G9-17 Ordinance No. G9-17
AN ORDINANCE
AUTHORIZING EXECUTION OF AN AMENDMENT TO CONTRACT
FOR PURCHASE AND SALE WITH ST. JOSEPH CHURCH
REGARDING THE SALE OF 115-121 CENTER STREET
BE IT ORDAINED 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 a Contract for Purchase and Sale on behalf of the City of Elgin
with St.Joseph Church regarding the City's sale and conveyance of the property commonly known as
115-121 Center Street, a copy of which is attached hereto and made a part hereof by reference.
David J. K tain, ayor
Presented: March 11, 2017
Passed March 11, 2017
Vote: Yeas: 7 Nays: 1 Abstain: 1
Recorded: March 11, 2017 F �,
Published: March 13, 2017
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Me,st: ,
Kimberly De , City Clerk
AMENDMENT TO CONTRACT FOR PURCHASE AND SALE
6RFiRG� THIS AMENDMENT AGREEMENT is made and entered into as of the _ \&�h day of
Feb, 2017, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter
referred to as "Seller "), and St. Joseph Church, an Illinois Religious corporation, (hereinafter
referred to as "Buyer ").
WITNESSETH:
WHEREAS the Seller and Buyer entered into a contract for purchase and sale as of
December 21, 2016, wherein Seller agreed to sell to Buyer the premises commonly known as 115-
121 Center Street, Elgin, Illinois 60120 (such property is hereinafter referred to as the "Premises"
and such contract is hereinafter referred to as the "Subject Contract "); and
WHEREAS, the Premises consists of Lots 7 and 8 of P. J. Kimball's Junior Addition to
Elgin, in the City of Elgin, Kane County, Illinois; and
WHEREAS, Exhibit A to the Subject Contract which was to provide for the legal
description for the Premises contains a scrivener's error whereby the reference to Lot 7 was
inadvertently omitted; and
WHEREAS, the parties wish to amend the Subject Contract to include Lot 7 within the
legal description of the Premises; and
WHEREAS, the Buyer had encountered delays in completing the survey of the Premises
and a Phase I Environmental Assessment of the Premises; and
WHEREAS, the Buyer has requested and Seller has agreed to extend certain contingency
dates in the Subject Contract.
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth herein,
and the mutual undertakings set forth in the Subject Contract, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto
agree as follows:
1. That the Subject Contract is hereby amended as follows:
A. That Exhibit A to the Subject Contract is hereby amended by amending the legal
description therein to read as follows:
"Lots 7 and 8 of P. J. Kimball's Junior Addition to Elgin, in the City
of Elgin, Kane County, Illinois."
B. That Section 5B is hereby amended by amending the date by which Buyer shall
submit a complete zoning application from April 1, 2017 to July 1, 2017.
C. That Section 5 is hereby further amended by amending the date in the last paragraph
on page two of July 30, 2017 to October 31, 2017.
D. That Section 10 is hereby amended by adding to the listing of "Permitted
Exceptions" therein the additional permitted exception as follows:
"Terms and provisions of grant for electric and telephone line
document number 1757567 recorded February 5, 1986, affects
Southerly 10 feet of Lot 7. The Seller shall assign such non-
exclusive license for electric and telephone line to the Buyer at
closing. Alternatively at Buyer's written request, Seller agrees to
terminate said grant of non - exclusive license for electric and
telephone line pursuant to the terms thereof provided the Due
Diligence Period or Extended Due Diligence Period has expired and
Buyer has not terminated the Contract and is obligated to close on
the purchase of the Premises."
2. That in the event of any conflict between the terms of the Subject Contract and the
terms of this Amendment Agreement, the terms of this Amendment Agreement shall supersede
and control.
3. That except as expressly amended herein, the Subject Contract shall remain in full
force and effect.
BUYER:
SELLER:
ST. JOSEPH CHURCH, CITY OF ELGIN, an Illinois
an Illinois Religious corporation, municipal corporation, 7
By: By:
Glen L. Nelson David J. aptail
Its: Vice President Its: Mayor
Z A
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City Cl r
FALegal DeptlReal Estate\RE Contract -115 -121 Center -St Joseph- Amendment 2- 28- 17.docx
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