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HomeMy WebLinkAboutRESOLUTION - 51-98 - 11/17/1998 - AMENDMENT TO ANNEX. AGMTRESOLUTION NO. 51-98 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN AMENDMENT TO THE ANNEXATION AGREEMENT BETWEEN ELK GROVE VILLAGE AND MANORCARE HEALTH SERVICES, INC. (1920 NERGE ROAD) NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President be and is hereby authorized to sign the attached documents marked: FIRST AMENDMENT OF THE ANNEXATION AGREEMENTS BETWEEN VILLAGE OF ELK GROVE VILLAGE AND bLANORCARE HEALTH SERVICES, INC. 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 Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. ATTEST: VOTE: AYES: 6 NAYS: 0 ASSENT: 0 PASSED this 17th day of November —, 1998. APPROVED this 17th day of November 1 1998. Patricia S. Smith Village Clerk I ,raig B. Johnson Village President reso602PMANORCARE.doc FIRST AMENDMENT OF THE ANNEXATION AGREEMENTS BETWEEN VILLAGE OF ELK GROVE VILLAGE AND MANORCARE HEALTH SERVICES, INC. This Agreement made and entered into this 17tb day of November, 1998 by and between the Village of Elk Grove Village and Manorcare Health Services, Inc. (Owner) WHEREAS, pursuant to Elk Grove Village Ordinance No. 1820, Ordinance No. 2379 and Ordinance No. 2584, three contiguous parcels of real estate located at 1920 Nerge Road and on property adjacent thereto, were annexed to the Village and are now consolidated into one lot of record which property is legally described on EXHIBIT A attached hereto; and WHEREAS, pursuant to said Ordinances together with the Annexation Agreement dated July 12, 1994 and Annexation Agreement dated August 12, 1997, by and between the parties hereto, which agreements were approved by Resolution No. 36-94 and Resolution No. 37-97 respectively, the Owner was permitted to construct a 120 -Bed Nursing Home, a 56 -Bed Alzheimer Care Facility, a 60 -Bed addition to the original Nursing Home, and a 101 Unit/ 109 -Bed Assisted Living Facility on said property; and WHEREAS, the Owner has requested an Amendment to the Annexation Agreements to permit the construction of a 10 -Bed addition to the Nursing Home and an Amendment to the Special use Permits relating thereto; NOW, THEREFORE it is hereby agreed by and between the Village of Elk Grove Village and the Owner that the Annexation Agreement dated July 12, 1994 and the Annexation Agreement dated August 12, 1997 by and between the parties is hereby amended by this First Amendment to said Agreements as follows: 1. All references in each of the above Annexation Agreements to the total number of permitted beds in the Nursing Home shall be changed to 190/Beds. 2. That the term of the Annexation Agreement dated July 12, 1994 shall be amended so that said Agreement shall terminate on August 12, 2007. 3. That the site plans referred to in the original Agreements shall be amended so that said property shall be developed in accordance with the site plan dated June 25, 1998 with a latest revision date of November 4, 1998. 4. The remaining provisions of each of the Annexation Agreements shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed on the 17 th day of November, 1998. VILLAGE OF ELK GROVE VILLAGE, a municipal Corporation of the Counties of Cook and DuPage Illinois, By: Craig B. Johnson ATTEST: Patricia S. Smith Village Clerk MANORCARE HEALTH SERVICES, INC. to ATTEST: Secretary ordmanoreare.doc STATE OF ILLINOIS )SS COUNTY OF Cook 1, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Craig B. Johnson personally known to me to be the Village President of the Village of Elk Grove Village, a municipal corporation of the County of Cook State of Illinois, and Patricia S. Smith personally known to me to be the Village Clerk of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such yl g. Pr s. and Village Clerk, they signed and delivered the said instrument as - Village President and village Clerk, pursuant to authority, given by the Village Board of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. 1=13 Given under my hand and official seal this 17th day of November Patricia Droschak Notary Public Commission expires 11 /7 , 2001 STATE OF MARYLAND )SS COUNTY OF I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that personally known to me to be the President of MANORCARE HEALTH SERVICES, INC., a Delaware corporation, and personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, pursuant to authority, given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. M Given under my hand and official this day of Notary Public Commission expires on EXHIBIT A LEGAL DESCRIPTION OF INCORPORATED PROPERTY LOT 1 OF THE SPRINGHOUSE SUBDIVISION BEING A RESUBDIVISION OF AMERICANA RESUBDIVISION AND PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.