Resolution 2024-34 Resolution No. 2024-34
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE AND BRISTOL-KENDALL FIRE
PROTECTION DISTRICT
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") and the
Bristol-Kendall Fire Protection District (the "District") are units of local government; 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.,(collectively,the"Authority") authorize
units of local government to contract or otherwise associate amongst 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, Riemenschneider Park (the "Park"), a park that is approximately 8 acres in
size and located at 600 Hayden Drive,Yorkville, Illinois, is a public park and is maintained by the
City's Parks Department; and
WHEREAS, the Park contains two baseball fields, various play structures and swings, a
shelter, a walking path, a splash pad and an open space designed for multi-purpose uses, along
with a fire department monument, flagpole, and brick honor wall and plaza dedicated to the fire
service; and
WHEREAS,the City has been solely responsible for the maintenance of the entire park in
the past; and
WHEREAS,the District and the City desire to share in the maintenance responsibilities at
the Park moving forward; and
WHEREAS, the City has determined that it is in the best interest of its residents to enter
into an Intergovernmental 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.
Resolution No. 2024-34
Page 1
Section 2. That the Intergovernmental Agreement Between the United City of Yorkville
and the Bristol-Kendall Fire Protection District, attached hereto and made a part hereof by
reference, 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 City Council of the United City of Yorkville, Kendall County, Illinois this
27th day of August, A.D. 2024.
r ?
CHIT CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS ABSENT RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this9 day of '. 'n er- , A.D. 2024.
MAYOR
Attest:
1
CI Y CLERK
Resolution No. 2024-34
Page 2
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE AND THE
BRISTOL-KENDALL FIRE PROTECTION DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT(the"Agreement") is made and entered into this
day of 2024,by and between the United City of Yorkville, Kendall County, Illinois, an
Illinois municipal corporation (hereinafter "City"), and the Bristol-Kendall Fire Protection District
(hereinafter "District").
WHEREAS,the District and the City are units of local government and public agencies within the
meaning of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) (the `Act") and are
authorized by the Act and by Article VII,Section 10 of the 1970 Constitution of the State of Illinois to enter
into intergovernmental agreements of cooperation; and
WHEREAS, Riemenschneider Park(the "Park"), a park that is approximately 8 acres in size and
located at 600 Hayden Drive, Yorkville, Illinois, is a public park and is maintained by the City's Parks
Department; and
WHEREAS,the Park is located just south of the District's Fire Station No. 2 and is a fire-house
themed park that contains two baseball fields,various play structures and swings,a shelter, a walking path,
a splash pad and an open space designed for multi-purpose uses; and
WHEREAS, the Park also contains a fire department monument, flagpole, and brick honor wall
and plaza dedicated to the fire service; and
WHEREAS,the City has been solely responsible for the maintenance of the entire park in the past;
and
WHEREAS,the District and the City desire to share the maintenance responsibilities at the Park
moving forward; and
WHEREAS,the District shall be responsible for the maintenance and upkeep of the flagpole, fire
department monument, brick honor wall and adjacent plaza located at the Park, said maintenance and
upkeep including keeping the area free of garbage and debris, replacing any flags as needed due to wear
and tear, replacing any structure or equipment included in or located on the monument, honor wall and
plaza, should said equipment or structure become irreparably damaged or lost, and conducting repairs to
any structure or equipment included in or located on the monument, honor wall and plaza due to everyday
wear and tear(the "District Responsibilities"); and
WHEREAS, The City shall be responsible for all maintenance at the Park that is not indicated in
identified as a District Responsibility, including but not limited to mowing and lawn maintenance at the
Park, along with the maintenance and care of any and all athletic grounds and fields, play structures, water
features, walking paths, benches,tables and pavilions(the"City Responsibilities"); and
WHEREAS,the District and the City agree it is in the best interests of the community to set forth
the responsibilities of each party for the shared maintenance of the Park, in accordance with the terms and
conditions as hereinafter set forth.
NOW THEREFORE, in condition of the premises and the mutual covenants and agreements as
hereinafter set forth, the City and the District agree as follows:
Section 1. The above recitals are hereby incorporated by reference as if fully restated herein.
Section 2. The District agrees to perform the District Responsibilities during the term of this
Agreement.
Section 3. The City agrees to perform the City Responsibilities during the term of this
Agreement.
Section 4. The District shall indemnify, hold harmless and defend the City and any of its
officials,employees or agents from and against all liability,claims,suits,demands,proceedings and actions,
including costs,fees and expenses of defense,arising from,growing out of,or related to,any loss,damage,
injury, death, or loss or damage to property resulting from, or connected with, the negligent and/or willful
acts or omissions of the District or its employees and agents in their performance under this Agreement
and/or entry onto the City's property, provided, however, that District shall not be obligated to indemnify,
hold harmless and defend the City for any negligent or intentional wrongful acts or omissions by City
officials, employees, agents or personnel.
Section 5. The City shall indemnify, hold harmless and defend the District and any of its
officials,employees or agents from and against all liability,claims,suits,demands,proceedings and actions,
including costs,fees and expenses of defense,arising from,growing out of, or related to,any loss,damage,
injury, death, or loss or damage to property resulting from, or connected with, the negligent and/or willful
acts or omissions of the City or its employees and agents in their performance under this Agreement and/or
entry onto the District's property, provided, however, that City shall not be obligated to indemnify, hold
harmless and defend the District for any negligent or intentional wrongful acts or omissions by District
officials, employees, agents or personnel.
Section 6. Notices: Any notice given in connection with this Agreement shall be given in
writing and shall be delivered via personal service, regular mail,or email to the following:
If to the City:
United City of Yorkville
Parks Department
651 Prairie Pointe Drive
Yorkville, IL 60560
[EMAIL]
If to the District:
Bristol Kendall Fire Protection District
103 Beaver Street
Yorkville, IL 60560
Attn: Fire Chief
[EMAIL]
Section 7. The term of this Agreement shall commence upon execution by the parties hereto
and shall be in full force and effect for a period of ten(10)years from commencement unless terminated in
writing signed by both parties.
Section 8. Any term or condition of this Agreement may be amended, deleted or altered only
by written agreement approved by and duly executed by the City and the District.
Section 9. This Amendment may be executed in several counterparts that shall be an original
and shall constitute but on and the same Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement effective on the day
and date first above written.
United City of Yorkv' le, an Illinois municipal
corporation
By:
Mayor
,4., k;'�. Date:� Clerk
Bristol Kendall Fire Protection District
By: k-
President '
Attest: 1
i
iVI a) a C Date: q Q. 'vLi Y j
Secretary