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HomeMy WebLinkAboutRESOLUTION - 46-05 - 8/16/2005 - AGRMT/ALEXIAN BROS MEDICAL CENTERRESOLUTION NO. 46-05 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ALEXIAN BROTHERS MEDICAL CENTER (ABMC) FOR OPERATION OF A 5011H ANNIVERSARY RAFFLE AND THE DISTRIBUTION OF PROCEEDS 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 and Village Clerk be and are hereby authorized to sign the attached documents marked: AGREEMENT BETWEEN ELK GROVE VILLAGE AND THE ALEXIAN BROTHERS MEDICAL CENTER REGARDING THE OPERATION OF A 50TH ANNIVERSARY RAFFLE AND THE DISTRIBUTION OF PROCEEDS 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 16th day of August 2005. APPROVED this 16' day of August 2005. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk RESAgreeAWCratfleoperation-doc Agreement Between Elk Grove Village and the Alexian Brothers Medical Center regarding the Operation of a 50h Anniversary Raffle and the Distribution of Proceeds This Agreement (hereinafter, the "Agreement") is made this 24th day of4u ust2005 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation and home -rule unit located in Cook and DuPage Counties, Illinois (hereinafter, the "Village"), and the Alexian Brothers Medical Center (hereinafter, "ABMC"), a not-for-profit corporation hereinafter collectively referred to as "Parties". RECITALS: A. Elk Grove Village ("Village") will be celebrating its 50`h Anniversary in 2006; and, B. Centex Home a Nevada General Partnership ("Centex") desires to participate in the Village's 50`h Anniversary by constructing a home upon vacant land at 1099 Cheltenham Lane, Elk Grove Village, Illinois. Centex desires to donate said home for raffle to the general public; and, C. Under 230 ILCS 15/0 —15/6 ("State Raffles Act") and Chapter 6-8-3 (Raffles) of the Elk Grove Village Municipal Code, Village must grant a license to permit any raffle within the Village; and, D. The Alexian Brothers Medical Center ("ABMC"), as a not-for-profit entity, has submitted a completed application for an Elk Grove Village Annual Raffle License to conduct a 50`h Anniversary Raffle ("Raffle") of the Centex home and any other prizes donated for the Village's 50`h Anniversary Raffle as a means of generating revenue for charitable activities within its community, specifically to fund the 50`h Anniversary activities and to fund and assist charitable programs of certain not-for-profit organizations serving the Village; and, E. Village has reviewed the Application for Raffle License and found it to be in compliance with the State Raffles Act and the Raffles Ordinance of the Village and will be issuing the required License pursuant to this Agreement; and, F. The proceeds of the raffle are intended to be used exclusively for charitable purposes in benefitting the citizens of the Village by off -setting the costs of the 50`h Anniversary celebrations and providing funds to not-for-profit groups serving the community. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and agreements set forth herein, the Parties hereby agree as follows: 1. Incorporation of Recitals/License Issued. The Parties confirm and admit the truth and validity of the representations and recitations set forth in the foregoing recitals. The Parties further acknowledge that the same are material to this Agreement and are hereby incorporated into this Agreement as though they were fully set forth in this Page 1 of Paragraph 1. Extemporaneously following the execution of this agreement, the Village Clerk will issue to ABMC a Raffle License to conduct the 50`h Anniversary Home Raffle. 2. Raffle Prizes — Home and Other Gifts. ABMC or its designate agrees to accept title to said home at a real estate closing following the manner and custom generally utilized for the transfer of real estate title. Grand Prize Winner is responsible for all closing costs generally attributed to a homebuyer at time of closing, including Title Insurance. The parties acknowledge that ABMC is responsible for the closing and costs generally attributed to a home seller at time of closing. However, these costs shall be borne by the Village and reimbursed as a Raffle related expense. ABMC will accept title to any other prizes donated for Raffle and ensure the distribution of prizes to winners. Title to any prizes remaining unclaimed after one year shall be transferred to the Village. Any prizes remaining unclaimed after one year shall be auctioned to the highest bidder in a publicly held auction at a time and place to be determined. The proceeds of the auction will be distributed as the same manner as set forth in Paragraph 8 herein. 3. Raffle Manager/Sales Office Location. Susan Breier of ABMC will serve as the Raffle Manager. ABMC acknowledges that Susan Breier has not been convicted of a felony, is not a professional gambler or gambling promoter, and is of good moral character. The Raffle Manager holds an office at 800 Biesterfield Road in Elk Grove Village, Illinois. 4. Raffle Rules and Regulations. ABMC will conduct the Raffle in accordance with the attached "50`h Anniversary Home Raffle Rules and Regulations" which are made a part hereof. Parties acknowledge that one or more addendum to the Rules and Regulations may occur as additional prizes are secured for the Raffle. The 50`h Anniversary Raffle Rules and Regulations stipulate the time, place, and location of the sale of raffle entries. 5. Raffle Marketin iduciary Responsibility. ABMC will engage the services of Chicago Special Events Management (hereafter "CSEM") to market the raffle pursuant to the terms of the Illinois Raffle Act and under either an engagement agreement or by the assignment of the existing agreement between CSEM and the Village. The Village has chosen CSEM and the use of CSEM is at the Village's request. Village will fund the services of CSEM and Village will be reimbursed for the costs of CSEM as a Raffle related expense. The CSEM engagement agreement will at a minimum provide: As a function of its marketing responsibilities, CSEM will develop a secure Internet website for purposes of selling raffle chances and CSEM will on behalf of ABMC collect funds through the website chance sale. CSEM in handling any funds will accept full fiduciary responsibility including for funds from Internet chance sales and the parties acknowledge that by agreement CSEM will perform the following: Page 2 of 7 • Accept and immediately deposit receipts and fully account for all chance sales proceeds; • Process expenses of the Raffle after review and approval by ABMC Raffle Manager; • Maintain raffle proceeds in a secure account disclosed to ARMC, listing ABMC as the account owner and separate from any other CSEM funds accessible only by joint signature one of which is the Raffle manager. The bank records for this account shall be delivered first to ABMC and the Raffle Manager; • CSEM shall maintain records of chance sales on behalf of ABMC for 3 years, or at ABMC's request the records shall be assembled and delivered to ABMC. • Collect funds on the sale of chances on behalf of ABMC. Hold said funds and invest those funds only in accounts owned by ABMC and in a secure, risk averse manner with necessary collateralization to protect funds, the use of which and disbursement thereof shall require signature of an ABMC representative; • Prepare financial reports for ABMC and the Village's Director of Finance regarding investment of funds; • Prepare a final financial report on the proceeds of the Raffle for ABMC to distribute to its membership and Village; • Provide addendum to 50`h Anniversary Rules and Regulations as additional gifts are obtained for the raffle; • Write checks from the proceeds of the raffle to fund all costs associated with marketing and administering the sale of Internet raffle chances. Checks will require the signature of a CSEM official and the ABMC Raffle Manager; • Disburse checks written on the proceeds of the Raffle. Checks shall be issued within 30 days of request to the charitable groups listed in Disbursement of Proceeds paragraph below. • Obtain insurance, bond and surety in the amount of $2,500,000 to protect potential proceeds from theft, fraud, malfeasance, or any loss; • Engage an appraiser and determine value of the home prior to July 2006 in order to provide a form 1099 to the Grand Prize winner upon closing; • CSEM will prepare and provide winner(s) with any necessary 1099 forms for IRS tax purposes on behalf of ABMC; • CSEM will assist in notifying winners in writing preparing such for ABMC to send under signature of the Raffle Manager via certified mail return receipt requested and First Class U.S. mail postage prepaid. • CSEM will be required to allow any necessary financial audit or review of the sales of chances, disbursement of proceeds, and similar financial activities within 2 business days of a request from the Village, ABMC, or independent authority engaged for such a purpose. • CSEM will market each participating entity in accordance with a "Branding Guidelines" to be provided in writing by the parties. 6. Independent Oversight. ABMC will engage the services of the accounting firm of Virchow Krause & Company, LLP ("Virchow Krause") to provide independent oversight, testing, and review of all aspects of the Raffle. An independent representative Page 3 of 7 of Virchow Krause & Company will be present at any time a raffle chance is drawn and an independent representative will be present upon the final Grand Prize drawing. Village will fund the services of Virchow Krause and Village will be reimbursed for accounting firm costs as a Raffle related expense. 7. Ineligibility to Win Raffle Prizes. The parties acknowledge that the following are ineligible to win any Raffle prize: ABMC Board Members and Officers, the Raffle Manager, any paid or unpaid employee of ABMC assisting with the administration or management of Raffle, and any household member or immediate family (spouses, parents, siblings, children including step children, and each of their respective spouses) of the aforementioned; Village elected officials, Village Manager, Village Attorney, Assistant Village Manager, Assistant to the Village Manager, Village Clerk, all Department Heads, and any household member or immediate family member of the aforementioned; any Board Member(s), Officer, Director, or Employee of CSEM and any household member or any immediate family of the aforementioned; Any Board Member(s), Officer, Director, or Employee of Virchow Krause & Company, L.L.P. and any household member or any immediate family member of the aforementioned; any Board member, Officer, Director, or Employee of Centex Corporation and any household member or any immediate family member of the aforementioned. 8. Disbursement of Raffle Proceeds. Unless otherwise provided herein, Parties acknowledge that the proceeds of the Raffle will be distributed by CSEM as directed below no later than July 31, 2006: A. 50`h Anniversary Raffle Costs, Expenses, and Reimbursement: Village, ABMC, and CSEM will incur certain costs specifically attributable to marketing and conducting the raffle, and securing and/or preparing raffle prizes. The parties acknowledge that Elk Grove Village, ABMC, and CSEM will receive from raffle chance proceeds as reimbursement for any direct Raffle related expenses subject to the approval of all expenses by the Raffle Manager. Each organization seeking reimbursement (Village, ABMC, and CSEM) will provide the Raffle Manager with a detailed listing of Raffle related expenses, invoices, and proofs as required as a condition for reimbursement. As such, reimbursement shall be on going and reimbursement will not be unreasonably withheld. On going reimbursement shall occur within 15 days from the time the requesting organization submits any expense report detailing Raffle related expenses and accompanying invoices and proofs, assuming sufficient Raffle proceeds exist at the time to make reimbursement. At no time will personnel costs of Village or ABMC be considered a Raffle related expense. Costs to the Village for preparing the lot at 1099 Cheltenham for home construction and for title clearing matters are a Raffle related expense. The Parties acknowledge that ABMC will not be required to expend any funds to effectuate any terms or conditions of this agreement, but actual expenses incurred by ABMC in developing the raffle and expenses related to the raffle are a Raffle related expense. Otherwise, all expenses related to this agreement are the responsibility of the Village and any Page 4 of 7 expenses associated therewith are reimbursable to the Village as a Raffle related expense. B. Disbursement of Net Proceeds: Net proceeds (defined as gross revenue receipts minus Raffle related expenses) will be distributed as follows: 1. Elk Grove Village will receive 50% of Net Proceeds to off -set its 50`h Anniversary expenses and for related purposes; and, 2. Not -For -Profit groups listed in Section 8(C) below will receive the remaining 50% to be disbursed as Remaining Net Proceeds below. C. Disbursement of Remaining Net Proceeds: All Remaining Net Proceeds (defined as 50% of the Net Proceeds that were not disbursed to the Village in Section 8(B)(1) above) will be provided by ABMC to the Village for disbursement to the following organizations serving citizens of the Village subject to the funds being utilized in Elk Grove Village and only for charitable purposes. The Village will provide each organization a share equal to 1/11`h of the Remaining Net Proceeds subject to any conditions below and Village reserves the right to review or audit funds provided to the organization to ensure said conditions are met: 1. Community Character Coalition of Elk Grove Village 2. PADS subject to funds being utilized in Elk Grove Village 3. Elk Grove Food Pantry 4. Youth Commission for annual Village/Park District College Scholarships subject to scholarships being paid in equal increments over a 10 year period. 5. Elk Grove Housing Fund 6. Lions/Lioness Club of Elk Grove Village 7. Rotary Club of Elk Grove Village 8. Elk Grove Jaycees 9. Kiwanis Club of Elk Grove 10. Alexian Brothers Medical Center Foundation 11.E1k Grove Park District for purchase of a Senior Citizen Bus with any remaining proceeds being utilized for Senior Citizen purposes. The Village and ABMC reserves the right to review or audit funds provided to the organization to ensure said conditions are met. In the event that any organization listed above elects to receive no funds, or ABMC or the Village determine an organization is not qualified to receive said funds, its share of the Remaining Net Proceeds will be equally distributed to the remaining organizations. D. Funds in 8(C) will be distributed at a time and place as determined by Village. 9. Records. Parties acknowledge that the Illinois Raffles Act requires certain financial records to be made available, reported, and preserved for 3 years. These Page 5 of 7 requirements will be met by CSEM on behalf of ABMC unless ABMC determines to take possession of the records. 10. Indemnification. Village releases and forever discharges ABMC, its agents and assigns and Village shall indemnify, protect, defend and hold harmless ABMC and its directors, officers, employees and agents, on demand, from and against any and all claims, actions, suits, proceedings, obligations, liabilities, orders, damages, costs and expenses (including but not limited to attorneys' and paralegals' fees and expenses) resulting from, arising out of, related to or in connection with the Raffle of any type or sort including any claims of warranty for the home being raffled and or issues of title to the related real estate. 11. Assignment. This agreement and the rights and obligations of the parties under this agreement may not be assigned by either party without the prior written consent of the other party. Any assignment in contravention hereof shall be null and void. This letter agreement shall be binding upon and inure to the benefit of the parties and their respective representatives, successors and any assigns for which consent has been obtained. 12. Binding Agreement. This Agreement constitutes the complete, binding agreement between the parties concerning the matters it addresses and supersedes all previous negotiations, agreements or representations, written or oral, between the parties in connection with the Raffle. In the event of any conflict between the terms and conditions of this agreement and any other proposal, the terms of this agreement shall govern. The parties may amend this Agreement only through execution of a written instrument, which they both sign. 13. Notice. All notices, elections and other communications between the parties hereto, unless otherwise signified, shall be in writing and shall be mailed by certified mall, return receipt requested, postage prepaid, or delivered personally, to the parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: I£ to the Village: Gary E. Parrin Village Manager Village of Elk Grove 901 Wellington Avenue Elk Grove Village, I160007 With copies to: Village Clerk Village of Elk Grove 901 Wellington Avenue Elk Grove Village, I160007 to ABMC Susan Breier Raffle Manager Alexian Brothers Medical Center 800 W. Biesterfield Road Elk Grove Village, I160007 Page 6 of 7 Notices shall be deemed received on the third business day following deposit in the U.S.Mail if given by certified mall as aforesaid, and upon receipt or refusal if personally delivered. 14. Survival of Representations. All representations and undertakings contained herein shall survive this Agreement. Execution: Village of Elk Grove i Craig B. Johnson Craig B. Johnson, Mayor Date: August 16, 2005 Attest: Ann I. Walsh Ann I. Walsh, Village Clerk Alexian Brothers Medical Center (ABMQ (title) Date: Attest: (title) Page 7 of 7 ELK GROVE VILLAGE 5e ANNIVERSARY HOME RAFFLE by Alexian Brothers Medical Center Home Construction and Donation by Centex Homes CONTEST RULES AND REGULATIONS RAFFLE TERMS Elk Grove Village, Illinois is celebrating the 50`h Anniversary of its incorporation on July 17, 2006. Centex Homes constructed the first home in Elk Grove Village and Centex Homes of Illinois, a subsidiary of Centex Corporation, desires to construct what may be the last new home in Elk Grove Village. Alexian Brothers Medical Center (ABMC) has determined to support charitable activities within Elk Grove Village by conducting a fundraising raffle to assist local government and charities. To that end, Centex Homes is constructing a home, approximately 3,250 square feet in size, with basement and certain vendor donated furnishings (yet to be determined) in Elk Grove Village, Illinois. This brand-new home will be raffled by chances sold for $50.00 each. It is the charitable intent and purpose of this Raffle that the raffle's Net Proceeds (defined as gross revenue receipts minus Raffle related expenses) will be distributed for charitable purposes as follows: 1. Elk Grove Village will receive 50% of Net Proceeds to be used for community activities including the 50`h Anniversary expenses and for related purposes; and, 2. All Remaining Net Proceeds to community charitable programs through distribution to the Not -For -Profit groups listed below. All Remaining Net Proceeds (defined as 50% of the Net Proceeds that were not disbursed to the Village as above will be distributed by ABMC to charitable organizations by distribution to the Village for disbursement to the following organizations serving citizens of the Village subject to the funds being utilized in Elk Grove Village and for charitable purposes. The Village will pay to each organization a share equal to 1/11 w of the Remaining Net Proceeds subject to any conditions herein and below: 1. Community Character Coalition of Elk Grove Village 2. PADS subject to funds being utilized in Elk Grove Villa e 3. Elk Grove Food Pantry 4. Elk GroveYouth Commission for annual Village/Park District College Scholarships subject to scholarships being paid in equal increments over a 10 year period. 5. Elk Grove Housing Fund 6. Lions/Lioness Club of Elk Grove Village 7. Rotary Club of Elk Grove Village 8. Elk Grove Jaycees 9. Kiwanis Club of Elk Grove 10. Alexian Brothers Medical Center Foundation I I.E1k Grove Park District for purchase of a Senior Citizen Bus with any remaining proceeds being utilized for Senior Citizen purposes. The Village and ABMC reserves the right to review or audit funds provided to the organization to ensure said conditions are met. In the event that any organization listed above elects to receive no funds, or ABMC or the Village determine an organization is not qualified to receive said funds, its share of the Remaining Net Proceeds will be equally distributed to the remaining organizations. As the largest employer in Elk Grove Village and a significant not-for-profit entity serving the Village, Alexian Brothers Medical Center (ABMC) is conducting the Raffle to meet its charitable mission and to assist the community. The Raffle is known as the Elk Grove Village 50`h Anniversary Home Raffle conducted by Alexian Brothers Medical Center and home construction sponsored by Centex Homes. Chicago Special Events Management is functioning as an Independent Raffle Marketing Firm for the Elk Grove Village 50`h Anniversary Home Raffle. Chicago Special Events Management is overseeing the raffle chance sales, securing an Internet website, marketing, and handling Raffle components under the direction of and management of ABMC. For purposes of these Contest Rules, the following shall apply. Elk Grove Village, Illinois shall also be identified as "Village". Alexian Brothers Medical Center shall also be identified as "ABMC". Centex Homes shall also be identified as "Centex". Chicago Special Events Management shall be identified as "CSEM". Elk Grove Village 50`h Anniversary Home Raffle shall also be identified as "Raffle". WARRANTIES The home being raffled is donated to ABMC for the raffle "as is". As a condition of the raffle and each chance purchased, it is fully understood that the home offered as the raffle prize is being raffled "as is" and "without any warranties" by ABMC or the Village including no warranties of "fitness for use or habitability". Any warranties owed by a builder of new construction or vendors supplying materials or furnishings of any sort shall not be imposed upn ABMC or the Village under any conditions. ELIGIBILITY The Raffle is open to persons at least 18 years of age or older at time of purchase or acquisition of the raffle entry. Raffle chances will be sold at 1 chance for $50.00. Only one individual may be identified as the purchaser (or buyer) of the single raffle entry. All federal, state and local laws and regulations apply. ENTRIES Entries may be purchased via the Internet at http://www.homegiveaway.org, US Mail, or at designated drop-off center(s). For Internet purchasers, ticket confirmation number(s) will be e-mailed upon order completion. All e-mail communications, including the e-mail ticket confirmation, will be sent to the e-mail address provided during the purchase. It is the purchaser's responsibility to provide a valid, deliverable e-mail address in order to successfully receive the e-mail ticket confirmation. It is further the purchaser's responsibility to remove any spam or system blocks that would prevent the successful delivery of the e-mail confirmation. It is purchaser's responsibility to provide a valid, legible name, address, and phone number for any other purchases. For US Mail or drop- off purchasers, ticket confirmation number(s) may be mailed to any purchaser upon request within ten (10) business days of purchase. It is agreed that all sales of chances made by e-mail, fax, telephone orders or through US mail are made final in the Village of Elk Grove Village. Neither ABMC, Elk Grove Village, Centex Homes, Chicago Special Events Management nor any of the aforementioned agents, Board, vendors, volunteers and members assume any liability for lost, late, misdirected, mutilated, incomplete, illegible, undelivered entries or entries without proper payment received which entries shall be deemed invalid and shall be immediately disqualified. INELIGILIBILITY TO WIN RAFFLE PRIZES The following are ineligible to win any Raffle prize: ABMC Board Members and Officers, the Raffle Manager, any paid or unpaid employee of ABMC assisting with the administration or management of Raffle, and any household member or immediate family (spouses, parents, siblings, children including step children, and each of their respective spouses) of the aforementioned; Village elected officials, Village Manager, Village Attorney, Assistant Village Manager, Assistant to the Village Manager, Village Clerk, all Department Heads, and any household member or immediate family member of the aforementioned; any Board Member(s), Officer, Director, or Employee of CSEM and any household member or any immediate family of the aforementioned; Any Board Member(s), Officer, Director, or Employee of Virchow Krause & Company, L.L.P. and any household member or any immediate family member of the aforementioned; any Board member, Officer, Director, or Employee of Centex Corporation and any household member or any immediate family member of the aforementioned. DRAWINGS A maximum of 50,000 entries will be sold for this raffle. The Grand Prize Finalists Drawing and the Grand Prize Drawing dates are listed below. Should other prizes become available, additional draw dates and times will be added to these rules. Grand Prize Finalists Drawings — The Grand Prize Drawing includes 2 components: 10 Grand Prize Finalist entries will be drawn to create a pool of contestants eligible to win the Grand Prize Drawing. All Entries purchased prior to 11:54 pm (Central Time) on July 4, 2006 will be eligible for the Grand Prize Finalists Drawing. Each participant holding one of the 10 Finalist entry certificates drawn will receive a $1,000 cash prize and the certificate holder shall become one of only 10 entrants eligible for the Grand Prize Drawing. The Grand Prize Finalists Drawing will take place on July 6 at noon. The 10 Grand Prize Finalist winners will be invited to attend the Village's Grand Prize Drawing to be held on July 16. Grand Prize Drawing — The Grand Prize Drawing will take place on Sunday, July 16, 2006 at approximately 7 pm. The winning chance for the Grand Prize Drawing will be selected from the 10 Grand Prize Finalist Entries drawn on July 6, 2006 above. For the Grand Prize Drawing, the winning chance will consist of one of 10 keys to be randomly drawn by each of the Grand Prize Finalists or their representative. The order of draw for the key will be determined by purchase time and date of the original entry. Each person holding the entry that was purchased prior to the remaining entries will make the current key selection. As an example, the person holding the entry that was purchased prior to any other entries will select the first key and this process will continue through the person holding the entry purchased closest to or on July 5, 2006 selecting the last key. The Grand Prize Finalist or their representative must be present to win. In the event that the Grand Prize Finalist cannot attend the key selection, the Raffle Manager shall select a key on their behalf. Only one of the 10 keys will open a door displayed on stage. The key that opens the door displayed on stage will serve as the winning chance. The independent accounting firm of Virchow Krause & Company LLP will seal all 10 Grand Prize keys (chances) prior to the drawing, verify that one and only one key opens the door, and certify the winning key (chance). The winner of the Grand Prize will be awarded the newly constructed home on Cheltenham Road in Elk Grove Village, Illinois subject to all the limitations herein and will be referred to as the Grand Prize Winner. Until the Grand Prize Finalists Drawing, any winning chance for prior prize drawings will be returned to the draw pool for eligibility for any remaining prizes if any. At time of Grand Prize Finalists Drawing, only the 10 Finalists entries will be eligible to participate in the Grand Prize Drawing. Any and all purchases of raffle chances are final. There will be no refunds after the issuance of a certificate or certificate number. PRIZES Grand Prize — The Grand Prize is a newly constructed, single family home located on Cheltenham Lane in Elk Grove Village, Illinois along certain vendor donated appliances and furnishings (yet to be determined). All home furnishings, appliances, and landscaping, will be provided by Centex Homes at their sole discretion. The home is being constructed by Centex Homes of Illinois, a subsidiary of Centex Corporation. The home is anticipated to be constructed beginning August 2005 with completion anticipated in spring 2006. The Grand Prize will be the "Sycamore" Model to be constructed by Centex Home including an approximate size 9,000 square foot subdivided lot. Together, the lot, home, and its inclusions have an estimated fair market value for approximately $500,000. Actual value of home, lot, and inclusions depends upon market fluctuations. The Centex Homes "Sycamore" model to be constructed will generally consist of. 3,250 square feet of living area 2 Story 4 Bedrooms 2 Full /1 Half Bath 2 Living Areas 2 Dining Areas 2 Car Garage Basement No other prize will be substituted for the Grand Prize. A closing to transfer ownership title of the home to the Grand Prize Winner must occur prior to 5 pm on Monday, October 30, 2006. At time of closing, the home will be in broom -clean condition. The home, appliances, and any inclusions will be conveyed without representations or warranties, express or implied, in an "AS IS" condition other than those warranties, IF ANY, provided by Centex Homes at its sole discretion and any other applicable manufacturer's warranties. Grand Prize Winner is responsible for all closing costs generally attributed to a homebuyer at time of closing, including Title Insurance. ABMC is responsible for all closing costs generally attributed to a home seller at time of closing, which are a cost of the Raffle. In the event that the Grand Prize Winner elects to not accept the Grand Prize or fails to close by or on October 30, 2006, the winning entry shall be null and void. In that event, the Grand Prize will be auctioned to the highest bidder in a publicly held auction at a time and place to be determined. The proceeds of the auction will be distributed in the same manner as the raffle proceeds. Grand Prize Winner is responsible for paying all taxes, fees, insurance costs, gratuities, and complying with all Federal, State, and/or Local laws with the acceptance of the Grand Prize. All Prizes Only 50,000 chances will be sold. A minimum of 11 prizes will be awarded in total and other prizes may be added at a later date. Prizes may not be exactly as shown, are based on availability and may be substituted with a prize of similar value, except that there will be no substitution of the Grand Prize Home. The approximate value of all combined prizes is estimated to be over $500,000 MSRP (manufacturer's suggested retail price) and is based on estimated retail MSRP pricing at the time of prize selection and is subject to change due to market fluctuations. The odds of winning are dependent upon the number of valid entries received. In the event of a winning entry having more than one name, the prize will be awarded to the first name listed on the entry. Neither ABMC, Village, Centex Homes, nor Chicago Special Events Management are responsible for resolving any disputes that may arise from the different individuals claiming ownership of a prize due to more than one name on an entry. If added at a later date as prizes, all vehicles including automobiles, trucks and motorcycles ("vehicles") come base model factory equipped and winner(s) are also solely responsible for any and all state or local license, title, registration, taxes, or fees associated with the vehicle, as well as insurance (proof of which must be shown prior to possession) and pickup or delivery costs at the dealership as well as any non-standard options chosen by the winner and negotiated with the dealership. If added at a later date, vacation prizes are based on space and availability. Gratuities, taxes and fees may be additional. Winner must comply with all travel requirements, including possession or obtaining valid Visas, passport or related documentation. NOTIFICATION OF WINNERS All winners will be notified in writing by ABMC on its own or through Chicago Special Events Management of the prize won and any requisite procedure to claim the prize. All prizes, excluding bulky prizes not conducive to mailing, vehicles, and the Grand Prize Home, will be sent to the winner's home address only. Winners are required to claim vehicle and vacation packages within forty-five (45) calendar days of draw date and all remaining prizes within sixty (60) days of the final draw date. Winners' names and locations by city or town, and state, may be mailed to all entrants and may also be posted at www.homegiveaway.org. If a selected winner is unable to be contacted or located after a period of sixty (60) days from the draw date of any raffle drawing, the winning prize chance will be deemed null and void and, at the discretion of the Raffle Manager, the prize will either be reentered into the drawing if time permits or be auctioned with the auction proceeds being donated in the same manner as the raffle proceeds. All contact attempts shall be made to the address, phone number, or e-mail address provided by the raffle entry purchaser. All winners, by entering, authorize ARMC, Village of Elk Grove, Centex Homes, and/or Chicago Special Events Management to publish their name and likeness. TAXES AND IRS RULES All winners shall be responsible for any and all federal, state and local income or excise taxes, fees, assessments and like charges associated with the prizes. All cash prizes will be paid net of applicable income tax withholding. ABMC will follow the rules in effect at the time the prizes are awarded. The IRS has taken the position that amounts paid for chances to participate in raffles, lotteries or similar programs are not contributions and, therefore, the price of the entry does not qualify as a deductible charitable contribution. Check with your qualified financial advisor for additional information. CANCELLATION It is understood and agreed and a condition of chance purchase that ABMC and the Village have no responsibility to complete this raffle if the home cannot be completed and/or donated by Centex Homes as represented and planned by Centex Homes or if some unknown event prevents the raffle. In that event, the home raffle may be cancelled without liability to ARMC or the Village, and they shall only be responsible for return of chance purchase funds on hand and net of expenses including the costs of returning funds. WAIVER/LIMITATIONS OF LIABILITY Entry purchasers, by participating (and winners, by accepting a prize) release Alexian Brothers Medical Center, Elk Grove Village, Chicago Special Events Management, Centex Homes, and their respective partners, vendors, agents, representatives, sponsors, service agencies and independent contractors, and each of their respective directors, officers, partners, elected officials, employees and agents, including advertising and promotion agencies, from any and all liability with respect to participation in the promotion and possession or use of the prize(s) awarded and also acknowledge that they did not receive any representations, warranty or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness unless otherwise stated herein. In the case of any dispute, the decision of the ABMC Raffle Manager shall be final. Contacts Alexian Brothers Medical Center (ABMC Susan Breier Raffle Manager 800 Beisterfield Road Elk Grove Village, I160007 Independent Raffle Marketing and Sales: Chicago Special Events Management 1960 N. Clybourn Chicago, I160614 www.chicagoevents.com Virchow. Krause & Company, LLP Virchow, Krause & Company, LLP 225 N. Michigan Avenue, l Ith Floor Chicago, IL 60601 Attn. Sheldon P. Holzman, CPA, CFE www.virch owkrause.com t, ELIC GROVE VILLAGE ANNUAL RAFFLE LICENSE APPLICATION0� 1 l ll`%C' iS1 IuS 11SG` 11 _ �1''�`�lf lQa LU C (� of the (please print your name) (please print yourorganization title) Jt[xtnvx�ltla���c�v\,+cVl1 t 'w �MlkGrove Village, IL60007 (name of organization) (address number and street name) certify the following as truthful and correct (by placing your initials in the appropriate box below) in order to apply for an annual raffle license from Elk Grove Village: 1. I have read, and the above named organization agrees to abide by, the State of (� f Illinois Raffle Act (a copy of the Raffle Act is attached). 2. No single prize will exceed $1,000,000 in value nor $1,000,000 in total for a single raffle. V3 3. Raffle tickets will be sold within 365 days of the raffle for $100 or less. QW_I 4. I am of good moral character and I have never been convicted of a felony nor have I been convicted of violating the terms of the Illinois Raffle Act. 5. The Raffle Manager is neither a professional gambler nor a gambling promoter, is of good moral character, and has never been convicted of a felony nor been � convicted of violating the terms of the Illinois Raffle Act.1(WJ 6. My organization's raffles shall comply with all applicable State Statutes. IIWJ 7. The above named organization is a bona fide religious, charitable, labor, fraternal, education, business, or veterans' organization that operates without profit to its members. WJ 8. Please attach a stat ment indicating where raffles will take place throughout the year. Th esiding o or and secretary (or raffle manager) of the organization must sign below. I res , under 1 of la , that the information contained in the above application is true and correct: re esiding icer Title Da e w a4 o5 Attest: Signature of Secretary or Ra a Manager Date Please submit this completed application to: Village Clerk, Village of Elk Grove, 901 Wellington Avenue, Elk Grove Village, B 60007. (847) 357-4040. License Approved License Not Approved By: _ Please contact the Village Clerk at (847) 439-3900 for details. .Revised — 6-21-2005 Ordinance No. 3041 For Village Use Only. Do not write In this box. Date: Expires: 9 " J Y —06