17-164 State of Illinois )
County of Kane)
City of Elgin )
Recording Information
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
RESOLUTION NO. 17-164
RESOLUTION
AUTHORIZING EXECUTION OF A PUBLIC ACCESS AND MAINTENANCE
EASEMENT AGREEMENT WITH ELGIN TOWER LLC FOR
POLICE SURVEILLANCE EQUIPMENT
(100 East Chicago Street)
adopted by the Elgin City Council at its legally convened meeting held on December 20, 2017.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this December 27, 2017.
Kimberly DewW, City Clerk
,SE
+-e it prepared by: Return to:
William . Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Resolution No. 17-164
RESOLUTION
AUTHORIZING EXECUTION OF A PUBLIC ACCESS AND MAINTENANCE
EASEMENT AGREEMENT WITH ELGIN TOWER LLC FOR
POLICE SURVEILLANCE EQUIPMENT
(100 East Chicago Street)
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 a public access and maintenance easement agreement with Elgin Tower
LLC for police surveillance equipment for the property legally described on Exhibit 1, a copy of
which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the public access and maintenance easement agreement to be recorded in the office of the
Recorder of Deeds of Kane County, Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 20, 2017
Adopted: December 20, 2017
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
PUBLIC ACCESS AND
MAINTENANCE EASEMENT AGREEMENT
WHEREAS,the undersigned, Elgin Tower LLC, an
Illinois limited liability company (collectively
"Grantor") owns that parcel of real estate legally
described on Exhibit 1 attached hereto (the
"Grantor's Parcel"). The Grantor's Parcel is located
in the City of Elgin, Kane County, Illinois, a body
corporate and politic of the State of Illinois (the
WHEREAS, Grantor's affiliate and the City
have entered into a certain Redevelopment Agreement
dated October 8, 2014, as amended (the"RDA");
WHEREAS,the RDA grants certain rights and
creates certain obligations as to each of the Parties
including,without limitation,the obligation on the part
of the Grantor to grant the easement herein created to
the City;
NOW, THEREFORE, pursuant to the requirements of the RDA, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and
the City do hereby agree as follows:
1. Background.
a) On the Grantor's Parcel is a building comprised of a basement, fifteen (15) stories above the
basement, and a roof(the`Building").
b) The Building is on the national and State of Illinois registry of historic properties, and its use
and improvement are subject to the rules and regulations of the National Park Service(NPS)
and State of Illinois standards for rehabilitation of historic properties (the "Federal and
State Historic Regulations").
c) On the roof of the Building are two(2)police surveillance cameras,and associated supporting
electronic equipment owned and operated by the City (the "Existing Elgin PD Surveillance
Equipment").
d) The City wishes to (i) install on the roof of the Building, at such times during the term of this
Agreement as the City deems appropriate,(A)two additional police surveillance cameras and
(B) up to three (3) dish-type communication antennae (collectively, the "Additional Elgin
PD Surveillance Equipment"), and (ii) support the Existing Elgin PD Surveillance
Equipment and New Elgin PD Surveillance Equipment with new fiber optic cabling ("New
City Surveillance Cabling")..
e) The Existing Elgin PD Surveillance Equipment and the Additional Elgin PD Surveillance
Equipment are collectively called the "Elgin PD Surveillance Equipment".
f) The Parties now wish to establish and memorialize the terms of the Surveillance Equipment
Easement as defined in Section 2 below, as required by the RDA.
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2. Grant of Surveillance Equipment Easement. Subject to the terms and provisions
set forth herein, the Grantor does hereby grant to the City a right and easement (collectively, the
"Surveillance Equipment Easement") to at all times during the Term of this Agreement (i) place,
maintain,operate,repair and replace the Elgin PD Surveillance Equipment on the roof of the Building,
(ii)install the basement panel and such conduits through which New City Surveillance Cabling may
be installed,maintained and replaced,as depicted on the schematic drawings("Schematics")attached
hereto as Exhibit 2, (iii)enjoy reasonable access through the common areas of the Building to gain
access to the basement panel, New City Surveillance Cabling and to the Elgin PD Surveillance
Equipment on the roof of the Building, and (iv) provide and allow the City the continued use of
the common electricity account for the Building at Grantor's cost, as same may be altered during
the redevelopment of the Building pursuant to the RDA, for the purposes of providing power to
the Elgin PD Surveillance Equipment. The Surveillance Equipment Easement is subject to the
following:
. (a) The term("Term")of Surveillance Equipment Easement shall commence on the date
of this Agreement and shall end on March 31, 2042.
(b) The New City Surveillance Cabling shall be placed entirely within conduit ("New
City Conduit"),and such New City Conduit may only be placed in the areas shown in the Schematics
attached hereto as Exhibit 2, and then only so as not to interfere with,or harm the structural integrity
or functionality of the Building or its mechanical systems. The Elgin PD Surveillance Equipment
may only be placed at such locations on the roof of the Building as(i)do not interfere or conflict with
other existing tenants or their roof-top equipment, (ii) do not interfered with the Grantor's existing
roof-top equipment, and (iii) do not violate the Federal and State Historic Regulations applicable to
the Building or prejudice the tax credits made available to the Grantor in connection with the adaptive
renovation of the Building. In exercising its easement rights hereunder, the City shall not cause any
roof leaks or structural damage to the Building or its roof. Additionally,the City covenants and agrees
to at all times keep and maintain its New City Surveillance Cabling and the Elgin PD Surveillance
Equipment in a good and safe condition, in compliance with all laws, and in a manner which does not
expose Grantor or its employees, agents or tenants to harm or which otherwise makes Grantor's
Building unsafe or unsightly.
(c) At the expiration of the Term (as same may be extended only by mutual written
agreement of the Parties), the City shall remove from the Grantor's Parcel all Elgin PD Surveillance
Equipment and repair any damage caused by said removal.
(d) The City shall indemnify and hold the Grantor, its employees, agents, tenant's,
successors and assigns,harmless from and against any and all claims, causes of action, liability, loss,
cost and expense asserted against or incurred by any member of the Indemnified Group and arising
out of or in connection with (i)the operation by the City of the Elgin PD Surveillance Equipment or
(ii)any bodily injury,death or property damage caused by the negligent or intentionally wrongful acts
of the City or any of its employees, agents or contractors while exercising its easement rights
hereunder.
The Surveillance Equipment Easement hereby created is not intended to create (and shall not be
construed to be) a blanket easement over the Grantor's Parcel.
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3. Miscellaneous Provisions.
(a) The covenants and provisions contained herein shall inure to the benefit of and be
binding upon the Grantor and the City and their respective heirs, successors, assigns, and grantees.
(b) This Easement Agreement shall be governed and construed in accordance with the
laws of the State of Illinois.
(c) This Easement Agreement contains the entire agreement and understanding of the
Grantor and the City with respect to the subject matter set forth herein, all prior agreements and
understandings having been merged herein and extinguished hereby.
(d) All notices herein required shall be in writing and shall be served on the parties at the
following addresses:
If to City: City of Elgin
Attn: Richard G. Kozal, City Manager
150 Dexter Court
Elgin, IL 60120
Fax: 847-931-5610
With copy to: William A. Cogley, Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
Fax: 847-931-5665
If to Developer: Elgin Tower LLC
Attn: Lisa Kortkamp and William Luchini
923 Victoria Lane
O'Fallon, IL 62269
Fax: 314-925-5897
with a copy to: Peter C. Bazos, Esq.
Bazos, Freeman, Schuster
& Braithwaite, LLC
1250 Larkin Avenue, Suite 100
Elgin, Illinois 60123
Fax 847-742-9777
Any such notices may be sent by (a) certified mail, return receipt requested, in which case notice
shall be deemed delivered on the date of deposit,postage prepaid in the U.S. mail or(b)a nationally
recognized overnight courier, in which case notice shall be deemed delivered on the date of deposit
with such courier or (c) by facsimile transmission to the parties at the facsimile numbers set forth
above followed the same day with the mailing of a copy of such notice,by regular mail,to the parties
at the foregoing addresses, in which case notice shall be deemed delivered upon electronic
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verification that transmission to the recipient was completed or(d)by personal delivery. The above
addresses and facsimile numbers may be changed by notice to the other party;provided that no notice
of a change of address or facsimile number shall be effective until actual receipt of such notice.
Notice on behalf of any party may be given by such party or its counsel to the other party and/or its
counsel.
. (e) Because the Grantor's Parcel is burdened by a mortgage in favor of Midland States
Bank,an Illinois state chartered bank(the"Mortgagee")dated August 18, 2016 and recorded in the
office of the Recorder of Deeds of Kane County,Illinois on September 13,2016 as document number
2016KO49164 (the "Existing Mortgage"), the Grantor shall cause the Mortgagee to execute this
Easement Agreement so as to give its consent to the granting of the Surveillance Equipment
Easement to the City on the terms set forth herein.
[signature page follows]
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WITNESS OF, the undersigned have executed this Easement Agreement as of
this day o 017.
Vl-
Elgin Tower LLC
An Illinois limited liability company
By: w
Name: William Luchini
Title: Manager
STATE OF ILLINOIS )
ss.
COUNTY OFS-y A-�5 )
BEFORE ME,the undersigned, a Notary Public, duly commissioned and qualified in and for
said County and State, personally came and appeared William Luchini, to me known to be the
Manager of Elgin Tower LLC, and to be the same person who executed the above instrument, who
declared and acknowledged to me, that in such capacity as said Manager he signed and executed the
foregoing instrument as his own free and voluntary act, and as the free and voluntary act of the said
Elgin Tower LLC, for the uses and purposes therein set forth.
Given under my hand and notarial seal this 6—da of 2017.
LISA KORTKAMIP
Notary Public-Notary Seal Notary Public
STATE OF MISSOURI
Commissioned for St.Louis County
My Commission Expires:January 3,2020
Commission# 11450106
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CITY OF ELGIN, a municipal
Corporat'
By
or
A es
ity le
THIS DOCUMENT PREPARED BY
AND AFTER RECORDING RETURN TO:
Peter C. Bazos, Esq.
1250 Larkin Avenue, Suite 100
Elgin, IL 60123
(847) 742-8800
FALegal DeptWgreement\Easement Agr-Elgin Tower-PublicAccess&Maintenance-redlined4-26-17.docx
6
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MORTGAGEE'S CONSENT '
I
The undersigned Mortgagee, Midland States Bank, an 'Illinois state chartered bank, being the I
holder of a certain mortgage (the"Mortgage")dated August.18,2016 and recorded_on September
13, 2016 as document number 2016K0491.64, does hereby subordinate the said Mortgage to the
easement rights of the City of Elgin as created by the provisions of this Public Access and
Maintenance Easement Agreement.
Dated thi441.day of 2017
I
Midland States Bank j
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Nam itivie, ffnw-
Title u a U,'f #VSWt#- * iI
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STATE OF ILLINOIS )
COUNTY OF
I,the undersigned, a notary public in and for said County, in the State aforesaid;DO HEREBY
CERTIFY that C kisni\y, ukAnn ,personally known to me to be the"a,►At i of j
Midland States Bank. an Illinois state chartered bank,appeared before me this day and !�
acknowledged that in.his capacity as such P_M A he signed.and delivered the
foregoing Mortgagee's Consent as his free and voluntary act,and as the free and voluntary act
and deed of said Midland States Bank, for the uses and purposes therein set forth. j
GIVEN under my hand and official seal this day of p,%W , 2017
i
J i
NOTARY PUBLIC
My commission expires:
(NOTARY SEAL)
ALISON A CARDONA
Official Seal
Notary Public State of Illinois
My Commission Expires Jul 26,2021
i
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EXHIBIT 1
LEGAL DESCRIPTION OF GRANTOR'S PARCEL
Property Address: 100 East Chicago Street
State: Illinois
County: Kane
City: Elgin
PIN: 06-14-283-018
Legal Description:
PARCEL ONE:
That part of Lots 3 and 4 In Block 19 of the Original Town of Elgin on the East side of Fox River,
described as follows: Beginning at the Southeast corner of said Lot 4; thence North along the East
line of said lot, 60 feet; thence West at right angles to said East line, 66 feet to the West line of
said lot; thence Southwesterly at right angles to the Easterly line of River Street to the Westerly
line of said Lot 3; thence Southerly Along said Westerly line and along the Westerly line of Lot 4
aforesaid to the South line of said Lot 4; thence East along the South line of said lot, 49.5 feet to
the point of beginning, in the City of Elgin, Kane County, Illinois.
PARCEL TWO:
That part of Lot 3 in Block 19 of the Original Town of Elgin on the East aide of Fox River,
described as follows;Beginning at a point on the westerly line of Lot 3 aforesaid,44 feet Southerly
from the Northwest corner thereof, thence Southerly along the Westerly line of said lot, 53 feet
and 8 inches to the Northerly line of the lot conveyed to the Home National Bank of Elgin by deed
dated June 3, 1890,and recorded June 17, 1890 as document 30468, in.book 266,page 115;thence
Easterly at right angles to the Easterly line of River Street, 19 foot 9 inches to the East line of said
Lot 3; thence North along said East line to a point therein from which a line drawn at right angles
to the Easterly line of River Street would intersect the place of beginning; thence Westerly at right
angles to River Street and along said line 60 feet and 2 inches to the point of beginning, in the City
of Elgin, Kane County, Illinois
PARCEL THREE:
The North 21 feet of the South 81 feet of Lot 4, (measured on the East line of said lot) in Block 19
of the Original Town of Elgin on the East side of Fox River, in Section 14, Township 41 North,
Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois.
8
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Resolution No. 17-164
RESOLUTION
AUTHORIZING EXECUTION OF A PUBLIC ACCESS AND MAINTENANCE
EASEMENT AGREEMENT WITH ELGIN TOWER LLC FOR
POLICE SURVEILLANCE EQUIPMENT
(100 East Chicago Street)
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 a public access and maintenance easement agreement with Elgin Tower
LLC for police surveillance equipment for the property legally described on Exhibit 1, a copy of
which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the public access and maintenance easement agreement to be recorded in the office of the
Recorder of Deeds of Kane County, Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: December 20, 2017
Adopted: December 20, 2017
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk