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Home My WebLink About93-274 Resolution No. 93-274 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPM;NT AGREEMENT WITH THE SALVATION ARMY BE IT RESOLVED BY THE CITY COUNCIl OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Ma or, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with the Salvation Army for the development of a playground and parking lot, a copy of which is att-ched hereto and made a part hereof by reference. s/ Ge•r•e VanDeVoorde Georg: VanDeVoorde, Mayor Presented: October 27, 1993 Adopted: October 27, 1993 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Draft 5/19/93 SALV.ARM DEVELOPMENT AGREEMENT CITY OF ELGIN, ILLINOIS/SIALVATION ARMY THIS AGREEMENT is made and entered into this 04day of i , , 'ti , 1993, by and between the City of Elgin, Illinois, a municipal corporation (hreinafter referred to as "City" ) , and the Salvation Army, a not-for-profit corporation, (hereinafter referred to as "Army" ) , WHEREAS, Army is the owner cif a particular parcel of real property located in Elgin, Illinois; and WHEREAS, City has determined it to be in its best interest to provide for the development of a playground and parking lot on the aforementioned real property for use of the citizens of the City of Elgin, Illinois; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby aclknowledged, the parties hereto hereby agree as follows : 1. Army hereby warrants and acknowledges that it is the owner in fee simple of certain real property located in Elgin, Illinois , described as follows : The South 8 rods of the Ea-t 7 rods of Block 11 of P.J. Kimball Jr. 's Third A•dition to Elgin, in the City of Elgin, Kane County, Illinois; and that, to Army's knowledge and nformation, there are no liens, claims, suits, adverse inte . ests or other clouds on Army's title to the subject property. 2 . City shall contract wish any professional firms, including, but not limited to, engineering or architectural firms, which in its sole discretion it determines to be desirable, to develop specifications for the construction of a playground and parking lot on th- aforementioned subject property. 3 . City shall, in its sole discretion, provide for bidding and selection of contractors and provide funds for payment of all necessary expens-s associated with said selection and construction of the aforementioned playground and parking lot. City' s total expe ditures shall in no event p Ler exceed the sum of $57 ,000. Any costs or other expense:,' c.i exceeding $57,000 shall be borne sole y by Army. Providing The Salvation Army has given its prior appro al to expenditures exceeding $57,000. 4 . City shall have MAU discretion and right of approval for all contracts, specifications, plans, expenditures and other conditio ,s of development and construction on the subject property. Subject to approval of The Salvation Army, w ich approval shall not be unreasonably withheld. 2 5. Army shall keep and maintain the subject playground and parking facilities in good condition, and shall keep the facilities open and available to the general public free of charge through December 31, 2004 . 6 . In the event Army shall fa 1 to comply with any of the terms of this agreement, or sha 1 sell or allow the subject property to become encumbered •rior to January 1, 2005, such action shall constitute a material breach of this agreement, and Army shall pay to City t e amount expended by City to develop the subject property in accordance with the terms of this agreement on a pro-rated basis as and for liquidated damages at the rate of 10% for each year prior to January 1, 2005 that said breach occurs . 7 . Army shall hold harmless ang indemnify City, its officers, agents and employees from and against any and all claims, suits, causes of action, ' los- , or liability of whatever nature, including, but not 1 mited to, workmen' s compensation claims, in any way resulting from or arising out excluding de m of any actions or omissions of either par y hereto, , mg; ",A ENCOx MI xx' v negligent actions o' omissions of City, its officers, agents or employees, . rising out of the performance of this agreement. 3 8. In the event that any •f the terms of this agreement are held to be void, illegal or unenforceable for any reason, the terms of this agreeme t shall be considered severable, and the remainder of this ag eement shall remain in full force and effect. In the event t pis entire agreement is determined to be void or voidable, Arms shall reimburse City for all of City's expenditures resulting from this agreement. 9 . This agreement shall not constitute or create a joint venture or partnership relationsh p of any kind between the parties hereto, or be construed .o as to constitute a representative or agency relationship of any kind. 10 . No official, director, officer, agent or employee of City shall be charged personally or held contractually liable under any term or provision of this agreement or because of their execution approval or attempted execution of this agreement. This agreement shall be of no effect prior to approval by the City Coulcil of City. 11. This agreement and eaci and every portion thereof shall be binding upon the suc essors and assigns of the parties hereto; provided, howeve , , that no assignment shall be made without the prior written onsent of City. 4 • 12 . Notwithstanding any other provision herein, City may terminate this agreement at any lime upon fifteen ( 15) days written notice to Army. In the event of such termination, no claim or suit for da ages, loss, breach or other cause of action shall be brought a•ainst City. 13 . This agreement constitute= the entire agreement of the parties on the subject matter h:reof, and shall not be changed, modified, discharged or exte ded except by written amendment duly executed by the partie- . Each party agrees that no oral modifications or agreem-nts shall be binding unless expressed herein or in a duly executed amendment hereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the above written date. THE SALVA ON ARMY AN IWNOIS CORPORATION SALVATI.N ARMY /f By i49 i ,vdr, 14/ ED ARD J. JO SON CITY OF M i EVitt"unicipal corpora ion BY ~/< r iZ,.,- i'2 / Mayo . Attest: e04)6v—,k_ 4\4121-1,-- City Clerk 5 El 1 in a CLO (P. ... ,,,, Agenda Item No. o ``. 'II1t g) e/ October 18, 1993 MEMORANDUM TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Proposed Agreement Between the Salvation Army and the City of Elgin Purpose: To review the attached proposed development agreement between the City and Salvation Army. Background: In 1991 the City Council allocated funding for the flow improvement of the Salvation Army owned parking lot at the northwest corner of Douglas Ave. and Ann Street into a small childrens play area and a parking lot. This project was one of ten such projects funded and represents the last remaining project to be undertaken. The attached agreement has been reviewed and approved by the Salvation Army Board and the city 's Legal Department. Financial Impact: The $57, 000 in funding for this project is contained in the $100, 000 set aside for neighborhood and community projects as part of the 1993 bond issue approved by the City Counciltaccount# 393 0000 795 9232 project 159501) . Two previous projects also funded under the $100, 000 set aside were reimbursement to the Mother Goose Child Development Center in the amount of $19, 260 for building improvements and $25, 000 to Neighborhood Housing Services for the Fremont St. housing rehabilitation expenditures. Recommendation: It is recommended that the City Council approve the - attached development agreement. A resolution authorizing execution of e agreement is contained on the regular City Council agenda. ) diU:Altrit4.001- 0 , . Robert O. Malm Interim City Manger r Draft 5/19/93 SALV.ARM DEVELOPMENT AGRE;MENT CITYOF ELGIN, ILLINOIS/S • VATION ARMY THIS AGREEMENT is made and entered into this day of , 1993, by and betwe=n the City of Elgin, Illinois, a municipal corporation (he einafter referred to as "City") , and the Salvation Army, a no ■-for-profit corporation, (hereinafter referred to as "Army") , WHEREAS, Army is the owner of a particular parcel of real property located in Elgin, Illino s; and WHEREAS, City has determine• it to be in its best rik interest to provide for the developm-nt of a playground and parking lot on the aforementioned real property for use of the citizens of the City of Elgin, Illinoi= ; NOW THEREFORE, in consid:ration of the mutual promises and covenants contained h:rein, the receipt and sufficiency of which are hereby ac nowledged, the parties hereto hereby agree as follows: 1. Army hereby warrants and acknowledges that it is the owner in fee simple of certain eal property located in Elgin, Illinois, described as follows: r