HomeMy WebLinkAboutOrdinances - ORD-11-1555 - 09/12/2011 - AUTHORIZE FIRST AMENDMENT CENTEGRA ROAD CONST AGMTORDINANCE NO. ORD-I 1-1555
AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT ("First
Amendment") TO THE ROAD CONSTRUCTION AGREEMENT BETWEEN CENTEGRA
HEALTH SYSTEM, AN ILLINOIS NON -FOR -PROFIT CORPORATION ("Centegra") AND
NIMED CORP., AN ILLINOIS NOT -FOR -PROFIT CORPORATION ("NIMED") AND THE
CITY OF MCHENRY, A MUNICPAL CORPORATION ("City")
WHEREAS, the City of McHenry, McHenry County, Illinois is a home -rule municipality as
contemplated under Article VIL Section 6, of the Constitution of the State of Illinois, and the execution
of this agreement constitutes an exercise of the City's home -rule powers and functions as granted in the
Constitution of the State of Illinois; and
WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and
regulations that pertain to its government and affairs and that protect the public health, safety, and welfare
of its citizens, and
WHEREAS, the parties hereto executed a Road Construction Agreement dated March 5, 2007
("2007 Agreement"); and
WHEREAS, the parties desire to execute this amendment to the 2007 Agreement increasing the
payment previously made by the City to Centegra by $20,000, relative to the Necessary ROW referenced
in the 2007 Agreement and provide a deadline by which the existing building owned and controlled by
NIMED and Centegra, located at the southwest corner of Bull Valley Road and Illinois Route 31,
McHenry County, Illinois, shall be demolished: and
WHEREAS, the Corporate Authorities of the City of McHenry have found that entry into said
First Amendment ("First Amendment") is in the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTRY. ILLINOIS AS FOLLOWS:
SECTION 1: The Mayor and City Clerk are hereby authorized to execute the First Amendment
(attached hereto as Exhibit A and made a part hereof).
SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof be
and the same are herby repealed to the extent of such conflict.
SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of
the corporate authorities of the City of McHenry, Illinois.
SECTION 4: This Ordinance shall be in full force and effect from andaller its passage, approval
and publication as provided by law.
PASSED and APPROVED this 12" day of September, 2011.
Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon.
VotingNay None.
Not Voting: None.
Abstained: None.
Absent: None.
MKyor
ATTEST
oty�c
EXHIBIT A
FIRST AMENDMENT TO THE ROAD CONSTRUCITON AGREEMENT
AMENDMENT TO ROAD CONSTRUCTION AGREEMENT
This Amendment to Road Construction Agreement ("Agreement") is entered into this
I 2'h day of September, 2011, by and between Centegra Health System, an Illinois not -for -profit
corporation ("Centegra") and NIMED Corp., an Illinois not -for -profit corporation ("NIMED")
and the City of McHenry, a municipal corporation ("City").
Recitals
WHEREAS, the parties hereto executed a Road Construction Agreement dated March 5,
2007 ("2007 Agreement")
WHEREAS, the parties desire to execute this amendment to the 2007 Agreement,
increasing the payment previously made by the City to Centegra. by $20,000, relative to the
Necessary ROW referenced in the 2007 Agreement and provide a deadline by which the existing
building owned and controlled by NIMED and Centegra, located at the southwest comer of Bull
Valley Road and Illinois Route 31, McHenry County, Illinois, shall be demolished.
NOW, THEREFORE, in consideration of the agreements made herein, the adequacy and
sufficiency of which the parties hereby acknowledge as being received, it is herebyagreed as
follows:
I . The 2007 Agreement is hereby amended to add one obligation of the City, to wit:
to pay to the order of Centegra within seven days of the execution of this Agreement, the sum of
S20,000, allocated toward additional compensation for the Necessary ROW previously conveyed
by Centegra to the City, pursuant to the terms of the 2007 Agreement.
2. The 2007 Agreement is also hereby amended to add one obligation of Centegra
and NIMED, to wit: to completely demolish at their own cost the existing building owned and
controlled by NIMED and Centegra, located at the southwest comer of Bull Valley Road and
Illinois Route 3 1, McHenry County, Illinois, no later than December 31, 2011.
3. The remaining terms of the 2007 Agreement shall remain in full force and effect.
City of McHenry
By— lzt�
/ ?V Susan E. Low, Mayor
A \M\MclienryCiiyol\AgreementDeniol�tion.('eiilcgra doe
Centegra Health System
b - M I
. , =41A, -I
I ME 7 r
:94pownWAAMM'r
NIMED Corp.
-2 -4��
B , /
/f ts-,- ir 1 f-r-/ V-1 Y/ fl,
r I