HomeMy WebLinkAboutRESOLUTION - 13-04 - 3/9/2004 - MEMORANDUM OF UNDERSTANDINGRESOLUTION NO. 13-04
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE VILLAGE
OF ELK GROVE VILLAGE, ALEXIAN BROTHERS HEALTH SYSTEM AND ELK
GROVE VILLAGE SLF ASSOCIATES L.P. FOR THE PURPOSE OF
ESTABLISHING AN IMPACT FEE TO BE PAID TO THE VILLAGE OF ELK GROVE
VILLAGE AS A RESULT OF THE ANNEXATION AND DEVELOPMENT OF
CERTAIN PROPERTY IN THE VILLAGE
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of
the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as
follows:
Section 1: That the Mayor be and is hereby authorized to sign the attached
documents marked:
Memorandum of Understanding
a copy of which is attached hereto and made a part hereof as if fully set forth and the
Village Clerk is authorized to attest said documents upon the signature of the Mayor.
Section 2: That this Resolution shall be in full force and effect from and after
its passage and approval according to law.
VOTE. AYES: 4 NAYS: 0 ABSENT. 2
PASSED this 9h day of March 2004
APPROVED this 9th day of March 2004
ATTEST.
Ann I. Walsh, Village Clerk
APPROVED:
Craig B. Johnson, Mayor
ResLtrotUndersdAlexianimpactleer. doc
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, dated this 9"' day of March, 2004, by and
between the Village of Elk Grove Village ("Village") and Alexian Brothers Health
System ("Alexian") and Elk Grove Village SLF Associates, L.P. ("SLF") (Alexian and
SLF Collectively referred to as "Applicants") for the purpose of establishing an impact
fee to be paid to the Village as a result of the annexation and development of certain
property in the Village.
RECITALS
WHEREAS, the Property legally described on Exhibit A, attached hereto and
incorporated herein, was annexed to the Village prior to July 23, 2001; and
WHEREAS, prior to July 23, 2001, the Property was owned by Alexian, and
thereafter, a portion of that Property was sold to SLF; and
WHEREAS, currently SLF owns 30% of the Property and Alexian owns the
remaining 70% of the Property; and
WHEREAS, the Applicants intend to develop a supportive living facility for the
elderly ("Facility") on a portion of the Property, which development will have an impact
on the surrounding roadways, facilities, sewers and other Village services; and
WHEREAS, the Village has issued permits to Applicants for the construction of
the Facility subject to the condition that certain Facility related impact improvements be
frilly constructed prior to the occupancy of the Facility; and
WHEREAS, the cost of said off-site improvements, the contracts for which will
be awarded by the Village, and any engineering fees and costs and permit fees associated
therewith, together with a 10% administrative sur -charge shall be the amount of the
Impact Fee herein required.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the parties hereto, the parties do hereby agree as follows:
1. The foregoing recitals are incorporated herein.
2. On or about April 3, 2004, the Village will submit an invoice to the Applicants for
the Impact Fee as established and set forth above.
3. The Impact Fee shall be paid by the Applicants, pro -rated according to ownership
percentages as set forth above. Applicants shall pay the Impact Fee on or before
April 30, 2004. Failure to pay the Impact Fee by said date will result in the
issuance of a stop work order by the Village for any and all construction on the
property. The Applicants agree that all work on the property will immediately
terminate and continue in abeyance until such time the as the Impact Fee is paid
in frill to the Village.
4. This MOU is the entire agreement of the parties with respect to the Impact Fee
and the construction of the designated off-site improvements. All other
agreements by and between the parties hereto shall remain in full force and effect.
5. This MOU shall become effective immediately upon its execution by the parties
hereto.
IN WITNESS WHEREOF, the parties have executed this MOU as of the date first
above written.
For the Village:
Craig B. Johnson
Craig B. Johnson
Mayor
For the Applicants:
Elk Grove Village SLF Associates, L.P.
Name
Title
Alexian Brothers Health System
Name
Title
Attest:
Ann I. Walsh
Ann I Walsh
Village Clerk