HomeMy WebLinkAbout77-0509 EMH AGREEMENT, made this 9th clay of May _ , 1977 ,
between the e. Department or Mental Health and Developmental isabil1
ties (hereinafter referred to as Seller) , an agency of the State of
Illinois , acting as authorized by the Illinois legislature (Ph73-
1275) , signed :into law on December 30 , 1974) , and no City of Elgin,
a body pol:Ltic. (hereinafter referred to as Purchaser) :
WITNESSETH, that if Purchaser sha.7.1 first st make the Pay-
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nients and perform Purchaser' s covenants hereunder , Seller hereby
covenants and agrees to convey to Purchaser in fee simple 1)y
Seller' s Quitclaim recordable deed, subject ect. to the tn�t.t::t:c.zrs b.e:� ein--
under specified, - the premises situated in the County of Jane and
State of Illinois described as follows :
That- part of Sections 22 , 23, 26 and 27 , Township
41 North, Range 8 East of the Third Principal
Meridian, described as follows : Beginning at the
Northwest corner of the Northeast quarter of the
Southeast quarter of Section 22 , thence Southerly •
along the West line of said Section 22 for a
distance of 1038.80 feet to a point ; thence Westerly
along a line forming an angle of 88° 11 ' to the
right of a prolongation of the last described course
for a distance of 1843,,60 .feet to the center line of
McLean Boulevard (State Aid Route 18) ; thence South- .
westerly along said center line, being a curve to
the left for a distance of 574.65 feet to a poi_rit_
thence continuing in a Southwesterly direction along
sa.id center line, being a straight line and tangent_
to the last described point, for a.. distance of 404„6
• • feet to an angle in said center line; thence South-
westerly said d Center line s ^" e6 � ,_
along
nt:. r 7.� �e a di.Co icC. of j, S
feet; thence Easterly along a line parallel -with t:he
South line of Section 22 .for a distance of 1038.8
feet; thence Southerly along a line that is perpendic-
ular to the North line of the Northwest quarter of
Section 27 and the South line of the SoutI ,t,e=t quarter
of Section 22 for a distance of 1620 feet more or less
to the South line of the North half of the Northeast
quarter of said Section 27; thence Easterly along said
South line of the North half of the Northeast quarter
of Section 2.7 for a distance of 2293. 9 feet to the _
• East line off said Northeast quarter of Section 27 ;
thence Northerly along said East: .line of t:he Northeast
q'ea t:c_' .of Section 27 for a distance of 348 . 2 feet:
thence Easterly along a line that forms an angle of
90' 12 ' to the right of a prolongation of the last:
described course, said line also being the Southerly
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property line of the Elgin State Hospital , for
disi:: nee of 1900 feet more or less ; thence Northerly
alongaline parallel toacid 740 feet West or, the. East
line of the Nor thwcss quartar of Section 26of the
Southwest quarter or Seet:Lon 23 fyofora distance rtc_. 1. 01
. feet more o legs ; thence E a te'�.l.v along ... lino par..-
.._....e 1 1-ij..(:rt the South i.. ne of the Sou\ l ea quarter_._ of
Sectjea 27t , for a distance of 740 feet to the East
7 i n: f c� the i " e ^t-r S •s rr ,� t':�r '�i'.
_ , 1._ ..?''... .`•ci(i.t;ia•._:i t_. :113ci'i. ....Ji. C3 i_ ..�C:(:t...C1.. _ ..r� ..r•,i ('
Northerly along theLastline of
said S i'I.i: Ye
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ati _, of Section 23 for 'u .::L::tic _ o c 1772 .i ..
:!Inre o.- les!; t:o: the Southerly r: :L.'-o>: ';la l •i ,' . of the
•.' . �. Route 20 Bynas s (Federal Aid
Route oof _..
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Northwesterly along the Southerly right-of--way
line of the U. S. Route 20 Bypass for a distance of
2643 feet more nr lOcA t_n t'b 'iopl: lti.nn nt, 5ect-inll
thence cont=i_ktrig ::i.ct a Northwesterly•`di_ro•ct:i_on.-•
along the Southerly right-of-Way line, of 'said U. S.
Route 20 Bypass for a distance of 1329 . 34 feet to
the West line of the Southeast civarter of 'the
Northeast quarter of Section 22; thence South along
• said west line for a distance of 113.44 feet to
. the place of beginning. Being situated in Elgin.
Township, Kane County, Illinois and containing
• 407.44 acres more or less .
And Seller further agrees to furnish to Purchaser an abstract of
title- covering the above described real estate. Purchaser hereby
covenants and agrees to pay to Seller the . sum of $670,238. 00 in
the manner described below. Payment is to be made at such place
as Seller may from time to time designate in writing, and until
such designation is made, at the office of Business Administrator,
Elgin Mental Health Center, 750 South State Street , Elgin., Illi-
• nois 60120. Purchase price to be paid in the manner following,
to-wit: •
• A. Purchase price .is -to be paid in five (5) equal
annual installments .
B. The first of said installments to be paid upon
• • execution of this Agreement , dated , y,ne 1 ,
1977, and the remaining ±nstaliments to
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be paid at successive one year periods following payment of the
first installment on date shown in B. above, until the full pur-
chase price has been paid. Possession of the premises .shall be
delivered to the Purchaser upon payment of the first installment.
Possession shall continue with. Purchaser provided that Purchaser
does not violate any default or termination provisions or other
conditions under this agreement.. .
It is further expressly understood and agreed between
the parties hereto that:
1. After execution of this agreement, Purchaser shall
be responsible for any special .assessments or taxes , if any, or
charges or penalties , if any, pertaining to the premises that be-
come due or payable after the date of execution.
2. Purchaser shall not suffer or permit any mechanic ' s
lien or other lien to attach to or be Tainst the premises , which
shall or may be superior to the rights of the Seller.
3. Purchaser shall not transfer or assign this agree-
ment or any interest therein, without the previous written. consent
• of Seller, and any such assignment or transfer, .without such pre-
vious written consent , shall not vest in the transferee or assignee
any right , tittle or interest herein or hereunder; or in the prem-
i ses , but shall render this contract a.ct null and void at the election
of Seller, pile, Purchaser will not lease the premises , -c;r any pert_
,thereof, for any purpose without: Seller' s prior written consent.
4. . No right, title or interest, legal or equitable, in
the premises, V1 any part _ .IJ A. , shall vest_ in l-:r'`.l_Ct.' L until
the delivery of the quitclaim deed aforesaid by. Seller, or until
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the full payment of the purchase price at the times and in the
manner herein provided. Y
5 . No extension, change, modification or amendment to
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or of this agreement of any kind whatsoever shall be .made or
claimed by Purchaser, and no notice Of any extension, change,
modification or amendment , Made or claimed by Purchaser , shall
have any force or effect whatsoever unless it shall be endorsed
in writing on this agreement and be signed by the parties hereto.
s
.6 . In case of the failure of Purchaser to make any of
the payments , or any part thereof, or perform any of Purchaser ' s
covenants hereunder, this agreement shall, at the option of Seller,
be forfeited and determined, and in such event, Seller shall have
the right to re-enter and take possession of the premises afore-
said, provided that the purchase price, or any portion thereof
previously paid, shall be returned to Purchaser . p=
k
7 . In the event of the termination of this agreement by
lapse of time, forfeiture or otherwise, all improvements , whether
finished or unfinished, which may be put upon the premises by
Purchaser shall belong to and be the property of Seller without
liability or other obligation on Seller' s part to account to
Purchaser therefor or for any part thereof.
8 . Purchaser shall pay to Seller all costs and expenses ,
including attorney' s fees, incurred by Seller in any action or pro-
ceeding to which Seller may be made a party by reason of being a
party to this agreement , and Purchaser will pay to Seller all
costs and expenses including attorney' s fees incurred by Seller in
enforcing any of the covenants and provisions of this agreement
and incurred in any action- brought by Seller against Purchaser on
account of the provisions hereof, and all such costs, expenses and
attorney' s fees may be included in and form a part of any judgment
entered in any proceeding brought by Seller against Purchaser on or c
under this agreement.
This contract is subject to the Conditions and Stipula-
tions enumerated and attached hereto, which Conditions and Stipula-
tions are made a part of this contract.
This agreement constitutes the entire agreement by and
between the parties hereunder, and no oral or other representations
• can or will modify the contents herein.
IN WITNESS WHEREOF , the parties to this agreement have
hereunto set their hams and seals in duplicate, the day and year
first above written.
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li?411 ithh4i A1�• (SEAL)
Sealed and Delivered Director, Illinois Department of Mental
in the presence ofp
Health and Develop ental Disabilities
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(SEAL)
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CONDITIONS AND STIPULATIONS
A. Elgin Mental Health Center shall have continued rights
of usage for the cemetery property.
B. There shall be the construction of a city water main
extension of sufficient size to serve Elgin Mental Health Center
by the City of Elgin no later than December 1 , 1978 , at no cost
to the State or the Illinois Department of Mental Health and
Developmental Disabilities. The design of said extension shall
be at the discretion of the City of Elgin and may utilize
existing piping if feasible . Actual delivery of city water to
the Elgin-Mental Health Center shall only begin at the time the
proposed city watertreatment plant is completed and in operation.
C. The use and ownership of the water storage tank and deep
well located on the subject property shall remain with the Elgin
Mental Health Center. The City of Elgin shall pump a sufficient
amount of water to maintain the water storage tank filled at an
agreed level.
D. That during the period of installment payments established
by this agreement , the City of Elgin may lease said real estate for
farming tillable land and/or use as a landfill provided any- and all
receipts from said lease are paid to the Superintendent of Elgin
Mental Health Center for deposit with the Treasurer of the State
of Illinois . Should 'the City of Elgin use said real estate as a
landfill , Elgin Mental Health Center shall have the right to
deposit those materials not ordinarily removed by its waste disposal
contractor in said landfill. That upon payment of the purchase price
in full, seller shall deliver its recordable quitclaim deed to the
purchaser and purchasers obligation to pay profits derived from the
use of the land. to the seller shall terminate . Delivery of the
sellers recordable quitclaim deed shall be made at the time of
delivery of the final installment of the purchase price .
E. Prior to the City of Elgin' s development or use of the
subject land, the plan for the eventual development of the area
must be approved in writing by the Director of the Illinois
Department of Mental Health and Developmental Disabilities . Any
subsequent changes thereto shall be submitted to the Director
for approval . The neglect or failure of the City of Elgin to use
such. land so quitclaimed, transferred and conveyed for public
purposes or the use of such land in a manner which in the sole .
judgment of the Director of the Illinois Department of Mental
Health and Developmental Disabilities conflict with adjoining
uses , shall give the right of entry for condition broken to the
State of Illinois upon written demand made therefor on behalf of
the State of Illinois , by the Director of the Department of -
Mental Health and Developmental Disabilities or his successor
and upon return of the purchase price .
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