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97-79Resolution No. 97-79 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE NATURE CONSERVANCY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Robert O. Malm, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with The Nature Conservancy for the management of the Bluff Spring Fen Nature Preserve from January 1, 1997 to December 31, 2001, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 12, 1997 Adopted: March 12, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This agreement, made effective the 1 st day of January, 1997, by and between the City of Elgin, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as the "City"), and The Nature Conservancy, a non- profit corporation organized and existing under the laws of the District of Columbia (hereinafter referred to as the "Conservancy"); WITNESSETH: WHEREAS, the City owns a parcel of ecologically significant land known as the Bluff Spring Fen Nature Preserve (hereinafter referred to as the "Fen"), as is more particularly described in Exhibit A attached hereto and incorporated by referenced herein; and WHEREAS, the City desires to have the Fen managed by a group of volunteers in such a way as to protect the land and the ecosystem in its natural state; and WHEREAS, the Friends of the Fen is a group of volunteers willing to undertake this management responsibility; and WHEREAS, the Conservancy is a non-profit corporation dedicated to the preservation of ecologically significant natural areas for scientific and educational purposes; and WHEREAS, both the Conservancy and the Friends of the Fen desire to assist and participate in the development and periodic review of an approved Management Plan governing the management of the Fen; and WHEREAS, the Friends of the Fen have agreed to take primary responsibility for the implementation of the Bluff Spring Fen Nature Preserve Management Plan and for the ecological management of the nature preserve, including, but not limited to, prescribed bums, brush control, monitoring of endangered species, directing educational programs, and directing research; NOW THEREFORE, the parties agree as follows: 1. TERM: This agreement shall be in effect from the Ist day of January, 1997 to the 31st day of December, 2001, unless otherwise terminated as provided herein. LAMWORMELGIN-MADOC 2. CONSERVANCY RESPONSIBILITIES: The Conservancy agrees to provide the following services to the City in connection with the management of the Bluff Spring Fen Preserve: a. Assist the City in the development and periodic review of the Bluff Spring Fen Nature Preserve Management Plan. b. Provide expertise and other assistance as it deems necessary to the Friends of the Fen to facilitate their implementation of the Bluff Spring Fen Nature Preserve Management Plan, including, but not limited to, prescribed burns, brush control, monitoring of endangered species, directing educational programs, and directing research. C. In the event that the Friends of the Fen ceases to exist or otherwise fails or is unable to implement the Bluff Spring Fen Nature Preserve Management Plan or to provide for the ecological management of the nature preserve, the Conservancy will assist the City in recruiting volunteers to provide for the continued ecological management of the Fen. 3. CITY RESPONSIBILITIES: The City agrees to take the following responsibilities with respect to the management of the Fen: a. Work with the Conservancy and Friends of the Fen in developing and periodically reviewing the Bluff Spring Fen Nature Preserve Management Plan. b. Make a good faith effort to negotiate to lease from the Metropolitan Sanitary District the balance of the Bluff Spring Fen Nature Preserve for the purpose of protecting and managing the Fen as a single unit. 4. LIABILITY: The Conservancy agrees to maintain bodily injury and property damage insurance with a responsible company, naming the City of Elgin as an additional insured party, in the amount of not less than $3 million for injury to any one person and $1 million for property damage covering the activities on and the use of the Fen by the Conservancy and its employees under the terms of this agreement. The Conservancy agrees to bear the risk of any injury or damage to the Conservancy's employees or the Conservancy's property occurring as a result of the Conservancy's use of or activity on the Fen. 2 The Conservancy specifically does not assume the risk of any injury or damage to any volunteers, members of the Friends of the Fen, other persons or the public, or their property, occurring as a result of the activities of the volunteers, Friends of the Fen members, other persons, or the public. 5. TERMINATION: Either party may terminate this agreement, with or without cause, by providing thirty (30) days' written notice to the other party. 6. NOTICE: Where this agreement requires written notice of the submission of reports to the parties, these documents shall be hand delivered or mailed to the parties at the addresses set forth below: The Nature Conservancy ATTN: Paw 1 0 t 8 South Michigan Ave., Suite 900 Chicago, IL 60603 The Nature Conservancy ATTN: Legal Department 1313 Fifth Street S.E. Minneapolis, MN 55414 City of Elgin ATTN: Robert O. Malm 150 Dexter Court Elgin, IL 60121 If notice is mailed, it should be effective when deposited in the mail. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first set below. THE NATURE CONSERVANCY Bruce Boyd, Illinois State Director Date: '1_2 Attest: hu e-� City Clerk Date: 3 /f 7 17-7 EXHIBIT A That part of Lot 17 of the County Clerk's Subdivision of part of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian, in the City of Elgin, Cook County, Illinois, described as follows: Parcel I Beginning at the Southwest corner of said Lot 17; thence North 210- 11'-59" West, 1,384.82 feet to the South right-of-way line of Bluff City Boulevard; thence North 890-44'-02" East, 120.00 feet along the South right-of-way line of Bluff City Boulevard; thence South 810-21'-25" East, 3301.26 feet; thence South 210-54'-22" East 631.97 feet; thence South 6°-08'-20" West, 147.70 feet; thence South 98-46'-05" East, 518.34 feet to the South line of said Lot 17; thence South 890-23'-35" West, 225.00 feet to the Point of Beginning, containing 10.274 acres, more or less. Parcel 2 Commencing at the Southwest corner of said Lot 17; thence North 890-23'-35" East, 595.00 feet along the South line of said Lot 17 to the Point of Beginning; thence North 280-26'-35" East, 343.75 feet; thence North 850-13'-35" East, 204.17 feet; thence South 690-17'-27" East, 267.36 feet; thence South 790-15'-30" East, 555.05 feet; thence South 890-18'-19" East, 389.68 feet; thence South 00-51'-25" East, 98.26 feet to the South line of said Lot 17; thence South 890-08'-35" West, 415.26 feet along the South line of said Lot 17 to the Southeast corner of the Southwest Quarter of Section 19, Township 41 North, Range 9 East of the Third Principal Meridian; thence South 890-23'-35" West, 1,138.58 feet to the Point of Beginning, containing 6.510 acres, more or less.