HomeMy WebLinkAboutOrdinances - ORD-07-1365 - 03/05/2007 - APPROVE ROAD CONSTRUCTION AGREEMENT CENTEGRAOrdinance No. ORD-07-1 IF, r;_
An Ordinance Approving a Road Construction Agreement
and Amending Ordinance No. 0-97-818 and 0-97-821
relating to Centegra Traffic Circulation Plan
Be it ordained by the City Council of the City of McHenry, McHenry
County, Illinois, as follows:
SECTION 1: That the Mayor of the City of McHenry is hereby authorized to
execute the Road Construction Agreement attached hereto and dated March 5, 2007.
SECTION 2: That the circulation and land use plans attached to Ordinance No.
0-97-818 and 0-97-821 as Exhibit D and Exhibit B, respectively, are hereby replaced in
their entirety with the Roadway Improvement Plan Geometries attached as Exhibit A to,
the Road Construction Agreement.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision
of this ordinance shall be adjudged by any court of competent jurisdiction to be valid,
such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which
remainder shall remain and continue in full force and effect.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: This ordinance shall be in full force and effect upon its passage,
approval and publication in pamphlet form (which publication is hereby authorized) as
provided by law.
PASSED and APPROVED this 5t' day of March, 2007.
Voting Aye: Santi, Schaefer, Murgatroyd, Peterson, Condon.
Voting Nay: Glab.
Not Voting: None.
Abstained: None.
Absent: Wimmer.
Mayor
ATTEST:
City Cler
I
ROAD CONSTRUCTION AGREEMENT
This Road Construction Agreement ("Agreement") is made and entered into as of this 5th day of
March, 2007, by and between the City of McHenry, an Illinois municipal corporation ("City"), Centegra
Health System, an Illinois not -for -profit corporation ("Centegra") and NIMED CORP., an Illinois not for
profit corporation ("NIMED").
RECITALS
A. In 1997, the City adopted Ordinance Nos. 0-97-818 and 0-97-821 approving a
Circulation and Land Use Plan for Centegra dated March 12, 1997 ("Traffic Circulation Plan") on
property depicted on the exhibits attached to the ordinance;
B. NIMED holds fee simple title to the property upon which the Traffic Circulation Plan is
shown and Centegra holds all membership interest in NIMED;
C. Centegra intends to complete construction of a partially built road encircling the Northern
Illinois Medical Center, McHenry, Illinois substantially as shown on the "Roadway Improvement Plan
Geometrics" attached hereto as Exhibit A, to allow hospital traffic and emergency vehicles to have access
to a signalized street intersection;
D. The proposed road improvements, including completion of a road surrounding the
Northern Illinois Medical Center, intersection and sidewalk improvements referenced herein "Roadway
Improvement Plan Geometrics", constitutes a minor adjustment pursuant to the Zoning Ordinance of the
City;
E. The parties desire to amend Ordinance Nos. 0-97-818 and 0-97-821 to allow for the
construction of the Proposed Road Improvements;
F. In addition, the City is in need of additional land/right of way parallel to Bull Valley
Road and Illinois Route 31 ("Necessary ROW) for future highway and intersection improvements;
G. Centegra is willing to convey the Necessary ROW to the City and construct the Proposed
Road Improvements in exchange for payment by the City to Centegra in the total amount of $950,000;
H. The City is entering into this Agreement, pursuant to power conferred by 65 ILCS 5/1-1-
7 and 65 ILCS 5111-105-1; and
NOW, THEREFORE, in consideration of the foregoing and covenants herein set forth, the
adequacy and sufficiency of which is acknowledged as being received by both parties hereto, it is
mutually agreed as follows:
Obliaations of the City
Following approval of the execution of this Agreement, the City shall adopt an ordinance granting an
amendment to the previously approved to the 1997 Traffic Circulation Plan and approving the 2006 TCP.
Obligations of Centegra
1. Within fifteen days after execution of this Agreement, Centegra shall dedicate and
convey by warranty deed 4.42 acres, free and clear of all encumbrances to the City, designated as Tracts
A, B, C and D and legally described on the Plat of Dedication prepared by Smith Engineering
Consultants, Inc. and dated June 27, 2006. Centegra shall also provide a title commitment and title
insurance policy acceptable to the City evidencing the same. Contemporaneously, the City shall issue a
check to Centegra in the amount of $950,000,
2. At its own cost, except as otherwise referenced herein, Centegra shall complete the
Proposed Road Improvements. The proposed road encircling the Northern Illinois Medical Center shall
be constructed to the standard of a "Residential Collector Road" as specified in Table 1-3, Structural
Requirements, of the City's Subdivision Control Ordinance, including the specified 34-foot back of curb
to back of curb requirement. Sidewalk improvements shall be made in accordance with Centegra's letter
to the City Administrator dated February 6, 2007, a copy of which is attached hereto as Exhibit B.
3. In conjunction with Centegra completing construction of the road encircling the Northern
Illinois Medical Center and connections to Ridgeview Road and Shamrock Lane, Centegra shall
reconstruct intersections of the Property such that full access at Lawrence Parkway and Bull Valley Road
is limited to right-in/right-out access only. In addition, Centegra shall reconstruct the access at Medical
Center Drive and Illinois Route 31 such that it is limited to right-in/right-out access only.
4. Following City approval of construction, the Proposed Road Improvements shall be
dedicated to the City for use and benefit by the public.
Mutual and Miscellaneous Obligations
5. The City and Centegra agree to do all things necessary or appropriate to carry out the
terms and provisions of this Agreement and to aid and assist each other in carrying out its terms.
6. Before any failure of either party to this Agreement to perform its obligations under this
Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide
notice, as provided herein, to the party alleged to be in default specifying the nature of said default, and
thirty (30) days elapses from the receipt of said default notice without the default being cured.
7. This Agreement shall be governed by the laws of the County of McHenry, the State of
Illinois, and the sole and exclusive venue for any disputes arising out of this Agreement shall be the
Nineteenth Judicial Circuit, McHenry County, Illinois. Any notices required in this Agreement shall be
addressed as follows:
All notices to the City shall be sent to:
City Administrator
City of McHenry
333 S. Green Street
McHenry, Illinois 60050
All notices to Centegra. shall be sent to:
Joseph Hurshe, VP Operations
Centegra Health System
4201 Medical Center Drive
McHenry, Illinois 60050
or to such other address as a party may designate for itself by notice given from time to
time to the other party in the manner provided herein.
8. In the event of a breach of any of the terms and conditions of this Agreement, the non -
breaching party shall have the right, in addition to all other available remedies in law equity, to be
awarded reasonable attorneys' fees.
9. If any provisions of this Agreement is held invalid by a court of competent jurisdiction,
after exhaustion of all appeals or periods for such, or in the event such a court shall determine that the
City or Centegra does not have the power to perform any such provision, after exhaustion of all appeals or
periods for such, such provision shall be deemed to be excised here from, and the invalidity thereof shall
not affect any of the other provisions contained herein, and such judgment or decree shall relieve the City
from performance under such invalid provision of this Agreement; provided, however, if the judgment or
decree relieves the City of any of it monetary obligations under this Agreement or if Centegra is relieved
of its obligation to dedicate or convey the Subject Property, then this Agreement shall terminate and the
other party shall be relieved of its obligations hereunder.
10. This Agreement may not be amended, altered or revoked at any time, in whole or in part,
unless such changes are agreed to in writing and signed by the parties to this Agreement.
11. This Agreement shall run with the Property and be binding on the parties, and their
respective assigns, heirs and legal representatives.
12. The officers of Centegra who have executed this Agreement warrant that they
respectively have been lawfully authorized by the Board of Directors of Centegra to execute this
Agreement on its behalf. The Mayor and the City Clerk of the City warrant that they have been lawfully
authorized by the McHenry City Council to execute this Agreement. The City shall deliver to Centegra,
upon request, copies of all ordinances or other documents required to legally evidence the authority to so
execute this Agreement on its behalf. Centegra shall provide to the City an opinion letter of its counsel
that Centegra has complied with all laws, rules and regulations required of it and that its execution and
delivery of this Agreement is valid and binding, said letter to be in a form acceptable to the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first
above written.
CITY OF M HENRY
By:
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usan E. Low, Mayor
CENTEGRA HEAITKSYSTEM
By:
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EXHIBIT LIST
Exhibit A — Roadway Improvement Plan Geometrics
Exhibit B — Centegra letter to City Administrator regarding sidewalks
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Exhibit B
February 6, 2007
Mr. Doug Maxeiner
City Administrator
City of McHenry
333 South Green Street
McHenry, IL 60050
Re: Letter of Intent: Centegra Northern Illinois Medical Center
Dear Mr. Maxeiner:
Please allow this letter to confirm that Centegra Northern Illinois Medical Center will accept. the
City of McHenry's request that we meet the current City of McHenry Sidewalk Ordinance in
connection with the medical center's current roadway connection project at Ridgeview and
Shamrock Roads, subject to the following conditions and limitations:
1. Centegra Northern Illinois Medical Center will work in collaboration with the City of McHenry
to develop a mutually acceptable plan for adding sidewalks to the medical center campus where
applicable at Centegra Northern Illinois Medical Center.
2. Centegra Northern Illinois Medical will contribute up to $40,000.00 in the development of
sidewalks.
3. Any expense over the initial $40,000.00 will be underwritten by the City of McHenry with no
additional cost to Centegra Northern Illinois Medical Center.
Centegra Northern Illinois Medical Center has appointed Mr. Joseph R. Hurshe, Vice President
System Operations, to administer this project on behalf of Centegra Northern Illinois Medical
Center. We look forward to working with the City on this important project.
Sincerely,
Mr. Charles W. Ruth
Chairman
Centegra Board of Governors
cc: Mr. Jason Sciarro
Chief Operating Officer
Centegra Health System
Mr. Joseph R. Hurshe
Vice President System Operations
Centegra Health System
Mr. Michael S. Eesley
President and CEO
Centegra Health System