93-274 Resolution No. 93-274
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPM;NT AGREEMENT WITH THE
SALVATION ARMY
BE IT RESOLVED BY THE CITY COUNCIl OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Ma or, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute a Development Agreement on behalf of the City of Elgin
with the Salvation Army for the development of a playground
and parking lot, a copy of which is att-ched hereto and made a
part hereof by reference.
s/ Ge•r•e VanDeVoorde
Georg: VanDeVoorde, Mayor
Presented: October 27, 1993
Adopted: October 27, 1993
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Draft 5/19/93
SALV.ARM
DEVELOPMENT AGREEMENT
CITY OF ELGIN, ILLINOIS/SIALVATION ARMY
THIS AGREEMENT is made and entered into this 04day
of i , , 'ti , 1993, by and between the City of Elgin,
Illinois, a municipal corporation (hreinafter referred to as
"City" ) , and the Salvation Army, a not-for-profit corporation,
(hereinafter referred to as "Army" ) ,
WHEREAS, Army is the owner cif a particular parcel of
real property located in Elgin, Illinois; and
WHEREAS, City has determined it to be in its best
interest to provide for the development of a playground and
parking lot on the aforementioned real property for use of the
citizens of the City of Elgin, Illinois;
NOW THEREFORE, in consideration of the mutual
promises and covenants contained herein, the receipt and
sufficiency of which are hereby aclknowledged, the parties
hereto hereby agree as follows :
1. Army hereby warrants and acknowledges that it is
the owner in fee simple of certain real property located in
Elgin, Illinois , described as follows :
The South 8 rods of the Ea-t 7 rods of Block 11
of P.J. Kimball Jr. 's Third A•dition to Elgin, in
the City of Elgin, Kane County, Illinois;
and that, to Army's knowledge and nformation, there are no
liens, claims, suits, adverse inte . ests or other clouds on
Army's title to the subject property.
2 . City shall contract wish any professional firms,
including, but not limited to, engineering or architectural
firms, which in its sole discretion it determines to be
desirable, to develop specifications for the construction of a
playground and parking lot on th- aforementioned subject
property.
3 . City shall, in its sole discretion, provide for
bidding and selection of contractors and provide funds for
payment of all necessary expens-s associated with said
selection and construction of the aforementioned playground
and parking lot. City' s total expe ditures shall in no event p
Ler
exceed the sum of $57 ,000. Any costs or other expense:,' c.i
exceeding $57,000 shall be borne sole y by Army. Providing
The Salvation Army has given its prior appro al to expenditures exceeding $57,000.
4 . City shall have MAU discretion and right of
approval for all contracts, specifications, plans,
expenditures and other conditio ,s of development and
construction on the subject property.
Subject to approval of The Salvation Army, w ich approval shall not be
unreasonably withheld.
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5. Army shall keep and maintain the subject
playground and parking facilities in good condition, and shall
keep the facilities open and available to the general public
free of charge through December 31, 2004 .
6 . In the event Army shall fa 1 to comply with any
of the terms of this agreement, or sha 1 sell or allow the
subject property to become encumbered •rior to January 1,
2005, such action shall constitute a material breach of this
agreement, and Army shall pay to City t e amount expended by
City to develop the subject property in accordance with the
terms of this agreement on a pro-rated basis as and for
liquidated damages at the rate of 10% for each year prior to
January 1, 2005 that said breach occurs .
7 . Army shall hold harmless ang indemnify City, its
officers, agents and employees from and against any and all
claims, suits, causes of action, ' los- , or liability of
whatever nature, including, but not 1 mited to, workmen' s
compensation claims, in any way resulting from or arising out
excluding de m
of any actions or omissions of either par y hereto, , mg; ",A
ENCOx MI xx' v negligent actions o' omissions of City,
its officers, agents or employees, . rising out of the
performance of this agreement.
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8. In the event that any •f the terms of this
agreement are held to be void, illegal or unenforceable for
any reason, the terms of this agreeme t shall be considered
severable, and the remainder of this ag eement shall remain in
full force and effect. In the event t pis entire agreement is
determined to be void or voidable, Arms shall reimburse City
for all of City's expenditures resulting from this agreement.
9 . This agreement shall not constitute or create a
joint venture or partnership relationsh p of any kind between
the parties hereto, or be construed .o as to constitute a
representative or agency relationship of any kind.
10 . No official, director, officer, agent or
employee of City shall be charged personally or held
contractually liable under any term or provision of this
agreement or because of their execution approval or attempted
execution of this agreement. This agreement shall be of no
effect prior to approval by the City Coulcil of City.
11. This agreement and eaci and every portion
thereof shall be binding upon the suc essors and assigns of
the parties hereto; provided, howeve , , that no assignment
shall be made without the prior written onsent of City.
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•
12 . Notwithstanding any other provision herein, City
may terminate this agreement at any lime upon fifteen ( 15)
days written notice to Army. In the event of such
termination, no claim or suit for da ages, loss, breach or
other cause of action shall be brought a•ainst City.
13 . This agreement constitute= the entire agreement
of the parties on the subject matter h:reof, and shall not be
changed, modified, discharged or exte ded except by written
amendment duly executed by the partie- . Each party agrees
that no oral modifications or agreem-nts shall be binding
unless expressed herein or in a duly executed amendment hereof.
IN WITNESS WHEREOF, the parties hereto have caused
this agreement to be executed on the above written date.
THE SALVA ON ARMY
AN IWNOIS CORPORATION
SALVATI.N ARMY
/f
By i49 i ,vdr, 14/
ED ARD J. JO SON
CITY OF M i EVitt"unicipal
corpora ion
BY ~/< r iZ,.,- i'2 /
Mayo .
Attest:
e04)6v—,k_ 4\4121-1,--
City Clerk
5
El 1 in a CLO
(P. ... ,,,, Agenda Item No.
o ``. 'II1t g)
e/
October 18, 1993
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Proposed Agreement Between the Salvation Army and the
City of Elgin
Purpose: To review the attached proposed development agreement
between the City and Salvation Army.
Background: In 1991 the City Council allocated funding for the
flow improvement of the Salvation Army owned parking lot at the northwest
corner of Douglas Ave. and Ann Street into a small childrens play
area and a parking lot. This project was one of ten such projects
funded and represents the last remaining project to be undertaken.
The attached agreement has been reviewed and approved by the
Salvation Army Board and the city 's Legal Department.
Financial Impact: The $57, 000 in funding for this project is
contained in the $100, 000 set aside for neighborhood and community
projects as part of the 1993 bond issue approved by the City
Counciltaccount# 393 0000 795 9232 project 159501) . Two previous
projects also funded under the $100, 000 set aside were reimbursement
to the Mother Goose Child Development Center in the amount of $19, 260
for building improvements and $25, 000 to Neighborhood Housing
Services for the Fremont St. housing rehabilitation expenditures.
Recommendation: It is recommended that the City Council approve the
-
attached development agreement. A resolution authorizing execution
of e agreement is contained on the regular City Council agenda.
) diU:Altrit4.001-
0 , .
Robert O. Malm
Interim City Manger
r
Draft 5/19/93
SALV.ARM
DEVELOPMENT AGRE;MENT
CITYOF ELGIN, ILLINOIS/S • VATION ARMY
THIS AGREEMENT is made and entered into this day
of , 1993, by and betwe=n the City of Elgin,
Illinois, a municipal corporation (he einafter referred to as
"City") , and the Salvation Army, a no ■-for-profit corporation,
(hereinafter referred to as "Army") ,
WHEREAS, Army is the owner of a particular parcel of
real property located in Elgin, Illino s; and
WHEREAS, City has determine• it to be in its best
rik interest to provide for the developm-nt of a playground and
parking lot on the aforementioned real property for use of the
citizens of the City of Elgin, Illinoi= ;
NOW THEREFORE, in consid:ration of the mutual
promises and covenants contained h:rein, the receipt and
sufficiency of which are hereby ac nowledged, the parties
hereto hereby agree as follows:
1. Army hereby warrants and acknowledges that it is
the owner in fee simple of certain eal property located in
Elgin, Illinois, described as follows:
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