Resolution 2014-31 Resolution No. 2014-3—
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RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING A SETTLEMENT AGREEMENT BY AND BETWEEN THE UNITED CITY OF
YORKVILLE,KENDALL COUNTY,ILLINOIS,AND SPECIALTY EXPEDITIONS,INC. d/b/a
GENEVA KAYAK CENTER
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 this State; and,
WHEREAS, the City is the owner of property located at Riverfront Park, 301 East
Hydraulic Street, Yorkville, Illinois, commonly known as the Riverfront Building (the
"Premises"); and,
WHEREAS, the City entered into a Concession-Lease Agreement with Specialty
Expeditions, Inc. d/b/a Geneva Kayak Center(the "Lessee") on February 22, 2011, by Ordinance
No. 2011-06 to operate a canoe and kayak rental center on the Premises for a period of two (2)
years, which term was later extended; and,
WHEREAS, despite its best efforts, the Lessee has not been able to meet all of its
obligations under the Concession-Lease Agreement and the City advised the Lessee by letter
dated March 26, 2014 (the "Letter"), that unless the Lessee remedied certain defaults, the
Concession-Lease Agreement would be terminated and the Lessee would be liable for all
unsatisfied obligations; and,
WHEREAS, the Lessee has been unable to remedy the complete list of items in the
Letter and has now requested that the City terminate the Concession-Lease Agreement, as
extended, which the City is prepared to do pursuant to the terms and conditions set forth in the
Settlement Agreement by and between the United City of Yorkville, Kendall County, Illinois,
and Specialty Expeditions, Inc. d/b/a Geneva Kayak Center, attached hereto and made a part
hereof.
NOW, THEREFORE, BE IT RESOLVED,by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Settlement Agreement by and between the United City of Yorkville,
Kendall County, Illinois, and Specialty Expeditions, Inc. d/b/a Geneva Kayak Center, attached
Resolution No. 2014- 31
Page 1
hereto and made a part hereof, is hereby approved and the Mayor and the City Clerk are hereby
authorized to execute and deliver said Agreement on behalf of the City.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of /f�DVCk-y? 2014.
CITY CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
ROSE ANN SPEARS �_ DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
I q day of Dit"C6M 6tA , 2014.
a r
MAYOR
Attest:
City Clerk
Resolution No. 2014- J
Page 2
SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the Settlement Agreement") entered into this
1 day of , 2014, by and between the United City of Yorkville, Kendall
County, Illinois, a municipal corporation (hereinafter referred to as "City") and Specialty
Expeditions, Inc. d/b/a Geneva Kayak Center, an Illinois corporation (hereinafter referred to as
"Lessee").
WITNESSETH:
WHEREAS, the City is a duly organized and validly existing non-home-rule
municipality of the State of Illinois under the 1970 Illinois Constitution and the laws of the State
and the owner of property located at Riverfront Park, 301 East Hydraulic Street, Yorkville,
Illinois, commonly known as the Riverfront Building(the "Premises"); and,
WHEREAS, the City entered into a Concession-Lease Agreement with the Lessee on
February 22, 2011, by Ordinance No. 2011-06 to operate a canoe and kayak rental center on the
Premises for a period of two (2) years; and,
WHEREAS, at the end of the term of the Concession-Lease Agreement, the Lessee
requested the City to extend the term thereof for two (2) years, which extension was approved by
the City; and,
WHEREAS, despite best efforts, the Lessee has not been able to meet all of its
obligations under the Concession-Lease Agreement and the City advised the Lessee by letter
dated March 26, 2014, that unless the Lessee remedied certain defaults, the Concession-Lease
Agreement would be terminated and the Lessee would be liable for all unsatisfied obligations;
and,
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WHEREAS, the Lessee proceeded to remedy certain items as listed in said letter of
March 26, 2014, but has been unable to remedy the complete list and has now requested that the
City terminate the Concession-Lease Agreement, as extended, which the City is prepared to do
pursuant to the terms and conditions as hereinafter set forth.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
Section 1. The foregoing preambles are hereby incorporated into this Settlement
Agreement as if fully restated herein.
Section 2. The Lessee had deposited $5,000 with the City as security for its obligations
under the Concession-Lease Agreement which shall now be applied by the City as complete
satisfaction by the Lessee of the following defaults under the Concession-Lease Agreement:
(a) $3,074.04 to be applied to outstanding rent; and,
(b) $1,925.96 (of a total due of $2,924.04) to be applied to the payment of real estate
taxes accrued in 2014 but payable in 2015.
Section 3. Prior to the execution of this Settlement Agreement, the Lessee shall pay to
the City $998.08 as the balance due for real estate taxes accrued on the Premises from January 1,
2014 through November 30, 2014.
Section 4, The Lessee agrees to pay all liability bills through November 30, 2014, and
provide proof of such payment to the City.
Section 5. The Lessee further agrees that it shall remove all of its furniture, equipment
and personal property of any kind from the Premises and lease said Premises in the same
condition as existed at the first day of the term of the Lease-Concession Agreement.
Section 6. The Lessee hereby discharges the City, its officers, agents and employees of
and from all actions, causes of actions, suits, controversies, claims and demands of whatsoever
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kind, at law or in equity, which it may now or ever have as Lessee under the Lease-Concession
Agreement.
Section 7. To the fullest extent permitted by law, Lessee shall indemnify, keep and save
harmless the City, its agents, officers, and employees, against all injuries, deaths, losses,
damages, claims, suits, liabilities, judgments, costs and expenses, which may arise directly or
indirectly from any negligence or from the reckless or willful misconduct by Lessee and its
employees, or, the Lessee's failure to pay any cost, fine, fee, tax of any kind or any other charge
due and owing as a result of the Lessee's business conducted at the Premises or Lessee's
obligations under the Lease-Concession Agreement and shall, at its own expense, appear, defend
and pay all charges, attorneys' fees and other costs incurred in connection with any such actions.
In the event the Lessee fails to indemnify, keep and save harmless the City, its agents, officers
and employees as hereinabove set forth, the City shall hold the Lessee liable for any and all
amounts paid by the City due to the Lessee's failure to meet its obligations set forth above.
Section 8. This Settlement Agreement may be executed in two or more counterparts,
each of which shall be deemed an original but all of which together shall constitute one and the
same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Settlement Agreement to
be executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois municipal
Corporation
By:
Mayor
Attest:
City rierk
Special Expeditions, Inc., an Illinois corporation
By:
Its resident
Attest:
Secretary
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