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Resolution 2023-26Resolution No. 2023-26 A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, APPROVING A MEMORANDUM OF UNDERSTANDING WITH YORKVILLE CONGREGATIONAL UNITED CHURCH OF CHRIST 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, Yorkville Congregational United Church of Christ, Kendall County, Illinois ("YCUCC") is an Illinois religious corporation, formed and presently existing at 409 Center Parkway, Yorkville, Kendall County, Illinois; and, WHEREAS, YCUCC has agreed to donate certain property to the City, legally described on Exhibit A attached hereto, for the use as a park and the City and YCUCC have entered into a Memorandum of Understanding in the form attached hereto, defining the respective rights, duties and responsibilities of the parties; and, WHEREAS, the City has determined the addition of a park at the proposed location is in the best interest of the residents of the City and is prepared to enter into said Memorandum of Understanding with YCUCC. 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 Memorandum of Understanding by and between the United City of Yorkville and Yorkville Congregational United Church of Christ attached hereto and made a part hereof by this reference is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Memorandum on behalf of the United City of Yorkville. Resolution No. 2023-26 Page 1 Section 2. That this Resolution shall be in full force and effect upon its passage and approval as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 81h day of August, A.D. 2023. Cl Y CLERK KEN KOCH AYE DAN TRANSIER AYE ARDEN JOE PLOCHER AYE CRAIG SOLING AYE CHRIS FUNKHOUSER AYE MATT MAREK AYE SEAVER TARULIS AYE RUSTY CORNEILS AYE PPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this IL day of , A.D. 2023. 7t MAYOR Attest: �� � k�*- &R&J CI LERK Resolution No. 2023-26 Page 2 MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE UNITED CITY OF YORKVILLE AND THE YORKVILLE CONGREGATIONAL UNITED CHURCH OF CHRIST THIS MEMORANDUM OF UNDERSTANDING ("Agreement") is entered into as of the date shown below by and between the Yorkville Congregational United Church of Christ, Kendall County, Illinois ("YCUCC") and the United City of Yorkville ("City"). WIT NESS/.ETH: WHEREAS, YCUCC is an Illinois religious corporation, formed and presently existing at 409 Center Parkway, Yorkville, Kendall County, Illinois; and WHEREAS, City is a duly organized and validly existing non -home rule municipal corporation established and operated pursuant to the Constitution of the State of Illinois of 1970 and the Illinois Municipal Code, 65 ILCS 511-1-1 et seq. (the "Municipal Code"); and WHEREAS, the City is authorized to enter into this Memorandum of Understanding pursuant to its authority to contract and hold real property under Section 2-2-12 of the Municipal Code (65 ILCS 5/2-2-12); and WHEREAS, YCUCC has agreed to donate certain property, as legally described and depicted on Exhibit A (the "Property"), to the City for use as a public park (the "Park"); and WHEREAS, the parties mutually desire to enter into this Agreement in order to define their respective rights, duties and responsibilities with respect to the Property. NOW, THEREFORE, in consideration of the terms and conditions contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, City and YCUCC agree as follows: 1. INCORPORATION OF PREAMBLES: The preambles are hereby incorporated into and made a part of this Agreement. 2. THE PROPERTY: Legally described on Exhibit A attached hereto. 3. REVERTER: YCUCC and the City agree that the Property shall be conveyed to the City by Quit Claim Deed for the exclusive use as a Park to be named Countryside Pavilion Park, ,subject to a right of reverter to YCUCC in the event the use of the Property as a Park ceases for a period of two (2)years (provided that YCUCC, is in operation at its current location at 409 Center Parkway, Yorkville, Illinois), identified as parcel number 02-29-226-018 ("YCUCC Property"). It is understood and agreed that in the event YCUCC Property ceases to be used for YCUCC purposes, this right of reverter shall become void and the City shall own the Property without restriction. YORKVILLE, CITY / Administration / MOU with YCUCC /550213 4. CITY'S DUTIES: The City shall provide for the following items to be installed or constructed on the Property: a playground, a shelter, electrical outlets, trash cans, and dumpster pads, which pads may be on Property, all as depicted on Exhibit B. The City shall also pave and stripe the gravel parking lot to the south of YCUCC with asphalt. The City shall provide street parking spaces for use by visitors to the Property. The City shall be responsible for all upkeep, maintenance and repair of all City owned property. Should a group of 30 or more individuals request to rent the Park, the City shall notify YCUCC via telephone, email, or regular mail to the address listed under Section 8, Notice. 5. YCUCC'S DUTIES: YCUCC shall be responsible for maintenance, upkeep and repair of the parking lot located on the south border of YCUCC—Property, including plowing the parking lot during winter weather conditions. YCUCC shall be responsible for all upkeep, maintenance and repair of all Church Property. 6. YCUCC USE OF THE PARK: YCUCC shall be entitled to exclusive use of the Park without paying any fees or assessments to the City for such use for 10 (ten) days every calendar year. 7. TERM: This Agreement shall commence upon its effective date and terminate in 25 years from the effective date with the exception of the right of reverter as provided in paragraph 3. 8. NOTICE: Notices under this agreement shall be provided as follows: To the City: The United City of Yorkville 651 Prairie Pointe Drive Yorkville, IL 60560 with copy to: Kathleen Field Orr 2024 Hickory Rd., Suite 205 Homewood, IL 60430 Yorkville Congregational United Church of Christ: 409 Center Parkway Yorkville, Illinois 60560 Attn: Church Administrator 9. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon, apply and inure to the benefit of YCUCC and City and their respective heirs, legal representatives, successors and assigns. YORKVILLE, CITY / Administration / MOU with YCUCC /550213 10. AMENDMENTS: No modifications or amendments or waiver of any provision hereto shall be valid and binding unless in writing and signed by both parties. 11. COMPLETE UNDERSTANDING: This Agreement sets forth all the terms and conditions, and agreements and understandings between YCUCC 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. 12. 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. 13. WAIVER: No waiver of any default of either party hereunder shall be implied from an omission of the parties to take any action on account of such default and no express waiver 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 Memorandum of Understanding by their authorized representatives as of the last date of signature shown below. CHURCH: CITY: YORKVILLE CONGREGATIONAL UNITED CHURCH OF CHRIST By: Its ATTEST: By: k k#- &4 0-- Its C'hiy'rpevsc+r` S U7 UNITED CITY OF YORKVILLE By: J Its M a � 0 ATTEST: 1 F'Ly:Q� Q�, �f ir• i j 1'1021) YORKVILLE, CITY / Administration / MOU with YCUCC /550213 EXHIBIT A - INSERT DEPICTIONIDESCRIPTION OF PROPERTY YORKVILLE, CITY / Administration / MOU with YCUCC /550213 LEGAL DESCRIPTION THAT PART OF BLOCK 4, IN COUNTRYSIDE CENTER UNIT 4 DESCRIBED AS FOLLOWS: BEGINNING AT THE EASTERLY MOST CORNER OF LOT 1 IN THE RESUBDIVISION OF PART OF BLOCK 4, COUNTRYSIDE CENTER UNIT 4; THENCE NORTH 47 DEGREES 56 MINUTES 11 SECONDS WEST, ALONG THE NORTHEASTERLY LINE OF SAID LOT 2, A DISTANCE OF 153.84 FEET TO THE NORTHERLY MOST CORNER OF SAID LOT 2; THENCE NORTH 33 DEGREES 11 MINUTES 25 SECONDS EAST, 81.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 24 SECONDS EAST, 127.00 FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 51 SECONDS EAST, 94.00 FEET TO THE SOUTHEASTERLY LINE OF SAID BLOCK 4; THENCE 129.00 FEET SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 1633.00 FEET, CHORD BEARING SOUTH 48 DEGREES 28 MINUTES 34 SECONDS WEST, AND CHORD LENGTH OF 128.97 FEET TO THE POINT OF BEGINNING.