13-12 Resolution No. 13-12
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH COMMUNITY COLLEGE DISTRICT NO. 509 REGARDING THE SALE OF
A 41 ACRE CITY PARCEL BORDERING THE SOUTH SIDE OF SPARTAN DRIVE
AND THE WEST SIDE OF MCLEAN BOULEVARD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS, that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute an Intergovernmental Agreement with Community College District No. 509 on
behalf of the City of Elgin for the sale of a 41 acre city parcel bordering the south side of Spartan
Drive and the west side of McLean Boulevard, a copy of which is attached hereto and made a part
hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: January 23, 2013
Adopted: January 23, 2013
Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
12/14/12
INTERGOVERNMENTAL AGREEMENT BETWEEN
COMMUNITY COLLEGE DISTRICT NO. 509 AND THE CITY OF ELGIN
FOR THE PURCHASE OF REAL ESTATE
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement- "contract") is made and
entered into on January?—, 2013, (the '`Effective Date") between COMMUNITY COLLEGE
DISTRICT NO. 509, an Illinois Community College; 1700 Spartan Drive, Elgin, Illinois 60123
(herein "Purchaser-) organized pursuant to the Public Community College Act, 110 ILCS
805/1.1 et seq.; and the CITY OF ELGIN; an Illinois Municipal Corporation; 150 Dexter Court,
60120 (herein the "Seller"); herein sometimes collectively referred to as the "Parties."
RECITALS:
WHEREAS; it is in the best interest of the CITY and ECC to enter into this Agreement and
undertake to perform the obligations herein provided; and
WHEREAS; the Seller is the owner of certain lands located within the City of Elgin, situated in
Kane County; Illinois, consisting of an approximately 41 acre parcel bordering the south side of
Spartan Drive and the west side of McLean Boulevard referred to herein as the "Real Estate" and
as legally described in Exhibit "A" attached hereto; and
WHEREAS; Purchaser wishes to purchase the Property, subject to and pursuant to the terms and
conditions of this Agreement and pursuant to Article VII, Section 10 of the Constitution of the
State of Illinois, the Local Government Property.Transfer Act. 50 ILCS 605/0.01 et seq., and the
Intergovernmental Corporation Act; 5 ILCS 220/5 et seq.
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter set
forth; and the above recitals; which are by this reference incorporated herein; the sufficiency of
which is hereby acknowledged by the parties hereto, the parties hereto agree as follows:
1. Agreement to Purchase. Community College District No. 509 ("Purchaser")
agrees to purchase at the price of Eight Million Dollars ($8;000;000.00); ("Purchase Price") on
the terms set forth herein, the Real Estate and all improvements thereon and appurtenances
thereto, such Real Estate being legally described in Exhibit A attached hereto.
2. Agreement to Sell. The City of Elgin; as owner of record of the Real Estate
("Seller') agrees to sell the Real Estate described above at the price and terms set forth herein,
and to convey or cause to be conveyed to Purchaser title thereto by a recordable warranty deed,
with release of homestead rights, and subject only to (a) current real estate taxes not yet due and
payable; (b) those title exceptions set forth on Exhibit B attached hereto.
3. Payment Structure. At the Closing. Purchaser shall pay the total Purchase Price,
plus or minus prorations.
4. Survev. Purchaser acknowledges that Seller has previously provided to Purchaser
an ALTA/ACSM Land Title Survey of the Real Estate dated November 18, 2010 prepared by
Alan J. Coulson, P.C. Professional Land Surveyors. Purchaser acknowledges and agrees that
such survey does not disclose any defects or other matters that would result in Unpermitted
Exceptions. At the Closing, Seller shall provide an affidavit that there have been no additional
improvements to the Real Estate since the date of such survey.
5. Title. Within thirty (30) days of the entry into this contract, Seller, at its own
expense, shall furnish to Purchaser a title commitment (the "Title Commitment") for an ALTA
(2006) owner's title insurance policy issued by Chicago Title Insurance Company (the "Title
Company") in the amount of the purchase price and including extended coverage over the so-
called "general exceptions" to the policy, covering title to the land and improvements on or after
the date hereof showing title in the Seller; subject only to (a) current real estate taxes not yet due
and payable; (b) those title exceptions set forth on Exhibit B hereto; and (c) title exceptions
pertaining to liens or encumbrances of a definite or ascertainable amount which may be removed
by the payment of money at Closing and which the Seller agrees to remove (collectively the
"Permitted Exceptions"). At Closing, Seller also shall furnish Purchaser an affidavit of title in
customary form covering the date of Closing and showing title in Seller subject only to the
Permitted Exceptions.
6. Title Clearance. If the title commitment or plat of survey discloses either
unpermitted exceptions or survey matters that render the title not in conformance with the
provisions of this contract (herein referred to as "survey defects"), Purchaser shall notify Seller
in writing of any objections within thirty (30) days of the receipt of the later of the title
commitment and survey ("Objection Notice"). Seller shall have sixty (60) days from the date of
delivery of the Objection Notice (but until June 30, 2013, to obtain the release from the State of
Illinois referred to in Section 29 hereof) to have the exceptions removed from the commitment or
to correct such survey defects or, if Purchaser so approves in writing, to have the Title Company
commit to insure against loss or damage that may be occasioned by such exceptions or survey
defects. If Seller fails to have the exceptions removed or correct any survey defects, or in the
alternative, to obtain the commitment for title insurance specified above as to such exceptions or
survey defects (if Purchaser so approves in writing) within the specified time, Purchaser may,
within thirty (30) days thereafter, either (i) terminate this contract; or (ii) or may elect, upon
notice to Seller to take title as it then is, with no adjustment to the Purchase Price. If Purchaser
does not so elect, Purchaser be deemed to have elected (i) above.
7. Inspection. Seller and Purchaser further agree as follows:
A. The obligation of Purchaser to purchase the Real Estate pursuant to this contract
is subject to and contingent upon the condition precedent that Purchaser shall have found the
environmental condition of the Real Estate to be acceptable to the Purchaser following the
performance of such environmental investigations and/or testing on the Real Estate as the
Purchaser may elect to perform at its sole expense.
B. Within ten (10) days following the entry into and execution of this contract (with
such date of entry and execution being the date of the adoption of the resolution by the City
Council of the Purchaser authorizing the execution of this contract), the Seller shall deliver or
cause to be delivered to the Purchaser copies of any existing surveys of the Real Estate and
copies of all reports and/or documents in Seller's possession or control regarding the
environmental condition of the Real Estate including, but not limited to, geological studies,
environmental assessments, reports, soil tests, groundwater tests or other test results. The
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Purchaser shall thereafter commence performance of any environmental inspections of the Real
Estate that it elects to perform and shall complete same within ninety (90) days of the entry into
and execution of this contract. Seller hereby agrees to allow Purchaser and its agents and
contractors reasonable access to the Real Estate to conduct such environmental inspections
including, but not limited to, subsurface investigations. The Purchaser shall give the Seller five
(5) days advance notice of any sub-surface testing to be conducted on the subject property. The
Purchaser agrees to reasonably restore the Real Estate after the environmental inspections,
remove any waste generated in such inspection process and indemnify, defend and hold Seller
harmless from any liability, loss, claim, cost or expenses pertaining to any bodily injury or
property damage arising out of the Purchaser's performance of the environmental inspections of
the Real Estate.
C. A full and complete copy of any reports or other documents received by the
Purchaser and containing the test data, findings, conclusions and recommendation of the party
performing such environmental inspections of the Real Estate shall be promptly provided by the
Purchaser to the Seller.
D. If the Purchaser determines, in its sole discretion, that the Real Estate is
unsuitable for acquisition by the Purchaser, the Purchaser may, at its written election delivered to
the Seller not later than ninety (90) days after the entry into and execution of this contract,
declare this contract null and void whereupon this contract shall be deemed terminated, null and
void and without further obligations or liabilities of the parties hereto. If such written notice is
not served within the time specified, Purchaser shall be deemed to have waived this contingency
and Purchaser shall be deemed to have elected to proceed with the purchase of the Real Estate
pursuant to the terms of this contract and this contract shall remain in full force and effect.
8. Closing. The time of Closing ("Closing'' or "Closing Date") shall be within thirty
(30) days following the Purchaser having obtained the release from the State of Illinois referred
to in Section 29 hereof or such other date as may hereafter be agreed to by the parties, but in no
event later than December 31, 2013: provided, however, that if by said date the Purchaser has not
obtained the release from the State of Illinois referred to in Section 29 hereof, either party may
terminate this Agreement upon written notice to the other. Unless subsequently mutually agreed
otherwise. Closing shall take place at the office of the Escrowee (as hereinafter defined),
provided title is shown to be good or is accepted by Purchaser.
9. Prorations. General taxes shall be adjusted ratably as of the time of Closing. If
the amount of the current general taxes is not then ascertainable, the adjustment thereof except
for that amount which may accrue by reason of new improvements, shall be on the basis of 105%
of the amount of the most recent ascertainable taxes; subject to reproration when the amount
thereof becomes ascertainable. Seller shall pay the amount of any stamp tax imposed by state or
county law or local ordinance on the transfer of title, if any, and furnish a completed Real Estate
Transfer Declaration signed by Seller or Seller's agent in the form required pursuant to the Real
Estate Transfer Tax Act of the State of Illinois, and shall furnish any declaration signed by Seller
or Seller's agent or meet other requirements as established by any county or local ordinance with
regard to a transfer or transaction tax.
10. Intentionally Omitted.
11. Commissions. Seller and Purchaser each warrant to the other that they have dealt
with no real estate broker in connection with this transaction. Each party agrees to indemnify,
hold harmless and defend the other party from any loss, costs, damages or expense (including
reasonable attorney's fees) arising out of a breach of the warranty contained in this Section 6.
12. Seller Warranties: Seller represents and warrants to Purchaser as follows:
(a) Seller is not a "foreign person" within the meaning of Section 1445 of the Internal
Revenue Code. At closing, Seller shall deliver to Purchaser a certificate of non-
foreign status.
(b) There are no existing leases affecting the Real Estate.
(c) With the sole exception of the Purchaser's right of first negotiation for a portion of
the Real Estate pursuant to the previous intergovernmental agreement between the
Purchaser and the Seller dated January 27, 2010, there are no existing contracts or
options to purchase the Real Estate.
(d) There exists no management agreement, exclusive brokerage agreement or service
agreement of any kind relative to the Real Estate that will continue in force
beyond the closing date.
(e) As of the Closing Date, the Real Estate will be vacant and unoccupied.
13. Condition and Possession of the Real Estate at Closing. Seller agrees and shall
deliver to Purchaser at Closing possession of the Real Estate in the same condition as it is at the
date of this contract, ordinary wear and tear excepted. Seller shall deliver possession of the Real
Estate to Purchaser at Closing vacant without any tenants or occupants.
14. Survival. All representations, warranties, indemnities and covenants made by
Seller to Purchaser under this Contract shall be deemed remade_ as of the Closing and shall
survive the Closing, and the remedies for the breach thereof shall survive the Closing and shall
not be merged into the closing documents.
15. Closing Documents. In addition to the deed, survey, affidavit of title, transfer
declarations and other documents described in this Contract. Seller shall deliver or cause to be
delivered to Purchaser at Closing the following:
(a) an ALTA statement signed by Seller:
(b) a title policy or marked-up commitment in the amount of the purchase price, dated
on the Closing Date, insuring title in Purchaser or Purchaser's nominee, in the
condition required under Section 5:
(c) a Plat Act Affidavit, if applicable:
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(d) payoff letters with respect to all mortgages of record;
(e) a release from the State of Illinois for the restrictions on the utilization of the Real
Estate referred to in Section 29 hereof, and releases with respect to any other liens
or encumbrances,
(f) an affidavit from the Seller of no additional improvements to the Real Estate since
the date of the survey referred to in Section 4 hereof,
(g) other documents required by the title company to waive exceptions to title not
permitted by this contract;
(h) a non-foreign affidavit, prepared in compliance with the requirements of the
Internal Revenue Code Section 14.45(e), from the Seller;
(i) a closing statement, and
(j) such other documents, instruments, certifications and confirmations as
customarily required by the Title Company or as may be otherwise reasonably
required in order to consummate this transaction.
16. Default. Seller and Purchaser agree that, in the event of a default by either party
the other party shall; prior to taking any such action as may be available to it, provide written
notice to the defaulting party stating that they are giving the defaulted party thirty (30) days
within which to cure such default. If the default shall not be cured within the thirty (3)0) days
prior aforesaid, the party giving such notice shall be permitted to avail itself of remedies to
which it may be entitled under this contract.
17. Remedies. In the event that either party fails or refuses to carry out its obligations
under this contract the other party shall be free to pursue any available legal remedies at law or in
equity; provided, however, neither party shall be liable for consequential, incidental or special
damages.
18. Escrow. This sale shall be closed through an escrow by means of a "New York
Style" closing (the "Escrow') with Chicago Title and Trust Company ("Escrowee '), in
accordance with the provisions of the Deed and Money Escrow Agreement then in use by
Escrowee, with such special provisions inserted in the escrow agreement as may be required to
conform with this Contract. Upon the creation of such Escrow, payment of the purchase price
and delivery of deed shall be made through the Escrow and the earnest money shall be deposited
in the Escrow. The cost of the Escrow and any so-called "New York Style" closing fee shall be
divided equally between Seller and Purchaser. Purchaser and Seller shall make all deposits into
the escrow in a timely manner to permit the Escrowee to disburse the Escrow on the Closing
Date. Seller and Purchaser shall each provide any undertaking (the "GAP Undertaking") to the
Title Company necessary to effectuate the New York Style closing.
19. Time. Time is of the essence of this Contract.
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20. Manner of Pavment. Any payments herein required to be made at the time of
Closing shall be by certified check, cashier's check. City of Elgin check or wire transfer.
21. Notices. All notices herein required shall be in writing and shall be served on the
parties at the addresses following their signatures. The mailing of a notice by registered or
certified mail, return receipt requested; or personal delivery by courier service shall be sufficient
service. Notices may also be served on the attorneys for the parties by use of a facsimile
machine with proof of transmission and a copy of the notice with proof of transmission being
sent by regular mail on the date of transmission.
22. Interpretation. This contract shall be construed, and the rights and obligations of
Seller and Purchaser hereunder. shall be determined in accordance with the laws of the State of
Illinois without reference to its conflict of laws rules.
23. Failure to Enforce Provisions. The failure by a party to enforce any provision of
this contract against the other party shall not be deemed a waiver of the right to do so thereafter.
24. Amendments. This contract may be modified or amended only in writing signed
by the parties hereto, or their permitted successor or assigns, as the case may be.
25. Entire Agreement. This agreement contains the entire agreement and
understanding of the parties herein, all prior agreements and undertakings having been merged
herein and extinguished hereby.
26. Joint and Collective Work Product. This contract is and shall be deemed and
construed to be a joint and collective work product of the Purchaser and the Seller, and, as such,
this contract shall not be construed against the other party, as the otherwise purported drafter of
same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,
vagueness or conflict, if any, and the terms or provisions contained herein.
27. Assignment. This contract shall be binding on the parties hereto and their
respective successors and permitted assigns. This contract and the obligations hereunder may
not be assigned without the express written consent of each of the parties hereto.
28. Uniform Vendor and Purchase Risk Act. The parties agree that the provisions of
the Uniform Vendor and Purchase Risk Act of the State of Illinois (765 ILCS 65/1 et seq.) shall
be applicable to this contract.
29. Release from State of Illinois. Notwithstanding anything to the contrary in this
contract, the obligations of Purchaser to purchase the Real Estate and the obligation of Seller to
sell the Real Estate pursuant to this contract are further subject to and contingent upon the Seller
obtaining prior to Closing a release from the State of Illinois regarding the restrictions on the
utilization of the Real Estate contained in House Bill 1868; as amended by subsequent
legislation. restricting the use of the Real Estate for public educational and recreational purposes.
In the event the Seller is unable to obtain such a release from the State of Illinois by June 30,
2013, either party may, at its written election; delivered to the other party; declare this contract
null and void whereupon this contract shall be deemed terminated, null and void and without
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further obligations or liabilities of the parties hereto, so long as termination occurs prior to the
release being obtained. Failure to obtain the release creates no liability against the Seller
whatsoever. Purchaser agrees to reasonably assist Seller's efforts to obtain the release. Neither
party hereto shall be obligated to spend any money to obtain the release.
30. Zoning and Subdivision. Within-thirty (30) days following the expiration of the
Feasibility Period (unless this Agreement is sooner terminated), the Purchaser and Seller shall
jointly file with the City of Elgin an application to rezone the portion of the Subject Property
labeled as ''Future PNB Zoning" on Exhibit C hereto from the current zoning classification of the
CF Community Facility Zoning District to the PNB Planned Neighborhood Business Zoning
District and to subdivide the property into two parcels as depicted in Exhibit C hereto. The
Seller agrees to promptly, and without undue delay, administratively process this application.
All filing and processing costs of the City relating to such application shall be waived by the
City. Such application shall include all materials and documents customarily required by the
City for such rezoning and subdivision applications. Notwithstanding anything to the contrary in
this Agreement, all of the party's obligations hereunder are expressly subject to and contingent
upon the City Council of the City adopting an ordinance(s) and/or resolution(s) to provide for
such rezoning and subdivision of the property. In the event the City Council does not in its sole
and exclusive discretion adopt such an ordinance(s) or resolution(s) to provide for such rezoning
and subdivision of the property within 180 days after the entry into this Agreement, or in the
event the Purchaser does not agree to the final form and contents of the proposed PNB Planned
Development Zoning Ordinance proposed to be adopted by the City Council, then either party
shall have the right, by written notice to the other, to terminate this Agreement whereupon this
Agreement shall be deemed terminated and null and void with no further liability, obligations or
ri ghts of either party hereunder.
31. Seller's Contract with JBSS Properties. LLC. Purchaser expressly acknowledges
and understands that concurrently with the entry into this Agreement the Seller is also entering
into a real estate sale contract with JBSS Properties, LLC, whereby the Seller is purchasing
certain property currently owned by JBSS Properties, LLC, such property commonly known as
750 S. State Street (such agreement between the Seller and JBSS Properties, LLC is hereinafter
referred to as the "Seller's Purchase Agreement"). The Seller has provided the Purchaser a copy
of Seller's Purchase Agreement. Notwithstanding anything to the contrary in this Agreement. it
is expressly agreed and understood that the obligations of Seller to sell the Real Estate pursuant
to this Agreement to the Purchaser is further subject to and contingent upon the Seller being able
to complete the purchase of the JBSS Properties, LLC property pursuant to Seller's Purchase
Agreement. In the event the Seller determines that is not able to complete and close the purchase
of such JBSS property concurrently or immediately following the closing pursuant to this
Agreement, Seller may at its sole discretion and at its written election delivered to Purchaser,
declare this Agreement null and void whereupon this Agreement shall be deemed terminated,
null and void, without further liabilities, obligations or rights of the parties hereto.
32. As Is/Where Is Sale. Seller has not made. and shall not be deemed to have made.
and Purchaser has not relied upon, any representation or warranty, either express or implied, to
Purchaser, or any person representing Purchaser, or any person or entity upon which Purchaser
relies in purchasing the Real Estate as to any matter whatsoever concerning the Real Estate
except for any representation or warranty expressly set forth in this Agreement. Purchaser
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acknowledges that the purchase of the Real Estate by Purchaser is on an "AS IS" basis.
PURCHASER EXPRESSLY AGREES TO ACCEPT THE REAL ESTATE "AS IS" AND
"WHERE IS." SELLER SHALL UNDER NO CIRCUMSTANCES BE DEEMED TO HAVE
MADE, AND SELLER HEREBY DISCLAIMS; ANY REPRESENTATION OR WARRANTY,
EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING
WITHOUT LIMITATION, THE CONDITION OF THE REAL ESTATE AND EACH PART
THEREOF, ANY ENVIRONMENTAL CONDITION WITH RESPECT TO THE REAL
ESTATE INCLUDING, WITHOUT LIMITATION, THE PRESENCE OF ANY POLLUTANT
OR CONTAMINANT; INCLUDING ANY HAZARDOUS SUBSTANCE IN, ON OR UNDER
THE REAL ESTATE), AND THE ADEQUACY, SUITABILITY OR FITNESS FOR ANY
PARTICULAR PURPOSE OF THE REAL ESTATE OR ANY PART THEREOF. SELLER
SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION OR STRICT OR
ABSOLUTE LIABILITY IN TORT, OCCASIONED BY OR ARISING IN CONNECTION
WITH THE CONDITION OR ANY ALLEGED CONDITION OF THE PROPERTY,
INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF ANY
ENVIRONMENTAL CONDITION WITH RESPECT TO THE REAL ESTATE (INCLUDING,
WITHOUT LIMITATION, THE PRESENCE OF ANY POLLUTANT OR CONTAMINANT,
INCLUDING ANY HAZARDOUS SUBSTANCE IN, ON OR UNDER THE REAL ESTATE).
Seller shall not be obligated to conduct any inquiry or investigation regarding the condition of
the Real Estate in connection with this Contract. The provisions of this Section 32 shall survive
the delivery and recording of the Deed.
CITY OF ELGIN COMMUNITY COLLEGE DISTRICT NO.509
an Illinois Community College
By e By
Mayor V QLs P dent
Attest: Attest:
rt,, Clerk -goarT Secretary
City of Elgin Elgin Community College
150 Dexter Court 1700 Spartan Drive
Elgin, Illinois 60120-5555 Elgin, Illinois 6012'
City Manager Attention: President
with a copy of any notice to: with a copy of any notice to:
William A. Cogley John F. Early, Esq.
Corporation Counsel Early, Tousey, Regan and Wlodek
City of Elgin 2400 Big Timber Road
150 Dexter Court Suite 201 A
Elgin, Illinois 60120-5555 Elgin, Illinois 60124
847-931-5655 (phone)
847-931-5665 (facsimile)
8 '
EXHIBIT A
Legal Description of the Real Estate
That part of the Southwest Quarter of Section 22, Township 41 North. Range 8 East of the Third
Principal Meridian described as follows: Commencing at the Southwest corner of said Southwest
Quarter; thence North 88 degrees 32 minutes 57 seconds East along the South line thereof.
286.24 feet to the point of beginning; thence North 01 degree 27 minutes 03 seconds West
576.18 feet to the Southerly line of Spartan Drive per dedication by Document No. 1104835
recorded December 27; 1967; thence Northeasterly along said Southerly line being on a curve to
the left having a radius of 780.0 feet an arc distance of 88.55 feet, chord of the last described
curve bearing North 55 degrees 26 minutes 21 seconds East, 88.50 feet); thence North 52
degrees 11 minutes 13 seconds East along said Southerly line 1286.34 feet; thence Easterly along
said Southerly line being on a curve to the right having a radius of 470.0 feet an arc distance of
381.57 feet. (the chord of the last described curve bearing North 75 degrees 26 minutes 40
seconds East. 371.17 feet); thence South 81 degrees 17 minutes 53 seconds East along said
Southerly line 25').03 feet to the Westerly line of McLean Boulevard per Document No. 1081166
recorded December 5; 1966 (said line being 100.0 feet Westerly of the centerline of said road):
thence Southerly along said Westerly line being on a curve to the left having a radius of 4293.46
feet an arc distance of 353.04 feet; (the chord of the last described curve bearing South 07
degrees 54 minutes 49 seconds West; 352.94 feet); thence South 05 degrees 33 minutes 29
seconds West along said Westerly line 769.94 feet; thence Southerly along said Westerly line
being on a curve to the left having a radius of 34.603.68 feet an arc distance of 316.52 feet. (the
chord of the last described curve bearing South 05 degrees 17 minutes 45 seconds West; 316.52
feet) to the South line of the Southwest Quarter of Section 22 aforesaid; thence South 88 degrees
32 minutes 57 seconds West along said South line 1532.02 feet to the point of beginning, in
Kane County, Illinois.
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EXHIBIT B
1. General taxes for the year 2012; and subsequent years which are not yet due and payable.
2. Public utility easements.
3. Zoning laws, statutes and ordinances.
4. Covenants, conditions and restrictions of record, if any, which do not prohibit or
unreasonably restrict the Purchaser's intended use of the Real Estate.
5. Matters depicted on survey dated November 18, 2010, by Alan J. Coulson P.C.
Professional Land Surveyors.
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EXHIBIT C
Aerial photograph depicted parcel along McLean Boulevard to be rezoned.
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Feel
City of Elgin Memorandum
Date: March 6, 2013
To: Kimberly A. Dewis, City Clerk
From: Barbara E. Furman, Legal Secretary/Paralegal
Subject: City of Elgin Sale to Community College District No. 509 (ECC)
Attached for your records please find an original fully executed copy of the Intergovernmental
Agreement Between the City of Elgin and Community College District No. 509 dated January 23,
2013.
Attachment