Loading...
HomeMy WebLinkAbout13-112 Resolution No. 13-112 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT FOR SALE OF REAL PROPERTY BETWEEN THE STATE OF ILLINOIS AND THE CITY OF ELGIN FOR 750 S. STATE STREET, ELGIN, ILLINOIS 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 Amendment to Agreement for Sale of Real Property on behalf of the City of Elgin with the State of Illinois, acting by and through its Department of Central Management Services, for the property commonly known as a portion of the Elgin Mental Health Center located at 750 S. State Street, Elgin, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 10, 2013 Adopted: July 10, 2013 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk i AMENDMENT TO AGREEMENT FOR SALE OF REAL PROPERTY This Amendment Agreement is made and entered into this 10th day of .Tilly 2013, by and between the State of Illinois, acting by and through its Department of Central Management Services, 719 Stratton Office.Building, Springfield, Illinois, (hereinafter referred to as the "State/CMS"), and the City of Elgin, a municipal corporation, 150 Dexter Court, Elgin, Illinois, (hereinafter referred to as the"City"). For and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the State/CMS and the City hereby agree as follows: 1. That the Agreement For Sale of Real Property dated June 18, 2004, by and between the State of Illinois, acting by and through its Department of Central Management Services, and the City of Elgin,.relating to the Property commonly known as 750 S. State Street, Elgin, Kane County, Illinois (hereinafter referred to as the "Subject Agreement"), be and is hereby amended by deleting and repealing from the Subject Agreement the entirety of Section Ten thereof entitled "Restrictions on Utilization of Property", and by deleting any option by the State /CMS to repurchase the Property, it being agreed that any and all of such provisions in the Subject Agreement are null and void-and of no further effect. 2. That in the event-of any conflict between the terms of this Amendment Agreement and the terms of the Subject Agreement, the terms of this Amendment Agreement shall supersede and control. 3. This Amendment Agreement may be executed and delivered in any number of.. counter-parts, each of which so executed and delivered shall be deemed an original and all of which will constitute one and the same instrument. For the purposes of the original delivery of - this Amendment Agreement a signed counter-part transmitted by facsimile transmission or e-mail shall be treated in all manners and respects as an original document and shall be considered to have the same binding legal effect as the original document. At the request of either party original executed copies of this Amendment Agreement shall be delivered in counter-parts in original form. IN WITNESS WHEREOF, the parties have executed this Amendment Agreement on the date first written above. CITY OF E IN STATE OF ILLINOIS, BY ITS DEPARTMENT OF CENTRAL By: MANAGEMENT SERVICES Mayor By: Title: A - City Clerk f lepl depAreal estateVe-sales contract-750 s state-amendment-clean-7-2-13.docx