17-128 Resolution No. 17-128
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT TO
REAL ESTATE AGREEMENT WITH COLUMBINE HOMEOWNERS
ASSOCIATION FOR THE REMOVAL AND INSTALLATION OF STOP SIGNS
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 Amendment to Real Estate Agreement on behalf of the City of Elgin with
Columbine Homeowners Association for the removal and installation of stop signs, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain; Mayor
Presented: September 27, 2017
Adopted: September 27, 2017
Vote: Yeas: 8 Nays: 0 Abstain: 1
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT TO REAL ESTATE AGREEMENT
This Amendment to Real Estate Agreement ("Amendment Agreement") is made and
entered into this 27 day of September ,2017,by and between the City of Elgin,
Illinois,an Illinois municipal corporation(hereinafter referred to as the "City") and the Columbine
Homeowners Association, an Illinois not-for-profit corporation, organized and existing under the
laws of the State of Illinois (hereinafter referred to as the "Association").
WHEREAS, the City and the Association previously entered into a real estate agreement
dated May 23, 2017 (hereinafter referred to as the "Subject Agreement"); and
WHEREAS, Section 26(g) of the Subject Agreement provides for the City to adopt
ordinances and provide for the installation of all way stop signs at three intersections in the
Columbine Subdivision consisting of Columbine Drive and Fox Glove Court; Columbine Drive
and Sweet Clover Court; and Columbine Drive and Mountain Laurel Court; and
WHEREAS, the Association has requested and the City has agreed to amend the Subject
Agreement to provide for the deletion of the requirement of the north and south stop signs at the
intersection of Columbine Drive and Mountain Laurel Court and the north and south stop signs at
the intersection of Columbine Drive and Fox Glove Court and for the removal of such stop signs,
and to add additional stop signs for northbound and southbound Red Barn Lane at the intersection
of Sweet Clover Court.
NOW THEREFORE, for and in consideration of the mutual undertakings as set forth in
the Subject Agreement, and mutual undertakings set forth in this Amendment Agreement, and.
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. At Section 26(g) of the Subject Agreement is hereby amended to read as follows:
"The City agrees to adopt ordinances and to provide for the installation of stop signs
at the following intersections in the Columbine Subdivision: stop signs for
northbound and southbound Red Barn Lane at the intersection of Sweet Clover
Court; all way stop signs at the intersection of Columbine Drive and Sweet Clover
Court; a stop sign for westbound Mountain Laurel Court at Columbine Drive; and
a stop sign for westbound Fox Glove Court at Columbine Drive."
2. That for the purpose of clarification, as a result of the foregoing amendment to Section
26(g)of the Subject Agreement, it is agreed and understood that the City will be providing for the
removal of the previously agreed to two (2) north and south facing stop signs for northbound and
southbound Columbine Drive at Mountain Laurel Court, and the removal of the two(2)north and
south facing stop signs for northbound and southbound Columbine Drive at Fox Glove Court.
3. That 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.
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4. That as except as amended in this Amendment Agreement, the Subject Agreement shall
otherwise remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Amendment Agreement as of the date near first written above.
CITY OF ELGIN COLUMBINE HOMEOWNERS
ASSOCIATION
By: By:
David J. Kaptafh, Ma6or
Its:
A e Attest:
Its: ` C
Kimberly Dewis, Ca Cler
FALegal Dept\Real Estat6RE-Contract-Columbine-Lot 119-Amendment 8-22-17.docx
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