FOREST PRESERVE COMMISSION MEETING July 13, 2010

Transcription

1 FOREST PRESERVE COMMISSION MEETING July 13, 2010 The Forest Preserve Commission meeting was called to order by President Hoscheit at 9:05 a.m. on Tuesday, July 13, 2010, in the County Board Room at the Kane County Government Center, Building A, 719 Batavia Avenue, Geneva, Illinois. The Pledge of Allegiance was led by Commissioners Kudlicki Present: Executive Director Meyers Robert J. Quinlan, Director of Finance Drew Ullberg, Director of Natural Resources Laurie Metanchuk, Director of Community Affairs Mike Holan, Director of Operations Jerry Culp, Director of Planning and Development Tracey Smith, HR Manager Mike Gilloffo, Chief of Police Jerry Hodge, Attorney Patricia Hestekin, Recording Secretary The roll call of Commissioners present included: Allan (late), Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Lindgren (late), Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt. Commissioners absent: Castro, Lewis, McConnaughay, K, McConnaughay, R. J., and Van Cleave. MINUTES: President Hoscheit called for approval of the June 8, 2010 minutes. -Motion by Commissioner Vazquez, seconded by Commissioner Fahy, to approve the minutes of June 8, 2010: motion carried. PUBLIC COMMENT. None. BILLS: President Hoscheit called for approval of the bills. -Motion by Commissioner Ford, seconded Commissioner Leonberger, to pay the bills as presented. TREASURER S PAYMENT General Corporate Fund $ 978, IMRF Fund $ 36, Construction and Development Fund $ 278, Bond & Interest Fund $ 5,276, Land Acquisition Fund $ 3, Insurance Liability Fund $ 88, Events Center Fund $ 201, Social Security Fund $ 22,268.14

2 GRAND TOTAL $ 6,885, COMMITTEE PAYMENT General Corporate Fund $ 112, Construction & Development Fund $ 149, Land Acquisition Fund $ Events Center Fund $ GRAND TOTAL $ 262, UTILITY DISBURSEMENT COMMISSIONERS PER DIEM General Fund $ 15, GRAND TOTAL $15, Allan, Deborah $ Kunkel, Bonnie Lee $ Collins, Donnell $ Laesch, Jennifer $ Davoust, Mark $ Leonberger, Sylvia $ Ford, Ron $ Lewis, Philip $ Frasz, Drew $ Mitchell, James C. $ Hurlbut, Catherine $ Tredup, Jackie $ Jones, Gerald A $ Wojnicki, Barbara $ Wyatt, William A. $ Total $ Commissioners voting in the affirmative: Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt; motion carried. President Hoscheit called for a motion to bring to the floor Resolution FP-R a Resolution Accepting a Bid for the Painting and Staining of the Tomo Chi Chi Lodge, Resolution FP-R a Resolution Accepting a Bid for the Construction of a Shelter at Muirhead Springs Forest Preserve, Resolution FP-R a Resolution Accepting a Bid for the Construction of a Vault Toilet Restroom at Muirhead Springs Forest Preserve, Resolution FP-R a Resolution Accepting a Bid for the Paving of a Parking Lot, Roadway and Trail Construction at Muirhead Springs Forest Preserve, Resolution FP-R a Resolution Accepting a Proposal for Drainage Tile Survey at Big Rock Forest Preserve. Motion by Commissioner Mitchell, seconded by Commissioner Jones to to bring to the floor Resolution FP-R a Resolution Accepting a Bid for the Painting and Staining of the Tomo Chi Chi Lodge, Resolution FP-R a Resolution Accepting a Bid for the Construction of a Shelter at Muirhead Springs Forest Preserve,

3 Resolution FP-R a Resolution Accepting a Bid for the Construction of a Vault Toilet Restroom at Muirhead Springs Forest Preserve, Resolution FP-R a Resolution Accepting a Bid for the Paving of a Parking Lot, Roadway and Trail Construction at Muirhead Springs Forest Preserve, Resolution FP-R a Resolution Accepting a Proposal for Drainage Tile Survey at Big Rock Forest Preserve. STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) RESOLUTION NO. FP-R A RESOLUTION ACCEPTING A BID FOR PAINTING AND STAINING THE TOMO CHI CHI LODGE WHEREAS, bids have been solicited and received for the painting and the staining of Tomo Chi Chi Lodge and; WHEREAS, the apparent low qualified bidder for the painting and staining the Tomo Chi Chi Lodge is Muscat Painting of East Dundee, Illinois in the amount of $11, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the, Illinois that the low qualified bid by Muscat Painting of East Dundee, Illinois in the amount of $11,889.97, be, and hereby is accepted and approved. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) RESOLUTION NO. FP-R A RESOLUTION ACCEPTING A BID FOR CONSTRUCTION OF A SHELTER AT MUIRHEAD SPRINGS FOREST PRESERVE WHEREAS, bids have been solicited and received for the construction of a shelter at Muirhead Springs Forest Preserve, and;

4 WHEREAS, the apparent low qualified bidder for the construction of a shelter at Muirhead Springs Forest Preserve is Hargrave Builders, Inc of South Elgin, Illinois in the amount of $83, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the, Illinois that the low qualified bid by Hargrave Builders, Inc of South Elgin, Illinois in the amount of $83,800.00, be, and hereby is accepted and approved. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) RESOLUTION NO. FP-R A RESOLUTION ACCEPTING A BID FOR CONSTRUCTION OF A VAULT TOILET RESTROOM AT MUIRHEAD SPRINGS FOREST PRESERVE WHEREAS, bids have been solicited and received for the construction of a vault toilet restroom at Muirhead Springs Forest Preserve, and; WHEREAS, the apparent low qualified bidder for the construction of a vault toilet restroom at Muirhead Springs Forest Preserve is Carmichael Construction, Inc, of Marengo, Illinois in the amount of $45, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the, Illinois that the low qualified bid by Carmichael Construction, Inc. of Marengo, Illinois in the amount of $45,460.00, be, and hereby is accepted and approved. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners

5 Secretary, Board of Commissioners STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) RESOLUTION NO. FP-R A RESOLUTION ACCEPTING A BID FOR PAVING OF THE PARKING LOT, ROADWAY AND TRAIL CONSTRUCTION AT MUIRHEAD SPRINGS FOREST PRESERVE WHEREAS, bids have been solicited and received for the paving of the parking lot, roadway and trail construction at Muirhead Springs Forest Preserve; and WHEREAS, the apparent low qualified bidder for the paving of the parking lot and roadway is Prime Construction of Hampshire, Illinois in the amount of $87, and the construction of the multi-purpose trail is Champion Paving of Hampshire, Illinois in the amount of $169, for a total cost of $256, NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the, Illinois that the low qualified bid by Prime Construction, Inc. of Hampshire, Illinois in the amount of $87, and Champion Paving of Hampshire, Illinois in the amount of $169, for a total of $256,615.50, be and hereby is accepted and approved. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) RESOLUTION NO. FP-R A RESOLUTION AUTHORIZING A DRAINAGE TILE SURVEY FOR THE BIG ROCK FOREST PRESERVE CAMPGROUND DEVELOPMENT WHEREAS, the has deemed it necessary to analyze on the 250 acres of the Big Rock Forest Preserve the over land

6 flow of water and the subsurface drainage systems for the development of the new campground; and WHEREAS, the finds it necessary and desirable to retain the services of Huddleston McBride Land Drainage Company of Rochelle, Illinois to provide professional land surveying in regards to the identifying the underground drainage tiles, for the development of the engineering plans and site topographical mapping for the development of the Big Rock Forest Preserve Campground. NOW THEREFORE BE IT RESOLVED by the Board of Commissioners of the that Huddleston McBride Land Drainage Company of Rochelle, Illinois be retained to perform engineering services in connection with the overland flow of water and subsurface drainage systems at the Big Rock Forest Preserve for an amount not to exceed $16, See attachment A. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners Commissioners voting in the affirmative: Allan, Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Lindgren, Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt; motion carried. President Hoscheit called for a motion to bring to the floor Resolution FP-R a Resolution for a Temporary Easement for Corporate Reserve. Motion by Commissioner Laesch, seconded by Commissioner Davoust to bring to the floor Resolution FP-R a Resolution for a Temporary Easement for Corporate Reserve; motion carried. STATE OF ILLINOIS ) COUNTY OF K A N E ) ) ss. RESOLUTION NO. FP-R A RESOLUTION AUTHORIZING THE GRANTING OF A TEMPORARY EASEMENT TO THE CORPORATE RESERVE DEVELOPMENT, LLC WHEREAS, the Corporate Reserve Development, LLC has requested that the provide it with a temporary easement for the

7 purposes of providing grading and landscape restoration improvements on District property adjacent to the Great Western Trail; and WHEREAS, the Board of Commissioners of the Forest Preserve District of Kane County deem it to be in the best interest of said District to honor such request and provide such easement to the Corporate Reserve Development, LLC. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the that a temporary easement be, and hereby is granted to the Corporate Reserve Development, LLC and that the President and the Secretary of the District are hereby authorized and directed to execute this easement agreement (See Exhibit A) and deliver the same to the Corporate Reserve Development, LLC. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners EASEMENT AGREEMENT FOREST PRESERVE DISTRICT OF KANE COUNTY-CORPORATE RESERVE DEVELOPMENT, LLC (Great Western Trail Southside Regrading and Restoration) THIS AGREEMENT made and entered into this day of, 2010, by and between FOREST PRESERVE DISTRICT OF KANE COUNTY, an Illinois forest preserve district ( Grantor ), and CORPORATE RESERVE DEVELOPMENT, LLC, an Illinois limited liability company ( Grantee ). W I T N E S S E T H: WHEREAS, Grantor is the owner in fee simple of the real estate described as the Great Western Trail, including the portion shown on Exhibit A attached hereto and made a part hereof (the Easement Area ); and,

8 WHEREAS, the Grantee desires temporary easements from Grantor to obtain the right, easement and privilege to enter over, in, upon, through and under the Easement Area for the purpose of designing, laying out and constructing a naturally compatible storm water drainage system and all things appurtenant thereto, including the grading, landscape restoration and replanting of vegetation within the area of the easement as described on the aforesaid Exhibit A in accordance with the plans submitted by Grantee to the Grantor; and, WHEREAS, the Grantor has agreed to grant unto the Grantee a temporary 50 foot wide easement for the construction and installation of the storm water drainage system together with access to and across the Easement Area and adjacent area owned by the District for such uses and purposes; and, WHEREAS, the parties understand that the construction and installation of storm water drainage system shall be undertaken in accordance with the plans and specifications for same as tendered by Grantee to Grantor for its review and approval; and, WHEREAS, the parties acknowledge that the easements shall terminate upon completion of such installation, including appropriate grading and restoration of vegetation in accordance with the aforesaid plans. NOW, THEREFORE, in consideration of the sum of Ten and no/l00 Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the parties hereto, it is mutually agreed as follows: 1. GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, upon the terms and conditions set forth in this Agreement a temporary easement for the purpose of purpose of designing, laying out and constructing a naturally compatible storm water drainage system and all things appurtenant thereto,

9 including the grading, landscape restoration and replanting of vegetation within the area of the easement as described on the aforesaid Exhibit A in accordance with the plans submitted by Grantee to the Grantor, together with all necessary access to and across the Great Western Trail and adjacent area owned by the District for such uses and purposes. The parties further understand and agree that the construction and installation work shall be undertaken in a diligent and workmanlike manner. 2. The term of the foregoing easements shall commence upon the final execution hereof by the last party signing this agreement and shall terminate upon the completion of the installation of the system and all restoration contemplated hereunder, or on December 31, 2012, whichever is sooner. 3. Grantee, for itself and its successors, does hereby agree to undertake and complete the foregoing work in a workmanlike manner, fully completing same with all reasonable diligence, but in any event by December 31, 2012, and upon the completion of construction, being the installation of the above described storm water management facility and appurtenances, and upon the completion of the term hereof, shall return possession of the easement area described herein to the District in a condition equal to or improved beyond that which existed at the commencement of such construction by Grantee, with all such improvements being completed in accordance with the plans as submitted by Grantee to the District for same. 4. The easements for shall be subject to the following additional terms and conditions: (a) The Grantee agrees to indemnify and save harmless the Grantor from any loss, damage or expense in the nature of a legal liability which the Grantor may suffer, incur or sustain or for which the Grantor may become legally liable arising or growing out of any injury or damage to persons, or to real or personal

10 property, caused by any negligence of the Grantee, or its contractors, subcontractors, agent or representatives, or any of them, in the prosecution of the work performed under this grant, or by any negligence of the last aforesaid parties, or any of them, in the maintenance and operation of said siphon chamber and the maintenance, operation and construction of the path leading thereto; (b) Grantor shall be named as an additional insured on any liability insurance policy issued on behalf of any contractor retained by Grantee to install any improvement within the easement area; (c) During construction, if any surface areas are excavated or otherwise disturbed for a period of time beyond the end of a workday during installation, Grantee shall install a fence and/or cover any excavation or opening with a protective cover at times when construction personnel are not present at the site; (d) Grantee and its contractors will be responsible for safety measures to protect the public and the Grantor; (e) Grantee represents that prior to construction all permits, licenses, authorizations and approvals required by all federal, state or local governmental agencies having jurisdiction over the work will be obtained; (f) GRANTOR will be notified at least forty-eight (48) hours before scheduled construction or maintenance is to commence and GRANTEE agrees to take such reasonable steps necessary to ensure uninterrupted use of the Illinois Prairie Path during the installation and construction of GRANTEE S proposed improvements; and This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be

11 executed the day and year first above written. GRANTOR: FOREST PRESERVE DISTRICT OF KANE COUNTY ATTEST: BY: President Secretary GRANTEE: CORPORATE RESERVE DEVELOPMENT, LLC BY: John J. Fitzmaurice, Its Manager STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) I,, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that John Hoscheit, personally known to me to be the President of the FOREST PRESERVE DISTRICT OF KANE COUNTY, and, personally known to me to be the Secretary of said Board of Trustees, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said DISTRICT, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that she, as custodian of the corporate seal of said DISTRICT, did affix the corporate seal of said DISTRICT to said instrument as her free and voluntary act and as the free and voluntary act of said DISTRICT for the uses and purposes therein set forth. Given under my hand and seal this day of, 2010.

12 Notary Public STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) I,, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that John J. Fitzmaurice, personally known to me to be the manager of Corporate Reserve Development, LLC, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act and as the free and voluntary act of Corporate Reserve Development, LLC, for the uses and purposes therein set forth. Given under my hand and seal this day of, Notary Public Commissioners voting in the affirmative: Allan, Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Lindgren, Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt; motion carried. President Hoscheit called for a motion to bring to the floor Resolution FP-R a Resolution Authorizing an Agreement with Preservation Partners. Motion by Commissioner Mayer, seconded by Commissioner Ford, to bring to the floor Resolution FP-R a Resolution Authorizing an Agreement with Preservation Partners. STATE OF ILLINOIS ) COUNTY OF K A N E ) ) ss. RESOLUTION NO. FP-R A RESOLUTION AUTHORIZING AN AGREEMENT FOR THE OPERATION OF THE FABYAN VILLA AND THE DURANT PETERSON HOUSE BY PRESERVATION PARTNERS WHEREAS, the Kane County Forest Preserve District entered into an agreement with Preservation Partners of the Fox Valley to operate and, manage the Fabyan Villa located in the Fabyan Forest Preserve and the Durant-Peterson House located in Leroy Oakes Forest Preserve both historical structures owned by the District, for the fiscal year ended June 30, 2010; and

13 WHEREAS, the District has determined that Preservation Partners of the Fox Valley has operated the Villa and the Durant-Peterson House in a fiscally sound and professional manner during this period indicated. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the that the attached agreement, mutually agreed to by Preservation Partners and the District for the operation of the Fabyan Villa and the Durant-Peterson House (see attached Exhibit A) for a period of two years, starting July 1, 2010 and ending June 30, 2012, for a fee not to exceed $74, per year, be and hereby is, authorized. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners HISTORIC STRUCTURES OPERATING AND CARETAKING AGREEMENT The undersigned, FOREST PRESERVE DISTRICT OF KANE COUNTY (hereinafter KCFPD ), hereby engages the services of Preservation Partners, an Illinois not-for-profit corporation, St. Charles, Illinois, (hereinafter called Preservation Partners ) to provide the exclusive program management of the Fabyan Villa (at Fabyan Forest Preserve) and the Durant-Peterson House (at LeRoy Oakes Forest Preserve), which shall include all staffing, exhibits, tours, and programs related to the venues and to take reasonable measures to advise KCFPD of any maintenance needs arising from time to time during the term hereof. For these purposes, the Fabyan Villa and Durant- Peterson House are herein referred to as the Venues. KCFPD further hereby grants Preservation Partners all necessary rights of access and possession during its activities for itself, its workers, agents and contractors and for all other purposes convenient or incidental to the exercise by Preservation Partners of the rights herein granted to it and the obligations herein undertaken by it for the term of this Agreement, all as more particularly set forth hereinafter. This Agreement is made as of the date upon which the last signature is affixed below. FIRST. KCFPD covenants with Preservation Partners that it is the lawful fee simple owner of the lands upon which the Venues are located and that it has the right and authority to make this license and permit grant. The KCFPD is the lawful owner of the exhibit contents which are displayed in the Villa Museum at Fabyan FP and Preservation Partners is the lawful owner of the exhibit contents which are displayed at the Durant-Peterson House at LeRoy Oakes Forest Preserve. KCFPD further covenants that it shall remain responsible for all maintenance costs and payment of utilities at the Venues.

14 SECOND. In exchange for the payment by the District to Preservation Partners of the sum of Seventy Four Thousand ($74,000.00) Dollars per year ($55,000 Fabyan Villa and $19,000 Durant-Peterson House), Preservation Partners, agrees to the following obligations to be undertaken on its part: 1. To provide the exclusive program management at the Venues, consisting of staffing for tours, placement and arrangement of exhibits, tour scheduling and content, and related programs and events, all of which shall be regularly held according to an agreed-upon schedule of events which shall be established in conjunction with staff of KCFPD. 2. To advise KCFPD of any maintenance needs which arise from time to time with respect to the Venues, as observed by Preservation Partners staff. 3. To provide KCFPD schedules and information on programs at the Villa, Japanese Garden or Durant-Peterson House. THIRD. The KCFPD manages the Japanese Garden. This includes maintenance and the coordination of all reservations. Preservation Partners may reserve the use of the Japanese Garden for programming through the KCFPD in writing at any time in advance. KCFPD programs and activities shall have priority booking. FOURTH. This Agreement and the rights granted hereunder and obligations assumed hereby are effective from the date hereof, and shall end on June 30, This agreement may be renewed for one additional 2-year term if mutually agreeable. This Agreement is subject to the following terms and conditions precedent for the term of this Agreement, which are hereby mutually covenanted and agreed to, by and between KCFPD and Preservation Partners. FIFTH. Preservation Partners agrees to pay for all costs and taxes associated with the payment by KCFPD hereunder, as well as all staffing of its programs at the Venues and shall be solely responsible for compensation and supervision of its volunteers, agents, representatives, employees and contractors and Preservation Partners affirmatively aggress to hold KCFPD harmless from any and all losses of or damages to property, including environmental and economic losses, or injuries to or death of any person resulting from any activities or use of the Venues held, hosted or sponsored by Preservation Partners, its employees, contractors, affiliates, subsidiaries or successors, or any property affected by such activity or use. Preservation Partners shall pay for the defense of KCFP, its officers and employees in any such litigation, with KCFPD having the right to designate its own local counsel. SIXTH. Preservation Partners agrees to obtain any and all necessary permits from any public or quasi-public authorities having jurisdiction concerning the programs offered by Preservation Partners at the Venue. SEVENTH. Nothing herein shall be construed to be a grant by KCFPD to Preservation Partners to undertake any maintenance, renovation, expansion or construction at any of the Venues.

15 EIGHTH. Preservation Partners is expressly permitted to charge reasonable fees and to undertake solicitation of patrons of events hosted by Preservation Partners on the premises of the Venues, as well as general fundraising efforts held off-site of the Venues. General fundraising events held on the premises of the Venues undertaken by Preservation Partners outside of a specific program event hosted by Preservation Partners must be approved in writing by KCFPD. NINTH. The privileges herein granted are subject to the paramount rights of the KCFP, and KCFPD shall not be liable to Preservation Partners for damage to the property of Preservation Partners due to maintenance or lack thereof or the installation or removal of any present or future facilities of KCFPD at the Venues. TENTH. This Agreement shall not in any manner or to any extent limit or restrict the right of KCFPD to grant additional licenses or rights over, along, under and across the Venues described herein for other purposes, provided, however, that KCFPD shall use its best reasonable efforts to avoid conflicts regarding uses and shall coordinate scheduling of events with Preservation Partners in advance of the date of same. ELEVENTH. Preservation Partners agrees to utilize the property in a manner that will not interfere with the use by the general public of the Venues independent of the programs staffed or hosted by Preservation Partners. Upon completion of an event at the Venues, Preservation Partners shall take reasonable steps to assure that the Venues will be left in a neat, clean and orderly condition and to advise KCFPD staff as soon as reasonably practicable of any extraordinary cleanup or routine maintenance requirements at a Venue. TWELFTH. Preservation Partners covenants and agrees that it will not permit or suffer any lien to be put upon or arise or accrue against said Venues in favor of any person or persons, individual or corporate, furnishing either labor or material in any work herein proposed, and Preservation Partners further covenants and agrees to hold KCFPD and said Venues free from any and all lies or rights or claims of lien through it which may or might arise or accrue under or be based upon any mechanic s lien law, so called, of the State of Illinois, now in force or hereafter to be enacted. THIRTEENTH. Preservation Partners agrees to purchase and maintain during the term of this license or any extension thereof, at its cost, a policy or policies of insurance issued by good and responsible insurance companies and in a form satisfactory to KCFPD as follows: 1. Worker s Compensation Insurance Policy: a) Coverage A: To pay promptly when due all compensation and other benefits required of the insured by the worker s compensation law. b) Coverage B: Employers Liability - To pay on behalf of the insured with limits not less than $75,000 each accident/occurrence all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom.

16 c) Coverage A and Coverage B will cover all contractors, subcontractors and their subcontractors; 2. Comprehensive General Liability Policy or Policies covering all contractors, subcontractors, and all their subcontractors with limits not less than the combined single limit of $2,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of KCFP. KCFPD shall be added as a Named Insured under such policy or policies. Bodily injury means bodily injury, death, sickness, or disease sustained by any person which occurs during the polity period, including death, at any time resulting therefrom. Property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period, including loss of the use thereof at any time resulting there from, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. There shall be furnished to KCFPD each year a Certificate of Insurance issued pursuant to the requirements contained in subparagraphs (1) and (2) of this paragraph THIRTEENTH. Insurance coverage as required herein in subparagraphs (1) and (2) shall be kept in force during the term of this license. On all policies of insurance, KCFPD shall be named as an additional insured. FOURTEENTH. This Agreement is not assignable or transferable. FIFTEENTH. This Agreement is subject to the terms and conditions of the original deed of conveyance of the property to KCFPD, if any, and all other conditions, covenants and restrictions of record which may otherwise limit the rights of use contemplated hereby. IN WITNESS WHEREOF, the KCFPD has executed this document this day of, KCFP: FOREST PRESERVE DISTRICT OF KANE COUNTY, an organized corporation, Forest Preserve Center: PRESERVATION PARTNERS, an Illinois not-for-profit BY: President BY: President Secretary Secretary ACKNOWLEDGMENT

17 STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) The foregoing instrument was acknowledged before me this day of, 20 by as President of the, and by as Secretary of the Forest Preserve County. SUBSCRIBED and SWORN TO before NOTARY PUBLIC me this day of, NOTARY PUBLIC ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this day of, 2010 by the President of PRESERVATION PARTNERS, an Illinois not-for-profit corporation and by as Secretary thereof. SUBSCRIBED and SWORN TO before me this day of, 20. NOTARY PUBLIC NOTARY PUBLIC Commissioners voting in the affirmative: Allan, Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Lindgren, Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt; motion carried.

18 President Hoscheit called for a motion to bring to the floor Ordinance FP-O an Ordinance Amending An Ordinance Covering the Deposits, Investments and Handling of All Funds of the. Motion by Commissioner Fahy, seconded by Commissioner Vazquez, to bring to the floor Ordinance FP-O an Ordinance Amending An Ordinance Covering the Deposits, Investments and Handling of All Funds of the Forest Preserve District of Kane County. STATE OF ILLINOIS ) COUNTY OF K A N E ) ) ss. ORDINANCE NO. FP-O AN ORDINANCE AMENDING AN ORDINANCE COVERING THE DEPOSITS, INVESTMENTS AND HANDLING OF ALL FUNDS OF THE FOREST PRESERVE DISTRICT OF KANE COUNTY CHAPTER 11 DUTIES 1. Duties of Treasurer. The Treasurer of the District shall: o. Collateralization will be required on all types of bank investments in excess of financial institutions insurance. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be (105%) of market value of principal and accrued interest. The collateral will be in U.S. Government or Government Agency Securities, and the collateral will be held in / by an investment bank other than by the bank the deposits are held by and in the name of the District and the depository bank i.e. The Funds may be held by the Federal Reserve Bank or by a third party investment bank, in the name of the District and depository bank. Monthly reports must be received by the District showing the Federal Reserve Bank or the third party bank that specify the collateral being held and the value of the collateral. Passed and approved by the President and Board of Commissioners of the Forest Preserve District of Kane County, Illinois, this, 13th day of July, APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Board of Commissioners Secretary, Board of Commissioners

19 Commissioners voting in the affirmative: Allan, Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Lindgren, Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt; motion carried. President Hoscheit called for a motion to bring to the floor Ordinance FP-O an Ordinance for the Annual Budget Appropriation and Ordinance FP-O and Ordinance Amending An Ordinance Fixing the Salaries of Certain Employees of the. Motion by Commissioner Fahy, seconded by Commissioner Davoust to bring to the floor Ordinance FP-O an Ordinance for the Annual Budget Appropriation and Ordinance FP-O and Ordinance Amending An Ordinance Fixing the Salaries of Certain Employees of the. STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) ORDINANCE NO. FP-O ORDINANCE FOR THE ANNUAL BUDGET APPROPRIATION BE IT ORDAINED by the Board of Commissioners of the Forest Preserve District of Kane County, Illinois: SECTION 1. That the following sums or as much thereof as may be authorized by law to be raised by taxation upon all of the taxable property within the corporate limits of the, Illinois, be and the same is hereby appropriated to the corporate purposes and other specific purposes of the Forest Preserve District of Kane County for the fiscal year beginning July 1, 2010, and ending June 30, 2011 as herein provided for: GENERAL FUND FUND #101 Account Numbers Character of Appropriation Amount Personal Services 4001 Regular Salaries 3,418, Part Time Salaries 331, Per Diem 16,000 Sub-total 3,765,341 Contractual Services 5001 Conferences & Meetings 30, Audit & Management Services 27, Organization Support 75, Public Relations 75, Publication of Legal Notices 8, Legal Fees 100, Insurance Employees 707,445

20 5100 Insurance General 20, Telephone 77, Electricity & Water 110, Gas 58, Consulting Services 7, Association Dues 11, Training Expense 31, Tuition Reimbursement 2, Employee Recruitment 5, Employee Recognition 17,300 Sub-total 1,362,845 Commodities 6010 Office Supplies 17, Supplies 26, Nature Center Supplies 12, Field Supplies 118, Police Supplies 59, Uniforms 25, Mileage 8, Repair - Maint. Bldgs & Grds 204, Repair - Maint. Vehicles 75, Repair - Maint. Equipment 68, Fuel - heating 43, Fuel - vehicles 201,200 Sub-total 859,400 Capital Outlay 7001 Office Equipment 28, Automotive Equipment 111, Machinery 126,100 Sub-total 265,600 Other 8001 Kane County Services 110, Contingencies 20,000 Sub-total 130,000 TOTAL EXPENDITURES 6,383,186 TOTAL GENERAL FUND 6,383,186 FUND #102 Account IL MUNICIPAL RETIREMENT FUND

21 Numbers Character of Appropriation Amount 8020 Contribution to IL Municipal Retirement Fund 347,366 Sub-total 347,366 TOTAL I.M.R.F. FUND 347,366 CONSTRUCTION & DEVELOPMENT FUND FUND #103 Account Numbers Character of Appropriation Amount Contractual Services 5070 Professional Fees 678,169 Sub-total 678,169 Commodities 6040 Supplies 125, Restoration Supplies 55, Repair Maint. Bldg & Grds 89,365 Sub-total 269,365 Capital Outlay 7030 Buildings 637, Fox River Trust 974, Land Area Development 5,682, Restoration 1,767,633 Sub-total 9,062,161 Other 8010 Contingencies 100,000 Sub-total 100,000 TOTAL CONST. & DEVEL. FUND, 10,109,695 BOND & INTEREST FUND FUND #104 Account Numbers Character of Appropriation Amount Other 8030 Miscellaneous Fees 15, Bond Expense 14,410, Interest Expense 10,218,381

22 Sub-total 24,643,381 TOTAL BOND & INTEREST FUND 24,643,381 LAND ACQUISITION FUND FUND #105 Account Numbers Character of Appropriation Amount Contractual Services 5080 Legal Expenses 100, Consulting Services 100, Surveys & Appraisals 50,000 Sub-total 250,000 Commodities 6015 Supplies 1, Mileage 500 Sub-total 1,500 Capital Outlay 7080 Land Acquisition 25,000,000 Sub-total 25,000,000 Other 8010 Contingencies 10,000 Sub-total 10,000 TOTAL LAND ACQUISITION FUND 25,261,500 INSURANCE LIABILITY FUND FUND #106 Account Numbers Character of Appropriation Amount Contractual Services 5080 Legal Fees 25, Insurance General 130, Worker's Compensation 175,000 Sub-total 330,000 Other 5120 Unemployment Comp. Insurance 22,500 Sub-total 22,500 TOTAL INSURANCE LIABILITY FUND 352,500

23 ENTERPRISE FUND FUND #107 Account Numbers Contractual Services Amount 5130 Telephone 5, Electricity & Water 5,000 Sub-total 10,000 Commodities 6090 Repair-Maint. Build. & Grds. 10,000 Sub-total 10,000 Other 7090 Depreciation 745, Miscellaneous Bond Fees 1, Bond Interest Expense 397,634 Sub-total 1,143,634 TOTAL ENTERPRISE FUND 1,163,634 SOCIAL SECURITY FUND FUND #108 Account Numbers Character of Appropriation Amount Other 8060 Employer Contribution - Social Security 304,269 Sub-total 304,269 TOTAL SOCIAL SECURITY FUND 304,269

24 SECTION 2. The unexpected balance of any item of appropriation in this Ordinance may be expended in making up or adding to any insufficient amount of any other item. SECTION 3. Any balance not used or needed for any of the foregoing items may be and is subject to further appropriation or transfer from and to the other item or items by appropriate resolution of the Board of Commissioners of the Forest Preserve District of Kane County. SECTION 4. This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. APPROVED AND PASSED this 13th day of July, APPROVED: ATTEST: President, Forest Preserve District of Kane County Secretary, Forest Preserve District of Kane County STATE OF ILLINOIS ) ) ss. COUNTY OF K A N E ) ORDINANCE NO. FP-O AN ORDINANCE AMENDING "AN ORDINANCE FIXING THE SALARIES OF CERTAIN EMPLOYEES OF THE FOREST PRESERVE DISTRICT OF KANE COUNTY BE IT ORDAINED by the Board of Commissioners of the Forest Preserve District of Kane County that Section 1 of "An Ordinance Fixing the Salaries of Certain Employees of the " be amended to read as follows: A. Section 1. The following Salary Schedule for the Employees therein designated is hereby adopted: TITLE Executive Director Director Financial Services Director Public Safety Director of Operations & Maint. Director of Natural Resources Director of Community Affairs 234 SALARY RANGE $94,000 to $141,000 per year $73,736 to $95,120 per year $68,591 to $89,169 per year $68,591 to $89,169 per year $68,591 to $89,169 per year $68,591 to $89,169 per year

25 Director of Planning and Development Human Resources Manager Nature Programs Manager Supervisor of Trades and Projects Operations Supervisor(s) Land Preservation Planner Restoration Ecologist Wildlife Biologist Sergeant of Police Accountant Volunteer Coordinator Naturalist Police Officer (s) Mechanic Accounting Clerk II/Buyer Assistant Naturalist Grounds Maintenance Forman Horticulturist Senior Restoration Technician Senior Ranger (s) Tradesman (s) Administrative Assistant (s) Human Res. Assist Executive Assistant Ranger (s) Restoration Technician Accounting Clerk I Administrative Secretary Preserve Maintenance Worker(s ) Sign Technician Nature Program Assist. (part time) Facility Assistant (part time) Police/Security Officer (part time) Maintenance (seasonal) $68,591 to $89,169 per year $58,305 to $79,295 per year $53,159 to $74,423 per year $53,159 to $74,423 per year $48,016 to $69,623 per year $42,872 to $64,308 per year $42,872 to $64,308 per year $42,872 to $64,308 per year $25.56 to $37.78 per hour $20.61 to $30.92 per hour $20.61 to $30.92 per hour $20.61 to $30.92 per hour $20.61 to $30.92 per hour $20.61 to $30.92 per hour $18.14 to $27.21 per hour $18.14 to $27.21 per hour $18.14 to $27.21 per hour $18.14 to $27.21 per hour $18.14 to $27.21 per hour $18.14 to $27.21 per hour $18.14 to $27.21 per hour $15.67 to $23.50 per hour $15.67 to $23.50 per hour $15.67 to $23.50 per hour $15.67 to $23.50 per hour $15.67 to $23.50 per hour $13.19 to $19.79 per hour $13.19 to $19.79 per hour $13.19 to $19.79 per hour $13.19 to $19.79 per hour $18.14 to $27.21 per hour $13.19 to $19.79 per hour $15.16 to $22.74 per hour $ 8.25 to $12.25 per hour B. BE IT FURTHER ORDAINED that Section 1 of the Salary Schedule previously adopted, as amended, is hereby repealed as to all items in conflict herewith. C. This Ordinance shall be effective as of July 1, Passed this 13th day of July, APPROVED President, Board of Commissioners ATTEST: 235

26 Secretary, Board of Commissioners Commissioners voting in the affirmative: Allan, Collins, Davoust, Fahy, Frasz, Ford, Hurlbut, Jones, Kenyon, Kudlicki, Kunkel, Laesch, Leonberger, Lindgren, Mayer, Mihalec, Mitchell, Tredup, Vazquez, Wojnicki and Wyatt; motion carried. COMMISSIONERS COMMENTS None. PRESIDENT S COMMENTS President Hoscheit stated that Muirhead Springs will open early next year; this is a major acquisition for the District which was acquired with referendum monies and is now in the improvement phase. Due to the construction strike several of our projects are on hold. President Hoscheit attended a meeting with the Conservation Foundation and volunteers in regards to our land acquisition program with a presentation of the District acquisitions and improvements and accomplishments. The Conservation Foundation will continue to research with the public further land acquisitions. It appears the public still supports land acquisition. EXECUTIVE SESSNON None REPORTS President Hoscheit called for a motion to place the Department Reports on file. -Motion by Commissioner Kunkel, seconded by Commissioner Laesch, to place Department Reports on file; motion carried. There being no further business to come before the Commission, the meeting was duly adjourned on a motion by Commissioner Vazquez, seconded by Commissioner Fahy, and carried by voice vote to 9:00 a.m., Tuesday, August 10, 2010, at the Kane County Government Center, Geneva, Illinois. John Hoscheit, President Forest Preserve District of Kane County James Mitchell, Jr. Secretary Forest Preserve District of Kane County Patricia Hestekin Recording Secretary 236