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HomeMy WebLinkAboutPacket - 02/01/2021 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, February 1, 2021, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/j/92037656745 Or call 312-626-6799, Meeting ID: 920 3765 674S 1. Call to Order. 2. Roll Call. 3. Pledge of Allegiance. 4. Public Comments: If you wish to submit any public comment, please email: dmorefield -,ciVofmchenry.org in advance of the meeting. The City will read such public comments during the public commentary portion of the meeting and the comments will be entered into the official record of the meeting. Any comments received during the meeting will be provided in writing to the Council after the meeting. 5. Consent Agenda: Motion to Approve the following Consent Agenda Items: A. January 18, 2021 City Council Meeting Minutes; B. Issuance of Checks in the amount of $516,445.72. 6. Individual Action Item Agenda. A. Motion to approve a Class A Liquor License to Gamblur LLC, located at 1232 N. Green Street, conditioned upon the satisfactory completion of a background check. B. Subject to approval of the previous agenda item, a motion to approve or deny a Video Gaming License to Gamblur LLC, located at 1232 N. Green Street, subject to the execution of a Video Gaming Development Agreement. C. Motion to authorize the execution of the attached Professional Services Contract Between the City of McHenry and Christopher B. Burke Engineering, Ltd. for Professional Landscape Architecture/Planning Services for Downtown Streetscape Master Framing Plan in the amount of $149,900. D. Motion to authorize public bidding of the 2021 Supplemental Road Resurfacing Program. E. Motion to authorize the Director of Parks & Recreation, with the advice and consent of the Mayor and Chief of Police and in accordance with the Restore Illinois Plan, enact any or all identified elements of the Shamrocks the Fox Event, including applicable street closures, Special Civic Event Alcohol Endorsements, Special Event Liquor License, Open Carry of Alcohol in the Public Way, and Temporary Use Permit for an event tent; and, approval of a budget amendment in the The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. FY20/21 Tourism Fund in an amount not to exceed $l 0,000 for the event. 7. Discussion Items. A. Blake Farms/Authentix Multifamily Residential Project 8. Staff Reports. 9. Mayor's Report. 10. City Council Comments. 11. Executive Session if Needed. 12. Adjourn. The complete City Council packet is available for review online via the City website at www. cio�ofmchena. org. For further information, please contact the Office of the City Administrator at 815-363-2108. City of McHenry Council Meeting Minutes 1.18.21 AGENDA REGULAR CITY COUNCIL MEETING Monday, January 18, 2021, 7:00 p.m. In light of the current COVID-19 public health emergency, this meeting will be held remotely only. The public can observe and participate by connecting online via Zoom at https://cityofmchenry.zoom.us/m/95497337738 Or via phone at: +1 312 626 6799, Meeting ID: 954 9733 7738 Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on Monday, November 2, 2020, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL. Roll Call: Mayor Jett called the roll call. Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding - absent, Alderman Mihevc, Alderman Devine, Alderwoman Miller, and Mayor Jett. Others present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange, Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and Recreation Hobson, Director of Economic Development Martin, Chief of Police Birk, City Planner Sheriff, and City Clerk Ramel. Pledge of Allegiance: Mayor Jett led the pledge Public Comments: No public comments Consent Agenda: Motion to approve the following Consent Agenda Items: A. IDOT Resolution for Maintenance for the Purchase of Rock Salt for 2021 in the amount of $68,940.00; (Director Lynch) B. Authorization to Execute the Renewal of a Lease Agreement between the City of McHenry and Trey & Tom Corp d/b/a Main Street Station, located at 4005 W. Main Street; (Administrator Morefield) C. December 21, 2020 City Council Meeting Minutes; D. Issuance of Checks in the amount of $161,034.80; E. Issuance of As -Needed -Checks in the amount of $91,257.25. No public comment. A motion was made by Alderman Santi and seconded by Alderman Glab to approve Consent Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman 1 City of McHenry Council Meeting Minutes 1.18.21 Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. Individual Action Item Agenda. A. Motion to approve the transfer of a Class C Liquor License from V4 Gasoline, Inc. to Rahyl Petroleum LLC for the business located at 4713 W. Elm Street conditioned upon the satisfactory completion of a background check and the identification of an eligible Business Agent within 30 days. (Mayor Jett) No public comment. A motion was made by Alderman Schaefer and seconded by Alderman Harding to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. B. Motion to approve an Ordinance amending the FY20/21 Water Sewer Capital Development Fund Budget in the amount of $16,776; and, to accept the proposal from LAI, Ltd of Rolling Meadows, IL for the purchase of a Moyno progressive cavity dryer sludge cake feed pump in an amount not to exceed $16,776. (Director Strange) This item was brought through public works about a week ago with the importance that we get this approved tonight. Alderman Glab supported the amendment. Alderman Schaefer stated that we need to keep an eye on the spending. Per Director Strange, this is the first amendment one of the year. No public comment. A motion was made by Alderman Santi and seconded by Alderman Mihevc to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. C. Motion to approve an Ordinance adopting text amendments to Chapter 13: Fences of the City of McHenry Municipal Code. (Director Polerecky, City Planner Sheriff) Cody Sherriff explained this item. No public comments 42" to 48" the height is the only thing that is being changed per director Polorecky, answering some questions that Alderman Glab had asked. A motion was made by Alderman Santi and seconded by Alderman Schaefer to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. D. Motion to approve an Ordinance adopting various text amendments to the City of McHenry Zoning Ordinance. (Director Polerecky, City Planner Sheriff) City of McHenry Council Meeting Minutes 1.18.21 This no longer applys to the zoning districts three 50 percent rule, grandfather in all lawfully created structures not unpermitted structures, garage verbiage regarding paved paths to the right away, parking pads that have to be uniformity, there we other points that were touched on regarding this. This was explained by City Planner Sherrif, this discussion went on for some time. Alderman Santi commented that it's good that standards are the same glad we are moving forward with this. No public comment. A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. E. Motion to approve an Ordinance annexing approximately 2.19 acres located at 219 S. Barreville Road. (Director Polerecky, City Planner Sheriff) This item was explained by Director Polerecky, was asked by the committee to present to The Council. No public comment. A motion was made by Alderman Harding and seconded by Alderman Devine to approve Individual Agenda Items as presented: Roll Call: Vote: 8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. F. Motion to deny an Ordinance for a use variation to accommodate 3 horses and 4 chickens on the property located at 219 S. Barreville Road. (Director Polerecky, City Planner Sheriff) Per Directory Polerecky there needs to be a formal vote on this. No public comment. A motion was made by Alderman Santi and seconded by Alderman Devine to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried. G. Motion to approve an Ordinance granting approval of the Final Plat for Legend Lakes Neighborhood 1 Resub division, with conditions; and, an Ordinance authorizing the Mayor's execution of a development agreement between the City of McHenry and CalAtlantic Group, Inc. (Director Polerecky, City Planner Sheriff) This would include 52 dwelling units total Per Director Polerecky. This is being purchased to finish out the subdivision. Alderman Glab was asking about current fees, per Director Polerecky wanted to lock in the fees no reduction. Alderman Santi expressed he is looking forward to getting this completed. Alderman Schaefer questioned the description of being" locked" in for the year means. According to Director Polerecky, they just wanted to lock into the year for their future. They have the option to pay standard fee within the year, if fees did go up within the year. Alderman Schefter wanted to know if there is an estimated time for completing the project. City of McHenry Council Meeting Minutes 1.18.21 According to Rick Murphy petitioner with Lennar, they want to get working as soon as possible. No public comment. A motion was made by Alderman Harding and seconded by Alderman Schaefer to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. H. Motion to approve a Zoning Map Amendment from C-2 Neighborhood District to C-5 Highway Commercial District, a Conditional Use Permit, and various Zoning Variations to accommodate an Automobile Fueling Station and future Drive-Thru quick service restaurant, located at 5520 W. Elm Street, be approved, with conditions. (Director Polerecky, City Planner Sheriff) Director Polerecky explained this item. It was also explained in the packet proposal. The Trio gastation proposal was given to The Council regarding this. Chris Kalischefski presented the plan proposal to The Council. Alderman Harding asked for clarification regarding trucks. John Grahm is was the property owner/developer of this discussion. This discussion went on for some time, regarding the access into and out of the gas station regarding safety of large trucks vs. regular cars. Luan Aboona present on the call, conducted the traffic study of this site. The traffic study was done February of 2018 weekday 6:30-9/ 2pm -6:30 pm, to respond to Alderman Schaefer's questions regarding traffic flow. Mayor Jett stated that McHenry School District 15 has been involved in this regarding the new parking lots at Parkland Middle School located next to the proposed gas station. Talks which can help with the traffic on Ringwood Road and how the flow will work. Chief Birk was asked to give his insight on this regarding the police perspective, stating this proposal is the safest of the ones that have been presented. This discussion went on for some time, the safety and the patters of traffic were the main topics of this item. No public Comments. A motion was made by Alderman Schaefer and seconded by Alderwoman Miller to approve Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nays, 0-abstained. Motion carried. Discussion Items: A. Residences of Stonewood Subdivision — Conceptual Presentation and Discussion Paul Swanson the developer presented his ideas to The Council, he is representing Arthur Swanson and Associates. He is purposing a town home development, 10 -6 unit townhomes. Alderwoman Miller a bit concerned about the traffic in that area, would like some additions to entrance not only from Crestwood, congested in that area, is favorable of the units. Alderman Glab is not in favor of this, due to the traffic. Staff Reports: None Mayor's Report: None City of McHenry Council Meeting Minutes 1.18.21 City Council Comments. Alderman Glab explained that many residents complained about road conditions during the last ice storm. Executive Session if Needed: Not needed. Adjourn: A motion was made Alderman Santi and seconded by Alderman Glab to adjourn the meeting at 9:23 PM. Roll Call: Vote:8-ayes: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, Alderwoman Miller, Mayor Jett. 0-nay-, 0-abstained. Motion carried. X X Mayor Wayne Jett Citv Clerk Trisha Ramel 61 Expense Approval Register McHenry, IL List of Bills Council Meeting 2-1-21 Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: AEP ENERGY AEP ENERGY INV0010971 02/01/2021 UTIL 100-33-5520 3,846.54 AEP ENERGY INV0010971 02/01/2021 UTIL 100-45-5510 565.57 AEP ENERGY INV0010972 02/01/2021 UTIL 510-31-5510 7,058.85 AEP ENERGY INV0010972 02/01/2021 UTIL 510-32-5510 20,731.60 Vendor AEP ENERGY Total: 32,202.56 Vendor: ALPINE DEMOLITION SERVICES ALPINE DEMOLITION SERVICES 1741-01 02/01/2021 WWTP DEMO 510-32-8500 214,634.88 Vendor ALPINE DEMOLITION SERVICES Total: 214,634.88 Vendor: BLR BLR 19112338-R1 02/01/2021 HR HERO SUBSC 100-05-5430 1,695.00 Vendor BLR Total: 1,695.00 Vendor: CHRISTOPHER B BURKE ENGINEERING, LTD CHRISTOPHER B BURKE 163349 02/01/2021 WWTR PLANT 100-01-5110 5,929.82 Vendor CHRISTOPHER B BURKE ENGINEERING, LTD Total: 5,929.82 Vendor: HARRIS, TIMOTHY HARRIS, TIMOTHY INV0010973 02/01/2021 REF HEALTH INS PREMIUMS 600-00-3653 1,168.87 Vendor HARRIS, TIMOTHY Total: 1,168.87 Vendor: HLR HLR 20210054 02/01/2021 MCHENRY BV PHASE I BIKE 440-00-8900 2,624.00 HLR 20210061 02/01/2021 MCHENRY BULL VALLEY ROAD 270-00-8600 1,013.00 HLR 20210062 02/01/2021 MCHENRY DARTMOOR DR 270-00-8600 3,709.25 Vendor HLR Total: 7,346.25 Vendor: JULIE INC JULIE INC INV0010985 02/01/2021 2021- 1065 510-35-5110 4,009.21 Vendor JULIE INC Total: 4,009.21 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER INV0010974 02/01/2021 REC FEES 100-01-6940 387.00 MCHENRY COUNTY RECORDER INV0010975 02/01/2021 REC FEES 510-31-6940 150.50 MCHENRY COUNTY RECORDER INV0010975 02/01/2021 REC FEES 510-32-6940 150.50 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: 688.00 Vendor: MCHENRY SAVINGS BANK MCHENRY SAVINGS BANK 520733412-20-21 02/01/2021 LOAN PYMT 200-00-7600 3,912.81 MCHENRY SAVINGS BANK 52073341 2-20-21 02/01/2021 LOAN PYMT 200-00-7610 29,697.17 Vendor MCHENRY SAVINGS BANK Total: 33,609.98 Vendor: MUNICIPAL COLLECTION SERVICES INC MUNICIPAL COLLECTION 018279 02/01/2021 COLL FEES 100-04-5110 50.79 Vendor MUNICIPAL COLLECTION SERVICES INC Total: 50.79 Vendor: NICOR GAS NICOR GAS INV0010976 02/01/2021 UTIL 100-42-5510 530.78 NICOR GAS INV0010976 02/01/2021 UTIL 100-45-5510 177.53 NICOR GAS INV0010976 02/01/2021 UTIL 100-45-5510 756.48 NICOR GAS INV0010976 02/01/2021 UTIL 100-46-5510 82.67 NICOR GAS INV0010976 02/01/2021 UTIL 400-00-5510 197.82 NICOR GAS INV0010977 02/01/2021 UTIL 510-31-5510 1,433.98 NICOR GAS INV0010977 02/01/2021 UTIL 510-32-5510 7,966.14 Vendor NICOR GAS Total: 11,145.40 Vendor: OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD OTTOSEN DINOLFO 131972 02/01/2021 LABOR 100-01-5230 67.50 Vendor OTTOSEN DINOLFO HASENBALG & CASTALDO, LTD Total: 67.50 1/27/2021 2:15:00 PM Expense Approval Register Vendor Name Payable Number Vendor: PLATINUM HEATING & COOLING INC PLATINUM HEATING & 4906 Vendor: PUCHALSKI GOODLOE MARZULLO LLP PUCHALSKI GOODLOE 0011694 Vendor: ROBINSON ENGINEERING LTD ROBINSON ENGINEERING LTD 21010139 Vendor: ROCKWELL SPACE SOLUTIONS, INC ROCKWELL SPACE SOLUTIONS, INV0010978 Vendor: SYNCB/AMAZON SYNCB/AMAZON 1231 STMT 1-10-21 SYNCB/AMAZON 1231 STMT 1-10-21 Vendor: TYLER BUSINESS FORMS TYLER BUSINESS FORMS 55335 Vendor: US BANK USBANK 433740412 Vendor: WINNEBAGO LANDFILL CO WINNEBAGO LANDFILL CO 7161 Vendor: ZUKOWSKI ROGERS FLOOD & MCARDLE ZUKOWSKI ROGERS FLOOD & 147031 ZUKOWSKI ROGERS FLOOD & 147032 ZUKOWSKI ROGERS FLOOD & 147033 Packet: APPKT02016 - 2-1-21 AP CKS Post Date Description (Item) Account Number Amount 02/01/2021 CWWTP DEMO FOR D'S 510-32-8500 52,130.65 Vendor PLATINUM HEATING & COOLING INC Total: 52,130.65 02/01/2021 MCH POLICE PENSION FUND 760-00-5110 250.00 Vendor PUCHALSKI GOODLOE MARZULLO LLP Total: 250.00 02/01/2021 RIVERWALK SEWER REL 510-32-8500 12,085.50 Vendor ROBINSON ENGINEERING LTD Total: 12,085.50 02/01/2021 MASTER LOCK 100-22-6210 65.85 Vendor ROCKWELL SPACE SOLUTIONS, INC Total: 65.85 02/01/2021 MTHLY PD STMT 100-22-6210 940.88 02/01/2021 MTHLY PD STMT 100-22-6270 448.00 Vendor SYNCB/AMAZON Total: 1,388.88 02/01/2021 TAX FORMS 100-04-6210 571.23 Vendor TYLER BUSINESS FORMS Total: 571.23 02/01/2021 MTHLY RICOH 7437 620-00-5110 336.21 Vendor US BANK Total: 336.21 02/01/2021 SLUDGE 510-32-5580 1,441.72 Vendor WINNEBAGO LANDFILL CO Total: 1,441.72 02/01/2021 CORP 100-01-5230 6,706.25 02/01/2021 TRAFFIC 100-01-5230 4,344.10 02/01/2021 LENNAR 100-01-5230 1,087.50 Vendor ZUKOWSKI ROGERS FLOOD & MCARDLE Total: 12,137.85 Grand Total: 392,956.15 1/27/2021 2:15:00 PM Expense Approval Register Packet: APPKT02016 - 2-1-21 AP CKS Fund Summary Fund 100-GENERAL FUND 200-TOURISM FUND 270- MOTOR FUEL TAX FUND 400- RECREATION CENTER FUND 440 - CAPITAL IMPROVEMENTS FUND 510 - WATER/SEWER FUND 600- EMPLOYEE INSURANCE FUND 620- INFORMATION TECHNOLOGY FUND 760 - POLICE PENSION FUND Grand Total Expense Amount 28,253.49 33,609.98 4,722.25 197.82 2,624.00 321,793.53 1,168.87 336.21 250.00 392,956.15 Expense Approval Register IL #2 List Council Bills 2-1-21 \1ctMcHenry, c-nry Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A S031177 02/01/2021 427 (s031177) 100-33-5370 300.20 ADAMS ENTERPRISES INC, R A S033831 02/01/2021 streets (s033831) 100-33-5370 1,756.50 ADAMS ENTERPRISES INC, R A S033840 02/01/2021 805 s033840 100-33-5370 212.40 ADAMS ENTERPRISES INC, R A S034013 02/01/2021 423 s034013 100-33-5370 558.90 ADAMS ENTERPRISES INC, R A S034017 02/01/2021 416 s034017 100-33-5370 132.72 Vendor ADAMS ENTERPRISES INC, R A Total: 2,960.72 Vendor: ADVANCED AUTOMATION AND CONTROLS INC ADVANCED AUTOMATION AND 21-3569 02/01/2021 Diamond Lift Station Controls 510-32-5380 4,600.00 ADVANCED AUTOMATION AND 213570 02/01/2021 programing issue c12 in 213570 510-31-5110 230.00 Vendor ADVANCED AUTOMATION AND CONTROLS INC Total: 4,830.00 Vendor: AQUALAB WATER TREATMENT, INC AQUALAB WATER TREATMENT, 5942 02/01/2021 Water Treatment 100-03-5120 100.00 Vendor AQUALAB WATER TREATMENT, INC Total: 100.00 Vendor: AT&T AT&T 8662 1-11-21 02/01/2021 Voice Over IP - IP-Flex 620-00-5320 377.78 Vendor AT&T Total: 377.78 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC INV062902 02/01/2021 311/315 tires (2725) 100-22-5370 1,237.05 AUTO TECH CENTERS INC INV063012 02/01/2021 477 invo63012 100-33-5370 425.24 AUTO TECH CENTERS INC INV063046 02/01/2021 620 invo63046 510-32-5370 691.76 Vendor AUTO TECH CENTERS INC Total: 2,354.05 Vendor: BENCE, JENNIFER BENCE, JENNIFER 7220701-22-21 02/01/2021 Cont - Cupcake Club 100-46-5110 64.00 Vendor BENCE, JENNIFER Total: 64.00 Vendor: BUSS FORD SALES BUSS FORD SALES 5040006 02/01/2021 315 5040006 100-22-5370 75.91 BUSS FORD SALES 5040011 02/01/2021 315 5040011 100-22-5370 54.16 BUSS FORD SALES 5040046 02/01/2021 315 5040046 100-22-5370 86.97 BUSS FORD SALES 5040090 02/01/2021 323 100-22-5370 582.92 BUSS FORD SALES 5040097 02/01/2021 321 5040097 100-22-5370 232.85 BUSS FORD SALES 5040108 02/01/2021 321 5040108 100-22-5370 54.16 BUSS FORD SALES 6068290 02/01/2021 325(6068290) 100-22-5370 99.95 BUSS FORD SALES 6069933 02/01/2021 325 100-22-5370 1,138.12 Vendor BUSS FORD SALES Total: 2,325.04 Vendor: CABAY & COMPANY INC CABAY & COMPANY INC 63906 02/01/2021 Shop Supplies - Disinfecting 100-33-6115 129.76 CABAY & COMPANY INC 63922 02/01/2021 City wide paper supplies 100-01-6110 1,576.40 CABAY & COMPANY INC 63943 02/01/2021 Wipes and Cleaning supplies 400-00-6111 684.43 CABAY & COMPANY INC 63944 02/01/2021 Wipes and Cleaning supplies 400-00-6111 417.50 Vendor CABAY & COMPANY INC Total: 2,808.09 Vendor: CAREY ELECTRIC CAREY ELECTRIC 402676 02/01/2021 Property Damage - Light 610-00-5980 9,620.00 CAREY ELECTRIC 402709 02/01/2021 plant 4 electrical issues inv 510-31-5110 938.00 Vendor CAREY ELECTRIC Total: 10,558.00 Vendor: CENTURY SPRINGS CENTURYSPRINGS 2620195 02/01/2021 Water 100-03-5120 59.98 Vendor CENTURY SPRINGS Total: 59.98 Vendor: CONSERV FS CONSERV FS 65108748 02/01/2021 Ice Control 100-45-6110 325.85 1/27/2021 2:15:59 PM Expense Approval Register Packet: APPKT02018 - 2-1-21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount CONSERV FS 65109379 02/01/2021 Ice Control 100-45-6110 325.85 Vendor CONSERV FS Total: 651.70 Vendor: CORKSCREW GYMNASTICS & SPORTS ACADEMY CORKSCREW GYMNASTICS & 1609 02/01/2021 Winter Invoice 1609 100-47-5110 200.00 Vendor CORKSCREW GYMNASTICS & SPORTS ACADEMY Total: 200.00 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 5508685895.001 02/01/2021 30amp/2pole breaker- 510-32-5375 22.35 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 22.35 Vendor: CUMMINS INC CUMMINS INC CNE-13341 02/01/2021 Regional Pump Station- 510-32-5380 43.01 CUMMINS INC CNE-25697 02/01/2021 Regional Pump Station- 510-32-5380 8.49 CUMMINS INC F2-9139 02/01/2021 Hemlock Generator Repair 510-32-5380 5,594.09 CUMMINS INC J9-29898 02/01/2021 Hose -Radiator Port. Generato 510-32-5370 63.63 Vendor CUMMINS INC Total: 5,709.22 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 20836 02/01/2021 UPM TICKET# 46020 100-33-6110 1,193.40 Vendor CURRAN CONTRACTING COMPANY Total: 1,193.40 Vendor: DUKE'S ROOT CONTROL INC DUKE'S ROOT CONTROL INC 3363 02/01/2021 analyzer reagents doc # 3363 510-31-6110 915.94 Vendor DUKE'S ROOT CONTROL INC Total: 915.94 Vendor: E. ARIEL ROOFING SOLUTIONS, LLC E. ARIEL ROOFING SOLUTIONS, 2164 02/01/2021 Roof Maintenance 100-03-5120 360.00 Vendor E. ARIEL ROOFING SOLUTIONS, LLC Total: 360.00 Vendor: EJ USA INC EJ USA INC 110210001818 02/01/2021 Hydrants for stock (#2884577) 510-31-6110 4,315.70 EJ USA INC 110210001837 02/01/2021 24" hydrant Ext. 510-31-6110 391.40 Vendor EJ USA INC Total: 4,707.10 Vendor: FISCHER BROS FRESH FISCHER BROS FRESH 15117 02/01/2021 Ready Mix Concrete - STS - 100-33-6110 565.00 FISCHER BROS FRESH 15118 02/01/2021 Ready Mix Concrete - STS - 100-33-6110 669.00 FISCHER BROS FRESH 15122 02/01/2021 2021 Rd Pgm - Ready Mix 100-33-6110 565.00 FISCHER BROS FRESH 15124 02/01/2021 2021 Rd Pgm - Ready Mix 100-33-6110 565.00 Vendor FISCHER BROS FRESH Total: 2,364.00 Vendor: GALLS LLC GALLS LLC 017401889 01/27/2021 UNIFORMORDER- GALLAGHER 100-23-4510 30.25 GALLS LLC 017395571 02/01/2021 DISPATCH BADGES 100-23-6110 212.00 GALLS LLC 017410527 02/01/2021 UNIFORM ORDER - FISHER 100-22-4510 80.38 GALLS LLC 017414077 02/01/2021 UNIFORM ORDER - SPOHN 100-22-4510 68.85 GALLS LLC 017414081 02/01/2021 UNIFORMORDER- SCIAME 100-22-4510 39.95 GALLS LLC 017423111 02/01/2021 UNIFORMORDER- SCIAME 100-22-4510 132.70 GALLS LLC 017455205 02/01/2021 UNIFORM ORDER -WALSH 100-22-4510 90.82 GALLS LLC 017459402 02/01/2021 UNIFORM ORDER - CAREY 100-22-4510 11.06 GALLS LLC 017477313 02/01/2021 UNIFORM ORDER - K. DUCAK 100-22-4510 178.53 GALLS LLC 017486737 02/01/2021 UNIFORM ORDER - POLIDORI 100-22-4510 226.53 GALLS LLC 017487198 02/01/2021 NEW HIRE LOPEZ UNIFORM 100-22-4510 220.35 GALLS LLC 017487283 02/01/2021 UNIFORM ORDER - WALSH 100-22-4510 81.89 Vendor GALLS LLC Total: 1,373.31 Vendor: GOPHER GOPHER IN14539 02/01/2021 Ball Carts 100-47-6110 1,749.15 Vendor GOPHER Total: 1,749.15 Vendor: GREEN DOOR PROMOTIONS LLC GREEN DOOR PROMOTIONS 20-2111 02/01/2021 Parks and Rec T-shirts 100-41-4510 499.50 GREEN DOOR PROMOTIONS 20-2123 02/01/2021 Parks and Rec T-shirts 100-41-4510 117.00 GREEN DOOR PROMOTIONS 20-2124 02/01/2021 Parks and Rec T-shirts 100-41-4510 80.00 Vendor GREEN DOOR PROMOTIONS LLC Total: 696.50 1/27/2021 2:15:59 PM Expense Approval Register Packet: APPKT02018 - 2-1-21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 1760 02/01/2021 592 510-31-5370 90.00 Vendor HANSEN'S ALIGNMENT, DON Total: 90.00 Vendor: HAWKINS INC HAWKINS INC 4859860 02/01/2021 Chemical Delivery 510-32-6110 4,854.76 Vendor HAWKINS INC Total: 4,854.76 Vendor: HEARTLAND BUSINESS SYSTEMS, LLC HEARTLAND BUSINESS 417860-H 02/01/2021 Microsoft Monthly M365 620-00-5110 3,969.38 Vendor HEARTLAND BUSINESS SYSTEMS, LLC Total: 3,969.38 Vendor: HRGREEN HRGREEN 140857 02/01/2021 Parks Contracual: Vet's Park 100-45-5110 175.00 Vendor HRGREEN Total: 175.00 Vendor: ICC ICC 1001286244 02/01/2021 Code Books 100-03-5450 3,780.92 Vendor ICC Total: 3,780.92 Vendor: ILLINOIS TOLLWAY ILLINOIS TOLLWAY G125000006348 02/01/2021 OUT OF STATE TOLLS 100-22-5110 84.07 Vendor ILLINOIS TOLLWAY Total: 84.07 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 1852 02/01/2021 Monthly service fee 510-32-5110 7,750.00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 7,750.00 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 3021331718 02/01/2021 406 100-33-5370 75.90 INTERSTATE BILLING SERVICE 3021970586 02/01/2021 405 (3021970586) 100-33-5370 600.00 INTERSTATE BILLING SERVICE 3021991942 02/01/2021 405 100-33-5370 79.90 INTERSTATE BILLING SERVICE 3022088297 02/01/2021 407 (3022088297) 100-33-5370 1,099.66 INTERSTATE BILLING SERVICE 3022123715 02/01/2021 407 (3022123715) 100-33-5370 440.00 INTERSTATE BILLING SERVICE 3022136040 02/01/2021 407 (3022136040) 100-33-5370 1,299.00 INTERSTATE BILLING SERVICE 3022142118 02/01/2021 407 (42118) 100-33-5370 881.80 Vendor INTERSTATE BILLING SERVICE INC Total: 4,476.26 Vendor: JETSTREAM DETAILING JETSTREAM DETAILING 59162 02/01/2021 SQUAD DETAIL 100-22-5370 160.00 Vendor JETSTREAM DETAILING Total: 160.00 Vendor: JG UNIFORMS INC JG UNIFORMS INC 23558 02/01/2021 NEW HIRE LOPEZ UNIFORM 100-22-4510 1,131.65 JG UNIFORMS INC 23615 02/01/2021 NEW HIRE ZAJAC UNIFORM 100-22-4510 901.30 JG UNIFORMS INC 81200 02/01/2021 UNIFORM ORDER - FOLEY 100-22-4510 148.05 Vendor JG UNIFORMS INC Total: 2,181.00 Vendor: JULIE INC JULIE INC 2021-1065 02/01/2021 JULIE STS 2021 Annual 100-33-5110 2,004.61 Vendor JULIE INC Total: 2,004.61 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 8496892 02/01/2021 kimball stock(8496892) 510-35-5370 113.60 KIMBALL MIDWEST 8501622 02/01/2021 kimball stock 100-33-5370 400.29 KIMBALL MIDWEST 8518739 02/01/2021 kimball stock (8518739) 100-33-5370 359.47 KIMBALL MIDWEST 8536086 02/01/2021 kimball stock (8536086) 100-33-5370 334.34 Vendor KIMBALL MIDWEST Total: 1,207.70 Vendor: KIRCHNER, INC KIRCHNER, INC 50308 02/01/2021 RECHARGE FIRE EXT 100-22-5110 23.25 Vendor KIRCHNER, INC Total: 23.25 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 5053123 02/01/2021 311 (5053123) 100-22-5370 176.42 Vendor LANG AUTO GROUP, GARY Total: 176.42 1/27/2021 2:15:59 PM Expense Approval Register Packet: APPKT02018 - 2-1-21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: LOWE ENTERPRISES INC LOWE ENTERPRISES INC 86531 02/01/2021 Material removal 100-45-6110 60.00 Vendor LOWE ENTERPRISES INC Total: 60.00 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC P06915 02/01/2021 810 (p06915) 510-35-5370 824.25 MCCANN INDUSTRIES INC W01346 02/01/2021 447 (w01346) 100-45-5370 2,023.72 MCCANN INDUSTRIES INC W01365 02/01/2021 448 (w01365) 100-33-5370 3,354.61 Vendor MCCANN INDUSTRIES INC Total: 6,202.58 Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF 721-414 02/01/2021 CHIEF ASSOCIATION DUES 100-22-5410 100.00 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: 100.00 Vendor: MCHENRY HEATING & AIR INC MCHENRY HEATING & AIR INC S65338 02/01/2021 PD CONSTRUCTION 100-01-8200 4,965.00 Vendor MCHENRY HEATING & AIR INC Total: 4,965.00 Vendor: MCMASTER-CARR SUPPLY CO MCMASTER-CARR SUPPLY CO 51020689 02/01/2021 Hour Meters 510-32-5375 322.05 Vendor MCMASTER-CARR SUPPLY CO Total: 322.05 Vendor: MEADE INC MEADE INC 695212 02/01/2021 Traffic Signal Repair #695212 100-33-5110 146.36 Vendor MEADE INC Total: 146.36 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 236440W 02/01/2021 6"mega Lugs 510-31-6110 275.00 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 275.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 95056 02/01/2021 BOOKLETS 100-22-6210 82.08 MINUTEMAN PRESS OF MCH 95091 02/01/2021 BAIL BOND FORMS 100-22-6210 136.96 Vendor MINUTEMAN PRESS OF MCH Total: 219.04 Vendor: NCL OF WISCONSIN INC NCL OF WISCONSIN INC 449035 02/01/2021 Lab Supplies 510-32-6110 749.37 Vendor NCL OF WISCONSIN INC Total: 749.37 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 17489460 02/01/2021 Recreation Center Lighting 400-00-6110 300.00 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 300.00 Vendor: NORTHWESTERN MEDICINE OCC HEALTH NORTHWESTERN MEDICINE 507293 02/01/2021 Van Landuyt (random) 100-05-5110 80.00 Vendor NORTHWESTERN MEDICINE OCC HEALTH Total: 80.00 Vendor: PETROCHOICE LLC PETROCHOICE LLC 50430018 02/01/2021 Fuel Bill 100-03-6250 65.13 PETROCHOICE LLC 50439499 02/01/2021 streets (50439499) 100-33-6250 1,587.72 PETROCHOICE LLC 50442722 02/01/2021 Fuel - UTY - 50442722 510-35-6250 765.85 PETROCHOICE LLC 50442736 02/01/2021 Fuel Bill 100-03-6250 141.73 PETROCHOICE LLC 50442737 02/01/2021 Fuel - WW - 50442737 510-32-6250 571.85 PETROCHOICE LLC 50442738 02/01/2021 Fuel - WTR - 50442738 510-31-6250 225.61 PETROCHOICE LLC 50442739 02/01/2021 Fuel # 50442739 100-45-6250 490.64 PETROCHOICE LLC 50442740 02/01/2021 Fuel - STS - 50442740 100-33-6250 3,622.44 PETROCHOICELLC 50442741 02/01/2021 FUEL50442741 100-22-6250 3,095.72 PETROCHOICE LLC 50450184 02/01/2021 Waukegan Road Fuel - 510-32-6250 436.14 PETROCHOICE LLC 50450246 02/01/2021 Fuel - UTY - 50450246 510-35-6250 44.42 PETROCHOICE LLC 50450260 02/01/2021 Fuel - WW - 50450260 510-32-6250 256.94 PETROCHOICE LLC 50450261 02/01/2021 Fuel - WTR - 50450261 510-31-6250 70.51 PETROCHOICE LLC 50450262 02/01/2021 Fuel# 50450262 100-45-6250 89.73 PETROCHOICE LLC 50450263 02/01/2021 Fuel - STS - 50450263 100-33-6250 1,512.87 PETROCHOICE LLC 50450264 02/01/2021 FUEL50450264 100-22-6250 1,266.09 Vendor PETROCHOICE LLC Total: 14,243.39 1/27/2021 2:15:59 PM Expense Approval Register Packet: APPKT02018 - 2-1-21 RECT INVOICE Vendor Name Payable Number Post Date Description (Item) Account Number Amount Vendor: PLATINUM HEATING & COOLING INC PLATINUM HEATING & 9680 02/01/2021 Willow Lift Unit Heater Repair 510-32-5380 235.00 Vendor PLATINUM HEATING & COOLING INC Total: 235.00 Vendor: PLUS ONE TREE SERVICE PLUS ONE TREE SERVICE 1-13-20 02/01/2021 Vet's Park Tree Removal INV# 100-30-6950 5,500.00 Vendor PLUS ONE TREE SERVICE Total: 5,500.00 Vendor: PORTER LEE CORPORATION PORTER LEE CORPORATION 24796 02/01/2021 BEAST Annual Support 620-00-5110 1,330.00 Vendor PORTER LEE CORPORATION Total: 1,330.00 Vendor: PROSHRED SECURITY PROSHRED SECURITY 990074934 02/01/2021 MONTHLY SHRED 100-22-5110 63.00 Vendor PROSHRED SECURITY Total: 63.00 Vendor: RELIABLE SAND & GRAVEL RELIABLE SAND & GRAVEL 7744 02/01/2021 Construction Supplies 100-45-6110 65.58 Vendor RELIABLE SAND & GRAVEL Total: 65.58 Vendor: REX 24/7 TOWING REX 24/7 TOWING 3623 02/01/2021 SEIZURE TOW 100-22-5110 330.00 Vendor REX 24/7 TOWING Total: 330.00 Vendor: RUSSO POWER EQUIPMENT RUSSO POWER EQUIPMENT SPI10507974 02/01/2021 3 Chain Saws INV#SPI10507974 100-33-6270 57.54 RUSSO POWER EQUIPMENT SPI10507984 02/01/2021 3 Chain Saws INV#SPI10507974 100-33-6270 979.97 Vendor RUSSO POWER EQUIPMENT Total: 1,037.51 Vendor: RYDIN DECAL RYDIN DECAL 376458 02/01/2021 Boat Launch Season Passes 100-41-6110 283.49 Vendor RYDIN DECAL Total: 283.49 Vendor: SAFELITE FULFILLMENT INC SAFELITE FULFILLMENT INC FMJL1339 02/01/2021 634 (995008) 510-32-5370 369.97 Vendor SAFELITE FULFILLMENT INC Total: 369.97 Vendor: SECTION 8 DOORS & HARDWARE INC SECTION 8 DOORS & 9100 02/01/2021 Door Locks 100-33-6115 1,060.00 Vendor SECTION 8 DOORS & HARDWARE INC Total: 1,060.00 Vendor: SUNNYSIDE COMPANY SUNNYSIDE COMPANY 104658 01/27/2021 620 104658 510-32-5370 28.60 Vendor SUNNYSIDE COMPANY Total: 28.60 Vendor: TEXAS REFINERY CORP TEXAS REFINERY CORP 212406 02/01/2021 grease(212406) 100-33-6250 448.00 Vendor TEXAS REFINERY CORP Total: 448.00 Vendor: TRAFFIC CONTROL & PROTECTION INC TRAFFIC CONTROL & 106078 02/01/2021 Sign repair supplies 100-33-6110 372.50 Vendor TRAFFIC CONTROL & PROTECTION INC Total: 372.50 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 7020040693 02/01/2021 447 (40693) 100-33-5370 471.90 Vendor TREDROC TIRE/ANTIOCH 002 Total: 471.90 Vendor: VERIZON WIRELESS VERIZON WIRELESS 9870470678 02/01/2021 Monthly Cell Phone 620-00-5320 2,230.05 VERIZON WIRELESS 9870470678 02/01/2021 8th Generation iPad 620-00-6270 412.48 Vendor VERIZON WIRELESS Total: 2,642.53 Vendor: WAY 2 EASY, INC WAY 2 EASY, INC 160354 02/01/2021 Replacement Building Cameras 620-00-6270 4,275.00 Vendor WAY 2 EASY, INC Total: 4,275.00 Grand Total: 123,489.57 1/27/2021 2:15:59 PM Expense Approval Register Packet: APPKT02018 - 2-1-21 RECT INVOICE Fund Summary Fund 100-GENERAL FUND 400 - RECREATION CENTER FUND 510 - WATER/SEWER FUND 610- RISK MANAGEMENT FUND 620 - INFORMATION TECHNOLOGY FUND Grand Total: Expense Amount 64,074.66 1,401.93 35,798.29 9,620.00 12,594.69 123,489.57 City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.cityofmchenry.org REGULAR AGENDA ITEM DATE: February 1, 2021 TO: City Council FROM: Mayor Jett RE: Gamblur LLC Liquor License Application AGENDA ITEM SUMMARY: Gamblur LLC has submitted an application for a Class A Liquor License. Michael Siudak is the owner of the business. He is the owner of The Rusty Nail in Ringwood, IL. The location for The Gamblur is 1232 N. Green Street, which is the location of the former Gambler Bar & Grill, which recently closed. Mr. Siudak has been fingerprinted and a background check is currently underway. He has met with Mayor Jett regarding his application. RECOMMENDATION: Therefore, if Council concurs, it is recommended a motion be made to approve a Class A Liquor License to Gamblur LLC located at 1232 N. Green Street conditioned upon the satisfactory completion of a background check. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of progrmns and services in a customer -oriented, efficient, and fiscally responsible manner. D--- A -f 9 G r •ivF F S,�'L CITY OF MCHENRY �t i ci"r APPLICATION FOR LIQUOR LICENSE This section to be completed. License Number: Fee Received: License Issue Date: Date Fee Received: License Effective Date: Date Receipt Issued: Payment Type: (Cash, Cashiers Check, Certified Check Check Number: Notice: All Liquor License Applications are to be filed with the Office of the Mayor. All licenses expire on April 30t" following the date of Issuance. ALL SECTIONS OF THIS APPLICATION MUST BE FILLED OUT TRUTHFULLY AND IN THEIR ENTIRITY. IF A SECTION DOES NOT APPLY TO YOU MARK "N/A". ALL REQUIRED ATTACHMENTS MUST BE SUBMITTED WITH THIS APPLICATION. Section 1: License Classification Date of Application: License Type: (Class A, B, C, E, or F) Catering Endorsement: (Yes / No) New License or Transfer of License (select one) ;;j ApplicantSection 2: Name of Business Address Telephone Email Address a v LLC -een Section3: Business Type Type of Business: (Select One: Club, Sole Proprietor, Partnership, LLC or Corporation) L L G! Attached Business Filing with State Principal Type of Business: (Identify One: Bar, restaurant, retail store, hotel restaurant, gas bol station, gaming parlor, etc.) Do you intend to apply for gaming machines through the State of Illinois? (Yes or No) e j List State of filing for LLC, Corporation, Partnership and Sole Proprietor: ` How long has the sole proprietor, Club, Partnership, Corporation or LLC been In the business of selling alcohol? (List Date) Section 4: Zoning What Zoning Classification is business property? (Select One: Section 5: Business Location History Date on which the business opened or will open at the above Business Location: Is the property at which the applicant business is located owned or leased by the applicant? P If Leased please list owner Information below: Person or Business Name: Address: i 5l l /U. i v ersi Q 0. r✓i c(fe4e :'t G o o.SO Phone & Email: )W wsbc A copy of the property lease agreement must be attached to this application. Please mark N/A or Attach If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. Please mark N/A or Attached Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, funeral home, home for aged or indigent persons or for veterans and their families or any military or naval station? (Yes or No) No How many private property parking spaces are associated with the business location? (LIST NUMBER) Section 6: Business Agent List Agent: An Agent is the authorized representative of the Licensee who has supervisory authority over all employees of the license premises. An agent may be an owner, partner, member, or designated manager. Full Name DOB Home Address Citizenship If Naturalized: Birth or List date & place of Naturalization naturalization -SectionHistory Have the applicant(s) (including all 5% or higher owners), corporation, LLC, or partnership ever engaged in the business or sale of alcoholic liquor at any other location? (Yes or No) If Yes, list information below. Name of Person Name of associated corporation, LLC or partnership DBA Name Address C . a 5 kW Section Illinois State Liquor License Number Applicant's Retailer's Occupational tax (ROT) Registration Number Has applicant been delinquent in the payment of the Retailer's Occupational Tax (Sales Tax)? (Yes or No) If you answered "Yes" above provide a reason otherwise mark N/A. Section List the name and address of dram shop insurance company along with the policy number(s) for both the applicant business and the owner of the building in which the alcoholic liquor will be sold for the duration of the license. Name: Address: Policy Number rr� 111sk, 630 i Section 10: Questionnaire The following questions are in relation to the McHenry City Liquor Ordinance and Illinois law as it pertains to liquor licensing. All questions must be answered honestly. Failure to do so may disqualify you from the application process. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? (Yes or No) cj Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? (Yes or No) �5 Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department Is any such events take place? (Yes or No) e, j Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? (Yes or No) NO Have any of the applicants, including all listed agents and aartners who have a minimum of a 5% ownership in the business been convicted of any violation of any law pertaining to alcoholic liquors? (Yes or No) If "Yes" provide the name of the applicant and a description of the violation Name Description: include date and location Have any of the applicants, Including all listed agents and partners who have a minimum of a 5% ownership in the business been convicted of a felony or misdemeanor? (Yes or No) d If "'Yes" provide the name of the applicant and a description of the violation Name Description: include date and location Page 3 of 7 Section 10 Continued: Background Questionnaire Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? (Yes or No) n o `V If "Yes" provide the name of the individual and the date /location of the offense. Name Date and Location of Offense Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? (Yes or No) ecJ Has any owner(s) or member(s) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (ZO) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for thecurrent tax period? (Yes or No) NO If "Yes" provide name(s), date(s) and location Name Date and Location of Issuance Have you, or any partner, or owner of S% or more shares of the business or Agent, ever had a liquor license revoked or suspended? (Yes or No) f jl If "Yes" provide name(s), dat(s) and location Name Date and Location of Offense Is any individual who is directly or indirectly Interested In applicant's place of business, alaw-enforcing o>�cial or elected public official (mayor, alderman, and member of any City commission, committee or board)? (Yes or No) (� If "Yes" provide the name of the individual and there address and telephone. Name Address and Telephone Paae 4 of 7 OwnershipSection 11: Records A List of all owners, partners, stock holders and members must be listed below. Owner #1: Name }; - ` p of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates lam- 02. Owner #2: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates Owner #3: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates 5ot7 Owner #4: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates Owner #5: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates Owner #6: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates boi/ Owner #7: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates Owner #8: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates Owner #9: Name of naturalization DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place Employment History for Last 10 Years Employer Occupation Address Dates Page 7 of 7 Owner #10: Name DOB Address Phone Percentage of Ownership Citizenship (Birth or Naturalization) If Naturalized: List time & place of naturalization Employment History for Last 10 Years Employer Occupation Address Dates Section 12: Required Attachments usiness Dram Shop Insurance City of McHenry 333 S Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ccityofmchenry.org REGULAR AGENDA ITEM DATE: February 1, 2021 TO: City Council FROM: Mayor Jett RE: Gamblur LLC Video Gaming License Application AGENDA ITEM SUMMARY: Gamblur LLC is requesting Council approval for a Video Gaming License. This is subject to consideration based on Council approval of the previous agenda item — application and approval of a Class A Liquor License. Approval of a Video Gaming License is also subject to the execution of a Video Gaming Development Agreement. RECOMMENDATION: Therefore, if Council concurs, based on the approval of a Class A Liquor License under City Council Agenda Item 6A, a motion can be made to approve or deny a Video Gaming License to Gamblur LLC, 1232 Green Street, McHenry, IL, subject to the execution of a Video Gaming Development Agreement. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. City of McHenry Video Gaming License Application Annual License Term May 1st through April 301h License # VG- # Terminals: Terminal Fee: Terminal Operator Fee: Date: Check: Cash: Attach Copy of Valid Illinois Gaming Board License to Application Annual license fee payable to the city for a licensed private business shall be $1000 for each video gaming establishment and $1000 for each video gaming terminal. Fees for non -for -profit establishments shall be $250 for the annual video gaming establishment and $250 for each video gaming terminal. The applicant shall obtain a state license and exhibit proof of said license. I. Applicant's Corporate Name: 6d rl PLup, L4C, 2. Business Street Address: ,e 3. Business Telephone Number: 261L 703'5'787 Email Address: 4. Number of Video Gaming Terminals to be operated: (maximum 5) 5. Name, business address, telephone number, and email address for your Terminal Operator: -L Sca�rl 6. Have you made application for a similar license for premises other than described in this location? 1r A.5 If so, provide date, location of premises and disposition of application 7. Has any license previ usly i ued to you y State, Federa or loc al authorities been revoked? No__4X___ Yes If you answered yes, state reasons and date of revocation(s) The undersigned affirms the statements ained in this application are true and correct. Signed: Title: Olvnel' Print Name:['�j1 Rev: 8/2019 Return to: mjohnson@cityofmchenry.org Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT TO: Mayor and City Council FOR: February 1, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Downtown Streetscape Master Plan ATT: 1. Professional Services Contract for Downtown Streetscape Master Plan. AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding a professional services contract between the City of McHenry and Christopher B. Burke Engineering, Ltd. For Professional Landscape Architecture/Planning Services for the Downtown Streetscape Master Framing Plan in the amount of $149,900.00. BACKGROUND: On December 7, 2020, City Council provided feedback to Christopher Burke Engineering (CBBEL) to assist staff in negotiating a contract scope of services. This involved the addition of Pearl Street, and the IL-120 & IL-31 intersection. The plan will also include Main Street, west of Route 31, which is outside of the TIF District but an important part of the downtown business district area. CBBEL returned with a draft agreement and estimated the total project cost to be $149,900.00. Staff is proposing to finance 75% ($112,425.00) of the total project costs using TIF funds and the remaining 25% ($37,475.00) from the General Fund. Location TIF District Non-TIF District Total Fund Source TIF Fund General Fund - Project Area Limits 75% 25% 100% Total Funding Allocation $112,425.00 $37,475.00 $149,900.00 If approved, the project will begin immediately, in February, and will be substantially completed by August 2021. The FY20/21 Budget includes $20,000 in the Tax Increment Finance Fund and sufficient balance in the General Fund capital expense budgets to cover project expenses Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org incurred in FY20/21 and, as such, no budget amendment is necessary. The balance of the project expenses will then be included in the FY21/22 TIF and General Fund budgets. RECOMMENDATION: Therefore, if Council concurs, it is recommended that a motion be made to authorize the execution of the attached Professional Services Contract Between the City of McHenry and Christopher B. Burke Engineering, Ltd. for Professional Landscape Architecture/Planning Services for Downtown Streetscape Master Framing Plan in the amount of $149,900. 1 City of McHenry Professional Services Contract Professional Services Contract Between the City of McHenry and Christopher B. Burke Engineering, Ltd. for Professional Landscape Architecture/Planning Services for Downtown Streetscape Master Framing Plan Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between the City of McHenry and Christopher B. Burke Engineering, Ltd. for Professional Landscape Architecture/Planning Services for Downtown Streetscape Master Framing Plan TABLE OF CONTENTS ARTICLE 1. THE SERVICES............................................................................ 1.1 Intent............................................................................................ 1.2 Services........................................................................................ 1.3 Project Time................................................................................ 1.4 Term; Extensions......................................................................... 1.5 Other Contracts............................................................................ 1.6 Responsibility of Consultant to Perform ..................................... 1.7 Financial Ability to Perform........................................................ ARTICLE 2. COMPENSATION AND PAYMENT .......................................... 2.1 Pricing Schedule.......................................................................... 2.2 Monthly Payment; Invoices......................................................... 2.3 Taxes............................................................................................ 2.4 Final Payment.............................................................................. 2.5 Deductions................................................................................... 2.6 Use of Deducted Funds................................................................ 2.7 Keeping Books and Accounts...................................................... ARTICLE 3. PERFORMANCE OF SERVICES ................................................ 3.1 Standard of Performance............................................................. 3.2 Correction of Defects................................................................... 3.3 Risk of Loss................................................................................. 3.4 Opinions of Probable Cost........................................................... 3.5 City Responsibilities.................................................................... 3.6 Time of the Essence..................................................................... Pale ......................... I .........................1 .........................1 ......................... l .........................1 .........................1 ......................... 2 ......................... 2 ......................... 2 ......................... 2 ......................... 2 ......................... 2 ......................... 3 ......................... 3 ......................... 3 ......................... 3 ......................... 3 ......................... 3 ......................... 4 ......................... 4 ......................... 4 ......................... 5 Revised 5/22/17 City of McHenry Professional Services Contract 3.7 Suspension of Services............................................................................................ 5 ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS............................................................ 5 4.1 Services Change Orders...........................................................................................5 4.2 Revision Notices......................................................................................................5 4.3 No Change in Absence of Services Change Order..................................................5 4.4 Delays...................................................................................................................... 5 ARTICLE5. INSURANCE............................................................................................................ 6 5.1 Insurance.................................................................................................................. 6 5.2 Scope of Coverage; Minimum Limits of Coverage ................................................. 6 5.3 Deductibles and Self -Insured Retentions.................................................................6 5.4 Additional Requirements......................................................................................... 6 5.5 Verification of Coverage......................................................................................... 7 5.6 Sub -Consultants and Suppliers................................................................................ 8 ARTICLE 6. INDEMNIFICATION............................................................................................... 8 6.1 Agreement to Indemnify.......................................................................................... 8 6.2 No Limit Based on Insurance.................................................................................. 8 6.3 Withholding Payment.............................................................................................. 8 6.4 Limit on Duty to Indemnify..................................................................................... 8 ARTICLE7. ARBITRATION........................................................................................................ 8 7.1 Arbitration............................................................................................................... 8 ARTICLE8. TERMINATION........................................................................................................9 8.1 Contract is At-Will.................................................................................................. 9 8.2 Termination by City for Breach............................................................................... 9 8.3 City Remedies.......................................................................................................... 9 8.4 Termination by Consultant for Breach.................................................................... 9 ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS .........................9 9.1 Consultant as Independent Consultant..................................................................10 9.2 Compliance with Laws; Communications with Regulators..................................10 9.3 Permits and Licenses.............................................................................................10 9.4 Safety; Hazardous Materials..................................................................................10 9.5 Ownership of Data and Documents.......................................................................10 9.6 Notices...................................................................................................................10 9.7 No Waiver by City.................................................................................................10 9.8 No Third -Party Beneficiaries.................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract 9.9 9.10 9.11 9.12 9.13 9.14 9.15 Survivalof Terms..................................................................................................11 Assignments..........................................................................................................11 Amendments..........................................................................................................11 GoverningLaw......................................................................................................11 Compliance with Laws, Grant Regulations...........................................................11 Representation of No Conflicts.............................................................................11 NoCollusion..........................................................................................................11 Revised 5/22/17 City of McHenry Professional Services Contract Professional Services Contract Between the City of McHenry and Christopher B. Burke Engineering, Ltd. for Professional Landscape Architecture/Planning Services for Downtown Streetscape Master Framing Plan This contract (the "Contract") is dated as of January 19, 2021 (the "Effective Date") and is by and between the City of McHenry, an Illinois municipal corporation, (the "City") and Christopher B. Burke Engineering, Ltd. (the "Consultant"). In consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE 1. THE SERVICES 1.1 Intent. It is the intent of the parties that this Contract govern the relationship of the parties. 1.2 Services. The Consultant will perform for the City the following services (the "Services"): Proposed Scope of Services is identified in the attached CBBEL proposal dated January 19, 2021. 1.3 Project Time. The Services will be performed according to the following schedule ("Project Schedule"): Begins: After City Approval of Attached Contract - February, 2021 Completed: On or before August 2, 2021 The Services will be completed on or before August 2, 2021 (the "Completion Date"). The Completion Date shall be effective for substantial completion all design services. 1.4 Term; Extensions. This Contract commences on the Effective Date and terminates on August 2, 2021 unless terminated earlier pursuant to Article 8 of this Contract (the "Term"). All terms of this Contract, including without limitation pricing terms, are firm during the Term, unless as embodied in an amendment to this Contract in accordance with Section 9.15. The Parties may extend this Contract for two additional one-year periods (each an "Extended Term"). Pricing terms may be adjusted by written agreement at the beginning of an Extended Term. 1.5 Other Contracts. The City may enter into agreements with other consultants, pursuant to which the City may award work from time to time at the City's discretion. 1.6 Responsibility of Consultant to Perform. The Consultant must provide all personnel necessary to complete the Services. The Consultant must perform the Services with its own personnel and under the management, supervision, and control of its own organization unless otherwise approved by the City in writing. All sub -consultants and supplies used by the Consultant in the -1- City of McHenry Professional Services Contract performance of Services must be acceptable to, and approved in advance by, the City. The City's approval of any sub -consultant or supplier will not relieve the Consultant of full responsibility and liability for the provision, performance, and completion of the Services in full compliance with, and as required by or pursuant to, this Contract. All Services performed by any sub -consultant or supplier are subject to all of the provisions of this Contract in the same manner as if performed directly by the Consultant. If any sub -consultant or supplier fails to properly perform any Services undertaken by it in compliance with this Contract, then the Consultant, immediately on notice from the City, must remove that sub -consultant or supplier and undertake the Services itself or replace the sub - consultant or supplier with a sub -consultant or supplier acceptable to the City. The Consultant will have no claim for damages, for compensation in excess of the Compensation, or for delay or extension of the Project Schedule as a result of any such removal orreplacement. 1.7 Financial Ability to Perform. When executing this Contract, the Consultant represents and declares that it is financially solvent, has the financial resources necessary, has sufficient experience and competence, and has the necessary capital, facilities, organization, and staff necessary to provide, perform, and complete the Services set forth in this Contract in full compliance with, and as required by or pursuant to, this Contract. ARTICLE 2. COMPENSATION AND PAYMENT 2.1 Pricing Schedule. As compensation for the performance of the Services ("Compensation"), the City will pay the Consultant the following amounts and in the following manner: Proposed Pricing is included in the attached CBBEL proposal dated January 19, 2021. Except for the Compensation, the City will have no liability for any expenses or costs incurred by the Consultant. 2.2 Monthly Payment; Invoices. The Compensation will be paid in monthly installments. The Consultant must submit to the City, on a monthly basis, a written invoice for payment for completed work. The City may specify the specific day of the month on or before which invoices must be filed. Each invoice must be accompanied by receipts, vouchers, and other documents as necessary to reasonably establish the Consultant's right to payment of the Compensation stated in the invoice. In addition, each invoice must include (a) employee classifications, rates per hour, and hours worked by each classification and, if the Services are to be performed in separate phases, for each phase, (b) total amount billed in the current period and total amount billed to date and, if the Services are to be performed in separate phases, for each phase, and (c) the estimated percent completion of the Services and, if the Services are to be performed in separate phases, for each phase. 23 Taxes. The Compensation includes applicable federal, State of Illinois, and local taxes of every kind and nature applicable to the services provided by the Consultant and all taxes, contributions, and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities, or other similar benefits. The Consultant will never have a claim or right to claim additional compensation by reason of the payment of any such tax, contribution, premium, costs, royalties, or fees. 2.4 Final Payment. The Services will be considered complete on the date of final written -2- City of McHenry Professional Services Contract acceptance by the City of the Services or the relevant phase of the Services. Services related to a submission of the Consultant will be deemed accepted by the City if the City does not object to those Services in writing within 30 days after the submission by the Consultant of an invoice for final acceptance and payment The City will make final payment to the Consultant within 30 days after final acceptance of the Services, after deducting therefrom charges, if any, as provided in this Contract ("Final Payment"). The acceptance by the Consultant of Final Payment will operate as a full and complete release of the City by the Consultant of and from any and all lawsuits, claims, or demands for further payment of any kind for the Services encompassed by the Final Payment. 2S Deductions. Notwithstanding any other provision of this Contract, the City may deduct and withhold from any payment or from Final Payment such amounts as may reasonably appear necessary to compensate the City for any loss due to (1) Services that are defective, nonconforming, or incomplete, (2) liens or claims of lien, (3) claims against the Consultant or the City made by any of the Consultant's sub -consultants or suppliers or by other persons about the Services, regardless of merit, (4) delay by the Consultant in the completion of the Services, the cost to the City, including without limitation reasonable attorneys' fees, of enforcing the terms of this Contract. The City will notify the Consultant in writing of the City's determination to deduct and withhold funds, which notice will state with specificity the amount of, and reason or reasons for, such deduction and withholding. 2.6 Use of Deducted Funds. The City will be entitled to retain any and all amounts withheld pursuant to Section 2.5 above until the Consultant either has performed the obligations in question or has furnished security for that performance satisfactory to the City. The City will be entitled to apply any money withheld or any other money due to the Consultant to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, and reasonable attorneys' fees (collectively "Costs") incurred, suffered, or sustained by the City and chargeable to the Consultant under this Contract. 2.7 Keeping Books and Accounts. The Consultant must keep accounts, books, and other records of all its billable charges and costs incurred in performing Services in accordance with generally accepted accounting practices, consistently applied, and in such manner as to permit verification of all entries. The Consultant must make all such material available for inspection by the City, at the office of the Consultant during normal business hours during the Term and for a period of five years after termination of this Contract. Copies of such material must be furnished to the City at the City's request and expense. ARTICLE 3. PERFORMANCE OF SERVICES 3.1 Standard of Performance. The Consultant must perform the Services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances in the Chicago Metropolitan Region ("Standard of Performance"). The Consultant is fully and solely responsible for the quality, technical accuracy, completeness, and coordination of all Services. All plans and other documents furnished by the Consultant shall be endorsed and stamped with professional seals when such seals are required by law. 32 Correction of Defects. The Consultant must provide, for no additional Compensation and at no separate expense to the City, all work required to correct any defects or deficiencies in the performance of Services, regardless of whether the defect or deficiency relates to the work of the Consultant or of the Consultant's sub -consultants or suppliers. -3- City of McHenry Professional Services Contract 33 Risk of Loss. The Consultant bears the risk of loss in providing all Services. The Consultant is responsible for any and all damages to property or persons arising from any Consultant error, omission, or negligent act and for any losses or costs to repair or remedy any work undertaken by the City based on the Services as a result of any such error, omission, or negligent act. Notwithstanding any other provision of this Contract, the Consultant's obligations under this Section 3.3 exist without regard to, and may not be construed to be waived by, the availability or unavailability of any insurance, either of the City or the Consultant, to indemnify, hold harmless, or reimburse the Consultant for damages, losses, or costs. 3.4 Opinions of Probable Cost. The Parties recognize that neither the Consultant nor the City has control over the costs of labor, materials, equipment, or services furnished by others or over competitive bidding, market or negotiating conditions, or construction contractors' methods of determining their prices. Accordingly, any opinions of probable costs provided under this Contract are considered to be estimates only, made on the basis of the Consultant's experience and qualifications, and those opinions represent the Consultant's best judgment as an experienced and qualified professional, familiar with the industry. The Consultant does not guarantee that proposals, bids, or actual costs will not vary from the opinions prepared by the Consultant. 3.5 City Responsibilities. The City, at its sole cost and expense, will have the following responsibilities: (a) To designate in writing a person with authority to act as the City's representative with respect to the Services. In the absence of a written designation, the City's representative will be the City Administrator. The City's representative will have the authority to act on behalf of the City except on matters that require approval of the City Council. (b) To provide to the Consultant all criteria and information about the requirements for the Services, including, as relevant, the City's objectives and constraints, schedule, space, capacity and performance requirements, and budgetary limitations. (c) To provide to the Consultant existing studies, reports, and other available data relevant to the Services. (d) To arrange for access to, and make provisions for the Consultant to enter on, public and private property as reasonably required for the Services. (e) To provide, as relevant, surveys describing physical characteristics, legal limitations, and utility locations for the Services and the services of other consultants when the services of other consultants are requested by the Consultant and are necessary for the performance of the Services. (fl To provide structural, mechanical, chemical, air and water tests, tests for hazardous materials, and other laboratory and environmental tests, inspections, and reports required by law to be provided by the City in connection with the Services, except the extent such tests, inspections, or reports are part of the Services. (g) To review reports, documents, data, and all other information presented by the Consultant as appropriate. (h) To provide approvals from all governmental authorities having jurisdiction over the Services when requested by the Consultant, except the extent such approvals are part of the Services. me City of McHenry Professional Services Contract (i) To provide, except as provided under Article 5 and Article 6 of this Contract, all accounting, insurance, and legal services as may be necessary from time to time in the judgment of the City to protect the City's interests with respect to the Services. 0) To attend meetings related to the Services. (k) To give prompt written notice to the Consultant whenever the City observes or otherwise becomes aware of any development that affects the scope or timing of Services, except that the inability or failure of the City to give any such a notice will not relieve the Consultant of any of its responsibilities under this Contract. 3.6 Time of the Essence. Time is of the essence for the Services and all activities with regard to the performance of the Services. 3.7 Suspension of Services. The City, at any time and for any reason, may suspend work on any or all Services by issuing a written work suspension notice to the Consultant. The Consultant must stop the performance of all Services within the scope of the suspension notice until the City directs the Consultant in writing to resume performance. ARTICLE 4. SERVICES CHANGE ORDERS; DELAYS 4.1 Services Change Orders. The City, from time to time, may issue a written order modifying or otherwise changing the scope of the Services included in a Services Change Order (a "Services Change Order"). Any Services Change Order in an amount exceeding $10,000 must be approved by the City Council. The Services Change Order will be generally in the form attached to and by this reference incorporated into this Contract as Attachment A. The Consultant may request a Services Change Order based on a claimed material change to any Services performed under this Contract. A Services Change Order may include additions to and deletions from the Services and will include requested equitable increases or decreases to the Compensation. 4.2 Revision Notices. Within three (3) days after the date of a Services Change Order, and in any event before the Consultant begins work on any changed Services, the Consultant must notify the City in writing if the Consultant desires a revision to the Services Change Order (a "Revision Notice"). The Revision Notice must clearly state the Consultant's requested revisions and the reasons for the revisions. If the City agrees to any revision, then the City will issue a revised Services Change Order in a form acceptable to the Parties. If the Consultant does not submit a Revision Notice within the (3) -day period, then the Consultant will be deemed to have acceptedthe Services Change Order and the Services Change Order will be final. 43 No Change in Absence of Services Change Order. No claim for an adjustment in Compensation or Project Schedule will be made or allowed unless it is embodied in a Services Change Order signed by the City and the Consultant. If the Consultant believes it is entitled to an adjustment in the Compensation or Project Schedule terms that has not been included, or fully included, in a Services Change Order, then the Consultant may submit to the City a written request for the issuance of, or revision of, a Services Change Order including the desired adjustment. The Consultant's request must be submitted before the Consultant proceeds with any Services for which an adjustment is desired. 44 Delays. If a delay in providing Services results from one or more causes that could not be avoided or controlled by the Consultant, then the Consultant may be entitled to an extension -5- City of McHenry Professional Services Contract of the Project Schedule for a period of time equal to that delay, or an adjustment in Compensation for extra costs related to the delay, or both. The Consultant must notify the City in writing within 3 days after the start of the delay and again in writing within 3 days after the delay has ended (the "Delay Period"). The first notice must state the cause or causes of the delay and the impact of the delay on providing Services. The second notice must state the cause or causes of the delay, the length of the day, the reasons why the delay disrupted performance of the Services and the Consultant's request, if any, for a change in Compensation or Project Schedule. If the Consultant fails to submit notices as provided in this Section 4.5, then the Consultant will be deemed to have waived any right to an adjustment in Compensation for the Services. ARTICLE 5. INSURANCE 5.1 Insurance. The Consultant must procure and maintain, for the duration of this Contract, insurance as provided in this Article 5. 52 Scope of Coverage; Minimum Limits of Coverage. (a) Commercial General Liability. Insurance Services Office ("ISO"), or reasonable equivalent, Commercial General Liability occurrence form CG 0001, with the City and its officials, officers, employees, and agents named as additional insured on Insurance Service Office (ISO) Additional Insured Endorsement CG 2010 (Exhibit A) or CG 2026 (Exhibit B). Coverage must be at least $1,000,000 combined single limit per occurrence for bodily injury and for property damage and $1,000,000 per occurrence for personal injury. The general aggregate must be twice the required occurrence limit. Minimum General Aggregate must be no less than $2,000,000 or a project- contract specific aggregate of $1,000,000. (b) Automobile Liability. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto." Coverage must be at least $1,000,000 combined single limit per accident for bodily injury and property damage. (c) Professional Liability. Indemnification and for injury or damage arising out of negligent acts, errors, or omissions in providing professional services, including without limitation: (i) preparing, approving, or failure to prepare or approve maps, drawings, opinions, report, surveys, designs or specifications and (ii) providing direction, instruction, supervision, inspection, or engineering services or failing to provide them, if that is the primary cause of injury or damage. Coverage must be at least $1,000,000 each claim with respect to negligent acts, errors, and omissions in connection with all professional services to be provided under this Contract. (d) Workers' Compensation and Employers' Liability. Workers' Compensation as required by the Workers' Compensation Act of the State of Illinois and Employers' Liability insurance. Coverage must be at least Workers' Compensation Coverage with statutory limits and Employers' Liability limits of $500,000 per accident. 53 Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either the insurer must reduce or eliminate such deductibles or self -insured retentions with respect to the City and its officials, officers, employees, and agents or the Consultant must procure a bond guaranteeing payment of losses and related investigation, claim administration, and Consultant defense expenses. 5.4 Additional Requirements. The insurance policies must contain, or be endorsed to contain, the following provisions: SZ City of McHenry Professional Services Contract (a) Commercial General Liability and Automobile Liability Coverage. The City and its officials, officers, employees must be covered as additional insured as respects: liability arising out of the Consultant's work, including without limitation activities performed by or on behalf of the Consultant and automobiles owned, leased, hired, or borrowed by the Consultant. Coverage must contain no special limitations on the scope of protection afforded to the City or its officials, officers, employees, and agents. (b) Primary Coverage. The insurance coverage must be primary with respect to the City and its officials, officers and employees. Any insurance or self-insurance maintained by the City and its officials, officers, employees, and agents will be excess of the Consultant's insurance and will not contribute with it. (c) Severability of Interests/Cross Liability. The insurance must contain a Severability of Interests/Cross Liability clause or language stating that the insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's ability. (d) Umbrella Policies. If any commercial general liability insurance is being provided under an excess or umbrella liability policy that does not "follow form," then the Consultant must name the City and its officials, officers and employees, as additional insured under the umbrella policy. (e) Occurrence Form. All general liability coverage must be provided on anoccurrence policy form. Claims -made general liability policies are not acceptable. ( Workers' Compensation and Employers' Liability Coverage. The insurer must agree to waive all rights of subrogation against the City and its officials, officers, employees, and agents for losses arising from work performed by the Consultant. (9) Professional Liability. If the policy is written on a claims -made form, the retroactive date must be equal to or preceding the effective date of this Contract. If the policy is cancelled, non - renewed, or switched to an occurrence form, then the Consultant must purchase supplemental extending reporting period coverage for a period of not less than three years after the date of substantial completion. (h) All Coverage. Each insurance policy required must have the City expressly endorsed onto the policy as a Cancellation Notice Recipient. If a policy is canceled before the expiration date of that policy, then notice must be delivered to the City in accordance with the policy provisions prior to the expiration date. 0 Acceptability of Insurers. Insurance must be placed with insurers with a Best's rating of no less than A-, VII and licensed to do business in the State of Illinois. 0) Waiver of Limitation. The Consultant hereby agrees to waive any limitation as to the amount of contribution recoverable against it by the City. This specifically includes any limitation imposed by any state statute, regulation, or case law including any Workers' Compensation Act provision that applies a limitation to the amount recoverable in contribution, such as Kotecki v. Cyclops Welding. Each sub -consultant also must agree to this waiver. 5.5 Verification of Coverage. The Consultant must furnish the City with certificates of insurance naming the City and its officials, officers, employees, and agents as additional insured and -7- City of McHenry Professional Services Contract with original endorsements affecting coverage required by this Article 5. The certificates and endorsements for each insurance policy must be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements may be on forms provided by the City or may be ISO Additional Insured Endorsements CG 2010 or CG 2026, or reasonable equivalent, and in any event must be received and approved by the City before any work commences. The City reserves the right to request a full certified copy of each insurance policy andendorsement. 5.6 Sub -Consultants and Suppliers. The Consultant must include all sub -consultants as insured under its policies or must furnish separate certificates and endorsements for each sub - consultant. All coverage for sub -consultants are subject to all of the requirements stated in this Article 5. ARTICLE 6. INDEMNIFICATION 6.1 Agreement to Indemnify. To the fullest extent permitted by law, the Consultant hereby agrees to indemnify and, at the City's request, defend the City and its officials, employees, agents, and representatives (collectively the "Indemnified Parties") against all injuries, deaths, loss, damages, claims, patent claims, lawsuits, liabilities, judgments, costs, and expenses, including attorney fees incurred by the City (collectively "Claims"), that may in any way accrue against the Indemnified Parties or any one of them arising in whole, or in part, or in consequence of the negligent or intentionally tortious performance of any services by the Consultant or its employees or sub - consultants or that may in any way result therefrom, except only Claims arising out of the sole legal cause of the City. In addition, Consultant hereby agrees to indemnify the City with regard to any damages, costs and expenses, including attorney fees incurred by the City for any failure by the Consultant to comply with insurance reporting provisions of any Consultant insurance policy adversely affecting coverage provided to the indemnified parties. 62 No Limit Based on Insurance. The Consultant expressly acknowledges and agrees that any performance bond or insurance policy required by this Contract, or otherwise provided by the Consultant, will in no way limit the responsibility to indemnify and defend the Indemnified Parties or any one of them. 63 Withholding_ Payment. To the extent that any payment is due to the Consultant under this Contract, the City may withhold that payment to protect itself against any Indemnified Claims until all claims, suits, or judgments have been settled or discharged and evidence to that effect has been furnished to the satisfaction of the City. 6.4 Limit on Duty to Indemnify. The Consultant is not required to indemnify an Indemnified Party to the extent a Claim resulted solely from the negligence or willful misconduct of the Indemnified Party. ARTICLE 7. ARBITRATION 7.1 Arbitration. Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules or JAMS Dispute Resolution, as determined in the exclusive discretion of the City, at 333 N. Green St. McHenry, Illinois, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties agree that an arbitration award by default may be entered upon the party failing to appear or defend itself in any arbitration proceeding. In the event of any arbitration or litigation of this Contract, the non -prevailing party, as determined by the arbiter or court, shall pay all expenses -8- City of McHenry Professional Services Contract incurred by the prevailing party, including, but not limited to (a) attorney's fees, (b) filing costs, (c) witness fees, and (d) other general expenses of arbitration or litigation. ARTICLE 8. TERMINATION 8.1 Contract is At -Will. This Contract is at -will and may be terminated by the City at any time at the City's convenience, without reason or cause. If the City terminates this Contract without reason or cause, then the Consultant will be entitled to Compensation for all Service performed by the Consultant up to the date of termination. The Consultant is not entitled to any consequential damages, including without limitation for lost profit, for any Services not performed by the Consultant. 82 Termination by Ci_ty for Breach. The City at any time, by written notice providing Consultant with 10 days' to cure any alleged breach hereof, may terminate this Contract of breach by the Consultant and of one or more terms of this agreement. "Breach" by the Consultant includes (a) failure of the Consultant to adhere to any terms or conditions of this Contract, (b) failure of the Consultant to properly perform Services, (c) or failure of the Consultant to maintain progress in the performance of Services so as to endanger proper performance of the Services within the Project Schedule, (d) failure of the Consultant to have or maintain adequate resources to complete any Services. 83 City Remedies. If the City terminates this Contract for Breach by the Consultant, then the City will have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: (a) The City may recover from the Consultant any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. (b) The City may withhold any or all outstanding Compensation to reimburse itself or pay for any and all costs, including without limitation reasonable attorneys' fees, incurred by the City as the result of any Breach or as a result of actions taken by the City in response to any Breach. In that event, the City will pay any excess funds to the Consultant, if any, after all of the City's costs are reimbursed or paid. If the Compensation withheld by the City is insufficient to reimburse the City for, or pay, all costs, then the City will has the right to recover directly from the Consultant a sum of money sufficient to reimburse itself, or pay, all remaining costs. 8.4 Termination by Consultant for Breach. The Consultant at any time, by written notice, terminate this Contract on account of failure by the City to properly pay the Consultant and failure of the City to cure the breach within 10 days after that written notice or such further time as the Consultant may agree, in the Consultant's sole discretion, in response to a written notice from the City seeking additional time to cure. IN City of McHenry Professional Services Contract ARTICLE 9. LEGAL RELATIONSHIPS AND GENERAL REQUIREMENTS 9.1 Consultant as Independent Consultant. For purposes of this Contract, the Consultant is an independent consultant and is not, and may not be construed or deemed to hP nn em to ee agent, or joint venturer of the City. P Y 9.2 Communications with Regulators. Any written communication by Consultant directly with applicable governmental regulatory agencies with regard to Services shall be copied to the City. 9.3 Permits and Licenses. The Consultant must obtain and pay for all permits and licenses, registrations, qualifications, and other governmental authorizations required by law that are associated with the Consultant's performance of Services. 9.4 Safety; Hazardous Materials. (a) Protection of Health, Environment. The Consultant's personnel must be experienced and properly trained to perform the Services and must take adequate precautions to protect human health and the environment in the performance of Services. (b) Notice of Hazardous Conditions. If the Consultant observes a potentially hazardous condition relating to the Services, then the Consultant must bring that condition to the attention of the City. (c) Hazardous Materials. The Consultant acknowledges that there may be hazardous substances, wastes, or materials as defined by applicable Law ("Hazardous Materials") at a project site or otherwise associated with Services, and the Consultant under those circumstances must take appropriate precautions to protect its employees, sub -consultants, andsuppliers. 9.5 Ownership of Data and Documents. All data and information, regardless of its format, developed or obtained under this Contract (collectively "Data"), other than the Consultant's confidential information, will be and remain the sole property of the City. The Consultant must promptly deliver all Data to the City at the City's request. The Consultant is responsible for the care and protection of the Data until that delivery. The Consultant may retain one copy of the Data for the Consultant's records subject to the Consultant's continued compliance with the provisions of this Article. The City hereby indemnifies the Consultant for damages caused by the City's misuse or reuse of Data not originally intended. 9.6 Notices. Any notice or communication required by this Contract will be deemed sufficiently given if in writing and when delivered personally or upon receipt of registered or certified mail, postage prepaid, with the U.S. Postal Service and addressed as follows: If to the City: City Administrator City of McHenry 333 S. Green Street McHenry, Illinois 60050 with a copy to: Public Works Director Public Works Department 1415 Industrial Drive McHenry, Illinois 60050 -10- City of McHenry Professional Services Contract If to the Consultant: Christopher B. Burke Engineering, Ltd. 9575 W. Higgins Road, Suite 600 Rosemont, IL 60018 Attention: Scott Griffith with a copy to: N/A or to such other address as the party to whom notice is to be given has furnished in writing. 9.7 No Waiver by City. No act, order, approval, acceptance, or payment by the City, nor any delay by the City in exercising any right under this Contract, will constitute or be deemed to be an acceptance of any defective, damaged, flawed, unsuitable, nonconforming, or incomplete Services or operate to waive any requirement or provision of this Contract or any remedy, power, or right of the City. 9.8 No Third -Party Beneficiaries. This Contract is for the benefit of the City and the Consultant only and there can be no valid claim made or held against the City or the Consultant by any third party to be a beneficiary under this Contract. 9.9 Survival of Terms. The following sections will survive the termination of this Contract: 2.7, 3.2, 6.1, 8.4, 9.7, 9.8, and 9.9. 9.10 Assignments. The Consultant may not assign or transfer any term, obligation, right, or other aspect of this Contract without the prior express written consent of the City. If any aspect of this Contract is assigned or transferred, then the Consultant will remain responsible to the City for the proper performance of the Consultant's obligations under this Contract. The terms and conditions of any agreement by the Consultant to assign or transfer this Contract must include terms requiring the assignee or transferee to fully comply with this Contract unless otherwise authorized in writing by the City. 9.11 Amendments. This Contract may be amended only in writing executed by the City and the Consultant. 9.12 Governing Law. The validity, construction, and performance of this Contract and all disputes between the parties arising out of or related to this Contract will be governed by the laws of the State of Illinois without regard to choice or conflict of law rules orregulations. 9.13 Compliance with Laws Grant Regulations. All Services must be provided, performed, and completed in accordance with all applicable governmental permits, licenses, or other approvals and authorizations, and with applicable statutes, ordinances, rules, and regulations. The Consultant also must comply with applicable conditions of any federal, state, or local grant received by the City with respect to this Contract. The Consultant will be solely responsible for any fines or penalties that may be imposed or incurred by a governmental agency with jurisdiction over the Services as a result of the Consultant's improper performance of, or failure to properly perform, any Services. 9.14 Representation of No Conflicts. The Consultant represents that, to the best of its knowledge, (1) no City employee or agent is financially interested, directly or indirectly, in the business of the Consultant or this Contract, (2) as of the Effective Date neither the Consultant nor any person employed by the Consultant has any interest that would conflict in any manner or degree with the performance of the obligations under this Contract, and (3) neither the Consultant nor any -11- City of McHenry Professional Services Contract person employed by or associated with the Consultant may at any time during the Term obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Contract. 9.15 No Collusion. The Consultant represents that the Consultant is not barred from contracting with a unit of state or local government as a result of (1) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless the Consultant is properly contesting its liability for the tax or the amount of the tax or (2) a violation of either Section 33E-3 or Section 33E-4 or Article 33E of the Criminal Code of 1961, 720 ILCS 5/22E-1 et seq. The Consultant represents that the only persons, firms, or corporations interested in this Agreement as principals are those disclosed to the City prior to the execution of this Contract and that this Contract is made without collusion with any other person, firm, or corporation. WHEREFORE, the City and the Consultant have caused this Contract to be executed by their duly authorized representatives as of the Effective Date. CITY OF MCHENRY By: Name: Title: Date: Christopher B. Burke Engineering, Ltd. By: Name: Michael E. Kerr Title: President Date: 1/19/2021 -12- City of McHenry Professional Services Contract ATTACHMENT A SERVICES CHANGE ORDERNO. In accordance with Section 4.1 of the Contract dated , 20 between the City and the Consultant, the Parties agree to the following Services Change Order: 1. Change in Services: 2. Change in Project Schedule (attach schedule ifappropriate): 3. Change in Completion Date: All Services must be completed onor before: 20 4• Change in Compensation: ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT REMAIN UNCHANGED. CITY [City's project representative] CONSULTANT Signature Name (Printed or Typed) ,20 Date Date , 20 If compensation change greater than $3 500 then City Administrator signature required. City Administrator , 20 Date If compensation change greater than $10 000 then City Council approval and Mayor signature required. Mayor 20 Date -I- we", s w.n 1/19/21 Fee Proposal Christopher B. Burke Engineering, LTD UNDERSTANDING OF ASSIGNMENT / SCOPE OF SERVICES Christopher B. Burke Engineering, LTD (CBBEL) understands that the City of McHenry requests the creation of a comprehensive planning and implementation Master Plan Document. This document will create Complete Streets oriented streetscape plan and indicate a prioritized implementation of each identified area. It will include accessible, attractive and welcoming public spaces that serve as public gathering spaces and complement the diversity of surrounding land uses and incorporate various amenities and building materials complementing the architecturally and historically significant buildings. CBBEL will create a concise Master Framing Plan document that will build upon the 2003 Downtown Plan (Trkla, Pettigrew, Allen & Payne, Inc) give the City a template of improvement that unites the City to a common vision, can be used to secure State/Federal construction funding and business development, and serve as a solid blueprint for Phase II Engineering. General Project Limits with Anticipated Design Intensity Treatments January 19,2021 Page 1 of 3 TASKS Task 1. Data Gathering CBBEL will make two site visits, receive City documents/reports/imagery, receive Key -Stakeholder documents/reports/imagery, and review online databases (HAARGIS, IDOTADT, Google Streetview, etc.). Task 2. City Staff Coordination CBBEL will host/attend 6 virtual meetings with City Staff. (Kick-off. Dry -run for Draft Master Plan Meeting. Dry -run for Final Master Plan Meeting, and three Progress meetings. CBBEL will provide pdf copies of exhibits, as well as agenda/meeting summaries. Task 3. Public Coordination CBBEL (with Metro Strategies) will host 2 public virtual meetings to gather public comments. A kick-off Key -Stakeholder meeting, and an Open Public Meeting (presenting/discussing the Draft Master Plan in general and each street specifically). CHILE will hos 2 public virtual meeting to present the final results; a Final Master Plan Meeting, and one City Board meeting (presenting/discussing final plan). The CBBEL Team will prepare agenda, PowerPoint presentation, meeting registration/survey (Zoom), and meeting summary/results. It is anticipated that the City Board meeting results will include accepting the Master Framework Plan and provide direction on next steps for the community and subsequent design contracts. Task 4. Concept Plan CBBEL will create a draft concept plan for City/Key-Stakeholder review. Concept will be shown overlaid on aerial. Potential elements may include mini -parks, festival streets, skinny streets, and one-way streets, all with a strong relation to each other and the river. We will then update the concept based on review and include it in Draft Master Framework Plan. After the Open Public Meeting CBBEL will finalize the design based on meeting outcome. This final concept plan will be included in the final Master Plan for final public comment. CBBEL will provide pdf copies of exhibits. The concept plan will include improvements for the following streets (termini), as shown in the attached exhibit. • Main Street (Metra RR to Green St) • Green Street (John St to Pearl St) • Riverside Drive (River to Broad St) • IL 120 - Elm St (River to River) and IL 31— Richmond Rd (IL 120 to Pearl St) • Waukegan Rd (Green St to east end) • Pearl St (IL 31 to River) January 19,2021 Page 2 of 3 Task 5. Draft Master Plan The Master Plan document will generally contain the following sections. • Overall Plan/Phasing diagram (with scheduled City infrastructure improvements). • Executive summary. • Two distinct proposed hierarchical materials pallets for three general price points. Family of elements to include light poles, lighting, bike racks, benches, trash cans, pavers, planter/railings, tree grates. Two distinct small identifiers (standalone-signage or attached to light poles) will be created. • Per -street rendering, typical sections, concept plan, and ADA accessibility improvement opportunities. • Per street summary of existing public /private infrastructure and anticipated next repair. • Per street estimate of cost. • Funding opportunity matrix including submittal milestones, processing requirements, and participation percentages. • Anticipated Operations and Maintenance requirements/costs of selected materials pallets. • Summary of public involvement and results of input. • Summary of collected data, including previous Master Plan and existing Photo imagery. CBBEL will provide pdf copies of Master Plan. Task 6. Final Master Plan CBBEL will finalize the draft Master Plan based on comments and meetings. We will also create a two- sided 11"x17" size "folio" executive summary for City's use. CBBEL will provide pdf copies of Master Plan, as well as MicroStation/Excel files. Task 7. Additional Effort. Creating a Master Plan is a creative and collaborative process that will evolve as we work toward the Final Master Plan document. In order to accommodate the developing plan, CBBEL, at the City's direction, will provide additional effort not included in other Tasks. We'll use appropriate Staff to address these additional elements up to a fee of $7,000. ANTICIPATED PROJECT SCHEDULE CBBEL anticipates the following general schedule. Feb 2021 Project Kick-off. March 2021 Review of collected data and draft concept outline with City and select Stakeholders. April -May 2021 Public Meetings, Concept Plan, Master Plan. June 2021 Finalize Master Plan/Concept. July 2021 Board Meeting. January 19,2021 Page 3 of 3 ORGANIZATIONAL CHART DOWNTOWN STREETSCAPE MASTER PLAN HEART OF THE FOX RIVER : 8 PHASE I ENGINEERS *7 ...................................................................... TRAFFIC ENGINEERS . 15 ENVIRONMENTAL PROFESSIONALS a 37 PHASE II ENGINEERS **11 MECHANICAL/LIGHTING ENGINEERS 5 MUNICIPAL ENGINEERS C 40 PHASE III ENGINEERS 12 SURVEY DEPARTMENT *3 PTOE **2 LEED C 5 STRUCTURAL DEPARTMENT 10 DRAINAGE ENGINEERS D : m ' .....................................................................: Nr 0 CBBEL Employee 0 Subconsultant FEE ESTIMATE City Of McHenry Downtown Master Framing Plan January 19, 2021 Personnel and Hours Task Engineer VI Engineer V Engineer III Landscape Landscape p Service b y Service by Architect Designer Others Others Rate $251.00 $208.00 $152.00 $170.00 $94.00 DC Metro Strate ies Total Hours % of Task 1. Data Gathering 3 Hours Total Cost Task 2. Cit Staff Coordination 12 8 15 18 $1,000.00 56 6.6% $9,707.00 12 24 12 24 $1,000.00 72 8.50o $13,300.00 Task 3. Public Coordination 4 12 Task 4. Concept Plan 8 42 $170 $21,500.00 66 7.7% $30,478.00 4 24 44 150 60 $100 282 33.1% $43,924.00 Task 5. Draft Master Plan 5 22 32 28 94 $100 $1,000.00 181 21.2% $25,391.00 Task 6. Final Master Plan 4 16 24 20 80 $200 $1,000.00 144 16.9% $20,100.00 Task 7. Additional Effort 2 4 5 14 26 $82 51 6.0% $7,000.00 Subtotal 34 114 113 247 344 852 100.0% of Hours 4.0% 13.4% 13.3% 29.0% 40.4% ° 100.0 /° 100.0% Total Cost $8,534.00 $23,712.00 $17,176.00 $41,990.00 $32,336.00 $652.00 $25,500.00 $149,900.00 $149,900.00 NAPROPOSALS\ADMIN\2020\McHenry City of Downtown Streetscape Master Plan P200471\FeeProposal_2020-12-15\Fee Estimate.xlsx CHRISTOPHER B. BURKE ENGINEERING, LTD. STANDARD CHARGES FOR PROFESSIONAL SERVICES APRIL,2020 Personnel Principal Engineer VI Engineer V Engineer IV Engineer III Engineer 1/II Survey V Survey IV Survey III Survey II Survey I Engineering Technician V Engineering Technician IV Engineering Technician III Engineering Technician 1/11 CAD Manager Assistant CAD Manager CAD II GIS Specialist III GIS Specialist 1/II Landscape Architect Landscape Designer 1/II Environmental Resource Specialist V Environmental Resource Specialist IV Environmental Resource Specialist III Environmental Resource Specialist 1/II Environmental Resource Technician Administrative Engineering Intern Information Technician III Information Technician 1/II Direct Costs Outside Copies, Blueprints, Messenger, Delivery Services, Mileage *Charges include overhead and profit Charges* /Hr 275 251 208 170 152 121 229 196 172 126 100 198 161 146 68 177 153 135 148 94 170 94 216 170 139 94 114 104 63 130 116 Cost + 12% Christopher B. Burke Engineering, Ltd. reserves the right to increase these rates and costs by 5% after December 31, 2020. Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.cityofmchenry.org REGULAR AGENDA SUPPLEMENT DATE: February 1, 2021 TO: Mayor and City Council FROM: Troy Strange, P.E., Director of Public Works RE: 2021 Supplemental Road Resurfacing Program ATT: Project Location Map Preliminary Engineer's Estimate of Costs AGENDA ITEM SUMMARY: Staff requests City Council to authorize staff to publicly bid a 2021 Supplemental Road Resurfacing Program which will be funded by operating budget personnel reductions that have been transferred to contractual costs within the Street Division Operating Budget. BACKGROUND: As a result of the past two fiscal years of staff attrition and operating budget reforms, the Public Works Department is prepared to run a supplemental road resurfacing program out of the Fiscal Year 2021/2022 Street Division Operating Budget. The budget number for this project will be approximately $500,000 out of the contractual services portion of the operating budget. At the October 19, 2020 City Council Meeting, staff was given authorization to proceed with the 2021 Road Resurfacing program. However, City Council discussed the possibility of including the resurfacing of local streets in downtown areas specifically in the area of Veteran's Memorial Park. Council requested that staff provide an estimate of resurfacing costs for streets in these areas which was provided to City Council shortly thereafter. As a result of this request for information and desire to consider these locations, staff is proposing a resurfacing project for the streets surrounding and adjacent to Veteran's Memorial Park. Staff prepared project location maps and an estimate of cost which were presented to the Public Works Committee for consideration at the January 11, 2021 Public Works Committee Meeting. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. Because full sidewalk replacement around the perimeter of Veteran's Memorial Park is included in the scope of this project, the possibility of a contribution to the project from Parks Developer Donations was discussed by the members of the Committee. Public Works staff has conferred with Parks and Recreation staff and a $50,000 contribution to the project in the form of Parks Developer Donations is being recommended. ANALYSIS: Upon consideration, the Public Works Committee accepted staff's recommendation and authorized staff to present the 2021 Supplemental Road Resurfacing Program to the full City Council for a request for authorization to publicly bid the project. The current Engineer's Opinion of Probable Cost including contingencies is $376,057, and therefore, the funding breakdown for the project will be as follows: $326,057 Street Division FY21/22 Budget (General Fund Account 100-33-5110) $50,000 Parks Developer Donations Fund Funding for the project will be subject approval of the FY21/22 Budget in April. RECOMMENDATION: Therefore, if the City Council concurs, it is recommended to authorize staff to publicly bid the 2021 Supplemental Road Resurfacing Program as presented. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. ENGINEER'S OPINION OF PROBABLE COST (EOPC) 2021 ROAD PROGRAM - VETS PARK 11/24/2020 SCHEDULE I - VET PARK AND SURROUNDING ROADS (CONSTRUCTION ONLY) No. Item Quantity Unit Unit Price Extension 1 Bituminous Surface Removal - 3.75" 6128 Sy $ 3.10 $ 18,996.80 2 Hot Mix Asphalt Surface Course - 1.5" 515 TON $ 64.00 $ 32,960.00 3 Hot Mix Asphalt Binder Course - 2.5" 858 TON $ 61.00 $ 52,338.00 4 Hot Mix Asphalt Leveling Binder (Machine Method) - Variable 500 TON $ 61.00 $ 30,500.00 5 Prep of Base (Special) 6128 Sy $ 1.00 $ 6,128.00 6 Class D Patch - 4" 300 Sy $ 40.00 $ 12,000.00 7 Conc. Curb and Gutter Removal 1232 LF $ 15.50 $ 19,096.00 8 Conc. Curb - 6" Barrier 849 LF $ 30.00 $ 25,470.00 9 Conc. Curb and Gutter - B6.12 383 LF $ 30.00 $ 11,490.00 10 PCC Sidewalk Removal 5714 SF $ 4.50 $ 25,713.00 11 PCC Sidewalk - 5" 5714 SF $ 8.00 $ 45,712.00 12 Pavement Markings - 4" White 2100 LF $ 4.00 $ 8,400.00 13 Pavement Markings - 12" White 480 LF $ 8.00 $ 3,840.00 14 Pavement Markings - 24" White 120 LF $ 12.00 $ 1,440.00 15 Topsoil Respread, Seed, Blanket 410 Sy $ 24.00 $ 9,840.00 16 Inlet - 2' Dia 4 EA $ 2,500.00 $ 10,000.00 17 Storm Sewer - 10" 40 LF $ 100.00 $ 4,000.00 18 Storm Connection Wye (Special) 4 EA $ 1,000.00 $ 4,000.00 19 Trench Backfill (CA-6) 58 TON $ 15.00 $ 870.00 20 Traffic Control 1 LUMP SUM $ 5,000.00 $ 5,000.00 21 Mobilization 1 LUMP SUM $ 5,000.00 $ 5,000.00 SUBTOTAL SCHEDULE I - VET PARK AND SURRONDING ROADS (CONSTRUCTION ONLY) $ 332,793.80 Pavement Cores and Material Testing 3% $ 9,983.81 SUBTOTAL SCHEDULE I - VET PARK AND SURROUNDING ROADS (ENGINEERING ONLY) $ 9,983.81 SUBTOTAL SCHEDULE 1- VET PARK AND SURROUNDING ROADS (CONTINGENCY) 10% $ 33,279.38 TOTAL COST SCHEDULE I - VET PARK AND SURROUNDING ROADS $ 376,056.99 Notes: 1) Project costs are in current year dollars. Contingency or cost escallation should be added to reflect projected construction year. 2) EOPC based on engineer's experience and research of other similar projects. Due to circumstances beyond our control such and the bidding environment, labor rates, material costs and McHenry Bill Hobson, Director of Parks and Recreation McHenry Recreation Center 3636 Municipal Drive McHenry, Illinois 60050 Phone: (815) 363-2160 Fax: (815) 363-3119 www.ci.mchenry.il.us/park—recreation REGULAR AGENDA SUPPLEMENT DATE: February 1, 2021 TO: Mayor and City Council FROM: Bill Hobson, Director of Parks and Recreation RE: McHenry ShamRocks the Fox St. Patrick's Day Festival AGENDA ITEM SUMMARY: Staff is seeking Council approval to authorize the Director of Parks and Recreation, with the advice and consent of the Mayor and the Chief of Police and in accordance with the Restore Illinois Plan, to enact some or all of the elements of the Shamrocks the Fox Event based on the current status of the Covid-19 Pandemic and in guidance with the Restore Illinois Plan and to approve a budget amendment in the Tourism Fund not to exceed $10,000. Staff is present to answer any questions Council may have BACKGROUND: There are a number of elements to the weekend of St. Patrick's Day in McHenry. These elements have been built and compiled into one event weekend over the course of the last five years. The weekend begins with the Kiwanis Club's Shamrock Shuffle 5K. The race is organized in the East Campus Parking Lot. The race route begins on Waukegan Road and requires the brief closure of Waukegan Road and Green Street as the race steps off and proceeds west of Waukegan Road and south on Green Street before turning into a safer, on -street running situation on John Street, ending in the East Campus Parking Lot. The race begins at Sam and is typically completed in its entirety by 9:30am. The next element both, historically and in order of events, is the parade. Initially organized by the Rotary Club and then the Downtown Business Association, the parade began as a salute to local volunteerism. While this element is still at the heart of the parade, the entrant list has been greatly expanded over the last three years. The City has also assumed the coordination of the parade the last three years. The parade lineup occurs on Kane Avenue and a portion of Center Street. Kane Avenue would be closed to through traffic however Center Street would remain open. The parade proceeds from Kane turning north on Green Street, east on Pearl Street, north on Riverside Drive and west on Broad Street dispersing at Veteran's Memorial Park. The city is once again proposing to partner with Blarney Island to dye the Fox River green between Weber Park and the Route 120 Bridge. The only other river dyeing event occurs in the City of Chicago. This opportunity lends itself to creating a festival atmosphere throughout the Green Street and Riverside Drive areas. Historically, Miller Point has become "Event Central" and would typically include a large tent with heaters, bar, sound, stage and lighting. Live music would be in the tent on Saturday from 2pm — 11pm and on Sunday from 12 — 6pm. Alcohol service of beer, wine and malt beverages would be available on Saturday from 2pm to 10:45pm and on Sunday from 12pm to 5:45pm. A key element of the event is the open carry of alcohol in the areas delineated by the Riverwalk to the south, Pearl Street to the north, Green Street between Waukegan Road and Pearl Street, and River Road between Pearl/Lincoln and Route 120 to the west. Proposed hours for open carry are 12:00 PM to 6:00 PM on Saturday and Sunday. This would allow the flow of event patrons throughout downtown, encouraging businesses to have specials similar to the annual Taste of McHenry currently sponsored by the Downtown Business Association three times each year. ANALYSIS: While our community, state and nation all navigated the Covid-19 pandemic, this event was one of the first cancellations last year. Decisions on this year's event and potential variations have been difficult conversations, particularly as the city is unsure of just where we will land within the State -issued phases and mitigations by mid -March. With this in mind, staff would like to propose different scenarios for the holding of the event that essentially cater to the mitigation levels and allow for planning and inclusion of any number of elements of the event. Public safety will remain the priority. As such, staff is seeking Council's concurrence with these and the authority to include, or exclude, elements based on mitigations. All safety precautions and guidelines established for this event will adhere to the current State Tier Level or Phase Level of the Restore Illinois Plan that the City would be in at the time of the event. Also due to the difficulty in continually cleaning the elements, children's activities such as the bounce houses and face painting would not be included in any variation this year. Although the City would be the lead organizer for the event, the development of partnerships that has already begun and taking advantage of each partner's strengths, will lead to a successful event. The proposed scenarios and event schedule include (7) seven total elements that can either be enacted or passed over based on our current COVID-19 status. These proposed elements are as follows: "McHenry ShamRocks the Fox"— Proposed Event Framework (Levels) Saturday March 13th: 1. Shamrock Shuffle 5K Run — 7:00 to 9:OOam 2. Fox River Dyeing — 10:OOam 3. Viewing at Weber Park, Pearl Street Bridge and Miller Point 4. Open Carry throughout downtown from 11am to 6pm to encourage flow to other venues downtown 5. Parade—12:00pm 6. Live Music (Outside) —11am to 6pm Alcohol Sales —11am to 5:45pm 6. (Alternate). Live Music (Inside) —11am —11pm Alcohol Sales —11am—10:45pm Sunday March 14tn 7. Live Music (Outside)—12:00pm to 6pm Alcohol Sales—12:00pm to 5:45pm 7. (Alternate). Live Music (Inside)—12:00pm to 6pm Alcohol Sales—12:00pm to 5:45pm Continued Open Carry throughout downtown from 12:00pm to 6:00pm to encourage flow to other venues downtown In summary, this is an event that, before last year's cancellation, had done a great deal for the viability of many of our downtown businesses and in the notoriety of the City of McHenry. The current mitigation level at the time of the event will have virtually everything to do with what will be allowed and how the event is managed, however we believe that it provides an excellent opportunity to restart the downtown business district economy, post COVID. In order to best plan, coordinate and execute this event staff must be flexible based on the mitigation established through the Restore Illinois Plan. There are a number of items that Council would typically take action on regarding this event: 1. Sk Run Street Closure: of Waukegan Road from East Campus Entrance to Green Street and the closure of Green Street from Waukegan to John Street from 8am — 8:30am to accommodate the staggered start of the Kiwanis Club 5K. 2. River Dyeing Street Closure: of Pearl Street from Riverside Drive to River Road from 10 am to 1pm to allow pedestrians to view the river dyeing. 3. Consumption of Alcohol in Public Way: Open carry of alcoholic beverages in plastic cups throughout Green Street and Riverside Drive Areas on 3/13 from 11pm — 6pm and on 3/14 from 12pm — 6pm. 4. Special Civic Event Alcohol Endorsement: to allow the outside sale of alcohol on the property adjacent to alcohol licensed businesses in the downtown business district. 5. Parade Street Closure: Closures of Kane Avenue from Center to Green, Green Street from Kane Avenue to Pearl Street, Pearl Street from Green Street to Riverside Drive, and on Riverside Drive from Pearl Street to Broad Street and Broad Street to Court Street in conjunction with the St. Patrick's Day Parade from 11:45 am to approximately 1pm; and depending on discussion. 6. Miller Point Tent Permit: Temporary use permit to allow an event tent at 1202 Riverside Drive (Miller Point) with live music. 7. Special Event Liquor License: to permit the sale of beer, wine and malt beverages at Miller Point on Saturday 3/14 and Sunday 3/15. RECOMMENDATION: If Council concurs, it is recommended that a motion be considered to (1) authorize the Director of Parks and Recreation, with the advice and consent of the Mayor and the Chief of Police and in accordance with the Restore Illinois Plan, to enact any or all of the above elements of the Shamrocks the Fox Event including applicable street closures, Special Civic Event Alcohol Endorsements, Special Event Liquor License, Open Carry of Alcohol in Public Way and Temporary Use Permit for an Event Tent; and, (2) approve a budget amendment in the Tourism Fund in an amount not to exceed $10,000. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org DISCUSSION AGENDA SUPPLEMENT TO: Mayor and City Council FOR: February 1, 2021 Regular City Council Meeting FROM: Cody Sheriff, City Planner RE: Authentix McHenry Multifamily Development — Conceptual Presentation & Fee Discussion ATT: 1. Public Works Director Memo Dated 1.20.21 2. HRGreen Water & Sewer Review Memo Dated 1.22.21 2. Staff Engineer Memo Dated 1.15.21 3. Petitioner's Conceptual Submittal AGENDA ITEM SUMMARY: The petitioner, Continental Properties (Contract Purchaser), is requesting preliminary feedback from City Council for a conceptual apartment development prior to submitting a formal application. The proposed development consists of 12 buildings, with 24 units in each building for a combined total of 288 dwelling units. The development also includes a private recreation center, outdoor swimming pool, outdoor multi -use recreational path, and dog park. The petitioner is also requesting approval of reduced capital impact fees. OVERVIEW: Staff has outlined several aspects of the development proposal below to help guide the discussion. 1. Planning, Zoning, and Land Use The subject property consists of 20.50 acres, more or less, and is located directly east of the intersection of N. Richmond Road and Blake Boulevard. The site is actively being farmed with a unique land feature of having an approximate 15-20 foot change in grade from Blake Boulevard. The Future Land Use Map Recommends a combination of commercial (west portion of site) and single-family residential on the east portion. Although the request is inconsistent with the Future Land Use Map recommendation for low -density residential, it is a generally accepted planning practice to locate high density residential next to commercial corridors to spur economic growth. The City of Crystal Lake has recently approved a similar apartment development by the petitioner in 2020. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org The City of McHenry has an aging apartment stock and the developer's proposal is the first the City has seen in a number of years (70s and 80s). City Council may wish to take this into consideration during their discussion. The petitioner is proposing to zone the site Integrated Design District (IDD). The purpose of the IDD is to encourage innovative design by providing relief from rigid zoning and subdivision standards. Similar to what is commonly known as a Planned Unit Development (PUD), the IDD creates its own zoning district regulations unique to the development. City Council may wish to guide their discussion on how the proposed use will fit in harmoniously with the surrounding area. 2. Private Drive Connecting Blake Boulevard and Almond Lane The petitioner is proposing a private connection from Almond Lane to Blake Boulevard. There are pros and cons associated with the connection that have been outlined by the Public Works Director in the attached memo dated 1-20-21. Because there are no ordinance requirements for the connection, staff is requesting a City Council discussion on the desired level of service (public v private roadway). A public connection would require the petitioner to redesign the site to remove any on -street parking. 3. Sewer and Water Impact Fee Reduction. The petitioner is requesting a reduction in capital impact fees for the proposed development based on the history of their actual usage. Staff contracted HRGreen to perform a water & sewer impact analysis based on the number of units of the proposed development and utilizing the city's water & sewer model. HRGreen concluded the proposed development would have minimal impact on the city's water sewer capacity —see attached memo dated 1-22-21. The Staff Engineer has reviewed the request and has provided the following comments to help guide the sewer and water impact fee discussion: 1. Staff has reviewed the applicant's request for a reduced water & sewer Capital Impact Fee. The applicant is requesting the reduction based on their historical water use data. Based on the water use data supplied by the applicant, their calculation of the reduction in water & sewer Capital Impact Fees is accurate. 2. The development is projected to use 23,424 gallons per day based on their data. This equates to a reduced sewer & water fee of $676,628 for the development. For their similar sized development in Crystal Lake, the applicant was charged $412,079 for water & sewer impact fees. 3. The above assumptions and representations by the applicant concerning water use and Crystal Lake fees will be verified by staff prior to City approval. 4. City Council should evaluate the information before granting the applicant's request. Department of Community Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.cityofmchenry.org 5. Refer to Staff Engineer memo dated 1-15-21 for additional information. The petitioner is requesting preliminary feedback from City Council prior to submitting a formal application to proceed. City of McHenry Department of Public Works Troy Strange, P.E., Director of Public Works 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 tstrange@cityofmchenry.org MEMORANDUM DATE: January 20, 2021 TO: Cody Sheriff, City Planner FROM: Troy Strange, P.E., Director of Public Works RE: Blake Farms Development, Public Right of Way Considerations The conceptual plan for the Blake Farms Development which is being presented to City Council at the February 1 meeting includes a private access drive which connects Blake Boulevard on the west end of the Development to Almond Lane on the east end. This drive currently includes on -street perpendicular parking on both sides of the private drive which is not allowed on residential local roads or collector roads. The drive also does not meet horizontal geometry requirements in terms of radii. Because of these considerations, the layout before City Council is not recommended to be accepted as a public right of way. Staff have had internal discussions regarding the value to the City of a potential public right of way which connects Blake Boulevard and Almond Lane and have analyzed this concept relative to the City Code and City planning documents. Upon review of the 2005 City Comprehensive Transportation Study the connection of these two alignments is not identified as a priority. Therefore based upon the City's current planning documents on file, the connection of the two alignments with a public right of way is not mandated and the proposed configuration can be considered. Ideally, connectivity of City right of ways between similar alignments that approach each other from opposite directions is to be achieved. For connectivity purposes, it is logical to connect the alignment of Blake Boulevard to the alignment of Almond Lane. In this case however, the two alignments serve very different purposes; Blake Boulevard functions as a commercial collector and Almond Lane is a local residential street. The connection would be more logical if Almond Lane served as the primary collector for the Oaks of McHenry. This, however, is not the case. Depending upon the desire of the residents of the Oaks of McHenry subdivision for connectivity with a neighboring development and with Route 31, connectivity may still be desirable. The 2008 City of McHenry Comprehensive Plan (Page 49) does identify connectivity between differing land uses to provide multiple transportation options for residents and The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. employees as a specific objective. In this case, a public right of way would provide connectivity to commercial areas for residents of both the Oaks of McHenry and the proposed Blake Farms Development. In terms of the ability of the Public Works Department's ability to maintain public infrastructure, a connection between these alignments would make only a minor difference with regard to routing purposes for snow plowing. The site will be served with City sewer and water utilities and staff are recommending that the proposed water and sewer mains be accepted as public infrastructure with access easements dedicated for maintenance purposes. A publicly dedicated right of way is not necessary for the City utilities to be considered public nor for easements to be dedicated. Therefore, the operations of the Public Works Department are a minor consideration for the decision as to whether a public right of way which bisects the site is warranted. The Public Works Department would not object to the developments utilization of a private access drive for any operational concerns. In summary, completion of this connection as a public right of way has some value to the City in terms of connectivity, but is not currently part of the City's strategic plan and the proposed configuration would not be contrary to the City's current planning priorities. Council's decision to require a public right of way would need to be based upon how much the City values the connectivity between these two alignments. Construction of a the proposed configuration is not an operational concern of the Public Works Department. Therefore, the proposed private street connection between Blake Boulevard and Almond is reasonable for consideration by City Council. When considering such connection, the needs of the adjacent property owners located in the Oaks of McHenry as well as the site access needs of first responders (Police and Fire) will also need to be accounted for. HRGreen MEMO To: Ross Polerecky — City of McHenry From: Chad Pieper — HR Green Cc: Greg Gruen — City of McHenry Subject: Blake Farms Residential Development Sewer Model Project No. 201335 Date: January 22, 2021 The City of McHenry has requested HR Green to analyze the impact of the possible Blake Farms Residential Development on the existing sewer system. The flows will be based on the supplied parameters of 288 units. The following table shows the estimated flows. Dwelling Type Number of Dwellings PE per Dwelling PE Studio 32 1.0 32 1-Bedroom 112 1.5 168 2-Bedroom 112 3.0 336 3-Bedroom 32 3.0 96 Clubhouse 1 7.0 7 Total 639 Based on the table above, the development will generate 63,900 gallons per day (average). A 3.86 peak factor will produce a design peak flow of 246,654 gallons per day. Four scenarios were run to show the effect of the addition of the above flows from the proposed development. The scenarios include existing system at 100-year storm, 100-year storm with added peak flow at manhole on Route 31, existing system dry weather, and dry weather with added peak flow at manhole on Route 31. A map of the sanitary system that was modeled is included below. The results from this study show that the downstream sanitary sewer system does have capacity to accommodate the proposed development. Scenario 1: Existing System at 100-Year Storm Event The scenario was computed, and the pipe run from the proposed discharge location of the development along Route 31 to the North Riverside Pump Station was analyzed. The model calculates a 48-hour time span. A 24-hour diurnal pattern is assigned to show demand peaks within the system. Exhibit 1 is an information table that shows the physical characteristics of Page 1 each pipe along with the flow data, pipe capacity, and percentage of pipe capacity used. The stretch of pipe after Court St. shows high percentage of capacity being used including one pipe above 100%. There are two reasons that attribute to this. The slope of these pipes is very small almost zero on some based on the survey that was complete before this model was originally completed. The second reason is a modeling issue. All of the catchment storm flow is added up and placed as a point load on one manhole, which is right before this stretch of pipe. This is how the model functioned when the model was completed in 2008. In reality the catchment would be over a larger area and would enter the system gradually and not all at one point. Overall, the system handles 100-year storm flow. Scenario 2: 100-Year Storm Event with Proposed Development This scenario included adding the peak flow from the development of 246,654 gpd (171.3 gpm) to the manhole on Route 31 at the end of Blake Rd. The scenario completed the same model calculations. Exhibit 2 is an information table that shows the physical characteristics of each pipe along with the flow data, pipe capacity, and percentage of pipe capacity used. With the proposed development included, the percent capacity used increased between 5-10% in most of the system. The same issue appears with the stretch of pipe after Court St. The added demand from the development can be handled by the existing sewer system. Scenario 3: Existing System Dry Weather Scenario 1 and 2 showed the worst -case scenario with the 100-year storm and the added development. These scenarios show that the current system could handle the proposed development. Scenario 3 and 4 will show the effect of the development on an average dry weather day. The same model calculations were computed. Exhibit 3 shows the physical characteristics of each pipe along with the flow data, pipe capacity, and percentage of pipe capacity used. Each pipe is well below the pipe capacity. Scenario 4: Dry Weather with Proposed Development The 171.3 gpm was added at Blake Rd and Route 31 intersection to show the effect of the development. Exhibit 4 shows the physical characteristics of each pipe along with the flow data, pipe capacity, and percentage of pipe capacity used. The added demand increased the percent capacity used; however, most of the pipes remained below 35% capacity. Scenario 5: Connect Development to 8" Main Across Blake Drive The existing model did not include the 8" sewer main that runs through the shopping center across Blake Drive from the proposed development. Assuming a minimum slope of 0.40 per 100 ft of pipe for an 8" pipe, the maximum flow through the 8" pipe would be about 343 gpm based on the Manning's pipe flow calculation with a roughness coefficient of 0.013 (that was used in the existing model). The proposed development's peak demand is 171.3 gpm. That calculates to 49.9% of the total capacity. The existing sewer main only serves the shopping center across from Blake Drive. These commercial buildings will have very minimal demand added to the system. Therefore, connecting the development to the 8" pipe across Blake Drive is a viable option. Page 2 Page 3 EXHIBIT ] Invert (Start) (ft) Invert (Stop) (ft) Length (Scaled) (ft) Slope (Calculated) (ft/ft) Diameter (in) Manning's n Flow (Middle) (gpm) Velocity (ft/s) Depth (Middle) (in) Capacity (Full Flow) 769.94 768.51 200.6 0.007 12 0.013 5.61 0.66 0.24 768.51 767.31 168.2 0.007 15 0.013 4.33 0.62 0.16 767.13 767.06 166.6 0 15 0.013 5.01 0.6 0.09 767.03 764.74 269.3 0.009 15 0.013 5.69 0.66 0.24 764.64 761.19 399.4 0.009 15 0.013 6.38 0.61 0.1 761.09 753.3 423.5 0.018 15 0.013 7.06 0.62 0.1 753 752.91 75.6 0.001 15 0.013 9.11 0.65 0.11 752.86 752.55 57 0.005 15 0.013 9.79 0.66 0.12 752.45 752.01 398.9 0.001 18 0.013 17.99 0.76 0.14 751.99 751.73 283.1 0.001 18 0.013 18.67 0.77 0.14 748.13 747.02 204 0.005 18 0.013 50.1 1.14 0.19 746.87 745.32 310.1 0.005 18 0.013 50.78 1.15 0.19 738.64 738.4 199.1 0.001 18 0.013 56.25 1.21 0.2 738.35 738.14 209.9 0.001 18 0.013 56.93 1.22 0.2 738.14 738 134.5 0.001 18 0.013 68.54 1.26 0 737.9 737.99 108.7 -0.001 18 0.013 69.22 1.83 1.35 737.89 737.09 227.4 0.004 18 0.013 69.22 1.27 0 736.99 736.95 164.8 0 18 0.013 69.34 1.29 0.04 736.85 736.66 141.4 0.001 18 0.013 69.46 1.76 1.18 736.56 736.47 74.3 0.001 18 0.013 69.58 1.42 0.36 736.37 735.82 303.1 0.002 18 0.0131 69.7 1.28 0 735.77 735.37 400.7 0.001 21 0.013 70.29 1.28 0 735.32 735.02 377.7 0.001 21 0.013 70.41 1.28 0 734.92 734.57 397 0.001 21 0.013 70.53 1.29 0 734.47 734.21 387 0.001 21 0.013 70.64 1.29 0 734.21 733.87 242.2 0.001 21 0.013 77.01 1.36 0 733.87 732.73 235.6 0.005 21 0.013 77.13 1.36 0 732.73 732.15 119.9 0.005 21 0.013 77.25 1.36 0 732.22 732.13 86.4 0.001 24 0.013 84.021 1.441 0 732.05 732.32 46.8 -0.0061 24 0.013 83.901 1.131 2.42 EXHIBIT 2 Invert (Start) (ft) Invert (Stop) (ft) Length (Scaled) (ft) Slope (Calculated) (ft/ft) Diameter (in) Manning's n Flow (Middle) (gpm) Velocity (ft/s) Depth (Middle) (in) Capacity (Full 769.94 768.51 200.6 0.007 12 0.013 67.32 1.39 2.34 768.51 767.31 168.2 0.007 15 0.013 67.32 1.61 1.94 767.13 767.06 166.6 0 15 0.013 5.01 0.6 0.09 767.03 764.74 269.3 0.009 15 0.013 5.69 0.66 0.24 764.64 761.19 399.4 0.009 15 0.013 6.38 0.61 0.1 761.09 753.3 423.5 0.018 15 0.013 7.06 0.62 0.1 753 752.91 75.6 0.001 15 0.013 9.11 0.65 0.11 752.86 752.55 57 0.005 15 0.013 9.79 0.66 0.12 752.45 752.01 398.9 0.001 18 0.013 17.99 0.76 0.14 751.99 751.73 283.1 0.001 18 0.013 18.67 0.77 0.14 748.13 747.02 204 0.005 18 0.013 50.1 1.14 0.19 746.87 745.32 310.1 0.005 18 0.013 50.78 1.15 0.19 738.64 738.4 199.1 0.001 18 0.013 56.25 1.21 0.2 738.35 738.14 209.9 0.001 18 0.013 56.93 1.22 0.2 738.14 738 134.5 0.001 18 0.013 68.54 1.26 0 737.9 737.99 108.7 -0.001 18 0.013 69.22 1.83 1.35 737.89 737.09 227.4 0.004 18 0.013 69.22 1.27 0 736.99 736.95 164.8 0 18 0.013 69.34 1.29 0.04 736.85 736.66 141.4 0.001 18 0.013 69.46 1.76 1.18 736.56 736.47 74.3 0.001 18 0.013 69.58 1.42 0.36 736.37 735.82 303.1 0.002 18 0.013 69.7 1.28 0 735.77 735.37 400.7 0.001 21 0.013 70.29 1.28 0 735.32 735.02 377.7 0.001 21 0.013 70.41 1.28 0 734.92 734.57 397 0.001 21 0.013 70.53 1.29 0 734.47 734.21 387 0.001 21 0.013 70.64 1.29 0 734.21 733.87 242.2 0.001 21 0.013 77.01 1.36 0 733.87 732.73 235.6 0.005 21 0.013 77.13 1.36 0 732.73 732.15 119.9 0.005 21 0.013 77.25 1.36 0 732.22 732.13 86.41 0.001 24 0.013 84.02 1.44 0 732.05 732.32 46.8 -0.0061 24 0.013 83.90 1.13 2.42 EXHIBIT 3 Invert (Start) (ft) Invert (Stop) (ft) Length (Scaled) (ft) Slope (Calculated) (ft/ft) Diameter (in) Manning's n Flow (Middle) (gpm) Velocity (ft/s) Depth (Middle) (in) Capacity (Full 769.94 768.51 200.6 0.007 12 0.013 5.61 0.66 0.24 768.51 767.31 168.2 0.007 15 0.013 4.33 0.62 0.16 767.13 767.06 166.6 0 15 0.013 5.01 0.6 0.09 767.03 764.74 269.3 0.009 15 0.013 5.69 0.66 0.24 764.64 761.19 399.4 0.009 15 0.013 6.38 0.61 0.1 761.09 753.3 423.5 0.018 15 0.013 7.06 0.62 0.1 753 752.91 75.6 0.001 15 0.013 9.11 0.65 0.11 752.86 752.55 57 0.005 15 0.013 9.79 0.66 0.12 752.45 752.01 398.9 0.001 18 0.013 17.99 0.76 0.14 751.99 751.73 283.1 0.001 18 0.013 18.67 0.77 0.14 748.13 747.02 204 0.005 18 0.013 50.1 1.14 0.19 746.87 745.32 310.1 0.005 18 0.013 50.78 1.15 0.19 738.64 738.4 199.1 0.001 18 0.013 56.25 1.21 0.2 738.35 738.14 209.9 0.001 18 0.013 56.93 1.22 0.2 738.14 738 134.5 0.001 18 0.013 68.54 1.26 0 737.9 737.99 108.7 -0.001 18 0.013 69.22 1.83 1.35 737.89 737.09 227.4 0.004 18 0.013 69.22 1.27 0 736.99 736.95 164.8 0 18 0.013 69.34 1.29 0.04 736.85 736.66 141.4 0.001 18 0.013 69.46 1.76 1.18 736.56 736.47 74.3 0.001 18 0.013 69.58 1.42 0.36 736.37 735.82 303.1 0.002 18 0.013 69.7 1.28 0 735.77 735.37 400.7 0.001 21 0.013 70.29 1.28 0 735.32 735.02 377.7 0.001 21 0.013 70.41 1.28 0 734.92 734.57 397 0.001 21 0.013 70.53 1.29 0 734.47 734.21 387 0.001 21 0.013 70.64 1.29 0 734.21 733.87 242.2 0.001 21 0.013 77.01 1.36 0 733.87 732.73 235.6 0.005 21 0.013 77.13 1.36 0 732.73 732.15 119.9 0.005 21 0.013 77.25 1.36 0 732.22 732.131 86.41 0.001 24 0.013 84.02 1.44 0 732.051 732.321 46.8 -0.006 241 0.0131 83.901 1.131 2.42 FYI-IIPIT d Invert (Start) (ft) Invert (Stop) (ft) Length (Scaled) (ft) Slope (Calculated) (ft/ft) Diameter (in) Manning's n Flow (Middle) (gpm) Velocity (ft/s) Depth (Middle) (in) Capacity (Full 769.94 768.51 200.6 0.007 12 0.013 67.32 1.39 2.34 768.51 767.31 168.2 0.007 15 0.013 67.32 1.61 1.94 767.13 767.06 166.6 0 15 0.013 5.01 0.6 0.09 767.03 764.74 269.3 0.009 15 0.013 5.69 0.66 0.24 764.64 761.19 399.4 0.009 15 0.013 6.38 0.61 0.1 761.09 753.3 423.5 0.018 15 0.013 7.06 0.62 0.1 753 752.91 75.6 0.001 15 0.013 9.11 0.65 0.11 752.86 752.55 57 0.005 15 0.013 9.79 0.66 0.12 752.45 752.01 398.9 0.001 18 0.013 17.99 0.76 0.14 751.99 751.73 283.1 0.001 18 0.013 18.67 0.77 0.14 748.13 747.02 204 0.005 18 0.013 50.1 1.14 0.19 746.87 745.32 310.1 0.005 18 0.013 50.78 1.15 0.19 738.64 738.4 199.1 0.001 18 0.013 56.25 1.21 0.2 738.35 738.14 209.9 0.001 18 0.013 56.93 1.22 0.2 738.14 738 134.5 0.001 18 0.013 68.54 1.26 0 737.9 737.99 108.7 -0.001 18 0.013 69.22 1.83 1.35 737.89 737.09 227.4 0.004 18 0.013 69.22 1.27 0 736.99 736.95 164.8 0 18 0.013 69.34 1.29 0.04 736.85 736.66 141.4 0.001 18 0.013 69.46 1.76 1.18 736.56 736.47 74.3 0.001 18 0.013 69.58 1.42 0.36 736.37 735.82 303.1 0.002 18 0.013 69.7 1.28 0 735.77 735.37 400.7 0.001 21 0.013 70.29 1.28 0 735.32 735.02 377.7 0.001 21 0.013 70.41 1.28 0 734.92 734.57 397 0.001 21 0.013 70.53 1.29 0 734.47 734.21 387 0.001 21 0.013 70.64 1.29 0 734.21 733.87 242.2 0.001 21 0.013 77.01 1.36 0 733.87 732.73 235.6 0.005 21 0.013 77.13 1.36 0 732.73 732.15 119.9 0.0051 21 0.013 77.25 1.36 0 732.22 732.13 86.41 0.001 24 0.013 84.02 1.44 0 732.05 732.32 46.8 -0.0061 24 0.013 83.901 1.131 2.42 Department of Public Works Gregory Gruen, P.E., Staff Engineer 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2185 Fax: (815) 363-2214 ggruen@cityofmchenry.org MEMORANDUM DATE: 1-15-21 TO: Cody Sheriff, Planner Ross Polerecky, Community Development Troy Strange, Public Works Director FROM: Greg Gruen, P.E., Staff Engineer RE: Sewer and Water Impact Fees Concept Review I have reviewed the proposed Sewer and Water Impact Fee Calculation concerning the proposed development and offer the following comments: 1. The water use should be based on the highest, most successful, Continental development, not the average. In this case, the Weber Road project appears to be the highest average water use. 2. 1 recommend simplifying the calculation per the attached spreadsheet. 3. As presented by the developer, the development is anticipated to use 23,424 gallons per day not including the clubhouse. 4. Prior to Final Site Plan Approval, I would request water billing from the municipality for the Weber Road property to verify the annual water use for the development. This is NOT an endorsement or recommendation for approval for the reduced fee structure. This is a review of the calculations as proposed with by the developer. It will be up the developer to state the case for the water and sewer impact fee reduction at City Council. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in a customer -oriented, efficient and fiscally responsible manner. CONTINENTAL PROPERTIES BLAKE DRIVE APARTMENTS 1/15/2020 SEWER & WATER COMBINED IMPACT FEE CURRENT IMPACT FEE PROPOSED IMPACT FEES Unit Type Persons per Unit Assumed Daily Water Use Fee Projected Daily Water Use Fee Studio 1.294 116 $ 3,363.00 56 $ 1,623.52 1-Bedroom 1.758 158 $ 4,564.00 64 $ 1,848.71 2-Bedroom 1.914 172 $ 4,969.00 94 $ 2,715.62 3-Bedroom 1 3.053 275 $ 7,928.00 123 $ 3,545.98 Notes: (1) Assumed Daily Water Use based on Capital Development Fee Study by B&W dated April 2020 of 90 gallons per person per day. (2) Projected Daily Water Use base on Weber Road Property water use. (3) Clubhouse or common areas to pay Impact Fee based on water meter size. (4) Proposed Fee based on the ratio of Projected Daily Water Use/Assumed Daily Water Use. TOTAL WATER AND SEWER IMPACT FEE REVENUE CURRENT IMPACT FEE PROPOSED IMPACT FEES Unit Type Number of Units Fee per Unit Total Fee Fee per Unit Total Fee Studio 32 $3,363.00 $ 107,616.00 $1,623.52 $ 51,952.64 1-Bedroom 112 $4,564.00 $ 511,168.00 $1,848.71 $ 207,055.52 2-Bedroom 112 $4,969.00 $ 556,528.00 $2,715.62 $ 304,149.44 3-Bedroom 32 $7,928.00 $ 253,696.00 $3,545.98 1 $ 113,471.36 Total $ 1,429,008.00 $ 676,628.96 Notes: (5) Proposed Sewer/Water Impact Fees of $676,628.96 to be PRE -PAID prior to development. (6) At these water use rates, the development will use 23,424 gallons per day on average. WEBEIL R Daily Usage by BR count EFF 1BR 2BR 3BR 0441 64,02181 94.147841 123.0544 1 2. WATER SYSTEM Page 14 1 2. WATER SYSTEM 2.1 Existing Conditions The City of McHenry operates its water distribution system as a single pressure zone that is comprised of four water treatment plants, four elevated storage tanks, and approximately 129 miles of water main. The City of McHenry is divided by the Fox River, with only a single main crossing the river located just north of Pearl Street and North River Road. A majority of the infrastructure exists on the west side of the river, with only Elevated Tank 3 and a backup well (Well 11) active on the east side. The 2017 population for the City of McHenry was 27,022, however the entire City is not served with City water. The following subdivisions are served by private wells: Burning Tree, Deerwood Estates, Glacier Ridge, Martin Woods, McHenry Shores, Woodcreek and Wooded Ridge. The total population served by City water is 23,335. A summary of the existing water demand is provided in Table 3. TABLE 3 Existing Water Demands 2014 2015 2016 2017 2018 Average Daily Demand (mgd) Average Usage per PE 11 2.30 100 2.16 94 2.14 93 2.15 92 2.06 88 2.2 Near Future Development Conditions The increase in water demand was projected for the Near Future Developments with the Population Projections from Section 1. The total population projection is 4,582 P.E for Near Future Developments, but is reduced to 4,207 PE since the Legend Lakes development will only be connecting to the sanitary sewer system. The future water demand is estimated by assuming a water usage factor of 90 gpd per P.E. which is the average usage based on 2017 and 2018 data. Table 4 below shows the additional average day and max day demand for the Near Future Development. A peaking factor of 1.8 is used to estimate the max day demand, which is based on City data. City of McHenry, Illinois 2019 Capital Development Fee Study • 190382.30 BAXTER&ZOODMAB Project Information A multifamily residential development in McHenry, IL Authenfix McHenry C NTINENTAL PROPERTIES Contents: Introduction Concept Plan Narrative: a. Intent b. Recognizable Benefit c. Development Concept and Character d. Base Zoning District / Future Land Use e. Proposed Bulk Regulations f. School impact Variances Requested and Items for Additional Consideration Draft Development Management Plan Proof of Ownership Additional Enclosures: Conceptual Elevations, Floorplans, and Imagery Resident Spending Analysis McHenry Market Analysis Continental Portfolio Demographics Authentix Signage Details McHenry/Crystal Lake Fee Comparison Conceptual IDD I Authentix McHenry I January 4, 2021 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 Introduction CONTINENTAL'S DEVELOPMENT EXPERIENCE Continental Properties' portfolio currently includes over 60 Communities across 19 states. Continental owns and operates all of our multifamily communities to ensure the on -site Property Management is first-class. To date, Continental Properties has developed more than 26,000 homes, including 6 communities in Illinois alone. There are two additional projects underway in Illinois, including the recent groundbreaking of a 280-home community in neighboring Crystal Lake, and another, which is in the process of obtaining required approvals, in Westchester. MULTIFAMILY Continental's multi -family development emphasizes the use of suburban modern multifamily communities on the best sites, in the strongest sub -markets within markets with excellent supply and demand characteristics which are further discussed in the enclosure, "McHenry Market Analysis". Continental's portfolio of projects reflects that in its various communities throughout the US, with an exceptionally strong presence along the Route 31 Corridor in Illinois. In June 2019, Multifamily Executive ranked Continental Properties among the Top 10 Division III (10,000-19,999 units) management companies. Multifamily Development Experience •r •S ,✓ 4 1 r a t t j t • • M t •• • I ••__\\ii\\TT•YY % Oewlopod & Owwod Under Construction In Development Conceptual IDD I Authentix McHenry I January 4, 2021 LEGEND _ ---PROPERTY LINE sm• PROPOSED ELEVATION —. DRAINAGE ARROW i AUTO CONNECTION • PED CONNECTION 'CONTOURS S"OrWN AT 10 INCREMENTS PER McHENRY COUNTY GIS DATA .f) o q R w NORM EXISTING COMMERCIAL ZONINGHIGHWAY COMMERCIAL PROPOSED OFF -SITE • SIGNAGE OPTIONS EXISTING COMMERCIAL ZONING HIGHWAY COMMERCIAL LOT 1 �, ZONING. ESTATE DISTRICT AUTHENTIX MCHENRY -1- 20.50 ACRES ; = o1'41, I r I ail', 5i 1 GROUNDS BUILpNG - WITTIFHACOvEREO PARKING STALL. CAR CARE OVERHANG. ' AND PARCEL PENDING SYSTEM Ins �I PROPOSED MONUMENT SIGN • '� PROPOSED FULL ACCESS PROPOSED lea s MONUMENT SIGNrc+aNar•F-`. PUBLK; SIDEWALK - u.•T-o:T..0 - CONNECTIONS �•..•.. • �•weu ALMOND LN. PROPOSED VEHICULAR ACCE �•^-•^,-•, SINGLE FAMILY RESIDENTIAL ZONING MEDIUM DENSITY SF 7950 %579 I, 11"Iffill I I i LLO?z _ TSTer Ali f.r_I.. • �. LR_ —s`'---1� ' • POTENTIAL PUBLIC m I '. _.,i_—�.-•-•_-�• R --�\ �.. REC TRAIL CONNECTION xea!4•.-i��� lae_!i�l�L� STUB FOR FUTURE FUTURE ns: 7: ♦ NI o CONNECT" I CONNECTION TRASH ENCLOSURE 1 ^� I tEKTENSION OF MAIL KIOSK STUB BY OTHERS) COMMUNITY GREEN LOT 2 I� '41 ' PROPOSED FLEXIBLE RESIDENTIAL i EXISTING COMMERCIAL I •1- 11 25ACRES ZONING HIGHWAY l I _ _ COMMERCIAL !R� ` 14i; >RwF� -- - - - - -- — za -- - -- — - - - - - -------——--- - — - - -- - - yft x 627 1CBr:N i+= t5a SINGLE FAMILY RESIDENTIAL �r ZONING MEDIUM DENSITY SF ir....,�❑...-.....:::.. _..�,.'� - NORTH OAK PARK . Authentix McHenry - Conceptual IDD Clubhouse and Pool Deck Renderings (See Also Enclosure "Concpetual Elevations, Floorplans, and Imagery) January 4, 2021 cgNTNENTAL Bulding Type "A" Rendering (See Also Enclosure "Concpetual Elevations, Floorplans, and Imagery) cgNTINENTAL Pr_OPG-: iC'. Authentix McHenry - Conceptual IDD January 4, 2021 '. qU Alit h.C/-011-- Bulding Type "B" Rendering (See Also Enclosure "Concpetual Elevations, Floorplans, and Imagery) CgNTINENTAL Authentix McHenry - Conceptual IDD January 4, 2021 YqU ARe ll— IRE C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile:262.502.5522 Narrative INTRODUCTION Continental 601 Fund LLC is excited to present to the City of McHenry a concept for an Integrated Design District (IDD) for a +/- 31.75-acre tract generally located east of the intersection of Blake Boulevard and Route 31, with its primary entrance being situated at the eastern terminus of Blake Boulevard. The proposed will be two lots, the first, a 288-home multifamily development on 20.50 acres located at the North East end of Blake Boulevard. The second a +/-11.25-acre future phase which shall be reserved for a mixture of commercial and residential development as is guided by the Future Land Use Plan. A. INTENT The proposed land uses will be a welcomed addition to the area. The size and location of the community will serve as an excellent transition between adjacent land uses of single-family, commercial, and open space. An IDD is the preferred method of entitlement in order to provide a multi -phase community, offering within the first phase, a unique and attainable housing type that is not currently provided in the vicinity, which would not be feasible under a base zoning designation for several reasons described herein. The first phase, Continental's proposed community Authentix McHenry, features the inclusion of multiple principal buildings on a single parcel in order to maintain adequate area for the varying amenities proposed for the use of its residents. These amenities include a multipurpose community clubhouse which is not only intended for the enjoyment of residents but also acts as a commercial leasing office for Continental's onsite property management team. The clubhouse and character of onsite amenities is detailed further in X. Development Concept and Character." In addition — the proposal contemplates increased building setbacks adjacent to the neighboring Single Family uses which would not be attainable under a typical base zoning designation. The second phase is intended to be a flexible parcel, planned to accommodate a mix of residential and compatible commercial. It is expected that the impact of the first phase will bring an economic stimulus to the community that will result in an expanded need for residential, commercial/retail, or a combination of both. Consequently, it is Continental and the property owner's goal to maintain a certain level of flexibility on this parcel to react to these potentially variable market conditions. Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 B. RECOGNIZABLE BENEFIT ROUTE 31 CORRIDOR BENEFITS Authentix McHenry will benefit the community and vicinity by offering a residential product segment that is much needed in the area and a housing addition, in this specific location, will support the following: City population growth projections, existing businesses, and future commercial development within the City of McHenry. The first phase will house 288 new households and support a population of 520-550 people with significantly more disposable income than their single-family counterparts. Continental estimates the total annual expenditures per household is roughly $60,000-$70,000 and will thereby contribute roughly $18 million each year to the local economy'. Should the second phase consist of a similar housing type, and is developed at a consistent density as the first (14.1 du/acre gross, 18.6 du/acre net) it is expected that an additional 80-150 homes could be supported, depending on the scope of commercial/retail space to be developed on the West end of the site. This housing growth would result in an additional $4.5-9.9 million economic stimulus to the local economy yearly. Conversely, commercial development on the West end of the second phase, would act as an outlet to ensure the City is capturing said economic stimulus to the greatest extent possible. Either outcome will bring more residents, and visitors to the Route 31 corridor commercial district, and help to maintain and further stimulate an already vibrant community. LOCAL COMMITMENT, INVESTMENT & JOB CREATION Apartment communities represent a significant financial investment in the local economy with short- and long-term economic benefits. Continental will have a long-term commitment and investment to both their Authentix McHenry community and the City of McHenry. The total project cost and investment is estimated at well over $40 million for the multi -family development alone. The addition of 288 homes within the proposed community will help to bolster local sales tax revenue due to its specific proximity to City of McHenry businesses. As noted above, Authentix Residents are projected to provide a significant boost in sales to the local area. Conservatively, this could translate to an increase in local sales tax revenue of $70,000-90,000 per year for the first phase'. The construction of 288 apartment homes would support 438 full-time construction employees for the span of construction (approximately 27 months) and produce a considerable amount in associated wages. Over the long term, Authentix McHenry's impact could support over 180 local jobs by way of its resident and operational spendingz. ' Resident Spending Analysis z Weareapartments.org/calculator Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 In addition to the economic considerations, the development as proposed would result in a qualitative improvement for the surrounding neighborhoods. The addition of the proposed onsite amenities and walking trails (as shown and described in the Concept Plan and "C. Development Concept and Character") coupled with the subject site's proximity to McHenry's existing commercial and retail base, creates an opportunity to provide and connect residents with convenient, highly valuable amenities. Whether commuting to work, picking up dinner for the family or taking a walk in the park with man's best friend, convenient and quality living is readily available to all McHenry residents. 1. McHenry Metra Station — 6 minute drive, 10 minute bike ride, 30 minute walk 2. Route 31 Commercial — 2 minute drive, 2 minute bike ride, 5 minute walk 3. Downtown McHenry-4 minute drive, 8 minute bike ride, 27 minute walk 4. Pace Bus Route 806 — 5 minute walk C. DEVELOPMENT CONCEPT AND CHARACTER Authentix McHenry, includes 288 homes within 12 residential buildings. The design of the community inherently incorporates a number of the design techniques described in ord. 11-11- 3. The timeless Architectural style matches both the character and scale of the surrounding single-family homes. No building exceeds two stories, and all principal and clubhouse buildings include horizontal and vertical articulation by way of varying fagade faces at each unit and varying roof geometries along the building's massing. The proposed buildings offer a unique layout in the Multifamily sector, providing direct access to each 1't floor home, and secured stairwells for second level homes. Each unit is provided with a covered entry, Type qty adding additional articulation and a sense of human scale to the community. Studio 32 Each home, ranging from Efficiency to 3-Bedrooms (see adjacent table for i-Bedroom 112 detailed quantities) offers a high percentage of glazing to promote an 2-Bedroom 112 3-Bedroom 32 4: Example of Proposed Residential Architecture Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 abundance of natural lighting, which creates opportunities to optimize passive solar heating and cooling systems. Coupled with high -quality roofing materials, and vertically orientated siding, the glazing and articulation help the community blend seamlessly into its surrounding context. All ancillary structures, including the community clubhouse, are designed with the same quality and design language as described above. In order to enhance the sense of place that this community will provide; several amenities are included within the site. Among the facilities is a Community Clubhouse which includes a community gathering room, 24-hour fitness center, kitchen, coffee bar, and resort style pool. The gathering room and coffee/kitchen area are serviced by complementary wireless internet service to accommodate residents in search of work from home opportunities. During warm months, the garage -style door in the fitness center can be opened to the pool deck for an open- air workout experience. The pool deck includes ample patio furniture with a lounge space, grilling area, and shaded seating. To the east of the pool deck a community green space and picnic area is provided, which rounds -out this portion of the site as the community hub and social catalyst. The clubhouse is also home to Continental's premiere in-house community management team. Our management team offers resident- focused service that meets and exceeds resident expectations. The community also features picnic areas, a car care center, pet spa, and a pet playground. Beyond the varying resident amenities, high quality finishes (both interior and exterior), open space, landscaping, and a courtyard approach to community layout, connectivity is provided throughout the site to promote further neighbor interaction. The community will be accessible via connections at both Blake Boulevard and Almond Lane, Connections to the future phase will be provided, as shown on the Concept Plan. Signage will be provided at Blake Boulevard, to create a clear sense of entry, and transition from retail uses to a residential neighborhood. All the residential buildings and amenities disbursed throughout the community are accessible via a vehicular and pedestrian transportation network, designed specifically to provide ease of access and safety to residents. Residents are provided with a mixture of both detached garages and ample surface parking to best fit their desires. In addition, the proposal includes a perimeter walking trail system within enhanced building setbacks/buffers to connect Almond Lane to the retail centers along Route 31 and Blake Boulevard and proposed pond feature. The subject property is currently vacant, with portions being used as farmland. The proposed community, future phase, and park along with their supporting improvements will provide value to the overall community by way of increased City revenue, increased sense of community, and assisting the City in providing the homes required to support their population growth goals. The 288 new homes, and approximately 520-551 residents who will live there immediately upon completion of the first phase, will account for additional water and sewer bills, additional sales tax revenue, and additional retail and commercial income for surrounding uses (as Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 demonstrated in the enclosed resident spending analysis). Continental and the property owner will work together with the developer/owner of the future phase to ensure the same values and quality are maintained throughout the development, and promote a cohesive access plan and potential commercial uses that are complementary to the surrounding residential context, without limiting the potential developability of the parcel. 3: Example of Authentix Community in Holland, Michigan D. BASE ZONING DISTRICT/ FUTURE LAND USE Authentix McHenry is proposed to be situated upon approximately 20.S0 acres of a 31.75 acre parcel which shall be subdivided to include three lots as described below: Lot 1: +/- 20.50 acres located Northeast of the terminus of Blake Blvd. - Authentix McHenry Lot 2: +/- 11.25 acres located on the southwest of Blake Blvd. - Future Commercial/Residential The Future Land Use Plan dated February 6, 2019 contemplates the areas described as "Lots 1 and 2" as residential, with the South West portion being Commercial. The proposal aligns with the intent of the Future Land Use Plan Plan. The Base zoning of C-5 Highway commercial would not allow multifamily residential as a permitted use, or conditionally approved use. The density of the multifamily development would be allowed within the RM-2 zoning district, however the quality and character of the development as proposed and described in "C. Development Concept and Character" is only attainable through the clustering and sharing of open space, parking, and setback and lot width requirements across the entire community, in lieu of an individually platted approach which is required for all zoning designations aside from the IDD. Conceptual IDD I Authentix McHetuy I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 E. PROPOSED BULK REGULATIONS Continental is proposing the following site bulk regulations for the first phase: 1. Building Setbacks: 35' Minimum a. Enhancements have been made at East and West Property Lines: i. East Property Line: 140' Primary/54' Accessory (Detached Garage) ii. West Property Line (adjacent to existing commercial): 87' 2. Parking Setbacks: 15' Minimurn a. Enhancements have been made at East and West Property Lines: i. East Property Line: 60' ii. West Property Line (adjacent to existing commercial): 71' 3. Drive Aisle Setbacks: 10' Minimum 4. Max Building Height: 2-stories or 35' 5. Building Separations: a. Front to Front: 60' Minimum b. Side to Side: 30' Minimum c. Front to Side: 30' Minimum L Current Plan shows no less than 60' Separation d. Side to Rear: 30' Minimum i. Condition does not apply to current layout e. Rear to Rear: 30' Minimum f. Principal to Accessory: 30' Minimum 6. Impervious coverage: 60% Maximum (net acreage —not to include stormwater facility) 7. Floor Area Ratio: 0.40 Maximum 8. Density: a. (26.9) residents per gross acre, or 14.1 du/gross acre b. (35.5) residents per net acre, or 18.6 du/net acre F. SCHOOL IMPACT ANALYSIS The proposed first phase (Authentix McHenry) will be located within the boundaries of McHenry CCSD 15. According to the PE table utilized for determining the required land/cash donation for school impacts, Authentix McHenry, will yield the following school aged population increase: Elementary Jr. Highschool Highschool Total _ (5-10 yrs) (11-13 yrs) (14-18 yrs) Population 18 9 9 36 Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile:262.502.5522 Description of Variances Requested and Items for Additional Consideration INTRODUCTION The proposal as described in "Narrative - C. Development Concept and Character" requires the approval of four variances, and one additional item for consideration as described herein: A. VARIANCE REQUEST— PARKING REQUIREMENTS I The City of McHenry Ord. 11-12-4 outlines the requirements for off-street parking of a Residential Use. The table below demonstrates the application for the proposed community. The ordinance further describes that these rates shall include 0.25 spaces per unit to be accounted toward guest parking. This Home Type Parking/Home QTY Homes Qty Parking Spaces Efficiency 1.5 32 48 1BR 2.0 112 224 2BR 2.33 112 261 3BR 2.33 32 75 Total 288 608 yields 72 guest parking spaces and 536 home parking spaces. Continental proposes to provide a minimum of 518 residential parking spaces based on portfolio experience and supporting data from both the US Census and the Federal Highway Administration. This shall not include 14-17 parking spaces provided at the Community Clubhouse for guest and perspective resident parking (total of 532-537 spaces). This proposal will result in a reduction of at least 24,300 square feet (0.56 acres) of asphalt and impervious area, that can be utilized for open and recreation space for residents. The Population Equivalency recognized by the city of McHenry projects a population of 551 residents for the community. The Federal Highway Administration states, in 2016, 65% of the State of Illinois' residents were licensed drivers'. When adjusting for the increased proportion of adults projected to live in this community (78% statewide per US Census data vs. 90% at Authentix McHenry) we can estimate that 75% of the community's population will be a licensed driver— equivalent to 414 licensed residents. Providing a parking space for each resident and increasing the guest parking to 0.25 spaces per resident in lieu of per home would yield a total parking requirement of 518 spaces or 1.8 parking spaces per home. This falls in line with Continental's experience and actual parking metrics across its entire Midwest portfolio (1.77 spaces per unit average across 18 communities). In addition, the Institute of Transportation Engineers (ITE) identification of average per period parking demand of 1.23 vehicles per dwelling unit with the range of peak parking demand being between 0.59-1.94 vehicles per dwelling unit for Suburban low-rise multifamily'. 3 US Department of Transportation, Federal Highway Association — Public Data for Highway Statistics 4 Institute of Transportation Engineers Manual — 8t' Edition Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 6. VARIANCE REQUEST — SIGNAGE City of McHenry Ord. 10-20-13 Identifies that Residential uses are entitled to one sign per entry. The operation of an Authentix community is highly reliant on the ability of potential residents and the community to identify and locate the community and its leasing office. Due to the nature and location of the subject site in comparison to major thoroughfares, Continental is proposing the following: 1. The entitled (1) Sign Per Entry in the form of a monument sign (as shown in the enclosed signage details). 2. Additional (1) Wall Sign at the Clubhouse for identification of the sales/leasing office for potential residents and visitors (as shown in the enclosed signage details). 3. A smaller additional offsite identification sign to be used for wayfinding and community identification from Route 31— design TBD to integrate with context of final location. C. VARIANCE REQUEST— MINIMUM FLOOR SPACE REQUIREMENTS City of McHenry Ord. 10-1-10: requires all newly permitted Efficiency and 1BR apartment homes to be above 550 and 650 SF accordingly. This ordinance is dated 1987, which predates the implementation of open concept style floorplans, which started to gain popularity in the 1990's. The prominent design at that time featured separated kitchen, dining, and living areas which required a comparatively higher spatial requirement to provide quality living spaces. Attached for your review are floorplans and 3D views, of the proposed floorplans for Authentix McHenry. You will see they feature, a more efficient, modern, open -concept design that offers residents the flexibility to furnish and utilize spaces as they desire, as well as the ability to allow fresh air and light to enter the space without obstruction. Below is a table outlining Continental's Proposal for minimum area requirements: Unit Type Current Proposed Minimum Minimum Efficiency 550 SF 485 SF 1BR 650 SF 595 SF 4: Example of proposed 1BR Floorplan Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 D. VARIANCE REQUEST— WATER AND SEWER CAPITAL DEVELOPMENT FEE City of McHenry Ord. 9-6-1; 2, requires developers to pay their equal share of the water and sewer improvements required to service their development. Continental is proposing to reduce the required fees based on its operating portfolio's actual usage data, and comparative data for adjacent municipalities in Illinois which would be more appropriate for the context and demand of the development. See table and description below for further detail: Unit Projected Assumed Daily Weber Road Daily % Reduction in Type Population Usages Usage Daily Usage Studio 1.294 116.46 55.60 52.3% 1BR 1.758 158.22 64.02 59.5% 2BR 1.914 172.26 94.15 45.3% 3BR 3.053 274.77 123.05 55.2% Unit Type ---- Current Combined I Proposed Combined 1 % Reduction in Fee Water and Sewer Fee Sewer and Water Fee j Per Unit 1 Per Unit 1 Studio $3,363.00 1 $1,605.55 1 52.3% 1BR $4,564.00 1 $1,846.14 159.5% 2BR $4,969.00 1 $2,715.84 1 45.3% 3BR $7,928.00 1 $3,550.39 1 55 2% L------------ I It is Continental's understanding that the current fee structure is largely influenced by the Capital Development Study completed by Baxter & Woodman in 2020. The study considers several developments that are proposed to occur in the next 20-40 years. There are assumptions made in this study including an average water usage of 90 gpd per Population Person. Which was used in calculating the above projected usage rates and relative fee proposal. Continental has an extensive operating portfolio, in which we utilize submeters at each home and use that data to "pass through" water bills fairly to each resident. We've analyzed such data for the time period of December 2019-November 2020 for five communities in Illinois'. The data shows that in Continental's Illinois portfolio historic water demand ranges from 50-107 gpd/unit based on home type (see table at right). Continental has Home Type Avg. GPD/unit worked with City Staff to analyze this data and is utilizing the Efficiency 50.47 least efficient, and oldest of the five communities analyzed in 16R 58.01 the above calculations, resulting in a less accurate and more 213R 86.13 conservative projection in water usage and fee reduction. 3BR 106.86 5 Per Baxter Woodman Study (90 gpd per person) published April 2020 ' Continental's Illinois Portfolio Water Data Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 - Telephone: 262.502.5500 • Facsimile: 262.502.5522 E. ADDITIONAL CONSIDERATION — DEVELOPER PARK DONATION To satisfy the of City of McHenry's Municipal Ord. 12-8-5, Continental is required to provide a parkland donation of 8.3 acres for the first phase. The current rate of park donation requires 1.5 acres per 100 residents. Following discussions with City staff, it is Continental's understanding that an 8.3 acre donation of parkland would not be a benefit, but rather a burden on the City Parks and Recreation department. Continental is proposing onsite amenities and improvements which shall be financed, built, and maintained by the developer, worth a total valuation of $1.25MM or an equivalent of +/- 15 acres. The table and descriptions below describe and demonstrate the quality of the improvements, and the benefit they will provide to residents and the City of McHenry Parks and Recreation Department. Improvement Improvement Improvement Acreage Cost Clubhouse 0.0215 $369,206.89 Community Room Clubhouse 0.0225 $427,311.96 Fitness Center Pool + Pool 0.2500 $255,333.33 Deck Pet 0.1745 $48,980.00 Playground Perimeter 0.3853 $41,960.00 Walking Trail Community 0.2564 $0 Green Space Courtyard 0.2996 $0 Areas TOTALS 1.4099 $1,142,798.18 ($112k) Improvement Cost I Total Acreage I Acreage Equivalent I Value of 1 1 (Cost/$80k per acre) Improvement 1 4.6151 14.6366 1 1 1 1 1 1 1 5.3414 1 j 5.3639 1 1 3.1917 1 1 j 3.4417 1 0.5245 1 j 0.7868 1 1 0.6123 I 1 j 0.9098 1 1 1 1 0.00 j 0.2564 1 1 1 1 0.00 j 0.2996 1 I 1 14.2849 1 1 115.6948 Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 Continental is proposing the following improvements. All on -site amenities will be built, owned, and maintained by Authentix McHenry's on -premise management team: 1. +/- 1500 SF Community Room and Fitness Center: a. Provided within the clubhouse, the community room provides a gathering space for residents of Authentix McHenry and can accommodate up to 50 occupants depending on occasion. Outfitted with lounge, table, and bar style seating and a full - service kitchen, it provides a venue for formal or informal gatherings to offset the community's demand on public parks and pavilions. i. The community room is open for general resident use during normal office hours ii. The Community room is also reservable by residents for specific events, such as birthday parties, viewing sporting events, etc. where it acts a semi- private gathering space. b. The Fitness Center features a range of state-of-the-art fitness equipment ranging from studio -style spin bikes, to elliptical trainers and dumbbells. The Fitness Center features an operable roll up glass door that creates an open-air fitness experience in warmer months. The Fitness Center is open to Authentix Residents 24/7 and will offset the community's demand on the City of McHenry Recreation Center. 5: Example of Community Fitness Center from Community in Kenosha, WI Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 2. Resort Style Swimming Pool and Outdoor Gathering Space: a. To the rear of the clubhouse is a 1,475 SF in -ground swimming pool, operated and maintained by Authentix McHenry Staff. The Pool offers a walk-in stair feature, and wheel -chair lift so all residents can enjoy. Surrounding the pool is an 11' wide deck area, outfitted with adjustable furniture to be enjoyed by Authentix McHenry residents during the warm months. Connecting the Pool Deck to the Clubhouse is a covered patio area, fully equipped with lounge seating, and a grill station. The Pool and surrounding deck amenities are expected to reduce the community's demand on the proposed expansion of the City of McHenry Recreation Center and Merkel Aquatic Center. 141 6: Artist's Rendering of Pool Area 3. Pet Playground a. The proposed community will include a private pet playground, where residents can bring their pets for off -leash exercise. It is proposed to be outfitted with benches, and agility equipment for the enjoyment of Authentix McHenry Residents. This Amenity is expected to relieve the community's demand on McBark Dog Park - one of the areas only off -leash dog parks. Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 - Telephone: 262.502.5500 • Facsimile:262.502.5522 4. Pedestrian Trail System a. The proposed pedestrian trail system is intended to serve both the Authentix McHenry Residents and their neighbors. It is intended to connect the neighborhood at Almond Lane, to the retail centers along Blake Boulevard and Route 31, with connections provided to future stubs or as otherwise desired to act as a conduit to and through the community. The Pedestrian trail system provides the opportunity for residents to walk to or from local retail, or go for a peaceful stroll right around the corner in lieu of driving or commuting to one of McHenry's other public parks. 5. Organic Green Spaces a. Continental's Planning Strategy places value in the green spaces and nooks created between and around buildings. From our portfolio experience, we find that some of the most impactful Amenities are those created organically, after our residents move in and start to socialize. In many cases, our onsite property management team pays attention to the "hot spots", where residents tend to naturally congregate. Most often located near the clubhouse and in the courtyards created between groups of two or four buildings. Once identified they may install grill areas, fire pits, or pergolas post construction, where they determine it will benefit residents the most. This type of addition would further offset the communities demand on public parks and increase the sense of community and "home" that our residents experience. 7. Example of "Hot Spot" Amenity from Community in Newnan, GA Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 Considering all the above, Continental proposes that the above described improvements be considered in the satisfaction of Ordinance 12-8-5. The calculated equivalent value ($80k/acre) of the improvements greatly exceeds the city's current Active Park ratio (10.7 acres/1,000 residents or 5.88 acres for the proposal) as well as the required Donation ratio per ordinance 12- 8-5 (15 acres/1,000 residents or 8.27 acres for the proposal). The proposal effectively reduces/eliminates the community's impact on existing City of McHenry Parks and Recreation department managed lands and amenities, with NO addition of land, or improvement/maintenance cost to the department. Conceptual IDD I Authentix McHenry I January 4, 2020 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile:262.502.5522 Draft Development Management Plan INTRODUCTION Continental 601 Fund LLC, and the property owner are proposing an IDD designation upon +/- 31.75 acres, with the immediate development of 20.50 +/- acres that will include certain improvements both public and private as described below. The general descriptions contained herein shall be replaced with proper legal descriptions, plans, and specs as required prior to final approval. Attached you will also find drafts of the Real Estate Management Agreement and Construction Management Agreement as they pertain to the proposed Lot 1 only. A. Property Descriptions 1. Subject Site: a. PIN: 09-23-400-004; 031. b. 31.75 Acre Parcel Located East of Route 31 and the East terminus of Blake Boulevard. Also known as a portion of "McHenry Plat No. 6" 2. Proposed Subdivision a. Lot 1: Proposed Multifamily Community— Generally described as 20.50+/- acres North and East of the terminus of Blake Boulevard. b. Lot 2: Proposed Flex, Residential/Commercial - +/- 11.25 acres general located south of Blake Boulevard B. Improvements and Management A. Lot 1: The multifamily development on Lot 1 will contain a mix of public and private improvements as required for the operation of the community. a. Improvements: i. The following improvements will be funded and built by the developer of Lot 1: 1. Permanent Structures— Including all Ancillary and support Structures 2. Utilities to service development— including water, sanitary sewer, stormwater, and dry utilities infrastructure 3. Grading and Landscaping 4. Sidewalks, Drive Aisles, and Parking Areas ii. The following improvements will be owned and maintained by the owner of Lot 1. Funding shall be provided by owner of Lot 1 at time of required maintenance/repair. 1. Permanent Structures 2. Grading and Landscaping 3. Stormwater Infrastructure (unless shared with future phase) 4. Sidewalks, Drive Aisles, and Parking areas Conceptual IDD I Authentix McHenry I January 4, 2021 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Facsimile: 262.502.5522 a. Proposed public access drive and community trail system (as shown on concept plan) will be owned and maintained by owner of Lot 1. A Public Access Easement will be provided to match width of drive aisle and trail. b. Proposed community trail system maybe dedicated to City of McHenry at digression of City and Owner/Developer. 5. Dry Utilities Infrastructure — Maintenance of dry utilities and telecommunications infrastructure may be inherited by utility provider dependent on terms of final service agreement. iii. The following improvements will be held within a 10' wide non-exclusive public utility easement and maintained by the City of McHenry: 1. Water and Sanitary Sewer Mains 2. Fire Hydrants iv. The stormwater pond and an emergency overland flow route shall be planned and provided as required per jurisdictional ordinances. If facility and overland flow route require a stormwater management easement, the developer of Lot 1 will work with city and county staff to ensure proper language and delineation are provided in the Plat of Subdivision to accommodate. B. Lot 2: The commercial development on Lot 1 will contain a mix of public and private improvements as required for the operation of the future use. The specific use and layout has not been determined; therefore the responsibility of funding, constructing and managing of such improvements cannot be defined. Conceptual IDD I Authentix McHenry I January 4, 2021 REAL ESTATE MANAGEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 2021, by and between Continental 601 Fund LLC, a Delaware limited liability company, hereinafter referred to as "Owner", and Continental Properties Company, Inc., a Wisconsin corporation, hereinafter referred to as "Agent". WITNESS THAT, WHEREAS: A. Owner is the owner of certain tracts or parcels of land upon which will be constructed a multifamily apartment complex, hereinafter collectively referred to as the "Project" and more particularly described in Exhibit "A". B. The parties hereto desire to enter into an agreement whereby Owner retains Agent as Owner's sole and exclusive agent for the development of the project, and to manage, operate and supervise the maintenance of the Project all in accordance with the terms, covenants, conditions and agreements herein contained. NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual terms, covenants, conditions and agreements herein contained, the parties hereto agree as follows: 1. Employment of Agent for Development. Owner hereby retains Agent as its sole and exclusive development agent to perform all due diligence necessary to develop the Project. 2. Acceptance of Agency and Duties of Agent. Agent hereby accepts such agency and agrees to perform all services reasonably necessary in connection with the development of the Project. Agent shall perform the following duties at the expense of Owner except as otherwise set forth: (a) Negotiating and obtaining bids; and contracting for technical reports, utilities, site preparation work, and construction contracts for the Project. (b) Negotiating with the community and potential tenant(s); and executing any development documents, instruments or contracts necessary. 3. Employment of Agent for Management. Owner hereby retains Agent as its sole and exclusive managing agent to manage, operate and supervise the maintenance of the Project, all upon the conditions and for the term and compensation hereinafter set forth. 4. Term of Agency. The term of this Agreement shall be for a period of time commencing with the date hereof and terminating on the date twelve (12) months from the date hereof. The term of this Agreement shall be extended for successive automatic one (1) year extended terms unless Owner or Agent shall terminate this Agreement by a written notice given sixty (60) days prior to the end of the initial term of this Agreement or any extended one (1) year term. 5. Acceptance of Agency and Duties of Agent. Agent hereby accepts such agency and agrees to perform all services reasonably necessary in connection with the care, protection, maintenance and operation of the Project. Agent shall perform the following duties at the expense of Owner except as otherwise set forth: (a) Collect all rentals and other income from the Project, provided, however, that nothing herein contained shall constitute a guarantee by Agent of the payment of rent by tenants. (b) At the expense of Agent, maintain an adequate management staff sufficient to satisfy the needs of Owner in the management of the Project and in maintaining adequate books and records to account for and collect all rental income and make all necessary disbursements. (c) Secure services, supervise, discharge, and pay on behalf of Owner all servants or contractors necessary to be employed in the maintenance, operation and care of the Project. Agent shall execute on behalf of Owner such contracts as Owner may approve; and said contractors shall be deemed to be the contractors of Owner. Any employees secured and deemed necessary by Agent shall be Agent's employees. All building operating engineers, building maintenance men, service coordinators, building security personnel, janitorial service personnel, and other personnel whose activities are engaged in the operation, maintenance, care and protection of the Project shall be deemed to be Operating Personnel. Owner shall reimburse Agent for the cost of salaries and fringe benefits (including workers' compensation insurance) of such Operating Personnel and shall pay that portion of the salary and fringe benefits of other servants and employees of Agent who may from time to time be engaged in the maintenance, operation and care of the Project. (d) Purchase, on behalf of Owner, all equipment, tools, appliances, materials, supplies, and similar items necessary for the maintenance and operation of the Project. (e) Contract, on behalf of Owner, for materials, services and supplies necessary for the proper care, maintenance and operation of the Project, provided, however, that Agent shall not contract for any item exceeding One Thousand and No/100 Dollars ($1,000.00) without the prior written approval of Owner, except that this provision shall not apply. (1) in the case of emergency; (2) where such item is included in a budget previously approved by Owner in accordance with the provisions of Paragraph 6 hereof; or 2 (3) if such item is incurred in the ordinary course of Owner's business (e.g., insurance premiums, utility charges, or other operating expenses). (f J Enter into contracts on behalf of Owner for water, gas, electricity, sewer and other services and commodities necessary in the operation of the Project. (g) At its own expense, install and maintain for the benefit of Owner proper and suitable records and books of account in which there shall be properly recorded all receipts and disbursements connected with the management and operation of the Project, and a separate set of such records and books of account shall be maintained for the Project. All books of account shall at all times be open to the inspection and audit of any duly accredited and authorized representative of Owner and upon termination of this Agreement all such records and books of account shall be delivered to Owner by Agent. Agent agrees to maintain a bank account at a bank of its choice, unless a bank is designated in writing by Owner and said bank is acceptable to Agent, to which all monies received pursuant hereto shall be deposited and from which disbursements made pursuant hereto shall be made. (h) At Agent's expense furnish to Owner each month a detailed income statement prepared on a cash basis for the preceding month. Said statement shall be furnished to Owner by Agent on or before the twenty-fifth day of each month for the preceding month. (i) Provide for the making of all repairs, alterations, improvements, replacements, restorations and maintenance in and about the Project. 0) Apply for all municipal, state or governmental licenses, permits, inspection fees, or other governmental fees that may be required in the operation of the Project subject to receiving from Owner all funds necessary for such compliance. (k) At the expense of, but only upon the prior approval of the Owner to institute all necessary legal action or proceedings for the collection of rent or other income from the Project, or for the ousting or dispossession of tenants or other persons therefrom, and for all other matters requiring legal attention. (1) Perform such other duties as are customarily performed by agents managing similar properties in the respective location of the Project. Except as otherwise stated in Subparagraphs 5(b), 5(g), and 5(h) above, Agent shall be obligated to perform the responsibilities and obligations of Agent hereunder only to the extent funds of Owner are available therefore. Notwithstanding any other provisions herein, Agent shall be liable for its gross negligence, bad faith or breach of express provisions of this Agreement. No part of Agent's central office overhead expense or general or administrative expense incurred by Agent in the performance of its duties, shall be deemed to be an expense of Owner. Notwithstanding anything contained in this Paragraph 5 to the contrary, Agent shall have no obligation whatsoever to make payment of any real estate taxes or special RI assessments levied in respect to the Project. It is specifically understood and agreed by the parties hereto that all statements, bills or invoices for such real estate taxes and special assessments should be addressed by the taxing authority directly to Owner, and Agent shall forward to Owner for payment all such statements, bills and invoices mistakenly delivered to Agent. 6. Budget. Agent shall prepare and submit to Owner, for its consideration, forty-five days before the beginning of each new year a proposed operating and capital budget (hereinafter referred to as the "Budget"), setting forth the estimated receipts and expenditures of the Project for the period covered by the Budget. When approved by Owner, which approval will be provided no later than the beginning of each new year, Agent shall, in good faith, use its best efforts to abide by and implement the Budget and shall be authorized, without the need for further approval by Owner, to make the expenditures and incur the obligations provided for in the budget. 7. Insurance. Owner shall procure or cause to be procured, at its sole cost and expense, the following insurance: (a) Insurance against loss or damage by fire, windstorm and other extended coverage risks for such amounts and covering such risks as Owner may determine in the exercise of its reasonable discretion. Agent shall be named insured on such policy. Agent will assist in the taking of bids from carriers and gathering necessary information to secure such bids. (b) General public liability insurance against claims for bodily injury, death or property damage, occurring in, on or about the Project and the adjoining streets, sidewalks and passageways. Agent shall be named therein as an insured party in addition to Owner. Agent shall procure or cause to be procured statutory worker's compensation insurance covering servants and employees engaged in the performance of this Agreement and the care, maintenance, operation and protection of the Project. Agent shall also procure professional liability insurance if requested by Owner, in which event Owner shall reimburse Agent for the cost of the same. 8. Working Capital. Owner shall cause an account to be set up in a bank to be designated by Owner. Agent will make all deposits of rental income or other income to said account and will make all disbursements on behalf of Owner from said account. The book and records in respect to such account shall be open at all times to the inspection of Owner. Owner shall have the reasonable right to direct the location (bank) at which such account is maintained and to direct all investments of funds subject to this agency, and shall be entitled to all income resulting therefrom (including compensating balance credit). 9. Agent's Bond. Agent, upon the written request of Owner, shall furnish to Owner a bond with surety satisfactory to Owner, in a sum to be reasonably acceptable to Owner, insuring that Agent and its employees shall perform and comply with all the conditions and provisions of this Agreement and faithfully account to and pay over to Owner all sums collected by Agent or held by Agent which are due Owner. 4 10. Indemnification. Owner shall save Agent harmless from all suits for damages in connection with the development, management, care, operation and maintenance of the Project, and from all suits or claims for damages arising from liability for injuries suffered by any person while in or about the Project to the extent that coverage is available to Agent under Owner's general public liability policy. Agent shall be a named insured on Owner's general comprehensive liability insurance policies. 11. Extraordinary Services. If Agent is called upon by Owner to perform services not customarily a part of the usual services performed by a managing or leasing agent, Agent shall be entitled to receive as additional compensation therefore an amount commensurate with such services, but only if Agent notifies Owner that an additional charge will be made for such service prior to providing the same. 12. Outside Services. Should, in the discharge of its duties, the Agent require the services of any professional, including, but not limited to an attorney, accountant, surveyor or real estate appraiser, which is not separately included in the approved Budget, the Agent shall first ask the Owner for its recommendation for the provider of such services, and only with the concurrence of Owner, retain such party on an agreed fixed fee service or at a billing rate approved by the Owner. All services performed shall be outlined before any action is taken, except in an emergency, such professional services shall be provided in conformity with the Owner's policy. 13. Forms. Owner reserves the right to adopt such lease forms, or other forms, as it may deem appropriate or necessary, and shall furnish Agent with such approved lease forms and other forms, and Agent shall thereafter use such lease forms and other forms in the negotiation and execution of all leases or other matters requiring formal legal documents. 14. Books and Records. (a) On or before the twenty-fifth day of each month during the term of this Agreement, Agent shall prepare and submit, or cause to be prepared and submitted to Owner, for the Project, a statement setting forth the Net Cash Flow for the prior month and year-to-date to the end of such prior month. The books, accounts and records of Owner relating to the Project shall at all times be maintained at the principal office of Agent at W 134 N8675 Executive Parkway, Menomonee Falls, Wisconsin 53051, except as otherwise agreed upon. (b) Owner, at its option and at its sole expense, may conduct internal audits of the books, records and accounts of the Agent. Such audits may be on either a continuous or periodic basis, or both. 15. Compensation. Owner shall pay Agent the following compensation for its services: (a) A management fee at the rate set forth in Exhibit "B", attached hereto and made apart hereof, on all "Rental Income" (as that term is defined in said Exhibit "B") received by or on behalf of Owner from the Project during the term of this Agreement or any renewal thereof. Said fee shall be payable monthly on or before the fifteenth day of each month, computed on Rental Income collected during the preceding calendar month. Said fee shall be paid by Owner to Agent as and for a management fee from and after the effective date of this Agreement and shall continue thereafter until the termination of this Agreement. Agent is authorized to pay such management fee from the bank account referred to in Paragraph 8. 16. Termination. Notwithstanding other provisions of this Agreement, the agreements herein contained shall be terminated and the obligations of the parties hereto shall thereupon cease, and an accounting shall be made by Agent to Owner, upon the occurrence of any such circumstances or event: (a) Upon consummation of a bona fide sale of the Project and delivery of possession to the new owner. (b) Upon substantial destruction of the Project and failure of Owner to restore the same within a period of one (1) year thereafter. (c) Upon a taking under eminent domain, or other like proceedings, this Agreement shall terminate with respect to the portion of the Project so taken, but shall remain in full force and effect with respect to the balance of the Project; provided, however, that if the taking is of a substantial portion of the Project so as to render the same unfit for continued use as a multifamily apartment complex, as the case may be, this Agreement shall terminate as to such Project on the date when said taking occurs. (d) If Agent is adjudged a bankrupt, or if Agent shall make an assignment for the benefit of creditors or seek relief from its creditors under any insolvency act, Owner may terminate this Agreement by serving written notice, by certified or registered mail, postage prepaid, at the address of Agent hereinafter set forth. (e) Upon the mutual agreement or consent of Owner and Agent expressed in writing. (f) Upon the expiration of the term of this Agreement without extension or renewal upon notice as provided for in Paragraph 4 hereof. (g) Upon sixty (60) days prior written notice to Agent from Owner at any time after the first anniversary of the commencement of this Agreement. (h) Upon prior written notice to Agent from "lender" and or its assigns, Owner's mortgagee, that an event of default has occurred pursuant to the terms of the loan documents and that "lender" elects to terminate this Agreement. Upon termination, Agent shall reasonably cooperate with Owner in Owner's transition to another managing agent for the Project subject to such termination. 17. Arbitration. Should Owner and Agent disagree on any question as to the true construction of any provision in this Agreement, or concerning any alleged violation of any such provision, or should there be any dispute of any kind or character between the parties hereto, such question shall be submitted to a Board of Arbitration of three (3) competent and wholly disinterested persons. The party demanding such arbitration shall give the other party written notice of such demand, stating specifically such question or questions to be submitted for their decision, and nominate a person to act as its arbitrator. Within ten (10) days after receipt of such notice, the recipient shall appoint the second arbitrator and give notice of such appointment to the other parry. Within ten (10) days after the appointment of the second arbitrator, the two (2) arbitrators shall appoint a third arbitrator and the three (3) arbitrators so appointed shall have the power to set the time and place when and at which the arbitrators shall proceed, but in so doing shall give due consideration to the reasonable convenience of their parties and their witnesses. Upon such Board of Arbitration being instituted, it shall proceed with reasonable diligence to inquire into the question or questions at issue, as disclosed in such notice, and may take such evidence as it may deem necessary, or as either party may submit without requiring witnesses to be sworn, and may hear arguments of counsel or others. After the parties have been heard, it shall proceed to make its determination in writing and the same, when signed by two (2) or more of the arbitrators, shall be final, binding and conclusive upon the parties hereto. The books and records of the parties, insofar as they relate to any matter subject to arbitration, shall be open to examination of the arbitrators. In the event the arbitrators are unable to formulate a majority report within thirty (30) days after the selection of the three (3) arbitrators, either party may make application to the Senior Judge of the United States District Court for the Division and State where the Subject Property is located and such Judge shall prepare a report after taking such evidence as he deems necessary and proper, and, in such event, the report of such Judge shall be final, binding and conclusive upon the parties hereto. Owner and Agent shall each pay one-half ('/2) of the fees and expenses of the arbitrators and all fees and expenses of its own witnesses and counsel. If either party hereto shall refuse to abide by the determination made by the Board of Arbitration, the adverse party may enforce the same by appropriate proceedings in any court of law or equity. 18. Notice. Notices hereunder shall be valid if mailed by first class registered or certified mail, postage prepaid, addressed as follows: (a) If to Owner: Continental 601 Fund LLC W 134 N8675 Executive Parkway Menomonee Falls, WI 53051 (b) If to Agent: Continental Properties Company, Inc. W 134 N8675 Executive Parkway Menomonee Falls, WI 53051 7 or to such other address, with respect to the parties, as such party shall notify the other parties hereto in writing as above provided. 19. Assignment. Agent shall be prohibited from assigning its interest in this Contract without the written consent of Owner, but it may subcontract portions thereof to competent subcontractors. Agent may assign its interest to a corporation affiliated with Agent, but shall not be released from liability by reason of such assignment. Remainder of Page Intentionally Blank SEPARATE SIGNATURE PAGE TO FOLLOW IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OWNER: CONTINENTAL 601 FUND LLC, a Delaware limited liability company By: CONTINENTAL PROPERTIES COMPANY, INC., a Wisconsin corporation, its manager Daniel J. Minahan, President AGENT: CONTINENTAL PROPERTIES COMPANY, INC., a Wisconsin corporation By: Daniel J. Minahan, President To be attached EXHIBIT A TO REAL ESTATE MANAGEMENT AGREEMENT LEGAL DESCRIPTION 10 EXHIBIT B TO REAL ESTATE MANAGEMENT AGREEMENT 1. Management Fee (See Paragraph 15(a) of attached Real Estate Management Agreement): (a) The Management Fee for the Project shall be four percent (4%) of Effective Gross Income. Effective Gross Income shall be defined as gross effective rent plus all other income (including, without limitation, garage income, utility pass through fees, bad debt collections and all other income) less total rental losses (which include vacancy, model units and market concessions, if any). IT CONSTRUCTION MANAGEMENT AGREEMENT This Agreement made as of the day of , 2021 between Continental 601 Fund LLC, a Delaware limited liability company (the "Owner"), and Continental Properties Company, Inc., a Wisconsin corporation (the "Construction Manager""), and relating to work to be performed in the multifamily project located in Madison, WI as more particularly described in Exhibit "A" attached hereto and incorporated herein by reference thereto (hereinafter "Project"). The Owner and Construction Manager agree as set forth below. WITNESSETH 1. Employment of Construction Manager. Owner hereby retains Construction Manager as its sole and exclusive managing agent to manage, operate and supervise the Construction of the Project, all upon the conditions and for the term and compensation hereinafter set forth. 2. Term of Agency. The term of this Agreement shall be for a period of time commencing with the date first set forth above and terminating on the completion of all construction on the Project. 3. Scope of Work. The Construction Manager covenants with the Owner to further the interest of the Owner by furnishing the Construction Manager's skill and judgment and cooperation with and in conjunction with, the services of the general contractor as set forth in the Construction Contract entered into as of the by and between Continental 601 Fund LLC and (the "General Contractor"). The Construction Manager agrees to furnish business administration and management services and to perform in an expeditious and economical manner consistent with the interest of the Owner. The Construction Manager agrees to perform the following basic services: (a) Provide administrative, management and related services as required to assure the work of the General Contractor is completed in accordance with the Owner's objectives for cost, time and quality. Construction Manager shall provide sufficient organization, personnel and management to carry out the requirements of this agreement. Construction Manager shall report to Owner if Owner's objectives for cost, time and quality are not being met. 4. Compensation. The Owner shall compensate the Construction Manager for the services provided as follows: (a) Construction Manager shall earn a construction administration fee equal to and 00/100 Dollars ($ ) (the "Construction Administration Fee"). Owner shall pay the Construction Administration Fee to the Construction Manager in progress payments as permitted by the construction lender provided that to the extent not so permitted to be paid, the Construction Administration Fee shall be paid as Cash Flow and Net Cash Proceeds are available in accordance with the provisions of that certain Amended and Restated Operating Agreement of Owner dated as of (b) Construction Manager shall be paid the amount of as reimbursement for the services of the Project Engineer in accordance with the Project Budget, with such payment being made on a percentage of completion basis. (c) Construction Manager shall be reimbursed for the reasonable travel and lodging expenses of Construction Manager's Construction Project Manager assigned to the Project, with such reimbursement due within 30 days of invoice from Construction Manager to Owner for the same. (d) For additional services of the Construction Manager compensation shall be negotiated when additional services are required. 5. Insurance. Owner shall name Construction Manager as a named insured with its liability insurance carrier and as a named insured on its builder's risk insurance. Construction Manager shall procure or cause to be procured statutory worker's compensation insurance covering servants and employees engaged in the performance of this Agreement and the care, maintenance, operation and protection of the Project. 6. Indemnification. Owner shall save Construction Manager from all suits for damages in connection with the management, care and operation of the Project, and from all suits or claims for damages arising from liability for injuries suffered by any person while in or about the Project to the extent that coverage is available to Construction Manager under Owner's general public liability policy. Construction Manager shall save Owner harmless from all suits or claims for damages arising from liability for injuries suffered by any person arising from actions of the Construction Manager outside the scope of its agency. 7. Outside Services. Should, in the discharge of its duties, the Construction Manager require the services of any professional, including, but not limited to an attorney, accountant, surveyor or real estate appraiser, which is not separately included in the services of the General Contractor, the Construction Manager shall first ask the Owner for its recommendation for the provider of such services, and only with the concurrence of Owner, retain such party on an agreed fixed fee service or at a billing rate approved by the Owner. All services performed shall be outlined before any action is taken, except in an emergency, such professional services shall be provided in conformity with the Owner's policy. 8. Termination. Notwithstanding other provisions of this Agreement, the agreements herein contained shall be terminated and the obligations of the parties hereto shall thereupon cease, and an accounting shall be made by Construction Manager to Owner, upon the occurrence of any of the following events: (a) Upon consummation of a bona fide sale of the Project and delivery of possession to the new owner. (b) Upon substantial destruction of the Project and failure of Owner to restore the same within a period of one (1) year thereafter. (c) Upon taking under eminent domain, or other like proceedings, this Agreement shall terminate with respect to the portion of the Project so taken, but shall remain in full force and effect with respect to the balance of the Project; provided, however, that if the taking is of a substantial portion of the Project so as to render the same unfit for continued use as an apartment project, as the case may be, this Agreement shall terminate as to such Project on the date when said taking occurs. (d) If Construction Manager is adjudged a bankrupt, or if Construction Manager shall make an assignment for the benefit of creditors or seek relief from its creditors under any insolvency act, Owner may terminate this Agreement by serving written notice, by certified or registered mail, postage prepaid, at the address of Construction Manager hereinafter set forth. (e) Upon the mutual agreement or consent of Owner and Construction Manager expressed in writing. (f) Upon the expiration of the term of this Agreement without extension or renewal upon notice as provided for in Paragraph 2 hereof. (g) Upon prior written notice to Construction Manager from Great Southern Bank, a Missouri State Chartered Trust Company ("Lender"), Owner's mortgagee, that an event of default has occurred pursuant to the terms of the loan documents and that Lender elects to terminate this Agreement. Upon termination, Construction Manager shall reasonably cooperate with Owner in Owner's transition to another managing Construction Manager for the Project subject to such termination. 9. Notice. Notices hereunder shall be valid if mailed by first class registered or certified mail, postage prepaid, addressed as follows: (a) If to Owner: Continental 601 Fund LLC c/o Continental Properties Company, Inc. W 134 N8675 Executive Parkway Menomonee Falls, WI 53051 (b) If to Construction Continental Properties Company, Inc. Manager: W 134 N8675 Executive Parkway Menomonee Falls, WI 53051 or to such other address, with respect to the parties, as such party shall notify the other parties hereto in writing as above provided. 10. Assignment. Construction Manager shall be prohibited from assigning its interest in this Agreement without the written consent of Owner, but it may subcontract portions thereof to competent subcontractors. Construction Manager may assign its interest to a corporation affiliated with Construction Manager, but shall not be released from liability by reason of such assignment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. OWNER: CONTINENTAL 601 FUND LLC By: CONTINENTAL PROPERTIES COMPANY, INC., its manager Daniel J. Minahan, President CONSTRUCTION MANAGER: CONTINENTAL PROPERTIES COMPANY, INC. Daniel J. Minahan, President Milton Road Capital, LLC 25 S. Walkup Ave. Crystal Lake, IL 60014 City of McHenry 333 S. Green St. McHenry, IL 60050 Re: 2212 N. Richmond Road, McHenry, IL ('Property) PINS: 09-23-400-031 and 09-23-400-004 Date: January 4, 2021 Ladies and Gentlemen: Bernard Blake Farm, LLC and Bernard Blake Farm North, LLC (collectively "Seller") are the owners of the Property and have entered into a Purchase and Sale Agreement dated June 17, 2020, as amended ('Sale Agreement"), with Milton Road Capital, LLC. ("Purchaser"). The Sale Agreement authorizes Purchaser to proceed with due diligence investigations and planning concept meetings with the City to determine if development of the Property is feasible. The Purchaser has authorized Continental 601 Fund, LLC, a Delaware limited liability company ("Continentall to prepare and submit concept plans in furtherance of Purchaser's rights under the Sale Agreement. This letter is solely to support Purchaser's feasibility to determine whether the development is achievable, as allowed by the Sale Agreement. It is not for authorization by the then owner of the Property to file a formal application for zoning relief or public hearings. If feedback from the City Council is positive, a formal application for development approval will be filed, along with a further letter of authorization from the then owner of the Property. Very truly,9 ton Road Capital, LLC By. Nathan s a, Manager State of Illinois ) —!Pk-7L County ) Personally, came before me this �_ of January, 2021, the above named Nathan Wynsma of Milton Road Capital, LLC, an Illinois limited liability company to me know to be such officer and acknowledged that he executed the forgoing instrument as such officer as the deed of said limited liability RAMAN clony y OFFrCK WA Nota Public, Stets of •r IMATUX aOTuw ry NOTARv A1 V 31AtF tV %k tr4 My commission expires: � • !! a-1 Mr co ^s cu�wca CONCEPTUAL ELEVATIONS, FLOORPLANS. AND IMAGERY 1. Clubhouse Elevations (Front and Rear) 2. Clubhouse Elevations (Left and Right) 3. L24A Elevations (Front and Rear) 4. L24A Elevations (Left and Right) 5. L24A First Floor Plan 6. L24A Second Floor Plan 7. L24A Elevations (Front and Rear) 8. L24A Elevations (Left and Right) 9. L24A First Floor Plan 10. L24A Second Floor Plan 11. Sample Clubhouse Imagery 12. Efficiency Unit Axons 13. 1 BR Unit Axons 14. 2 BR Unit Axons 15. 3 BR Unit Axons 16. Community Renderings cgNTINENTAL P;?OPCPT' Authentix McHenry - Conceptual IDD January 4, 2021 vQu hwt t-eiph Front Elevation Rear Elevation CgNTINENTAL nPOPErMES CLUBHOUSE YQU ARE HERE Left Elevation Right Elevation CLUBHOUSE CgNTINENTAL YQU ARE HERE PROPERTIES IEli EO I -I EO 4R�Y� L � I LH E. Er L LJ F - 111 - il ill Hill i 1 WuF� i L � E � �� IL7111 I�1- IL�, � � EE ttJ ED llll� r.4 V � Q E E 1 :-1 E:l L I Hill Left Elevation Right Elevation L24 A Scheme A cgNTINENTAL YQU ARE HERE PROPER'. iES I J �mm� ■I �mm� �■ 11, mm ,a rmm� mm mm �mmZ it I li �� t�� � Li• u.. eeE4 � - -- -�■�eeM� j�mm��mm—�mm2 ■ Imo; O � _ 1\ � [� mm—mo ,11 mm—m om \ �, A �� - i � �F�i .4��� \ �_ I':� � � 1 ■� �!�W3 � � ' � � ��O� ® I, III C' � � - oo s - it , • —_ �9.1 s h h � Omi�mmf �/I -_,.Iu�-� -=� -� =m n;'ir■.■'���. Ii�_ �-_ � � e ��; . � li � - �-- - ° m n��a�n o a O° 8 FIRST FLOOR -LEFT �9s,L,t,.iJ Io 0 .Iil R ..�lla• � �- 0 � R�\�/ moeoaoo. ®oaosoo �aa0000 00000ao L24A APARTMENT - FIRST FLOOR PLAN - LEFT MEEIMRWRl URTES NOV. 20.2020 0 _g roe numxR SKEET NUMBER A110A HMO], ma SECOND FLOOR GENERAL NOTES o ni moeoaoo ma00000 <D L24A APARTMENT - SECOND FLOOR PLAN O ti O Al 20A , Ift 7161, ;_� 16 IT, O'W7;7 jMi DEE El—L �1� HIL (-kL i FLL 1-1 Lw—, �Jod �_ �j 11 1 [",1 � E IT :77 L FRI L+ ELE11 LL E El E 7-z I --ILL F 1111-LL 0_1 Fj_l III I _ Fl I T�Ls I Rio Left Elevation Right Elevation L24 B Scheme A cqNTINENTAL YqU ARE HERE PROPERTIES 0 d Col 0 FIRST FLOOR -LEFT [C ®©a0000 o � Leo©aoo ®oer_�oao �©e®000 m©a©000 L24B APARTMENT - FIRST FLOOR PLAN - LEFT NOV. 20,2M C 2 v 0 Nl! nuneF� S»fFi NVNNIEII A110B 0 all. mill 0 SECOND FLOOR BUILDING TYPE .......... 0 L24B APARTMENT - SECOND FLOOR PLAN SAMPLE CLUBHOUSE IMAGERY CQNTINENTAL Authentix McHenry - Conceptual IDD January 4, 2021 SR UNIT SF UNIT Authentix McHenry - Conceptual IDD EFFICIENCY UNIT AXONS January 4, 2021 cgNTINENTAL. VquAs4L �wt-- 1R UNIT 1F UNIT 1BR UNIT AXONS Authentix McHenry - Conceptual IDD January 4, 2021 C g N T I N E N TA L VqU A14t NCRt 2BR UNIT AXONS CQNTINENTAL PRQPCgTICZ Authentix McHenry - Conceptual IDD January 4, 2021 3-2R UNIT 3-2F UNIT 3BR UNIT AXONS cgNTINENTAL �� -, - ^ . Authentix McHenry - Conceptual IDD January 4, 2021 VaU Akt ►.-- SmCL -AC - 11 '� . \ ' mil! �a,i ^�' \ T � \` 41 74 6 eilmi-17--Q, ALP .01 4t. Ao!- Jr doo .5P 0 Authentix McHenry - Conceptual IDD Clubhouse and Pool Deck Renderi� n smogs _ January 4, 2021 CQNTNENTAL.. Bulding Type "A" Rendering cgNTINEENTAL arAC�ac;; ; Authentix McHenry - Conceptual IDC January 4, 2021 YQU Alit I-titt Bulding Type "B" Rendering CgNTINENTAL �--r .ar .T,r . Authentix McHenry - Conceptual IDD January 4, 2021 Estimated Annual Spending by Residents Authentix Apartments (McHenry, IL) McHenry County December 31, 2020 Avg. Annual Expenditure Apparel and Services $ 2,561 Computer $ 234 Entertainment & Recreation $ 3,901 Financial $ 3,548 Food $ 11,463 Health $ 698 Home $ 23,535 Household Furnishings and Equipment $ 1,710 Household Operations $ 2,251 Insurance $ 9,186 Transportation $ 7,225 Travel $ 2,302 Total Average Annual Expenditures per Household $ 68,614 LESS "Homeowner Expenses" Mortgage Payment and Basics (11) $ 13,795 Maintenance and Remodeling Services $ 3,348 Maintenance and Remodeling Materials (12) $ 678 Lawn and Garden 16 $ 606 Subtotal $ 18,427 Subtotal - Annual Expenditures per Renter Household $ 50,187 Excluding Rent Average monthly rent at Authentix $ 1,400 Plus Average Annual Rent $ 16,800 Total Annual Expenditures per Authentix Household $ 66,987 Total Local Sales Tax Revenue Estimate per Household(i) $ 157 Total Apartment Homes in Authentix Community Total Households (95% occupancy) Total Residents (avg. household size of 1.9) 288 274 520 Total Annual Expenditures by Authentix Households $ 18,300,000 Total nnuaLocal a es Tax Estimate(i) $ 81,760 Source: Continental Properties analysis, ESRI 2019 "Retail Goods and Services Expenditures" report (1) Tax Rates estimated using mytax.illinois.gov rates for 11112021 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 McHenry Market Analysis LOCATION Continental's Market Research team has identified this specific location, and the City of McHenry as a desirable location for renters for a variety of reasons. First, being its proximity to major vehicular thoroughfares and McHenry's Metra Station. Second, the City of McHenry offers a plethora of amenities, including a variety of nearby fast and casual dining options, grocery options, and other shopping choices. In addition, the subject site is just one mile from Downtown McHenry, which offers its own palette of desirable shops, restaurants and bars. The city and surrounding area also include numerous parks and outdoor recreational options for residents, including both City, County, and State operated options. ECONOMIC FUNDAMENTALS AND SUPPLY + DEMAND The City of McHenry generally aligns with many of Chicago's suburbs in a number of the key fundamentals Continental values when evaluating opportunities. The key take-aways are as follows: Demographics: The city of McHenry's median household income closely matches the general market at $72.6k. According to ESRI demographics, projected population growth for the city is positive at 0.5% annually, with growth among the millennial generation (one of Continental's key demographic indices) expected to increase by 1.6% annually. Demographic Trends Population Current Pop. Growth Rate Median Age of Population Median Household Income National MSA County 332AM 9,578,424 314,718 0.8% 0.1% 0.2% 39.2 --38.5 37.4 $60,548 $72,062 $85,412 City 3 Mile 27,756 3,349 0.3% 0.1% 39.2 40.9 $72,681 $74,350 Median Home Value $234,154 $250,672 $235,135 $192,726 $200,804 Declining Permits: The metro has seen a trend of declining multifamily permits since the onset of COVID-19 (down nearly 19%year-over-year). Single Family permitting is increasing, but at a relatively low rate of 5.3% year -over -year. Additionally, the City of McHenry has only issued 110 MF permits in the past decade, and McHenry County overall has issued only 1,229 permits (a relatively low average of 123 permits per year) over the same period. The lack of recent supply in McHenry and countywide, coupled with declining permits in the metro, creates an environment where increased demand for newly constructed product is expected. Conceptual IDD — Introduction I Authentix McHenry I January 4, 2021 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone:262.502.5500 Appreciating Home Values: According to data from Zillow, home values in the City of McHenry have appreciated 6.2% year -over -year which is above the overall metro rate of 4.3% and is above the county rate of 5.4%. The 1-year appreciation forecast for the city is 7.9%. The described trend typically points toward an increase in multifamily demand, as home ownership is expected to become slightly less attainable for certain households. Supply + Demand: To properly assess supply and demand fundamentals for the proposal, Continental's Market Research team has utilized a mixture of metrics from Real Page Analytics and self -obtained data to evaluate the area described as the "Far Northwest Chicago Submarket" this submarket is delineated in the map on the following page. The team determined that demand is projected to be balanced with supply in the immediate future (2021- 2023). In the next 3 years, the submarket is expected to demand an average of 314 multifamily household formations per year and is expected to supply 311 multifamily household formations per year (including Authentix McHenry). Currently, the submarket is experiencing a dip in occupancy related to the COVID-19 pandemic but is expected to rebound substantially in the next 12-24 months. Occupancy in the product type being proposed at Authentix McHenry is currently performing at its highest level over the past decade at a 96.2% occupancy, outperforming the general market rate of 94.8%. Sub-AAK SW* i%pdr* & DMUM h o;eedw . X .. d 11 hY+i rt0, r s . 4.. 'r r_a ! --io_ l' l r •�.a Cyr T� • • MEW— * "Internal" Demand and Pipeline projections include a broader database than RealPage Metrics Conceptual IDD I Authentix McHenry I January 4, 2021 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 1.,..1 v, t° 0 0 � •o 9 O _ c o 1: For Northwest Chicago Submarket Pipeline First Ground Status Property Name Unts Loaels Proxenity Break DelPmries 1 LU Reserve it Prairse Center W9 3 34.4 m, t-1 5/1/2018 9/112019 2 LU Seasons at Randall Road 30) 2 20.3 Mies 7/1/2019 5/1/2020 LFAS&UP 909 3 UC Church St. and Maalc St 35 3 10.1 Mies S/1I2010 5/112021 4 UC Woodstock Square 30 5 11.9 roles S/1/2020 7/1/2021 s UC Sp-mga at Three Oyes 280 2 11.1 codes 10/1n020 OW2021 UNDER CONSTRUCTION 3W 6 P Sea,*nc a, Randall Roar, a 80 2 20 3 raaes 411/2021 3/1/2022 7 P P.&8 tlrvcicP!ncnt 21 4 343 macs 1/1n021 6/1/2022 8 P 95 C. Crvstal Lake Am 260 N/h 10.2 rates 71W021 7/2/2022 9 P O!re Korth y/e5hington 194 4 39.6 Tales 3/1/2021 10/1/2022 PLANNED 4SS Total Loose-vp (10) 909 *AnrM WSW* Total Under Cornrroctioo RK) 346 2020 663 Totof Fumed (P) 45; 2021 3M TIOrTAL PiEtlriE 1.710 2022 467 rrorfAuth. &frl4rnrvf2",' i.9/1 2023 128 TOW Pill"N" L.W Aorsual Average (2021.23): 311 114 units from Resofvv- at Pralrrp Center delivered in 2019 (1,596 units 124 un<s = 1.710 toter pipeline) Conceptual IDD I Authentix McHenry I January 4, 2021 C NTINENTAL PROPERTIES W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 EMPLOYMENT FUNDAMENTALS The Chicago MSA is the largest employment center in the Midwest and is anchored by high concentrations in the Professional and Business Services and Education and Health Services sectors, which align with Continental's portfolio demographics. After suffering heavy job losses from the pandemic (-S30k jobs), the metro has recovered significantly, and is currently at 92.2% of the pre-COVID peak employment rate. Job growth is projected at 4% in 2021 continuing the trend of recovery. The largest employers surrounding the subject property align with the employment sectors described above, with a heavy presence of healthcare and medical related employers within a 30 min. commute, which is the median commute time for the city of McHenry per the American Community Survey. Top 10 Employers 1. Woodstock Hospital 2. Follett Library Resources 3. Advocate Good Shepard Hospital 4. Centegra Hospital 5. McHenry County College 6. Fresenius Kabi USA 7. Catalent Pharma Solutions 8. Scot Forge 9. Otto Engineering 10. Stryker #I of Employees Commute Time 3,500 21 min. 1,378 12 min. 1,030 26 min. 1,019 9 min. - j 856 20 min. 800 29 min. 600 23 min. 600 12 min. 580 30 min. 500 20 min. Type Health Care Distributor Health Care Health Care Education Medical Mfg. Biomedical Manufacturing Manufacturing _ Medical Mfg. Conceptual IDD I Authentix McHenry I January 4, 2021 CQNTINENTAL PPOPFPTIFS Who Lives in Continental's Communities September 8, 2020 Our residents are typically young adults or empty nesters with above average incomes. • 48% of residents are 20 - 34 years old • 21% of residents are 50+ years old • Only 9% of residents are school age children (age 5 - 18) • Residents have a median household income of $75,400, as compared to the USA median household income of $60,500 • Residents have a per capita income of $50,200, as compared to the USA per capita income of $33,000 NumberApartment Number. .. Number of Residents . 1 Income Average Household Income $93,800 Median Household Income $75,400 Per Capita Income $50,200 Age Median Age 31 Average Age ----------------------------------------------------------- 35 % Pre -School Age Children (0-4) --------------------------- 1% School Chi ldren (5-18) -----------------------Age---------------------------------- 9% % Age Under 20 --------------------------- 11% % Age 20 - 34 48% % Age 35 - 49 19% % Age 50 - 65 15% % Age Over 65 6% Gender Male 45% Female 47% Households Average Household Size 1.9 Where Our Residents Work • Education • Finance/Insurance • Management • Manufacturing • Real Estate • Service Industries • Health Care • Technology • Police & Fire Department W134 N8675 Executive Parkway • Menomonee Falls, WI 53051-3310 • Telephone: 262.502.5500 • Fax: 262.502.5522 Schematic Sign Package Authenfix McHenry McHenry, IL Continental Properties Monument Sign Side View I Front View 24" 1 144" Simulated Illumination W F N W Sales Rep a CJHines 3 Approved j Appoved as Noted W x Revise d Re-stdoot W U YYe r.b W Yna n.n c�gm,l unr.'baured en.�q. e�u:ea by Siyn SYilew. 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City of Crystal Lake) All City of Crystal Lake Fees Calculated per fees assessed on Continentals' "Springs at Crystal Lake" *Expected Population: Total 551 Elementary 18 Jr. High School 9 High School 9 *Both City of McHenry and City of Crystal Lake utilize same Population Equivalency Calculations All populations rounded up to nearest whole Multifamily Impacts/Donations Schools (Fee in Lieu of Land Donation): City of McHenry Unit Type Unit Qty Fee/Unit Total Efficiency 32 $ - $ - 1BR 112 $ - $ - 2BR 112 $ 718 $ 80,416.00 3BR 32 $ 1,961 $ 62,752.00 Total 288 1 $ 143,168.00 Average Fee/unit $ 497.11 Fee Rationale: Land Donation Required Acres/Student Elementary 0.0444 Jr. High School 0.0583 High School 0.0600 City of Crystal Lake Fee/Unit Total $ 14.00 $ 1,568.00 $ 638.00 $ 71,456.00 $ 1,700.00 $ 54,400.00 $ 127,424.00 $ 442.44 Acres/Student Elementary 0.0121 Jr. High School 0.0153 High School 0.0483 Relative Fee in lieu of Acre/Student FMV $80,00 IFMV $163,267/Acre Fee/Student Elementary $ 3,555.56 Jr. High School $ 4,666.67 High School $ 4,800.00 Fee/Student Elementary $ 1,977.28 Jr. High School $ 2,491.36 High School $ 7,892.06 Authentix McHenry 1/25/2021 Parks (Fee in Lieu of Land Donation): *Note: Springs at Crystal Lake was subjected to a historic Annexation Agreement that did not allow land donation City of McHenry Unit Type Unit Qty Fee/Unit Total Efficiency 32 $ 1,553.00 $ 49,696.00 1BR 112 $ 2,110.00 $ 236,320.00 2BR 112 $ 2,297.00 $ 257,264.00 3BR 32 $ 3,664.00 $ 117,248.00 Total 288 $ 660,528.00 Average Fee/unit $ 2,293.50 Fee Rationale: Land Donation Required: City of McHenry Acreage Donation/Pop. 0.015 Relative Fee Per Person: City of McHenry FMV $80,000/Acre Fee Per Person $ 1,200.00 City of Crystal Lake Fee/Unit Total $ 2,113.00 $ 67, 616.00 $ 2,870.00 $ 321,440.00 $ 3,125.00 $ 350,000.00 $ 4,985.00 $ 159,520.00 $ 898,576.00 $ 3,120.06 F-- City of Crystal Lake 0.010 City of Crystal Lake FMV $163,267/Acre $ 1,632.67 Facilities Fees: Facilities Fees Include Any Fees Required for Municipal Services including Fire, Library, etc. City of McHenry Unit Type Unit Qty Fee/Unit Total Efficiency 32 $ 712.00 $ 22,784.00 1BR 112 $ 712.00 $ 79,744.00 2BR 112 $ 712.00 $ 79,744.00 3BR 32 $ 712.00 $ 22,784.00 Total 1 288 $ 205,056.00 Average Fee/unit $ 712.00 City of Crystal Lake Fee/Unit Total $ 947.00 $ 30,304.00 $ 1,286.00 $ 144,032.00 $ 1,399.00 $ 156,688.00 $ 2,234.00 $ 71,488.00 $ 402,512.00 $ 1,397.61 Fee Rationale: Relative Fee Per Person: $ 372.15 $ 730.51 Multifamily Water and Sewer Capital Development Fees co, '- City of McHenry Unit Type Unit Qty Fee/Unit Total Efficiency 32 $ 1,827.00 $ 58,464.00 1BR 112 $ 2,479.00 $ 277,648.00 2BR 112 $ 2,695.00 $ 301,840.00 3BR 32 $ 4,301.00 $ 137,632.00 Total 288 $ 775,584.00 Average Fee/unit $ 2,693.00 Water. City of McHenry Unit Type Unit Qty Fee/Unit Total Efficiency 32 $ 1,536.00 $ 49,152.00 1BR 112 $ 2,085.00 $ 233,520.00 21313 112 $ 2,274.00 $ 254,688.00 3BR 32 $ 3,627.00 $ 116,064.00 Total 288 $ 653,424.00 Average Fee/unit $ 2,268.83 Water + Sewer Combined Multifamily Combined Fees: Total $ 1,429,008.00 Average Fee/ $ 4,961.83 City of McHenry Total $ 2,437,760.00 Per Unit $ 8,464.44 City of Crystal Lake Multifamily Charged based on connection Size Connection Size Fee Per Connection Qty Total 2.5" (Residential) $ 18,932.00 12 2" (Clubhouse) $ 14,199.00 1 1" (Grounds) $ 6,152.00 1 $ 227,184.00 $ 14,199.00 $ 6,152.00 Total $ 247,535.00 $ 859.50 City of Crystal Lake Multifamily Charged based on connection Size Connection Size Fee Per Connection Qty Total 2.5" (Residential) $ 13,712.00 12 2" (Clubhouse) $ 10,284.00 1 1" (Grounds) $ 4,456.40 1 $ 164,544.00 $ 10,284.00 $ 4,456.40 Total $ 179,284.40 $ 622.52 Total $ 412,079.00 Average Fee/unit $ 1,430.83 City of Crystal Lake $ 1,840,591.00 $ 6,390.94 Proposal: 1. Utilize Parkland Equivalency as described in Narrative - Do not utilize "Fee in lieu" Mechanism 2. Water and Park Fees to be assessed utilizing following rational: Water + Sewer Proposal Calc Projected Usage Existing Fee/Unit Weber Road Usage Proposed Reduction Proposed Fee/Unit Efficiency 116.46 $ 3,363.00 55.60 52.3% $ 1,605.55 1BR 158.22 $ 4,564.00 64.00 59.5% $ 1,846.14 2BR 172.26 $ 4,969.00 94.15 45.3% $ 2,715.84 3BR 274.77 $ 7,928.00 123.05 55.2% $ 3,550.39 Qty Existing Total Proposed Total Efficiency 32 $ 107,616.00 $ 51,377.72 1BR 112 $ 511,168.00 $ 206,767.49 2BR 112 $ 556,528.00 $ 304,174.57 3BR 32 $ 253,696.00 $ 113,612.45 Total $ 1,429,008.00 1 $ 675,932.23 Crystal Lake $ 412,079.00 Total Fees (Municipal Impact + Water and Sewer Capital Charges) Existing Proposed Crystal Lake $ 2,437,760.00 $ 1,684,684.23 $ 1,840,591.00 Considering Park Donation Proposal Existing Proposed* Crystal Lake $ 2,437,760.00 $ 1,024,156.23 $ 1,840,591.00 *Plus Parkland Equivalency (Valuation of Approx $1.25MM) Equivalent Acreage Value of $1.25MM/$80k = +/- 15 acres