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96-175 Resolution No. 96-175 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENTS WITH VARIOUS PROPERTY OWNERS TO PROVIDE FOR A LOCAL IMPROVEMENT ON BUCKEYE STREET WHEREAS, it has been determined by the City Council of the City of Elgin that it is necessary and desirable to make certain local improvements along and upon Buckeye Street between Crystal Street and the east dead-end in the City of Elgin, Kane County, Illinois; and WHEREAS, said local improvement will consist of pavement reconstruction, along with curb and gutter, sidewalk, storm sewer and sod restoration; and WHEREAS, the City Council of the City of Elgin desires to avoid a special assessment by entering into agreements with the following owners of the real property against which such special assessment would be levied: Name Address James Richardson 665 Buckeye Street Lowell Naber 678 Buckeye Street WHEREAS, said owners have agreed to participate in the financing of said local improvement upon the terms and conditions contained in the agreements which are attached hereto and made a part hereof by reference; and WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the 1970 Illinois Constitution and is thereby authorized and empowered to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, entering into an agreement in lieu of special assessment with various property owners to provide for certain local improvements pertains to the government and affairs of the City of Elgin; and WHEREAS, both the owners and the City of Elgin will realize substantial economic savings if the local improvements can be constructed by agreement and without the use of a special assessment. NOW, THEREFORE, 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, empowered and directed to execute the attached agreements, which are hereby incorporated by reference. BE IT FURTHER RESOLVED that the City Clerk shall cause these agreements to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois . BE IT FURTHER RESOLVED that these agreements shall constitute a lien upon the real property described therein until the sums indicated in Paragraph 4 of the agreements are paid in full . s/ Kevin Kelly Kevin Kelly, Mayor Presented: June 12, 1996 Adopted: June 12, 1996 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD KANE j!iN171, ILL. 96K052058 96 JUr__ 2 2 PF1 12: 1 5 RECORDER , AGREEMENT IN LIEU OF SPECIAL ASSESSMENT BETWEEN JAMES RICHARDSON AND CITY OF ELGIN V) After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 I:L-152058 j. • ,-• AGREEMENT IN LIEU OF SPECIAL ASSESSMENT This agreement, made and entered into on the/5-day ofip/if , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersigned owner of record of property hereinafter described, hereinafter referred to as "Owner; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon Buckeye Street, between Crystal Street and the east end, consisting of pavement reconstruction along with curb and gutter, sidewalk, storm sewer and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: EAST 3 FEET OF LOT 3 AND ALL OF LOT 4 IN BLOCK 5 OF SUMMIT ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS and commonly known as 665 Buckeye Street which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of Buckeye Street above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining Buckeye Street along the area to be improved. _., 6 i' 3 5 205 8 2. That the City shall cause the construction of a local improvement in the public right of ways known as Buckeye Street in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter, sidewalk, storm sewer and sod restoration. Said construction shall begin no later than July 31, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 31, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 31, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $3,539.57 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $354.02 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $353.95 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the \.13 u52 058 J 1 extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. OWNER STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersigned, aplat � Pyy�lic in and for said County, in the State aforesaid, DO HEREBY CERTIFY that l/• 'c / personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Stag cf__Z __,County of koix1L_ Given under my hand and official seal thish day of - .wu��;,;;t ; (;; s, /s_ day . 1996. qlt-iita- � Notary Publl Cl ci.:-�.� NOTARY Commission Expires .d/02-) , 9 Ab . CITY OF ELGIN, 2Q . 'cls et ATTEST: 9i1491.4.42._ CITY CLERK This document prepared by: Dave Lawry Civil Engineer City of Elgin 150 Dexter Court Elgin, IL 60120 2 4( : 52058 W3(110332.1 -11,/,''eake7 51 *2\ ZZ-lckr 8OZS0196 .11\ \03 31N,A `80,:A t111\ • FILED FOR RECORD •,(,A.Hf7: cr:11!-:1Y. 96K052059 j11, Fir: 1 5 RECORDER AGREEMENT IN LIEU OF SPECIAL ASSESSMENT BETWEEN LOWELL NABER AND CITY OF ELGIN V1 After recording return to : Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 6-6'74a- n Q L., -, . . AGREEMENT IN LIEU OF SPECIAL ASSESSMENT . . t This agreement, made and entered into on the _ _ day of MaA . , 1996 by and between the City of Elgin, hereinafter referred to as"City"; and the undersig ed owner of record of property hereinafter described, hereinafter referred to as "Owner"; witnesseth: WHEREAS, Owner and City mutually agree that it is necessary and desirable to make local improvements along and upon Buckeye Street, between Crystal Street and the east end, consisting of pavement reconstruction along with curb and gutter, sidewalk, storm sewer and sod restoration; and WHEREAS, said improvements could be paid for by special assessment upon the adjoining properties benefitted thereby; and WHEREAS, Owner is owner of record of certain real estate fronting and/or abutting on the portion proposed to be improved, more specifically described as: LOTS 5, 6, 7, 8 AND 9 IN BLOCK 2 OF SLTMMIT ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. and commonly known as 678 Buckeye Street which would be subject to special assessment in the event a special assessment was levied; and WHEREAS, City and Owner desire to enter into an agreement in lieu of special assessment providing for the sharing of costs for the replacement, construction and maintenance to the said portions of Buckeye Street above described upon the terms and conditions contained herein; and WHEREAS, that portion of the cost of the proposed improvement to be borne by Owner is anticipated to be less than the cost of making the improvement by special assessment. NOW, THEREFORE, it is agreed by and between City and Owner that: 1. For purpose of this agreement "abutting owners" shall be those persons who are owners of record of the real property fronting and/or adjoining Buckeye Street along the area to be improved. _:i 6 1c 0 520 5 9 2. That the City shall cause the construction of a local improvement in the public right of ways known as Buckeye Street in the City of Elgin, County of Kane, Illinois, consisting of pavement reconstruction, along with curb and gutter, sidewalk, storm sewer and sod restoration. Said construction shall begin no later than July 31, 1996 provided, however, the City shall have no duty to make or cause said local improvements unless all abutting owners have entered into agreement with the City on terms and conditions as contained herein, no later than May 31, 1996. 3. In the event all abutting owners fail or refuse to enter into a written agreement with the City on or before May 31, 1996 as provided in paragraph 2 above, City, may reject all agreements previously entered into including this agreement for said local improvements in which case abutting owners and Owner shall be released from the terms and conditions of this agreement. 4. Owner agrees to pay and shall pay $21,321.28 as his share of the cost for said improvements. Payment shall be made in full within sixty (60) days of the execution of this agreement by both Owner and City; provided Owner may, at Owner's option, pay Owner's share of the cost of improvements by payment in ten installments with interest at a rate of seven (7) percent per annum. Interest on all outstanding balance shall begin accruing on the date 60 days after the execution of this agreement. Should Owner choose to pay by installment, the first installment shall be due on or before January 2, 1997 and shall be a sum equal to $2,132.20 plus seven (7) percent interest as provided above. All subsequent installments shall be made on or before January 2 of each subsequent year for nine (9) subsequent years and shall be a sum equal to $2,132.12 plus interest as provided above. Provided, that Owner may, at any time, pay the entire outstanding balance, including any accrued interest and shall then be relieved of any further obligations hereunder. 5. Owner's payment shall be made at the office of the City Finance Director, 150 Dexter Court, Elgin, Illinois. 6. That this agreement, upon execution, shall be recorded with the Recorder of Deeds at Kane County, Illinois and shall constitute and be construed as a lien agreement in lieu of special assessment as security for payment of Owner's share of the improvement described herein. This agreement shall constitute a lien upon the property legally described herein to the 3 6 052059 extent of Owners commitment in paragraph 4 above until same is paid in full. A legal description of property subject to said lien is attached hereto and made a part hereof by reference. This agreement shall be binding on Owners, successors, heirs and assigns. OWNER STATE OF ILLINOIS ) SS COUNTY OF KANE ) ACKNOWLEDGEMENT I, the undersign9d, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that lxwei/ b. ?Jakatt.) personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 6-day of //lay. 1996. Stat>' f J L � s '* :f_.Aiai e1 Sud .e. .,.., 1 ray .l. 1 _ id ! '. _i . 2) of 1 1 l ', - NOTAR Notary '1.1 Sine, pl4Ii2, Commission ExpiresThLiv ,,'�.1`/ . CITY OF ELGIN, ATTEST: 9i44.04,.._ Ate-At/a-- CITY CLERK This document prepared by: Dave Lawry Civil Engineer City of Elgin 150 Dexter Court Elgin, IL 60120 =' u1; 052059 r %.0 . :7. • -..0 L'd - " C • CP %.0 C4 1r) 0'1 . , .r El - ,6,Liiibl ____C , ,. *, Agenda Item No. 1 ivc ,,, ,, , ,l,„. , May 16 , 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreements in Lieu of Special. Assessment for the Reconstruction of Buckeye Strleet between Crystal Street and the East Dead-end PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider approving the subject agreements with two property owners on /�► Buckeye Street for street improvements . f BACKGROUND The Royal/Adeline Rehabilitation Project was awarded to Arrow Road Construction of Mount Prospect on February 14 , 1996 . Included as Attachment 1 is a copy of the Council memorandum relative to the contract award for this project . As noted in the memorandum, this project included the reconstruction of Buckeye Street between Crystal Street and the east dead-end . A copy of the location map is included as part of Attachment 1 . There are two property owners affected by these agreements . Since the construction contract was awarded, the two property owners have responded affirmatively 6 participation with a Special Agreements in Lieu of Special Assessment . Copies of the two agreements are included aS Attachment 2 . The agreements are based upon the Policy for the Improvement of Unimproved Public Rights-of-Way adopted by the City Council in 1993, a copy of which is included as Attachment 3 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED The two property owners on Buckeye Streit. ri Agreements in Lieu of Special Assessmen May 16 , 1996 Page 2 FINANCIAL IMPACT The cost of improvements to this bloc of Buckeye Street is $93, 154 . 70, which will be included as •hange Order No. 1 with Arrow Road Construction. The two 1.roperty owners will contribute $24 , 860 . 85 to the improvem:nt costs via the two agreements . Moneys received will •e deposited to the Riverboat Fund, the original fund'ng source for the improvements . LEGAL IMPACT None. ALTERNATIVES The following alternatives are availa.le for City Council ' s consideration in lieu of the agreements No Build: The agreements may be rej :cted and the roadway improvements not accomplished under the existing construction contract with Arrow Road Construction. a. Advantages : By not proceeding with the agreements and the improvements , the City will not -pend $68 , 293 . 85 . (The cost of improvements less the agree ent amounts . ) b. Disadvantages : The one block of Buckeye Street will remain unimproved. Alternate Improvement Options : The following alternatives exist for accomplishing the improvements for the one block of Buckeye Street. 1 . Improvements may be accomplished enuirely at City expense. a. Advantages : 1 ) The two property owners will be pleased; 2 ) staff time i administering the agreements will be saved. b. Disadvantages : The City has abo t 30 . 2 miles of unimproved streets . It might b- difficult to proceed with Special Assessments or . greements in Lieu of Special Assessments, if exce.tions are made and selected streets only are impro ed at City expense. . Agreements in Lieu of Special Assessment May 16 , 1996 Page 3 2 . Improvements may be accomplished by .pecial Assessment . a . Advantages : None. b. Disadvantages : 1 ) The "overhead ' associated with the Special Assessment process wil result in a higher project cost and higher as-essment against the property owners; 2 ) improvement- . would be delayed by two years in order to comp y with the Special Assessment process . RECOMMENDATION It is recommended that the City Council approve the following agreements and request the City Manag-r and City Clerk to execute the agreements on behalf of the ity with: 1 . Kinney Electric, 678 Buckeye Stre-t Lawell Naber, President 2 . James Richardson, 665 Buckeye Str-et Respec fully submitted, James . Kristiansen Public Works Director Richard B. Helwig City tanager DL/do Attachments 1996 Resurfacing Royal / Adeline r Limits of Alternate Bid Project QjZ BUCKEYE ST. 1 -� va Q eke PINE ST. r PINE ST. cry NO SCALE J J W U } I p 0 MN m N-A S T.