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Resolution 2024-22 Resolution No. 2024-22 RESOLUTION APPROVING A SUBLEASE AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT NO. 115 WHEREAS,the United City of Yorkville,Kendall County, Illinois,is an Illinois municipal corporation (the "City"), and Yorkville Community Unit School District No. 115 is an Illinois school district(the "District") (collectively the "Parties"); and WHEREAS, the District has entered into a Lease Agreement (the "District's Lease Agreement") dated July 9, 2023, with Bristol Township, the owner of certain property located south of the District's high school building on Game Farm Road, Yorkville, Illinois, (the "Premises") for the purpose of maintaining an athletic and band practice field and providing access and parking area for school buses and automobile traffic; and WHEREAS, the City has acquired a permanent easement from the District near the Premises for the purpose of drilling a well ("Well 10") to ensure the availability of a water supply to City residents and businesses and also a temporary easement to permit access to the District's property during construction of Well 10; and WHEREAS, in order to access the construction area for Well 10, it is also necessary to utilize that portion of the Premises used by the District for ingress and egress of the school buses (the "Private Roadway") for the ingress and egress of the trucks and equipment to drill for, construct, and thereafter maintain or replace Well 10 and the watermain leading thereto; and WHEREAS, the District recognizes the need of the City to utilize the Private Roadway to provide ingress and egress, and is prepared to permit the City to utilize it; and WHEREAS, the City has determined that it is in the best interest of its residents to enter into a Sublease Agreement attached hereto as Exhibit "A", in furtherance of the stated goals and desires set forth above. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the 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. A Sublease Agreement between the United City of Yorkville and the Board of Education of Yorkville Community Unit School District No. 115, 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. Resolution No. 2024-22 Page I Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 23rd day of April, A.D. 2024. IT 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 APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this 36 day of , A.D. 2024. r MAYOR Attest: Cl CLERK Resolution No. 2024-22 Page 2 SUBLEASE AGREEMENT This Sublease Agreement (the "Sublease") is dated this a34y of April 2024 by and between Yorkville Community Unit School District #115, an Illinois public school district (the "District") and the United City of Yorkville, Kendall County, Illinois, a non-home rule municipality of the State of Illinois ("City"). WHEREAS, the District has entered into a Lease Agreement (the "District's Lease Agreement") dated July 9, 2023, with Bristol Township, the owner of certain property located south of the District's high school building on Game Farm Road, Yorkville, Illinois, legally described in Exhibit A attached hereto (the "Premises")for the purpose of maintaining an athletic and band practice field and providing access and parking area for school buses and automobile traffic; and WHEREAS, the City has acquired a permanent easement from the District near the Premises for the purpose of drilling a well ("Well 10")to ensure the availability of a water supply to the City residents and businesses and also a temporary easement to permit access to the District's property during construction of Well 10; and WHEREAS, in order to access the construction area for Well 10, it is also necessary to utilize that portion of the Premises used by the District for ingress and egress of the school buses (the "Private Roadway") for the ingress and egress of the trucks and equipment to drill for, construct, and thereafter maintain or replace Well 10 and the watermain leading thereto; and WHEREAS,the District recognizes the need of the City to utilize the Private Roadway to provide ingress and egress and as depicted in Exhibit B attached hereto and is prepared to permit the City to utilize it pursuant to the terms and conditions as hereinafter set forth. NOW THEREFORE, in consideration of the foregoing including the public purposes of this Sublease, the District and the City agree as follows: .Section 1. The preambles hereinabove set forth are hereby incorporated herein as of fully restated. Section 2. The District hereby agrees to allow the City the use of the Private Roadway as depicted for Exhibit B for the sole purpose permitting trucks and equipment ingress and egress to the specific area to construct, maintain and repair Well 10and the watermain leading thereto. Section 3. The City covenants and agrees that the use of the Private Roadway for ingress and egress of the trucks and equipment to construct Well 10 shall not interfere with the District's use of the Private Roadway. Section 4. The term of this Sublease shall commence with the date of commencement of construction of Well 10 by the City, notice thereof shall be given to the District no less than ten (10) business days prior thereto. This Sublease shall terminate upon the termination of the District's Lease Agreement. 1 Section 5. The City covenants and agrees that it shall remove any earth, gravel, machinery of any kind from the Private Roadway on a daily basis and shall not permit any truck or equipment to block the Private Roadway at any time during the term of this Sublease and shall repair any damage caused to the Private Roadway resulting from its use by the City. Section 6. The City shall defend, indemnify, and hold harmless the District, its Board of Education, officers, employees, and agents against and from any and all liabilities, claims, losses, costs, damages and expenses of every nature whatsoever, including without limitation reasonable attorneys' fees, suffered, incurred or sustained by anyone of them, including without limitation liabilities of the death of or injury to any person or the loss, destruction or damage to any property, relating directly or indirectly to its use of the Private Roadway. Such obligation, however, shall not extend to any act, negligence, or misconduct by any of the aforesaid indemnified parties. Section 7. The City shall keep in full force and effect at all times general public liability insurance, Workers' Compensation insurance, and such other types of insurance with coverage in amounts as currently held by the City and shall name the School District, its Board of Education, officers, employees and agents as additional insureds on any such insurance, to be evidenced by a Certificate of Insurance delivered to the School District. The City shall require any contractor(s) or subcontractor(s) using the Private Roadway to obtain and keep in full force and effect and for so long as any claim relating to the construction of Well 10 legally may be asserted, all insurance coverage as mandated by the City's Code. Section 8. The City shall conduct all activities on the Private Roadway, and shall require its employees, agents, and contractors to conduct all activities on the Private Roadway at all times in a safe and sound manner so as to avoid any damage to the Private Roadway, and in accordance with all applicable laws, rules, regulations and ordinances. Moreover, City shall comply with all applicable provisions of the District's Lease Agreement. Section 9. Notices to the parties shall be in writing and delivered by personal service or by the U.S.P.S. certified or registered mail, postage prepaid, to the parties at the following addresses: If to the City: United City of Yorkville Attn: City Administrator 651 Prairie Pointe Dr. Yorkville, Illinois 60560 With a copy to: Kathleen Field Orr, City Attorney Ottosen DiNolfo Hasenbalg& Castaldo, Ltd. 1804 N. Naper Blvd., Suite 350 Naperville, Illinois 60563 If to the School District: Yorkville Community Unit School District No. 115 Attn: Superintendent 800 Game Farm Rd. Yorkville, Illinois 60560 2 With a copy to: Hodges, Loizzi, Eisenhammer, Rodick& Kohn Attn: Kerry B. Pipal 500 Park Blvd., Suite 1000 Itasca, Illinois 60143 Section 10. This Sublease may be executed in counterparts. Section 11. This Sublease contains the entire understanding of the parties with respect to the subject matter hereof and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, and merged herein. This Agreement may be modified only by written instrument executed by the City and the District. IN WITNESS WHEREOF,the Parties hereto have caused this Agreement to be executed by their duly authorized on the above date at Yorkville, Illinois. United City of Yorkville, Kendall County, Illinois, a municipal corporation By: �. Mayor Attest: *ty Board of Education of Yorkville Community Unit School District No. 115, Kendall and Kane Counties, Illinois Ba R-,-- President s 3 EXHIBIT A THAT PART OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHJP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF BLOCK 6 AND PART OF VACATED PARK STREET,ALL IN THE ORIGINAL TOWN OF BRISTOL, LYING WESTERLY OF THE CENTER LINE OF GAME FARM ROAD BEING DESCRIBED COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF CONOVERIS FIRST SUBDNISION: THENCE WEST ALONG THE EASTERLY EXTENSION OF THE NORTH LINE OF ELMWOOD CEMETERY AND SAID NORTH LINE A DISTANCE OF 715.0 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO THE BRISTOL-KENDALL CEMETERY COMMITTEE BY QUIT CLAIM DEED RECORDED MARCH 18, 1985 AS DOCUMENT 85-1042; THENCE NORTH ALONG THE EAST LINE AND SAID EAST LINE EXTENDED NORTHERLY A DISTANCE 190 FEET; THENCE NORTH 87 DEGREES 35 MINUTES 18 SECONDS EAST PARALLEL WITH SAID NORTH LINE OF ELMWOOD CEMETERY A DISTANCE OF 1130.98 FEET TO THE CENTERLINE OF GAME FARM ROAD FOR THE POINT OF BEGINNING; IBENCE SOUTH 87 DEGREES 35 MINUTES 18 SECONDS WEST A DISTANCE OF 1472.0 FEET TO A POINT ON THE EAST LINE OF THE YORKVILLE HIGH SCHOOL PROPERTY; THENCE NORTH O1 DEGREES 23 MINUTES 13 SECONDS WEST ALONG SAID EAST LINE A DISTANCE OF 287.34 FEET TO THE SOUTH LINE OF SAID YORKVILLE HIGH SCHOOL PROPERTY; THENCE NORTH 88 DEGREES 17 MINUTES 40 SECONDS EAST ALONG SAID SOUTH LINE YORKVILLE HIGH SCHOOL PROPERTY, A DISTANCE 340.96 FEET; THENCE SOUTH 89 DEGREES 44 :MINUTES 23 SECONDS EAST CONTINUE ALONG SAID SOUTH LINE OF YORKVJLLE HIGH SCHOOL PROPERTY A DISTANCE OF 1127.77 FEET TO THE CENTER LINE OF GAME FARM ROAD. THENCE SOUTH ALONG SAID CENTER LINE A DISTANCE OF 230 FEET MORE OR LESS TO THE POINT OF BEGINNING CONTAINING 8.89 ACRES MORE OR LESS IN THE TOWNSHJP OF BRISTOL, KENDALL COUNIY, ILLINOIS EXHIBIT B x t s y O Vi 011 -for 00000003 OPY n z ` - ri a 4 Info too W. �. I, o a ` t X2 fit` c r W