Ordinance 2016-31 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2016-31
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,
APPROVING A FIFTH AMENDMENT TO LEASE-DONATION AGREEMENT
Passed by the City Council of the
United City of Yorkville,Kendall County, Illinois
This 26"'day of April, 2016
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on May 16, 2016.
Ordinance No. 2016-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
APPROVING A FIFTH AMENDMENT TO LEASE-DONATION AGREEMENT
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 for Corporation for Open
Lands, an Illinois not-for-profit corporation ("Open Lands") pursuant to a Fifth Amendment to Lease-
Donation Agreement by and between the City and Open Lands(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 Fifth Amendment to Lease-Donation Agreement by and between 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 Clerk are hereby authorized and directed to execute same.
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. 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
day of A f2 A.D. 2016.
cury CLERK
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
10 day of M q y ,A.D. 2016.
MAY R
Ordinance No.2016-31
Page 2
FIFTH AMENDMENT TO LEASE-DONATION AGREEMENT
THIS FIFTH AMENDM NT to Lease-Donation Agreement ("Fifth Amendment") is
made this ;Z 5_`7-day of ,7 , 2016, by and between Open Lands, an Illinois not-for-
profit corporation ("Open Lands") and the United City of Yorkville, a unit of local government
(the "City"); and,
WHEREAS, the City and Open Lands, 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,
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,
WHEREAS, the Parties extended the Lease-Donation Agreement for an additional three
one-year terms pursuant to a third Amendment to Lease-Donation Agreement dated December
14, 2010 (the "Third Agreement") and,
WHEREAS, the three-one year extensions under the Third Amendment expired on July
11, 2013, and the Parties extended the Lease-Donation Agreement for three (3) additional one-
year terms; and,
WHEREAS, the Parties extended the Lease-Donation Agreement on June 26, 2013, for
an additional three one-year terms pursuant to a Fourth Amendment to Lease-Donation
Agreement; and,
WHEREAS, the Parties now desire to further extend the term of the Lease-Donation
Agreement for a one-year term as hereinafter provided.
NOW,THEREFORE,the Parties agree as follows:
Section 1. The Lease-Donation Agreement shall continue in effect for an additional
one-year term;
Section 2. All other terms of the Lease-Donation Agreement are hereby ratified and
approved and shall remain in full force and effect;
M
Section 3. The Parties agree that the Lease-Donation Agreement is hereby extended
for an additional one-year term of tho A^;@ °"+ I'-- ° °aai+'^~°' ^ -+_ through July
11, 2017, upon receipt by Open Lands of an additional $12,000.00 commitment fee on or before
July 11, 2016.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the date and year first above written.
By:
Nam
Its:
ATTEST:
Name:
Its: Se tary
CITY:
UNITED CITY OF YORKVILLE,
an Illinois municip i corp ra 'on
By:
Name: 6 A L K
Its: Mayor
ATTEST:
Name:
Its: City Clerk
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