97-39 Resolution No. 97-39
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
HABITAT FOR HUMANITY, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert O. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute an agreement on behalf of the City of
Elgin with Habitat for Humanity, Inc. for the rehabilitation
of the property commonly known as 620 Brook Street, a copy of
which is attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: February 12, 1997
Adopted: February 12, 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this. %S' day of
February, 1997, by and between the City of Elgin, Illinois, a
municipal corporation, (hereinafter referred to as "City" ) and
Habitat for Humanity, Inc. , a not-for-profit corporation,
(hereinafter referred to as "Habitat" ) .
WHEREAS, Habitat is an organization which provides for
the construction and rehabilitation of low and moderate income
housing; and
WHEREAS, Habitat has determined it to be in its best
interests and the best interests of the public to provide for
the rehabilitation of the property commonly known as 620 Brook
Street, Elgin, Illinois (hereinafter referred to as
"Property" ) ; and
WHEREAS, City has determined it to be in its best
interests and the interests of the public to enter into an
agreement with Habitat to provide funds to assist Habitat in
the rehabilitation of Property.
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties hereto hereby agree
as follows :
1 . City shall pay to habitat the sum of $25,000 on or
before February 28, 1997 .
2 . Habitat shall rehabilitate Property on or before
September 30, 1997 as provided herein.
3 . Habitat shall rehabilitate Property in conformance
with building plans which shall be provided by Neighborhood
Housing Services, Inc. , and which shall be approved in writing
by City' s Director of Code Administration.
4 . Habitat shall secure an occupancy permit for
Property on or before September 30, 1997 .
5. Habitat shall utilize the $25,000 payment by City
provided for herein solely and directly for the rehabilitation
provided for herein, or for acquisitions directly related to
such rehabilitation.
6 . Habitat shall submit a report of the rehabilitation
provided for herein to the Director of Code Administration and
Neighborhood Affairs on or before December 31, 1997 .
7 . Habitat shall comply with all applicable codes,
regulations and laws in performing the rehabilitation provided
for herein.
8 . Habitat shall hold harmless and indemnify City, its
agents, employees and assigns from and against any and all
claims for damages, causes of action, suits, or any and all
other liability resulting from or arising out of Habitat' s
negligent performance of this agreement.
9 . This agreement represents the entire agreement
between the parties hereto. No oral representations,
promises, terms or agreements have been made, and any such
representations, promises, terms or agreements shall be of no
force and effect.
10. This agreement shall not be construed so as to
create a partnership, joint venture, agency or employment
relationship between the parties hereto.
11 . If any of the terms of this agreement conflict with
any of the terms of any other written agreement between the
parties hereto, the terms of this agreement shall apply.
12 . This Agreement shall be binding upon and inure to
the benefit of the parties hereto, their respective successors
and assigns . However, Habitat shall not assign its interest
hereunder except to an entity approved in writing by City,
which approval shall not be unreasonably withheld.
13 . This Agreement shall be subject to and governed by
the laws of the State of Illinois.
14 . All notices delivered hereunder shall be in writing
and shall be served upon the parties at the following
addresses :
To: ),(/,K / 1, .4V1 -2/6 To: Clay Pearson
Habitat for Humanity, Inc. City of Elgin
y// CJ we, 5 150 Dexter Court
/��!d742, 2"Z:, 2/ 6 //d' Elgin, Illinois 60120
The mailing of notice by registered or certified mail, return
receipt requested, shall be sufficient service.
15 . The terms of this Agreement shall be considered to
be severable. In the event that any of the terms of this
Agreement shall be deemed to be void or otherwise
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unenforceable for any reason, the remainder of the Agreement
shall remain in full force and effect.
CITY 0 - . GIN
By j d
Cit Manager
Attest:
41 j�1, -C,Cljy,
City Clerk
HABITAT FOR HUMANITY, INC.
By )(,,,��''e� L' X�� .7
Its
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