Intergovernmental Conveyance Agreement for Kline Creek Farm Draft Horses

Transcription

1 Agenda Item R-4 Intergovernmental Conveyance Agreement for Kline Creek Farm Draft Horses Planning Department Education Meeting Date October 14, 2014 Staff Recommendation Staff recommends approval of Resolution # conveying ownership of three Kline Creek Farm draft horses to the St. Charles Park District at the October 21, 2014 Commission meeting. Previous Commission Action N/A Background 1. Kline Creek Farm has three heavy-draft horses that are no longer able to fully support the draft horse program due to age and physical condition. 2. It is the practice of the District to auction or convey ownership of Kline Creek Farm s surplus draft horses. 3. The St. Charles Park District has a need for a team of light duty heavy-draft horses that have experience working in a living history setting. 4. The horses Annie, Jack and Darryl have worked together as a team for many years at Kline Creek Farm and are well suited for the needs at Primrose Farm 5. Primrose Farm and Kline Creek Farm have a history of working together on projects, programs and special events. Rationale Conveyance of three surplus draft horses is in the best interest of the District and the draft horses. Primrose Farm is an ideal location, and the draft horses will have a lighter work schedule more suitable to their age and physical condition. Cost Conveyance of the Annie, Jack and Darryl will result in a temporary cost savings to the District for feed supplies and contractual services over the winter months (veterinarian and farrier visits). Kline Creek Farm plans to purchase a younger draft team in spring 2015 to support the draft horse program at Kline Creek Farm. Funding Source General fund Kline Creek Farm (010-L and 3110) Public Impact The cost savings will help lower the cost of operations, and allow the District to purchase new draft horses better suited to the Kline Creek Farm draft horse program. Attachments Intergovernmental Agreement

2 PAGE INTENTIONALLY BLANK

3 DRAFT - Intergovernmental Agreement # INTERGOVERNMENTAL AGREEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF DU PAGE COUNTY AND THE ST. CHARLES PARK DISTRICT (DRAFT HORSE CONVEYANCE) This Intergovernmental Agreement (hereinafter AGREEMENT ) is made and entered into this 14th day of October, 2014, by and between the Forest Preserve District of DuPage County, a body corporate and politic,(hereinafter "District") and the St. Charles Park District (hereinafter Park District ). The District and the Park District are hereinafter sometimes individually referred to as a party or together as the parties. WITNESSETH: WHEREAS, the District owns three horses commonly known as: Annie, a gray percheron Mare age 20; Jack a gray percheron gelding age 16; and Darryl a black percheron gelding age 14, as well as their associated tack, hereinafter all jointly referred to as Horses ; currently located at Kline Creek Farm, and WHEREAS, the District finds that the Horses are no longer useful to the District s operations and are therefore declared surplus personal property; and WHEREAS, the Park District owns property commonly known as Primrose Farm, a living history museum, and has requested the Horses for its educational and historical programing; and WHEREAS, the District and Primrose Farm have had a direct benefit to each others programming and special events over the past three years including events at Kline Creek Farm and Saint James Farm; and WHEREAS, the Park District has agreed to accept ownership of and maintain the Horses at Primrose Farm; and WHEREAS, the District in accordance with Section 8(d) of the Downstate Forest Preserve District Act; 70 ILCS 805/8, may authorize the conveyance or sale of that personal property in any manner that they may designate, with or without advertising the sale; and WHEREAS, the District and Park District have authority under the Illinois Constutition and the Illinios Intergovernmental Cooperation Act to enter into agreements encompassing the conveyance of personal property. NOW, THEREFORE, based on the consideration of One Dollar ($1.00) from the Park District to the District the parties agress as follows: 1. Pursuant to the terms of this Agreement the District hereby grants all title and interest in the Horses to the Park District; 2. The Forest Preserve District at its sole cost and expense shall be responsible for delivering the Horses from Kline Creek Farm to the Primrose Farm; ~ 1 ~

4 DRAFT - Intergovernmental Agreement # The transfer shall be in further conformance with the as is Bill of Transfer attached hereto and incorporated herein and fully set forth as Exhibit Transfer of ownership of the horses from the District to the Park District shall be deemed complete, as to each horse, when delivered to Primrose farm. D. Dewey Pierotti, President Authorized Representative Forest Preserve District of DuPage County St. Charles Park District ATTEST: Secretary, Forest Preserve District of DuPage County SUBSCRIBED and SWORN to before me on this 21st day of October, Notary Public ~ 2 ~

5 DRAFT - Agreement # Exhibit 1: Bill of Transfer BILL OF TRANSFER Property: Grey Percheron Mare: named Annie; Grey Percheron gelding named Jack; and Black Percheron, gelding named Darryl. Condition: As-is Transferor: Forest Preserve of DuPage County, Illinois Transferee: St Charles Park District Conditions of Acceptance/ No Warranty: for one dollar ($1.00) consideration, paid in hand, Transferor hereby transfers, assigns and delivers any and all right, title and interest, and Transferee hereby accepts all right, title and interest in the Property subject to the following terms and conditions: 1. The Forest Preserve District at its sole cost and expense shall be responsible for delivering the Horses from Kline Creek Farm to the Primrose Farm, on or before November 1, 2014, and accept full and complete responsibility for property from the date the Property for each is transferred to Primrose Farm by trailer. 2. The Transferor is not a seller of horses and disclaims to the fullest extent authorized by law any and all warranties, promises, whether express or implied, including warranties of merchantability and or fitness for a particular use and makes no promises, warranties or other representations regarding the horse s conditions at the time of transfer and by accepting the Properties the Transferee accepts the Properties as is. 3. The Transferee on behalf of itself, its successors and assigns hereby forever waives and releases the Forest Preserve District of DuPage County, its elected officials, employees, agents, volunteers and assigns from any and all known and unknown claims, actions, causes of action, damages, injuries, costs and fees related in any manner to acceptance of this transfer or the condition of the Properties at the time of the transfer. Forest Preserve of DuPage County, Illinois by: St. Charles Park District, Illinois by: Notary Notary

6 PAGE INTENTIONALLY BLANK