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HomeMy WebLinkAboutOrdinances - O-84-335 - 04/16/1984 - AGMT WITH LLPOA GIRL SCOUTS BOY SCOUTS LITTLE LEORDINANCE NO.0-84-335 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. The Agreement between Lakeland Park Property Owners Association, Inc., Lakeland Park Girl Scout Troops 41 and 488, Boy Scouts Troop 459, Lakeland Park Women's Club, Lakeland Park Little League and the City of McHenry, a copy of which is attached hereto as Exhibit A, be and the same is hereby approved, and the Mayor is hereby authorized and directed to sign said Agreement and the City Clerk to attest same on behalf of the City of McHenry and to deliver copies so signed and attested to the other signatory parties hereto. SECTION 2. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4. This ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. PASSED this 16thday of April , 1984. AYES: Nolan, Bolqer, Datz, Busse, Smith, McClatchey, Serritella, Snell NAYS : None ABSTAINED: None ABSENT: None NOT VOTING: None APPROVED this 16th day of April , 1984. ATTEST: !"" X.1 W81 I -2- THIS AGREEMENT made and entered into this day of , 1984 by and between LAKELAND PARK PROPERTY OWNERS ASSOCIATION, INC., (hereinafter referred to as the "Association"), LAKELAND PARK GIRL SCOUT TROOPS 41 and 488 (hereinafter referred to as "Girl Scouts"), BOY SCOUTS TROOP 459 (hereinafter referred to as "Boy Scouts"), LAKELAND PARK WOMEN'S CLUB (hereinafter referred to as "Women's Club"), LAKELAND PARK LITTLE LEAGUE (hereinafter referred to as "Little League"), and the City of McHenry, Illinois (hereinafter referred to as the "City"), W I T N E S S E T H- WHEREAS, the LAKELAND PARK PROPERTY OWNERS ASSOCIA- TION, INC. is desirous of dissolving its status as an Illinois not for profit corporation; and WHEREAS, the WOMEN'S CLUB, BOY SCOUTS, GIRL SCOUTS AND LITTLE LEAGUE are desirous of continuing their use of the LAKELAND PARK PROPERTY OWNERS ASSOCIATION, INC. Community House for their meetings and functions; and WHEREAS, LAKELAND PARK PROPERTY OWNERS ASSOCIATION, INC. is desirous of conveying all real estate, machinery, equipment and personal property to the CITY OF McHENRY; and WHEREAS, the CITY is willing to accept the conveyance of real estate, machinery, equipment and personal property from LAKELAND PARK PROPETY OWNERS ASSOCIATION, INC.; and WHEREAS, the CITY is willing to maintain the proper- ties conveyed to it by the ASSOCIATION; and WHEREAS, the ASSOCIATION has no debts and there is no pending litigation involving the ASSOCIATION. NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, along with the mutual promises of the parties hereto, it is agreed as follows: A. The ASSOCIATION agrees: 1. To convey to the CITY all real property, machinery, equipment and other personal property now in the possession of the ASSOCIATION. 2. All remaining funds of the ASSOCIATION after dissolution will be transferred to the CITY and earmarked for maintenance and upkeep of the premises and improvements thereon conveyed by the ASSOCIATION to the CITY pursuant to this Agreement. 3. The legal descriptions of the real property subject to this Agreement and to be conveyed to the CITY are attached hereto and incorporated herein as Exhibit A. B. The CITY agrees: 1. For the term of 3 years from the date of this Agreement to allow the GIRL SCOUTS, BOY SCOUTS, WOMEN'S CLUB and LITTLE LEAGUE to use the community house and also the baseball field for the same purposes and at the same frequency as they have used said facilities in the past, -2- provided, however, that the possession of alcoholic bever- ages on said premises or use by them is prohibited. 2. To allow the keys to the community house to be picked up at the City Clerk's office during regular business hours or upon prior arrangements with the City Clerk regarding entry and use. 3. There will be no rental or utility charges for use of the building by the groups mentioned herein. 4. The CITY will take no steps to demolish the community house and improvements or deprive the groups hereunder the use of the buildings and properties. 5. For the period of 3 years from the date of this Agreement, to maintain the community building on the premises located thereon in substantially their present condition, except that if the premises are destroyed or substantially damaged as a consequence of any casualty, the CITY shall be under no obligation to rebuild any of said facilities or to provide substitute facilities for any of the aforesaid organizations. 6. To provide janitorial services for the premises and buildings conveyed hereunder. 7. To install a chain link fence, at least 4 feet in height, on the western boundary line of the West Beach premises from the water's edge to the existing fence. -3- C. The GIRL SCOUTS, BOY SCOUTS, WOMEN'S CLUB and LITTLE LEAGUE agree: 1. They will make their own individual arrang- ments with the City Clerk for their use of the premises and when they would like to use the subject premises. Such arrangements shall be made a reasonable time in advance of the proposed use and any conflicts in the use of said premises or facilities by anyone else shall be conclusively resolved by the City Clerk. 2. To hold the City harmless from any and all damages, claims or causes of action that may arise through the use of the premises and not covered by the City's policy of liability insurance. 3. Whenever they are individually scheduled to use said premises, they will obtain the keys to the community house and any other facilities from the City Clerk's Office during the Clerk's regular business hours and will return said keys to the City Clerk's Office no later than the next date that the City Clerk's Office is open for business or at such other time that the City Clerk may direct. 4. To continue the use of the premises as they have in the past without dispensing alcoholic beverages. 5. To clean the rpemises immediately after use. -4- This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. LAKELAND PARK PROPERTY OWNERS ASSOCIATION, INC., BY: BOY SCOUTS TROOP 459 LAKELAND PARK LITTLE LEAGUE, BY: -5- LAKELAND PARK GIRL SCOUTS TROOPS 41 and 488 BY: LAKELAND PARK WOMEN'S CLUB BY: CITY OF McHENRY, BY.