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Home My WebLink About21-89 Resolution No. 21-89 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH MIDWEST ISLAMIC CENTER FOR THE PURCHASE OF BURIAL SPACES AT BLUFF CITY CEMETERY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Richard G.Kozal,City Manager,and Kimberly A.Dewis,City Clerk,be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Midwest Islamic Center for the purchase of burial spaces at Bluff City Cemetery,a copy of which is attached hereto and made a part hereof by reference. _s/David_J. Kaptain David J. Kaptain, Mayor Presented: June 9, 2021 Adopted: June 9, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: _s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into at Elgin, Illinois this 9 t:h day of June 2021, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City") and the Midwest Islamic Center, a religious not-for-profit corporation duly-organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as"Midwest"). 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, Midwest desires to purchase 934 burial places (hereinafter referred to as "Grave Spaces"), 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 Cemetery in conformity with the requirements of Midwest's faith, subject nevertheless to all rules and regulations of the Cemetery and ordinances of the City, and laws of the State of Illinois; and, WHEREAS, the Grave Spaces are located within the Cemetery. The area is bounded by Lot 160, approximately 170 feet east of Elm Avenue on the West; and is bounded by Pearl Avenue on the North, Rebecca Avenue on the East, and Myrtle Avenue on the South; and is further described by the description and map attached hereto and made a part hereof as Attachment A; and, WHEREAS, the City has agreed to convey the Grave Spaces to Midwest, 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. PURCHASE,. City shall sell, and Midwest shall purchase, the Grave Spaces at a total purchase price of$481,010. 2. LAW/VENUE. This agreement is 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 the Circuit Court of Kane County, Illinois. Midwest hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof, and Midwest agrees that service by first class U.S. mail to Mustafa Abdullah, 1380 Grantham Drive, Schaumburg, Illinois 60193 shall constitute effective service. Both parties hereto waive any rights to a jury. 3. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 4. NO OTHER AGREEMENTS. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral, written or implied, between the parties hereto regarding the subject matter hereof. This Agreement may only be altered or modified by written instrument signed by both parties. 5. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the 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. 6. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e- mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this agreement shall be re-executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 7. PAYMENT. Midwest shall pay the total sum of$481,010 within thirty (30) days of the date of this agreement. 8. HOLD HARMLESS. To the fullest extent permitted by law, Midwest agrees to and shall hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of City or City's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. 9. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 10. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 2 12. NO WAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Midwest and/or their officials, officers, employees and/or agents pursuant to the Loral Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or Midwest and/or their respective officials, officers, employees and/or agents as a result of this agreement or any actions of the Parties pursuant to this agreement. 13. NO SPECIAL OR OTHER DUTY. No special duties or obligations are intended and shall not be deemed or construed to be created by this agreement. Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or Midwest and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services or as may be in any way related to or arising out of the condition of any Grave Spaces. The provisions of this section shall survive any expiration and/or termination of this agreement. 14. TREE REMOVAL. City shall remove any trees which may unreasonably interfere with burials or post burial grave maintenance at such times as City shall determine in the City's sole discretion. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHI AREOF, the parties have hereto set their hands the day and year first above written. MIDWEST ISLAMIC CENTER CI LGIN P-1-_2U A (y V L "'IN U i` 3Z)-- e Richard G.Kozal, City an g r ' l,J�t to AAt s Signature U STD O AS U City Clerk Title CAUsers\morford v\BoxTegal Dept\Agreement\Midwest Islamic Center-Purchase Burial Sites-5-12-21.docx 3 ATTACHMENT A Large Area Sale East Half of Section 23 Bluff City Cemetery This area is located in Section 19,Township 41 North, Range 9, East of the Third Principal Meridian, in the City of Elgin, in Cook County, Illinois. This area begins with lot 160 approximately 170 Feet East of Elm Avenue, is bounded by Pearl Avenue on the North, Rebecca Avenue on the East, and Myrtle Avenue on the South. Lots 160 through 243 --- 934 total grave spaces Lot 160-6 spaces Lot 161-11 spaces Lot 163-5 spaces Lot 167-13 spaces Lot 168-15 spaces Lot 173-8 spaces Lot 174-4 spaces Lot 182-5 spaces Lot 183-8 spaces Lot 192-8 spaces Lot 193-7 spaces Lot 202-10 spaces Lot 212-5 spaces Lot 213-15 spaces Lot 222-7 spaces Lot 229-13 spaces Lot 230-11 spaces Lot 235-11 spaces Lot 236-4 spaces Lot 240-9 spaces Lot 241-7 spaces Lot 243-8 spaces Lots 162, 164, 165, 166, 169, 170, 171, 172, 175, 176, 177, 178, 179, 180, 181, 184, 185, 186, 187, 188, 189, 190, 191, 194, 195, 196, 197, 198, 199, 200, 201, 203, 204, 205, 206, 207, 208, 209, 210, 211, 214, 215, 216, 217, 218, 210, 220, 221, 223, 224, 225, 226, 227, 228, 231, 232, 233, 234, 237, 238, 239, and 242-- All 12 spaces per lot V.V,,..nderNlappen PLAT OF SURVEY lAe YYY4n avq Swum el yml el SwUm 33We1•un Gly .,Do, CYm �IB,Tamenb y h Cee4B'CEeumnllnlBmu. mYa PEARL AVENUE - - -- --- -------- --- -- ------ --- --- ----- w BB:B•nee eun an mBla+ i 71. xrxrm I¢BOBpI � I b� .3Y hrr be hr. b• G hrr hrr h, 4, b, br hr b e hrr •hrr a bB hrr br G b• hb ti♦ h" Y s yrr _ b e hrr b'• hrr i bB be •bhrrb a 4 l Z i 41 h i by hrr hrr be hrr eb is Q W cc if hrr b, i br hr. hrr G 6 b, a br hrr h r br br ° G i br hrr b br hrr b 4___��p b• 6 rr i i 188�!'��1 b• hrr I Orr be h!r ]rPrw PIDr uroui c b 1 SCAIL P_IC b N_�A !b LE6END -mn i , ,.b b• h r.4 • ew Da u Bun an am F IK Brew v e W] NIAT¢oe n]�ols ) C0UM1'Y OP Yel¢NRY) )NN ID my WWx.mD.1 erode.,�h.xa vx my ehee� m,�`erey.mwy Wa..h wrreyee am x ...hm.a.wdhea�.o �y Lt ellwT:mr a uax - h�eD .ew. v mDl.uoD m W.we.e,../.Thi dBrvr.xiuvW xmle. 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