04-65 Resolution No. 04-65
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT T i1 DEVELOPMENT AGREEMENT
WITH PAR DEVELOPMENT, INC. FOR 'I VER PARK PLACE
BE IT RESOLVED BY THE CITY COUNCIL OF T E CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to
execute an Amendment to Development Agreement on b-half of the City of Elgin with Par
Development, Inc. for the development of a residential co .ominium and townhome project on
South Grove Avenue and the Crocker Theater site, a copy o which is attached hereto and made a
part hereof by reference.
s/ Id Schock
Ed chock, Mayor
Presented: March 10, 2004
Adopted: March 10, 2004
Vote: Yeas: 5 Nays: 1
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
rM
DRAFT 2/13/04
AMENDMENT TO DEVELOPMENT AGREEMENT
THIS AMENDMENT TO DEVELOPMENT AGREE ENT is made and entered
into this �� dayof / YL d f,e L , 2104, by and between the
/�
CITY OF ELGIN, an Illinois municipal curporation, (hereinafter
referred to as the "City") , and PAR DEVELIPMENT, INC. , an Illinois
corporation, (hereinafter referred to as he "Developer") .
WITNESSETH
WHEREAS, the City and Developer have previously entered into a
development agreement dated February 13, 2002 providing for the
redevelopment of the city-owned property commonly known as 96 S .
Grove Avenue and the city-owned propert lying within the area
bounded by Lake Street on the south, So th Grove Avenue on the
west, Prairie Street on the north and Wellington Avenue on the east
(such development agreement is hereinaf er referred to as the
"Subject Development Agreement") ; and
WHEREAS, the City and the Developer lave determined it to be
in their best interests to provide for certain amendments to the
Subject Development Agreement pursuant to the terms and conditions
of this Amendment to Development Agreemen .
NOW, THEREFORE, for and in consioeration of the mutual
promises and undertakings contained herein and the mutual promises
and undertakings as contained in the Subje t Development Agreement,
and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowle•ged, the parties hereto
agree as follows :
.
1 . That the City and the Develope agree that the Subject
Development Agreement be and is hereby amended as follows :
A. Paragraph 4A of the Subject Development Agreement be
and is hereby amended by amending the last sentence thereof to
read as follows :
"The time of closing fo Parcel 1 of the
Redevelopment Property shall b: within sixty (60)
days of the latter of: (1) the lity completing the
acquisition of 122 S . Grove Av-nue; (2) the City
obtaining pursuant to the Stat- of Illinois Site
Remediation Program a No Further Remediation Letter
for a residential standard for Parcel 1 of the
Redevelopment Property as descr ' bed in Paragraph 11
hereof; and (3) the completion of the demolition
and removal of the existini; Crocker Theatre
building as provided in paragra•h 5 following. The
closing for Parcel 2 of the Red-velopment Property
shall be in phases . Parcel A of Parcel 2 of the
Redevelopment Property is le•ally described in
Exhibit B-1 attached hereto (hereinafter referred
to as "Parcel A of Parcel 2 oi the Redevelopment
Property") . Parcel B of Parcel 2 of the
Redevelopment Property is le•ally described in
Exhibit B-2 attached hereto (hereinafter referred
to as "Parcel B of Parcel 2 oi the Redevelopment
Property") . The time of clos ' ng for Parcel A of
Parcel 2 of the Redevelopment Property shall be
within sixty ( 60) days of the latter of the City
obtaining a letter of map revis ' on as described in
Paragraph 10 hereof providing that Parcel A of
Parcel 2 of the Redevelopment Property has been
removed from the 100 year flo•d plain, the City
obtaining pursuant to the State of Illinois Site
Remediation Program a No Further Remediation Letter
for a residential standard for Parcel A of Parcel 2
of the Redevelopment Propert as described in
Paragraph 11 hereof, and the completion of the
Project identified in Exh ' bit F hereto as
applicable to said Parcel A if Parcel 2 of the
Redevelopment Property in accordance with plans and
specifications referred to in Exhibit F. The time
of closing for Parcel B of Parcel 2 of the
Redevelopment Property shall b: within sixty (60)
days of the latter of the City obtaining a letter
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of map revision as described in Paragraph 10 hereof
providing that Parcel B of Parcel 2 of the
Redevelopment Property has been removed from the
100 year flood plain, the City obtaining pursuant
to the State of Illinois Site Remediation Program a
No Further Remediation Letter for a residential
standard for Parcel B of Parcel 2 of the
Redevelopment Property as described in Paragraph 11
hereof, and the completion of the Project
identified in Exhibit F hereto as applicable to
said Parcel B of Parcel 2 of the Redevelopment
Property in accordance with plans and
specifications referred to in Exhibit F"
B. Paragraph 10 of the Subject Development Agreement be
and is hereby amended to read as follows :
"10 . Removal of Parcel 2 of the Redevelopment
Property from the Flood Plain. It is agreed that
as of the closing dates for Parcel A of Parcel 2 of
the Redevelopment Property and for Parcel B of
Parcel 2 of the Redevelopment Property that such
parcels shall have been filled and regraded in
order to obtain a letter of map revision based on
fill from the Federal Emergency Management Agency
removing the majority of Parcel 2 of the
Redevelopment Property from the 100 year flood
plain. Such letter of map revision shall be based
upon the Conditional Letter of Map Revision Based
on Fill issued by the Federal Emergency Management
Agency dated July 16, 2003 Case Number 03-05-2781C
(hereinafter referred to as the "CLOMR-F") .
Developer agrees to and shall provide for such
filling and regrading of Parcel 2 of the
Redevelopment Property through its affiliated
company Plote Construction, Inc. pursuant to and
according to the contract which shall be entered
into between the City and Plote Construction, Inc.
attached hereto as Exhibit F. It is agreed that
Parcel 2 of the Redevelopment Property shall be
filled and regraded to the specifications, grades
and elevations as provided in the CLOMR-F, as
provided in the Haeger Engineering Plans for such
property dated October 4, 2002, and as provided in
the contract to be entered into between the City
and Plote Construction Inc. attached hereto as
Exhibit F. In the event of any conflict between
the terms and provisions of the CLOMR-F, the Haeger
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Engineering Plans and/or the contract attached
hereto as Exhibit F, the terms and provisions of
the CLOMR-F shall control . Such filling and
regrading work on Parcel 2 of the Redevelopment
Property shall be done in two •bases as described
in such contract . Such filling and regrading work
on Parcel 2 of the Redevelopment Property shall
also include footing preparations as described in
such contract . Such contract between the City and
Plote Construction Inc. at .ached hereto as
Exhibit F shall be entered into by the City and
Plote Construction Inc. concirrently with the
City' s and Developer' s entry inuo the Amendment to
Development Agreement . "
C. Paragraph 11 of the Subject Development Agreement be
and is hereby amended to read as fol ows :
"11 . Environmental . The City agrees at its
expense to investigate and if lecessary remediate
environmental conditions on the Redevelopment
Property pursuant to the Stat: of Illinois Site
Remediation Program and to ob ain a No Further
Remediation Letter (s) for a residential standard
for Parcel 1 and Parcel 2 of the Redevelopment
Property. Developer agrees to easonably cooperate
with the City in the City' s efforts to obtain a No
Further Remediation Letter (s) for Parcel 1 and
Parcel 2 of the Redevelopment Property including,
but not limited to, providing .11 plans and other
documentation regarding the S bject Residential
Condominium Redevelopment on Parcel 1 of the
Redevelopment Property and the .ubject Residential
Townhome Redevelopment on 'arcel 2 of the
Redevelopment Property. Th: City agrees to
excavate and remove contami ated soils from
Parcel 2 of the Redevelopment P operty as provided
in the Remediation Objectives 'eport and Remedial
Action Plan for Townhome Redeye opment Site, Elgin,
Illinois prepared by Terracon, sated June, 2003, as
amended by correspondence to the Illinois
Environmental Protection Agenc, dated August 25,
2003 .
4
D. Paragraph 12 of the Subject De elopment Agreement
be and is hereby amended by adding the following
thereto to read as follows :
"The City will grant to t e Developer such
temporary and permanent easemenus and other rights
of access over portions of Parcel 2 of the
Redevelopment Property which ay be reasonably
necessary to provide utility s-rvice to Parcel A
and Parcel B of Parcel 2 of the Redevelopment
Property including such interim installation as may
be occasioned by the separate closings contemplated
by this Amendment Agreement . "
E. A new paragraph 28 is hereby added to the Subject
Development Agreement to read a'. follows :
"28 . Impact Fees . In con-ideration of the
Developer at its cost being r-sponsible for the
handling and disposal of any additional
contaminated soils found on the site including but
not limited to such soils whi' h are disposed of
off-site, and in consideration of the Developer at
its cost being responsible for the removal of the
existing asphalt pavement, •oncrete curb and
gutter, sidewalks and parkin; lot foundations
located upon Parcel 2 of the Redevelopment
Property, the parties agree th.t Developer shall
pay with respect to Parcel 2 of the Redevelopment
Property one-half of the fees ' dentified in Title
17 of the Elgin Municipal Code, 1976, as amended.
It is further agreed and un•erstood that the
Developer shall pay with respec to Parcel 1 of the
Redevelopment Property the full amount of the fees
provided for in Title 17 of ti e Elgin Municipal
Code, 1976, as amended. It is further agreed and
understood that except as speci ically provided in
this paragraph regarding payi g one-half of the
fees provided for in Title 17 of the Elgin
Municipal Code with respect to Parcel 2 of the
Redevelopment Property, Developer shall pay all
other charges and fees as required by this
Agreement and/or as otherwise r-quired by law. "
F. A new paragraph 29 be and is ereby added to the
Subject Development Agreement t . read as follows :
5
"29 . Sales Trailer. The City and Developer agree
that upon the execution of this Amendment to
Development Agreement that the Developer shall be
permitted to place at the south end of Parcel B of
Parcel 2 of the Redevelopment Property a sales
trailer to be utilized by the Developer solely for
sales promotions for the townhomes and condominiums
to be constructed on the Redevelopment Property.
The construction and use of the sales trailer shall
be in compliance with all applicable legal
requirements . "
G. A new paragraph 30 be and is hereby added to the
Subject Development Agreement to read as follows :
"30 . Soil Substitution/Storage of Materials . In
consideration of the obligation imposed upon the
Developer pursuant to paragraph 28 preceding, the City
agrees that :
A. To the extent permitted by applicable Illinois
Environmental Protection Agency regulations in
connection with the issuance of No Further Remediation
letter (s) for Parcel 2 of the Redevelopment Property,
the City and the Developer agree to coordinate the
timing of the excavation of the environmentally
unsuitable soil located in the northwest corner of
Parcel B of Parcel 2 of the Redevelopment Property
("Parcel B Excavation Work") in such a manner which
recognizes public safety as well as the Developer' s
site work and development activities on Parcel 2 of
the Redevelopment Property. Notwithstanding the
foregoing, it is agreed and understood that the
Parcel B excavation Work will occur not later than
June 30, 2004 .
B. Prior to the conveyance of Parcel B of Parcel 2 of the
Redevelopment Property to the Developer, the Developer
may stockpile earthen materials excavated from Parcel
A of Parcel 2 of the Redevelopment Property on that
portion of Parcel B of Parcel 2 of the Redevelopment
Property identified as the vacated Wellington Avenue
right-of-way to be utilized for filling the area
affected by the Parcel B Excavation Work. The precise
location of such stockpiling upon the portion of
Parcel B of Parcel 2 of the Redevelopment Property
identified as the vacated Wellington Avenue right-of-
way shall be as agreed by the City and Developer.
6
C. The modifications made pursu.nt to this paragraph 30
are based upon the No Further Remediation Letter
applicable to Parcel B of Parcel 2 allowing the
retention of such environmentally unsuitable soils on
Parcel 2 to remain thereon r.ther than removal to an
approved dump site .
D. The City' s contracts with the firms currently engaged
to perform the Parcel B Excavation Work and Exhibit F
hereto will be revised by th- City, if required, to
conform with the provisions of this paragraph 30 .
E. Prior to the conveyance of Parcel B of Parcel 2 of the
Redevelopment Property to the Developer, the Developer
shall be allowed to store con-truction materials to be
utilized on Parcel A of Parce 2 of the Redevelopment
Property in the area of the Redevelopment Property
identified as the vacated Wel ington Avenue right-of-
way. "
2 . That the City and the Develope agree that upon entry
into this Amendment to Development Agreement that all of the
Conditions Precedent have been satisfieo and are hereby waived
except conditions of title and survey ap.licable to each of the
respective closings, the completion of the work pursuant to
Exhibit F, the continuing availability o utility service to the
respective parcels and the continuing compliance and completion of
the matters contemplated by the Letters .f Map Revision and the
environmental matters contemplated by the No Further Remediation
letters identified herein.
3 . That except as specifically ame ded in this Amendment to
Development Agreement the Subject Deve opment Agreement shall
remain in full force and effect .
7
•
4 . That in the event of any conflict between the terms and
provisions of the Subject Development Agreement and the terms and
provisions of this Amendment to Development Agreement the terms and
provisions of this Amendment to Development Agreement shall
control .
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this Amendment to Development Agreement on the date and
year first written above .
CITY OF ELGIN, a municipal PAR DEVELOPMENT GROUP, INC. , an
corporation Illinois corpor.tion
(:—<1
By By r
ayor Its 1, .` ms`s 1 ,
Attest :
f.P°,Lliryccfp.a-tr(Vvet
ity Cle k
F:\Legal Dept\Agreement\Development Agr-Par-96 S Grove-Amendment 2-13-04-redlined.doc
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EXHIBIT B-1
PARCEL A OF PARCEL 2
LOTS 6 THROUGH 15 INCLUSIVE AND PART OF LOIS 5 AND 16 IN BLOCK 1 OF
0. DAVIDSON' S ADDITION TO ELGIN, BEING A SI:DIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 13 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ALSO THAT PRT OF WELLINGTON AVENUE
(FORMERLY RAILROAD AVENUE) AND LAKE STREE NOW VACATED, ALSO THAT
PART OF CHICAGO AND NORTHWESTERN RAILROAD COMPANY PROPERTY (NOW
OWNED BY THE CITY OF ELGIN) , ALL OF THE ABOVE FALLS WITHIN THE
AFORESAID SOUTHWEST QUARTER OF SECTION It DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF AFORESAID BLOCK 1 OF
O. DAVIDSONS ADDITION TO ELGIN; THENCE NO'TH 37 DEGREES 49 MINUTES
11 SECONDS WEST, ALONG THE SOUTHWESTERLY L NE OF SAID BLOCK 1, ALSO
BEING THE NORTHEASTERLY LINE OF GROVE AVE E, A DISTANCE OF 351 . 00
FEET; THENCE NORTH 52 DEGREES 26 MINUTES 36 SECONDS EAST, PARALLEL
TO THE SOUTHEASTERLY LINE OF AFORESAID :LOCK 1 IN O. DAVIDSONS
ADDITION TO ELGIN, A DISTANCE OF 365 . 38 F ET TO THE SOUTHWESTERLY
LINE OF SYLLA PLACE AS PLATTED IN ILLIAM F. SYLLA' S RE-
SUBDIVISION, BEING A SUBDIVISION OF PART 1DF AFORESAID SECTION 13 ;
THENCE SOUTH 37 DEGREES 43 MINUTES 37 S CONDS EAST, ALONG SAID
SOUTHWESTERLY LINE OF SYLLA PLACE AND TIE SOUTHWESTERLY LINE OF
LOT 11 IN AFORESAID WILLIAM F. SYLLA' S RE-SUBDIVISION AND THE
SOUTHEASTERLY EXTENSION OF SAID LOT 11, A DISTANCE OF 326 . 70 FEET;
THENCE SOUTH 37 DEGREES 18 MINUTES 47 SECONDS WEST, A DISTANCE OF
93 . 11 FEET TO A POINT ON THE NORTHEASTERLY EXTENSION OF THE
SOUTHEASTERLY LINE OF AFORESAID BLOCK 1, IN O. DAVIDSONS ADDITION,
SAID POINT BEING 10 . 06 FEET, AS MEASURED ALONG SAID EXTENSION,
NORTHEASTERLY OF THE SOUTHEASTERLY CORNER OF SAID BLOCK 1 ; THENCE
SOUTH 52 DEGREES 26 MINUTES 36 SECOND' WEST, ALONG AFORESAID
NORTHEASTERLY EXTENSION AND THE SOUTHEAST:RLY LINE OF SAID BLOCK 1
ALSO BEING THE NORTHWESTERLY LINE OF LAZE STREET, A DISTANCE OF
274 . 86 FEET TO THE POINT OF BEGINNING, BE NG SITUATED IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS AND CONTlINING 127 , 054 . 72 SQUARE
FEET MORE OR LESS .
•
EXHIBIT B-2
PARCEL B OF PARCEL 2
LOTS 3,4, 17, 18 AND PART OF LOTS 5 AND 16 IN BLOCK 1 OF O. DAVIDSONS
ADDITION TO ELGIN, BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 13,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN ALSO LOTS 1 THROUGH 16 INCLUSIVE AND
VACATED ALLEY IN BLOCK"A" OF DAVIDSON'S GROVE AVENUE
SUBDIVISION, BEING A SUBDIVISION OF SAID SOUTHWEST QUARTER OF
SECTION 13, ALSO THAT PART OF WELLINGTON AVENUE(FORMERLY
RAILROAD AVENUE)NOW VACATED,ALSO THAT PART OF CHICAGO AND
NORTHWESTERN RAILROAD COMPANY PROPERTY(NOW OWNED BY THE
CITY OF ELGIN),ALL OF THE ABOVE FALLS WITHIN THE AFORESAID
SOUTHWEST QUARTER OF SECTION 13 DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF AFORESAID BLOCK 1 OF O.
DAVIDSONS ADDITION TO ELGIN; THENCE NORTH 37 DEGREES 49 MINUTES
I 1 SECONDS WEST,ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 1
ALSO BEING THE NORTHEASTERLY LINE OF GROVE AVENUE, A DISTANCE
OF 351.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 37 DEGREES 49 MINUTES 11 SECONDS WEST,ALONG SAID
SOUTHWESTERLY LINE OF BLOCK 1 AND THE SOUTHWESTERLY LINE OF
AFORESAID BLOCK"A" IN DAVIDSON'S GROVE AVENUE SUBDIVISION, A
DISTANCE OF 442.18 FEET TO A ANGLE IN SAID SOUTHWESTERLY LINE;
THENCE NORTH 33 DEGREES 52 MINUTES 42 SECONDS WEST,ALONG SAID
SOUTHWESTERLY LINE OF BLOCK "A", A DISTANCE OF 70.42 FEET TO THE
NORTHWEST CORNER OF BLOCK "A"; THENCE NORTH 89 DEGREES 26 -
MINUrTES 44 SECONDS EAST,ALONG THE NORTH LITE OF SAID BLOCK "A"'
ALSO BEING THE SOUTH LINE OF PRAIRIE STREET AND THE EASTERLY
EXTENSION OF SAID SOUTH LINE, A DISTANCE OF 453.51 FEET TO THE
MOST WESTERLY CORNER OF LOT 1 IN WILLIAM F. SYLLA'S RE-
SUBDIVISION,BEING A SUBDIVISION OF PART OF AFORESAID SECTION 13;
THENCE SOUTH 37 DEGREES 43 MINUTES 37 SECONDS EAST,ALONG THE
SOUTHWESTERLY LINE OF SAID LOT I AND THE SOUTHWESTERLY LINE OF
SYLLA PLACE AS PLOTTED IN AFORESAID WILLIAM F. SYLLA'S RE-
SUBDIVISION, A DISTANCE OF 239.51 FEET TO THE INTERSECTION WITH A
LINE THAT BEARS NORTH 52 DEGREES 26 MINUTES 36 SECONDS EAST
FROM AFORESAID POINT OF BEGINNING, SAID LINE IS ALSO PARALLEL
WITH THE SOUTHEASTERLY LINE OF AFORESAID BLOCK 1 IN O.
DAVIDSONS ADDITION TO ELGIN; THENCE SOUTH 52 DEGREES 26 MINUTES
36 SECONDS WEST,ALONG SAID PARALLEL LINE, A DISTANCE OF 365.38
FEET TO THE POINT OF BEGINNING, BEING SITUATED IN THE CITY OF
ELGIN,KANE COUNTY, ILLINOIS AND CONTAINING 137,964.56 SQUARE FEET
MORE OR LESS.
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DRAFT 1/29/04
EXHIBIT F
CONTRACT
This contract is made and entered into this _ day of
, 2004, by and between the C TY OF ELGIN, an Illinois
municipal corporation, (hereinafter referr-d to as the "City") , and
PLOTE CONSTRUCTION INC. , an Illinois c...rporation, (hereinafter
referred to as the "Contractor") .
For and in consideration of the mu' ual undertakings as set
forth herein, and other good and valu. .le consideration, the
receipt and sufficiency of which is h=reby acknowledged, the
parties hereto agree as follows:
Section 1 . Project . The Project i . generally described as
the Elgin Riverfront, Segment 2, Festival 'ark, Part A ("Project") .
Section 2 . Engineer. The Projeci has been designed by
Hitchcock Design Croup ("Landscape . chitect" ) . Landscape
Architect shall act as a City representa ive and shall assume and
provide such duties and obligations to t e extent provided in the
Contract Documents .
Section 3 . Contract Documents. The Contract Documents which
comprise the entire agreement between th. City and the Contractor
concerning the Project consist of this con ract form, the documents
referenced herein and the attachments her-:to ("Contract Form") and
the Project Manual for Elgin Riverfront, -egment 2 , Festival Park,
Part A dated July 30, 2003 prepared by Hitchcock Design Group
including all documents referenced therein ( "Project Manual" ) . In
the event of a conflict between this Cont act Form and the Project
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Manual the provisions of this Contract orm shall supersede the
provisions of the Project Manual and sha 1 control .
Section 4 . Scope of Work. The Cont actor agrees to and shall
provide all of the materials and service= for the portion of the
Project set forth in Sections 02230 Si e Clearing, 02231 Tree
Protection and Trimming and 02300 Earth Werk of the Project Manual
for the property identified in the Proje t Manual as the Townhome
Redevelopment Site. Notwithstanding anyth'ng to the contrary in the
Project Manual it is agreed and unders.00d that the Contractor
shall provide for grades of elevation on .he Townhome Redevelopment
Site according to the specifications, •rades and elevations as
provided in the Conditional Letter of Mai• Revision Based on Fill
issued by the Federal Emergency Managerne t Agency dated July 16 ,
2003 Case Number 03-05-2781C and as provi•ed in the Haeger Engineer
Plans for such property dated October 4 2002 . A certified as-
built survey in a form as required b the Federal Emergency
Management Agency shall be prepared to •onf irm that the required
elevations have been attained. The fill material shall be
compacted to at least ninety-five pe cent (95%) of Standard
Laboratory Maximum of Dry Density (Stand-rd Proctor) according to
ASTM standard D-698 . Pill soils must be ins grained soils of low
permeability, such as those classified as CH, CL, SC, or ML
according to the ASTM Standard D-2487, Classification of Soils for
Engineering Purposes . (See Table 1804 . 2 'n the 2000 International
Building Code (IBC) for descriptions of these soil types. ) The
fill materials shall be homogeneous and isotropic, that is, the
soil must be all of one material, and th= engineering properties
2
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must be the same in all directions. he compaction shall be
certified in writing by a third part professional engineer,
professional geologist, professional sail scientist , or other
design professional qualified to m-ke such evaluations .
Notwithstanding anything to the contrary in the Project Manual it
is further agreed and understood that the aterials and services to
be provided by the Contractor shall also include footing
preparations for the foundation footing- to be constructed in
conjunction with the Par Development, Inc. townhome development on
the Townhome Redevelopment Site. Notwithstanding anything to the
contrary in the Project Manual it is furt -r agreed and understood
that upon the Contractor' s completion of :arthwork on Parcel A of
the Townhome Redevelopment Site that he Contractor or its
affiliated company Par Development, Inc. -,hall be responsible for
the installation and maintenance of sl t fences, construction
barriers and other erosion control measur=s far such site.
Section 5 . Schedule. The services for the Project to be
performed by the Contractor pursuant to the Contract Documents
shall be performed and completed by the Co tractor in two phases.
Parcel A of the Townhome Redevelopment Site is legally described in
Exhibit 1 attached hereto. Parcel B of th= Townhome Redevelopment
Site is legally described in Exhibit 2 attached hereto. The
Contractor shall commence the services to se performed pursuant to
the Contract Documents for Parcel A of the Townhome Redevelopment
Site not later than May 15 , 2004 and steal complete such work on
Parcel A of the townhome redevelopment site by July 31, 2004 . The
Contractor shall commence the services to b performed pursuant to
3
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the Contract Documents for Parcel B of t e Townhome Redevelopment
Site on or before April 15, 2005 and shad complete such work on
Parcel B of the Townhome Redevelopment Site hyMay 31 , 2005 .
Notwithstanding the foregoing or anything else to the contrary in
the Contract Documents, Contractor shall fill the area in the
northwest Corner of Parcel B of the Townh•me Redevelopment Site to
be excavated by others as part of the se ices to be performed for
Parcel 'A of the Townhome Redevelopment -ite . Such area at the
northwest corner of Parcel S of the Townh-me Redevelopment Site to
be excavated by others is identified in t e Remediation Objectives
Report and Remedial Action Plan for Towniome Redevelopment Site,
Elgin, Illinois prepared by Terracon, •aced June 30, 2003 , as
amended by correspondence to the Illinois Lnvironniental Protection
Agency dated August 25 , 2003 . Time is of the essence of this
contract .
Section 6 . Contract Price. For the aterials and services to
be provided by the Contractor pursuant t. the Contract Documents
the City shall pay the Contractor the tot- 1 amount of $859, 733 as
detailed in Contractor's Proposal wit a revision date of
September 17 , 2003 attached hereto as Exh'bit 3 .
Section 7 . Panents . The City sha 1 make payments on the
basis of the Contractor's application for p=yment as recommended by
the Landscape Architect, on or about the iret day of each month
during construction. All payments shall b based on the progress
of the Project measured by the schedule : s provided in Contract
Documents. The City may withhold, f om payments prior to
substantial completion, an amount equal up to ten percent (10%) of
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work completed, at the City's sole discretion. Upon substantial
completion, the City may release a portion of the retainage to the
Contractor, retaining at all times an amount sufficient to cover
the costs of that portion of the Project being constructed by the
Contractor remaining to be completed, at the City' s sole
discretion. The time for payment of any retainage from the City to
the Contractor shall be at the City' s sole discretion . Such
payment shall not be unreasonably withheld. The City shall not be
required to make final payment prior to completion and acceptance
of that portion of the Project beingconstructed by the Contractor
by the City.
Section 8 . Governing Laws and Ordinances . This contract is
made subject to all the laws of the State of Illinois and the
ordinances of the City and if any such clause herein does not
conform to such laws or ordinances, such clause shall be void (the
remainder of the contract shall not be affected) and the laws or
ordinances shall be operative in lieu thereof . Venue for the
resolution of any disputes and the enforcement of any rights
arising out of or in connection with this contract shall be in the
Circuit Court of Kane County, Illinois .
Section 9 . Affirmative Action. The Contractor will not
discriminate against any employee or applicant for employment
because of race, color, religion, sex, ancestry, national origin,
place of birth, age or physical handicap which would not interfere
with the efficient performance of the job in question. The
Contractor will take affirmative action to comply with the
provisions of Elgin Municipal Code Section 3 . 12 . 100 and will
5
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02/19/2804 18:25 8473816518 FULLER A ) BERRES PAGE 07
require any subcontractor to submit io the City a written
commitment to comply with those provisio. s . The Contractor will
distribute copies of this commitment to ail personswho participate
in recruitment, screening, referral and selection of job applicants
and prospective subcontractors. The Co tractor agrees that the
provisions of Chapter 3 . 12 of the Elgin unicipal Code, 1976 , is
hereby incorporated by reference, as if s-t out verbatim.
Section 10 . Assignability. The Con.ractor shall not assign,
eell or transfer any interest in this contract without prior
written consent of the City, which consen may be withheld in the
sole discretion of the City.
Section 11 . Amendments. There shall • - no modification of the
contract, except in writing and executed ith the same formalities
of the original .
Section 12 . Notices. Any notice gi en under this contract
shall be in writing and shall be deemed o have been given when
hand delivered or deposited in the V.S. mail, certified or
registered, return receipt requested, addr-ssed, if to Contractor,
at the address of , Plote Construction, I c. , 1100 Brandt Drive ,
Elgin, Illinois 60120, to the attenti •n of the undersigned
representative, and if to the City, to th= attention of the City
Manager, 150 Dexter• Court, Elgin, XL 60120 •r to such other address
and/or authorized representatives as eith=x party shall designate
in writing to the other in the manner here n provided.
Section 1.3 . Indemnification. To the ullest extent permitted
by law, Contractor agrees to and shall ind-mnify, defend and hold
harmless the City, its officers, employees, boards and commissions
6
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•
from and against any and all claims, =.uits, judgments, costs,
attorney' s fees, damages or any and all ether relief or liability
arising out of or resulting from or throu•h or alleged to arise out
of any acts or negligent acts or omi , sions of Contractor or
Contractor' s officers, employees, agents or subcontractors in the
performance of this contract, including but not limited to, all
goods delivered or services or work per ' ormed hereunder. In the
event of any action against the City, is officers, employees,
agents, boards or commissions covered b the foregoing duty to
indemnify, defend and hold harmless, such action shall be defended
by legal counsel of the City' s choosing.
Section 14 . Publicity. The Contrac or may not use, in any
form or medium, the name of the Cit of Elgin for public
advertising unless prior written permissio is granted by the City.
Section 15. Appropriations. The fi= cal year of the City is
the 12 month period ending December 31 . The obligations of the
City under any contract for any fiscal ear are subject to and
contingent upon the appropriation of funds sufficient to discharge
the obligations which accrue in that fiscal year and authorization
to spend such funds for the purposes of th- contract. If, for any
fiscal year. during the term of the contrast, sufficient funds for
the discharge of the City' s obligations un•er the contract are not
appropriated and authorized, then the con•ract shall terminate as
of the last day of the preceding fiscal year, or when such
appropriated and authorized funds are e. hausted, whichever is
later, without liability to the City for damages, penalties or
other charges on account of such terminati-n.
7
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SYSTEMS ]vvai..ice.
,02/19/2004 10:25 8473816518 FULLER AND BERRES PAGE 09
Section 16 . Entire Asreement . Thi3 contract embodies the
whole agreement of the parties on the subject matter hereof . There
shall be no promises, terms, conditions or obligations other than
those contained herein.
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this contract on the date and year first written above .
CITY OF ELGIN, a municipal PLOTE CONSTRUCTION INC. , -n
corporation Illinois corp •.l,
ByBy c/
M yor Its ;:' ecretary
a rY
-'HARD A. W SER
Attest :
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P:\tegal Agr-Par-96 S Grove-Amendment-plate Agr-Rx P.doc
8
EXHIBIT 1
REVISED PARCEL A OF THE TOWNHOME R:DEVELOPMENT SITE
LOTS 6 THROUGH 15 INCLUSIVE AND PART OF LOIS 5 AND 16 IN BLOCK 1 OF
O. DAVIDSON' S ADDITION TO ELGIN, BEING A S :DIVISION OF PART OF THE
SOUTHWEST QUARTER OF SECTION 13 , TOWNSHIP 4.1 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, ALSO THAT PiRT OF WELLINGTON AVENUE
(FORMERLY RAILROAD AVENUE) AND LAKE STREE NOW VACATED, ALSO THAT
PART OF CHICAGO AND NORTHWESTERN RAILROAD COMPANY PROPERTY (NOW
OWNED BY THE CITY OF ELGIN) , ALL OF THE ABOVE FALLS WITHIN THE
AFORESAID SOUTHWEST QUARTER OF SECTION 1c DESCRIBED AS FOLLOWS :
BEGINNING AT THE SOUTHWEST CORNER OF AFORESAID BLOCK 1 OF
O. DAVIDSONS ADDITION TO ELGIN; THENCE NOR H 37 DEGREES 49 MINUTES
11 SECONDS WEST, ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK 1, ALSO
BEING THE NORTHEASTERLY LINE OF GROVE AVE E, A DISTANCE OF 351 . 00
FEET; THENCE NORTH 52 DEGREES 26 MINUTES 36 SECONDS EAST, PARALLEL
TO THE SOUTHEASTERLY LINE OF AFORESAID ;:LOCK 1 IN O. DAVIDSONS
ADDITION TO ELGIN, A DISTANCE OF 365 . 38 FIET TO THE SOUTHWESTERLY
LINE OF SYLLA PLACE AS PLATTED IN ILLIAM F. SYLLA' S RE-
SUBDIVISION, BEING A SUBDIVISION OF PART of AFORESAID SECTION 13 ;
THENCE SOUTH 37 DEGREES 43 MINUTES 37 S CONDS EAST, ALONG SAID
SOUTHWESTERLY LINE OF SYLLA PLACE AND THI SOUTHWESTERLY LINE OF
LOT 11 IN AFORESAID WILLIAM F. SYLLA' S RE-SUBDIVISION AND THE
SOUTHEASTERLY EXTENSION OF SAID LOT 11, A DISTANCE OF 326 . 70 FEET;
THENCE SOUTH 37 DEGREES 18 MINUTES 47 SECSSNDS WEST, A DISTANCE OF
93 . 11 FEET TO A POINT ON THE NORTHEAS ERLY EXTENSION OF THE
SOUTHEASTERLY LINE OF AFORESAID BLOCK 1, IN O. DAVIDSONS ADDITION,
SAID POINT BEING 10 . 06 FEET, AS MEASURED ALONG SAID EXTENSION,
NORTHEASTERLY OF THE SOUTHEASTERLY CORNER OF SAID BLOCK 1 ; THENCE
SOUTH 52 DEGREES 26 MINUTES 36 SECONDS WEST, ALONG AFORESAID
NORTHEASTERLY EXTENSION AND THE SOUTHEASTDRLY LINE OF SAID BLOCK 1
ALSO BEING THE NORTHWESTERLY LINE OF LAKI STREET, A DISTANCE OF
274 . 86 FEET TO THE POINT OF BEGINNING, BEING SITUATED IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 127, 054 . 72 SQUARE
FEET MORE OR LESS .
u4/121/1/4 1.3:41 rAA 54/ 4Z5 1U5Z RENTAL SYSTEMS tgjV11/VJG
REVISED PARCEL B OF THE TOWNHOME R: DEVELOPMENT SITE
LOTS 3, 4, 17, 18 AND PART OF LOTS 5 AND 16 IN BLOCK 1 OF O. DAVIDSON'S
ADDITION TO ELGIN, BEING A SUBDIVISION OF -ART OF THE SOUTHWEST
QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, - NGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN ALSO LOTS 1 THROUGH 16 INCLUSIVE, AND VACATED
ALLEY IN BLOCK "A" OF DAVIDSON'S GROVE AV=NUE SUBDIVISION, BEING A
SUBDIVISION OF SAID SOUTHWEST QUARTER •F SECTION 13, ALSO THAT
PART OF WELLINGTON AVENUE (FORMERLY RAILROAD AVENUE) NOW
VACATED, ALSO THAT PART OF CHICAGO AND NORTHWESTERN RAILWAY
PROPERTY (NOW OWNED BY THE CITY OF ELGIN , ALL OF THE ABOVE FALLS
WITHIN THE AFORESAID SOUTHWEST QUARTER sF SECTION 13, DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF 'FORESAID BLOCK 1 OF O
DAVIDSON'S ADDITION TO ELGIN; THENCE NORTH c7 DEGREES 49 MINUTES 11
SECONDS WEST, ALONG THE SOUTHWESTERLY L NE OF SAID BLOCK 1 ALSO
BEING THE NORTHEASTERLY LINE OF GROVE AVE UE, A DISTANCE OF 351.00
FEET FOR THE POINT OF BEGINNING; THENC CONTINUING NORTH 37
DEGREES 49 MINUTES 11 SECONDS WEST, ALO G SAID SOUTHWESTERLY
LINE OF BLOCK 1 AND THE SOUTHWESTERLY LINE •F AFORESAID BLOCK"A" IN
DAVIDSON'S GROVE AVENUE SUBDIVISION, A DIST' NCE OF 442.18 FEET TO AN
ANGLE IN SAID SOUTHWESTERLY LINE OF BLOT K "A"; THENCE NORTH 33
DEGREES 52 MINUTES 42 SECONDS WEST, ALO G SAID SOUTHWESTERLY
LINE OF BLOCK "A", A DISTANCE OF 70.42 FEET Ts THE NORTHWEST CORNER
OF BLOCK "A"; THENCE NORTH 89 DEGREES 26 MINUTES 44 SECONDS EAST,
ALONG THE NORTH LINE OF SAID BLOCK "A" ALSO BEING THE SOUTH LINE OF
PRAIRIE STREET AND THE EASTERLY EXTENSIO OF SAID SOUTH LINE, A
DISTANCE OF 453.51 FEET TO THE MOST WEST:RLY CORNER OF LOT 1 IN
WILLIAM F. SYLLA'S RESUBDIVISION, BEING A UBDIVISION OF PART OF
AFORESAID SECTION 13; THENCE SOUTH 37 DEGREES 43 MINUTES 37
SECONDS EAST, ALONG THE SOUTHWESTERLY LI E OF SAID LOT 1 AND THE
SOUTHWESTERLY LINE OF SYLLA PLACE AS PLA ED IN AFORESAID WILLIAM
F. SYLLA'S RESUBDIVISION, A DISTANCE O' 239.08 FEET TO THE
INTERSECTION WITH A LINE THAT BEARS NORTH -2 DEGREES 26 MINUTES 36
SECONDS EAST FROM AFORESAID POINT OF BEGINNING, SAID LINE IS ALSO
PARALLEL WITH THE SOUTHEASTERLY LINE OF 'FORESAID BLOCK 1 IN O.
DAVIDSON'S ADDITION TO ELGIN; THENCE SOUTH 2 DEGREES 26 MINUTES 36
SECONDS WEST, ALONG SAID PARALLEL LINE, A DI.TANCE OF 365.38 FEET TO
THE POINT OF BEGINNING. BEING SITUATED IN HE CITY OF ELGIN, KANE
COUNTY, ILLINOIS AND CONTAINING 137,964.56 SQ ' RE FEET MORE OR LESS.
D02050E.02.doc
AVE
02-06-04
PLOTE CONSTRUCTION INC.
1100 BRANDT DRIVE
•
14' tir ELGIN,IL.60120
Contact: Randy Rathmann
Phone: 847-695-9300
Fax: 847-695-9317
Quote To: City of Elgin Job Name: Site Work Townhouse Site Festival Park
150 Dexter Court Date of Plans: Haeger Engineering dtd 10/4/02
Elgin,Il.60120
Phone: Revision Date: 9/17/03
Fax:
Attn: Mr David Dorgan
Elgin City Manager
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
100 PHASE A TOWNHOUSE SITE
110 CLAY IMPORT&COMPACTION 15,476.00 CY 16.00 247,616.00
113 TOPSOIL STRIP&STOCK PILE 449.00 CY 6.00 2,694.00
115 TOPSOIL STRIP&DISPOSE 475.00 CY - 13.00 6,175.00
120 RR AREA CUT TO FILL 927.00 CY 9.00 8,343.00
SUBTOTAL PHASE A $264,828.00
200 PHASE B TOWNHOUSE SITE
210 CLAY IMPORT&COMPACTION 16,519.00 CY 16.00 264,304.00
215 TOPSOIL STRIP&DISPOSE 180.00 CY 13.00 2,340.00
220 RR AREA CUT TO FILL 860.00 CY 9.00 7,740.00
225 CLAY IMPORT TO ENVIORNMENTAL AREA 1,556.00 CY 16.00 24,896.00
SUBTOTAL PHASE B $299,280.00
500 PHASE A TOWNHOUSE FTG PREP.
510 UNDERCUT FTGS 3,425.00 CY 11.00 37,675.00
520 PGE EMBANKMENT FOR FTGS 3,425.00 CY 32.00 109,600.00
550 PHASE B TOWNHOUSE FTG PREP.
560 UNDERCUT FTGS 3,450.00 CY 11.00 37,950.00
570 PGE EMBANKMENT FOR FTGS 3,450.00 CY 32.00 110,400.00
SUBTOTAL BLDG SITE $295,625.00
GRAM)TOTAL $859,733.00
Page 1
NOT ES:
1. No truck wash or street sweeping.
2. No bonds,permits,special insurrance(including subroation)enviornmental ' •airment liability,and testing.
3. No survey or layout.
4. No barricades,lights,arrow boards or warning signs.
5. No dewatering,including pumping or well points.
6. No erosion control,straw bales,silt fence,seeding,sodding,clearing,or tree p otection.
7. No special waste removal or handling.
8. All excavated materials except for topsoil to remain on site.
9. No soil compaction testing,inspections,or reports.
10. Prices for Phase B is figured to be completed by 5/31/05.
11. Add for labor,equipment,and materials escalation
$30,000.00 for each year work is not started after 5/31/05.
Very Truly Yours, /
Richard A.W-.�
Contract AI s .'strator
Accepted for the City of El.in,Date
,-110116.1 i
Page 2