TRANSMITTAL LETTER FOR BOARD MEETING OF JULY 11, 2013
COMMITTEE ON REAL ESTATE
Mr. David St. Pierre, Executive Director
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Authority to amend lease agreement dated April 1, 1993, between the District and the Forest Preserve District of DuPage County on 233.66 acres of District Main Channel Parcels 24.04, 25.03, and 26.07 in Lemont, DuPage County, Illinois to add Main Channel Parcels 27.03 and 27.04 comprising approximately 32.6 acres of District real estate located west of County Line Road, as extended, and north of the Des Plaines River in unincorporated DuPage County for a total new leasehold area of 266.26 +/- acres and to extend the lease term for an additional 19 years. Consideration shall be a nominal fee $10.00
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Dear Sir:
At its meeting of April 1, 1993, the District's Board of Commissioners ("Board") authorized the District to enter into a lease with the Forest Preserve District of DuPage County ("DuPage"). The leasehold comprises 233.66 acres of District real estate located between the Des Plaines River and the Sanitary & Ship Canal in Lemont, DuPage County, Illinois and known as Main Channel Parcels 24.04, 25.03 and 26.07 (the "Lease"). The Lease commenced in 1993 and expires in 2033. The use under the Lease is for public recreational use and constructing, operating and maintaining a segment of the Centennial Trail. The rent under the Lease is $10.00.
DuPage has requested to lease an additional 32.6 +/- acres of District real estate located west of County Line Road, as extended, and north of the Des Plaines River in unincorporated DuPage County, Illinois to treat invasive species thereon. DuPage is performing similar work on its own adjacent parcels and wants to incorporate the District's parcels into the overall project and has therefore requested that the term be extended for an additional 19 years.
The technical departments have no objections to amending DuPage's Lease to include Main Channel Parcels 27.03 and 27.04 and to extend the lease term for 19 years. Because Parcels 27.03 and 27.04 are not accessible by foot, public access thereto is not contemplated. However, the Lease amendment will contain provisions requiring that Green Infrastructure be implemented in the event any development is ever constructed on the original leasehold parcels during the Lease term.
Under 70 ILCS 2605/8c (11), said Lease is terminable upon service of a 1-year notice if the property becomes essential to the District's corporate needs.
It is requested that the Executive Director recommend to the Board of Commissioners that it authorize and approve an amendment of the lease agreement date April 1, 1993, between the District and the Forest Preserve District of DuPage County on 233.66 acres of District Main Channel Parcels 24.04, 25.03 and 26.07 in Lemont, DuPage County, Illinois to add Main Channel Parcels 27.03 and 27.04 comprising approximately 32.6 acres of District real estate located west of County Line Road, as extended, and north of the Des Plaines River in unincorporated DuPage County, Illinois for a total new leasehold area of 266.26+/- acres and to extend the lease term for an additional 19 years. Consideration shall be a nominal fee of $10.00.
It is also requested that the Executive Director recommend to the Board of Commissioners that it authorize and direct the Chairman of the Committee on Finance and the Clerk to execute the lease amendment agreement after it is approved by the General Counsel as to form and legality.
Requested, Ronald M. Hill, General Counsel, RMH:SM:rg
Recommended, David St. Pierre, Executive Director
Respectfully Submitted, Mariyana T. Spyropoulos, Chairman Committee on Real Estate Development
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for July 11, 2013
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