===== PDF PAGE 93 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: SK. AGENDA ITEM NUMBER: First Amendment to a Land Exchange Agreement St. Vincent De Paul FILE NUMBER: COMMITTEE AGENDA DATE: N/A Resolution No. 21-R-0053 COUNCIL AGENDA DATE: July 6, 2021 STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE L032? — APPROVED BY CITY ADMINISTRATOR: Michael SIGNATURE Guttman In April of 2003, the City Council executed a Land Exchange Agreement with St. Vincent De Paul (SVDP) to convey the property at 129 McConnell Street to SVDP in exchange for four parcels at the northwest corner of High Street and Center Street. When the exchange occurred, it was anticipated that the property acquired by the City would be developed as a municipal parking lot. As part of the land exchange, the City agreed to lease 12 parking stalls within the future parking lot to SVDP for their exclusive use during their regular business hours. While the municipal parking lot was never constructed on this property, the City still leased, and con- tinues to lease, 12 parking stalls to SVDP on the portion of the property immediately adjacent to the alley off Center Street. The City does not intend to construct a municipal parking lot and instead pro- poses to convey the property at High Street and Center Street to Aspen Venture Group (AVG). Once this land acquisition occurs, AVG plans to construct eight single-family attached townhome units on the property. To accommodate this development, the 12 existing perpendicular parking stalls on the property used by SVDP must be redesigned as well as reduced to four parallel parking stalls. SVDP has agreed to this reduction in parking stalls and AVG is preparing development plans that will include four parking stalls near the alley. A first amendment to the Land Exchange Agreement is necessary to reduce the amount of parking stalls reserved for SVDP from 12 to four. Staff has prepared a first amendment to the agreement to address this reduction in spaces. ACTION PROPOSED: Consideration of the First Amendment to the Land Exchange Agreement with St. Vincent De Paul. COMMITTEE RECOMMENDATION: This item did not go to a committee. ATTACHMENTS: Resolution First Amendment to the Land Exchange Agreement ===== PDF PAGE 94 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO RESOLUTION NO. 2021-R-0053 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND ST. VINCENT DE PAUL ADOPTED BY THE CITY COUNCIL OF THE CITY OF WEST CHICAGO JULY 6, 2021 Published in pamphlet form by the authority of the City Council of the City of West Chicago, DuPage County, Illinois on the day of July, 2021. ===== PDF PAGE 95 ===== [Extraction: OCR (rendered-page OCR)] RESOLUTION NO. 2021-R-0053 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE LAND EXCHANGE AGREEMENT WITH ST. VINCENT DE PAUL BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled that the Mayor is hereby authorized to execute a First Amendment to the Land Exchange Agreement with St. Vincent De Paul for the reduction in number of parking stalls reserved for St. Vincent De Paul on the property located at the northwest corner of High Street and Center Street, in substantially the form attached hereto, and incorporated herein as Exhibit “A”. APPROVED this day of , 2021. AYES: NAYS: ABSTAIN: ABSENT: Mayor ATTEST: City Clerk ===== PDF PAGE 96 ===== [Extraction: OCR (rendered-page OCR)] FIRST AMENDMENT TO THE LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF WEST CHICAGO AND ST. VINCENT DE PAUL This FIRST AMENDMENT to the Land Exchange Agreement (the “First Amendment”) made this day of , 2021 by and between the City of West Chicago, an Illinois municipal corporation, situated in DuPage County, Illinois (hereinafter referred to as the “CITY”) and St. Vincent De Paul, an Illinois not-for-profit corporation, situated in DuPage County, Illinois (hereinafter referred to as “ST. VINCENTS”); the CITY and ST. VINCENT are sometimes hereinafter referred to individually as “PARTY” and collectively referred to as PARTIES”. RECITALS WHEREAS, the CITY is authorized to exchange real property pursuant to the Illinois Municipal Code, 65 ILCS 5/11-76.2 et seq.; and WHEREAS, pursuant to the authority cited herein above, on April 7, 2003, the CITY approved a Land Exchange Agreement with ST. VINCENT (hereinafter referred to as the “AGREEMENT”), as reflected in Ordinance 2003-O-0002; and WHEREAS, the AGREEMENT included the acquisition of four parcels located at the southwestern corner of Center Street and High Street, West Chicago, DuPage County, Illinois, as described herein in Exhibit “A” (hereinafter the “PROPERTY”), from ST. VINCENTS to the CITY; and WHEREAS, Article I, Section 1.05 of the AGREEMENT provided for certain obligations of the CITY and ST. VINCENTS following the exchange of the PROPERTY related to the planning and construction of a municipal parking lot on the PROPERTY; and WHEREAS, among the obligations includes the dedication of twelve (12) parking stalls on the PROPERTY for use by ST. VINCENT during business hours; and WHEREAS, a municipal parking lot has not been planned nor constructed on the PROPERTY; and WHEREAS, the CITY has determined it to be in the best interest of the residents of the CITY to instead offer for sale the PROPERTY to allow for the development of the PROPERTY as single-family attached dwellings (hereinafter the “DEVELOPMENT”); and WHEREAS, both the CITY and ST. VINCENTS acknowledge that the number of parking stalls on the PROPERTY to accommodate ST. VINCENTS must be reduced from twelve (12) to four (4) to accommodate the proposed DEVELOPMENT. ===== PDF PAGE 97 ===== [Extraction: OCR (rendered-page OCR)] NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms, and conditions herein set forth, and the understandings of each PARTY to the other, the PARTIES do hereby mutually covenant, promise and agree to amend Article I of the AGREEMENT, pursuant to Article VII, Section 7.04 of the AGREEMENT, by deleting Section 1.05 in its entirety and replacing it with the following: “Section 1.05. Additional Obligations. Once the properties have been exchanged, the CITY, in its sole discretion, may sell the ST. VINCENT’S PARCEL to a third party for future development. In the event the ST. VINCENT’S PARCEL is sold by the CITY to a third party, the CITY shall work cooperatively with the future property owner to ensure development plans prepared for the ST. VINCENT’S PARCEL by a future property owner include four (4) code compliant parking stalls dedicated and reserved for use by ST. VINCENTS and its customers during business hours.” AND FURTHER THEREFORE, the PARTIES do hereby mutually covenant, promise, and agree that all other provisions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the PARTIES have signed this First Amendment on the date first above written. CITY OF WEST CHICAGO ST. VINCENT DE PAUL By: Ruben Pineda, Mayor | ATTEST: City Clerk Nancy M. Smith