99-12 Resolution No. 99-12
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE INSTITUTE OF ISLAMIC EDUCATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute an
agreement on behalf of the City of Elgin with the Institute of
Islamic Education for the sale of lots and graves in Bluff City
Cemetery, a copy of which is attached hereto and made a part
hereof by reference.
s/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: January 27, 1999
Adopted: January 27 , 1999
Omnibus Vote: Yeas 5 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RAGREE/CEMETERY. IIE
Draft 12/16/98
AGREEMENT
THIS AGREEMENT is made and entered into this P-3 day of
j/MO 25/ , 199y, by and between the City of Elgin, Illinois, a
municipal corporation of the State of Illinois, (hereinafter
referred to as "City" ) and Institute of Islamic Education, a
religious corporation duly organized and existing under and by
virtue of the laws of the State of Illinois, (hereinafter
referred to as "IIE" ) .
WHEREAS, City is the owner of certain lands acquired by it
for cemetery uses and now being operated as a City Cemetery,
known and designated as Bluff City Cemetery, being a part of
Section 19 in Hanover Township, Cook County, Illinois, and
under the ordinances of the City of Elgin is authorized to
sell lots and graves, either by cash or by contract in
installment payments, to any person offering to purchase same
at the purchase price and under the terms and conditions
authorized by ordinance of said City; and
WHEREAS, IIE is desirous of purchasing 1170 graves
contained in lots 1 thru 104 of Section 25, for the purpose of
providing a designated area in said City Cemetery as a burial
place, in conformity with the requirements of the IIE faith,
for use exclusively by persons entitled to be buried in IIE
Cemetery, subject nevertheless to all of the existing rules
and regulations of said City Cemetery; and
WHEREAS, said lots shall be located on Dell Avenue to the
North and Gifford Road to the East and woods to the South and
Elm Avenue on the West.
WHEREAS, the parties hereto have made certain agreements
with reference thereto, which they are now desirous of
expressing in writing;
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 . That IIE shall first make the payments and perform
the covenants hereinafter mentioned on its part to be made and
performed, City hereby covenants and agrees to grant, bargain,
sell, convey and assure to said IIE at the time or times, upon
the terms and conditions and in the manner herein below more
specifically provided by Cemetery Deed the right to use as a
burial space for the burial and interment of human dead,
subject to the provisions and requirements of all present
ordinances and ordinances hereafter passed by the City Council
of said City pertaining to the use of land for burial purposes
in said Bluff City Cemetery, the following described lots or
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graves situated in Bluff City Cemetery, Hanover Township,
County of Cook and State of Illinois, to-wit:
1170 graves, being all of the certain graves located
in lots numbered 1 through 104 inclusive, all located in
Section 25 of the plat of Bluff City Cemetery as laid out
and recorded in the Office of the City Clerk of the City
of Elgin, Illinois hereby meaning and intending to
describe a single unit of 1170 graves in Section Number
25 in the said Bluff City Cemetery in the City of Elgin.
It is expressly understood and agreed that the within
purchase and purchase price herein below set forth include
both the purchase price of said lots or graves and also the
cost of providing Perpetual Care for the same, in the manner
now being offered by City under the terms and provisions of
its customary and established form of Perpetual Care Agreement
now in use, or which may hereafter be in use, by the said
City, under its ordinance regulating the operation of said
Cemetery.
2 . IIE hereby covenants and agrees to pay to said City
at the Office of the Director of Finance, the sum of Three
Hundred Eighty-Seven Thousand Six and no/100 Dollars
($387 ,006 . 00) in the manner following:
The sum of Thirty-Seven Thousand Five Hundred and no/100
Dollars ($37,500 . 00) upon the signing and delivery hereof of
this agreement, receipt of which is hereby acknowledged by
City on or before V-ici(QAt2Y / 3 , 1999, and the remaining
balance of Three Hundred Forty-Nine Thousand Five Hundred Six
and no/100 Dollars ($349,506 . 00) , payable in nine consecutive
semi-annual payments as follows :
Four payments of Thirty-Eight Thousand Five Hundred and
no/100 Dollars ($38,500.00) payable on the 15th day of
May and November in 1999 and 2000; four payments of
Thirty-Nine Thousand and no/100 ($39,000 . 00) payable on
the 15th day of May and November in 2001 and 2002; and a
final payment of Thirty-Nine Thousand Five Hundred Six
and no/100 ($39,506 . 00) , payable on the 15th day of May,
2003, with the privilege reserved by IIE of making
prepayments of principal hereon, in full or in part, in
amounts equal to one or more semi-annual installments on
May or November dates .
3 . It is hereby further agreed by and between the
parties hereto that said lots and graves which are part of
Section 25 of Bluff City Cemetery, above described, being
purchased by IIE hereunder shall be designated on the plat of
said Cemetery and known as "Islamic Section of Bluff City
Cemetery" , it being further expressly understood and agreed
that IIE will not locate or display any markers, monuments or
signs within or along the boundaries of such section for the
purpose of identifying the same without first obtaining
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, ..
written consent of City thereto, as to type, size, design and
location, that all grave markers in said section shall be of a
flat or flush type and shall conform with the rules and
regulations of the cemetery, and that IIE will not establish
any fences or other physical barriers separating said section
from the remainder of such cemetery, except a shrub or hedge
row of such height, type and design as shall be harmonious and
conform with the general landscaping of and rules and
regulations of said cemetery.
4 . It is further understood and agreed that it is the
express intention and purpose of IIE to acquire said section
of Bluff City Cemetery being sold for the burial and
internment of only those persons who are entitled to be buried
in an Islamic Cemetery, and to resell said lots or graves, in
single or multiple lot or grave units, to members of its
congregation or other persons entitled to be buried in an
Islamic Cemetery, upon such terms of payment therefore as IIE
shall from time to time hereafter fix and determine, and that
in furtherance of said express purpose of IIE hereinabove in
this paragraph set forth, but subject, nevertheless, to the
rules and regulations of City, governing the operation of said
cemetery, IIE hereby expressly reserves the following rights
and privileges : ( 1) to request and receive cemetery deeds
conveying and transferring lots or graves directly to it under
the within agreement subject to usual transfer fees imposed by
the City; (2) to direct City to issue cemetery deed for lots
or graves to the nominee or nominees of IIE; ( 3) to reassign
to City deeds to any lots conveyed to it by City and designate
the reissuing of a cemetery deed or deeds to subsequent
purchasers thereof from IIE; (4) to reserve the first option
to repurchase from the owner thereof, any lot, lots, grave or
graves in said section at the same selling price as IIE shall
then be offering to sell other comparable lots within said
section; (5) to require written consent and approval by IIE to
the transfer of ownership at any time hereafter, of all lots
in said part of section being purchased hereunder; and (6) to
require the written consent of IIE by its proper officer,
before issuing a burial permit or permitting the interment of
any person in any lot or grave in said section.
5 . It is further expressly understood and agreed that
said part section of cemetery lots being sold hereunder
includes a total of One Thousand One Hundred Seventy ( 1170)
graves, that the selling price above provided for has been
determined and agreed upon on the basis of the first Three
Hundred Fifty ( 350) graves at Three Hundred Sixty and no/100
Dollars ($360 .00) each for One Hundred Twenty-Six Thousand and
no/100 Dollars ($126,000 .00) and the next eight hundred twenty
(820) graves at Three Hundred Eighteen and 30/100 Dollars
( $318 . 30) each for Two Hundred Sixty-One Thousand Six and
no/100 Dollars ($261,006 .00) , including Perpetual Care, and
that, from time to time hereafter, upon the written direction
of and request of IIE, and to the extent that graves being
sold hereunder shall be fully paid for, at the rate of cost
Page 3 of 6
for each grave hereinabove in this paragraph mentioned, City
will immediately cause its separate cemetery deeds to be
executed and delivered transferring all interest in such
graves for burial purposes to IIE or its nominee or nominees
together with separate agreements in the form in general use
by City at such time or times, for providing Perpetual Care
for such lots or graves to be so transferred.
6 . In the event of a breach of any of the aforesaid
covenants or of the failure of IIE to make any of the
payments, or any part thereof, at the time and in the manner
specified and said default shall continue for thirty (30)
days, City shall thereupon immediately execute and deliver to
IIE or its nominee or nominees, cemetery deeds for any graves
to which IIE shall be then entitled in accordance with the
provisions of Paragraph 5 of the within agreement, this
contract shall then at the option of City be forfeited and
terminated, and City shall have the right to re-enter and take
possession of all of the remaining lots or graves included in
the within sale that shall or may be vacant or unoccupied at
the time of such re-entry and taking of possession for which
cemetery deeds shall not previously have been executed and
delivered to IIE or its nominees, together with agreements for
Perpetual Care, as hereinabove provided for in Paragraph 5 of
the within agreement, and a written notice of such forfeiture
and re-entry served upon IIE by registered mail, addressed to
it at its office at 1048 Bluff City Boulevard, Elgin,
Illinois, and recorded in the Recorder' s Office of said County
shall be sufficient evidence of said election, forfeiture and
re-entry, provided, nevertheless, that City shall have the
right at its own election, in the event of any such default,
to grant further extension or extensions of the time or times
for remaining payments hereunder.
7 . It is further expressly understood and agreed by and
between the parties hereto that City has, prior to the
execution of this agreement, established roadways and paths in
Section 25 similar to those now in use in the adjacent
improved areas of Bluff City Cemetery. City has also planted
grass, trees, bushes, plants and shrubs in Section 25 of said
cemetery. Any additional improvements, development and
landscaping in Section 25 requested by IIE shall be harmonious
with and in conformity with the general plan and scheme of
Bluff City Cemetery. In furtherance of this objective, any
additional improvements, development and landscaping in
Section 25 shall require the approval of the City prior to the
commencement of said additions or alterations. The City shall
complete all improvements, development and landscaping in
Section 25, and IIE shall compensate City for the costs of
said improvements, development and landscaping prior to the
City initiating work on said improvements, development and
landscaping.
8 . IIE agrees to conform to the rules and regulations
now in effect or to be hereafter regularly adopted in the
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operation of said cemetery with regard to graves, markers,
burials and the general use, otherwise, of said cemetery,
provided, however, that IIE may adopt its own rules and
regulations which shall not conflict with the rules and
regulations of City.
9 . The within agreement has been entered into by City
pursuant to a resolution duly adopted by the City Council of
the City of Elgin, Illinois at a regularly held meeting of
said City Council .
10 . The within agreement has been entered into by IIE
pursuant to a resolution duly adopted at a regularly held
meeting of its Board of Directors .
11 . It is further expressly understood and agreed that
IIE shall at all times hereafter advise the City Clerk of the
City of Elgin, Illinois in writing of the name or names of its
proper officer or officers who are duly authorized on behalf
of IIE to consent to assignment or transfer of lots included
in the within purchase or consent to the issuing of burial
permits for the use of graves in the section being sold
hereunder as hereinabove provided for.
12 . (a) The parties hereby further agree that IIE is
hereby granted an option to purchase and a right of first
refusal to purchase lots and graves in Section 24 of the Bluff
City Cemetery, said section consisting of one thousand four
hundred and fifty-six graves (hereinafter referred to as the
"Additional Property" ) . The option to purchase such
Additional Property and the right of first refusal to purchase
such Additional Property hereby granted to IIE shall be for a
period commencing upon execution of this agreement and
expiring without further action of the parties at 4 :00 p.m.
C.S.T. on May 15, 2003 .
(b) In the event IIE elects to exercise its option
to purchase the Additional Property, it shall so notify the
City in writing. In the event IIE fails to so notify the City
prior to the expiration of the option to purchase on May 15,
2003, at 4 : 00 p.m. C.S.T. , then IIE ' s option to purchase such
Additional Property shall be deemed terminated and without
further effect without further action of the parties . In the
event IIE fails to notify the City of its election to exercise
its option to purchase the Additional Property prior to the
City notifying IIE of a purchaser of the Additional Property
as provided in Paragraph 12 (c) hereof, then IIE 's option to
purchase such Additional Property shall be deemed terminated
in favor of IIE's right of first refusal to purchase the
Additional Property. The parties further agree that in the
event that IIE elects to exercise its option to purchase the
Additional Property the parties shall thereafter in a timely
manner attempt to negotiate the terms of sale for such
Additional Property. In the event the parties are unable to
agree on the specific terms of such a real estate contract for
Page 5 of 6
the Additional Property within sixty (60) days following
receipt of a notice to exercise its option to purchase the
Additional Property then IIE ' s option to purchase the
Additional Property shall be deemed terminated and without
further effect.
(c) In the event the City has a purchaser for any or
all of the Additional Property at any time prior to May 15,
2003, and IIE has not previously notified the City of its
election to exercise its option to purchase the Additional
Property, the City shall notify IIE in writing of such other
purchaser. IIE shall be required to notify the City in
writing within fifteen ( 15) days from the date of such notice
as to whether IIE wishes to exercise its right of first
refusal to purchase the Additional Property. IIE and the City
shall thereafter enter into a contract within thirty (30) days
of such notice by IIE of its election to exercise its right of
first refusal . Such contract between the City and IIE shall
be substantially as set forth in the proposed contract between
the City and the other proposed purchaser. In the event the
City and IIE are unable to agree on the specific terms of such
agreement and enter into same within thirty (30) days from the
date of IIE ' s notice of its election to exercise its right of
first refusal to purchase such Additional Property, then IIE ' s
right of first refusal shall without further action of the
parties be deemed terminated and without further effect.
13 . Each provision of this Agreement shall be
interpreted in such a way as to be effective and valid under
applicable law. If a provision is prohibited or deemed
invalid under applicable law, it shall be ineffective only to
the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining
provisions of this Agreement.
14 . This Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois .
Jurisdiction shall lie in the Circuit Court of Kane County,
Illinois .
IN WITNESS WHEREOF, the parties have entered into this
Agreement, all on the date and year first mentioned above.
CITY OF ELGIN INSTITUTE OF ISLAMIC
EDUCATION
By ByC)A* '
Kevin Kelly, M.'or Mohammad A. S m,
President
Attest: Attest:
)S1-14;41aN461.._ AkAr.:(444--
Dolonna Mecum, City Clerk Hamid Ahmed, Director
Page 6 of 6
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q94/110.1 F �ln/K-L c9 .
Office of the Mayor
150 DEXTER COURT
ELGIN, ILLINOIS 60120
Kevin Kelly 847/931-5595
MAYOR April 29, 1998 Fax 847/931-5610
Mr. Mohammad A. Saleem
Mr. Hamid Ahmed
Islamic Institute of Education
1048 Bluff City Boulevard
Elgin, IL 60120
Gentlemen:
Your attendance at the Elgin City Council' s April 22 meeting
was appreciated. Following your presentation, the City Council
voted unanimously to confirm our existing position on the
cemetery plot sales .
The City of Elgin' s price for the first 350 plots is $360
each with the remaining plots at $300 each. This price is
contingent on the entire balance being paid within 24 months . If
additional payment time is required, the price will increase . We
hope you will reconsider your offer.
Best wishes for the continued success of the Islamic
Institute of Education. I look forward to hearing from you
regarding this or any other issue of importance in the future .
Sincerely,
X//' ;4:—
Kevin Kelly
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4'gttD FV0
Office of the Mayor
150 DEXTER COURT
ELGIN, ILLINOIS 60120
Kevin Kelly 847/931-5595
MAYOR April 1, 1998 Fax 847/931-5610
Mr. Mohammad A. Saleem
Mr. Hamid Ahmed
Islamic Institute of Education
1048 Bluff City Boulevard
Elgin, IL 60120
Gentlemen:
Thank you for your continued interest in purchasing burial
plots in Bluff City Cemetery. We value the Institute of Islamic
Education' s investment in Elgin and look forward to your
continued success.
Ood
At the April 22 Elgin City Counci ell= ing, I will share
your offer to purchase 2, 626 plots at $3 '0 each with payment
spread over a seven year period. Foll.wint this discussion, we
will have an idea whether the City will accept your offer. I
invite you to participate in the meeting; which will be held in
the City Council Chambers at City Hall beginning at 6 : 00 p.m.
Please feel free to contact me if you any have questions.
Your commitment to the Elgin community is greatly appreciated.
Sincerely,
Kevin Kelly
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c: Jim Nowicki
bc: s P...L-
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0004
Airm Ivo
Office of the Mayor
• 150 DEXTER COURT
ELGIN, ILLINOIS 60120
Kevin Kelly 847/931-5595
MAYOR Fax 847/931-5610
February 2, 1998
,...
Mr. Hamid Ahmed (,.* 4.'92"
Institute of Islamic Education ��. �1 '- Aco,
1048 Bluff City Blvd. ova °4f-6/-- `-$4-4-"/-Elgin, IL 60120 .}
Dear Mr. Ahmed:
J r.
Thank you for your interest in buying cemetery plots in the
Bluff City Cemetery. We appreciate your organization' s interest
in this opportunity.
Following our meeting, I discussed your proposal with our
staff. They have assured me that the price being offered by the
City is more competitive than past transactions with other
parties because of the number of cemetery plots you are willing
to purchase. We believe it would be unfair to other purchasers
of cemetery plots to lower our price further.
Please feel free to contact me if you have additional
questions regarding this matter. We look forward to successfully
concluding your purchase of cemetery lots in the Bluff City
Cemetery.
Sincerely,
Kevin Kelly
KK:dw
•
ROM:CTY OF ELGIN FINANCE 7089315622 TO:7084283307 PAGE:02
C
CEMETERY CALLUCATIONS
ISLAMIC INSTITUTION
I I I Z`IgS i1 °
o up" I
350 LOTS AT $360 = $126,080 -5° °,
820 LOTS AT $300 = 246,000 °
1456 LOTS AT $300 = 436,800
2626 LOTS $808,800 to'
Y
1"1 54
DIVIDE BY 7 YEARS = $115,542.86 / YEAR � , .=d
X 2 YEARS `Z3z_3432-
$231,085.72 6
aw ROUND TO $231,800.00 $808,800
DI VIDE BY 2 - 231,800
$115,900.00 $577,000
PRIME INTEREST RATE = 8 '/z %
1 PT BELOW PRIME = 7 1/2% OR .075
$577,000
X .075
$ 43,275
$577,000 $ 43,275
115,400* • 34,620
$461,600 25,965
X .075 17,310
$ 34,620 8,655
$129,825
* ASSUMES $115,400 / YEAR IS PAID
,OM:CTY OF ELGIN FINANCE 7089315622 TO:7084283307 PAGE:03
$461,600
115,400
$346,200 $577,000=
X .075 129,825
$ 25,965 $706,825
DIVIDED By 5 YRS
$14.1,365
$346,200
115,400
$230,800
X .075
$ 17,310 YEAR 1 $115,900
2 115,900
3 141,365
4 141,365
5 141,365
6 141,365
7 141,365,
$938,625
$938,625 DIVIDED BY 2626 = $ 357.44 / SPACE
$938,625 DIVIDED .BY 2800 = $335.22 / SPACE
$938,625 DIVIDED BY 7 YEARS = $134,090
r
OF ECC;
PCity of Elgin
7 Mayor
Kevin Kelly
j 7 n Fib Council Members
Terry Gavin
Robert Gilliam
T.
November 25, 1997 \ �� John Ed vitt Schenck
John Walters
rlr � Marie Yearman
TO: Robert O. Malin, Interim City Manager
FROM: James R. Nowicki,Finance Director
SUBJECT: Cemetery Lot Sales-Institute of Islamic Education
Representatives from the Institute of Islamic Education have approached the City indicating their
interest in purchasing as many as 1100 cemetery lots in Bluff City Cemetery. As a point of
reference, we just completed the negotiations with Congregation Kneseth Israel on the sale of 350
lots.
• Tun Quinn, the Cemetery Supervisor, and I have met with Hamid Ahmed and Mohammad
Abdullah Saleem of the Institute to obtain a better understanding of the burial issues associated
with the Muslim religion as well as begin to discuss sale prices and terms. We will continue to
negotiate on behalf of the City(as we did with Congregation Kneseth Israel)in an attempt to
close this matter before the end of the calendar year.
We will keep you informed as our discussions progress. If you have any questions, please let me
know.
•
•
• 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616
. .
•
H
5 44
• INSTITUTE OF ISLAMIC EDUCATION
1048 Bluff City Boulevard Ph: (847)695-4685
Elgin, IL. 60120. USA Fax: (847)695-4806
March 13, 1998
•
Mayor Kevin Kelly
150 Dexter Ct.
Elgin, IL. 60120
Dear Honorable Mayor Kelly,
Thank you for your letter dated 2-2-98. After our conversation on the telephone,
we discussed your letter with our members at1.1.E., we all feel that the price for all
2,226 lots should be the same, (i.e. $ 300/per lot) Since we are buying the whole
two sections and not just 300 lots at a time.
Due to our religious restriction we can not apply for a bank loan, we are not
allowed to take or give interest so we are humbly requesting you to spread the
payments over a seven-year period.
The Elgin City, the Board, and you have always been very understanding,
cooperative, and helpful to this institute and we are very grateful and thankful.We
also hope that the council will approve our proposal and oblige us once again.
Thank you,
Sincerely,
WI
Mohammad A. Saleem Hamid Ahmed
r