HomeMy WebLinkAbout22-34 Resolution No. 22-34
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO ECONOMIC INCENTIVE
AGREEMENT WITH BIGGERS MOTORS, INC., AN ILLINOIS CORPORATION D/B/A
BIGGERS MAZDA
(2100 N. Randall Road)
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 a First Amendment to Economic Incentive Agreement on behalf of the
City of Elgin with Biggers Motors, Inc., an Illinois corporation d/b/a Biggers Mazda, for
economic development assistance in connection with the development of 2100 N. Randall Road,
a copy of which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 23, 2022
Adopted: February 23, 2022
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
FIRST AMENDMENT TO
ECONOMIC INCENTIVE AGREEMENT
This First Amendment to Economic Incentive Agreement is made as of this 23rd day of
February, 2022 (this "Amendment"), by and between the City of Elgin, an Illinois municipal
corporation ("City"), and Biggers Motors, an Illinois corporation d/b/a Biggers Mazda
("Developer").
WHEREAS,City and Developer entered into an Economic Incentive Agreement dated as
of the 26a' day of May, 2021 (the "Agreement"), with respect to Developer's development of the
property commonly known as 2100 N. Randall Road, Elgin, Illinois(the"Property"); and
WHEREAS, current economic conditions have led to labor and material shortages which
prevent the Developer from meeting the completion date contained in the Agreement; and
WHEREAS,the parties desire to amend the Agreement as provided herein;
In consideration of the mutual promises, covenants and agreements herein contained and
contained in the Agreement,and other good and valuable consideration,the receipt and sufficiency
of which are acknowledged, City and Developer hereby promise, covenant and agree with each
other as follows:
1. Effect of Amendment. All changes contained herein are deemed to be effective
as if originally included in the Agreement. Any conflict between the terms herein and in the
Agreement shall be governed by the terms of this Amendment. All references in the Agreement
and in this Amendment to "Agreement" shall be deemed to include the terms contained in this
Amendment. All capitalized terms shall have the definition given such terms in the Agreement.
2. Additional Contingencies. The provisions of Paragraph 6 subparagraph (1) of
the Agreement be and are hereby amended to state that "...(1) the Developer shall complete all
work associated with the Subject Project at the New Dealership, receive final approval from the
City for the Subject Project and commence operations of the New Dealership at the Subject
Property on or before May 31, 2023, and... "
3. Counterparts. This Amendment may be signed in counterparts, each of which
shall be an original and all of which shall constitute one in the same agreement. This Amendment
may be executed electronically and any signed copy of this Amendment transmitted by e-mail
shall be treated in all manners and respects as an original document.
IN WITNESS WHEREOF,the parties have executed this Amendment as of the date first
above written.
CITY OF ELGIN, BIGGERS MOTORS, INC. d/b/a
an Illinois municipal corporation BIGGERS MAZDA, an Illinois corporation
By: By:
Its: David J. tai , Mayor Its:
Legal Dept\Agreement\Economic Incentive-Bigger Motors-Mazda-15N440 N Randall Rd-First Amendment-Clean 2-10-22.docx
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FIRST AMENDMENT AGREEMENT TO
SCHOOL RESOURCE OFFICER AGREEMENT
THIS FIRST AMENDMENT AGREEMENT is made and entered into as of the 114
day of . 2022, by and between the CITY OF ELGIN, Illinois, a municipal
corporation (hereinafter referred to as the "City") and the BOARD OF EDUCATION OF
SCHOOL DISTRICT U-46(hereinafter referred to as the"District"). j
WHEREAS, the City and the District entered into an Agreement ("Original Agreement")
dated August 1 ), 2021(attached hereto and made a part hereof as Attachment A), providing for
School Resource Officers on a contract basis; and
WHEREAS, the Original Agreement will expire on June 10, 2022; and
WHEREAS, the parties hereto have each determined it to be in their best interests to extend
the term of the Original Agreement and to provide for a single SRO to provide services to District's
Abbott Middle School and Larkin High School;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein,and other good and valuable consideration, the receipt and sufficiency of which is hereby
mutually acknowledged, the parties hereto hereby agree as follows:
l. The above recitals are incorporated into and made a part of this First Amendment
Agreement as if fully recited herein.
2. Section 2 of the Original Agreement is hereby amended to provide that the term of
the Original Agreement shall be extended from June 10,2022 to July 14,2022(the
"Extended Term").
3. Section 7 of the Original Agreement is amended by adding the following additional
text to the end thereof:
"The City shall during the Extended Term assign to the District on school days from
the hours of 7:00 a.m. to 3:00 p.m. one officer chosen to act as the SRO for
District's Abbott Middle School and Larkin High School."
4. Notwithstanding anything to the contrary provided in the Original Agreement,
District shall pay to the City the sum of$8,180.11 plus an overtime hourly rate of
$69.00 per hour for services during the Extended Term. Such sum shall be provided
to the City on or befbre September 1, 2022.
5. 'File remainder of the Original Agreement shall remain in fill force and effect.
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IN WITNESS WHEREOF, the undersigned have entered into and executed this First
Amendment Agreement as of the date and year first written above.
CITY OF N: SCI IO IST I T
By:. -- By' - -
City Manager Name/Print: ►��cG j• S
Title:
Att s : Attest:
City Clerk Secr tary
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OFFICIAL SEAL
SUSAN K LAUDE
Legal DeptlAgreement\School District U-16-First Amendment-School Resource Officer 2-2-22.docx [N:OTARY PUBLIC-STATE OF ILLINOIS
COMMISSION EXPIRESAOMM
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