Resolution 2022-21 Resolution No. 2022-21
RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BY AND AMONG THE KENDALL COUNTY FOREST PRESERVE DISTRICT, THE
COUNTY OF KENDALL,ILLINOIS, THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS AND THE VILLAGE OF OSWEGO, ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City'), the
Village of Oswego, Kendall County, Illinois (the "Village'), the Kendall County Forest Preserve
District (the "District") and the County of Kendall (the "County") are duly organized units of
government of the State of Illinois within the meaning of Article VII, Section 1 of the 1970 Illinois
Constitution; and,
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 1, and
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.,authorize units of local government
to contract or otherwise associate among themselves to obtain or share services and to exercise,
combine, or transfer any power or function in any manner not prohibited by law; and,
WHEREAS, the Illinois Department of Transportation ("IDO7") has entered into a
"Letter of Understanding" with the parties, separately, whereby IDOT has agreed to construct a
"shared-use path" that would run along Route 71, east of Illinois Route 126 in Yorkville to
Orchard/Minlder Road in Oswego (the "Shared-Use Path") so long as the parties agree to
maintain the portions of the Shared-Use Path within their respective corporate limits; and,
WHEREAS, the District, the County, the City and the Village are prepared to enter into
an agreement for the purpose of establishing the terms and conditions of their respective
obligations regarding the upkeep and maintenance of the Shared-Use Path as set forth in the
"Intergovernmental Agreement Between the Kendall County Forest Preserve District, The County
Of Kendall, Illinois, The United City of Yorkville, Illinois, And The Village Of Oswego, Illinois,
Relating To the Maintenance OfA Shared-Use Path Along Route 71", attached hereto.
Resolution No.2022-21
Page 1
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals set forth above are incorporated into this Resolution as if fully restated
herein.
Section 2. Intergovernmental Agreement Between the Kendall County Forest Preserve
District, The County Of Kendall, Illinois, The United City of Yorkville, Illinois, And The Village
Of Oswego, Illinois, Relating To the Maintenance Of A Shared-Use Path Along Route 71, in the
form attached hereto and made a part hereof, is hereby approved; and, the Mayor and City Clerk are
hereby authorized to execute said Agreement.
Section 3. That this Resolution shall be in full force and effect from and after its passage
and approval as provided by law.
Passed by the Mayor and City Council of the United City of Yorkville, Kendall County,
Illinois this 14th day of June, 2022.
ITY CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this 2.t day of J (.,tne , A.D. 2022.
MAYOR
est:
CITY ERK
Resolution No.2022-21
Page 2
INTERGOVERNMENTAL AGREEMENT BETWEEN THE KENDALL COUNTY
FOREST PRESERVE DISTRICT,THE COUNTY OF KENDALL, ILLINOIS,THE
UNITED CITY OF YORKVILLE, ILLINOIS,AND THE VILLAGE OF OSWEGO,
ILLINOIS RELATING TO THE MAINTENANCE OF
A SHARED-USE PATH ALONG ROUTE 71
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is by and
between the Kendall County Forest Preserve District, a unit of local government of the State of
Illinois ("District"), the County of Kendall, Illinois, a unit of local government of the State of
Illinois ("County"), the United City of Yorkville, a municipal corporation of the State of Illinois
("City"), and the Village of Oswego, a municipal corporation of the State of Illinois ("Village") .
WITNESSETH:
WHEREAS,the District,the County,the City and the Village(collectively the"Parties")
are units of local government within the meaning of Article VII, Section 1 of the Illinois
Constitution of 1970 who are authorized to enter into intergovernmental agreements pursuant to
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Constitution of the State of Illinois of 1970, Article VII, Section 10, and
the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., authorize units of local government
to contract or otherwise associate among themselves to obtain or share services and to exercise,
combine, or transfer any power or function in any manner not prohibited by law; and
WHEREAS,the Illinois Department of Transportation("IDOT")has entered into a"Letter
of Understanding" with the Parties, separately, whereby IDOT has agreed to construct a "shared-
use path"that would run along Route 71,east of Illinois Route 126 in Yorkville to Orchard/Minkler
Road in Oswego (the "Shared-Use Path") so long as the Parties agree to maintain the portions of
the Shared-Use Path within their respective corporate limits;
WHEREAS, a diagram of the Shared-Use Path to be constructed by IDOT is attached
hereto as Exhibit 1 and incorporated herein by reference; and
WHEREAS, it is the intent of the Parties that this Agreement set forth their respective
obligations for this Shared-Use Path upon IDOT's completion of construction of the Shared-Use
Path.
NOW,THEREFORE, in consideration of the foregoing preambles,the mutual covenants
contained herein and for good and valuable consideration,the sufficiency of which is agreed to by
the Parties hereto, the Parties covenant, agree and bind themselves as follows, to wit:
1. The foregoing preambles are hereby incorporated into this Agreement as this paragraph 1.
2. The Parties agree that, upon IDOT's construction of the Shared-Use Path, the following
will occur, unless otherwise agreed to in writing by mutual agreement of the Parties:
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a. The City shall be responsible for all upkeep, maintenance and repair of those
sections of the Shared-Use Path located within City limits. Also, the City shall be
responsible for all expenses incurred related to the City's obligations set forth in
this Paragraph.
b. The Village shall be responsible for all upkeep, maintenance and repair of those
sections of the Shared-Use Path located within Village limits. Also, the Village
shall be responsible for all expenses incurred related to the Village's obligations set
forth in this Paragraph.
c. The District shall be responsible for all upkeep, maintenance and repair of those
sections of the Shared-Use Path located within the unincorporated areas of Kendall
County. Also, the District shall be responsible for all expenses incurred related to
the District's obligations set forth in this Paragraph. Upon receipt of a written
request for assistance from the District, the County agrees to use its best efforts to
assist the District with the District's necessary maintenance and/or repair
obligations for those sections of the Shared-Use Path located within the
unincorporated areas of the County.
d. If, during the term of this Agreement, any portion(s) of the Shared-Use Path are
annexed to the City or the Village, the District's and the County's obligations set
forth in Paragraph 2(c)above shall immediately cease for the annexed portion(s)of
the Shared-Use Path and all such obligations and expenses for the annexed
portion(s)of the Shared-Use Path shall be transferred to the City or the Village that
annexed that portion(s) of the Shared-Use Path.
3. Nothing in this Agreement shall be interpreted to alter the Parties'jurisdiction, obligations
and/or duties regarding any of the roadways or highways adjacent to the Shared-Use Path.
4. This Agreement represents the entire agreement between the Parties, and there are no other
promises or conditions whether oral or written regarding the contents hereof.
5. Any amendments to this Agreement shall be in writing and signed by all Parties.
6. This Agreement shall remain in full force and effect until any one or more of the Parties
sends written notice of termination of this Agreement to all other Parties.
7. This Agreement shall be effective upon approval by the Parties, and the date of this
Agreement shall be deemed as the last date of acceptance provided below.
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IN WITNESS WHEREOF, the Parties hereto have caused this Intergovernmental
Agreement to be executed by their duly authorized officers on the above date.
Kendall County Forest Preserve District County of Kendall, Illinois
1
BY /dl/� . B
Y
Scott Gryder
//
J y Pilmour
resident, Board of Commissioners Chairman, Kendall County Board
Date: ti'C I I/ t2c' -i Date: 6 [1 (aa
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United City of Y rkville, Illinois Village of ego, Illinois
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