HomeMy WebLinkAboutResolution #1181
RESOLUTION N0. 1181
A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF CANTON AND
HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA AND DIRECTING THE
MAYOR AND CITY CLERK TO EXECUTE AND DELIVER THE SAME
WHEREAS, the City of Canton has entered into discussions for the
acquisition of certain water lines to be constructed as provided in
the attached agreement; and,
WHEREAS, the Canton City Council has determined that it is necessary
and in the best interest of the City of Canton to enter into the attach-
ed agreement.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CANTON, Fulton County, Illinois as follows:
1. That the proposed agreement between the City of Canton and
Health Care and Retirement Corporation of America, Exhibit A to this
Resolution, be and the same hereby is approved.
2. That the Mayor and City Clerk are hereby authorized and in-
structed to execute and deliver the same on behalf of the City of
Canton.
3. That this Resolution shall be in full force and effect immed-
iately upon its passage by the City Council of the City of Canton,
Fulton County, Illinois and approval by the Mayor thereof.
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PASSED by the City Council of the City of Canton, Ful on County,
Illinois at a regular meeting this 7th. day of QCtQGer ,
1986 upon a roll call vote as follows:
AYES: Aldermen Kovachevi:ch_, Zi11y, ~te.c[c, Sarfi•, Bghler, May,
Chapman.
NAYS: None.
ABSENT: Alderman Workman
APPROVED:
Donald E. Edwards, Mayor.
ATTEST:
~, ,
Na y Whi s, City Clerk.
AGR1381KBNT
This Agreement made and entered into as of this 8th day of
October , 1986, WITNESSETH:
1. Parties: the parties to this Agreement are the City of
Canton, an Illinois municipal corporation, hereinafter called
"City", and Health Care and Retirement Corporation of America, an
Ohio Corporation, hereinafter called "Health Care".
2. Subject Matter: The subject matter of this Agreement is:
a) The acquisition by the City of water lines to be
installed by Health Care generally to be located as set forth in
Exhibit A attached and the continued maintenance and operation of
same by the City, after the satisfactory completion of such lines
by Health Care, as part of the City's municipal water system.
b) The construction, installation, and completion of such
lines by Health Care in conformity with plans and specifications
now or hereafter to be submitted to and approved by the City as
well as by the Illinois Environmental Protection Agency and all
other applicable State and/or Federal regulatory agencies.
c) The assignment by Health Care to the City of part of a
certain easement across the South 25 feet of Lots 2 and 4 in Sutton
and Moore Subdivision, Section two, recorded as Document 79-3731 on
Slide 23, Fulton County Records, Fulton County, Illinois. A copy
of the easement to be assigned is attached as Exhibit B and is here
fully incorporated by reference.
d) The dedication and conveyance to the city by Health
Care of said lines, together with permanent easements to the City
to erect, construct, install, lay, use, operate, inspect, repair,
maintain, replace, and remove water lines (and all necessary
appliances and appurtenances relating thereto) over, under, and
across Health Care's real property and said easement. The easement
to be granted shall be not less than 20 feet in width and shall be
centered over said water lines as the same are ultimately
constructed by Health Care.
ti
3. Consideration: The consideration supporting this
Agreement are the mutual covenants, agreements, promises, and
representations set forth in this Agreement. Each of the City and
Health Care acknowledge the sufficiency of the consideration
supporting this agreement; each of the City and Health Care hereby
irrevocably agree that the other, together with any other party or
entity claiming by or through either the City or Health Care, shall
be forever barred, estopped, and precluded from asserting a lack of
or insufficiency of consideration supporting this Agreement.
4. Duties: In addition to the general duties provided for in
this Agreement, the parties specifically agree to perform as
follows:
a) Health Care agrees to:
(1) Construct the contemplated water lines, at no
expense to the City, except as herein set forth, in conformity with
all applicable plans, specifications, and permits.
(2) Allow the City by its agents, employees,
officials, officers, or contractors to inspect the construction of
the water lines.
(3) Provide all information, data, plans,
specifications, and as builts to the city which may reasonably be
necessary for the City to accept and operate said lines as part of
the City's water system.
(4) Upon approval and acceptance by the City, to
transfer ownership of said water lines to the City free and clear
of any and all liens, encumbrances, claims of lien, or of any
matter which, in the sole opinion of the City's attorney, would
cause a cloud or defect in the City's title to same.
(5) Upon approval and acceptance by the City to
execute and deliver to the City the requisite easement(s) in form
and substance satisfactory to the City identified in the foregoing
paragraph 2(d) and as set forth in Exhibit A attached and herein
fully incorporated by reference.
(6) Upon approval and acceptance by the City, to
assign to the City the easement identified in Exhibit B.
b) City agrees to:
-2-
(1) Inspect the construction of the contemplated
water lines during their construction.
(2) Cooperate fully with Health Care in the
construction of the contemplated water lines.
(3) Reimburse Health Care for the difference in the
cost of materials in laying an 8 inch water line from Point A on
the attached Exhibit A westerly on the north of the Health Care
complex to Point C on attached Exhibit A, over the cost of a 6 inch
line.
(4) Reimburse Health Care for the actual cost of
materials and installation of an 8 inch water line from Point C on
attached Exhibit A to the East right-of-way line of Illinois Route
78, a run of approximately 110 feet.
(5) Accept title to said water lines upon full and
complete performance in the premises by Health Care and to
thereafter operate and maintain said lines as part of the City's
water system.
(6) Operate said water line(s) so that Health Care
receives at either the East or West line of its present property a
volume of water normally to be expected to be received at said
point(s) from a standard 6 inch water line at between 50 to 60
P.S.I. However, nothing in this paragraph or in this Agreement
shall ever be construed as a guarantee by the City of water
services to Health Care by the City.
5. Contingencies. The City's obligation to accept said water
lines and to operate same as part of the municipal water system is
specifically contingent upon Health Care's completing not only the
contemplated water lines, but, also, the development which said
lines support.
6. This Agreement shall be binding upon the successors and
assigns of each of the City and Health Care.
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IN WITNESS WHEREOF this Agreement has been executed and
delivered by each of the City and Health Care as of the date first
above written.
CITY OF CANTON (the "City"), an
Illinois municipal corporation,
~~
aY : ~' ~ ~ ~nz~
Donald E. Edwards, Mayor. ~
ATTEST:
Nancy White City Clerk. ~
HEALTH CARE AND RETIREMENT CORPORATION
OF AMERICA ("Health Care"), an Ohio
corporation,
BY : ~ ~ ~~
Its c1~t_ President.
ATTEST•
Corporate Secretary.
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Agreement No.~
Exhibit A,
Page 1
i4~eric~v Pro~c
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S2r/E'r ~'.~S~rr;cn7`
ocross f'sch:r~c
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Job No. 2~
_S~~t /7 /9.
ry
EASEN~VT DESCRIPTION ACROSS HCR PROPERTY
A 20 ft. wide Easement the Centerline of which is described as follows:
A part of the Northeast Quarter of Section 15, T. 7 N., R. 4 E., 4th P.M.,
City of Canton, Fulton County, Illinois, described as follows and bearings are
for descriptive purposes only: Comt~'ncing at the Northeast Corner of Health
Care and Retirement Corporation of America Property; thence along the West line
of Industry Road bearing S. 22°52'51" W., a distance of 155 ft. to the Point of
Beginning of said Centerline; thence bearing West, a distance of 405 ft. to a
Point. "A": thence bearing South, a distance of 85 ft.; thence bearing West,
a distance of 62 ft. to a point, "B"; And also, beginning at point "A"; thence
bearing North, a distance of 82 ft.; thence bearing West, a distance of 325 ft.
to a point "C"; thence bearing South a distance of 112 ft.; thence bearing East,
a distance of 23 ft. to a point "D"; And also, beginning at point "C"; thence
bearing West a distance of 110 ft. more or less to a point on the East right-
of-way line of Route 78; said point also being the point of termination of said
centerline.
Agreement No."~
Exhibit A,
Page 2
EABEKENT
KNOW ALL MEN BY THESE PRESENTS, that Pschirrer Asphalt Company, an
Illinois Corporation, of the City of Canton, County of Fulton,
State of Illinois, hereinafter called Grantor, in consideration of
One Dollar ($1.00) and other good and valuable considerations paid
by the Aealth Care and Retirement Corporation of America, an Ohio
Corporation, of the City of Lima and State of Ohio, hereinafter
called the Grantee, the receipt and sufficiency of which is hereby
acknowledged, does hereby grant, bargain, sell, transfer and convey
to said Grantee, its successors and assigns, a permanent easement
with the right to erect, construct, install and Iay, and thereafter
use, operate, inspect, repair, maintain, replace, and remove sewer
and water lines and related appurtenances over, under and across
the following land owned by gr.sr,tar, hereby releasing and waiving
all right under and by virtue of the Homestead Exemption Laws of
this State:
A part of the Northeast Quarter of Section 15,
T. 7N., R. 4E., 4th P.M., Fulton County, Illinois,
described as follows: The South 25'feet of Lots
2 and 4 in Sutton and Moore Subdivision, Section Two,.
recorded as Document 79-3731 on Slide 23, Fulton
County Records,
together with the right of ingress and egress over Grantors'
adjacent lands for the purposes for which the above mentioned
rights are granted.
The Grantee agrees to finish, grade and~seed turfed areas
disturbed during construction or maintenance of said structure(s),
to restore any pavements, walks, drives, or other improvements to
their original condition, and to take reasonable precautions to
minimize damage to trees and shrubs during construction operations.
The consideration recited herein shall constitute payment in full
for all damages sustained by Grantors by reason of the installation
of the structure(s) referred to herein, and the Grantee will
maintain its facilities on such easement in a state of good repair
and efficiency so that no unseasonable damages will result from its
use to Grantor's premises. .
This Agreement is binding on the parties hereto, their heirs,
personal representatives, assigns and successors.
IN WITNESS WHEREOF the said Grantor has executed this
instrument this ~ day of ~v~Cy , 1986.
Pschirrer Asphalt Compan an Illinois
Corporation; -'-'
~ _ ..
Its President
ATTEST:
Agreement No.
~ Exhibit B
Corporate Secretary