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Resolution 2023-16 Resolution No. 2023-16 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD 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 WHEREAS, the Yorkville Community School District 115 (the "School District") is a school district of the State of Illinois with the powers as granted by Article VII, Section 8 of the 1970 Illinois Constitution and as provided by law; and WHEREAS, the City and the School District each have the authority to enter into agreements pursuant to Article VII, Section 10 of the Illinois Constitution of 1970, and Sections 3 and 5 of the Intergovernmental Cooperation Act(5 ILCS 220/3 and 5)and pursuant to the statutory contracting power of each; and WHEREAS, the City currently holds title to the parcel of real estate located at 800 Game Farm Road, City of Yorkville, Kendall County, and further identified as part of P.I.N. 02-29-427- 001, legally described on Exhibit "A" attached hereto and made a part hereof that had previously housed City hall and the City's police station (the "Premises"); and WHEREAS, the City has relocated City hall and the police station, and therefore the City does not currently occupy the Premises; and WHEREAS,the School District desires to purchase the Premises from the City,potentially to house School District offices; and Resolution No. 2023-16 Page 1 WHEREAS, the School District has the authority to acquire the Premises pursuant to Section 10-22.35A of the School Code (105 ILCS 5/10-22.35A); and WHEREAS,the City,pursuant to Section 5-22 of the School Code(105 ILCS 5/5-22) and Section 2 of the Local Government Property Transfer Act (50 ILCS 605/2), has the power to convey the Premises to the School District; and WHEREAS, the City and the School District have entered into an agreement to convey the property from the City to the School District(the"Sales Contract"), with a closing to occur on May 30, 2023 or such other date that is mutually agreed upon; and WHEREAS, the School District desires to occupy the Premises prior to the closing of the Sales Contract; and WHEREAS, the City has determined it is in its best interests to enter into an Intergovernmental Agreement with the School District, in the form attached hereto and made a part hereof as Exhibit "A," in furtherance of the stated goals and desires set forth above. 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 all of the recitals set forth above are incorporated herein as if fully restated in this Section 1. Section 2. That the Intergovernmental Agreement between Yorkville Community Unit School District No. 115 and the United City of Yorkville for Pre-closing Possession of 800 Game Farm Road (the "IGA"), in the form attached hereto and made a part hereof as Exhibit "A," is hereby approved and the Mayor is authorized to execute and deliver said IGA. Resolution No.2023-16 Page 2 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 City Council of the United City of Yorkville, Kendall County, Illinois this 301" day of May, A.D. 2023. nIn n� ITY LERK KEN KOCH AYE DAN TRANSIER NAY ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this " day of Tl l yl f; , A.D. 2023. MAYOR Attest: CIT CLERK Resolution No. 2023-16 Page 3 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) CLERK'S CERTIFICATE I, Jori Behland, the duly qualified and acting City Clerk of the United City of Yorkville, Kendall County, Illinois, do hereby certify that I am the keeper of its books and records and that the attached hereto is a true and correct copy of a Resolution entitled: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD which Resolution was duly passed by said City Council at a regular meeting held on the 0-hn day of �,A a� , A.D. 2023. I do further certify that a quorum of said City Council was present at said meeting and that the Council complied with all requirements of the Illinois Open Meetings Act. IN WITNESS WHEREOF, I have hereunto set my hand this 5 day of ��1('_, 2023. ri B land, City Clerk United City of Yorkville (Seal) Resolution No.2023-16 Page 5 EXHIBIT A Resolution No.2023-16 Page 4 INTERGOVERNMENTAL AGREEMENT BETWEEN YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 AND THE UNITED CITY OF YORKVILLE FOR PRE-CLOSING POSSESSION OF 800 GAME FARM ROAD THIS INTERGOVERNMENTAL AGREEMENT is entered into as of the date shown below by and between the Board of Education of Yorkville Community Unit School District No. 115, Kendall and Kane Counties, Illinois ("School District") and the United City of Yorkville ("City"). WITNESSETH: WHEREAS, School District is an Illinois public school district established and operated pursuant to the Illinois School Code, 105 ILCS 511-1 et seq; and WHEREAS, City is an Illinois municipal corporation established and operated pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq.; and WHEREAS, School District and City are authorized to enter into this Intergovernmental Agreement pursuant to Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq; and WHEREAS, the City currently holds title to the parcel of real estate located at 800 Game Farm Road, City of Yorkville, Kendall County, and further identified as part of P.I.N. 02-29-427-001, legally described on Exhibit "A" attached hereto and made a part hereof that had previously housed City hall and the City's police station(the "Premises"); and WHEREAS, the City has relocated City hall and the police station, and therefore the City does not currently occupy the Premises; and WHEREAS, the School District desires to purchase the Premises from the City, potentially to house School District offices; and WHEREAS, the School District has the authority to acquire the Premises pursuant to Section 10-22.35A of the School Code (105 ILCS 5/10-22.35A); and WHEREAS, the City, pursuant to Section 5-22 of the School Code (105 ILCS 5/5-22) and Section 2 of the Local Government Property Transfer Act (50 ILCS 605/2), has the power to convey the Premises to the School District, and WHEREAS, the City and the School District have entered into an agreement to convey the property from the City to the School District (the "Sales Contract"), with a closing to occur on May 30, 2023, or such other date that is mutually agreed upon; and 1 WHEREAS. the School District desires to occupy the Premises prior to the closing of the Sales Contract. and WHEREAS, the City and the School District mutually desire to enter into this Agreement defining their rights, duties and liabilities during the period in which the School District is occupying the Premises and the parties have not vet closed on the Sales Contract. NONN', THEREFORE, in consideration of the terms and conditions contained in this Intergovernmental Agreement. and other good and valuable consideration, the receipt of which is hereby acknowledged, School District and City agree as follows: I. INCORPORATION OF PREAMBLES: The preambles are hereby incorporated into and made a part of this Agreement. 2. POSSESSION: The City hereby grants permission to the School District to take possession of the Property effective May 101. 2023, and to occupy same until the close of the Sales Contract ("Closing"), or until the right of possession is earlier terminated in accordance with this Agreement. 3. CONDITION OF PROPERTY: School District acknowledges inspection of the Premises and hereby accepts the Premises as is and as conforming to the requirements of the Sales Contract (except as to matters of title or survey-, which shall be determined as provided in the said Sales Contract). 4. HOLDOVER: If the Sales Contract is not closed as scheduled or as extended, through no fault of City, School District agrees to vacate the Premises .vithin five (S) days after service of a written notice from City. Any holding over thereafter shall create a day-to-day tenancy with a rent of S 100 per day. Except as to daily rent and tenancy, ail other covenants and conditions herein contained shall remain in full force and effect during anv holdover period. In the event School District shall not have vacated the Premises on or before the above deadline. Citv shall be permitted to bring whatever legal action may be permitted by law to recover possession of said premises. In said event,. School District shall pay to City their reasonable attorney fees and court costs and reimburse City for whatever damages may have occurred to the Premises. 5. UTILITIES AND ASSESSMENTS: During the term of this occupancy, School District shall be responsible for all utilities consumed and assessments that accrue on the Premises. The School District and Citv shall reach an agreement regarding -which utilities should be put in School District's name before Closing, but even if the utilities remain in City's name, School District shall pay to City the amount due for the utilities consumed and the assessments that accrue on the Premises during the occupancy. 6. ALTERATIONS TO PREMISES: In the event the Sales Contract is not closed as scheduled or extended, the School District agrees to reverse any and all changes and alterations made to the Premises and restore the Premises to the condition it was in prior to the School District's occupancy. 7. RISK OF LOSS (INSURANCE): School District shall obtain prior to occupancy a copy of a certificate of insurance coverage and shall maintain during the term of this Agreement commercial general liability insurance naming the City as an additional insured in an amount of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, with not less than $20,000,000 in umbrella or excess liability insurance, which shall follow the form of the general liability insurance in all respects. If permitted by its insurer, City may agree to retain hazard and liability insurance on the Property until Closing. If City's insurer requires that City's policy be converted to a Landlord's Policy as a result of this Agreement, School District agrees to pay any additional premium cost. School District acknowledges that School District is solely responsible for insuring any personal property on the Premises. The School District's obligations may be met through a self-insurance risk pool. 8. INDEMNIFICATION FROM SUIT: School District agrees to indemnify, protect, release and hold harmless, and, at the option of the City, defend, the City, its agents, elected and appointed officials, administrative staff, employees, and volunteer personnel from any and all liability, claims, demands, actions and causes of action, costs and expenses (including reasonable attorneys' fees) which the City may become obligated by reason of any accident or injury (including death) caused by School District's use of the Premises prior to the Closing. 9. TERMINATION: The City may, at any time prior to expiration of the term of this Agreement, or any renewal period thereof, upon School District's default or breach of any of the covenants herein contained to be kept by School District, with fourteen (14) calendar days' notice, declare the Agreement terminated, provided this Agreement shall not be terminated if School District cures the default or breach within the fourteen (14) day notice period. School District shall upon termination of the Agreement due to breach or default return the Premises, and all keys thereto, and any equipment provided by City, to City in the same condition as received by School District at the commencement of the term of this Agreement, ordinary wear and tear and acts of God excepted. Any repairs or replacements made to the Premises by School District, its agents, employees, participants or invitees, shall be reversed promptly by the School District, at its own expense and in a manner to prevent liens from attaching to the Premises or City's funds, as a result thereof. 10. RIGHT OF REMOVAL: City shall have the right to temporarily remove the School District, under emergency situations as determined by the City, with as much notice as is practicable. 11. ASSIGNMENT SUBLETTING: The School District shall neither sublet the Premises or any part thereof nor assign this Agreement by any act or default nor transfer any of School District's interest by operation of law, nor offer the Premises or any part thereof for sublicense, nor permit the use thereof for sublicense, nor permit the use thereof for any purpose other than as above mentioned during the term of this Agreement, without in each case, the written consent of the City. 12. CITY NOT LIABLE: The City shall not be liable for any loss of property or defects in the Premises, or any accidental damages to the person or property of School District in or about the Premises, where such loss or injury results from water, rain or snow leaking into, issuing or 3 flowing from any part of the Premises or the building used to access the Premises, or from the pipes or plumbing of the same except when such damage results from the City s negligence The School District hereby covenants and agrees to make no claim for any such loss or damage at any time The Citv shall not be liable for any loss or damage to any personal property of the School District or any of its employees, invitees or contractors. 13. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon. apply and inure to the benefit of School District and City and their respective heirs, legal representatives. successors and assigns. 14. AMENDMENTS: No modifications or amendments or waiver of any provision hereto shall be valid and binding unless in writing and signed by both parties. 15. COMPLETE UNDERSTANDING: This Agreement sets forth all the terms and conditions. and agreements and understandings between School District and City relative to the subject matter hereof, and there are not agreements or conditions. either oral or written, expressed or implied, between them other than as herein set forth. 16. GOVERNING LAW: This Agreement and the rights and responsibilities of the parties hereto shall be interpreted and enforced in accordance with the laws of the State of Illinois. 17. WAIVER: No waiver of any default of School District hereunder shall be implied from an omission of City to take any action on account of such default and no express xvaiyer shall affect any default other than the default specified in that express waiver and then only for the time and to the extent therein stated. IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement by their authorized representatives as of the last date of signature shown below. (SIGNATURE PAGE TO FOLLOW] 4 SCHOOL DISTRICT: CITY: BOARD OF EDUCATION UNITED CITY OF YORKVILLE YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 KENDALL AND KANE COUNTIES, ILLINOIS � r { By; By: Its Presik 6t Its i ATTEST: ATTEST: By: By: a cu A oj Its ary Its i tu l K DATED: S �� 3 DATED: —T 5 EXHIBIT A-LEGAL DESCRIPTION OF PREMISES THAT PART OF THE EAST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 1 IN COUNTRYSIDE SUBDIVISION UNIT 1 AS RECORDED APRIL 24, 1963 AS DOCUMENT NUMBER 141299; THENCE SOUTH 00 DEGREES 51 MINUTES 55 SECONDS WEST, ALONG THE EAST LINE OF GAME FARM ROAD DEDICATED PER DOCUMENT 200500031011, A DISTANCE OF 114.71 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY 87.60 FEET, ALONG SAID EAST LINE, BEING A CURVE TO THE RIGHT WITH RADIUS OF 1036.00 FEET, CHORD BEARING SOUTH 03 DEGREES 17 MINUTES 16 SECONDS WEST AND CHORD LENGTH OF 87.57 FEET TO A POINT OF TANGENCY; THENCE SOUTH 05 DEGREES 42 MINUTES 36 SECONDS WEST, ALONG SAID EAST LINE 621.30 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 12 MINUTES 49 SECONDS EAST, 302.83 FEET TO THE EAST LINE OF PARCEL 3 DESCRIBED IN QUIT CLAIM DEED RECORDED AS DOCUMENT 9300548; THENCE SOUTH 05 DEGREES 20 MINUTES 23 SECONDS WEST, ALONG THE EAST LINE OF SAID PARCEL 3, 285.60 FEET TO THE SOUTH EAST CORNER OF SAID PARCEL 3; THENCE NORTH 85 DEGREES 39 MINUTES 37 SECONDS WEST, ALONG THE SOUTH LINE OF SAID PARCEL 3, A DISTANCE OF 303.18 FEET TO THE EAST LINE OF SAID GAME FARM ROAD; THENCE NORTHERLY 99.17 FEET ALONG SAID EAST LINE, BEING A CURVE TO THE RIGHT WITH A RADIUS OF 3464.00 FEET, CHORD BEARING NORTH 04 DEGREES 53 MINUTES 24 SECONDS EAST AND CHORD LENGTH OF 99.17 FEET TO A POINT OF TANGENCY; THENCE NORTH 05 DEGREES 42 MINUTES 36 SECONDS EAST, ALONG SAID EAST LINE, 183.52 FEET TO THE POINT OF BEGINNING. ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS. 1172496_2 6