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HomeMy WebLinkAbout79-1217 Recorded • - -9- (a 13- • • •Y . LVTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ELGIN AND THE ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES APPROVING Tri Poo DFATILITIENT BY THE CITY OF ELGIN OF LAND PURCHASED FROM THE DEPARTMENT ON 12/17/79 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS, KANE COUNTY AS DOCUMENT #1534131 WHEREAS, on December 17, 1979, the Department of Mental Health and Developmental Disabilities (hereinafter referred to as "the Department") conveyed by quitclaim deed (recorded in the Office of the Recorder of Deeds, Kane County on 1/23/80 as Document #1534131) certain real property (hereinafter referred to as "Property") located on the grounds of the Elgin Mental Health Center to the City of Elgin; and WHEREAS, Paragraph 6 of said deed entitled "Conditions and Stipula- tions," provides: Prior to the City of Elgin's development or use of the subject land, the plan for the eventual development of the area must be approved to (sic) writing by the Director of the Illinois Department of Mental Health and Developmental Disabilities. and WHEREAS, the City of Elgin has developed a plan to utilize the ;Property and eventual development of the Property as outlined in the document =i M -entitled "StatesHospital Site;• A Proposal for the Temporary Mining and Reclama_ tion of Land, by Xthe City of Elgin," (hereinafter referred to,.as "Plan") , a copy of which is 'attached hereto and made a part hereof by reference; and WHEREAS, said plan has been amended by an ordinance number G19-81 passed on by the corporate authorities of the City of Elgin entitled_ "An Ordinance Granting a Special Use for the Temporary Mining of Sand and Gravel in Conjunction with Site Preparation for the Development of Public Recreational Open Space;" and WHEREAS, the Director of the Department as reviewed the Plan as modified by said ordinance number G19-81 as well as materials submitted by objectors and supporters of said plan, and has approved the City's proposed development of the Property in a letter from said Director dated March 4, 1982, a copy of which is attached hereto and made a part hereof by reference, and .has specifically determined that "The proposal of the City is a bold initiative that we believe will be of substantial benefit to all the residents of the City of Elgin and its surrounding areas;" and iR *=f' WHEREAS, said approval, as a condition subsequent, required the City of Elgin to *ter into an intergovernmental agreement with- the Department:`, o - 5i'd sz1 Y:1' ii NOW; THEREFORE, in consideration of the mutual promises contained herein the Department and the City of Elgin agree as follows: 1. The Department, acting through its Director, hereby approves the Elgin plan as modified by ordinance number G19-81 of the City of Elgin for the eventual development of the property and further finds that the use of the property as proposed in said plan as modified herein shall not be in conflict with adjoining uses but shall constitute use for public purposes. 2. The City of Elgin, its agents, employees, assigns, or any other person or entity acting in its interests and on its behalf (hereinafter referred to as "the City"), shall comply or cause compliance to be had with Conditions A through V imposed by ordinance number G19-81 (An Ordinance Granting a Special Use for the Temporary Mining of Sand and Gravel in Con- junction with Site Preparation for the Development of Public Recreational Open Space) , approved May 13, 1981 by the City Council of the City of Elgin, ' which conditions are expressly incorporated by reference and made a part hereof by reference. 3. The City of Elgin shall comply or cause compliance to be had with the provisions of the Environmental Protection Act, Ill. Rev. Stat. , Ch. 111, pars. 1001 et sen (1979), as amended and any and all regulations promulgated pursuant thereto by the Pollution Control Board of the State of Illinois, including, in particular, Rules 203(b) , 203(f) (1) and 203(f) (6) . 4. The City of Elgin shall comply or cause compliance to be had with the provisions of the Surface-Mined Land Conservation and Reclamation Act, Ill. Rev. Stat. , Ch. 962, pars. 4501 et seq. (1979) , as amended, and any and all rules or regulations promulgated pursuant thereto by the Illinois Department of Mines and Minerals. 5. The City of Elgin shall comply or cause compliance to be had with any and all other applicable Federal or State statutes, local ordinances, regulations and codes. 6. The City of Elgin shall cause fencing' tot be erected upon the__ _ property adjacent to the common property lines with Burnham Mill. 7. The City of Elgin shall incorporate, as much as practical, into its final design for the berms and landscaping around Burnham Mill the recom- mendations of the Illinois Housing Development Authority (IHDA) . Any dis- agreement regarding these designs shall be resolved by the Manager of the City of Elgin and the Director of IHDA. -2- • 8. The City of Elgin shall deposit all revenue derived from the operation of the special use in a separate fund devoted exclusively to future park operation and development upon the property. 9. The City of Elgin shall utilize this tY ro er conveyed ex- clusively P Y clusively for public purposes, provided however the use of the property as provided herein shall constitute use for a public purpose. 10. The City of Elgin, in seeking proposals from producers for sand and gravel extraction, shall use its best efforts, including the use of incentives and/or disincentives, to secure a producer who will make access to and utilization of McLean Boulevard unnecessary. 11. The City of Elgin shall permit residents and employees of • the Elgin Mental Health Center access and use equal to that of the public at large of the public recreational open space after final development. 12. The City of Elgin shall permit the Department, or any designated agents or employees of the Department access to the property during and after the period of development at all reasonable times in order to maintain and use the cemetery located within the property and to determine compliance with the provisions of this agreement. 13. The City of Elgin shall indemnify, save and hold harmless the State of Illinois, the DMHDD, the Director of DMHDD, any officers, agents, or employees of INIDD, against any suit, action, claim, demand, lien, damage, fine, judgment, decree, or other expense, of any nature whatsoever, connected with this agreement or arising out of the excavation, reclamation, and develop- ment of the property conveyed by the Department to the City of Elgin and recorded in the Office of the Recorder of Deeds, Kane County, as Document No. 1534131, by the City of Elgin, its agents, employees, assigns or any other person or entity acting in its interest or on its behalf. 14. In the event the City of Elgin fails to comply with any term or provision of this agreement the Department may seek any remedy available to it in law or equity including, but not limited to requiring the City of Elgin to specifically perform according to the terms of this agreement. 15. All clauses contained in the preamble of this agreement are hereby made a part Of this agreement along with any recommendations or deter- minations contained therein. 16. This agreement shall constitute full and complete approval of the Department and its Director as required by a quitclaim deed dated -3- • December 17, 1979 and recorded in the Office of the Recorder of Deeds, Kane County on January 22, 1980, as Document #1534131. 17. The terms and conditions herein may be amended at any time by written agreement between the parties hereto. CITY OF ELGIN By 1A,0 Nelso ' city ger Attest: kuL„L„,q-,c,ecir_AticetAL_J City Clerk (SEAL) DEPAR OF MENTAL DEVELO DISABI I S By- ' v Pay ovic, .D. , Director • -Attest: DATED: August 20 , 1982 \/' QS-4 (SEAL) • • • STATE OF ILLINOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES 'ati.semen GENERAL OFFICE Room 1500, 160 N. LaSalle Street Chicago, Illinois 60601 March 4, 1982 Mr. Leo Nelson • City Manager City of Elgin 150 Dexter Court Elgin, IL 60120 .Re : Development of Former Elgin Mental Health Center Property Dear Mr, Nelson: • On December 17 , 1979 , the Department of Mental Health and Developmental Disabilities (hereinafter "the Department") conveyed by quitclaim deed certain real estate located on the grounds of the Elgin Mental Health Center to the City of Elgin . The deed was duly recorded in the office of the Recorder of Deeds , Kane County , on January 22 , 1980 as Document Number 1534131 . • Paragraph 6 of the quitclaim deed , entitled "Conditions and Stipulations" , provides that the plan of the City of Elgin for the eventual . development of the lands conveyed must be approved in writing by the Director of DMHDD prior to implementation. Since this property was conveyed to the City of Elgin, extensive planning has been undertaken for the proposed development of the property for eventual use as public recreational open space. Department staff have been informed and advised by your staff of the proposed plan of development and have had several opportunities to meet with you and your state to discuss the City` s plans .. As you are aware , several objections have been raised to certain aspects of the proposed development plan by neighboring landowners . The Department has sought the City's assistance in resolving these objections amicably and staff of the Department have met with both your staff and the objectors in an effort to resolve these issues . After reviewing all the mnterials submitted by the City of Elgin and having considered the positions and materials submitted by the objectors , I am pleased to advise you that I am approving the plan of the City of Elgin for the development of the property previ- ously conveyed by the Department , subject to the conditions contained herein, f , Leo Nelson Ivan P'aykovi,c, M,D1 • - 2 - 3/4182 E.1.8 Pvape t.y. The Department's review of the plan of the City to develop this property was undertaken with a view to assuring that the property would be developed in a manner consistent with the interests of all of the residents of the City of Elgin and surround- ing area, including the residents of the Elgin Mental Health Center . Our purpose and intent was not to frustrate or unduly interfere with the legitimate desire and right of the municipality to determine for itself the best manner in which to utilize its municipally-owned property. Rather , the purpose and scope of the Department 's review of the City' s proposed plan was significantly more narrow. It was intended to determine whether the plan of development had been ade- quately considered and was consistent with the general welfare of the surrounding area. I am satisfied that the City has made a sig- . nificant effort to accomplish this purpose . Specifically, I note that the City Council of the City of Elgin on May 13, 1981 , passed an ordinance granting a special use for gravel mining in conjunction with the park development. The City Council found and determined, among other things , that (1) a Master Reclamation Plan had been prepared by William E. Coates and Associates , Ltd. , Landscape Architects and Environmental Planners , for reclamation of the subject property for park purposes following completion of the mining operations and (2) that extraction of gravel deposits will aid and promote development of the subject property as a site for a com- munity park and accumulate substantial revenue for such purposes . Additionally, the City Council expressly found "2, . That the proposed special use is so designed, located and proposed that the public health, safety and welfare will be protected because operational controls described fin the ordinance] will be imposed regulating extraction and reclamation, hours of operation, control of dust and noise and protection of natural drainage and underground water supply. 3 . That the proposed special use will not cause substantial injury to the value of other property in the neighborhood in which it is lo- cated because the restrictions and controls imr posed, difference in elevation and the phasing of the mining and reclamation efforts will minimize and limit the durations of any adverse effect of the proposed special use on neighboring property, minimal traffic volume will be generated by mining activities on the subject property and that upon completion and reclamation the value of the surr rounding property will be enhanced. '" After reviewing the proposed plan of development and reclamation, it appears to the Department 's satisfaction that the City Council, Leo Nelson , / Ivan. P•avkovc , 24.D•1. ' ' Elgin Property - 3 - 3/4/82 in approving the special use ordinance , acted within the scope of its discretion and that no substantial legal or equitable grounds exist for the Department to substitute its judgment on this matter for that of the elected representatives of the residents of the City of Elgin. Consequently, I approve the plan of development as pro- posed by the City of Elgin for the property conveyed by quitclaim deed on December 17 , 1979 , and recorded in the office of the Recorder of Deeds , Kane County, as Document No. 1534131 , subject to the following conditions and stipulations : 1. That the City of Elgin, its agents , employees , assigns , or any other person or entity acting in. its interests and on its behalf (hereinafter referred to as "the City") , comply or cause compliance to be had with Conditions A through V imposed by Ordinance Number G19-81 (An Ordinance Granting a Special Use for the Temporary Mining of Sand and Gravel In Conjunction with Site Preparation for the Development of Public Recreational Open Space) , approved May 13, 1981 by the City Council of the City of Elgin, which conditions are expressly incorporated by reference and made a condition of this approval. 2. That the City of Elgin comply or cause compliance to be had with the provisions of the Environmental Protection Act, Ill . / Rev.Stat. , Ch. 111, pars . 1001' 'et` seq . (1979) , as amended, and any and all regulations promulgated pursuant thereto by the Pollution Control Board of the State of Illinois , including, in particular, ,.:. Rules 203(b) , 203(f) (1) and 203(f) (6) , 3. That the City of Elgin comply or cause compliance to • be had with the provisions of the SurfaceTMined Land Conservation rand Reclamation Act, Ill.Rev.'Stat . , Ch. 961/2, pars , 4501 et seq . (1979) , as amended, and any and all rules or regulations promulgated pursuant thereto by the Illinois Department of Mines and Minerals . 4. That the City of Elgin comply or cause compliance to be had with any and all other applicable Federal or State statutes , local ordinances , regulations and codes . 5. That the City of Elgin cause fencing to erected along the property lines of Burnham Mill . 6. That the City of Elgin incorporate into its final design for the berms and landscaping around Burnham Mill the rec- ommendations of the Illinois Housing Development Authority (IHDA) . Any disagreement regarding these designs shall be resolved by the Manager of the City of Elgin and the Director of IHDA. 7 , That the City of Elgin deposit all revenue derived from the operation of the special use in a separate fund for exclu- sive use for future park development at this site. Leo Nelson • Ivan Pavkoti i:c, M.D ‘ , . Elgin Property - 4 - 3/4/82 . 8. That the City of Elgin utilize this property ' conveyed exclusively for public purposes . 9 . That the City of Elgin, in seeking proposals from —'. producers for the sand and gravel extraction, use its best efforts , including the use of incentives , to secure a producer who will make access to and utilization of McClean Boulevard unnecessary. 10. That the City of Elgin guarantee to the residents and employees of the Elgin Mental Health Center equal access to and t"VV use of the public recreational open space after final development. 11 . That the City of Elgin shall permit the Department, or i. any designated agents , employees or other persons acting on its behalf and in its interests , access to the property during the period of development at all reasonable times in order to maintain and use the cemetery located within the property and to determine compliance with the provisions of this approval or any agreement executed pursuant hereto . 12 , That the City of Elgin indemnify, save and hold harm- less the State of Illinois , the DMHDD, the Director of DMHDD, any officers, agents , or employees of DMHDD, against any suit , action, claim, demand, lien, damage , fine, judgment , decree, or other expense, of any nature whatsoever, connected with the granting of this approval or arising out of the excavation, reclamation, and development of the property conveyed by the Department to the City of Elgin and recorded in the Office of the Recorder of Deeds , Kane County, as Document No, 1534131 , by the City of Elgin, its agents , employees , assigns or any other person or entity acting in its interest or on its behalf, 13. Within sixty (60) days of the date of this letter, that the City of Elgin enter into an intergovernmental agreement with DMHDD, which agreement shall incorporate the provisions of this conditional approval and which shall expressly provide that the Department may seek specific performance of any condition, in addition to any other remedy available , by the City of Elgin in the event of any violation or threatened violation of any term(s) of the agreement. The Department believes that these conditions are reasonable and are in the best interests of both the residents of the City of Elgin and surrounding neighborhood and of the Department. The proposal of the City is a bold initiative that we believe will be of substantial benefit to all the residents of the City of Elgin and its surrounding areas . The conditions I am imposing upon the Department's approval are designed to assure that this beneficial and farsighted project will be accomplished,,with the least amount of inconvenience to the residents of the area. A . Leo Nelson ' Ivan Pavkovic { .D •, Elgin Property - 5 - 3/4/82 The Department is pleased to have been a part of this project and looks forward with great anticipation to the final development of this property as a municipal park benefitting all the residents of the Elgin area. Vel ly you : van Pavkovic, M.D. Director cc: Richard L. Verbic , Mayor