Loading...
HomeMy WebLinkAbout94-53 Resolution No. 94-53 RESOLUTION AUTHORIZING EXECUTION OF A JOINT ORDER ESCROW DISBURSEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert 0. Malm, Interim City Manager, be and is hereby authorized and directed to execute a Joint Order Escrow Disbursement in the sum of $90, 000 to the Children' s Discovery Museum from the Center City Development Corporation loan proceeds escrow. s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: March 9, 1994 Adopted: March 9 , 1994 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk inA ( )(1' (II Agenda Item No . Jr �����fif of�P c;en rite March 2, 1994 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Escrow Agreement PURPOSE The purpose of this memorandum is to forward to the Mayor and City Council a Joint Order Escrow Disbursement for considera- tion. BACKGROUND The City of Elgin and the Center City Development Corporation (CCDC) entered into a Joint Escrow Agreement for the distribu- tion of $1, 050, 000 in loan proceeds. The purpose of the escrow agreement is to purchase and remodel the former Spiess Building. The building has been purchased except for a minor lease hold interest, and the remodeling work is underway. Attached is a request for a $90,000 disbursement from the escrow account to the Children' s Discovery Museum (CDM) . The escrow agreement, however, does not provide for disbursements to CMD, although it has been the CCDC's clear intent to pro- vide $125, 000 from the loan proceeds as start-up funding for the museum. In December, the City Council authorized a dis- bursement of $15,000 to the CMD from the escrow account. FINANCIAL IMPACT The attached escrow account report from CCDC, dated December 1 31, 1993, indicates a balance available for disbursement of $195,447 . 86 . The $90, 000 for the CMD would be provided from these available funds . Escrow Agreement March 2, 1994 Page 2 LEGAL IMPACT The agreement for commercial development and the escrow agree- ment do not appear to authorize disbursements to CDM. The negotiations between the City and CCDC over the agreement for commercial development included discussions that CCDC intend- ed to fund the start-up of the CDM. However, such a provi- sion was not specifically included in the agreement or in the amendments thereto. As such, City Council authorization should be obtained prior to execution of the proposed Joint Order Escrow Disbursement. RECOMMENDATION If the City Council approves the request for the disbursement to the Children' s Discovery Museum, a resolution authorizing the Interim City Manager to execute the Joint Order for Es- crow Disbursement should be adopted. ele Rob rt O. Malm, Interim City Manager amp Attachments 'Ul/113/84 17:Y!! 'D(U�f a31. 0144 ht.t�ln rAlcila,it t, ski vuc • Center City E L Development Corp. (Tana nit , 81 Fountain Square Plus Stein,IL 60120-5555 (708)931-5945 . • (?O0)931-6144 ESCROW ACCOUNT REPORT For period ending December 31, 1993 . Loan Amount $1; 050,000.100 Loan Closing Disbursements: Attorneys ' Fees: Brady McQueen, Ritt & Dalton and Laser Schostok $44,431.05 Initial Interest 1,181.25 $45,612.30 Legal Fees 7,338.00 Operating Account (Old Kent) 500.00 Loan Payments 35 392.00 Children's Museum & Imaginasium 25,000.00 Children's Discovery Museum 35,000.00 Property Insurance 3,752.00 • Design Work 37,890.73 Construction 103,772.38 Environmental 25,467.23 Chicago Title Company Fees 812.50 Mortgage Takeover and Lot Purchase: New York Life, Carol Kasper Ri.tt & Dalton and Sonnenschein Nath, Attys . 534,015.00 • TOTAL DISBURSED TO DATE $ 864,55244 BALANCE AVAILABLE FOR DISBURSEMENT 195,447:86 TOTAL LOAN • $1,050,000 00 .