrees 13 minutes 03 seconds
West, along the aforesaid Southeasterly line of Lot 14, a
distance of 214 . 12 feet to the point of beginning, being
situated in the City of Elgin, Kane County, Illinois, and
containing 80, 158. 11 square feet more or less.
El i'*n
Agenda Item No.
r
December 12, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Landscaping Project at Fox Bluff Corporate Center
PURPOSE
The purpose of this memorandum is to request City Council
approval of a revision to the method of financing the Olive
Can Company/City of Elgin landscaping project at the Fox
Bluff Corporate Center.
BACKGROUND
On June 8, 1994, the City Council authorized staff and Olive
Can Company to proceed with the landscaping of the City-owned
retention pond at the Fox Bluff Corporate Center. The
project has been completed at a cost of $32,815 . 00 . The
method of payment that was approved called for the City to
pay 82% of the landscaping cost and for Olive Can to pay 18%
of the cost. The City' s obligation would be funded by allow-
ing Olive Can to deduct $26,908 . 30 from its mortgage payment
to the City. Olive Can would be responsible for a payment of
$5,906 .70 for landscaping costs.
Prior to finalizing the above-referenced agreement, staff
became aware that Olive Can retained on-site a significant
amount of soil that was excavated during the construction of
its building. The City is in need of additional fill at the
site of the soccer fields currently under construction at the
Sports Complex. Olive Can is willing to authorize the City
to remove the excess soil from its property in the Fox Bluff
Corporate Center if the City will increase the credit to the
mortgage payment from $26,908. 30 to $32,815.00. Parks Depart-
ment staff has estimated the value of the fill at the Olive
Can site to be $21,000 . 00.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
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Landscaping Project/Fox Bluff Corporate Center
December 12, 1994
Page 2
FINANCIAL IMPACT
Olive Can would be given a credit against its annual mortgage
payment of $32,815 . 00 for costs attributable to landscaping
the retention pond area.
LEGAL IMPACT
None.
RECOMMENDATION
It is recommended that the City Council authorized the Mayor
to enter into an agreement with Olive Can Company whereby
$32,815 . 00 is credited against Olive Can' s annual payment and
the City of Elgin is authorized to remove the existing dirt
pile from the Olive Can site.
Res tfully-/submitted,
1/cra-5-11�7
Raymond H. Moller, Director
Business Services and Properties
Richard B. Helwig
City Manager
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