HomeMy WebLinkAboutRESOLUTIONS-2001-042-R-01IS
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5/23/01
42-R-01
A RESOLUTION
Providing Assurance To OSLAD That If
The City's Lease With MWRDGC Is Terminated,
The City Will Relocate All OSLAD Facility Improvements
To Comparable Replacement Land
WHEREAS, the Open Space Lands Acquisition and Development (OSLAD) grant
is a state -financed program operated by the Illinois Department of Natural Resources
(IDNR); and
WHEREAS, an OSLAD grant can be requested for development of land for
public outdoor recreation purposes; and
WHEREAS, the OSLAD grant program operates on a reimbursement basis
providing up to 50% assistance for approved project costs, with a maximum award of
$400,000; and
WHEREAS, land developed in part with OSLAD grant funds must be operated
and maintained in perpetuity for public outdoor recreation use; and
WHEREAS, a $400,000 grant award binds property within the project site to the
herein stated outdoor recreation use requirement for a period of 20 years; and
WHEREAS, an applicant, as part of its proposal, must submit either a
Commitment for Title Insurance, Deed, or Lease Agreement; and
WHEREAS, if an applicant submits a Lease Agreement, such agreement must
not be revocable at will by the lessor, and must contain a safeguard to insure perpetual
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outdoor recreational use of the property within the project boundary; and
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42-R-01
WHEREAS, if said Lease Agreement is revocable at will or does not contain the •
described safeguard, then the applicant must provide assurance to the OSLAD, through
a duly adopted Resolution, that it will relocate all OSLAD facility improvements to
comparable replacement land if the lease is terminated; and
WHEREAS, the City Council has designated $826,400 for renovations in Butler
Park for FY 2002-03 in the 2001-07 CIP,
WHEREAS, the City's Parks/Forestry & Recreation Department is submitting a
proposal to OSLAD for a $400,000 grant for Butler Park for FY 2002; and
WHEREAS, if grant funds are used for Butler Park renovations, the Butler Park
property must be operated and maintained for public outdoor recreation use for 20
years; and
WHEREAS, the City is leasing the Butler Park property from the Metropolitan
Water Reclamation District of Greater Chicago (MWRDGC); and
WHEREAS, the Lease Agreement is revocable at will, after a one-year notice, by
the MWRDGC; and
WHEREAS, the Lease Agreement does not contain a safeguard to insure the
perpetual outdoor recreation use of property within the project boundary;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City will make every effort to continue the lease of the
Butler Park property with the MWRDGC.
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42-R-01
• SECTION 2: That if the lease with MWRDGC is terminated and the property
within the project boundary is converted to non-public outdoor recreational use, the City
will relocate all OSLAD facility improvements to comparable replacement land.
SECTION 3: That according to OSLAD guidelines, the IDNR shall be the sole
judge in determining the acceptability of the comparable replacement land.
SECTION 4: That according to OSLAD guidelines, the IDNR will not provide
grant funds for the purpose of assisting the City in acquiring the replacement land.
SECTION 5: That the City reserves the right, in lieu of providing replacement
land, to reimburse OSLAD with a percentage of the total grant amount, prorated over
the number of years out of the 20-year time period (or other designated time period) that
the Butler Park property is not used for outdoor recreation use.
• SECTION 4: That this Resolution shall be in full force and effect from and after
its passage and approval in the manner provided by law.
Lorraine H. Mo on, Mayor
ATTEST:
I , U (-� -_9 X* VWr
y 0 ('t Clerk
Adopted: 2001
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