HomeMy WebLinkAbout14-0604 IMAMI-First AmendFIRST AMENDMENT AGREEMENT
THIS FIST AMENDMENT AGREEMENT is made and entered into this 't'iiL/ day of
L44P � 2014, by and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as the "City") and the Islamic Mission and Mosque, Inc., a religious not -
for -profit corporation duly -organized and exiting under and by virtue of the laws of the State of
Illinois (hereinafter referred to as "IMAMI").
WHEREAS, the parties hereto have previously entered into an agreement dated June 22,
2011, a copy of which is attached hereto and incorporated herein as Attachment A (hereinafter
referred to as "Original Agreement"); and
WHEREAS, the parties hereto have each determined it to be in their best interests to
amend the Original Agreement to provide for extended payment terms by IMAMI.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby
agree as follows:
1. The above recitals are hereby incorporated into and made a part of this agreement
as if fully recited hereunder.
2. Paragraph 3 of the Original Agreement is hereby amended in its entirety to
provide as follows:
"IMAMI hereby covenants and agrees to pay to the City for the Subject
Property, at the office of the City's Director of Finance, the sum of Four
Hundred Fifty Thousand Dollars ($450,000.00) in the following manner:
The sum of No and no/100 Dollars ($0.00) shall be paid to
the City upon the signing and delivery of this Agreement,
and the remaining balance of Four Hundred Fifty Thousand
and no/100 Dollars ($450,000.00) shall be paid to the City
in sixteen (16) consecutive payments, to be paid in the
amount of Twenty Eight Thousand One Hundred Twenty
Five and no/100 Dollars ($28,125.00) on the 25`h day of
May in each of the years 2011 through 2026, respectively,
with the final payment payable on May 25, 2026."
3. The remainder of the Original Agreement shall otherwise remain in full
force and effect.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, each of the parties hereto has caused this First Amendment
Agreement to be executed by its duly authorized representative as of the day and year first above
written.
CITY OF ELGIN
ATTEST:
ISLAMIC MISSION AND MOSQUE, INC.
By:/
Name: I ET � AI A S 1 E0
Its: () i R ECro R
ATTEST:
By:
City Clerk
F:\Legal Dept\AgreementW-fAMI Sale Agreement -First Amendment Agreement-6-2-14.docx
ATTACHMENT A
ATTACHMENT A
AGREEMENT
THIS AGREEMENT is made and entered into at Elgin, Illinois this 22nd - day of
June 2011, by and between the City of Elgin, an Illinois municipal corporation
(hereinafter referred to as the "City') and the Islamic Mission and Mosque, Inc., a religious not -
for -profit corporation duly -organized and exiting under and by virtue of the laws of the State of
Illinois (hereinafter referred to as "IMAMI").
WITNESSETH
WHEREAS; the City is the owner of certain lands acquired by it for cemetery uses and
now being operated as a city cemetery known and designated as Bluff City Cemetery, being a
part of Section 19 in Hanover Township, Cook County, Illinois (hereinafter referred to as the
"Cemetery"); and,
WHEREAS, the City is authorized under the Elgin Municipal Code to sell lots and
graves, either by cash or by contract in installment payments, to such persons or entities offering
to purchase the same under the terms and conditions authorized by the ordinances of the City;
and,
WHEREAS, Chapter 2.24 of the Elgin Municipal Code further authorizes the City to
enter into contracts for the sale of tracts of lots or graves in accordance with the terms and
conditions determined by the City Council; and,
WHEREAS, IMAMI desires to purchase approximately t I acre of a developed portion
of the southeast section of the Cemetery (hereinafter referred to as the "Subject Property"), said
:area to accommodate 1000 burial places, for the purpose of providing a designated area in said
Cemetery for use as a burial place exclusively for persons entitled to be buried in the IMAMI
cemetery in conformity with the requirements of the Islamic faith, subject nevertheless to all
rules and regulations of the Cemetery and ordinances of the City; and,
WHEREAS, the Subject Property is located at the northeast corner of Dell Avenue and
Elm Avenue; and,
WHEREAS, the City has agreed to convey the Subject Property to IMAMI, all in
accordance with and subject to the terms, conditions and limitations of this Agreement and the
City's ordinances and regulations.
NOW, THEREFORE, for and in consideration of the mutual covenants, and obligations
contained herein and other good and valuable consideration received by each party, the
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The foregoing recitals are hereby incorporated into this Agreement in their
entirety.
2. That upon the making of payments and the performance and satisfaction of the
covenants and conditions on the part of IMAMI to be made and performed herein, and at such
time or times, upon the terms and conditions, and in the manner provided for herein, and further
subject to the provisions and requirements of all present ordinances and ordinances hereafter
adopted by the City pertaining to the use of land for burial purposes in said Cemetery, the City
hereby covenants and agrees to grant, bargain, sell, convey and assure to IMAMI, by cemetery
deed, the right to use the Subject Property as burial space for the burial and interment of human
dead, said property being the following described lots or graves situated in Bluff City Cemetery,
Hanover Township, County of Cook and State of Illinois, to -wit:
THAT PART OF LOT 17 OF THE COUNTY CLERK'S SUBDIVISION OF
PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, COOK COUNTY,
ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
RE-SUBDNISION 1 OF PART OF SECTION 24 OF BLUFF CITY
CEMETERY DESCRIBED AS BEING A RESUBDIVISION OF TI4AT PART
OF BLOCKS 1-70, 79-83, 92-96, 10.5-109, AND 118-122 OF SECTION 24 OF
BLUFF CITY CEMETERY MORE SPECIFICALLY DESCRIBED AS
FOLLOWS; BEGINNING AT A FOUND STONE MONUMENT AT THE
SOUTHWEST CORNER OF SAID SECTION 24, THENCE NORTH 02
DEGREES 00 MINUTES 36 SECONDS EAST ALONG THE WEST LINE OF
SAID SECTION 24, 91.00 FEET TO A FOUND STONE AT THE NORTHWEST
CORNER OF BLOCK 65; THENCE SOUT14 87 DEGREES 59 MINUTES 24
SECONDS EAST; ALONG THE NORTH LINE OF BLOCKS 58 THROUGH 65,
168.00 FEET TO THE NORTHWEST CORNER OF BLOCK 57, THENCE
NORTH 02 DEGREES 00 MINUTES 36 SECONDS EAST ALONG THE WEST
LINE OF BLOCKS 70, 83, 96, 109, AND 122, 105.00 FEET TO THE
NORTHWEST CORNER OF SAID BLOCK 122, THENCE SOUTH 87
DEGREES 59 MINUTES 24 SECONDS EAST ALONG THE NORTH LINE OF
SAID SECTION 24, 105.00 FEET TO THE NORTHEAST CORNER OF SAID
SECTION, THENCE SOUTH 02 DEGREES 00 MINUTES 36 SECONDS WEST
ALONG THE WEST LINE OF SAID SECTION 24, 196.00 FEET TO THE
SOUTHEAST CORNER OF SAID SECTION, THENCE NORTH 87 DEGREES
59 MINUTES 24 SECONDS WEST ALONG THE SOUTH LINE SAID
SECTION 24, 273.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THE AREA MORE PARTICULARLY DESCRIBED .AS FOLLOWS:
BEGINNTNTTG AT A FOUND STONE MONUMENT AT THE SOUTHWEST
CORNER OF SAID SECTION 24, THENCE, NORTH 02 DEGREES 00
MINUTES 36 SECONDS EAST ALONG THE WEST LINE OF SAID SECTION
24, 32.81 FEET; THENCE SOUTH 55 DEGREES 00 MINUTES 00 SECONDS
EAST, 60.27 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION
24; THENCE NORTH 87 DEGREES 59 MINUTES 24 SECONDS WEST
ALONG SAID SOUTH LINE, 50.55 FEET TO THE POINT OF BEGINNING.
A plan depicting the Subject Property is attached hereto as Exhibit A and incorporated herein by
this reference.
It is expressly understood and agreed that the purchase of the Subject Property by IMAMI for the
amount set forth herein does include both the purchase price of the Subject Property and also the
cost of providing perpetual care for the saute in the manner now being offered by the City under
the terms and provisions of its customary and established form Perpetual Care Agreement now in
use, or which may hereafter be in use, by the City under its ordinances regulating the operations
of the Cemetery.
3. IMAMI hereby covenants and agrees to pay to the City for the Subject Property,
at the office of the City's Director of Finance, the sum of Four Hundred Fifty Thousand Dollars
($450,000.00) in the following manner:
The sum of No_ and no/100 Dollars ($ 0.00 ) shall be paid to the City upon
the signing and delivery of this Agreement, and the remaining balance of Four
Hundred Fifty Thousand and no/100 Dollars ($450,000,00) shall be paid to the
City in nine (9) consecutive payments, to be paid as follows: two (2) payments
each in the amount of Twenty Eight Thousand One Hundred Twenty Five and
no/100 Dollars ($28,125.00) payable on the 25th day of May in the years of 2011
and 2012, respectively; and seven (7) payments each in the amount of Fifty Six
Thousand Two Hundred Fifty and no(100 Dollars ($56,250.00) on the 25th day of
May in each of the years 2013 through 2018, respectively, with the final payment
payable on May 25, 2019.
IMAMI reserves the privilege of making prepayments of principal hereon, in full or in part, in
amounts equal to one or more of the installments on any of the foregoing April dates.
In addition to the foregoing, upon the signing and delivery of this Agreement, IMAMI shall pay
to the City the costs incurred to survey the Subject Property, said costs being in the amount of
Eight Thousand and no/100 Dollars ($8,000.00).
4. It is hereby further agreed by and between the parties hereto that said lots and
graves which comprise the Subject Property, above -described and being purchased by IMAMI
hereunder, shall be designated on the plat of said Cemetery and known as "IMAMI Section of
Bluff City Cemetery," it being further expressly understood and agreed that IMAMI will not
locate or display any markers; monuments or signs within or along the boundaries of such
section for the purpose of identifying the saute without first obtaining the written consent of the
City thereto as to type, size, design and location of such markers, monuments or sighs, that all
grave markers in said section shall be of a flat or flush type and shall conform with the rules and
regulations of the Cemetery, that IMAMI will not establish any fences or other physical barriers
separating said section from the remainder of such Cemetery except a concrete edging set flush
to the ground, a maximum of 6" in width and of sufficient depth to maintain integrity , and that
no shrubs, bushes, plants, or trees shall be installed within or along the boundaries without prior
written approval of the City.
5. It is further understood and agreed that it is the express intention and purpose of
IMAMI to acquire the Subject Property for the burial and internment of only those persons who
are entitled to be buried in an Islamic Cemeterv, and to resell said lots or graves in single or
multiple lots or grave units to members of its congregation or other persons entitled to be buried
in an Islamic Cemetery, upon such terms of payment therefore as IMAMI shall from time to time
hereafter fix and determine. In furtherance of said express purpose of IMAMI hereinabove in
this paragraph set forth, but subject, nevertheless, to the ordinances, rules and regulations of the
City governing the operations of the Cemetery, IMAMI hereby expressly reserves the following
rights and privileges: (1) to request and receive cemetery deeds conveying and transferring lots
or graves directly to it under this Agreement, subject to the usual transfer fees imposed by the
City; (2) to direct the City to issue cemetery deeds for lots or graves to the nominee or nominees
of IMAb11; (3) to reassign to the City deeds to any lots conveyed to it by the City and designate
the reissuing of a cemetery deed or deeds to subsequent purchasers thereof from IMAMI; (4) to
reserve the first option to repurchase from the owner thereof, any lot, lots, grave or graves in said
section at the same selling price as IMAMI shall then be offering to sell other comparable lots
within said section; (5) to require written consent and approval by IMAMI to the transfer of
ownership at any time hereafter, of all lots within the Subject Property; and (6) to require the
consent of IMAMI by its proper officer, before issuing a burial permit or permitting the
internment of any person in any lot or grave within the Subject Property.
6. It is further expressly understood and agreed that said section of cemetery lots
being sold hereunder will accommodate One Thousand (1000) burial spaces, and that the
purchase price provided for in Section 3 above has been determined and agreed upon on the basis
of each burial space at a price of Four Hundred Fifty and no/I 00 Dollars (5450.00) per space for
a total purchase price of four Hundred Fifty Thousand and no1100 Dollars ($450,000.00),
including perpetual care, and that, from time to time hereafter, upon the written direction of and
request of IMAMI, and to the extent that graves being sold hereunder shall be fully paid for, at
the rate of cost for each grave hereinabove in this paragraph mentioned, the City will
immediately cause separate cemetery deeds to be executed and delivered transferring all interest
in such graves for burial purposes to IMAMI or its nominee or nominees together with separate
agreements in the form in general use by City at such time or times for providing perpetual care
for such lots or graves to be so transferred. It is expressly understood and agreed that the
conveyance of burial spaces and said burials shall proceed in a systematic and orderly manner to
commence at the west end of the Subject Property and to proceed eastward in a continuous
manner from north to south.
7. In the event of a breach of any of the aforesaid covenants and conditions, or of the
failure of IMAMI to make any of the payments provide for herein, or any part thereof, at the time
and in the manner specified herein, and said default shall continue for thirty (30) days, the City
shall have the right to thereupon immediately execute and deliver to IMAMI, or its nominee or
nominees, cemetery deeds, together with agreements for perpetual care, for any graves to which
IMAMI shall then be entitled in accordance with the provisions of Section 6 of this Agreement,
and this Agreement shall then, at the option of the City, be terminated, and the City shall have
the right to re-enter and take possession of all of the remaining lots or graves included in the sale
described herein that shall or may be vacant or unoccupied at the time of such re-entry and for
which cemetery deeds have not been executed and delivered to IMAMI or its nominees. In
addition, I_MAMI shall execute and deliver to the City such documents as are necessary to
reconvey to the City any graves for which cemetery deeds have been previously executed and
delivered to IMMAMI and for which payment has not been previously received. to the event that
the City terminates this Agreement in accordance with this Section 7, a written notice of such
termination and re-entry served upon IMAMI by registered mail, addressed to it at its office at
485 S. Bartlett Rd., Streamwood, Illinois, and recorded in the Recorder's Office of said County
shall be sufficient evidence of said election, termination and re-entry. In the event of any such
breach or default, the City shall have the right, at its own election, to grant an extension or
extensions of the time or times for remaining payments hereunder or to cure any default,
provided, however, that the acceptance of such payments or the permitting of an opportunity to
cure a default does not constitute a waiver of any rights of the City and shall not waive the right
of the City to demand strict compliance with the terms of this Agreement and the timely payment
of farther installments. The remedy in this paragraph is cumulative, and shall not be exclusive of
or otherwise prejudice the City's right to pursue any other rights, remedies and benefits allowed
by law.
8. It is further expressly understood and agreed by and between the parties hereto
that City has, prior to the execution of this Agreement, established roadways and paths in Section
24 similar to those now in use in the adjacent improved areas of Bluff City Cemetery. City has
also planted grass, trees, bushes, plants and shrubs in Section 24 of said cemetery. Any
additional improvements, development and landscaping of the Subject Property requested by
IMAMI, if airy, shall be harmonious with and in conformity with the general plan and scheme of
Bluff City Cemetery. In furtherance of this objective, any additional improvements,
development and landscaping in Subject Property shall require the approval of the City prior to
the commencement of said additions or alterations. The City shall perform all such additional
improvements, development and landscaping of the Subject Property,. and IMAMI shall
compensate the City for the costs of said additional improvements, development and landscaping
prior to the City initiating work on said improvements, development and landscaping. In the
event that this Agreement is terminated in accordance with Section 7, IMAMI shall reimburse
the City its costs for the initial development of those portions of the Subject Property that have
been conveyed to I.MAMl under this Agreement. The remedy in this paragraph is cumulative,
and shall not be exclusive of or otherwise prejudice the City's right to pursue any other rights,
remedies and benefits allowed by law.
9. IMAMI agrees to conform to the rules and regulations now in effect or to be
hereafter regularly adopted in the operation of said Cemetery with regard to graves, markers,
burials and the general use, otherwise, of said Cemetery, provided, however, that IMAMI may
adopt its own rules and regulations, which shall not conflict with the ordinances, rules and
regulations of the City.
10. It is further expressly understood and agreed that IMAMI shall at all times
hereafter advise the City Clerk of the City of Elgin, Illinois in writing of the name or names of its
proper officer or officers who are duly -authorized on behalf of IMAMI to consent to assignment
or transfer of lots included in the within purchase, or consent to the issuing of burial permits for
the use of graves in the section being sold hereunder as hereinabove provided for.
5
11. Each provision of this Agreement shall be interpreted in such a way as to be
effective and valid under applicable law. If a provision is prohibited or deemed invalid under
applicable law, it shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this Agreement.
12. This Agreement and the rights and privileges contained herein are personal to
IMAMI and IMAMI agrees that it shall not assign, mortgage, pledge or transfer this Agreement
or any other right, privilege or license conferred by this Agreement, either in whole or in part, or
sublet or permit the use of the Subject Property by another, or in any manner encumber the
Subject Property or any part thereof, in a manner not explicitly set forth in this Agreement
without obtaining in advance the written consent of the City, which may be withheld for any
reason whatsoever. Any attempt by IMAMI to assign this Agreement without such written
consent will automatically terminate the Agreement and any rights and privileges granted to
IMAMI hereunder.
13. In the event of termination of this Agreement, IMAMI shall not, be entitled to
receive a refund of any portion of the consideration paid for this Agreement, nor shall IMAMI be
entitled to any compensation or reimbursement for any costs or expenses incurred in any way
arising from this Agreement, nor any monetary damages of any kind whatsoever, IMAMI's sole
remedy being the receipt of cemetery deeds for that consideration already paid in accordance
with Section 7 of this Agreement.
14. IMAMI shall adhere to and comply with all ordinances, laws, rules and
regulations that may pertain to or apply to the Subject Property and IMAMI's use thereof.
IMAMI agrees and warrants that it has procured or shall procure any licenses, permits or like
permission required by law, if any, to conduct or engage in the use of the Subject Property
described herein, that IMAMI will procure all additional licenses, permits or like permission
hereinafter required by law during the term of this Agreement, and that IMAMI will keep the
same in full force and effect during the term of this Agreement. IMAMI shall perform under this
Agreement in accordance with all applicable legal requirements.
15. If either party violates or breaches any term of this Agreement, such violation or
breach shall be deemed to constitute a default, and the other party shall have the right to seek
such administrative. contractual or legal remedies as may be suitable for such violation or
breach; provided, however, that in no event shall the City be liable to IMAMI for monetary
damages of any kind relating to or arising from any breach of this Agreement, and that no action
of any kind shall be commenced by 1MA1v11 against the City for monetary damages. In the event
any legal action is brought by the City for the enforcement of any of the obligations of IMAMI
related to or arising from this Agreement and the City is the prevailing party in such action, the
City shall be entitled to recover from IMAM[ reasonable interest and attorney's fees.
9
16. Any notice required or permitted under this Agreement shall be in writing and
shall be sufficient if personally delivered or mailed by certified mail, return receipt requested,
addressed as follows:
To the City:
Superintendent of Parks
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
With a copy to:
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
To IMAMI:
Chairman
IMAMI
485 S. Bartlett Rd.
Streamwood, Illinois, 60107
With a copy to:
Notices mailed in accordance with the provisions of this paragraph shall be deemed to have been
given on the third business day following mailing. Notices personally delivered shall be deemed
to have been given upon delivery.
17. This Agreement shall not be construed so as to create a joint venture, partnership,
employment, or other agency relationship between the parties hereto.
18. No official, director, officer, agent or employee of the 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.
19. This Agreement is and shall be deemed and construed to be a joint and collective
work product of the City and IMAMI, and as such, this Agreement shall not be construed against
any other party as the otherwise purported drafter of the same by any court of competent
jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the
terms or provisions contained herein.
20. The terns of this Agreement shall be severable. In the event any of the terms or
provisions of this Agreement are deemed to be void or otherwise unenforceable, for any reason,
the remainder of this Agreement shall remain in full force and effect.
21. This Agreement shall be subject to and governed by the laws of the State of
Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of
or in connection with this Agreement shall be exclusively in the Circuit Court for the Sixteenth
Judicial Circuit, Kane County, Illinois.
22. All references in this Agreement to the singular shall include the plural where
applicable, and all reference to the masculine shall include the feminine and vice versa. If either
reference shall be declared invalid, such decision shall not affect the validity of any remaining
portion that shall remain in full force and effect.
23. This Agreement may be executed in multiple counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
24. This Agreement shall be binding on the parties hereto and their respective
successors and permitted assigns.
25. This Agreement constitutes the entire agreement and understanding between the
parties and supersedes any prior agreement or understanding relating to the subject matter of this
Agreement.
26. This Agreement may be changed, modified or amended only by a duly -authorized
written instrument executed by the parties hereto. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a duly -
authorized and executed amendment hereof.
27. This Agreement is authorized pursuant to Chapter 2.24 of the Elgin Municipal
Code, 1976 Liss amended.
28. This Agreement has been entered into by the City pursuant to a resolution duly -
adopted by the City Council of the City of Elgin, Illinois, at a regularly held meeting of said City
Council.
29. This Agreement has been entered into by IMAMI pursuant to a resolution duly -
adopted at a regularly held meeting of its Board of Directors.
SIGNATURE PAGE TO FOLLOW
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duty authorized representative as of the day and year first above written.
CITY OF ELGIN ISLAMIC MISSION AND MOSQUE, INC.
Mayor
Name:
Its:
ATTEST: ATTEST:
r�
_ By:
yClerk tF35A/
FALegal DepMgreemcn1\ MAN4I Sate AWeemeni-proposed final-dean-54.1 Ldoe
Exhibit A
REPORT TO MAYOR & MEMBERS OF CITY COUNCIL
AGENDA ITEM: B
MEETING DATE: March 23, 2011
ITEM:
Agreement with Islamic Mission and Mosque, Inc. for Sale of Up to 1,000 Grave Spaces in Bluff
City Cemetery
(225,000 Revenue)
OBJECTIVE:
Increase revenue to Bluff City Cemetery through the sale of grave spaces and subsequent burial
services.
RECOMMENDATION:
Approve the sale of 500 graves to Islamic Mission and Mosque, Inc. for $225,000 payable in an-
nual installments of $56,250, with an option to purchase an additional 500 graves under the
same terms by 2014.
BACKGROUND
Representatives of Islamic Mission and Mosque, Inc. (IMAMI) approached staff in July 2010 and
expressed an interest in purchasing up to 1,000 graves in Bluff City Cemetery. Attached is a map
of the area designated as Attachment A. Sufficient area exists in the south half and northeast
quarter of Section 24 to accommodate the requested graves orientated in accordance with
their religious requirements. Designated as Attachment B is a map showing each plot in Section
24. Two families have purchased graves in the northwest quarter requiring that area to remain
as originally designed. IMAMI has agreed to a per space cost of $450 for an initial 500 graves,
and will pay costs associated with realigning the graves per their religious requirements. Pay-
ments of $56,250 will be made annually beginning in April 2011 until April 2014 for a total of
$225,000. IMAMI will also have an option to purchase an additional 500 graves under the same
terms. This option will expire four years after approval of the initial sale. Attachment C illu-
strates the option property.
OPERATIONAL ANALYSIS
The purchase price for a single burial space in a similar section is currently $700. The proposed
purchase price of $450 represents a discount of 36 percent. This discount is similar to that
which has been given on two recent occasions involving the sale of a large number of graves to
LEGAL IMPACT
None.
ALTERNATIVES
The city council may choose not to enter into this agreement with IMAMI and staff may contin-
ue to offer the space to families interested in purchasing family plots of six or more graves. This
has not been a popular option based on market trends.
NEXT STEPS
1. Execute the agreement with IMAMI
2. Authorize Stettner & Associates, Inc. to survey the area for realignment of the graves,
marking the individual lots in the initial purchase area
Originators: Tom Migatz, Parks Maintenance Supervisor
David L. Lawry, Public Services Director
Final Review: Colleen Lavery, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Approved:
SeaKR. Stegall, Mager
ATTACHMENTS
A: Map of Proposed Property to be Purchased
B: Map of Plots in Section 24 to be Purchased
C: Map of Additional Plots to be Purchased in Future
D: Draft Agreement for Property Purchase
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