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HomeMy WebLinkAboutResolutions - R-83-12 - 04/18/1983 - grant for Pioneer Center R-83-12 A RESOLUTION WHEREAS the City of McHenry, Illinois desires to sponsor an application on behalf of the McHenry County Association for_ the Retarded , an Illinois not-for-profit corporation ( sometimes hereinafter referred to as the " Agency" ) to the Illinois Department of Commerce and Community Affairs , for available block grant funds under a competitive program for the purpose of funding expansion of the Agency ' s physical plant, acquiring an adjacent vacant lot, purchasing certain office and factory equipment and surfacing a parking lot; and , WHEREAS the Agency has prepared the grant application and supporting documentation in connection with the aforesaid grant and has tendered said materials to the City for its consideration, approval and execution; and WHEREAS the City also desires to enter into an agreement with the Agency relating to the administration of the expenditure of any grant funds that may be awarded pursuant to said grant application , compliance with grant requirements , protecting the City from any obligations and liabilities , and other contingencies therein specified , a copy of which Agreement is attached hereto as Exhibit A and made a part hereof by reference; and , WHEREAS a public hearing was conducted by the City of McHenry on March 2, 1983, pursuant to proper published notice, for the purpose of announcing the aforesaid grant application for project funds and to obtain local citizen comments and views concerning the proposed project and to otherwise comply with applicable State and Federal regulations; and , WHEREAS it is in the public interest and welfare of the City of McHenry and its citizens that the City make such application for grant funds and enter into the aforesaid agreement with the Agency. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McHENRY , McHENRY COUNTY , ILLINOIS, as follows : 1 . That the Mayor and City Clerk , on behalf of the City of McHenry, be and they are hereby authorized and directed to execute the Agreement between the City and the Agency , which Agreement is attached hereto as Exhibit A. 2 . That the City of McHenry make application for the above described grant on behalf of the Agency pursuant to the Community Development Assistance Program, administered by the Illinois Department of Commerce and Community Affairs and that the Mayor and City Clerk be and they are hereby authorized and directed , on behalf of the City of McHenry to execute such applications and documents that may be necessary or desirable in furtherance of said grant application. 3. That the Mayor and City Clerk be and they are hereby authorized and directed to provide such information as may be required to accomplish the obtaining of the aforesaid grant. PASSED this 18th day of April , 1983. AYES: Nolan, Busse, Datz, Gelwicks , Smith, Meurer, Serritella NAYS : None ABSTAINED : None ABSENT: Pepping NOT VOTING : None APPROVED this 18th day of April , 1983. /— MAYOR ATTEST : IX7etdetA--K CITY CLERK -2 - A-40 AGREEMENT THIS AGREEMENT is between the City of McHenry, Illinois (hereinafter sometimes referred to as the "City" ) and the McHENRY COUNTY ASSOCIATION FOR THE RETARDED, an Illinois Not-For-Profit Corporation with its principle offices located at 4001 Dayton Street, McHenry, Illinois , (herein- after sometimes referred to as the "Agency" ) . WITNESSETH WHEREAS , McHenry County Association for the Retarded, an Illinois Not-For-Profit Corporation, wishes to finance a project for the expansion of its vocational rehabilitation center in Tonyan Industrial Park, including the acquisition of land and the construction and equipment of the existing physical plant , and wishes to have the City of McHenry, Illinois apply for grant funding pursuant to the Illinois Community Development Assistance Program administered by the State of Illinois Department of Commerce and Community Affairs (hereinafter sometimes referred to as "DCCA Grant" ) ; and WHEREAS , a Memorandum of Agreement in the form attached hereto as Exhibit "A" has heretofor been entered into, to make application for such grant funding to finance the aforementioned expansion project by Pioneer; and WHEREAS , the City on March 2, 1983 , pursuant to proper public notice , held a public hearing relative to said proposed grant ; and WHEREAS , it is necessary that the City make application to the State of Illinois and enter into Agreements with the State of Illinois in conformance with the Illinois Depart- ment of Commerce and Community Affairs , Community Develop- ment Assistance Program: Application Guide and Forms as currently proposed and finally promulgated. NOW, THEREFORE , for good and valuable consideration it is hereby agreed by the City and the Agency as follows : 1 . PROJECT. A. Pursuant to the Community Development Assist- ance Program, administered by the Illinois Department of Commerce and Community Affairs , municipalities are eligible to submit applications and to compete for available block grant funds under a competitive program to fund a wide range of community improvement activities in the following problem areas : economic development , housing, and public facili- ties. The Agency shall prepare all necessary Grant documents for approval and execution by the City and thereafter the Agency shall process the application with appropriate state agencies. B. The McHenry County Association for the Retarded has requested the City of McHenry to sponsor an application - 2 - on behalf of Pioneer for grant funds for the purposes of: • ( 1 ) Expanding its physical plant by 12 ,000 square feet. ( 2) . Acquiring an adjacent vacant lot. ( 3) Purchasing certain office and factory equipment; and ( 4) Surfacing the parking lot. It is projected that the total cost of the aforesaid project will require an expenditure of approximately $365 ,000. 00. 2 . GRANT. In consideration of the facilities and services provided by the Agency in the operation of the Project as described above, the City shall disburse to the Agency from the funds provided by the "DCCA" Grant to the City, a total sum of $ 164 ,052 . 00 , or such greater amount as may be received by City not to exceed $328, 104. 00, when and if, received from the State of Illinois , in accordance with the terms and provisions of any Intergovernmental Agreement entered into between City and State of Illinois and applicable state and federal regulations regarding the Grant. All such above payments relative to the purposes referred to at paragraphs 1 . B. , ( 1 ) , ( 2) and ( 4) above shall be made through a customary Title Company Construction and Land Acquisition Escrow containing such terms as may be agreed to between City and Agency , taking into account the intent of this Agreement , resulting in the issuance of appropriate - 3 - Owner' s and Lender' s ALTA policies . All such above payments relative to the purpose referred to at paragraph 1 .B. (3) above shall be made payable to the order of Agency and Vendor jointly, subject to prior receipt by City from Agency of appropriate written payment requests supported by a purchase invoice and evidence of delivery to Agency. The disbursements under this Agreement are subject to the grant of sufficient funds from "DCCA" to the "City" pursuant to the "DCCA" Grant . If the funds designated for this grant in the "DCCA" Grant are reduced or eliminated by DCCA, then this grant shall be reduced or eliminated accordingly. The Agency shall establish and maintain a separate bank account for all funds received under this Agreement. 3. GRANTS FROM OTHER SOURCES . This Agreement does not preclude the Agency from entering into agreements for financial assistance with other sources , to be utilized in conjunction with "DCCA" Grant funds to accomplish the above stated project. 4. PROJECT REVIEW AND PROCEDURE ON NON-COMPLIANCE . The City has the right to review and monitor the project. If the City determines that the Agency is not in compliance with the terms of this Agreement, their application to the Illinois Department of Commerce and Community Affairs (hereinafter referred to as "the Department" ) or with the - 4 - terms of the "DCCA" Grant and rules, regulations and guidelines adopted by the Department relating thereto , the following procedures shall be followed: The Agency shall be notified in writing of its non-compliance and requested to meet with the City in an effort to reach a satisfactory agreement. In the event that the Agency and the City are unable to reach a satisfactory agreement within ten ( 10) days , the payment of all funds under this Agreement shall be placed in escrow under the terms of the Agreement until the Agency is in compliance. 5. INDEMNIFICATION. Agency hereby agrees to and shall indemnify, defend, and hold harmless the City, its officers , agents and employees from and against any and all claims , debts , charges , actions, suits , proceedings , costs , damages , loss , liabilities and expenses , and also including court costs , deposition costs , and attorneys and witness fees that the City may at any time sustain or be put to in connection with the Grant described in this Agreement. 6. REPAYMENT. The Agency shall repay to the City all or any portion of the grant received under this Agreement, plus any penaltyi, interest charges and any other ordered payments , if the grant, or any part thereof, is disallowed by any court or any federal or state administrative agency of competent jurisdiction resulting in the City being ordered by non-appeallable order of a court of competent - 5 - jurisdiction to refund said grant funds , so long as Agency is given notice of suits , opportunity to reasonably participate in the defense of the suit and the City shall not object to any-intervention by Agency therein. To secure the City in this regard, Agency shall cause First Mortgage to be placed upon the lot to be purchased with the grant funds in addition to a Junior Mortgage on property known as 4001 Dayton Street, McHenry, Illinois , which shall be released by the City five (5) years after recording. 7 . MONITORING. The City shall be afforded reasonable access to the premises where the Project is conducted under this Agreement and to all records relating to the Project for the purposes of monitoring the Project. The City also reserves the right to require supplementary material for the purposes of monitoring the Project. 8 . STATE LAW COMPLIANCE . The Agency and City agree to comply with all of the terms and provisions of the "DCCA" Grant awarded to the City and with all regulations , policies , guidelines , and requirements of "DCCA" as they relate to the Agency and City in the acceptance and use of state funds for this project. 9. MEMORANDUM OF AGREEMENT. The terms and conditions of the Memorandum of Agreement attached hereto as Exhibit "A" are herein incorporated by reference. 10. This Agreement has been duly approved and adopted - 6 - by a Resolution of the City of McHenry passed on the 18th day of April , 1983. IN WITNESS WHEREOF , the parties hereto have entered into this Agreement by their officers thereunto duly authorized as of the 18th day of April , 1983. City of McHenry, Illinois McHenry County Association for the Retarded, a Not- For-Profit Corporation of Ilinois , By: -�'�- / 1 LL)E; By: ✓ Myayor Its President ATTEST: ATTEST: By: By: City Clerk Its Secretary - 7 - a MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of McHenry, Illinois ( hereinafter referred as "City" ) and McHenry County Association for the Retarded , an Illinois not-for-profit corporation with it ' s principle offices located at 4001 Dayton Street , McHenry, Illinois ( hereinafter referred to as "Pioneer" ) . 1 . Preliminary Statement . ( a) Pursuant to the Community Development Assistance Program, administered by the Illinois Department of Commerce and Community Affairs , municipalities are eligible to submit applications and to compete for available block grant funds under a competitive program to fund a wide range of community improvement activities in the following problem areas : economic development , housing , and public facilities . ( b ) The McHenry County Association for the Retarded (Pioneer Center for the Exceptional ) has requested the City of McHenry to sponsor an application on behalf of Pioneer for grant funds for the purposes of: ( 1 ) Expanding it ' s physical plant by 12 ,000 square feet. ( 2) Acquiring an adjacent vacant lot. ( 3) Purchasing certain office and factory equipment; and ( 4) Surfacing the parking lot . EXHIBIT "A" • It is projected that the total cost of the aforesaid project will require an expenditure of approximately $365 ,000 . 00. 2 . Undertakings on the Park of the City: The City agrees- as follows : ( a) To sponsor a grant 'application on behalf of Pioneer in connection with the above described project. ( b) That it will adopt , or cause to be adopted , such proceedings and authorize and direct the execution of such documents , and take, or cause to be taken , such actions as may be necessary or advisable to effect the aforesaid grant application. 3. Pioneer agrees as follows : ( a ) Pioneer shall be responsibile for the preparation , filing and processing of the grant application in connection with the aforesaid project provided , however, that the grant application shall be subject to the prior review and approval of the City. ( b ) In addition to the foregoing grant application , Pioneer also agrees to prepare, file and process a grant application , under the Community Development Assistance Program aforesaid , on behalf of the City to fund the expansion of eligible City facilities , it being understood and agreed that the City will furnish Pioneer with all information and documentation that may be -2- ^ • necessary or advisable in use in connection with said application. ( c ) All obligations- and commitments of the City hereunder are subject to the express condition that the City will have no financial liability, obligation or expense in connection with the proposed project of Pioneer aforesaid nor in connection with any aspect relating to the grant application or the administration of any grant that may be awarded pursuant to such application. All commitments of the City hereunder are subject to the further condition that the City and Pioneer will enter into a mutually acceptable agreement relating to the administration of the expenditure of the grant funds , compliance with grant requirements , protection of the City from any and all obligations and liabilities and the repayment of any grant funds in the event that the City may be required to restore such grant funds as a condition of such grant award. ( d) Pioneer will reimburse the City, upon request , for all it ' s expenses , including but not limited to , legal and professional fees , Council expenses and other expenses of the City directly or indirectly incurred by , or charged to, the City, in connection with the subject matter of the proposed grant application on behalf of Pioneer. -3- IN WITNESS WHEREOF , the parties hereto have entered into this Memorandum of Agreement by their officers thereunto duly authorized as of the 18th day of April 1983. City of McHenr , Illinois McHenry County Association for the Retarded , a not- By: , for profit corporation of Mayor Illinois , By: Attest : It ' s President By: Attest : City Clerk By: It ' s Secretary -4-