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13-52 Resolution No. 13-52 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT TO LICENSE AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY REGARDING THE BURNIDGE AND EAGLES CLUB PROPERTIES 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 execute amendment to license agreement on behalf of the City of Elgin with Forest Preserve District of Kane County in connection with the Burnidge and Eagles Club Properties, a copy of which is attached hereto and made a part hereof by reference. s/ David J. Kaptain David J. Kaptain, Mayor Presented: March 20, 2013 Adopted: March 20, 2013 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) RESOLUTION NO. FP-R-6-13-2231 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE LICENSE AGREEMENT WITH THE CITY OF ELGIN EAGLES FOREST PRESERVE WHEREAS, it is deemed necessary and desirable to amend a License Agreement between the Forest Preserve District of Kane County and the City of Elgin, for the development and use of the Eagles Forest in accordance with the terms and conditions of the amendment to the agreement attached hereto and made a part of hereof as Exhibit A; and WHEREAS, said Exhibit A sets forth the respective responsibilities and rights of each of the parties to said amendment to the agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Forest Preserve District of Kane County, Illinois that the amendment attached hereto and made a part hereof as Exhibit A be, and hereby is approved. The President and Secretary of the Forest Preserve District of Kane County are hereby authorized and directed to execute said amendment on behalf of said District in accordance with its terms. APPROVED AND PASSED this 11th day of June, 2013. APP V Pr , o rd o Commissioners ATTEST: Forest Pres a District of Kane County Secretary, Board of Co missio s Ro;' I ••• s Forest Preserve District of K County ol 30 i I AMENDMENT TO LICENSE AGREEMENT This Amendment to License Agreement is made and entered into this 20th day of March, 201,3relating to that certain License Agreement dated March 13, 2007, by and between the Forest Preserve District of Kane County("Licensor") and the City of Elgin ("Licensee") for approximately 56 acres of land commonly known and referred to as the Burnidge Property and Eagles Club Property as more particularly described in Exhibits A and B to said License Agreement and referred to collectively therein as the"District Parcel''. The parties acknowledge that paragraph 4 of the License Agreement contemplated a completion date for certain improvements by March 13, 2012, but due to unforeseen circumstances, the improvements were not timely completed. The parties desire by this Amendment to License Agreement to extend the time period for completion of the improvements under paragraph 4 to July 1, 2017 and to clarify signage to be installed pursuant to said paragraph 4 and to require compliance with all then-current applicable government standards. Accordingly, for and in consideration of the mutual covenants contained herein the parties hereby agree as follows: 1. Paragraph 4 of the License Agreement is hereby amended to change the completion date for improvements to July 1, 2017 and the reference to signage at the District Parcel shall include an obligation of the Licensee to install an entrance sign that reads "Eagles Park and Forest Preserve"to be completed and installed by the completion of the improvements, which if completed in phases, shall be installed by the completion of the first of such phases. The parties further agree that the improvements shall be compliant with all then-current applicable government regulations, including for example, Americans with Disabilities Act compliance. IN WITNESS WHEREOF, each of the parties has caused this Amendment to License Agreement to be executed by the undersigned duly authorized representatives the day and year first above written. FOREST PRESERVE DISTRICT OF CITY OF ELGIN KANE COUNTY By: By' Its Presid t Its Mayor Attest: �(A City Clerk Memorandum City of Elgin Date: June 18, 2013 To: Kimberly Dewis, City Clerk From: William A. Cogley, Corporation Counsel/Chief Development Officer Subject: Amendment to License Agreement with the Forest Preserve District of Kane County Regarding the Burnidge and Eagles Club Properties Attached for the city clerk's file is an original executed copy of the above-referenced agreement. VW WAC ksb Attachment cc: Randy Reopelle (via e-mail w/attachments) Richard G. Kozal (via e-mail w/attachments)