11-82 Resolution No. 11-82
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT
REGARDING CERTAIN PUBLIC IMPROVEMENTS IN
WEST POINT GARDENS SUBDIVISION
(PHASE 1)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized
and directed to execute an amendment to agreement with Nesler & Lake-Lots, LLC and West
Point Gardens Single Family Homes, LLC on behalf of the City of Elgin regarding certain public
improvements in West Point Gardens Subdivision (Phase I), a copy of which is attached hereto
and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 27, 2011
Adopted: April 27, 2011
Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AMENDMENT TO AGREEMENT
REGARDING CERTAIN PUBLIC IMPROVEMENTS IN
WEST POINT GARDENS SUBDIVISION
(PHASE I)
This Amendment Agreement ("Amendment Agreement") is made and entered into this
27th day of April 2011, by and among Nesler & Lake - Lots, LLC, an Illinois limited liability
company ("Developer"), West Point Gardens Single Family Homes LLC, an Illinois limited
liability company ("West Point Gardens"), and the City of Elgin, an Illinois municipal
corporation(the "City").
WHEREAS, the Developer is the owner of the West Point Gardens Subdivision in the
City of Elgin, Illinois ("Subject Property"); and
WHEREAS, the Developer and the City previously entered into an agreement regarding
certain public improvements in West Point Gardens Subdivision Phase I dated January 12, 2011
(the"Subject Agreement"); and
WHEREAS, the Subject Agreement relates to the Developer completing the public
improvements in Phase I of the Subject Property and the City's acceptance of such public
improvements in Phase I of the Subject Property; and
WHEREAS, West Point Gardens is building homes within Phase I of the Subject
Property and has requested that the Developer and the City agree to allow West Point Gardens to
continue to maintain the existing sales office on a portion of Tulip Court in Phase I of the Subject
Property, for an additional period of time to allow West Point Gardens to use such sales office to
sell homes within the Subject Property.
NOW, THEREFORE, in consideration of the mutual covenants provided for herein, and
in consideration of the mutual undertakings set forth in the Subject Agreement, and other good
and valuable consideration, the receipt and sufficiency of which is mutually acknowledged, the
parties hereto hereby agree as follows:
1. The Subject Agreement is hereby amended by adding as an additional party
thereto West Point Gardens Single Family Homes LLC, an Illinois limited
liability company("West Point Gardens").
2. Paragraph 1 of the Subject Agreement is hereby amended by amending the last
sentence thereof to read as follows:
"Notwithstanding the foregoing, or anything else to the contrary in this
Agreement, the City's acceptance of such Phase I public improvements shall not
include acceptance of the portion of Tulip Court located west of the alley and east
of Garden Drive (the "Subject Portion of Tulip Court"). Upon the entry into this
Amendment Agreement, Developer shall convey to West Point Gardens
ownership of the sales office currently located on the Subject Portion of Tulip
Court (the "Transfer"). West Point Gardens shall be solely responsible for (i) the
removal of the sales office on the Subject Portion of Tulip Court at its cost and (ii)
the completion of the improvements to the Subject Portion of Tulip Court at its
sole cost and expense. West Point Gardens and the City agree that in no event
whatsoever shall Developer have any liability or obligation in connection with
removal of the sales office on the Subject Portion of Tulip Court or the
completion of the improvements to the Subject Portion of Tulip Court following
the Transfer, except for the deposit of the bond as set forth in subparagraph 4(e)
below. West Point Gardens shall complete the removal of the sales office and
complete the improvements to the Subject Portion of Tulip Court no later than the
occurrence of the earlier of (i) 100% of the dwelling units within the Subject
Property having been issued temporary or permanent occupancy permits, or (ii)
the tenth anniversary of the Subject Agreement. Upon the removal of the sales
office on the Subject Portion of Tulip Court and the completion of the
improvements to the Subject Portion of Tulip Court, the City shall, by appropriate
resolution of the City Council, accept the public improvements to the Subject
Portion of Tulip Court."
3. Paragraph 4 of the Subject Agreement is hereby amended by adding an additional
subparagraph (e) thereof to read as follows:
"(e) An amount of Thirty-Five Thousand Nine Hundred and Fifty Dollars and
19 cents ($35,950.19) for the demolition of the current sales office on Tulip Court
and the completion of the improvements to the Subject Portion of Tulip Court."
4. Paragraph 5(e) of the Subject Agreement is hereby amended by adding the
following additional notice information for West Point Gardens:
"To West Point Gardens: Pat Curran
West Point Gardens Single Family Homes LLC
c/o West Point Builders & Developers, Inc.
120 E. Ogden Avenue
Suite 101
Hinsdale, IL 60521"
5. The terms as utilized in this Amendment Agreement shall be defined as provided
for in the Subject Agreement or in this Amendment Agreement.
6. In the event of any conflict between the terms of this Amendment Agreement and
the Subject Agreement, the terms of this Amendment Agreement shall supersede
and control.
7. Except as specifically amended in this Amendment Agreement, the terms of the
Subject Agreement shall remain in full force and effect.
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IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Amendment Agreement as of the date first written above.
CITY OF ELGIN ATTEST:
By: -
Mayor City Clerk
NESS ER & LAKE - LOTS, C
By: I (
Name rint: ij,"Agtl-
Its: DLL ;I' 6_IT2
WEST POINT GARDENS SINGLE FAMILY HOMES LLC
By:
Name/Prin : , u ,
Its: 4
F:\Legal Dept\Agreement\Amendment Agreement-West Point Gardens-clean 4-2[-1 Ldoc
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