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07-280 Resolution No. 07-280 RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE AGREEMENT WITH THE GAIL BORDEN PUBLIC LIBRARY RELATING TO THE BRANCH LIBRARY SITE AND THE VETERANS MEMORIAL SITE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Real Estate Agreement on behalf of the City of Elgin with the Gail Borden Public Library, relating to the branch library site and the Veterans Memorial Site,a copy of which is attached hereto and made a part hereof by reference. s/Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: November 28, 2007 Adopted: November 28, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk NOV-13-2007 TUE 04:24 PM CITY OF ELGIN-LEGAL FAX NO. I B47 931 5665 P. 03 Draft 11 113107-Revised REAL ESTATE AGREEMENT This Agreement made and entered into this o?Sl day of W L e , 2007, by and between the City of Ellin, an Illinois municipal corporation (hereinafter referred to as the "City'), and the Grail Bo-den Public Library District, a body corporate and politic, organized and existing under the laws c f the State of Illinois (hereinafter referred to as the"Library"). WITNESSETH: WHEREAS, the City is the owner of record of certain real estate located south of Bowes Road and west of Reser,,e Drive, such property consisting of the southeast portion of Lot 112 in Reserve, Phase 2, in El,;in, Kane County, Illinois, such property being depicted on Exhibit A attached hereto and legally described in Exhibit A-1 attached hereto (hereinafter referred to as the"City Parcel"), and WHEREAS, the Library is the owner of record of certain real estate located south of Ann Street and east of the City's riverfront bike path such property being depicted on Exhibit B and legally described in Exr ibit B-1 attached hereto (such property being hereinafter referred to as the"Library Parcel"); and WHEREAS, the City is desirous of conveying to the Library the City Parcel for the use by the Library as a branch library, and WHEREAS, the Library is desirous of conveying to the City the Library Parcel for use by the City as a Veterans Memorial; and WHEREAS, the City and the Library desire to complete the conveyances to one another of the City Parcel and Library Parcel pursuant to the terms and conditions of this Agreement. NOW, THEREFORE, for and in consideration of the mutual undertakings set forth herein, and other good aid valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. Recitals. The foregoing recitals are incorporated into this Agreement in their entirety. 2. Conveyat ce of City Parcel. The City agrees to convey to the Library at closing the City Parcel. The conveyance by the City to the Library of the City Parcel shall ba by recordable special warm my deed subject only to: (a) general real estate taxes not yet due and payable at closing; (b) easements of record; (c) zoning laws, statutes and ordinances; (d) covenants, conditions and restrictions of record, if any, none of which shall prohibit the Library's intended use o'the City Parcel as a public library; and (e) a reservation by the City of a non-exclusive easement for the benefit of the City and the public for ingress and egress onto the City Parcel and for use by the City and the public of the parking lot to be constructed by the NOV-13-2007 TUE 04:24 PM CITY OF ELGIN-LEGAL FAX NO, 1 847 931 5665 P. 04 Library on the City Pai cel in conjunction with the City's and the public's use of the City's adjacent public property 3. Conveyac.ce of Library Parcel. The Library shall convey to the City at closing the Library Parcel. The co zveyance by the Library to the City of the Library Parcel shall be by recorded special warran.y deed subject only to: (a) general real estate taxes not yet due and payable at closing; (b) easements of record; (c) zoning laws, statutes and ordinances; and (d)covenants, condition:; and restrictions of record, if any, including but not limited to the terms of the No Further Rem-,diation Letter for the Library Parcel previously issued by the Illinois Environmental Protection Agency, none of which shall prohibit the City's intended use of the Library Parcel as a Vetei ans Memorial. 4. Title Con.mitment for City Parcel. Not less than ten(10) days prior to the closing date contemplated in this agreement, the City shall, at its own expense, furnish the Library a title commitment for a 1970 ALTA owners title insurance policy issued by Chicago Title Insurance Company (the "Title Company") in the minimum amount of insurance covering title to the City Parcel on or after the d ite of this Agreement. Such commitment shall show title to the City subject only to: (a) title exceptions set forth in Section 2 of this Agreement; (b) title exceptions pertaining to liens of a definite or ascertainable amount which may be so removed by the payment of money at thf: time of closing and which the City shall remove at that time; (c) other matters of title aver which the Title Company is willing to insure without cost to the Library. At closing, the City shall also furnish to the Library (i) all Affidavit of Title in customary form covering the date of clo;;ing and showing title in the City subject only to permitted exceptions, (ii) a Plat Act Affidavit end(iii) such other documents as are customary to complete the closings contemplated in this Agr cement. S. Title Conunitment for Library Parcel. Not less than ten (10) days prior to the closing date contemplated in this agreement, the Library shall, at its own expense, furnish the City a title commitment for a 1970 ALTA owners title insurance policy issued by Chicago Title Insurance Company(the "Title Company")in the minimum amount of insurance covering title to the Library Parcel on or after the date of this Agreement. Such commitment shall show title to the Library subject only :o: (a) title exceptions set forth in Section 3 of this Agreement; (b) title exceptions pertaining to iens of a definite or ascertainable amount which may be so removed by the payment of money at the time of closing and which the Library shall remove at that time;, (c) other matters of title over which the Title Company is willing to insure without cost to the City. At closing, the Library sdall also furnish to the City (i) an Affidavit of Title in customary form covering the ate of closing and showing title in the Library subject only to permitted exceptions, (ii)a Plat Act Affidavit and(iii)such other documents as are customary to complete the closings contemplated in this Agreement. 6. Title Clearance. If the title commitments to be provided pursuant to Sections 4 and S of this Agreement disclose either unpermitted exceptions that render the title not in conformance with the p•ovisions of this Agreement, the intended grantor, either the City or Library as the case may -je, shall have thirty (30) days from the date: of delivery thereof to have the exceptions removed Crom the commitment, or to have the Title Company commit to insure against loss or damage tl at may be associated by such exceptions and, in such event, the time of 2 NOV-13-2007 TUE 04:25 PM CITY OF ELGIN-LEGAL FAX NO. 1 B47 931 5665 P. 05 closing shall be thirty ;30) days after the delivery of the commitment or the time expressly specified in Section 8 h,reof, whichever is later. If the intended Grantor, either the City or the Library as the case may be, fails to have the exceptions removed, or in the alternative, to obtain the commitment for titL; insurance specified above as to such exceptions, the intended Grantee, either the City or the L brary as the case may be, may terminate this Agreement or may elect, upon notice to the other party within ten (10) days after the expiration of the thirty (30) day period, to take title as it then is. If the intended Grantee, either the City or Library, does not so elect, this Agreement shall be deemed terminated and null and void with no further liability of either party hereunder_ 7. survey. Vot less than ten(10) days prior to Closing, the City, at its own expense, shall obtain, and provic e a copy to the Library, a Plat of Survey of the Library Parcel dated within six (6) months of the Closing,prepared by an Illinois professional land surveyor, showing any encroachments, me:.surements of all lot lines, all easements of record, building setback lines of record, fences, all buildings and other improvements on the Library Parcel in distances therefrom to the nearest two lot lines. In addition, the survey to be provided shall be a boundary survey conformed to he current requirements of the Illinois Department of Professional Regulation. The surve:i shall show all corners staked and flagged or otherwise monumented. The survey shall have tl►e following statement prominently appearing near the professional land surveyor's seal and si giature: "This professional service conforms to the current Illinois minimum standards for a boundary survey." Not less than ten (10) days prior to Closing, the Library, at its own expense, shall obtain, and provide a copy to the City, a Plat of Survey of the City Parcel dated witl in six (6) months of the date of Closing, prepared by an Illinois professional land surveyor, showing any encroachments, measurements of all lot lines, all easements of record, building setback lines of record, fences, all buildings and other improvements on the City Parcel in distances therefrom to the nearest two lot lines. In addition, the survey to be provided shall be a boundary survey conformed to the current requirements of the Illinois Department of Professional Regulation. The survey shall show all corners staked and flagged or otherwise monumented. The survey shall have the following statement prominently appearing near the professional land surveyor's seal and signature: "This professional service conforms to the current Hinois minimum standards for a boundary survey." 8. Closing. The closing shall take place at the Chicago Title Insurance Company office in Elgin, Illinois, within sixty (60) days after the execution of this Agreement unless this Agreement is terminatedt sooner pursuant to the provisions of Section 6 or other hereunder_ At closing, each party shal pay one-half(1/2) of the standard closing costs of the Title Company; real estate taxes shall be prorated to the Closing Date, based upon the last ascertainable assessment and rate apalicable to each parcel. Each party shall be responsible for its own attorney's fees. 9. R resen_ations, Warranties and Covenants. Without limitation of any other provision of this Agreement and as a material inducement to each party's entering into this Agreement, each party tepresents, warrants, and covenants with respect to such party's parcel to the other party that: 3 NOV-13-2007 TUE 04:25 PM CITY OF ELGIN-LEGAL FAX NO. 1 B47 931 5665 P. 06 A. From and after the date hereof, each party agrees not to (a) sell, transfer, convey, or encumber or cause to be sold, transferred, conveyed, or encumbered, that party's p:,operty or any part thereof, or(b)alter or amend the zoning classification of such property, except as requested by the intended grantee to permit its intended use of such property, or (c) otherwise perform or permit any act or deed which shall diminish, encumber, or affect the intended grantee's rights in and to the appli.able parcel or prevent Grantor from performing fully his obligations hereunder, in. each case without the express written consent of the intended grantee. B. To each party's knowledge and belief, there are, and as of the Closing Date there will be r o violations of any federal, state, county, or municipal statutes, laws, codes,or finances, rules, regulations, orders,decrees, and directives relating to the use and condition of such party's parcel of which it has notice. Each party covenant; and warrants that it shall notify the other party in writing with respect to matters of which it has notice on or before the closing and shall take such action as may be necessary to comply with such statutes, laws, regulations, codes, ordinance s,rules, orders, decrees, and directives relating to the use or condition of the applicable,parcel prior to the closing. C. To each 1 iarty's knowledge and belief(i) each party, or any agent thereof, has not received any notice from any governmental ar quasi-governmental body or agency o• from any person or entity with respect to, and does not know of, any actual or threatened taking of, the applicable parcel or any portion thereof for any public or quasi-public purpose by the exercise of the right of condemnation or eminent t1ornain and(ii) there is no claim, litigation,proceeding, or goverrunental investigai ion pending or threatened against or relating to the applicable parcel or any porti,)n thereof, or against the transactions contemplated by this Agreement, or agains the intended grantor which affects the intended grantor's ownership of the applii-,able parcel, this transaction, or the ability of the intended grantor to perform t ereunder; D. To each party's knowledge and belief, neither the execution nor delivery of this Agreement, consummation of the transactions contemplated hereby, nor fulfillmer t of or compliance with the terms and conditions hereof conflicts with or will resu.t in a breach of any of the terms, conditions, or provisions of any agreement or instrument to which such party is a party or by which it is bound, or constitutes a default under any of the foregoing, or results in the creation of a lien, claim, ch rrge, or encumbrance on the applicable parcel other than those matters approved by the intended grantee pursuant to the terms hereof, and this Agreement and all documents to be executed pursuant hereto by the intended grantor are and shall be binding upon and enforceable there against in accordance with their respective terms. E. To each party's knowledge and belief, no labor, material, or services have been furnished by or at the direction of the intended grantor in, on, or about the 4 NOV-13-2007 TUE 04;25 PM CITY OF ELGIN-LEGAL FAX N0, 1 847 931 5665 P. 07 applicable parcel, or any part thereof, as a result of which any mechanics', laborer's, or materialmen's liens or claims thereof might arise. No person has any Tight of f rst refusal or any option to acquire title to the intended grantor's parcel or any pat thereof. F. To each F arty's knowledge and belief, there are no underground storage tanks on the intent ed grantor's parcel and the intended grantor's parcel complies with any applicable: governmental law, regulation or requirement relating to environmental and occul ational health and safety matters and hazardous materials or substances. G. There are no existing leases affecting the intended grantor's parcel, there are no existing c 3ntracts or options to purchase the intended grantor's parcel,there exists no management agreement of any kind relative to the intended grantor's parcel that will continue in force beyond the Closing Date, and as of the Closing Date, the intended grantor's parcel will be vacant and unoccupied. H. In the event of any of the foregoing representations, covenants, and warranties are not true ,nd accurate and the applicable party cannot or does not correct said represent,tions, covenants, and warranties and accept liability for any damages incurred by the other party as a result of the inaccuracy thereof, the aggrieved party Shal l have the right to rescind this Agreement prior to or at the Closing. 10. Prohibiter Transactions. From and after the date hereof, neither party shall, and shall not permit any thir I party to, without the express written consent of the intended grantee: (a) enter into any lease, contract, or agreement or grant any rights (including licenses and easements) respecting the applicable parcel or any portion thereof; (b) create or suffer any right, claim, lien, or encumbn nce of any kind or nature whatsoever on the applicable parcel or any portion thereof; or (c) ,.dd or remove soil from the applicable parcel or otherwise dump or abandon any property, n taterials, or chemicals thereon. If any third party shall add or remove soil from any parcel of otherwise dump or abandon any property, materials, or chemicals thereon, the intended grantor shall cause said third party to remove anything dumped or abandoned thereon ant restore such parcel to its condition prior to such dumping or abandonment,and if such third party shall fail to do so, the aggrieved party shall have the right to rescind this Agreement prior to or at the Closing. 11. Brokers. 1'he parties represent and warrant to each other that neither dealt with a broker or finder with re:pert to the transaction contemplated hereunder, and each party hereby indemnifies and agrees t,) save, defend, and hold the other party harmless from and against any loss, cost, damage, claim, liability, or expense, including but not limited to reasonable attorneys' fees and litigation costs suffered or incurred by such other party as a result of a breach of the foregoing warranty. 12. Assurances of Cooperation. The parties hereby covenant and agree that they will at all times prior to or a ter the Closing, and from time to time do, execute, acknowledge, and deliver or will cause to )e done, executed, acknowledged, and delivered all such further acts, documents, and instru icrits as may reasonably be required by the other party, and following 5 NOV-13-2007 TUE 04:25 PM CITY OF ELGIN-LEGAL FAX NO. 1 B47 931 5665 P. 08 reasonable approved by counsel for the party to perform, in order to carry out fully and effectuate the transaction herein contemplated in accordance with the provisions of this Agreement. 13. Possessioi t. Each party agrees to deliver sole and exclusive possession of the applicable parcel to the intended grantee at Closing. 14. Authority The parties represent to each other that each has the power and authority to enter into ti is Agreement in the names, titles, and capacities herein stated and on behalf of entities, person s, estates, or firms represented or purported to be represented by such person and further repre.;ent that all formal requirements necessary or required by any statutes, laws, ordinances, codes, rules, regulations, orders, decrees, directives, articles of incorporation, charters,or bylaws for ec ch of them to enter into this Agreement have been complied with. 1.5. Entire Agreement. This Agreement represents the entire agreement between the parties hereto and shall not be modified or affected by any offer, proposal, statement, or representation, oral or w itten, made by or for either party in connection with the negotiation of the terms hereof. No future modification, termination, or amendment of this Agreement may be made, except by written agreement executed by the parties hereto. No failure by the parties hereto to insist upon the strict performance of any covenant, duty, agreement, or condition of this Agreement or to exercist, any right or remedy upon a breach thereof shall constitute a waiver of any such right or remedy or any other covenant, agreement, term, or condition. Any parry hereto, by written notice. tray, but shall be under no obligation to, waive any of its rights or any conditions to the obligat ons hereunder, or any duty, obligation, or covenant of any other party hereto. No waiver shall affect or alter this Agreement, but each and every covenant, agreement, term, and condition of d.is Agreement shall continue in full force and effect with respect to any other then existing or sul Sequent breach thereof. 16. Time. Time shall be of the essence of this Agreement and the performance of all covenants, agreements,aid obligations hereunder. 17. Notices. 411 elections, notices, and other communications to be given hereunder by either party to the other shall be in writing and sent by(i) facsimile transmission to the other party's attorney at the r umber set forth below with a follow-up via 'United States mail, (ii) personal delivery, (iii) o iemight courier with evidence of receipt, or (iv) certified or registered mail,return receipts requested,postage prepaid,addressed: If to the City: City of Elgin 150 Dexter Court Elgin, Illinois 601.20 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel 6 NOV-13-2007 TUE 04:25 PM CITY OF ELGIN-LEGAL FAX NO. 1 847 931 5665 P. 09 847-931-5665 (facsimile) If to Library: Carol Medal,Executive Director Gail Borden Public Library 270 North Grove Avenue Elgin, Illinois 60120 With a copy to: John T. Even Roberts, Simon&Even, Ltd. 1620 Colonial Parkway Inverness, Illinois 60067-4725 847-705-7642 (facsimile) or at such other address--s or fax numbers as the parties may designate to the other by written notice in the manner h..-rein provided. Any such notice or election shall be effective upon delivery, if personally d.-livered, one (1) day after delivery to the ovemight courier or two (2) days after depositing sane in the United States mails. 18. Severabil:ty, If any provision of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Agreement and the appl cation of such provision to other persons or circumstances shall not be affected thereby and shad l be enforced to the fullest extent permitted by law. 19, Non-Merger. The terms and provisions of this Agreement shall not merge with, be extinguished, or be otherwise affected by any subsequent conveyance or instrument by or between the parties here to unless such instrument shall specifically so state and be signed by both parties. 20. Captions. Captions of sections herein are inserted only for convenience and are in no way to be construec as a part of this Agreement or as a limitation of the scope of the particular sections to which they refer. 21. Public Parking on City Parcel. The Library agrees to award as part of the contracts for the cons=lion of the Branch Library on the City Parcel the bid alternate providing for an additional thirty(_!0)parking spaces in the parking lot to be constructed on.the City Parcel by the Library. The parties agree that the cost of such bid alternate for the additional thirty (30) parking spaces is $40,40). The City agrees to and shall reimburse the Library the costs for such bid alternate for the a&itional thirty (30) parking spaces in the amount of $40,400 upon the Library being responsible for the payment of same and within fifteen (15) days of an invoice from the Library to the City. The Library agrees that the City shall retain in the conveyance of the City Parcel from the City to the Library a non-exclusive easement for the benefit of the City and the public for ingres; and egress onto the City Parcel and for use by the City and the public of the parking lot to be constructed by the Library on the City Parcel in conjunction with the City's and the public's u:a of the City's adjacent public property. 7 NOV-13-2007 TUE 04;26 PM CITY OF ELGIN-LEGAL FAX NO, 1 847 931 5665 P. 10 22, Additional Asleement with Hitchcock Design—Grou . The City agrees that within thirty (30) days after th-. execution of this Agreement to enter into, at its expense, a further agreement with Hitchaiek Design Group to obtain further recommendations regarding the coordination of the City';Veterans?Memorial Project and the adjacent proposed City and Library joint project consisting c f teaching gardens and outdoor native habitat restoration. The services to be provided by Hitchcock Design Cxroup in such an agreement with the City are as generally set forth in the October 3, 2007 proposal letter of Hitchcock Design Group attached hereto as Exhibit C, provided, however, it is agreed and understood that the actual agreement between the City and Hitchcock Design Group shall include terms,provisions and be in a form as determined by the City. IN WITNESS WHEREOF, the City and the Library have executed this Agreement the day and year first above written, intending to be legally bound hereby and warranting authority to execute the same. CITY OF ELGIN,ILLMOIS THE GAIL BORDEN PUBLIC LIBRARY DISTRICT B By. Mayor s president Attest: Attest- , By: '%�U U1ti City Clerk Its Secretary FAega1 Dcpt\Rtat>statc\RE—Agree=nt-f.ibrary aranch-Veterans Memorial Exchange.doe. 8 NOV-13-2007 TUE 04:26 PM CITY OF ELGIN-LEGAL FAX NO, 1 847 931 5665 P. 11 BOWES ROAD - _ ut - -- --- -- - ---- ---g +~ ———— - -.—:- "— -- —t' — —T---+�; -- --- — - ,gym' y M ' IM)SCApEC STORNK ILLUMINATED LLS HATER MAN✓ K SITE SIGN [� DETENi10N POND 1 'CF — PLANNED VITY FACILITY — a Y I FLOODPLA'N LINE A .... ....•�°��., CRANE F01WE Z•4` J�'sCJP'ED � � I ti STORMW m • __ .. .. :,� KUNTON POND i 100-YEAR / r7L.011DPLAIN LIME r1 / N BRANCH LIBRARY ldhloa �/Q�j�\ Designpadewd*bw July 25,2007 EXHIBIT A NOV-13-2007 TUE 04:26 PM CITY OF ELGIN-LEGAL FAX NO. 1 847 931 5665 P, 12 r EXHIBIT A-1 LEGAL DESCRIPTION OF CITY PARCEL Legal description of Cit I Parcel to be inserted pursuant to depiction in Exhibit A and pursuant to survev to be obtained. 1 11 1� � 1 1 :� • •• ' • � :'ter r"� �':'� t - � � �' d - ..i art ;� Y•`. 9; 7't 1'• ,?�v �C t ' �, } r�. �, ylta•! �7,��tF�,�,t i N � s y t t'i��R ,�t L � 1 c t. 4 v i's6.� �,, c' s,^ t R _ � ��%r1Sr."I.J<•,><.E•k? rr,k"�''!.I„a t•' t 5 :er�,. j '��{F�'Cr1^w t\'�yetM• T�`•td,�i t t;� .�4 �, �_ �q K ! f' ,u l C e �j '� -1 • f ii� r �- ��' _ 4; t y�+ .{ r p.1 %h?`^"�Z�'1'` �i �r� •hl t�r�; `'6''"` _��r. i, �{x�'�•'(`�• , r" •� '4" �'y'•t� Y 1•J";, e,4,.� r •w •t 3�? {�as^; `}'T t r^rY dj•�, ''� s �'e'M1�Sr�� �J.� .,�.v�4`� �]• )yZr71'�i(< ��r �. „� �kY..e�. ? �r .,t � rk ..... �_r+�r ,� )a� 1*.,5# •,.(t PIy � ft?� h.' Ss ..fir � '<:F•• rs 1 tlkl��?����,; ,,.y ,:" ^fit��jl'r{�n r;�. '� ':�° a:.• �T �� On�� '>< R 1 r•��G�y Wk e t,t J•'�`" .r�,:: �rr-uF- t ; r t � t �� )Y J-y � ■/�y/1�y' a..- r„ } p.],.,. q�]�"�.s �”"trti��•-• v!`."!r ` Y `,°}'jy ,�jthu'74� y�� s. }'•' �,^.;.f'��,'. '-,t� '- � 4 . .s - .Iqv , Z'+)Z�+J4W2J!lR6py`:.'•''.'� - S •� nN ti?� ,'J�J"-.Y� g'M•,,, � �? r _,. w,4 .,Sb" .; ,ra �' lidN„U�l1rY,•lr _,,� t�• `}. '>, *y 'r ,. ,pica v.- '� � fir,; t-.i t `t,r ::. r� '�_'i7.t'^ .^'_.v �a c'' ,} •f. '.•:T � Nl� �r�Y .7 x ' }t!s � • R C .�n�t� � �it 1..q/�ll�i �, .y 2cKxC�. ¢� S lV r i t 4t�yw"�ti�d')k�S:•`•R� �� ? 6° R.�,t.-e.:� s �,`� ?jS '�.t� �• .. 1 u t ci1r "',"r ;zFr�S)��F}q"�n`^Whl�,ri'.� k+•r't��,�r^�4'r9)t.4,y„�,:�.' •�..r,ope,Jt�r,�t!'.wpw9 �+•*r+\.t r cn+•!�, h �•��,> `r l rr` r y�'?`4�C;.,.5`"•,.•'>r.s.1�:�o r` s�wvy�vr 'A• �¢9SP.�aei+m •2rt. _ � a< _ .� °�`t""�'�4F;"�, '�rlrl,4• ,:p!`'p''"'"'Y �1. yt,�r ! +Q," i''!'�+�c41+rR'fi,p�5" '"y •a 9r r�1 }�! S', ..iy1" - r 1 � � u w-...R S a .ti4�iCg�„;',y.•F •; � -, 't r�k,,.�R n- ,.,,at..„, Ali ilk °�11iW ' -aa ti DIrt�R"A'1MA � r�} "rri t� i •f.� .d2glf�M�.�ibFP�Fcc-���11I�„tmil'k al tot♦tYrrr+�bK.,ii��,.� `� ' JY •IV _-3�4 j( �' 1 T 1 ,M7•• R[r jf' r. - s NOV-13-2007 TUE 04:28 PM CITY OF ELGIN-LEGAL FAX NO. 1 847 931 5665 P. 14 EXHIBIT B-I L1 GAL DESCRIPTION OF LIBRARY PARCEL Legal description of Libr IrY parcel to be inserted pursuant to depiction in Exhibit B and pw-su.ant to survey to be obtained. NOV-13-2007 TUE 04:28 PM CITY OF ELGIN-LEGAL FAX NO, 1 B47 931 5665 P. 15 Hitchcock Design Groin Creating Better PWeS* October 3,2007 David Kaptain Council Member City of Elgin 150 Dexter Court Eigir,IL 60120 RE: Teaching Gardens and Outdoor Native Habitat Restoration at the Gail Borden L ibrary—Veterans Memarial Rovisios Dear David: Thank you for your contin ed trust in our efforts at the Gail Barden Library's Outdoor Learning Garden& Shoreline Restoration, We sincerely appreciate the opportunity to continue our work with you and the Library as this project evolves. Based on our conversation,, to date,we understand that a Veterans Mernorial will be added to the progrtan of the library site.This creates the need to reevaluate the master plan and make adjustments to fit this new goal.We propose a Ida-off meeting with the core group including spokesmen from the Local Veterans Organizations to redefine the overall progral n goals.We will then revise the site plan.to meet the needs of all parties.We will pay special attention to environmental aspects of the site to increase the chances of the Grand Victoria Foundation grant success. We can provide the service S indicated in the attached Scope of Services for a fixed fee of$19,100.Reimbursable expenses(printing,mileage;and courier)will be invoiced in addition to the professional service fees and will be capped at$1,500. We can begin work at your authorization and anticipate completing the scope of services in enough detail to meet the November 1,2007 Lea rr of Intent deadline for the Grant Victoria Foundation,with final graphics and summaries to follow befon s the end of the year. Thanks again for the oppor tunity! Please let me know if you have any questions or if you need any additional information. Sincerely, Hitebeock Design Group Eric F.Hornig,ASLA Principal Fax River Rawxsar,ae Alliance,Gait Barden t.ibrwy,Coy of Elgin Page i of 2 October 200 TcacLPS(;mdms and Native B bide R aoratioa sq the Goal Bwdco Libmry 221 West Jefferson Avenue Napervlie.16roisti0W T 630.941-17'$7 F 634.961.9925 www.hdehwckdesigngroup-com EXHIBIT G NOV-13-2007 TUE 04:28 PM CITY OF ELGIN-LEGAL FAX NO, 1 847 931 5665 P. 16 ACCIEPTANCIE sal will Please indicate your acceptan,z of this proposal by signing and returning this copy. A countersigned proposal tot tamed to you. This prop asal may be modified or withdrawn unless written authorization to proceed has been received within 30 days. ACCEPTED:- Signature of individual authorized to accept this agreement on behalf of client- Printed Njune and Title ACCEPTED- gill lnnnan,Senior Vice President Hitchcock Design Group M. Carole Medal,Gail Borden Library Bill Inman,Hitchcock Design Group Jennifer imbu.pja,Hitchcock Design Group Fox River kenaismoc Allienee,I W1 Burden Library,City of Roin Page 2 of 2 Oaober 2007 Teaching Gardens and NAive Hal 4tu Rggnration the Gail Border Library NOV-13-2007 TUE 04:28 PM CITY OF ELGIN-LEGAL FAX NO. 1 B47 931 5665 P. 17 Hitchcock Design GroLq) Creal"Better Pk'K eS* Scope of Services A. Program Phase We will: arranged and invited 1. Meet with you ane' conduct a kick meeting with stsff and other stakeholders,as arrang by you. Including at a minimum.discussion of the following agenda: a. Confirm revisions to existing master plan b. Identify VOtet aria goals and objectives c. Confirm Sche Jule Milestones 2, Summarize and di dribute written information obtained at the kick-off meeting. R. Schematic Design Pha W will; Using the information known to date,Hitchcock Design Group and organization of the 1, Prepare the first it:ration of the Schematic Design illustrating the scale,type orSeveral ideas will be garden's improve neaw the circulation between them and their general appear explored in this it itial design period to: a. Test the proje ct area's ability to meet the project goals b- Identify mult.ple methods of achieving learning outeonnes at different levels c- Illustrate dift;rent cost approaches d. Help identify client preferences 2. Document the scl.aru0c design using quality graphics including: a, flan view dr.[wings at appropriate scales b. Site cross see;tions c- Perspective character sketches d. Photogaphiu examples from other projects e. Written"wo'king eriteda"to help support ideas. 3. Develop(and up late throughout the process)a preliminary construction cost opinion that assigns dollars to various concel 11jalized ideas to facilitate discussions regarding; a. Design preft rences vs-Cost b. Funding C. Phasing 4. Meet with the'IN forking Group"to Miew the initial Se betnatic Design Documents and supporting information. M�et with this group up to two(2)times to discuss idea advancement and refinement. S. Provide a metho i for stakeholders to offer ongoing feedback including: a. Develop a p-oject website and regularly post in-progress Schematic Design Documents(3 updates planted dur ng the schematic design phase. To occur following each Group meeting). b. Provide a re served ernail address to provide stakeholders with a method to offer ongoing feedback as the design s ilutions are refined. Summarize email commentary periodically and provide written summation nemos. c. Email notifi rations(email addresses provided by you)when updates are posted. Fox River Renais Allianee,Gail Borden library,City of Elgin Page i 0f2 l7Ctnhcr 2007 Tew ling Cw*m and Native H:biW Restoration NOV-13-2007 TUE 04:28 PM CITY OF ELGIN-LEGAL FAX NO, 1 847 931 5665 P. 18 6. Following the Wor.iing Group's approval,prepare a PowerPoint presentation in preparation for the Design Input Meetings,wl.ich include color presentation graphics,a digital presentation of the property,design process and feedba*to date. 7. Prepare for and co,►duct the Lhsign Input Meeting with,as directed by you. Joint meetings are preferred for continuity ofthe exchange of information and Back. a. Learning Gars en Committee b. Library Board c. library Four[ation d. City of Elgin i'ity Council e. voterans Representatives S. Summarize the mt etings by creating the Design Input Meeting Report,which includes raw data,attendee list,and conclusio is. Forward information in a meeting summary format to you. C. Master Plan Phase Using dw information cnown to date,we will: 1. Incorporate the co nments generated at the Design Input Meeting,as approved by you,and finalize the Schematic Design 1 Meet with the Waking Group to review the final Schernatic Design Documents. 3. Prepare Final Mat ter Plan Document(bound booklet)including: a_ Cover letter t►funding entity(Grand Victoria Foundation) b. Written exec►five summary of the master plan(goals,objectives,solutions,cost summary) C. Presentation i paphics i. Master c 3lor plan view of garden with labels ii. Aerial pt rspective of main garden space iii. Collage 4character sketches and phoWgraphs d. Final Opinion t of Probable Construction Cost e. Support infor mation i. Site analysis ii. Stakehol der feedback 4. Forward(3)hard copies of the.Final Master Plan Documents to you for review and comment. 5. Post Final Master Plan Documents on the project web site_ 6. Based on comme its received,make minor revisions to the Final Master Plan documents. D. Grant Application Co ordination Phase Based on the approve I final master plan,we will: 1. Meal with a Grand Victoria Foundation representative to discuss the project_ 2. Obtain and prepare the required documents for the grant submittal package. 3. Answer incidentA.l questions posed by the grant administrator. Optional,Additional Sen ices If circumstances arise during our performance of the services outlined which we believe require additional services, we will promptly notify y:)u about the nature,extent and probable additional cost of the additional services,and perform only such additicnal services following your written authorization, Fox River Aihv=,Gail Borden:.ibrmy,city of Elgin Page 2 of 2 October 2()07 Texhirig Garden and Native fiat im Restoration at tha C,ail Aorden l.ihrmy