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HomeMy WebLinkAbout09-178 F Resolution No. 09-178 RESOLUTION AUTHORIZING EXECUTION OF A TERMINATION AGREEMENT WITH LAND VISION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Termination Agreement on behalf of the City of Elgin with Land Vision, Inc., regarding completion of the National Street Station Area Plan, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: August 12, 2009 Adopted: August 12, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk TERMINATION AGREEMENT THIS TERMINATION AGREEMENT made and entered into this /2 day ofd 2009,by and between the CITY OF ELGIN,an Illinois municipal corporation(hereinafter referred to as the"City"); and LAND VISION,INC.,an Illinois corporation,(hereinafter collectively referred to as "Consultant"). WHEREAS,the City and the Consultant previously entered into an agreement dated April 8, 2009 wherein the Consultant was to furnish certain professional services in connection with the preparation and completion of the National Street Station Area Plan referred to in such agreement as the Project (such agreement dated April 8, 2009 is hereinafter referred to as the "Original Agreement"); and WHEREAS,due to funding requirements by the Regional Transportation Authority the City and Consultant wish to terminate the Original Agreement and replace same with an identical agreement dated May 13, 2009. NOW,THEREFORE,for and in consideration of the mutual undertaking set forth herein,and in consideration of the mutual undertakings set forth in the Original Agreement and in the new agreement to be entered into between the City and the Consultant dated May 13, 2009, and other good and value consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the City and the Consultant hereby agree that the Original Agreement between the City and the Consultant dated April 8, 2009, be and is hereby terminated. 2. That concurrently with the entry into this Termination Agreement the City and the Consultant shall enter into the new agreement between the City and the Consultant regarding the Project dated May 13, 2009. It is agreed and understood that such new agreement replaces the Original Agreement and that the total compensation due to the Consultant as a result of both the Original Agreement and the new agreement shall remain the same being the total amount not-to- exceed $100,000. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Termination Agreement on the date and year first written above. CITY OF ELGIN, a municipal LAND VISION, INC., corporation an Illinois corporation By: By: Mayor Its ç41., — Attest: Attest: City Clerk Its F:\L.egal Dept\Agreement\Termination Agr-Land Vision-Nat'l St Stn.docx 2 X14. OFF�Ci � ��� �ti Memorandum Lo,‘, City of Elgin IF °"1TED Fk' Date: August 18, 2009 To: Sarosh Saher, Planning Manager From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-178, Adopted at the August 12, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Second Amendment to Annexation Agreement with Pingree Creek, L.L.C. (Pingree Creek Subdivision)