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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 SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same are herby repealed to the extent of such conflict.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