Loading...
HomeMy WebLinkAbout11-82 Resolution No. 11-82 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS IN WEST POINT GARDENS SUBDIVISION (PHASE 1) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an amendment to agreement with Nesler & Lake-Lots, LLC and West Point Gardens Single Family Homes, LLC on behalf of the City of Elgin regarding certain public improvements in West Point Gardens Subdivision (Phase I), a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 27, 2011 Adopted: April 27, 2011 Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk AMENDMENT TO AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS IN WEST POINT GARDENS SUBDIVISION (PHASE I) This Amendment Agreement ("Amendment Agreement") is made and entered into this 27th day of April 2011, by and among Nesler & Lake - Lots, LLC, an Illinois limited liability company ("Developer"), West Point Gardens Single Family Homes LLC, an Illinois limited liability company ("West Point Gardens"), and the City of Elgin, an Illinois municipal corporation(the "City"). WHEREAS, the Developer is the owner of the West Point Gardens Subdivision in the City of Elgin, Illinois ("Subject Property"); and WHEREAS, the Developer and the City previously entered into an agreement regarding certain public improvements in West Point Gardens Subdivision Phase I dated January 12, 2011 (the"Subject Agreement"); and WHEREAS, the Subject Agreement relates to the Developer completing the public improvements in Phase I of the Subject Property and the City's acceptance of such public improvements in Phase I of the Subject Property; and WHEREAS, West Point Gardens is building homes within Phase I of the Subject Property and has requested that the Developer and the City agree to allow West Point Gardens to continue to maintain the existing sales office on a portion of Tulip Court in Phase I of the Subject Property, for an additional period of time to allow West Point Gardens to use such sales office to sell homes within the Subject Property. NOW, THEREFORE, in consideration of the mutual covenants provided for herein, and in consideration of the mutual undertakings set forth in the Subject Agreement, and other good and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the parties hereto hereby agree as follows: 1. The Subject Agreement is hereby amended by adding as an additional party thereto West Point Gardens Single Family Homes LLC, an Illinois limited liability company("West Point Gardens"). 2. Paragraph 1 of the Subject Agreement is hereby amended by amending the last sentence thereof to read as follows: "Notwithstanding the foregoing, or anything else to the contrary in this Agreement, the City's acceptance of such Phase I public improvements shall not include acceptance of the portion of Tulip Court located west of the alley and east of Garden Drive (the "Subject Portion of Tulip Court"). Upon the entry into this Amendment Agreement, Developer shall convey to West Point Gardens ownership of the sales office currently located on the Subject Portion of Tulip Court (the "Transfer"). West Point Gardens shall be solely responsible for (i) the removal of the sales office on the Subject Portion of Tulip Court at its cost and (ii) the completion of the improvements to the Subject Portion of Tulip Court at its sole cost and expense. West Point Gardens and the City agree that in no event whatsoever shall Developer have any liability or obligation in connection with removal of the sales office on the Subject Portion of Tulip Court or the completion of the improvements to the Subject Portion of Tulip Court following the Transfer, except for the deposit of the bond as set forth in subparagraph 4(e) below. West Point Gardens shall complete the removal of the sales office and complete the improvements to the Subject Portion of Tulip Court no later than the occurrence of the earlier of (i) 100% of the dwelling units within the Subject Property having been issued temporary or permanent occupancy permits, or (ii) the tenth anniversary of the Subject Agreement. Upon the removal of the sales office on the Subject Portion of Tulip Court and the completion of the improvements to the Subject Portion of Tulip Court, the City shall, by appropriate resolution of the City Council, accept the public improvements to the Subject Portion of Tulip Court." 3. Paragraph 4 of the Subject Agreement is hereby amended by adding an additional subparagraph (e) thereof to read as follows: "(e) An amount of Thirty-Five Thousand Nine Hundred and Fifty Dollars and 19 cents ($35,950.19) for the demolition of the current sales office on Tulip Court and the completion of the improvements to the Subject Portion of Tulip Court." 4. Paragraph 5(e) of the Subject Agreement is hereby amended by adding the following additional notice information for West Point Gardens: "To West Point Gardens: Pat Curran West Point Gardens Single Family Homes LLC c/o West Point Builders & Developers, Inc. 120 E. Ogden Avenue Suite 101 Hinsdale, IL 60521" 5. The terms as utilized in this Amendment Agreement shall be defined as provided for in the Subject Agreement or in this Amendment Agreement. 6. In the event of any conflict between the terms of this Amendment Agreement and the Subject Agreement, the terms of this Amendment Agreement shall supersede and control. 7. Except as specifically amended in this Amendment Agreement, the terms of the Subject Agreement shall remain in full force and effect. -2- �N • IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement as of the date first written above. CITY OF ELGIN ATTEST: By: - Mayor City Clerk NESS ER & LAKE - LOTS, C By: I ( Name rint: ij,"Agtl- Its: DLL ;I' 6_IT2 WEST POINT GARDENS SINGLE FAMILY HOMES LLC By: Name/Prin : , u , Its: 4 F:\Legal Dept\Agreement\Amendment Agreement-West Point Gardens-clean 4-2[-1 Ldoc -3-