13-112 Resolution No. 13-112
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT FOR SALE OF
REAL PROPERTY BETWEEN THE STATE OF ILLINOIS AND THE CITY OF ELGIN
FOR 750 S. STATE STREET, ELGIN, ILLINOIS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Amendment to Agreement for Sale of Real Property on behalf of the
City of Elgin with the State of Illinois, acting by and through its Department of Central
Management Services, for the property commonly known as a portion of the Elgin Mental
Health Center located at 750 S. State Street, Elgin, a copy of which is attached hereto and made a
part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: July 10, 2013
Adopted: July 10, 2013
Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
i
AMENDMENT TO AGREEMENT FOR SALE OF REAL PROPERTY
This Amendment Agreement is made and entered into this 10th day of
.Tilly 2013, by and between the State of Illinois, acting by and through its
Department of Central Management Services, 719 Stratton Office.Building, Springfield, Illinois,
(hereinafter referred to as the "State/CMS"), and the City of Elgin, a municipal corporation, 150
Dexter Court, Elgin, Illinois, (hereinafter referred to as the"City").
For and in consideration of Ten Dollars ($10.00), and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the State/CMS and
the City hereby agree as follows:
1. That the Agreement For Sale of Real Property dated June 18, 2004, by and
between the State of Illinois, acting by and through its Department of Central Management
Services, and the City of Elgin,.relating to the Property commonly known as 750 S. State Street,
Elgin, Kane County, Illinois (hereinafter referred to as the "Subject Agreement"), be and is
hereby amended by deleting and repealing from the Subject Agreement the entirety of Section
Ten thereof entitled "Restrictions on Utilization of Property", and by deleting any option by the
State /CMS to repurchase the Property, it being agreed that any and all of such provisions in the
Subject Agreement are null and void-and of no further effect.
2. That in the event-of any conflict between the terms of this Amendment
Agreement and the terms of the Subject Agreement, the terms of this Amendment Agreement
shall supersede and control.
3. This Amendment Agreement may be executed and delivered in any number of..
counter-parts, each of which so executed and delivered shall be deemed an original and all of
which will constitute one and the same instrument. For the purposes of the original delivery of -
this Amendment Agreement a signed counter-part transmitted by facsimile transmission or
e-mail shall be treated in all manners and respects as an original document and shall be
considered to have the same binding legal effect as the original document. At the request of
either party original executed copies of this Amendment Agreement shall be delivered in
counter-parts in original form.
IN WITNESS WHEREOF, the parties have executed this Amendment Agreement on the
date first written above.
CITY OF E IN STATE OF ILLINOIS, BY ITS
DEPARTMENT OF CENTRAL
By: MANAGEMENT SERVICES
Mayor
By:
Title:
A -
City Clerk
f lepl depAreal estateVe-sales contract-750 s state-amendment-clean-7-2-13.docx