Ordinance 2013-41 i
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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO . 2013-41
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
APPROVING A FOURTH AMENDMENT TO LEASE-DONATION AGREEMENT FOR THE
BLACKBERRY CREEK PROPERTY BY AND BETWEEN THE CITY AND CORLANDS
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Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 25 `x' day of June, 2013
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Published in pamphlet fonn by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on August 15 , 2013 .
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Ordinance No . 2013-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A FOURTH AMENDMENT TO LEASE-DONATION AGREEMENT FOR THE
BLACKBERRY CREEK PROPERTY BY AND BETWEEN THE CITY AND CORLANDS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the " City") , is a duly
organized and validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City desires to continue to lease certain property from Corporation for Open
Lands, an Illinois not-for-profit corporation ("CorLands") pursuant to a Fourth Amendment to Lease-
Donation Agreement by and between the City and CorLands (the "Lease ") , attached hereto and made a
part hereof, in accordance with the terms and conditions therein specified .
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows :
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Fourth Amendment to Lease-Donation Agreement by and between Corporation
for Open Lands , an Illinois not-for-profit corporation, and the United City of Yorkville in the form
attached hereto is hereby approved and the Mayor and City Cleric are hereby authorized and directed to
execute same.
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Section 3. The Mayor is hereby authorized to undertake any and all actions as may be required
to implement and enforce the provisions of said Lease, and, in particular, any and all undertakings on the
part of the City as itemized therein.
Section 4. That this Ordinance shall be in full force and effect upon its passage, approval , and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
6? 5 Day of JUME , A. D . 2013 .
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1],EPOT`f CITY CLERK
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CARLO COLOSIMO / DIANE TEELING —�
JACKIE MILSCHEWSKI / CHRIS FUNKHOUSER —
KEN KOCH LARRY KOT _ \
ROSE ANN SPEARS _ JOEL FRIEDERS
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
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OX0 Day of JUuE , A.D . 2013 ,
MAYO
Ordinance No . 2013 - L4 Y61
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Fourth Amendment to Lease-Donation Agreement
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This Fourth Amendment to Lease-Donation Agreement ("Fourth Amendment") is made
this d (o day of J V /JE , 2013 , by and between OPEN LANDS , an Illinois
not-for-profit corporation ("Openlands") , and UNITED CITY OF YORKVILLE, a unit
of local government ("Yorkville") .
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WHEREAS, Yorkville and Openlands, as successor in interest by merger to CorLands ,
(collectively, the "Parties") entered into a Lease-Donation Agreement on July 11 , 2003 ,
first expiring July 11 , 2008 ; and
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WHEREAS , the Parties extended the Lease-Donation Agreement for an additional one-
year term under an Amendment to Lease- Donation Agreement dated September 9 , 2008
(the "First Amendment") ; and
WHEREAS , the Parties extended the Lease-Donation Agreement for an additional one-
year term under a second Amendment to Lease-Donation Agreement dated September
22 , 2009 (the " Second Amendment") ; and
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WHEREAS , the Parties extended the Lease-Donation Agreement for an additional three
one-year terms under a third Amendment to Lease-Donation Agreement dated
DEEc in 6aZ 14 , 2010 (the "Third Amendment") ; and
WHEREAS , the three one-year extensions under the Third Amendment expire on July
11 , 2013 , and the Parties desire to extend the Lease-Donation Agreement for three (3 )
additional one-year terms .
NOW THEREFORE, the Parties agree as follows :
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1 . The Lease-Donation Agreement shall continue in effect for an additional one-
year term ;
2 . All of the terms of the Lease-Donation Agreement are hereby ratified and
approved and shall remain in full force and effect; except that the commitment
fee for this current one-year term shall be $ 12 , 000 . 00, due within thirty (30)
days of Yorkville ' s execution of this Fourth Amendment.
3 . The parties agree that Yorkville may, at its option, extend the term of this
Third Amendment for an additional one-year tern , through July 11 , 2015 ,
upon receipt by Openlands of an additional $ 12 ,000. 00 commitment fee on or
before July 11 , 2015 ; and for a second additional one-year term, through July
11 , 2016 , upon receipt by Openlands of an additional $ 12, 000 . 00 commitment
fee on or before and July 11 , 2016 .
4 . Yorkville acknowledges and agrees that Openlands may, at its sole discretion ,
convey Parcel 2 during the term of this Amendment in accordance with
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Paragraph 3 . 1 of the Real Estate Donation Agreement dated July 11 , 2003 ,
between Openlands, and MPI-2 Yorkville South 1I LLC , an Illinois limited
liability company.
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day
and year first above written .
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UNITED CITY OF YORKVILLE ,
A unit of local government
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By; GARY J . Coc 1464
[signat r [printed]
Its : ADO (Z
OPENLANDS ,
An Illinois not- for-profit corporation
[signature] ice^ [printed]
Its : i/LC5 I 0 C�j r - k/- Eo
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