08-91Resolution No. 08 -91
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO DEVELOPMENT
AGREEMENT WITH RANDALL 90, LLC, HEATH 79, LLC, SWC RAND & WILLOW LLC,
AND WOLF & LARAWAY LLC FOR THE DEVELOPMENT OF AN AUTO MALL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute a First Amendment to Development Agreement on behalf of the City of Elgin with Randall
90, LLC, Heath 79, LLC, SWC Rand & Willow LLC and Wolf & Laraway LLC for the development
of an auto mall, a copy of which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: March 26, 2008
Adopted: March 26, 2008
Omnibus Vote: Yeas: 4 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
FIRST .1,MENDMENT TO DEVELOPMENT AGREEMENT
The First Ariendment, dated as of this _,g5 day of February, 2008, by and among
the City of Elgin, ar Illinois municipal corporation (hereinafter referred to as the "City ")
and Randall 90, LLI'., an Illinois limited liability company ( "Randall 90 "), Heath 79,
LLC, an Illinois limited liability company, SWC rand & Willow, LLC, an Illinois limited
liability company ( "SWC ") and Wolf & Laraway, LLC, an Illinois limited liability
company ( "Wolf' m ith Randall 90, Heath, SWC and Wolf being hereinafter collectively
called the "Owners').
WHEREAS on and as of December 5, 2007, the City and Randall 90 did enter
into a certain Devel )pment Agreement bearing said date (the "Development Agreement ")
pursuant to City Re;;olution #07 -296; and
WHEREAS the Development Agreement recited that Randall 90 was the owner
of the approximate 37 acre Subject Property (as defined in the Development Agreement);
and
WHEREAS all of the Owners, collectively, were, and still are, the owners in fee
simple of the Subjet:t Property, as tenants in common; and
WHEREAS Randall 90 was, and still is, the duly authorized agent of all of the
Owners for purposes of executing and entering into the Development Agreement;
NOW, THE?EFORE, the undersigned hereby acknowledge and agree that the
Development Agrel ment is, and shall be deemed to be an agreement between the City, on
the one hand, and tl e Owners, on the other hand, with Randall 90 being the duly
authorized agent an l representative of all of Owners for purposes of the said
Development Agreement.
[signature pages fol low]
C: \Documents and Settings` jbochenski\Local Settings\Temporary Internet Files \OLKA\FIRST AMENDMENT TO
DEVELOPMENT AOREEN ENTAm
Dated as of the A'—J�day of February, 2008
City of Elgin,
a municipal corporation
.<'m) � .
Attest
Diane Robertson, City Clerk
Randall 90, LLC
an Illinois limited liability company
By: A-ce,
—
SWC Rand & Willow, LLC
an Illinois limited 1. ability company
By: � X2,�
Heath 79, LLC
an Illinois limited liability company
Wolf & Laraway, LLC
an Illinois limited liability company
By: A,A a��
C: \Da- uments and Settings jbochenski \Local Settings\Tempa-ay Internet Files \OLKA \FIRST AMENDMENT TO
DEVELOPMENT AGREEN [ENT.doe