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HomeMy WebLinkAboutRESOLUTION - 45-85 - 6/11/1985 - 1ST AMEND. TO BONDIOLI ANNEX AGRMTRESOLUTION NO. -45-85 A RESOLUTION AMENDING RESOLUTION NO. 59-79 BY ADOPTING A FIRST AMENDMENT TO AN ANNEXATION AGREEMENT (BONDIOLI) WHEREAS, the VILLAGE OF ELK GROVE VILLAGE and O'HARE INTERNATIONAL BANK, as Trustee under Trust No. 71L148, have previously entered into a Pre -Annexation Agreement, which Agreement was adopted pursuant to Resolution No. 59-79 on the 24th day of July, 1979; and WHEREAS, by the terms of said Agreement, certain improvements were to be made and certain conditions were to be met within five (5) years from the effective date of said Agreement; and WHEREAS, the Owner has advised the Village that certain hardships exist to such extent that the timely performance of said conditions is not feasible and the Village has deter- mined that it is in the best interest of the parties to amend the Annexation Agreement thereby permitting certain time extensions; NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage,-Iii nois, as follows: Section 1: That a First Amendment to an Annexation Agreement, a copy of which is attached hereto, be and the same is hereby approved, and the Village President and the Village Clerk are hereby authorized to execute same, and the Village Clerk is authorized to record same with the Recorder of Deeds of Cook County, Illinois. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 6 NAYS: 0 ABSENT: 0 APPROVED: Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PASSED this 11th day of June , 1985. this 11th -day of June . 1985. ---APPROVED -2- AMENDMENT TO ANNEXATION AGREEMENT This Amendment to the Annexation Agreement dated July 24, 1979, made and entered into this 11th day of June , 1985, by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "Village") and BANK OF ELK GROVE, as Trustee under Trust No. 2203 (hereinafter referred to as "OvMer") ; W I T N E S S E T H: WHEREAS, the Village and the Owner have entered into an Annexation Agreement on July 24, 1979, which Agreement was adopted and approved by Resolution No. 59-79; and WHEREAS, by the terms of said Agreement, certain improvements were to be made within five (5) years from the effective date of said Agreement; and WHEREAS, the Owner has advised the Village that certain hardships exist thereby requiring additional time for the Owner to comply with the conditions of said Agreement; and WHEREAS, the Village has determined that it is in the best interest of the parties to amend the Annexation Agreement, thereby permitting certain time extensions subject to those conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual promises e and conditions herein contained and other good and valuable consideration, it is hereby agreed by the parties as follows: 1. That paragraph 9., Ordinance to Apply, subparagraph c., insofar as same pertains to the future annexation of the motel property legally described on Exhibit C of the Annexation Agreement, is hereby amended to include the following: That the property described on Exhibit C of the Annexation Agreement shall be annexed to the Village within thirty (30) days from the effective date of the Resolution approving the First Amendment to the Annexation Agreement subject to the following conditions: 1. That the property comply with the minimum life/safety requirements of the Village's Building and Fire Prevention Codes, said require- ments to be as set forth on the attached list of Recommended Requirements. 2. That within one (1) year from the effective date of this amendatory Agreement, the property shall comply with all Village Building and Fire Codes and such other Village Codes as are applicable thereto; including, but not by way of limitation, Sec. 13.215, Fire Limits, of the Village Fire Code. If the Owner shall not comply with said Codes within the one (1) year period, then the owner shall cause the improvements located on the property to be raised. Should the owner fail to comply with the provisions of this paragraph, the Village is authorized to commence necessary litigation to enforce the provisions herein and the Owner shall be responsible for all costs and attorneys' fees incurred by the Village in enforcing same, which costs and fees.shall become a lien'on the annexed property. 2. That Paragraph 5., Payment of Fund, shall be amended by requiring the Owner to pay the required annexation fee, to wit: Five Hundred ($500.00) Dollars per acre to -2- the Village for the property which is to be annexed pursuant to this First Amendment to the Annexation Agreement. 3. That Paragraph 12., Sidewalks, shall be amended to read as follows: 12. The Owner shall install sidewalks on Landmeier Road within one (1) year from the effective date of this First Amendment to the Annexation Agreement. As security for the installation of said sidewalk, the Owner shall deposit in an escrow account, the sum of Five Thousand ($5,000.00) Dollars or, in the alternative, submit a Letter of Credit in said amount, which Letter of Credit shall be approved by the Village. Should the Owner fail to install the sidewalk as required herein, the Village shall have the right to withdraw the cash escrow or in the alternative draw on the Letter of Credit. The Village shall not be obligated to install sidewalks on the property, it being the understanding that any amount received by the Village shall t)e-deemed liquidated damages which shall not relieve the Owner of the responsibility for the installation of said sidewalks thereafter. 4. That all terms and conditions of the Annexation Agreement as originally adopted, except as amended herein, shall remain in full force and effect. -3- WfEREFOIM, the parties hereto set forth their hands and seals this 11th day of June , 1985. ATTEST: Patricia S. Smith Village Clerk hI • R , ejjh Fj � r BY: Charles J. Zettek Village President BANK OF ELK GROVE, as Trustee under Trust Agreement known as Trust No. 2203 BY: MIM LIST OF RECOMMENDED REQUIREMENTS RECOMMENDATION #1 Install approved hard wired single station smoke detectors in all sleeping rooms, in addition to the existing alarm system already installed in the linen, boiler and hot water room. RECOMMENDATION #2 Repair and maintain the ceiling and walls in the linen room by repairing holes and openings in walls and ceilings. RECOMMENDATION #3 Eliminate the storage of gasoline powered lawn mowers in the linen and electrical equipment room. RECOMMENDATION #4 Repair driveway by patching holes to allow safe access by emergency vehicles. RECOMMENDATION #5 Repair open wiring and maintain heating and air conditioning units which are in a state of disrepair. RECOMMENDATION 16 Repair, maintain and provide additional fire extinguishers, which are missing from cabinets or have been discharged or not inspected within the past twelve (12) months. RECOMMENDATION #7 Provide proper ventilation and combustion air to mechanical rooms.