HomeMy WebLinkAbout90-0328 ILMH go- o3aFs
Draft 1 /19/90
AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLI-
NOIS DEPARTMENT OF MENTAL HEALTH AND DEVELOPMENT DISABILITIES AND THE
CITY OF ELGIN CONCERNING THE DEVELOPMENT OF CERTAIN REAL PROPERTY TO
PROVIDE FOR A YARDWASTE COMPOSTING OPERATION
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
( hereinafter referred to as "Elgin" ) ; and
WHEREAS, Paragraph 6 of said deed entitled "Conditions and
Stipulations, " provides:
Prior to the City of Elgin ' s development of 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 . Any subsequent
changes thereto shall be submitted to the Director for approval .
and
WHEREAS, on August 20, 1982, the Department and Elgin entered
into an intergovernmental agreement (hereinafter referred to as the
"Agreement" ) wherein the Department approved certain plans of Elgin to
extract gravel products from deposits located throughout the property
and to rehabilitate and develop the property for park purposes; and
WHEREAS, subsequent to the said Agreement Elgin has determined
that it is necessary and desirable to add a yardwaste composting
operation at the site; and
WHEREAS, the Department has reviewed and approves said
composting operation.
NOW, THEREFORE, in consideration of the mutual promises con-
tained herein the Department and Elgin agree as follows:
I . The Agreement of August 20, 1982 be and is hereby amended by
adding the following paragraph :
" 19. The City may develop a yardwaste composting operation at
the southeast corner of the subject property ( north of and adjacent
to the Central Blacktop property) . The development and operation of
the composting operation shall be subject to approval by the IEPA.
Consideration will be given to five (5) major concerns: access,
odor , location, security, and machinery, all of which will be ad-
dressed in the IEPA site permit application. Temporary access will be
obtained using the Central Blacktop Company road located to the south
of the Elgin Mental Health Center (EHMC) grounds. Under no circum-
stances will access be allowed on any roads located on EHMC ' s
grounds. Should odor problems occur , the City of Elgin will remedy
the situation. Composting materials shall not be deposited closer
than 400 feet to EMHC ' s common property line with the City of Elgin.
The composting site shall be secured by an eight (8) foot high fence
to restrict access by unauthorized personnel . Any composting machin-
ery at the site will be secured behind the fence to restrict use by
unauthorized personnel . The City and Department agree that the
temporary site east of the Softball Complex may be utilized for the
storage of leaves until December 31 , 1990 while the City pursues the
IEPA site composting permit . "
IN WITNESS WHEREOF the parties have executed this Agreement
this day of L. A Q. j, , 1990.
CITY OF E
By
ty Ma ag:=r
Attest :
ll 1
---
City Clerk
DEPARTMENT OF MENTAL HEALTH
AND DEVELOPMENTAL DISABILITIES
By ` /C
Director
Attest :
MDM0062 OFFICIAL SEAL
MEMOTOMGR t1IRIAM D DANNENaERGER
NOTARY PUBLC STATE OF Loi01b
COMMISSION EXP OCT a 1990