Resolution 2009-19 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Resolution No. 2009 -�
RESOLUTION REGARDING THE HOOVER FOREST PRESERVE
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City ") and the
Kendall County Forest Preserve District (the "District ") entered into An Intergovernmental
Agreement concerning the Hoover Outdoor Education Center Property on November 9, 2004
(the "Agreement ") for the purpose of establishing their respective interests concerning the
acquisition and cooperative use of certain real estate known as the "Hoover Outdoor Education
Center" (the "Property ") which was owned by the Chicago Area Council, Inc. Boy Scouts of
America; and,
WHEREAS, pursuant to the Agreement, the District and the City agreed to work
collectively to obtain the necessary funds to purchase, operate and maintain the Property and
upon acquisition, the District would bear the responsibility for the operation and maintenance of
a certain portion of the Property (as identified therein) as passive recreational areas and the City
would bear the responsibility for the operation and maintenance of a certain portion of the
Property (as identified therein) as active recreational areas; and,
WHEREAS, it was agreed by the District and the City that upon acquisition said parties
would enter into a long -term lease or comparable agreement for the allocation of active and
passive uses of the Property; and,
WHEREAS, the District and the City further agreed that the Property would be annexed
into the City, and the City Police Department would provide police protection to the Property,
the City would provide, maintain and service the sanitary and water systems, and the parties
would share the costs of construction and maintenance of common area infrastructure
improvements, based upon usage, excluding sanitary sewer and water improvements; and,
WHEREAS, it was also agreed that the District and the City would cooperate in the
design and implementation and integration of architectural standards, uniform signage, lighting
and other aesthetic material in an effort to maintain a uniform appearance through the Property;
and,
WHEREAS, the District and the City acknowledged that while the use of the Property
was for the benefit of Kendall County in the entirety, the City's Department of Parks and
Recreation and the City's Residents would be entitled to preferential status in the scheduling of
the areas operated, maintained and managed by the City so long as the notification requirement
of the District and the City's Reservation Policies were satisfied; and,
WHEREAS, the District and the City have held numerous meetings over the years to
implement the terms of the Agreement, however, the District has refused to cooperate or permit
the City to be involved in the planning of improvements to the Property for its future use; and,
WHEREAS, despite the fact that pursuant to the Agreement, the City provided funds to
help with the acquisition of the Property, and despite the written terms of the Agreement, said
parties have not been able to come to an understanding as to the long term use of the Property
due to the District's unwillingness to permit any portion of the Property to be used as an active
recreational area; and,
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WHEREAS, the City has threatened legal action against the District for its unwillingness
to abide by the terms of the Agreement, however, the City now believes it is in the best interest
of its citizens to consider an offer made by the District of certain terms as hereinafter stated in
order to avoid the costs of litigation and to proceed to use its resources to create recreational
areas which respond to the requests of its residents.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the offer of the Kendall County Forest
Preserve District to terminate the Agreement and deliver to the City the following items of
consideration is hereby accepted:
1. On or before April 30, 2009, the District returns all funds paid by the City
including interest in a total amount of $740,000.00;
2. The District grants an exclusive perpetual 30 foot utility easement along Fox
Road and a temporary construction easement of 100 feet in width upon receipt of plans and specs
for the construction of its City's water and sewer systems;
3. On or before April 30, 2009, the District reimburses the City $25,000.00 for the
administrative and legal costs it has incurred in connection with its efforts to implement the
terms of the Agreement; and,
4. The City shall waive the City's fees as charged in connection with the hook up of
sewer and water to the Property at two locations when the City's sewer and water systems are
available to serve the Property.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
- day of -I PR I L , A.D. 2009.
ROBYN SUTCLIFF `/ JOSEPH BESCO V
I
ARDEN JOE PLOCHER V WALLY WERDERICH
GARY GOLINSKI h MARTY MUNNS r)
I
ROSE SPEARS BOB ALLEN
/ I
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of PfZ l L , A.D. 2009.
/ /'
Mayor
Attest:
fl p
�tp�T`l City Clerk
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