Park Board Packet 2007 02-22-07 III
YORKVILLE PARKS & RECREATION DEPARTMENT
Administration Office — Riverfront Building
301 E. Hydraulic St Yorkville, H, 60560 630-553-4341
Park Board Agenda
Thursday, February 22 , 2007
7 :00 p.m. - Park Board Meeting
Riverfront Building
Call to Order:
Roll Call : Chris Rollins, Ken Koch, Van Truman, Gary Golinski, Debbie Horaz,
Seth Schoonover, Kelly Sedgwick, Alderman James Bock
Introduction of Guests, City Officials and Staff:
Alderman James Bock - City Council Liaison
Director of Parks and Recreation - David Mogle
Superintendent of Recreation - Sue Swithin
Superintendent of Parks - Scott Sleezer
Park Planner - Laura Haake
Public Comment:
Presentations :
Approval of Minutes:
Minutes - Regular Park Board Meeting - February 22, 2007*
Bills Review:
Cash Analysis*
Bill List*
Old Business:
School/Park Agreement Tennis Courts Update*
Athletic Field Reservation Fees*
MPI South Letter of Understanding*
Townes of Windett Reserve
Caboose Acquisition Research*
YMCA Partnership Update
New Business:
Draft Hoover License Agreement & Conceptual Plan
Blackberry Woods Annexation Agreement Amendment*
Recreational Trail Grant Application/Wheaton Street Woods*
Beaver Street Building Recreational Use*
Reports:
Parks Report
Recreation Report — Tournament Requests
Additional Business:
Grande Reserve Regional Ball Diamond Fence Update
New Park and Recreation Office and Moving Schedule
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Executive Session :
For the appointment, employment, compensation, discipline, performance
or dismissal of specific employees of the public body or legal counsel for
the public body, including hearing testimony on a complaint lodged
against an employee of the public body or against legal counsel for the
public body to determine its validity.
Adjournment:
Next meeting : March 8, 2007
*Items needing Board approval or recommendation
UNITED CITY OF YORKVILLE
YORKVILLE PARKS & RECREATION DEPARTMENT BOARD MEETING
Parks & Recreation Administrative Office Riverfront Building
Thursday, February 8, 2007
MINUTES
CALL TO ORDER:
Meeting was called to order by Chris Rollins at 7:00 p.m.
ROLL CALL:
Chris Rollins, Ken Koch, Van Truman, Gary Golinski, and Debbie Horaz
GUESTS/CTI'Y OFFICIALS/STAFF:
Dave Mogle, Director of Parks and Recreation
Sue Swithin, Superintendent of Recreation
Scott Sleezer, Superintendent of Parks
Alderman James Bock
Dan Kramer, regarding Edward Hospital
Alderman Valerie Burd
NEW BUSINESS:
Edward Hospital Development
The Board unanimously consented to move this agenda item next in the meeting
schedule. Dan Kramer presented an updated drawing for the Edward Hospital area. City
Council two weeks ago approved an annexation amendment for the Edward Hospital
Project. This development starts at the east of the intersection of 126 and 71 and balloons
out in a triangle and backs up against the Crooked Creek Subdivision. It is near the
residential unit of Wildwood which contains half acre lots. On the other side of the
ComEd tracks is more property owned by Fox Valley Farm Partnership which some is
zoned multi-family and the rest is zoned manufacturing. It was all zoned R2 and
originally would have included 250 new houses within the school district, but instead a
clinic will be at the south entrance. The access will be cut through across from the
subdivision already there. A traffic light will most likely be generated at that location.
To build a hospital, state hearings are attended. If a clinic is under $6 million, permission
is not needed. There is not a clinic south of the river. By the year 2020 there maybe a
need for two hospitals; the new Edward Hospital could fill this need. This could help the
growth on the south side of Yorkville.
The original Edward drawing showed a section of large lots with heavy wooded land.
There is a heavy area of hardwood trees. With the planned amount of houses, about 1
acre would be generated for park land contribution. The hospital would like to match that
contribution with an additional acre at no charge, maybe 3 total if it works out geometric-
ally. It is open for discussion if through a grant or other means the entire 11 acre wooded
area could be purchased by the City and stay undeveloped. The proposed annexation
agreement states that if no one is interested in this land, the City has an 1 year option to
apply for a grant. Another 90 days could be extended if a grant outcome is pending for
the city. The wooded area was planned for residential development because when the
land was purchased that area had to be included in the purchase.
There was a neighborhood meeting of all that would receive legal notice and about 80
people attended. The Edward Management Team was there to answer questions. The
team reassured the people that the residential area will have a high end builder so the lots
will have buyers. The annexation agreement requires a minimum of 16,000 square foot,
almost half acre lots. If the land does not become park, the agreement states that at the
rear 50' of each lot, there are to be no live trees cut down for a conservation easement.
Helicopters were addressed as a concern. This would not be a high level trauma center,
so a busy month may have 4-5 helicopters. An average month may have 1 or 2
helicopters.
This property will work with Parks and Recreation on preserving the wooded area for a
large park area. Dave Mogle, Ken Koch, Debbie Horaz, and Gary Golinski attended the
most recent City Council Meeting. At that meeting, Council spoke of trying to preserve
the woods and talk of grants that would help with this. A meeting is set up on
Wednesday with Corlands to visit and discuss the site and what arrangements would be
needed for Corlands to purchase the site and hold it while the City applies for and awaits
a decision on an OSLAD grant.. The OSLAD Grant is best for land acquisition with the
possibility of a maximum $750,000 match. The grant cycle starts on July 1st and the
approval would be known in January of 2008. In answer to how applying for a grant for
the purchase of this property would impact our ability to apply for a development grant
for another park, Dave Mogle said that separate applications could be submitted for a
development grant and a land acquisition grant. According to our grant consultants
applying for two grants does not impact us negatively. Dave Mogle said that the Edward
group has been great to work with and very accommodating.
Chris Rollins suggested looking into Conservation 2000 Funds as another option. Parks
and Recreation could tandem with the Forest Preserve or file separately for passive and
active area in woods.
Edward Hospital is still open to the city managing the future fitness center. It would be
built by the developer and leased to the city if interested. The interactions with Edward
have been very positive.
The value of the wooded piece for development is not assessed yet. A developer would
decide the land worth. Dan Kramer is guessing the assessment of the land could be
between 90-180 days. The land is pricey, but it is anticipated that a taker will not buy
soon, giving enough time and opportunity for the land to become public. Sixteen acres
could be used for residential and 11 acres are woods._ Ken Koch questioned if part of the
land could be used by the city if not the entire land. Mr. Kramer said that if the central
section was preserved, probably 90% of the woods could be saved. The area to the south
of this could be an active park. There are no parks in this area of the city, so it would be
nice to add an active park. If a developer puts in the suggested cul-de-sac, probably 30%
of the trees would be cut down.
The permit for the clinic and the highway access will be applied for during the summer.
Construction of the clinic building should start by fall. Probably after this year, a hay
cover crop will be planted to produce green land and help with erosion. Dan Kramer
anticipates just the MOB in the next 2-3 years and the fitness center after that. Space
would be available for 2 more offices. There may be a second clinic in 3 - 5 years. A 5
acre area within the Edward Development is still owned by the original owners and will
be used for compatible office space.
Two tree inventories were done and trees are tagged. The Corlands option would be
short term. They are in the land preservation business. The Conservation Foundation is
another resource.
APPROVAL OF MINUTES:
The minutes from the Regular Park Board Meeting of January 25, 2007, were approved
on motion by Gary Golinski and seconded by Van Truman. The motion was
unanimously approved.
BILLS REVIEW:
Cash Analysis & Bill List
Alderman Marty Munns has officiated games for the Parks and Recreation Department
for at least 3 or 4 years. Last year at the end of the season it was discussed whether it is
allowable or appropriate under the City's Ethics Ordinance, to do this work for Parks and
Recreation while being an alderman and voting on budget matters Sue Swithin on
September 11 , 2006, emailed the city attorney to look into the situation. A couple of
weeks later Sue and John Wyeth verbally spoke, and he said there were no legal issues
with refereeing for Alderman Moons. Sue Swithin was not aware that later, the city
attorney advised Alderman Munns (prior to this season) to not officiate games assigned
by Parks and Recreation. Alderman Munns agreed to that. However, during this
basketball season, Alderman Munns did officiate on two Saturdays when referees were
needed and the games were in jeopardy of being without a referee. The referees for the
men's league are contracted out.
Chris Rollins provided some background on the issue. This issue came up while Dan
Kramer was still the city attorney. At that point in time the discussion was if a person
accepts payment from the City, one should not vote on city funding due to a conflict of
interest. The Board according to legal advice understood that Marty Munns was.not
going to referee games at Yorkville activities It is a matter of policy that an alderman is
not paid for city work. Chris Rollins expressed that it is not a matter of not wanting
Marty Munns to referee for the City, but the concern that he may have repercussions to
his actions related to his alderman duties.
Sue Swithin wants to get in writing from the city attorney what the expectations are in
this issue. Gary Golinski brought a letter from Dan Kramer when he was the city
attorney that stated that it was OK for Alderman Munns to work as a subcontractor for
the city under the conditions of 1) earning less than $2000 a year 2) abstains from voting
on money issues, 3) and he discloses that he is an alderman. Otherwise it is a violation of
state statue. Van Truman said the last time this was discussed was after Council talked at
length about the City's nepotism policy. Alderman Munns is clearly not violating the
nepotisim policy, but it is questioned how this policy relates to the issue. Chris Rollins
thinks it is the alderman's choice and his personal responsibility. Dave Mogle requested
a copy of the letter from Dan Kramer from Gary Golinski. He will share this with John
Wyeth. Related to elected officials serving as independent contractors, Alderman Burd
stated her husband provides pictures for the city for free to address the nepotism issue.
A note will be attached to the signed check for Marty Munns after Dave Mogle talks to
the city attorney again. The Board will pay him. Van Truman motioned to approve the
cash analysis and bill list. The motion was seconded by Debbie Horaz. Roll call
vote: Chris Rollins –Yes, Ken Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, and
Debbie Horaz-Yes. The motion was unanimously approved.
OLD BUSINESS:
SchoollPark Agreement and Tennis Courts Update
To be courteous, the unanimous consent of the Board was to move this agenda item up
while Alderman Burd is present. The Board is aware from the past board meeting that
the School District would like to partner with the City to refurbish 6 courts by the middle
school and to build 4 new courts on the land currently having a parking lot by Yorkville
Grade School. To refurbish courts would cost between $70,000 and $80,000. About
$35,000, maybe less because of the existing base, would build each new court without
lights on the land of the existing parking lot. There have been conversations with Dr.
Engler, Alderman Burd who acts as the liaison to the school board from City Council,
and Dave Mogle. Dr. Engler wants the 6 refurbished courts started soon so they are
ready for the fall. The new courts are not as high a priority.
Valerie Burd said Dr. Engler gave the estimate of $ 110,000 for the 4 new tennis courts.
Dr. Engler found a 1975 contract stating that the City and the School District would share
the tennis court costs for the existing six courts. When Alderman Burd asked if City
Council could help with the cost, the city finance director assured the City that money
could be used out of the general fund for the tennis courts. As a result, Parks and
Recreation would be free to use own money for own department projects such as the
Raintree tennis courts. On Tuesday's Council meeting, a commitment letter will be
proposed, stating that the City will do this. Some aldermen are excited for this
opportunity and ready to add bleachers. The City could make the payment in June.
The Board has been aware of the agreement with the School District and the City, and
has helped financially in the past. There is concern with the 6 courts and 4 additional
courts being in an already congested area without adequate parking. The Board had
discussed a 10 court plan on the west side of Game Farm Road, instead of putting so
much money into courts in bad shape and taking more space in the congested area. Two
objectives are to find the most efficient way to spend money and minimize the usage
limitations between Parks and Recreation and the School District. The Board is worried
of limited use of recreational access to courts on school property if Parks and Recreation
does not help fund them. It is recognized that the City is jointly responsible for
maintaining current courts.
Ms. Burd stated Dr. Engler said it is cheaper to refurbish the courts and use an already
graded site for the new courts. Also, his concern is that there are some underground
utilities in the Park Department's proposed 10 court site.
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When Dan Kramer was asked about the area of land near the high school and who was
meant to acquire it from the State, he believed that the grant from the State was only for
the property of the footprint of the high school building. The city and the school jointly
shared the cost of grading the land and bringing in utilities. The city has already paid that
cost.
Valerie Burd was told the building of the new courts would cost $ 10,000 less because the
land was already compacted with the parking lot foundation. The City would contribute
$40,000 for refurbishing (half of the cost) the original courts. Architectural plans have
already been drawn and with the quick timeline for fall, the school wants these highly
used facilities started immediately. Ms. Burd thought this was an ideal solution because
the kids would get their tennis courts, 10 courts would be available by the fall, and Parks
and Recreation could use their funding where they see fit. She is willing to entertain
another option, but it would need to be done quickly for fall usage.
Laura Haake had designed a rough sketch of Parks and Recreation's proposed 10 tennis
court plan on the side of the high school. This was discussed at the last Parks and
Recreation Meeting. Ms. Burd said the City is in a legally binding agreement with the
School District, so $40,000 has to be given for the courts. The agreement is between the
2 contributors — the City and the School District. There is not a third contributor at this
time.
Van Truman asked what is Dr. Engler's long term goal. It sounds like the 6 courts are a
given. A compromise could be that the original courts are refurbished this year and new
courts are built across the street. When original courts are up for fixing again, then
additional courts are built in the new location adding up to 10 total newer courts.
Time and money of the City were put into plans for lighted tennis courts at Raintree (a
site adjacent to the new middle school) which were courts the School District originally
suggested. Just last month, was the first time the Board heard that the courts by the
middle school were not a high priority anymore by the School District. Now the decision
has to be made about refurbishing the courts which is an obligation the Board will abide
by. Chris Rollins feels that more research should be done before decisions are rushed.
During the tennis season, the School District knew the courts were bad. They should
have come to the Board earlier for money for repairs to respect the Board's budget. Van
Truman pointed out that the School District finished architectural plans without any input
from the Parks and Recreation Department. When Raintree was planned, many meetings
included the School District's input and suggestions modified the plans.
Sue Swithin said the tennis courts were built in 1975 and have been sealed many times
over. She would research what is the most cost effective method. Dave Mogle said the
renovation planned will be almost like new courts. It was figured that the $80,000 in
repairs could build 2 new courts. For 4 courts the cost was $ 110,000 on a parking lot
which has an existing base. From a programming standpoint, Sue thinks it would be
ideal for tournament play to have 10 courts together with lights. It would not be good to
have separate courts across the street. However, Alderman Burd said a pedestrian bridge
may be built eventually. Parking for high school events is so limited and that area gets
filled for City Hall. Sue Swithin would not like things moved along so fast without the
consideration of building possibly 4 courts with expansion in the future. This would ease
the congestion.
Dave Mogle said that Dr. Engler is very committed to the 6 current courts whether the
City is involved or not. If the City does not commit, then he would have to go to the
School Board and decide if fees for usage would be charged. Valerie Burd said the City
has budgeted in for $110,000 for the 4 new courts and will pay $40,000 to refurbish the 6
courts because of the agreement. Some of the money out of the general fund was loaned
to the library and will be returned in June and used.
Chris Rollins brought up the question that if or when the courts increase to 10, will Parks
and Recreation or the City then be responsible in maintaining all of those. Alderman
Burd does not know those details. Probably a new agreement will be made.
The Parks and Recreation's proposed 10 court complex was shown to Dave Dockstader
and Seth Schoonover, but not sure if Tom Engler had seen the plans or not. Dave Mogle
will see Dr. Engler on Monday and will show him the 10 court plan as an alternative.
Chris Rollins expressed his gratitude for Valerie Burd's time and considering the Board's
budget. He is concerned of future responsibility of 10 courts and the maintenance costs
that will be charged with little time to plan the budget.
Chris Rollin's son plays on the existing courts. Mr. Rollins believes that they are not
adequate for high school play. The 3 levels of bleachers are filled with tennis players and
there is not seating for fans. Parking is a problem. Alderman Burd said the reality is that
the School District decides where the tennis courts will be unless they can be persuaded
otherwise. In good faith, the School District should hear the benefits of the 10 court
complex option. Grant possibilities may be available for the land across the street.
However, time is needed for this. An option is for the City to help with refurbishing the 6
courts. Parks and Recreation could pay for 5 new courts across the street. Then long
term, 5 more could be built to mirror the first 5. One half could be refurbished at a time,
with half usable at that time. It would have to be decided on how to schedule and
maintain these courts. Perhaps the School District could purchase lights for the new
courts. A new agreement should then be written since the maintenance of the 6 older
courts would be transferred to the new courts. A letter of commitment for the 6 courts
will be presented at City Council next week which the Board feels is appropriate.
Ms. Burd will talk with Dr. Engler about the option of putting 5 new courts across the
street. Alderman Burd addressed points regarding the discussion if the City would still
commit to spending the $ 110,000 if the courts were at a different location with the
possibility of gaining some money back if a grant went through. She said the idea was
attractive to City Council because they would see the end result this year. The money
would not be a seed for possible construction. Staff said 5 courts could be a possibility
for this year. Laura Haake will be asked to design 5 courts without lights and bring the
details back to the Board with numbers.
Dave Mogle summarized that the 6 courts will be refurbished with the financial help of
the City. Parks would like 5 courts across the street using supplemental (not parks and
recreation) city funds to build them. Parks will look at the School District plans and the
School District should look at Park's plans. Valerie will call Dave regarding what Tom
Engler said when she talks to him before Tuesday night's meeting.
According to Mr. Rollins, this is an example of why communication should improve with
the two boards. The venue (a designated committee) to do this should be utilized more
frequently. The Parks and Recreation Board's mission is to provide the community with
parks and recreational opportunities. There is synergy when partnering with another
group for a single site. It makes sense to collaborate with the School District when
developers give certain amounts of land. The park board wants to leverage all resources
to the greatest advantage, so an effort to collaborate together on the part of both boards is
important.
OLD BUSINESS:
General Policies for use of Parks, Fields, and Facilities
The highlighted areas are changes that were requested. The second item on the list now
adds, "with the exception of light weight plastic practice balls." The last item changed
the head umpire to "Parks and Recreation employee, tournament director, or the
representative of a private rental, will be the designee for acquiring the key for the
electrical box and turning lights on and off according to posted instructions and for
unlocking and locking the bathrooms."
Ken Koch wondered if a person is needed to check the fields and turn off the lights. Scott
Sleezer could be called electronically if lights are not off at a certain time. Timers could
be used for lights to go off at a certain time. A security deposit could be used toward
lights not being turned off in time.
At the last board meeting it was decided that all tournament requests would be brought to
the Board. Under Tournament Athletic Field Reservation Policy — B: Small
Tournaments, now reads, "Athletic field reservation requests for small tournaments shall
be submitted in writing at least 45 days prior to tournament date with a written response
from the Park and Recreation Department guaranteed at least 30 days prior to the
tournament date. Small tournaments shall include, but not limited to city-wide or county
tournaments." The major tournaments still require 9 months prior to requested date.
Point C - Special Requests changed by omitting "selling concessions (including items to
be sold and their prices)" and adding "fundraising activities". Concessions will be
offered to teams, but the Parks and Recreation Department will do the selling and collect
the revenue. Sue Swithin has the discretion to have the concession stand open or not
depending on the number of teams and games within a day.
Under D - Procedure the last sentence reads, "Special tournament and use requests shall
be approved by the Park Board."
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Motion to approve the General Policy for use of Parks, Fields, and Facilities was given
by Ken Koch and seconded by Gary Golinski. Roll call vote: Chris Rollins Yes, Ken
Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, and Debbie Horaz-Yes. The motion
was unanimously approved.
Motion to approve the Athletic Field Reservation Policy was given by Gary Golinski and
seconded by Van Truman. Roll call vote: Chris Rollins –Yes, Ken Koch—Yes, Van
Truman-Yes, Gary Golinski—Yes, and Debbie Horaz-Yes. The motion was
unanimously approved.
Motion to approve the Tournament Athletic Field Reservation Policy was given by Van
Truman and seconded by Debbie Horaz. Roll call vote: Chris Rollins –Yes, Ken Koch—
Yes, Van Truman-Yes, Gary Golinski—Yes, and Debbie Horaz-Yes. The motion was
unanimously approved.
Athletic Field Reservation Fees
Van Truman questioned Point G and the third item. He wondered why half of the fees
would be refunded if the game is cancelled. This is common for tournaments.
Sometimes even less is refunded, because the fields are prepped, trophies are bought, etc.
Games can be rescheduled though, for no additional cost. Chris Rollins questioned Point
D in which states, "Public and parochial schools that provide school facilities to the City
of Yorkville at no charge shall have free reserved use of City athletic fields." In the
current agreement, Schools and Parks and Recreation can't charge each other fees. When
police officers are provided, it is considered an exchange of services in-kind. Sue
Swithin will keep track of fields and use of lighting. Lights cannot be charged as it
stands. The city attorney will be notified to check with how the agreement reads.
Also within Point D. the last sentence reads, "The Parks and Recreation Department may
give consideration to the waiver or partial waiver of fees for youth organizations if
deemed in the best interest of the City to do so." Chris Rollins thinks this is too broad of
a statement that could pertain to most groups. Van Truman suggested that after
organization, add `only provided for in an active agreement". Most of the last line of D
is omitted, "if deemed in the best interest of the City to do so."
YYBSA had not been charged for fields in the past. Parks and Recreation has not gained
revenue from YYBSA. How will the issue of light charges be handled for YYBSA? If
YYBSA hosts tournaments, there will be a light fee. Parks and Recreation has first
priority for field usage after 8 p.m. YYBSA needs to be off the fields before the lights go
on or the organization can pay a light fee for night games. A memorandum to YYBSA
policy should be given to this group soon. Other organizations could book available
night games if requested and granted. However, Scott Sleezer said that it takes
maintenance an hour to prepare one field.
Ken Koch thought $25 per hour is high for the usage of lights for one field. In his
research, he has found lighted fields for $ 10 or $ 15. If this fee is intended for YYBSA,
the group needs to be notified promptly in case the league fees need to include money for
lights or additional fundraising is needed. Other board members think the fee is
reasonable. The first year is an experiment and will be a learning experience. Scott
Sleezer reminded the Board that $400,000 was spent on lights. The lighting fees will
help build a fund for replacement bulbs and other repairs
As a courtesy, Dave Mogle did say that YYBSA could sell shirts and other non food
items through the concession stand to raise revenue to help pay expenses such as light
fees.
On the last page, Ken Koch asked if a third package be available for tournament play
without lights. The difference between the listed packages of 1 and 2 is Package 2 has
one less field on Sunday and no lights usage on Sunday. Package 3 was added and offers
Package 1 or Package 2 without lights and $100 discount for either option of 1 or 2.
Dave wanted to get input about Point E - Payment of Fees. "Groups reserving an athletic
field on a seasonal basis shall be billed by the Recreation Department with payment
expected according to the following schedule: one half by the first usage date, and one
half by the midpoint of the season. At the end of the season, adjustments will be made
and either an additional billing or a refund of fees paid in excess will occur, whichever is
necessary." The Board is fine with this statement. Point F with the security deposit
changes seems reasonable. Staff will establish a fee for YYBSA. Chris Rollins
suggested that a deposit formula be based on history of costs of repair and labor costs
within field usage and multiply times two for the nicer fields. Scott Sleezer said with
increased bathroom use, vandalism usually goes up too.
By Sunday, Dave Mogle will edit the reservation fees and will have talked to Staff about
the specific security deposit for YYBSA. He will meet with YYBSA on Sunday night.
This will be brought back to the Board to approve.
Grande Reserve Regional Ball Diamond Fence
Three hundred foot fences are a possibility at center and the left and right fields at the
foul lines are 250' or 260'. A fence of 280' throughout the outfield is another option, but
that is not correct for a field. When measuring the fence, it should be from second base.
Women's and men's slow pitch softball use measurements of 265 ' and 315'. Pony
League is 260' or 250' and 300'. Sue Swithin would recommend all 3 fields the same.
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There is board consensus for the fields to be at 260' at left and right field corners and
300' at center field, for all fields.
YMCA Partnership Update
Andrew and Dave will have a conference call with a financial firm next Tuesday. There
are no more meetings scheduled with YMCA at this time.
NEW BUSINESS:
Brighton Oaks II Draft Letter of Understanding
Dave Mogle will communicate with Vince Rosanova through a letter that confirms that
"the trail easement would be 50'and that a link would be made to the Yorkwood Estates
Development to the northwest." It is recommended that this letter be sent.
MPI South Draft Letter of Understanding
Dave Mogle said relations with MPI South have gone well. The only questionable area is
the following under Park Donations: "The Cash-hi-Lieu contribution, or an equivalent
combination of cash-in-lieu and grant funding, will be used by the City towards the
construction of recreational amenities within or adjacent to the subject property unless
otherwise agreed to by both Parties." Dave wants this changed because if for example,a
community park is outside of the boundaries of the development, Parks can't use cash-in-
lieu contributions for development of the park. Chris suggested to rephrase the above, "It
is our intent to use park donations within or adjacent to the development, but we reserve
the right to use cash-in-lieu funds for a central facility that benefits all citizens in the
community." This would provide more flexibility.
Dave will write the letter and insert that language and bring it back to the Board.
Annexation agreements require now a letter of understanding. This is the last chance of
clarification between the developer presentations and the annexation. Chris Rollins
encouraged Dave to contact the city attorney on how legal and binding these letters are
and if any different language is needed.
List of Dedicadons/Ribbon Cuttings
At the Board Retreat, it was discussed how to better relations with City Council by
holding dedications or ribbon cuttings for new or renovated areas. Aldermen and the
community would be invited to events such as open houses at Cannonball Ridge and
Heartland Circle, completed offices at Old Post Office and the Regional Ball Fields with
the new fences.
Chris Rollins noted that he stopped by the Old Post Office and is very impressed. The
walls look better than the original cubicles planned and the back door looks good.
Additional Business:
Rick Murphy and Dave Mogle met, and he seems positive on the fence funding. He will
talk with Anthony Pasquinelli about it. He was giving suggestions on how Dave should
write the letter to Mr. Pasquinelli.
Another letter included in the packet is addressed to Dave Duman from Dave Mogle. He
will be overseeing the installing of the Regional Park ball.
ADJOURNMENT:
The meeting adjourned at 10: 15 p.m. following the motion by Van Truman and seconded
by Ken Koch. The motion was unanimously approved.
Minute Taker—Eileen Lesak
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MEMORANDUM
TO: Yorkville Park Board
FROM: Dave Mogle, Director of Parks and Recreation
RE: Old Business
DATE: February 20, 2007
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SCHOOL/PARK AGREEMENT AND TENNIS COURTS UPDATE
The City Council last week approved the City sharing 50% of the costs of the refurbishment of
the School District tennis courts by the Yorkville Middle School, not to exceed $40,000 and
pending that the funds can be found in the budget. Discussion of the four new courts proposed
for the area that is currently a parking lot by Yorkville Grade School was held, but tabled until
the park board had more time to consider the matter, including further research on alternate
options. The City Council wants the matter brought back to the March 6 COW meeting.
Background material provided includes a current drawing of the existing courts and parking lot
and a drawing that depicts how new courts would look. The only new information is that the
land on the west side of Game Farm Road is owned by the Cemetery. Dr. Engler plans on
coming to the park board meeting to answer questions.
ATHLETIC FIELD RESERVATION FEES
Staff is bringing back this proposal with some modifications as discussed on February 8.
YYBSA did meet with staff concerning the fee structure and provided input to the process.
Staff will be recommending the fees be approved following discussion.
MPI SOUTH LETTER OF UNDERSTANDING
A subsequent meeting with MPI South representatives has resolved the matter of using a portion
of land cash contributions toward parks and facilities that do not necessarily border the
development. After some negotiation it was agreed to allow up to 25% of the funds for this
purpose, or more if agreed to by both parties. Staff is satisfied with this direction as it grants us
approximately $280,000, or more by agreement. Staff recommends the approval of the attached
letter of understanding.
TOWNES OF WINDETT RESERVE
At a presentation last Fall Wiseman Hughes discussed the Townes of Windett Reserve and the
Park/School site. No boundary separating the park and school grounds had been agreed to. It
was recommended and acceptable to the park board to include the 6.6 acre park in Windett Ridge
which borders the Park/School site to the north, with the 3 acres of park in the Park/School site
and the 18 plus acres of school, in the total footprint of both park and school to get the best
possible configuration for park and school. Background materials include three possible
scenarios for the final boundary. Staff would like the board's direction. A decision is not
needed at this meeting.
CABOOSE ACQUISITION RESEARCH
Staff will inform the Park Board of costs associated with acquiring the caboose and moving it.
Staff will be looking for direction concerning this project.
YMCA PARTNERSHIP UPDATE
An update will be provided concerning the talks with the YMCA on an indoor pool joint project
which was not possible at the February 8 meeting because of having not had a discussion with
the City's Bond Counsel.
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February 12, 2006
MPI #6, South Yorkville LLC
Moser Enterprises, Inc.
401 S. Main St. Suite 300
Naperville, IL 60540
Attention: Ms. Wendy Yaksich
RE: Letter of Understanding
Dear Ms. Yaksich,
Pursuant to the ANNEXATION AND PLANNED UNIT DEVELOPMENT
AGREEMENT between MPI #6 South Yorkville LLC and the United City of Yorkville,
a Letter of Understanding from the United City of Yorkville Park Board shall be
documented.
Please consider this letter as that documentation that the Park Board has reviewed
the language in Section 16 Park Donations and confirms its support of the donation
as described in the Agreement.
Si erely,,
David Mogle
Director of Parks and Recreation
cc: Park Board
I
Page 1 of 1
Dave Mogle
From: Wendy Yaksich [wyaksich @ moserenterprises.com]
Sent: Tuesday, February 13, 2007 5:54 PM
To: Dave Mogle
Cc: tmiller @yorkville.il.us; John Wyeth; John Philipchuck
Subject: RE: My Understanding of Language
Dave-
I agree with your summary. Please find below the new 1St paragraph of the Park Donation section. No
other changes have been made to the Park section of our agreement. Thanks for your help.
-Wendy
16. PARK DONATIONS. The total land area required for contribution is 40.07 acres. All
Parties understand and agree that the DEVELOPER is satisfying CITY ordinance requirements for Park
Land/Cash Contribution Fees through the donation of 28.8 acres of park land as depicted in Exhibit C1.
To satisfy the remaining requirement of donating 11 .27 acres, DEVELOPER shall pay cash-in-lieu of
this required donation in the amount of $ 1 , 138,270 (11 .27 acres x $101 ,000 per acre) (hereinafter
referred to as "Cash-In-Lieu"). The Cash-In-Lieu contribution, or an equivalent combination of cash-in-
lieu and grant funding, will be used by the CITY towards the construction of recreational amenities
within or adjacent to the SUBJECT PROPERTY The CITY may designate a maximum of 25% of cash
in lieu contributions (unless otherwise agreed to by both Parties), towards recreational amenities that
benefit the residents of the SUBJECT PROPERTY but are not located within or adjacent to the
SUBJECT PROPERTY.
Wendy Yaksich
Land Acquisition and Planning
Moser Enterprises
630/420-3078
9/70/9,007
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MEMORANDUM
TO: Park Board
FROM: Dave Mogle, Director of Parks and Recreation
RE: New Business
DATE: February 20, 2007
DRAFT HOOVER LICENSE AGREEMENT & CONCEPTUAL PLAN
Staff will present the draft of a license agreement for the City's use of the Hoover
property, including an updated Conceptual Plan. Staff is seeking park board comment
only.
BLACKBERRY WOODS ANNEXATION AGREEMENT AMENDMENT
McHugh Builders, Developer for Blackberry Woods is requesting to amend the
Annexation Agreement to pay the cash in lieu contributions entirely by permit rather than
half front funded and the balance by permit. The total amount owed is $150,000. If their
request was agreed to it would mean that instead of receiving $75,000 up front and the
rest per permit, the City would receive $0 up front and all per permit. There are reasons
for the Developer's request which staff will discuss at the park board meeting. Staff
recommendation is not to amend the agreement, the reasons for which will be explained.
RECREATIONAL TRAIL GRANT APPLICATION/WHEATON STREET WOODS
Staff would seek the park board' s approval to apply for a IDNR Recreational Trail Grant
which is a 50/50 matching grant. The project site would be the Wheaton Street Woods
across from F. E. Wheaton Company and down the road from the Caledonia
Development. Much of the cost for the project can be handled with in kind labor.
BEAVER STREET BUILDING RECREATIONAL USE
Approximately 10,000 sq. ft. of warehouse type space is being offered to the park and
recreation department for programming at a reasonable rent. There has been some
discussion with the park board concerning this, but at the time it appeared the rent would
still be too high for the recreation department program revenue to cover. Recent
discussion with the building's owner and Empower Karate, the co-renter has resulted in
renewed interest. Staff will seek the park board's direction.
]KENDALL COUNTY FOREST PRESERVE DISTRICT
LICENSE AGREEMENT
THIS AGREEMENT is made as of the day of 2007, by and
between the Kendall County Forest Preserve District, an Illinois unit of local government and a
political subdivision, with its principal office at 110 West Madison Street, Yorkville, IL 60560
("District") and the United City of Yorkville, an Illinois unit of local government and a political
subdivision, with its principal office at 800 Game Farm Road, Yorkville, IL 60560 ("Licensee").
WITNESSETH:
WHEREAS, the District holds fee simple title to approximately acres of land
located at and more particularly
described on Exhibit A attached hereto, and
WHEREAS, the District has entered into a Lease Agreement with the Corporation for
Open Lands ("CorLands") for approximately acres of land more particularly described on
Exhibit B attached hereto;
WHEREAS, for the purpose of this Agreement both the land owned by the District and
the land leased by the District will collectively be referred to as the "Land."
WHEREAS, Licensee will utilize a portion of the Land described as
and more particularly depicted on Exhibit C attached hereto
and made a part hereof ("Subject Property") pursuant. to the terms and conditions hereof;
WHEREAS, the District and the Licensee have jointly created a Site Facility
Improvement Plan ("Plan") for the Subject Property and Land depicted on Exhibit D;
WHEREAS, the District, as part of its negotiations to purchase the Land has agreed to
enter into a license agreement for the use of the Subject Property by Licensee;
NOW, THEREFORE, in consideration of the recitals set forth above and the mutual
covenants and agreements set forth below, the receipt and sufficiency of which are hereby
acknowledged, the parties do hereby agree as follows:
SECTION 1. RECITALS. The recitals set forth above are by this reference
incorporated into, and made a part of this Agreement.
SECTION 2. LICENSES GRANTED; TERM. The District hereby grants to
Licensee, and Licensee hereby accepts from District, a license ("License") to use the Subject
Property for a term of 30 years. Licensee may terminate the License at any time by written
notice to District, provided that Licensee promptly vacates the Subject Property upon
termination.
SECTION 3, UTILITIES AND OTHER CHARGES. Licensee shall be responsible
for payment of all utility costs and other charges, including without limitation gas, electric,
water, telephone, sewer, septic, garbage collection, and all other fees associated with the use of
the Subject Property by Licensee for the term of this Agreement. District and Licensee agree
that certain utilities and charges for the Subject Property and Land may be shared. In those
cases, the costs will be paid by each party on a prorated basis.
SECTION 4, USE OF THE PREMISES. Licensee shall use the Subject Property in a
manner consistent with typical uses of the facilities identified on the Plan. Licensee shall not use
or permit the Subject Property to be used for any unlawful purpose or in any manner that will
unreasonably disturb neighbors.
SECTION 5. EXPENSES. All of the expenses related to the Licensee's use of the
Subject Property under this agreement shall be the responsibility of the Licensee, excluding
District's obligations as expressly stated hereunder.
SECTION 6. ACQUISITION OF REMAINING ACREAGE.
• The District and the Licensee agree to work collectively to obtain the necessary funding
to purchase the remaining acreage of the Land currently owned by CorLands, including,
but limited to grant applications to government agencies, funding applications to private
parties, and funding applications to any other agency or charitable organization.
• All of the costs due CorLands per the "Lease Agreement" dated November 25, 2003,
shall be shared evenly, with one-half of the costs to be paid by the District and one-half
of the costs to be paid by the Licensee.
+ Any additional costs, fees, rent or expenses associated with the "Lease Agreement' that
are not specifically enumerated in that document that are determined to be due to
CorLands shall be shared evenly with one-half of the costs to be paid by the District and
one-half of the costs to be paid by the Licensee.
SECTION 7, CONDITION OF PREMISES. Licensee has inspected the Subject
Property prior to signing this Agreement and accepts the condition of the Subject Property "as
is." The District hereby disclaims express or implied warranties regarding the condition on the
Subject Property.
SECTION 8. MANAGEMENT & OPERATION. Licensee is responsible for the
following: ,
• Licensee shall provide law enforcement to the Subject Property and the Land through the
United City of Yorkville Police Department upon annexation of the site to the Licensee.
This law enforcement shall include enforcing all applicable federal, state, and local laws,
as well as the General Use Regulation Ordinance of the District and the ???? of the
Yorkville Parks & Recreation Department.
• Licensee shall operate and maintain the sanitary sewer and water system through the
United City of Yorkville Public Works Department upon the termination of the Use
Agreement with the Chicago Council of the Boys Scouts of America dated September 24,
2004; such termination date being December 31, 2007.
• Licensee shall keep the Subject Property clean and free of litter and debris.
2
• Licensee shall keep turf areas neatly mowed and trimmed.
• Licensee shall quickly repair and/or replace any facilities or items on the Subject
Property that become worn, damaged, or are in a state of disrepair.
• The Subject Property shall not be used to stockpile materials such as, but not limited to,
topsoil, wood chips, gravel, and lumber, unless the materials are part of an ongoing
construction project.
• Pesticides, fertilizers, or other chemicals used by the Licensee on the Subject Property - '...
shall be used in accordance with label directions and applied only by Operators and
Applicators licensed by the Illinois Department of Agriculture. Care shall be taken by
the Licensee to prevent drift or movement of any pesticide, fertilizer or other chemical
onto the Land.
• Licensee shall keep the Subject Property in a condition safe for public use. Any hazards
shall be immediately repaired, or public access restricted, to insure the safety of the
public.
SECTION 9. CONSTRUCTION.
A. Licensee, as part of this Agreement, shall have permission to develop and
construct the facilities as shown on the Plan. Both parties acknowledge that changes occur over
time and that portions of the Plan may become undesirable in the future, and that new trends will
make certain facilities desirable. In the event Licensee wishes to develop and construct facilities
substantially different from those shown on the Plan, a written request that includes a site
development plan for the proposed facilities shall be submitted to the District for approval. The
District shall not unreasonably withhold approval if the proposed facilities will not (a)
reasonably harm or negatively impact the natural areas or scenic beauty of the Subject Property
or Land, or (b) negatively impact other uses on the Subject Property or Land by the District or
the public. The District shall give notice of such approval or disapproval within ninety (90) days
of receiving the request.
B. If a construction project will be put out for competitive bidding by one party, such
party shall provide the other party with copies of all construction documents a minimum of thirty
(30) days before such bids are solicited. If a construction project will be performed by staff of
one party, such party shall provide the other party copies of all. construction documents or a
notice of the construction to be performed a minimum of thirty (30) days before construction.
Each party shall provide copies of as-built documents for all improvements made to the Subject
Property or Land. Each party shall be responsible for ensuring that any construction does not
substantially conflict with activities of the other party.
C. Licensee and District shall notify other party of proposed major construction
activities at least six (6) months in advance in order to capitalize on potential mutual cost saving
benefits.
SECTION 10, SHARED INFRASTRUCTURE & FACILITIES. The District and
the Licensee agree that expenses of the construction and maintenance of shared infrastructure
and facilities located in or adjacent to the Subject Property, including but not limited to, railroad
crossings, entrance monuments, signage, utilities, trails, parking areas, and roadways, shall be
shared. The District and the Licensee agree to work cooperatively to determine cost sharing
amounts on a case-by-case basis.
3
I
SECTION 11, UNIFORM STANDARDS. The District and the Licensee agree to
cooperate in the design, implementation and integration of architectural standards, uniform
signage, lighting, site furnishings, and other aesthetic material in order to maintain a uniform
appearance throughout the Land.
SECTION 12, PROTECTION OF NATURAL RESOURCES. Both parties agree
that the Subject Property and the Land contain significant and valuable natural resources
including wetlands, prairies, woodlands, waterways, flora and fauna. Both parties further agree
that the protection of these natural resources shall be foremost in the planning, development,
maintenance, and use of the Subject Property and the Land. Both parties further agree that they
will utilize best construction practices and best management practices in the planning,
development, maintenance, and use of the Subject Property and the Land to minimize, as much
as is reasonable, any harm or negative impact on the natural areas or scenic beauty of the Subject
Property or Land.
SECTION 13, ANNEXATION. The Licensee shall annex the Land no later than .
December 31, 2007, with such annexation being in accordance with the provisions of the Illinois
Compiled Statutes.
SECTION 14, HAZARDOUS MATERIALS. From and after the effective date hereof,
Licensee (a) shall refrain from violating any federal, state and local laws, ordinances, rules and
regulations that prohibit, restrict or regulate any material defined therein as a hazardous,
radioactive, toxic or carcinogenic material, substance, pollutant, or contaminant ("Hazardous
Materials') in the use of the Subject Property; and (b) shall not, and shall not permit its guests,
invitees or agents, to handle, bury, stone, retain, refine, produce, spill, allow to seep, leak, escape
or leach, pump, pour, emit, empty, discharge, inject, dump, transfer, or otherwise dispose of or
deal with Hazardous Materials in, on, under, or about the Subject Property or the Land.
SECTION 15, LIMITATION OF LIABILITY; ASSUMPTION OF RISK;
INDEMNIFICATION.
A. Except as required by Illinois law, the District shall not be liable or responsible to
Licensee for any damage occasioned by the Licensee's failure to keep the Subject Property in
good repair, and the District shall not be liable to Licensee for any damage of any kind or nature
whatsoever that arises from or relates in any way to Licensee's use of the Subject Property,
except for those damages arising from or caused by the willful and wanton misconduct of the
District. Licensee shall notify the District of any significant condition of the Subject Property
that may cause bodily injury or property damage, but such notification shall not constitute
transfer of any liability from the Licensee to the District.
B. Licensee shall hold harmless, indemnify and defend the District, its
commissioners, officers, agents, attorneys and employees against any and all losses, expenses,
claims.costs, causes and damages, including without limitation litigation costs and attorneys'
fees resulting or alleged to result from (a) any failure on the part of Licensee to perform or
comply with any terms or conditions of this Agreement which failure extends beyond any
applicable cure period, or (b) any personal injuries or death or damages to property arising from
or relating in any way to the use of the Subject Property by Licensee, or its employees,
contractors, guests, invitees, or agents, including any injuries, death or damages arising from
4
I
their respective acts or omissions. The provisions and obligations of this section shall survive
this Agreement and the License granted herein and shall be in addition to, and shall not be
limited by, the amounts of any insurance provided by Licensee pursuant to this agreement.
C. Except as required by Illinois law, the Licensee shall not be liable or responsible
to District for any damage occasioned by the District's failure to keep the Land in good repair,
and the Licensee shall not be liable to District for any damage of any kind or nature whatsoever
that arises from or relates in any way to District's use of the Land, except for those damages
arising from or caused by the willful and wanton misconduct of the Licensee. District shall
notify the Licensee in writing of any condition of the Laud that may cause bodily injury or
property damage, but such notification shall not constitute transfer of any liability from the
District to the Licensee.
D. District shall hold harmless, indemnify and defend the Licensee, its
commissioners, officers, agents, attorneys and employees against any and all losses, expenses,
claims costs, causes and damages, including without limitation litigation costs and attorneys'
fees resulting or alleged to result from (a) any failure on the part of District to perform or comply
with any terms or conditions of this Agreement which failure extends beyond any applicable cure
period, or (b) any personal injuries or death or damages to property, arising from or relating in
any way to the use of the Land by District, or its employees, contractors, guests, invitees, or
agents, including any injuries, death or damages arising from their respective acts or omissions. .
The provisions and obligations of this section shall survive this Agreement and the License
granted herein and shall be in addition to, and shall not be limited by, the amounts of any
insurance provided by District pursuant to this agreement.
SECTION 16, INSURANCE.
A. Licensee shall obtain and maintain, during the entire term of this Agreement and
any hold over term, at its sole cost and expense, appropriate and adequate insurance for the term
of this Agreement, pursuant to policies reviewed and approved by the District, which shall
include liability insurance and property insurance coverage of Licensee's property in amounts
determined by the District to be adequate. The District shall maintain liability insurance
coverage for personal injury and property damage on the Land, including, the Subject Property, in
an amount to be determined by District. As evidence of coverage, each party shall provide a
copy of all insurance policies or certificates of insurance to the other party on an annual basis.
All such certificates of insurance shall list the other parry as an additional insured.
B. Licensee shall obtain, during the entire term of this Agreement and any hold over
term, appropriate and adequate insurance from contractors, guests, invitees, agents, vendors, or
the public, whose activities arise or relate in anyway to the use of the Subject Property, pursuant
to policies reviewed and approved by the District. As evidence of coverage, Licensee shall
provide certificates of insurance to the District. All such certificates of insurance shall list the
District and Licensee as additional insured.
C. District shall obtain, during the entire term of this Agreement and any hold over
term, appropriate and adequate insurance from contractors, guests, invitees, agents, vendors, or
the public, whose activities arise or relate in anyway to the use of the Subject Property, pursuant
to policies reviewed and approved by the District. As evidence of coverage, District shall
provide certificates of insurance to the Licensee. All such certificates of insurance shall list the
District and Licensee as additional insured.
5
I
SECTION 17. ENTRY. Licensee agrees that the District, by its commissioners,
officers, agents, attorneys and employees, may at any reasonable time, enter upon the Subject
Property to inspect the same, to make repairs thereto, or for any other purpose related to the
District's use, maintenance, or interest in the Subject Property or the Land. The District shall
attempt to not disrupt any activities of the Licensee.
SECTION 18. KEYS AND LOCKS. Licensee shall supply the District keys to all
locks located on the Subject Property. District shall supply Licensee with keys to locks on the
Land as warranted. Both parties shall make a concerted effort to use universal locks and keys
when practical.
SECTION 19. STAFF MEETINGS. The Licensee and the District shall have twice
yearly staff meetings regarding construction, maintenance, programming, and other issues of the
Subject Property and the Land. Such meetings shall occur in March and September of each year.
SECTION 20, TIME OF ESSENCE. Time is of the essence in the performance of all
of the terms and conditions of this Agreement.
SECTION 21. ASSIGNMENT.
A. Licensee shall not re-license the Subject Property, nor shall Licensee assign this
Agreement, or any of Licensee's rights or obligations hereunder, to any other party unless such is
approve in writing by the District, approval of which shall not be unreasonable withheld.
B. It is mutually agreed that Licensee is an independent entity, is not an employee or
agent of the District and is not subject to the supervision or control of the District, except in
those areas as identified in this Agreement.
SECTION 22, REMOVAL OF LIENS. Licensee shall, and without any charge to the
District, keep the Subject Property and the Land free of any and all liens or encumbrances in
favor of any person whatsoever for or by reason of any equipment, material, supplies or other
item furnished, labor performed, or other actions done in connection with Licensee's use or
occupancy of the Subject Property or the Land (collectively, a "Lien"). If, due to the actions of
Licensee, the Subject Property becomes at Licensee's direction encumbered with any Lien,
Licensee shall remove such lien promptly or promptly cause the title insurance company to
insure over such lien and, in any event, not later than thirty (30) days after being directed to do
so in writing by the District. The District shall have the right to remove or satisfy any Lien upon
the Subject Property at any time, after such thirty (30) day notice to Licensee, and may recover
from Licensee any amount that the District incurs to remove or satisfy such Lien, including the
costs, expenses, attorney's fees and administrative expenses incurred by the District in
connection therewith or by reason thereof
SECTION 23, COMPLIANCE WITH LAWS. Licensee shall occupy the Subject
Property in full accordance with all applicable laws, statutes, rules, regulations, ordinances and
requirements, and is prohibited from undertaking any activities in violation of such laws,
statutes, rules, regulations, ordinances and requirements.
6
SECTION 24, APPLICABLE LAW. Regardless of the place of its physical execution,
this Agreement shall be interpreted under and governed by the laws of the State of Illinois.
SECTION 25. ENFORCEMENT COSTS. Licensee agrees to pay all reasonable
costs, attorney's fees and expenses incurred by the District in enforcing the covenants, terms and
conditions to be performed by Licensee under this Agreement.
SECTION 26. DISPUTE. Notwithstanding the terms and provisions of this
Agreement, in the event that a dispute may arise between the District and the Licensee for any
issue not specifically addressed in this agreement, the District shall possess the final decision
making authority.
SECTION 27. TRANSITION PERIOD. If, after the approval of this Agreement, there
is a determined to be a discrepancy or a dispute between this Agreement and the "Use
Agreement" between the District, Licensee, CorLands, and the Chicago Area Council, Inc. Boy
Scouts of America dated September 24, 2004, the "Use Agreement" shall take precedence until
its termination date of December 31 , 2007.
SECTION 28. ENTIRETY. This Agreement supersedes "An Intergovernmental
Agreement between the Kendall County Forest Preserve District and the United City of
Yorkville Concerning the Hoover Outdoor Education Center", dated November 9, 2004 between
Licensee and the District.
SECTION 29. SEVERABILITY•, WAIVER. If any provision of this Agreement shall
be held invalid, the validity of any other provision of this Agreement that can be given effect
without such invalid provision shall not be affected thereby. The waiver of one breach of any
term, condition, covenant, or obligation of this Agreement shall not constitute approval for any
subsequent breach thereof.
SECTION 30. EXTENSION. District and Licensee shall, with the approval of both the
District and Licensee, extend this Agreement in term length.
SECTION 31. AMENDMENT. This Agreement may be amended or revised with the
approval of both the District and Licensee.
SECTION 32. TERMINATION.
A. If, at any time during the term of this Agreement, Licensee fails to comply with,
or fails to fulfill any of the terms or conditions of this Agreement, which failure is not cured
within ninety (90) days after written notice from the District or such longer period as may be
reasonably necessary to cure such failure, the District shall have the right, as its sole and
exclusive remedy, to terminate any and all rights granted to Licensee by this Agreement.
B. Immediately upon termination of this Agreement, for whatever reason, all rights
granted to Licensee here under shall revert to the District, and the District shall have the right, at
its sole and absolute discretion, to re-license the Subject Property.
7
C. Upon termination of this Agreement, Licensee shall remove all equipment and
property owned by the Licensee from the Subject Property that is not a permanent part of the
Subject Property or the buildings and facilities thereon.
SECTION 33, NOTICES. All notices required or permitted to be given under this
Agreement shall be in writing and shall be deemed received by the addressee thereof when
delivered in person on a business day at the address set forth below or on the third business day
after being deposited in any main or branch United States Post Office, for delivery at the address
set forth below, by properly addressed, postage prepaid, certified or registered mail, return
receipt requested.
Notices and communication to the District shall be addressed to, and delivered at:
Kendall County Forest Preserve District
110 West Madison Street
Yorkville IL 60560
Attention: Director
Notices and communications to Licensee shall be addressed.to and delivered at:
Yorkville Parks & Recreation Department
301 East Hydraulic Street
Yorkville IL 60560
Attention: Director of Parks & Recreation
By notice complying with the requirements of this Section, Licensee and the District each shall
have the right to change the address or addressee or both for all future notices to it, but no notice
of a change or address or addressee shall be effective until actually received.
SECTION 34. LICENSE ONLY GRANTED. This agreement grants only a license to
use the Subject Property under the terms and conditions stated above. Nothing in this Agreement
shall be construed to convey to Licensee any legal or equitable interest in the Subject Property or
the Land.
SECTION 35, AGREEMENT IN DUPLICATION. This agreement is executed in
duplication and each party shall retain one completely executed copy, each of which is deemed.
an original.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, effective as
of the date first written above. .
United City of Yorkville Kendall County Forest Preserve District
800 Game Farm Road 110 West Madison Street
Yorkville IL 60560 Yorkville IL 60560
By: By:
Art Prohaska, Mayor Kay Hatcher, President
8
HOOVER EDUCATIONAL CENTER
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FEBRUARY 13,2007
United City of Yorkville
°�' 800 Game Farm Road
�* 16 Yorkville, Illinois 60560
-� Telephone: 630-553-4350
� `��,� Fax: 630-553-75'75
te P
PC #
APPLICATION A PETITION TO AMEND
ANNEXATION or PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT`
Development Name: McCue Builders Date of Submission: _January 26,2007_
1 . Name of Petitioner(s): _McCue Builders, Inc.
Address: _PO Box 354
Phone Number: 630/553-3600 Fax Number: _630/553-3636
Email Address:
.mccuebuilders@mccuebuilders.com
Relationship of Petitioner(s) to subject property:
[X] Owner n Developer [] Contract Purchaser
2. Name of holder of legal title, if different from #1 :
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3. a). Street address and physical location of subject property: _Extension of Cannonball Trails to the
South
b). Legal description of property; attach as Exhibit "A".
c). Total Acreage: _60 acres
d). Kendall County Parcel Number(s) of property: _02-29-300-001
e). Current Zoning Classification: _R-2 and R-4
f). Zoning Classification Requested if changing zoning:
4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition
under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B"J
Page I of 4
United City of Yorkville AmendAnnexation/PUD Application Revised: 11/28/06
5. Date of Annexation or PUD Agreement sought to be amended: _July 2005
Name of Agreement: _Annexation Agreement and PUD Blackberry Woods Subdivision
Date of Recording: May 18, 2006, Doc #200600015095
Attach a true and correct copy of agreement as Exhibit "C.
6. State the items to be amended from the existing annexation or PUD agreement.
See Attached
7. Contact Information: Name, address, phone number; fax number, and email address of person to
whom inquiries regarding this petition may be directed:
_Sean Michels, Project Manager, McCue Builders, Inc. PO Box 354 Bristol, IL 60512;
630/553-3600
Attorney: Name:
Address:
Phone Number. Fax Number.
Email Address:
Engineer. Name:
Address:
Phone Number: Fax Number:
Email Address:
Land Planner: Name:
Address:
Phone Number: Fax Number:
Email Address:
8. Submit the following to the Deputy Clerk in order to be scheduled for the necessary
committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b. Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route,
Step 1 , Fees and/or contact the Deputy Clerk for verification of this amount).
c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope
d. One CD containing one electronic copy (pdf) of each of the signed application
(complete with exhibits) and site plan.
Page of
United City of Yorkville AmendAnnexation/PUD Application Revised: 11/28/06
i
In witness whereof the following petitioner(s) have submitted this application under oath and verify that to
the best of their knowledge its contents are true and correct and swear that the property, to be annexed is
contiguous to the United City of Yorkville.
Date:
Petitioner(s) Signature: (All legal property owners of record signatures must appear on this application.)
Subscribed and sworn to before me this day of 200
Notary Seal
THIS APPLICATION MUST BE NOTARIZED.
I
Page 3 of 4
United City of Yorkville AmendAnnexation/PUh Application Revised: 11/28/06
AMENDMENTTO
ANNEXATION OR PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
PETITIONER ROUTE
Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy
Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for
making submittals to other review agencies such as Kendall County, Illinois Department of
Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow
timely review by City.
*Fees: 1 . a. Annexation/PUD Amendment - $500
b. Deposit for Outside Consultants - under 2 acres = $1 ,000
2 to 10 acres = $2,500
over 10 acres = $5,000
Note: Owner/Developer will be responsible for payment of recording fees and
costs, public hearing costs including a written transcription of public
hearing and outside consultant costs (i.e. legal review, land planner,
zoning coordinator, environmental, etc.). Should OwnedDeveloper not
pay these fees directly, they will be responsible for reimbursing the United
City of Yorkville for the aforementioned fees and costs.
Note: You must present your plan at each of the meetings below as indicated
Step 2: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council
Chambers at City Hall.
A Public Hearing will be held at this time for the Amendment to Annexation/PUD Agreement For
a public hearing, the petitioner shall complete and submit to the Clerk's office an application with
a legal description 45 days prior to the public hearing at the Plan Commission meeting. Notice will
be given by publication by the United City of Yorkville in the Kendall County Record at least 15
days but no more than 30 days prior to the public hearing date.
Before this amendment can move forward to Committee of the Whole, a "draft" Amendment to
Annexation or PUD Agreement must be written.
Step 3: Committee of the Whole: The Committee of the Whole meets the third Tuesday of the month at
7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere
at the Committee of the Whole where no formal voting takes place., This session is to discuss and
consider recommendations of prior committee meetings and for.review of the draft amended agreement
Step 4: City Council for vote on the amended agreement Any amendment to an annexation agreement,
PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by
the City Council.
Agreement:
I understand and accept all requirements, fees as outlined as well as any incurred Administrative and
Planning Consultant Fees which must be current before this project can proceed to the next scheduled
committee meeting.
Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of
Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560.
Signature of Petitioner
Page 4of4 ,
United City of Yodeville AmwdAmwmdontPUD Application Revised: 1125106
i
Application and Petition to Amend Annexation or Planned Unit Development
Agreemnt-
Item 6. State the items to be amended from the existing annexation or PUD
agreement.
Exhibit "I", Park Contributions
1 . Developer shall contribute the following to the Parks and Recreation Department,
pursuant to the City's Land/Cash Ordinance: 4.32 acres consisting of those
certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the
"Land Contribution") and one hundred fifty thousand Dollars ($150,000.00) (the
Cash Contribution)
2. Said contribution shall be paid 50% at the time of recording the final plat the
remaining 50% at the time of issuance of building permits in the amount of
$568. 18 per dwelling unit in satisfaction of the Yorkville Parks and Recreation
Department.
McCue Builders, respectfully requests that section 2 be modified to allow the entire
payment of the "Cash Contribution" to be paid entirely at the time of issuance of building
permits in the amount of $1 , 136.36. This request is being made due to the increase in
expenses to clean up the park site to meet the City's conditions for acceptance. The
initial conditions set forth in the annexation agreement, was to remove the garbage from
the ravine area. Once the park's department reviewed the wooded area, staff
requested that fallen trees, dead trees standing, and small caliper Maple trees be
removed, prior to the City accepting the park. Staff has also requested the installation
of Rip Rap to reduce erosion along the banks of the ravine. This work is being
completed at staffs request. To off set the additional expenses, McCue Builders would
like to pay the Park's cash contribution over time as building permits are issued.
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