HomeMy WebLinkAbout16-130 (2) Resolution No. 16-130
RESOLUTION
AUTHORIZING THE RENEWAL AND EXECUTION OF
AN INTERGOVERNMENTAL AGREEMENT
WITH FOREST PRESERVE DISTRICT OF KANE COUNTY
FOR ELGIN SHORES PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to renew and execute an Intergovernmental Agreement with Forest Preserve District of Kane
County on behalf of the City of Elgin for Elgin Shores Park,a copy of which is attached hereto and
made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented:November 2, 2016
Adopted: November 2, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT(this "Agreement") is made and entered into as
of the /4/7 day ok. fes, -ter , 2016, by and between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as the "City") and the FOREST PRESERVE
DISTRICT OF KANE COUNTY, an Illinois forest preserve district (hereinafter referred to as the
"District").
WITNESSETH:
WHEREAS, Article 7, Section 10 of the constitution of the State of Illinois, 1970, authorize
units of local government, including municipalities and forest preserve districts, to enter into
contracts to exercise, combine or transfer powers or functions not prohibited to them by law or
ordinance; and
WHEREAS, the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) authorizes units
of local government of Illinois to exercise jointly with any other public agency within the State,
including other units of local government, any power, privilege, or authority which may be
exercised by a unit of local government individually and to enter into contracts for the
performance of governmental services, activities and undertakings; and
WHEREAS, the City is a home rule unit which may exercise any power, perform any
function relating to its government and affairs; and
WHEREAS, the City has previously licensed from the District the property known as the
Elgin Shores Forest Preserve, such property being legally described on the depiction attached to
Exhibit "A" attached hereto and incorporated herein by this reference (hereinafter referred to as
the "Subject Property") and the District is the fee simple owner of the Subject Property; and
WHEREAS, the City desires to license the Subject Property from the District and the
District desires to license on an exclusive basis the Subject Property to the City to use the Subject
Property as a public park with playing fields and walking paths and in all manners consistent with
the Illinois, subject to the District's reservation of the right to grant easements as hereinafter
provided and as provided in the use permit and license agreement for the Subject Property; and
WHEREAS, in exchange for licensing the Subject Property to the City, the District desires
to retain the right to grant public utility and drainage and similar easements to other entities
across, upon and over the Subject Property; and
WHEREAS, the various undertakings by the District in this Agreement relate to the
government and affairs of the District; and
WHEREAS, the various undertakings by the City in this Agreement relate to the
government and affairs of the City.
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NOW, THEREFORE, for and consideration of the mutual promises and undertakings set
forth herein, and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
1. Incorporation of Recitals. The foregoing recitals to this Agreement are substantive and are
hereby incorporated into the Agreement as though fully set forth herein.
2. Agreement to License.The District agrees to license to and the City agrees to license from the
District the Subject Property according to the license agreement attached hereto as Exhibit
A.
3. District to Reserve Right to Grant Easements. The City and District agree that in exchange
for the license of the Subject Property to the District,the District shall retain the right to grant
public utility and drainage and similar easements to other entities across, upon and over the
Subject Property. The District shall notify the City in writing thirty(30)days prior to its intent
to grant such easement rights to install utilities or other similar infrastructure pursuant to
such easement. The parties shall cooperate with any grantee to whom such easement is
granted, expressly permitting the use and exercise of the easement by such grantee,with the
condition that any such grantee shall make every reasonable effort to minimize the impact
on the use of the Subject Property by the City with respect to the installation of such public
utilities on the Subject Property. In addition, the District agrees to require as a condition of
any such grant that the grantee thereof shall restore any surface damage to the Subject
Property after completion of any public utility or other installation, maintenance, repair or
replacement work to its original or equal condition prior to such public utility or other
easement work.
4. Notices. All notices herein required shall be in writing and shall be served on the parties at
the following addresses:
City:
City of Elgin District:
Attention: City Manager Forest Preserve District of Kane County
150 Dexter Court Attention: Executive Director
Elgin, IL 60120-5555 1996 North Kirk Road, Suite 320
Geneva, IL 60134
With a copy to:
William A. Cogley With a copy to: Gerald K. Hodge, Esq.
Corporation Counsel City of Elgin Kinnally, Flaherty, Krentz & Loran, P.C.
150 Dexter Court 2114 Deerpath Road
Elgin, IL 60120-5555 Aurora, IL 60506
The mailing of a notice by registered or certified mail, return receipt requested, or personal
delivery by courier service shall be sufficient service. Notices may also be served on the
attorneys for the parties by use of a facsimile machine with proof of transmission and a copy of
the notice with proof of transmission being sent by regular mail on the date of transmission.
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5. Interpretation.This Agreement shall be construed, and the rights and obligations of City and
District hereunder, shall be determined in accordance with the laws of the State of Illinois
without reference to its conflict of laws rules.
6. Failure to Enforce Provisions. The failure by a party to enforce any provision of this
Agreement against the other party shall not be deemed a waiver of the right to do so
thereafter.
7. Amendments. This Agreement may be modified or amended only in writing signed by the
parties hereto, or their permitted successor or assigns, as the case may be.
8. Entire Agreement. This Agreement contains the entire agreement and understanding of
the parties herein, all prior agreements and undertakings having been merged herein and
extinguished hereby.
9. Joint and Collective Work Product. This Agreement is and shall be deemed and construed
to be a joint and collective work product of the District and the City, and, as such, this
Agreement shall not be construed against the other party, as the otherwise purported
drafter of same, by any court of competent jurisdiction in order to resolve any
inconsistency, ambiguity, vagueness or conflict, if any, and the terms or provisions
contained herein.
10. Assignment. This Agreement shall be binding on the parties hereto and their respective
successors and permitted assigns. This Agreement and the obligations hereunder may not
be assigned without the express written consent of each of the parties hereto.
11. Effective Date. The effective date of this Agreement shall be the date on which this
Agreement is approved by the respective legislative bodies of the City and the District.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above and the signatories hereto represent that they are duly authorized to execute the
Agreement on behalf of their respective bodies.
CITY OF ELGIN FOREST PRESERVE DISTRICT OF KANE COUNTY
an Illinois municipal corporation
B r� By: �' � = 'U'
Y' � l7 c����
David K tai Mayor Mike Kenyon, Presi s nt
ATTEST: ATTEST:
t:Ze fi-li,1— if ' -,
City Cler Secretary/T casAFer
Date: November 2, 2016.
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USE PERMIT AND LICENSE AGREEMENT
KNOW ALL MEN BY THESE PRESENTS that the undersigned, FOREST PRESERVE DISTRICT
OF KANE COUNTY(hereinafter"FPDKC"),for and in consideration of One Dollar($1.00)and other
good and valuable consideration, the receipt of which is hereby acknowledged, does hereby
permit the City of Elgin, a municipal corporation, (hereinafter called "CITY") the exclusive,
(subject to the FPDKC's reservation of the right to grant easements as hereinafter provided) right,
permission and authority to use, operate and maintain the park and athletic fields located at the
Elgin Shores Forest Preserve which more particularly depicted on Exhibit A (the "Premises"),
which is attached hereto and incorporated herein (hereinafter referred to alternatively as the
"City License", "License", "Use Permit and License Agreement" or "Agreement"), which FPDKC
warrants that FPDKC owns in fee simple. FPDKC further grants CITY the exclusive, (subject to the
FPDKC's reservation of the right to grant easements as hereinafter provided) use of the fields for
the purpose of CITY recreation leagues, together with the right of ingress and egress to and from
the Premises, during the regular hours of the forest preserve in which it is located for the duration
of its scheduled activities thereon, for itself, its volunteers, agents, players and audience for all
other reasonable purposes convenient or incidental to the exercise by CITY of the rights herein
granted for the term of this Agreement. For these purposes, the CITY shall have the first right
and priority of use of the Premises, but FPDKC hereby reserves and shall have the right to grant
utility easements, drainage easements and the like without the approval of the CITY, specifically
including a grant of a pending force main sewer easement to Fox River Water Reclamation District
over a portion of the Premises located near and adjoining the Fox River. The parties shall
cooperate with any grantee to whom such easement is granted, expressly permitting the use and
exercise of the easement by such grantee, with the condition that any such grantee shall make
every reasonable effort to minimize the impact on the use of the Premises by the city with respect
to the installation of such public utilities on the Premises. In addition, the FPDKC agrees to
require a condition of any such grant that the grantee thereof shall restore any surface damage
and any damage to any improvements and facilities on the Premises after completion of any
public utility or other installation, maintenance, repair or replacement work to its original or
equal condition prior to such public utility or other easement work.
The Aforesaid Permit and exclusive license are granted as and from the date hereof for a
term of twenty (20) years, and on the following terms and conditions precedent and continuing
for the term of this Agreement, which terms and conditions are hereby mutually covenanted and
agreed to, by and between FPDKC and CITY.
FIRST. FPDKC covenants with CITY that it is the lawful fee simple owner of the
aforesaid lands and that it has the right and authority to make this license and permit grant.
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SECOND. The CITY agrees to the following:
1) To be responsible for the maintenance and repairs of the Premises, including the
proper maintenance and upkeep of the playing fields and paths; and
2) To be responsible for the maintenance of safe and sanitary conditions of the
Premises, generally; and
3) The storage of any maintenance equipment and other supplies at the Premises is
solely at the risk of the CITY or other leagues or similar users permitted by it to use
the Premises.
THIRD. This Use Permit and License Agreement concerning the Premises and
the CITY License created hereby are granted from the date hereof, and shall expire at the end of
twenty (20) years from the date of this Agreement and shall be subject to the following terms
and conditions precedent and continuing for the term of this Agreement, which terms and
conditions are hereby mutually covenanted and agreed to, by and between FPDKC and CITY.
FOURTH. CITY, its assigns, volunteers, agents, representatives, employees and
contractors agree to pay for the cost of and hold FPDKC harmless from any and all losses of or
damages to property, including environmental and economic losses,or injuries to or death of any
person resulting from CITY's activity or use on the Premises, or any property affected by such
activity or use by CITY, its assigns, employees, volunteers, contractors, affiliates, subsidiaries or
successors. CITY shall indemnify and save harmless FPDKC, its officers and employees, from all
claims, litigation and liability asserted against them or any of them, and any costs and attorney's
fees incidental thereto, arising from CITY's action or inaction which results in injury to or death
of any person or persons whomsoever, or damage to any property, caused by, connected with,
or in any way attributable to, the rights herein granted or CITY's failure to comply with any of the
terms or conditions hereof. CITY shall pay for the defense of FPDKC, its officers and employees
in any such litigation, with FPDKC having the right to designate its own local counsel.
FIFTH. CITY agrees that written approval shall be secured from the FPDKC
prior to undertaking specific maintenance or renovation of the Premises.
SIXTH. CITY agrees that there shall be no solicitation permitted on the
Premises by any entity other than in conjunction with the sale of concessions or similar
refreshments sold to attendees of events where it is intended to be consumed on premises
during an event scheduled to occur.
SEVENTH. The privileges herein granted are subject to the paramount rights of
the FPDKC at the forest preserve in which the Premises is located, and FPDKC shall not be liable
to CITY for damage to the property of CITY due to the installation, operation, maintenance or
removal of any present or future facilities of FPDKC or any easement holder.
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EIGHTH. This License shall not in any manner or to any extent limit or restrict
the right of FPDKC to grant additional easements or licenses or rights over, along, under and
across the Premises herein for other purposes, subject to the rights of this license including the
CITY's exclusive, priority use and possession of the Premises during its scheduled activities.
NINTH. FPDKC shall have the right to perform inspections of facilities and
grounds with a 5-day notice. Notice of required maintenance or improvements to facilities
and/or grounds with reasonable deadlines for compliance will be provided to the CITY in
writing.
TENTH. CITY covenants and agrees that it will not permit or suffer any lien to
be put upon or arise or accrue against said Premises in favor of any person or persons,
individual or corporate, furnishing either labor or material in any work herein proposed, and
CITY further covenants and agrees to hold FPDKC and said Premises free from any and all liens
or rights or claims of lien which may or might arise or accrue under or be based upon any
mechanic's lien law, so called, of the State of Illinois, now in force or hereafter to be enacted.
All contracts and agreements that may be made by CITY relating to any work herein proposed,
shall expressly state that the interest of FPDKC in and to said Premises shall be wholly free from
and not subject to any lien or claim of any contractor, subcontractor, mechanic, material man
or laborer, whether based upon any law or regulation of the State of Illinois, or any other
authority, now in force or hereafter to be enacted, and CITY also hereby covenants and agrees
that it will not enter into any contract for such work which shall not in express terms contain
the aforesaid provision.
ELEVENTH. CITY agrees to maintain during the term of this License or any
extension thereof, at CITY's cost, a policy or policies of insurance issued by good and
responsible insurance companies and in a form satisfactory to FPDKC as follows:
1. Worker's Compensation Insurance Policy:
a) Coverage A:To pay promptly when due all compensation and other
benefits required of the insured by the worker's compensation law.
b) Coverage B: Employers Liability-To pay on behalf of the insured with
limits not less than $75,000 each accident/occurrence all sums which the
insured shall become legally obligated to pay as damages because of
bodily injury by accident or disease, including death at any time resulting
therefrom.
2. Comprehensive General Liability Policy or Policies with limits not less than the
combined single limit of$1,000,000 for bodily injuries to or death of one or more
persons and/or property damage sustained by one or more organizations as a
result of any one occurrence, which policy or policies shall not exclude property
of FPDKC. FPDKC shall be added as a Named Additional Insured under such
policy or policies. Bodily injury means bodily injury, death, sickness, or disease
sustained by any person which occurs during the polity period, including death,
at any time resulting therefrom. Property damage means (1) physical injury to or
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destruction of tangible property which occurs during the policy period, including
loss of the use thereof at any time resulting therefrom, or (2) loss of use of
tangible property which has not been physically injured or destroyed provided
such loss of use is caused by an occurrence during the policy period.
There shall be furnished to FPDKC each year a Certificate of Insurance issued pursuant
to the requirements contained in subparagraphs(1) and (2) of this paragraph
ELEVENTH. Insurance coverage as required herein in subparagraphs (1) and (2) shall be
kept in force during the term of this license. On all policies of insurance, FPDKC shall be
listed as a named additional insured.
TWELFTH. NOTICE. Any notice required or permitted herein shall be in writing
and delivered personally or by U.S. mail to the address or addresses or persons set forth below:
City: District:
City of Elgin Forest Preserve District of Kane County
Attention: City Manager Attention: Executive Director
150 Dexter Court 1996 North Kirk Road, Suite 320
Elgin, IL 60120-5555 Geneva, IL 60134
With a copy to: With a copy to:
William A. Cogley Gerald K. Hodge, Esq.
Corporation Counsel City of Elgin Kinnally, Flaherty, Krentz & Loran, P.C.
150 Dexter Court 2114 Deerpath Road
Elgin, IL 60120-5555 Aurora, IL 60506
THIRTEENTH. This Agreement is not assignable or transferable.
FOURTEENTH. CITY shall pay all costs of this transaction, including recording fees, any
tax,fee levy or cost associated with this transaction or any use contemplated by such transaction
now or in the future.
FIFTEENTH. This Use Permit and License Agreement is subject to the terms and
conditions of the original deed of conveyance of the property and all other conditions,covenants
and restrictions of record, each as disclosed by each party to the other party.
SIXTEENTH. It is agreed and understood by the parties hereto that no special
duties or obligations to any third party are intended nor shall be deemed or construed to be
created by this Agreement. It is further agreed and understood that this Agreement is not
intended nor shall be construed to alter, limit, or constitute a waiver of any of the civil
immunities afforded the CITY and/or the FPDKC and/or their officials, officers, employees
and/or agents pursuant to the Local Governmental and Governmental Employees Tort
Immunity Act at 745 ILCS 10/1-101 et seq., as amended, and/or otherwise provided by law, it
being agreed that all of the civil immunities set forth in such Act, as amended, and/or as
otherwise provided by law shall fully apply to any claims asserted or which might asserted
against the CITY and/or the FPDKC and/or their respective officials, officers, employees and/or
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agents as a result of this Agreement, the CITY'S use, operation and/or maintenance of the
Premises or any actions of the parties pursuant to this Agreement. Notwithstanding anything
to the contrary in this Agreement, it is agreed and understood that no third party beneficiaries
are intended or shall be construed to be created by the provisions of this Agreement. The
provisions of this section shall survive any expiration and/or termination of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this document this 13th day of
September , 2016.
CITY OF ELGIN
FOREST PRESERVE DISTRICT
OF KANE COUNTY
David Kptai Mayor
1\kkaU jYt5L-1.Yvv .
Michael J. Kenyo Presiden
Attest:
Attest:
1,1117/
Xt/i'41/e6 ( Ze.a.2).
City Clerk
Secre ary
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EXHIBIT A
DEPICTION OF PREMISES LOCATED AT ELGIN SHORES FOREST PRESERVE
ELGIN, ILLINOIS
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Client#:83688 CITYELG2
ACORIA. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYY1)10114/2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME:
Mackey Team PHONE 312 595-6200 F/C
Mesirow Insurance Services (-CExt):E-MAIL No, (AIC,No):
353 N.Clark Street ADDRESS:
Chicago,IL 60654 INSURER(S)AFFORDING COVERAGE NAIC X
INSURER A:Travelers Indemnity Company 25658
INSUREDINSURER B:Safety National Casualty Corp 15105
City of Elgin
150 Dexter Court INSURER C:
Elgin,IL 60120 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE INSR
SUBRI POLICY EFF POLICY EXP
LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY ZLP21 N35819 10/01/2016 10/01/2017 EACH OCCURRENCE s2,000,000
p
CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000
MED EXP(Any one person) _$
PERSONAL&ADV INJURY _$2,000,000
GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000
POLICY JECT LOC PRODUCTS-COMP/OP AGG ;$3,000,000
OTHER:
A AUTOMOBILE LIABILITY 8109160P901 10/01/2016 10/01/2017 COMaaident)BINED SINGLE LIMIT 51,000,000
(Ea
X ANY AUTO BODILY INJURY(Per person)
$
ALL OWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $
AUTOS (Per accident)
UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTION$
B WORKERS COMPENSATION SP4053869 10/01/2016 10/01/2017 X PER oTH-
AND EMPLOYERS'LIABILITY Y/N _ STATUTE I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N NIA
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required)
RE:Agreement dated 11-12-96 for the use of property known as the 50 strip of property adjacent and
parallel to the Fox River for special use as a river nature walk
License Agreement dated 3-13-07 for the Burnidge and Eagles Club Property
License Agreement 3-13-07 for the Jack Cook Regional Park
Intergovernmental Agreement for Elgin Shores Forest Preserve for the period 9/13/2016-2036
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
Forest Preserve District of Kane SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
County ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:John Goreth
1996 S.Kirk Road; Suite 320 AUTHORIZED REPRESENTATIVE
Geneva,IL 60134 A,,
tic 1988-2014 ACORD CORPORATION.All rights reserved.
ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD
#52185222/M2177550 MPX
•
' DESCRIPTIONS (Continued from Page 1)
Forest Preserve District of Kane County is listed as an Additional Insured,with respects to General
Liability,where required by written contract with the Named Insured.
1
SAGITTA 25.3(2014/01) 2 of 2
#S21852221M2177550
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•
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REPORT TO MAYOR & MEMBERS OF CITY COUNCIL E LG I N
THE CITY IN THE SUBURBS"
AGENDA ITEM: B
MEETING DATE: October 12, 2016
ITEM:
Intergovernmental Agreement with the Forest Preserve of Kane County for Elgin Shores Park
(No cost to the City)
OBJECTIVE:
Maintain Elgin Shores as a park for Elgin residents.
RECOMMENDATION:
Approve the intergovernmental agreement with the Forest Preserve of Kane County.
Elgin Shores is a 22-acre park located on the Fox River,just south of U.S. Route 20 and east of
Illinois Route 31. The park's six baseball fields, batting cages and concession stand, along with a
playground, two shelters, public boat launch and fishing pier, are constructed on land owned by
Kane County. A 1982 intergovernmental agreement between city and Kane County is expiring at
the end of this year. The proposed twenty-year intergovernmental agreement will enable the city
to continue using Kane County's property for the Elgin Shores park. The agreement also provides
the Fox River Water Reclamation District (FRWRD) with an easement to construct a force main
from the park property across the Fox River to FRWRD's eastern bank treatment plant.
BACKGROUND
Elgin Shores is a 22-acre park located on the Fox River, just south of Route 20 and east of Route
31. The park contains a playground,two shelters, a public boat launch, a fishing pier, six baseball
fields, batting cages and a concession stand. The parcel of land that comprises Elgin Shores Park
is owned by the Forest Preserve of Kane County. In October of 1982, the city entered into an
intergovernmental agreement with the Forest Preserve, which allowed the city to develop the
parcel and operate it as a park. A new use agreement was put into place in November of 1996
and is scheduled to expire at the end of 2016.
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The Forest Preserve of Kane County has asked the city to update this agreement as it will be
expiring at the end of 2016. In addition, they desire to modify the agreement to allow them to
provide a needed easement to Fox River Water Reclamation District (FRWRD), which will allow
FRWRD to construct a force main across the river to their plant.City staff has tested the potential
impact of this construction to the park and it appears that the impact would be minimal.
OPERATIONAL ANALYSIS
The first formal development of Elgin Shores Park took place in the late 1980's when Continental
Little League developed baseball fields at the site.Continental Little League was originally located
at Grolich Park, but they outgrew that park site and moved their organization to Elgin Shores.
Additional fields and baseball support facilities were added over the years as their organization's
participation numbers increased.
In September of 2004, the city applied for an Open Space Land Acquisition and Development
(OSLAD) grant through the Illinois Department of Natural Resources. In spring of 2005, the city
was awarded the grant for $400,000 to assist with the cost of further developing the park. New
elements that were added to the park included a large paved parking lot, boat launch, fishing
dock, batting cages, playground and picnic shelter. These elements were completed in June of
2008 at a total cost of$644,260. Since the additional improvements were added, the park gets
much more use from boaters, fisherman and those with children who enjoy the playground.
Occasionally there will be families picnicking at this park as well.
One of the major sports trends across the country is the decline in the number of children
participating in youth baseball. This trend has affected the local Little League organizations as
well, and as a result, in 2014 Continental Little League merged with Classic Little League, which
is located at Wing Park. The majority of their baseball games are played on the fields in Wing
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Park, but they still use the two larger fields at Continental Little League. They also permit other
groups, like Elgin adult baseball, to utilize those fields when they are not using them. Given the
decline in popularity of baseball,the city will probably have to determine what will be the reuse
of the park area dedicated to baseball fields. There are a number of other sports where the
participation numbers are growing and there is a great demand for fields. These sports include
soccer, rugby and lacrosse.
The agreement, a copy of which is attached, has been reviewed by the legal department. The
term of the agreement is twenty years and provides the city with the exclusive use of the property
for park and recreation purposes and obligates the city to properly maintain and operate the site.
Any changes to the property must be approved by the Forest Preserve prior to being made. An
element of the new agreement, not found in the prior agreement, is that the Forest Preserve has
the right to grant utility easements, drainage easements and the like without approval from the
city.
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Elgin Shores Park is located in a very strategic location, given the recent acquisition of the former
mental health property so that the sports complex can be expanded to Route 31. As part of the
planning process for the expansion of the sports complex, staff is looking at ways to connect
visitors to the sports complex to downtown Elgin.The Fox River and its shoreline could play a role
in making that connection. Therefore, it is important for the city to continue to have a use
agreement in place with the Forest Preserve for this park parcel.
INTERESTED PERSONS CONTACTED
None.
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FINANCIAL ANALYSIS
None.
BUDGET IMPACT
FUND(S) ACCOUNT(S) PROJECT#(S) AMOUNT AMOUNT
BUDGETED AVAILABLE
N/A N/A N/A N/A N/A
LEGAL IMPACT
None.
ALTERNATIVES
The city council could choose not to approve the intergovernmental agreement with the Forest
Preserve of Kane County.
NEXT STEPS
Execute the agreement with the Forest Preserve of Kane County.
Originators: Randy Reopelle, Parks and Recreation Director
Final Review: Debra Nawrocki, Chief Financial Officer
William A. Cogley, Corporation Counsel/Chief Development Officer
Richard G. Kozal, Assistant City Manager/Chief Operating Officer
Sean R. Stegall, City Manager
ATTACHMENTS
A. Intergovernmental Agreement
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