00-100 Resolution No. 00-100
RESOLUTION
AUTHORIZING EXECUTION OF AN ACCESS AGREEMENT WITH THE
LOYAL ORDER OF MOOSE
(925 S . McLean Boulevard)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Joyce A. Parker, City Manager, 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 the Loyal Order of Moose for access to the real estate
located on the east side of McLean Boulevard consisting of
13 . 17 acres and commonly known as 925 S . McLean Boulevard for
the purposes of conducting inspections and tests, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 26, 2000
Adopted: April 26, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RAGREE/MOOSE
DRAFT 4/4/00
ACCESS AGREEMENT
THIS AGREEMENT made and entered into this 7th day of
April , 2000 , by and between the City of Elgin,
Illinois, a municipal corporation (hereinafter referred to as
"City") and the Loyal Order of Moose, an Illinois
not-for-profit corporation (hereinafter referred to as the
"Owner" ) .
WITNESSETH:
WHEREAS, the Owner is the owner of the real estate
located on the east side of McLean Boulevard, consisting of
approximately 13 . 17 acres with a residence and commonly known
as 925 S . McLean Boulevard, Elgin, Kane County, Illinois, such
property being depicted on Exhibit A attached hereto
(hereinafter referred to as the "Subject Property) ; and
WHEREAS, the City has advised the Owner that the City is
interested in the acquisition of the Subject Property for the
possible relocation of the City' s Public Works facility
thereon; and
WHEREAS, the City has requested and the Owner has agreed
to allow the City access to the Subject Property for the
purposes of conducting certain tests and examinations thereof
pursuant to the terms and conditions of this agreement .
NOW THEREFORE, for and in consideration of Ten Dollars
($10 . 00) in hand paid, and 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 incorporated in this
agreement in their entirety.
2 . That the Owner agrees to allow the City, its
employees, agents and contractors access to enter upon the
Subject Property to make such inspections of the Subject
Property as the City deems necessary or desirable, including
without limitation, geotechnical studies including soil
borings to explore soil conditions, drainage tests, surveys,
feasibility studies, site design studies, environmental
studies and inspections of utilities .
3 . The City shall promptly restore such areas so
inspected on the Subject Property as near as may be to the
condition such areas were in immediately prior to making such
inspections .
4 . The City agrees to indemnify and hold harmless Owner
from any loss, cost, expense or damages arising from the
City' s inspection activities on the Subject Property.
5 . Upon completion of the City' s inspections of the
Subject Property and the reports relating thereto the City
shall provide to the Owner copies of all geotechnical studies
including soil borings, surveys and environmental reports at
no cost to the Owner.
6 . The City' s right of access to enter upon the Subject
Property and to make inspections as provided herein shall
commence upon execution of this agreement and shall terminate
without further action of the parties 120 days thereafter.
7 . This agreement constitutes the entire agreement of
the parties on the subject matter of access to and
investigations of the Subject Property and may not be changed,
modified, discharged or extended except by written amendment
duly executed by the parties . Each party agrees that no
representations or warranties shall be binding upon the other
party unless expressed in writing herein or in a duly executed
amendment hereof .
IN WITNESS WHEREOF, the parties have entered into and
executed this agreement on the date and year first written
above.
CITY OF ELGIN THE LOYAL ORDER OF MOOSE
By: By:
Ci y Manager Its Auti• ; zed Representative
Attest :
City Clerk
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