HomeMy WebLinkAboutRESOLUTION - 16-97 - 3/25/1997 - AGREEMENT/DOMINICK'S FINER FOODS INCRESOLUTION NO. 16-97
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND DOMINICK'S FINER FOODS, INC.
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:
AGREEMENT
DOMINICK'S FINER FOODS, 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
ABSENT: 0
PASSED this
25th
day of
March 1997.
APPROVED this
25th
day of
March 1997.
Patricia S. Smith
Village Clerk
Dennis J. Gallitano
Village President
AGREEMENT
This Agreement made this 25 day of March, 1997 by and between the Village of Elk
Grove, Illinois, an Illinois municipal corporation (the "Village") and Dominicks Finer Foods,
Inc., a Delaware Corporation ("Dominicks").
WITNESSETH:
WHEREAS, pursuant to that certain Redevelopment Agreement of even date herewith
between Elk Grove Town Center, L.L.C. (the "Developer") and the Village, the Developer is
constructing a retail shopping complex on the southwest corner of Biesterfield and Arlington
Heights Roads in Elk Grove Village, Illinois (the "Shopping Center"); and
WHEREAS, pursuant to that certain Shopping Center Lease between the Developer
and Dominicks (the "Lease"), Dominicks will construct, equip and occupy a grocery store at
the Shopping Center; and
WHEREAS, Dominicks desires a traffic signal (The "Traffic Signal") at the main
entrance to the Shopping Center from Arlington Heights Road and the Village has not yet
determined the necessity for such light.
NOW, THEREFORE, in consideration of the mutual convenants and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows;
1. Determination of Necessity. Dominicks shall prepare and provide the Village
with a traffic study prepared by an independent traffic engineer, to the specifications of the
Village, concerning the need for the Traffic Signal. If the Study concludes the signal is
justified, the Village shall determine whether the warrants, as depicted in the study are
confirmed by actual traffic counts taken subsequent to the date Dominicks has commenced
business, said determination to be made no later than three months from such commencement
date.
2. Application for Approval. In the event that the Village approves installation of
the Traffic Signal, Dominicks (and/or Developer, as necessary) shall apply to the governmental
authority which controls Arlington Heights Road for the Traffic Signal and the Village shall
cooperate with Dominicks in such application, including notifying such authority that the
Village has approved and is requesting authority for installation of the Traffic Signal.
3. Installation Costs. In the event that the Traffic Signal is authorized by the
appropriate governmental authority, Dominicks (and/or Developer) shall install the Traffic
Signal and the costs thereof shall be shared equally by Dominicks and the Village, with the
Village paying its share in accordance with the contract for such installation.
IN WITNESS WHEREOF, the parties hereto have set their hands as of the day and
date first written above.
VILLAGE OF ELK GROVE VILLAGE, an Illinois
municipal corporation
By: Dennis J
Its President
ATTEST:
Patricia S. Smith
Clerk
Gallitano
DOMINICKS FINER FOODS, INC., A
Delaware corporation
0
ATTEST:
its
its