HomeMy WebLinkAboutRESOLUTION - 51-92 - 7/28/1992 - SPAGHETTI WAREHOUSERESOLUTION NO. 51-92
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK
TO EXECUTE A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND SPAGHETTI
WAREHOUSE INC. (CONTRACT PURCHASER OF SUBSEQUENT OWNER OF
RECORD OF LA QUINTA MOTOR INNS, INC-)
WHEREAS, SPAGHETTI WAREHOUSE, INC. is the Contract Purchaser
from Red Robin International, Inc., the subsequent owner of record
of a portion of property which was subject to an Annexation Agree-
ment dated June 12, 1984 and approved by Resolution No. 46-84
adopted and approved on the 12th day of June, 1984; and
WHEREAS, SPAGHETTI WAREHOUSE, INC. has requested an amend-
ment to said Annexation Agreement by the adoption of an amendment
to the original site plan which would permit a 9,600 square foot
restaurant with 119 parking spaces on the portion of the site
plan designated Restaurant #2; and
WHEREAS, the Plan Commission of the Village of Elk Grove
Village at a public meeting duly held and called according to
law considered the question of amending the Annexation Agreement
as above stated; and
WHEREAS, the President and Board of Trustees of the Village
of Elk Grove Village after having considered the recommendation
and finding of said Plan Commission and subsequent to a public
hearing before said President and Board of Trustees concerning
the Amendment to the Annexation Agreement find and believe it
to be in the best interest of the Village that the Annexation
Agreement be amended in accordance with the recommendation and
finding of said Plan Commission.
NOW, THEREFORE BE IT RESOLVED by the President and Board of
Trustees of the Village of Elk Grove Village, Counties of Cook
and DuPage, Illinois as follows:
Section 1: That the Village President be and is hereby au-
thorized to sign the attached document marked First Amendment to
Annexation Agreement, a copy of which is attached hereto and made
a part hereof, 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.
VOTE: AYES: 4 NAYS: 0 ABSENT: 2 -
PASSED this 28th day of July 1992.
APPROVED this 28th day of July 1992.
ATTEST:
Patricia S. Smith
Village Clerk
-2-
Charles J. Zettek
Village President
FIRST AMENDMENT TO ANNEXATION AGREEMENT
This AMENDATORY AGREEMENT, made and entered into tbi, 28th
day of 1992 by and between the VILLAGE OF
ELK GROVE VILLAGE, an Illinois Municipal Corporation, and SPAGHETTI
WAREHOUSE, INC., Contract Purchaser from Red Robin International,
Inc., subsequent owner of record to the initial Annexation Agree-
ment.
W I T N E S S E T H
WHEREAS, the subject property of this Amendment to an Annexa-
tion Agreement was originally annexed pursuant to an Annexation
Agreement dated June 12, 1984, said Agreement requiring the develop-
ment of a portion of the annexed property as a restaurant, 7,600
square feet in size with 120 parking stalls; and
WHEREAS, Contract Purchaser is requesting a modification of
the site plan to permit a 9,600 square foot restaurant with 119
parking spaces; and
WHEREAS, the President and Board of Trustees after having re-
viewed the recommendation of the Plan Commission find and believe
that the Amendment to the Annexation Agreement providing for an
amendment to the original site plan is in the best interest of
the Village.
NOW, THEREFORE, it is hereby agreed by and between the parties
hereto that Exhibit B of the Annexation Agreement dated June 12,
1.9-&4 between the Village of Elk Grove Village and La Quinta Motor
Inns, Inc. be amended by adding thereto an attachment to the site
plan, which attachment is attached hereto as Exhibit I of this
Amendment to Annexation Agreement and that all. other provisions
of 'the Annexation Agreeme,it not affected by the provisions hereof
shall remain in full force and effect.
IN WITNESS HEREOF, the parties hereto have set their hands
and seals this 28th day of .1t11V 1 1992.
VILLAGE OF ELK GROVE VILLAGE
By: Charles J. Zettek
Village President
SPAGHETTI WAREHOUSE, INC.
M
ATTEST: ATTEST:
Patricia S. Smith
Village Clerk
MPM