97-38Resolution No. 97-38
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE FOREST PRESERVE DISTRICT OF KANE COUNTY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby respectively authorized and directed
to execute an Intergovernmental Agreement with the Forest
Preserve District of Kane County for the extension of a lease
of the approximate 20 acre parcel located on Route 31 in the
vicinity of the state police post, a copy of which is attached
hereto and made a part hereof by reference.
sl Kevin Kelly
Kevin Kelly, Mayor
Presented: February 12, 1997
Adopted: February 12, 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
INTERGOVERNMENTAL AGREEMENT
between the
FOREST PRESERVE DISTRICT OF RAlNE COUNTY
and the
CZTY OF ELGIN, ILLINOIS
WHEREAS, the City of Elgin, Illinois (hereinafter referred to
as "Elgin") desires to continue the exclusive use of certain
property described on Exhibit A attached hereto ("Real Estate");
and
WHEREAS, the Forest Preserve District of Kane County
("District") is the owner of the Real Estate and agrees to grant a
license to Elgin for the continued use of the Real Estate under
terms similar to those existing under a prior Lease Agreement dated
December 10, 1982 between the parties; and
WHEREAS, Illinois Statutes provide for Intergovernmental
Agreements between municipal corporations.
NOW THEREFORE, for and in consideration of the mutual
covenants contained herein and other good and valuable
consideration in hand paid, receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The parties hereto shall enter into a License Agreement
providing for a grant of license to Elgin for a period
beginning with the execution of this Intergovernmental
Agreement and continuing until January 1, 2017.
2. The terms of that certain lease dated December 10, 1982
shall be substantially utilized to set forth the rights
and responsibilities of the parties for the balance of
the license term, but said License Agreement shall
acknowledge any additional uses or change in uses by
Licensor of its reserved portion described in the prior
Lease Agreement as a "river nature walk".
3. This agreement is entered into pursuant to 50 I.L.C.S.
605/4 (1991; formerly I11. Rev. Stat. Ch. 30, paragraph
158a) and shall be governed by Illinois law. Nothing
contained herein shall be construed to limit or deny to
Elgin the ability or right to assign or alienate the
rights contemplated by this agreement should any affected
roadway become under the control or operation of another
agency of the state or other governmental entity.
4. The effective date of this agreement shall be the date on
which this agreement is approved by the respective bodies
hereto.
IN WITNESS THEREOF, thepart es have hereto sat their hands
and seals the I1+11. day of 1UD µUrn 1996 and the
signatories hereto represent that t •y are duly authorized to
execute this agreement on behalf of their respective bodies.
City of Elgin
By: �� \
Its Mayor
ATTEST:
FOREST PRESERVE DISTRICT
OF NAME COUNTY
By:
s President
ATTEST:
EXHIBIT A
THIS LICENSE AGREEMENT, made this I� liday of 1996
by and between the Forest Preserve District of Kane County ("Licensor") and the city of Elgin
("Licensee"),
WITNESSETH
WHEREAS, the Licensor and Licensee entered into a Lease on December 10, 1982 (the
"Lease Agreement").
WHEREAS, the term of the Lease Agreement was twenty (20) years beginning on
January 1, 1983, and terminating on January 1, 2003.
WHEREAS, the Licensor and Licensee desire to rescind the Lease Agreement and in
place thereof substitute this License Agreement.
NOW, THEREFORE, Licensor and Licensee, agree to rescind the Lease Agreement
dated December 10, 1982, and in place thereof substitute this License Agreement, as follows:
Licensor hereby grants unto Licensee an exclusive license for use of the property described in
Exhibit A (the "Licensed Premises'), from the date of execution hereof to the 1st day of January
2017, subject to the provisions of this License Agreement, in consideration of the sum of $1.00
per annum for the period state hereinabove, receipt of which in full is hereby acknowledged.
The parties further agree as follows:
(a) Effective immediately upon execution hereof, the Lease Agreement is
hereby rescinded.
(b) Licensee shall not assign this License Agreement or its possessory rights
to the Licensed Premises, in whole or in part, without the prior written consent of Licensor.
(c) Licensee shall insure said property as necessary to indemnify Licensor
against claims which may be asserted against the property or Licensor as owner thereof, by
reason of the use, possession or occupancy of said property by Licensee or other persons upon
the property at the invitation of or consent and permission of Licensee. Licensee shall further
indemnify and hold harmless Licensor against any and all loss or damages arising out of the
actions or negligence of Licensee upon said property.
(d) Licensee agrees to use and maintain said property in a manner consistent
with open space recreation requirements as promulgated from time to time by the State of
Illinois, Department of Conservation.
(e) The parties agree that the Licens=shall retain a strip of land 50 foot width
adjacent and parallel to the shoreline of the Fox River for special use as a river nature walk or
bike path. Licensee shall not use or plan any improvements or structures on said strip so as to
prevent said strip from being used as a river nature walk or bike path.
(f) If Licensee breaches any of the covenants on its part contained herein, it
shall be lawful in any such case for Licensor to re-enter upon said property and the term shall
be terminated.
(i) Licensor makes no representations or warranties as to the condition of the
Licensed Premises, nor status of title to same; Licensee hereby acknowledges that as Licensee
of the Licensed Premises since January 1, 1983; Licensee has had ample time to inspect the
condition of the Licensed premises and status of title as to same and does hereby accept sante
"AS IS".
IN WITNESS WHEREOF, the parties have signed this License Agreement on the date
first written above.
FOREST PRESERVE DISTRICT OF KANE COUNTY
By:
Its President
CITY OF ELGIN
By:_
Its Mayon
EXHIBIT A
That part of the Southeast quarter of Section 23 and
part of the Southwest quarter of Section 24, all in Township
41 North, Range 8 East of the Third Principal Meridian, de-
scribed as follows: Commencing at the point of intersection
of the center line of State Route 31 with the North line of
the Northeast quarter of Section 26, Township and Range a-
foresaid; thence Easterly along a line which forms an angle
Of 105° 56' (measured Southwesterly to Easterly from the
center line tangent of said State Route 31), 33.90 feet to
the most Northerly corner of the lands of the Department of
Public Safety, as described in Instrument dated March 30,
1961, made with the Department of Public Welfare, said
corner being on the Easterly right of way line of the said
State Route 31; thence Northeasterly, along the Easterly
right of way line of State Route 31, on a curve to the left
having a radius of 8218.16 feet and whose long chord forms
an angle 75' 17' to the left with a prolongation of the last
described course, for a long chord distance of 446.36 feet
(arc distance of 446.41 fest) to a point, said point being
33.0 feet radially distant Southeasterly of the center line
curve of said State Route 311 thence Easterly, along a line
which forms an angle of 68. 37' 50" to the right with the
prolongation of the said long chord (this course hereinafter
referred to as Line "A'), 811.09 feet for the point of
beginning; thence Northerly, along a line which forms an
angle of 85. 51' 54" to the left with a prolongation of the
last described course a distance of 1113.89 feet; thence
Southeasterly at an angle of 87'48' 16" to the right with a
prolongation of the last described course, a distance of
1085 feet more or less to the Westerly bank of the Fox
River; thence Southerly along the Westerly bank of the Fox
River to Line "A", as aforesaid, extended Easterly; thence
Westerly, along said Line "A", extended Easterly, a distance
of 609 feet more or less the point of beginning, in the City
of Elgin, Kane County, Illinois. Containing 20.9 Acres more
or less.
0
City of Elgin
January 17, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
Item No.
SUBJECT: Extension of Lease with Kane County Forest
Preserve for Continental Little League
f3Fj7W-*WD-
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a
lease contract extension with the Kane County Forest Preserve
for the use of Preserve property for the Continental Little
League program.
BACKGROUND
In 1996, the Mayor and City Council approved $150,000 of
funding to incorporate lighting on little league fields
throughout the city. Continental Little League received
$65,000 of this funding to light three of their seven base-
ball fields.
The current lease agreement between the City and the Kane
County Forest Preserve is scheduled to terminate on January
1, 2003: A 15 -year lease extension was requested by the City
to recognize the funding contributed by the City to improve
the Continental Little League facilities. The new lease
agreement executed by the Kane County Forest Preserve would
expire in 2017.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Kane County Forest Preserve and Continental Little League.
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
January 6, 1997
MEMORANDUM
TO: Monica Bates, Parks Director
FROM: William A. Cogley, Assistant Corporation Counsel
SUBJECT: Intergovernmental Agreement and License Agreement
Between the City and Kane County Forest Preserve
Attached for your convenience are additional copies of the
Intergovernmental Agreement and License Agreement between the
City and the Kane County Forest Preserve District. The
agreements provide an extension of the city's existing lease
of the approximate 20 acre parcel located on Route 31 in the
vicinity of the state police post. The Intergovernmental
Agreement and License Agreement would extend the city's use of
this property through January 1, 2017.
Please be advised that I have no comments with respect to the
agreements. I have forwarded to Loni Mecum the originals
signed by the Kane County Forest Preserve District. You
should arrange to have the agreements presented to the City
Council for approval.
��
nr
Attachment
cc: Michael R. Gehrman
Richard G. K
Approved:
Erwin W. Jentsch
January 6, 1997
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Assistant Corporation Counsel
SUBJECT: Intergovernmental Agreement and License Agreement
Between the City and Kane County Forest Preserve
Attached is a memorandum to Monica Bates regarding the above
referenced matter. Also attached are the original copies of
the proposed Intergovernmental Agreement and License Agreement
executed by the Kane County Forest Preserve District. Please
hold these original agreements until City Council approval.
vft�
WAC
nr
Attachment
January 6, 1997
TO:
Monica Bates, Parks
Director
FROM:
William A. Cogley,
Assistant
Corporation Counsel
SUBJECT: Intergovernmental Agreement and License Agreement
Between the City and Kane County Forest Preserve
Attached for your convenience are additional copies of the
Intergovernmental Agreement and License Agreement between the
City and the Kane County Forest Preserve District. The
agreements provide an extension of the city's existing lease
of the approximate 20 acre parcel located on Route 31 in the
vicinity of the state police post. The Intergovernmental
Agreement and License Agreement would extend the city's use of
this property through January 1, 2017.
Please be advised that I have no comments with respect to the
agreements. I have forwarded to Loni Mecum the originals
signed by the Kane County Forest Preserve District. You
should arrange to have the agreements presented to the City
Council for approval.
WAC
nr
Attachment
cc: Michael R. Gehrman
Richard G. Kozal
Approved:
Erwin W. Jentsch