Ordinance 2010-61 Ordinance No. 2010 - 1 e3
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING A TIIIRD AMENDMENT TO LEASE - DONATION AGREEMENT FOR THE
BLACKBERRY CREEK PROPERTY BY AND BETWEEN THE CITY AND CORLANDS
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, the City desires to lease certain property from Corporation for Open Lands, an
Illinois not - for -profit corporation ( "CorLands ") pursuant to a Third Amendment to Lease - Donation
Agreement by and between the City and CorLands (the "Lease "), attached hereto and made a part
hereof, in accordance with the terms and conditions therein specified.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Third Amendment to Lease - Donation Agreement by and between Corporation
for Open Lands, an Illinois not - for -profit corporation, and the United City of Yorkville in the form
attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized and directed to
execute same.
Section 3. The Mayor is hereby authorized to undertake any and all actions as may be required
to implement and enforce the provisions of said Lease, and, in particular, any and all undertakings on the
part of the City as itemized therein.
Section 4. That this Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
Day of A.D. 2010.
ATTEST
C RK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER I
WALTER WERDERICH '— MARTY MUNNS
ROSE ANN SPEARS l GEORGE GILSON JR.
v
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
070 Day of (bEC6M664 , A.D. 2010.
i
MAYOR
i
Third Amendment to Lease - Donation Agreement
This Third Amendment to Lease - Donation Agreement ( "Third Amendment ") is made
this 14 day of _WC -M9*A , 2010, by and between CORPORATION FOR
OPEN LANDS, an Illinois not - for - profit corporation ( "CorLands "), and UNITED CITY
OF YORKVILLE, a unit of local government ( "Yorkville ").
WHEREAS, Yorkville and CorLands (collectively, the "Parties ") entered into a Lease -
Donation Agreement on July 11, 2003, expiring July 11, 2008; and
WHEREAS, the Parties extended the Lease - Donation Agreement for an additional one -
year term under an Amendment to Lease - Donation Agreement dated September 9, 2008
(the "First Amendment "); and
WHEREAS, the Parties extended the Lease - Donation Agreement for an additional one -
year term under a second Amendment to Lease - Donation Agreement dated September
22, 2009 (the "Second Amendment "); and
WHEREAS, the one -year extension under the Second Amendment expired on July 11,
2010, and the Parties desire to extend the Lease - Donation Agreement for three (3)
additional one -year terms.
NOW THEREFORE, the Parties agree as follows:
1. The Lease - Donation Agreement shall continue in effect for an additional one-
year term;
2. All of the terms of the Lease - Donation Agreement are hereby ratified and
approved and shall remain in full force and effect; except that the commitment
fee for this current one -year term shall be $10,000.00, due within thirty (3 0)
days of Yorkville's execution of this Third Amendment.
3. The parties agree that Yorkville may, at its option, extend the term of this
Third Amendment for an additional one -year term, through July 11, 2012,
upon receipt by CorLands of an additional $11,000.00 commitment fee on or
before July 11, 2011; and for a second additional one -year term, through July
11, 2013, upon receipt by CorLands of an additional $12,000.00 commitment
fee on or before and July 11, 2012.
4. Yorkville acknowledges and agrees that CorLands may, at its sole discretion,
convey Parcel 2 during the term of this Amendment in accordance with
Paragraph 3.1 of the Real Estate Donation Agreement dated July 11, 2003,
between CorLands and MPI -2 Yorkville South II LLC, an Illinois limited
liability company.
END OF AGREEMENT — SIGNATURES FOLLOW
Page 1 121912010
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the day
and year first above written.
UNITED CITY OF YORKVILLE,
A unit of local government
By:
[signature] [printed]
Its:
CORPORATION FOR OPEN LANDS,
An Illinois not - for - profit corporation
By:
[signature] [printed]
Its: L - l nr - C. /�/tif4v� �t.•►�. 5 1e-ctdhj *-
Page 2 121912010