HomeMy WebLinkAboutPacket - 03/15/2021 - City CouncilThe 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.
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, March 15, 2021, 6:00 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/96885771057
Or call 312-626-6799, Meeting ID: 968 8577 1057
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@cityofmchenry.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.Motion to approve the continuation of the local disaster emergency for the City of McHenry
pursuant to Section 6-1-14, Declaration of Local Emergency, of the Municipal Code to June 21,
2021; (City Attorney McArdle)
B.Motion to award a contract to Peter Baker and Son of Lake Bluff, Illinois in the amount of
$1,063,407.63 and a construction contingency in the amount of $106,340.76 for the 2021 Motor
Fuel Tax Road Program; (Public Works Director Strange)
C.Motion to award a bid to Peter Baker and Son of Lake Bluff, Illinois in the amount of $42.00 per
ton for HMA Surface Mixture and $40.00 per ton for HMA Binder Mixture for the 2021 Hot Mix
Asphalt (FOB) Materials Program; (Public Works Director Strange)
D.Motion to approve and execute a Highway Authority Agreement for the property located at 4713
W. Elm Street which covers portions of the City right of way on Meadow Lane, south of Elm
Street; (Public Works Director Strange)
E.Motion to approve an Ordinance amending Title 4, Chapter 6, Video Gaming Terminals, Section
3, Limitations of Establishments and Terminals, Subsection B. Terminals, increasing the
maximum number of terminals permitted from 5 to 6; (City Administrator Moref ield)
F.Motion to renew Farm Lease Agreements for properties owned by the City of McHenry; (Parks
and Recreation Director Hobson)
G.March 1, 2021 City Council Meeting Minutes;
H.Issuance of Checks in the amount of $357,442.59;
I.Issuance of As NEeded Checks in the amount of $193,473.94.
6.Individual Action Item Agenda.
7.Discussion Items.
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A.Presentation and Discussion regarding Proposed FY21/22 Budget for the General Fund, General
Fund Operating Departments, Recreation Center Fund, Water Fund, Sewer Fund and Utility
Fund. (City Administrator Morefield)
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.cityofmchenry.org. For further
information, please contact the Office of the City Administrator at 815-363-2108.
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NINTH CONTINUATION OF EFFECTIVE DATES OF THE
MARCH 11, 2020 PROCLAMATION BY THE MAYOR
OF LOCAL DISASTER EMERGENCY
IN THE CITY OF McHENRY, ILLINOIS
On March 11, 2020, the Mayor of the City of McHenry issued a Proclamation of Local
Disaster Emergency in response to the well-publicized Coronavirus disease 2019 (COVID-19) for
a limited timeframe of seven (7) days. On March 16, 2020, April 6, 2020, May 4, 2020,
June 1, 2020, July 20, 2020, August 17, 2020, September 21, 2020, and December 21, 2020, the
Mayor of the City of McHenry and the City Council continued the Proclamation with the most
recent Proclamation in effect until March 15, 2021.
In accordance with the Illinois Emergency Management Act, 20 ILCS 3305/1, et seq., and
the Municipal Code, City of McHenry, Illinois, Section 6-1-14, Declaration of Local Emergency,
we, Wayne S. Jett, Mayor of the City of McHenry, and the City Council do hereby proclaim that
a local disaster emergency still exists in the City of McHenry due to ongoing Coronavirus disease
2019 (COVID-19) concerns in the City of McHenry and McHenry County. The purpose is to
activate the response and recovery aspects of any and all applicable local or interjurisdictional
disaster emergency plans, to authorize the furnishing of aid and assistance thereunder, and to bring
this to as quick of a conclusion as possible.
The City of McHenry’s emergency operations plans are hereby activated for the best
interest of the residents of the City of McHenry.
This Proclamation is effective on March 15, 2021 and shall continue to June 21, 2021.
Voting Aye:
Voting Nay:
Absent:
Abstain: APPROVED:
Mayor Wayne S. Jett
(SEAL)
ATTEST:
City Clerk Monte Johnson
Passed:
Approved:
Z:\M\McHenryCityof\COVID-19\McHenry.9th Cont ProclamDisaster.docx
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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
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.
CONSENT AGENDA SUPPLEMENT
DATE: March 15, 2021
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
Greg Gruen, P.E., Staff Engineer
RE: 2021 Motor Fuel Tax Resurfacing Program
ATT: Bid Tabulation
Project Location Map
IDOT Resolution
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a contract to Peter Baker and Son Company of
Lake Bluff, Illinois for the 2021 Motor Fuel Tax Funded Road Program and to approve an IDOT
Resolution for Maintenance authorizing the use of Motor Fuel Tax Funds for the project. Staff
further requests that City Council approve a construction contingency of ten percent (10%) of the
awarded contract value.
BACKGROUND:
The Fiscal Year 2021/2022 Budget is planned to include $2,000,000 for the 2021 Road Program
which will be completed with $900,000 in State Motor Fuel Tax (MFT) funds, $600,000 in Rebuild
Illinois Bond Funds, and $500,000 in Municipal Retail Motor Fuel Tax (MFT) Funds. The program
is divided between two projects; the first project is funded through State MFT funds ($900,000)
and Municipal Retail MFT funds ($500,000), and the engineering work is being completed “in-
house” with Public Works staff. The second project is funded through $600,000 in Rebuild Illinois
bond funds and the engineering work is being completed through a retained consultant. The
project before City Council for consideration is the portion of the program which will be funded
through state and local MFT funds. This contract includes 3.84 miles of resurfacing locations
within Foxridge, Winding Creek, and Trails of Winding Creek Subdivisions.
At the October 19, 2020 City Council Meeting, the City Council approved the 2021 Road
Resurfacing Program as presented by staff and authorized staff to publicly bid the project. On
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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.
March 4, 2021, a total of six (6) bids were received for the project. A summary of the bids is as
follows:
Arrow Road Construction $1,112,986.65
Curran Contracting Company $1,158,445.88
Geske and Sons, Inc. $1,118,847.13
Payne & Dolan, Inc. $1,283,993.13
Peter Baker and Son, Company $1,063,407.63
Schroeder Asphalt Services, Inc. $1,307,429.63
After a detailed review of the bids and line items, staff has concluded that Peter Baker and Son
Company is the lowest responsible bidder with a bid of $1,063,407.63.
The Engineer’s Estimate of Cost for this project was $1,336,084.55.
Because the awarded contract will utilize State MFT funds, the IDOT Resolution for Maintenance
will be approved by the City Council in conjunction with the award of the contract . Because the
contract is being awarded prior the adoption of the Fiscal Year 2021/2022 Budget, th e contract
will be contingent upon the adoption of the Fiscal Year 2021/2022 Budget by City Council and
inclusion of the expenditure of these funds in the budget document.
ANALYSIS:
Staff has analyzed and checked the bids for accuracy and recommends awar ding the contract to
Peter Baker and Son Company of Lake Bluff, Illinois. This is a unit price contract and the final cost
of construction will be based upon final measured and documented quantities.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to award a contract for the 2021 Motor Fuel
Tax Funded Road Program to Peter Baker and Son Company of Lake Bluff, Illinois in the amount
of $1,063,407.63 contingent upon the approval of the Fiscal Year 2021/2022 Budget and
inclusion of the expenditure of these funds in the budget document. It is further recommended
to approve a construction contingency in the amount of ten percent (10%) of the awarded
contract price ($106,340.76). The final contract price will be based on final measured quantities
and may vary from the original contract amount.
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Tabulation of BidsLOW BIDDER1,283,993.13 1,283,993.13 1.3500 2,355.75$ 5.0000 2,730.00$ 1.0000 1.00$ 1.0000 1.00$ 18,500.0000 18,500.00$ 47.0000 47,000.00$ 28.5000 5,700.00$ 32.5000 6,500.00$ 38.0000 7,600.00$ 58.5000 11,700.00$ 60.5000 530,887.50$ 64.5000 339,592.50$ 3.5500 222,496.25$ 0.9500 59,541.25$ 19.5000 29,250.00$ Payne & Dolan, Inc.28435 W. Route 173Antioch, IL 60002Bid BondUnit PriceTotal0.0100 137.88$ Proposal Guarantee: Bid BondSee Attached Attendance SheetTerms:Estimate:Local Public Agency: City of McHenryTime: 10:00 AM Address of Bidder: 1445 Oakton StreetCounty: McHenryDate: 3/4/2021 Name of Bidder: Arrow Road Construction Co.1,336,084.55Section: 22-00000-01-GM Appropriation:Elk Grove Village, IL 600071,378.80$ 1.0000 13,788.00$ 0.0100 137.88$ Attended By:POUND137880.1000 Unit PriceTotalTotalApproved Engineer's EstimateItem No.ItemDelivery UnitQuantity Unit PriceTotal1BITUMINOUS MATERIALS (TACK COAT)2HOT-MIX ASPHALT BINDER COURSE, IL-19.0 N50 - 2.5"TON877564.0000 561,600.00$ 58.7000 515,092.50$ 352,755.00$ 66.9000 352,228.50$ 2.3500 147,286.25$ 3HOT-MIX ASPHALT SURFACE COURSE, IL-9.5 N50 - 1.5"TON526567.0000 4HOT-MIX ASPHALT SURFACE REMOVAL (SPECIAL) - 3.75"SY626753.2500 203,693.75$ 1.7500 109,681.25$ 60.2500 528,693.75$ 47,006.25$ 0.8500 53,273.75$ 5PREP OF BASE (SPECIAL)SY626751.0000 6AGG. BASE REPAIR - CA6TON150020.0000 30,000.00$ 16.0000 24,000.00$ 7AGG. BASE REPAIR (SPECIAL) - 18"SYTRAFFIC CONTROL AND PROTECTION, STANDARD 701501TRAFFIC CONTROL AND PROTECTION, STANDARD 701801MOBILIZATION9CLASS D PATCH, TYP3 - 4"SY8CLASS D PATCH, TYP4 - 4"SY12THERMOPLASTIC PAVEMENT MARKING LINE - 6"LF15LUMP SUM23.5000 23,500.00$ 38.0000 38,000.00$ 1000 60.0000 60,000.00$ 15.0000 15,000.00$ 10.0000 2,000.00$ 2,000.00$ 12.0000 2,400.00$ 200 35.0000 7,000.00$ 10.0000 1,112,986.65 1,158,445.88 Total Bid:56.0000 491,400.00$ 61.5000 323,797.50$ 3.0000 188,025.00$ 13.1500 19,725.00$ 32.0000 As Read:1,112,986.65 As Calculated:62,675.00$ 0.7500 Curran Contracting Company286 Memorial CourtCrystal Lake, IL 60014Bid BondUnit Price6,200.00$ 32.0000 6,400.00$ 6,400.00$ 30.0000 6,000.00$ 200 36.0000 7,200.00$ 10CLASS D PATCH, TYP2 - 4"SY20010.0000 7,400.00$ 37.0000 2,000.00$ 31.0000 12.0000 2,400.00$ 5.0000 2,730.00$ 5.0000 2,730.00$ 12.0000 2,400.00$ 1.3500 2,355.75$ 1.3500 2,355.75$ 12.0000 2,400.00$ 1745 4.0000 7,600.00$ 10.0000 2,000.00$ 6,980.00$ 2.0500 3,577.25$ 11CLASS D PATCH, TYP1 - 4"SY20038.0000 6,552.00$ 5.1500 2,811.90$ 13THERMOPLASTIC PAVEMENT MARKING LINE - 24"LF54612.0000 117,500.00$ 5,100.0000 5,100.00$ 6,000.0000 14LUMP SUM117,500.0000 3,500.0000 3,500.00$ 1.0000 1.00$ 1,750.0000 1,750.00$ 1.0000 1.00$ 1.0000 1.00$ 6,000.00$ 20,200.00$ 2,000.00$ 16,700.0000 16,700.00$ 8,000.0000 2,000.0000 8,000.00$ 16LUMP SUM11,118,847.13 63.2000 332,748.00$ 0.5400 33,844.50$ 9.5000 14,250.00$ 1,118,847.13 1,158,445.88 Geske and Sons, Inc.400 E. Terra Cotta Ave.Crystal Lake, IL 60014Bid BondUnit PriceTotal0.0100 137.88$ Peter Baker and Son Company1349 Rockland RoadLake Bluff, IL 60044Bid BondUnit PriceTotal0.0100 137.88$ 58.2000 510,705.00$ 60.7000 319,585.50$ 20,200.0000 2.0000 125,350.00$ 0.8200 51,393.50$ 11.0000 16,500.00$ 15.0000 15,000.00$ 16.0000 3,200.00$ 16.0000 3,200.00$ 16.0000 3,200.00$ 16.0000 3,200.00$ 1.3500 2,355.75$ 5.0000 2,730.00$ 3,550.0000 3,550.00$ 100.0000 100.00$ 3,200.0000 3,200.00$ 1,063,407.63 1,063,407.63 Schroeder Asphalt Service, Inc.PO Box 831Huntley, IL 60142Bid BondUnit PriceTotal0.0100 137.88$ 69.5000 609,862.50$ 72.5000 381,712.50$ 2.9500 184,891.25$ 0.6500 40,738.75$ 16.0000 24,000.00$ 25.0000 25,000.00$ 22.0000 4,400.00$ 23.0000 4,600.00$ 24.0000 4,800.00$ 24.0000 4,800.00$ 1.3500 2,355.75$ 5.0000 2,730.00$ 4,000.0000 4,000.00$ 1.0000 1.00$ 13,400.0000 13,400.00$ 1,307,429.63 1,307,429.63 Printed 3/4/2021BLR 12315 (Rev. 07/16/13)66
0 FT 1000 FT
BULL VALLEY ROADCRYSTAL LAKE ROAD77
BLR 14220 (Rev. 02/08/19)
Resolution for Maintenance
Under the Illinois Highway Code
Printed 03/04/21
Resolution Type
Original
Section Number
22-00000-01-GM
BE IT RESOLVED, by the
Governing Body Type
Council of the
Local Public Agency Type
City of
Name of Local Public Agency
McHenry Illinois that there is hereby appropriated the sum of
DollarsSixty-Nine Thousand Nine-Hundred Forty-Eight and 39/100-----------_---------------() $669,948.39
of Motor Fuel Tax funds for the purpose of maintaining streets and highways under the applicable provisions of Illinois Highway Code from
Beginning Date
05/01/21 to
Ending Date
04/30/22
Resolution Number
Six-Hundred
.
BE IT FURTHER RESOLVED, that only those operations as listed and described on the approved Estimate of Maintenance Costs,
including supplemental or revised estimates approved in connection with this resolution, are eligible for maintenance with Motor Fuel Tax
funds during the period as specified above.
BE IT FURTHER RESOLVED, that
Local Public Agency Type
City of
Name of Local Public Agency
McHenry
shall submit within three months after the end of the maintenance period as stated above, to the Department of Transportation, on forms
available from the Department, a certified statement showing expenditures and the balances remaining in the funds authorized for
expenditure by the Department under this appropriation, and
BE IT FURTHER RESOLVED, that the Clerk is hereby directed to transmit four (4) ceritified originals of this resolution to the district office
of the Department of Transportation.
I
Name of Clerk
Trisha Ramel
Local Public Agency Type
City Clerk in and for said
Local Public Agency Type
City
of
Name of Local Public Agency
McHenry in the State of Illinois, and keeper of the records and files thereof, as
provided by statute, do hereby certify the foregoing to be a true, perfect and complete copy of a resolution adopted by the
Governing Body Type
Council of
Name of Local Public Agency
McHenry at a meeting held on
Date
03/15/21
IN TESTIMONY WHEREOF, I have hereunto set my hand and seal this
.
Day
day of
Month, Year
.
(SEAL) Clerk Signature
APPROVED
Regional Engineer
Department of Transportation Date
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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
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.
CONSENT AGENDA SUPPLEMENT
DATE: March 15, 2021
TO: Mayor and City Council
FROM: Troy Strange, P.E., Director of Public Works
RE: 2021 Hot Mix Asphalt (FOB) Materials Contract Award
ATT: Bid Tabulation
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding the bid to Peter Baker and Son Company of Lake
Bluff, Illinois for the 2021 Hot Mix Asphalt FOB Materials Contract.
BACKGROUND:
On an annual basis the Public Works Street Division Materials and Supplies budget includes
project materials such as hot mix asphalt, portland cement concrete, and aggregates necessary
for street repair projects. These materials are procured through local material suppliers and are
hauled by City Public Works staff to individual jobsites where they are utilized to complete repair
projects such as patching. On an annual basis Street Division crews use up to 1000 tons of hot
mix asphalt.
On March 4, 2021 three (3) bids were received for the 2021 Hot Mix Asphalt (FOB) Materials
Contract. All of the bids were provided by contractors meeting prequalification requirements
established by the Illinois Department of Transportation (IDOT). The bids ranged from $42.00/ton
to $51.00/ton for HMA Surface Mixture and from $40.00/ton to $47.00/ton for HMA Binder
Mixture, a haul differential factor of $0.50/ton/mile was added to each per ton unit price to
account for fuel and trucking costs for hauling materials from each plant location.
ANALYSIS:
Staff has analyzed and checked the bids for accuracy and recommends awarding the contract to
Peter Baker and Son Company of Lake Bluff , Illinois. This is a unit price contract and the final
contract cost will be based on actual final quantities.
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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.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to award the bid to Peter Baker and Son
Company of Lake Bluff, Illinois for the 2021 Hot Mix Asphalt (FOB) Materials Contract in the
amount of $42.00/ton for HMA Surface Mixture and $40.00/ton for HMA Binder Mixture.
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Tabulation of BidsHaul Differential $0.50/TON/Mile x Miles-$ 3.2500 1,625.00$ Proposal Guarantee:See Attached Attendance SheetTerms:Estimate:Local Public Agency: City of McHenryTime: 10:00 AM Address of Bidder:1349 Rockland RoadCounty: McHenryDate: 3/4/2021 Name of Bidder:PETER BAKER & SON CO.0.00Section: 2021 HMA Materials Appropriation:Lake Bluff, IL 60044-$ 42.0000 21,000.00$ 42.0000 21,000.00$ Attended By:FOB TON500Unit PriceTotalTotalApproved Engineer's EstimateItem No.ItemDelivery UnitQuantity Unit PriceTotal1HMA SC, IL 9.5, N50Haul Differential $0.50/TON/Mile x MilesFOBTON500-$ 2HMA BC, IL 19.0, N50-$ Plant Haul Distance (Miles)Plant Haul Distance (Miles)-$ 6.5000 44,250.00 45,475.00 2.2000 Total Bid:1.1000 550.00$ 2.2000 46.7500 23,375.00$ As Read:As Calculated:-$ 40.0000 20,000.00$ 1.1000 550.00$ 3.2500 1,625.00$ 6.5000 CURRAN CONTRACTING COMPANY286 Memorial CourtCrystal Lake, IL 60014Security CheckUnit PriceLOW BIDDERARROW ROAD CONSTRUCTION CO.1445 Oakton StreetElk Grove Village, IL 60007Security CheckUnit Price Total51.0000 25,500.00$ 6.1000 3,050.00$ 12.2000 47.0000 23,500.00$ 6.1000 3,050.00$ 12.2000 55,100.00 Security CheckPrinted 3/5/2021BLR 12315 (Rev. 07/16/13)1111
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ORDINANCE NO. 21-
Amending Title 4, Chapter 6, Video Gaming Terminals, Section 3, Limitations of
Establishments and Terminals, Subsection B. Terminals
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the
Constitution of the State of Illinois.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of McHenry,
McHenry County, Illinois, as follows:
SECTION 1: Section 4-6-3, subsection B, of the Municipal Code relating to video gaming
terminals shall be amended as follows:
B. Terminals: Individual video gaming terminal licenses shall be issued by the City Administrator
or designee but only after a video gaming establishment license is authorized by Council. No
authorized video gaming establishment shall be issued more than six (6)
individual video gaming terminal licenses.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall
not effect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue
in full force and effect.
SECTION 3: All ordinances, or parts thereof, in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 4: This ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, Illinois.
SECTION 5: This ordinance shall be in full force and effect from and after its passage,
approval and publication, as provided by law.
Passed this 15th day of March 2021.
Ayes Nays Absent Abstain
Alderman Devine _____ _____ _____ _____
Alderman Glab _____ _____ _____ _____
Alderman Harding _____ _____ _____ _____
Alderman Mihevc _____ _____ _____ _____
Alderwoman Miller _____ _____ _____ _____
Alderman Santi _____ _____ _____ _____
Alderman Schaefer _____ _____ _____ _____
______________________ ________________________
Wayne Jett, Mayor Monte Johnson, Deputy City Clerk
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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
CONSENT AGENDA
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
FOR: March 15, 2021 Regular City Council Meeting
RE: Farm Lease Agreements
ATT: Lease Agreement w/David Laufer (former Levy Property)
Lease Agreement w/ Bauer Family (Petersen Farm)
Lease Agreement w Charles Schaefer (Riverside Hollow Property)
Lease Agreement w Charles Schaefer (Petersen Ballfield Annex Property)
Lease Agreement w Charles Schaefer (Curran Road Property)
Following are recommendations to renew two of the tenant farm lease agreements for properties owned by
the City of McHenry. The term for each lease is one-year commencing on March 1, 2021, to February 28,
2022. Staff proposes to freeze the rent for the upcoming year. Despite the average land lease rate of $212
per acre for McHenry County, the corn yield prices from the acreage has decreased dramatically over the
past couple of years.
Laufer Lease (Levy Property). Attached is a lease agreement with Mr. Laufer to farm approximately 24.5
acres. Staff proposes a price per acre of $123, for a total of $3,014 for the term of the lease.
Bauer Family Lease. Attached is a lease agreement to farm approximately 58-acres with Kevin Bauer and
his mother Georgia Bauer. The city first leased this property to the Bauer Family in 2015. Staff proposes
a price per acre of $173.25, for an annual payment of $10,048.50.
Schaefer Lease (Riverside Hollow Property). Attached is a lease agreeme nt with Mr. Schaefer to farm
approximately 12 acres. Staff proposes a price per acre of $110, for a total of $1,320 for the term of the
lease.
Schaefer Lease (Petersen Ballfield Annex Property). Attached is a lease agreement with Mr. Schaefer to
farm approximately 20 acres. Staff proposes a price per acre of $123, for a total of $2,460 for the term of
the lease.
Schaefer Lease (Curran Road Property). Attached is a lease agreement with Mr. Schaefer to farm
approximately 9 acres. Staff proposes a total of $500 for the term of the lease. The City is honoring a
previous lease that was in place.
If Council concurs, it is recommended to consider a motion to enter into the attached lease
agreements as presented.
4040
LAUFER LEASE AGREEMENT
This Lease Agreement, made and entered into this 1st day of March 2021, by and between the
City of McHenry, 333 S. Green Street, McHenry, Illinois hereinafter referred to as ”Lessor,” and David
Laufer , hereinafter referred to as “Lessee.”
RECITALS
WHEREAS, Lessor is the legal owner of the following described real estate: approximately 24.5
acres located in the NE ¼ of the NW ¼ of Section 33, McHenry Township (T.45N. -R.8E.), (PIN 09-33-
100-003) located in the County of McHenry, State of Illinois, and more fully described in the attached
Exhibit A (the “Premises”).
WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the
Premises.
Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I. Term. This Lease Agreement shall commence on the 1st day of March 2021, and end on the
28th day of February 2022. Lessee covenants with Lessor, that at the expiration of the term of this Lease
Agreement, he will yield up the possession of the Premises to Lessor without further demand or notice, in
as good order and condition as when this Lease Agreement was entered upon by Lessee, ordinary wear
excepted.
II. Rent. Lessee agrees to pay Lessor rent in the amount of $123 per acre for a total of $3,014,
payable on November 1, 2021. In the event any payment of Rent is received by Lessor more than five (5)
days after such Rent payment is due, such payment shall include a late payment penalty in an amount
equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent.
III. Use of the Premises. Lessee may use the Premises for farming purposes only.
IV. Obligations of Lessee. It is further expressly understood and agreed between the parties
hereto, as follows:
1.Lessee shall not to burn anything on said Premises.
2.Lessee shall use the premises solely for agricultural purposes. Animals and
livestock will not be permitted on said premises.
3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be
planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary
ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement.
4. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any
of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet
said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement
shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the
right to take possession of said Premises, using such force as may be necessary, with or without process
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2
of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement
shall be added to and become a part of the rent, recoverable as rent.
5. Lessor reserves the right for itself, its employees, and its officers assigns or respective
buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or
improvements thereon.
6. Lessor reserves the right to terminate this lease without notice to Lessee relative to all
or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease
Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being
removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said
crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo,
Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If
the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party
will secure a representative who will be designated to resolve any disputes. The decision of the
representatives will be final and binding on both parties. Failure of the representatives to agree shall
qualify either party to file suit to resolve the issues.
7. Lessee agrees to follow present soil conservation practices as required for by the Soil
Conservation Service for McHenry County to control soil loss.
8. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use
any hazardous materials, the cost of cleanup will be paid by the Lessee. Lessor may initially pay, at its
discretion for any cleanup however Lessee shall reimburse Lessor for any costs incurred in the cleanup
process. Any damage stemming from use of hazardous materials shall be construed as a material breach
of this lease and shall be added to and become part of the rent, recoverable as rent.
V. Entire Agreement. This Lease Agreement contains the entire understanding between the
parties and supersedes any prior understandings or agreements between them respecting the subject
matter. No representations, arrangements, or understandings except those fully expressed herein are, or
shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to
the terms of this lease shall be made or be binding unless made in writing and signed by each of the
parties.
VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this
Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from
any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses
(including court costs, attorney fees, and costs of investigation) resulting from a breach by Lessee of any
provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the
Premises, or arising from any personal injury occurring on the Premises during the term of this Lease
Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the
termination of this Lease Agreement.
VIII. Notices. All notices, requests and other writings required under this Lease Agreement
(including any notices of renewal, or termination rights) must be in writing and shall be deemed validly
given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by
certified mail, return receipt requested, addressed to the other party as follows:
If to Lessor: Attn: Bill Hobson
4242
3
The City of McHenry
333 South Green Street
McHenry, IL 60050
If to Lessee: David Laufer
IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year
first above written.
Lessor Lessee
THE CITY OF MCHENRY DAVID C. LAUFER
By__________________________________ By:________________________________
Wayne Jett, Mayor David C. Laufer
4343
BAUER LEASE AGREEMENT
This Lease Agreement made and entered into this 1st day of March 2021, by and between the City
of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Kevin E. Bauer, 4803 Barnard Mill
Road and Steven R. Bauer (“Lessees”).
RECITALS
WHEREAS, Lessor is the legal owner of the land, being a portion of the Petersen Farm in
McHenry, Illinois, for farming purposes only containing approximately 58 acres as described in the
attached site plan, Exhibit A (the “Premises”).
WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the
Premises.
Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I. Term. This Lease Agreement shall commence on March 1, 2021 and end on February 28,
2022. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will
yield up the possession of the Premises to Lessor without further demand or notice, in as good order and
condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted.
II. Rent. Lessee agrees to pay Lessor Rent in the amount of $173.25 per acre for a total of
$10,048.50, payable on November 1, 2021. In the event any payment of Rent is received by Lessor more
than five (5) days after such Rent payment is due, such payment shall include a late payment penalty in an
amount equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent.
III. Use of the Premises. Lessee may use the Premises for farming purposes only.
IV. Obligations of Lessee. It is further expressly understood and agreed between the parties
hereto, as follows:
1. Lessee shall not to burn anything on said Premises.
2.Lessee shall use the premises solely for agricultural purposes. Animals and livestock
will not be permitted on said premises.
3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be
planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary
ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement.
4. Lessee shall keep said Premises, including the hedges and fences, in proper and
necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and
4444
2
necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor
immediately.
5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any
of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet
said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement
shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the
right to take possession of said Premises, using such force as may be necessary, with or without process
of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement
shall be added to and become a part of the rent, recoverable as rent.
6. Lessor reserves the right for itself, its employees, and its officers assigns or respective
buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or
improvements thereon.
7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all
or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease
Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being
removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said
crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo,
Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If
the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party
will secure a representative who will be designated to resolve any disputes. The decision of the
representatives will be final and binding on both parties. Failure of the representatives to agree shall
qualify either party to file suit to resolve the issues.
8. Lessee agrees to follow present soil conservation practices as required for by the Soil
Conservation Service for McHenry County to control soil loss.
9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use
any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its
discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up
process. Any damage stemming from use of hazardous materials shall be construed as a material breach
of this lease and shall be added to and become part of the rent, recoverable as rent.
V. Entire Agreement. This Lease Agreement contains the entire understanding between the
parties and supercedes any prior understandings or agreements between them respecting the subject
matter. No representations, arrangements, or understandings except those fully expressed herein, are, or
shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to
the terms of this lease shall be made or be binding unless made in writing and signed by each of the
parties.
VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this
Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from
any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses
(including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of
any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the
4545
3
Premises, or arising from any personal injury occurring on the Premises during the term of this Lease
Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the
termination of this Lease Agreement.
VIII. Notices. All notices, requests and other writings required under this Lease Agreement
(including any notices of renewal, or termination rights) must be in writing and shall be deemed validly
given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by
certified mail, return receipt requested, addressed to the other party as follows:
If to Lessor: Attn: Bill Hobson
The City of McHenry
333 South Green Street
McHenry, IL 60050
If to Lessee: Kevin E. Bauer
Steven R. Bauer
4803 Barnard Mill Road
Ringwood, Illinois 60072
IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year
first above written.
Lessor: Lessee:
THE CITY OF MCHENRY
By__________________________________ By:________________________________
Wayne Jett, Mayor Kevin E. Bauer
By: _____________________________
Steven R. Bauer
4646
SCHAEFER LEASE AGREEMENT
This Lease Agreement made and entered into this 1st day of March 2021, by and between the City
of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Charles Schaefer (“Lessee”).
RECITALS
WHEREAS, Lessor is the legal owner of the land, being a portion of the Riverside Hollow farm
property in McHenry, Illinois, for farming purposes only containing approximately 12 acres as described
in the attached site plan, Exhibit A (the “Premises”).
WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the
Premises.
Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I. Term. This Lease Agreement shall commence on March 1, 2021 and end on February 28,
2022. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will
yield up the possession of the Premises to Lessor without further demand or notice, in as good order and
condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted.
II. Rent. Lessee agrees to pay Lessor Rent in the amount of $110 per acre for a total of $1,320,
payable on November 1, 2021. In the event any payment of Rent is received by Lessor more than five (5)
days after such Rent payment is due, such payment shall include a late payment penalty in an amount
equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent.
III. Use of the Premises. Lessee may use the Premises for farming purposes only.
IV. Obligations of Lessee. It is further expressly understood and agreed between the parties
hereto, as follows:
1. Lessee shall not to burn anything on said Premises.
2.Lessee shall use the premises solely for agricultural purposes. Animals and livestock
will not be permitted on said premises.
3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be
planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary
ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement.
4. Lessee shall keep said Premises, including the hedges and fences, in proper and
necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and
necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor
immediately.
4747
2
5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any
of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet
said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement
shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the
right to take possession of said Premises, using such force as may be necessary, with or without process
of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement
shall be added to and become a part of the rent, recoverable as rent.
6. Lessor reserves the right for itself, its employees, and its officers assigns or respective
buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or
improvements thereon.
7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all
or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease
Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being
removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said
crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo,
Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If
the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party
will secure a representative who will be designated to resolve any disputes. The decision of the
representatives will be final and binding on both parties. Failure of the representatives to agree shall
qualify either party to file suit to resolve the issues.
8. Lessee agrees to follow present soil conservation practices as required for by the Soil
Conservation Service for McHenry County to control soil loss.
9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use
any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its
discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up
process. Any damage stemming from use of hazardous materials shall be construed as a material breach
of this lease and shall be added to and become part of the rent, recoverable as rent.
V. Entire Agreement. This Lease Agreement contains the entire understanding between the
parties and supercedes any prior understandings or agreements between them respecting the subject
matter. No representations, arrangements, or understandings except those fully expressed herein, are, or
shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to
the terms of this lease shall be made or be binding unless made in writing and signed by each of the
parties.
VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this
Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from
any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses
(including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of
any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the
Premises, or arising from any personal injury occurring on the Premises during the term of this Lease
4848
3
Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the
termination of this Lease Agreement.
VIII. Notices. All notices, requests and other writings required under this Lease Agreement
(including any notices of renewal, or termination rights) must be in writing and shall be deemed validly
given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by
certified mail, return receipt requested, addressed to the other party as follows:
If to Lessor: Attn: Bill Hobson
The City of McHenry
333 South Green Street
McHenry, IL 60050
If to Lessee: Charles Schaefer
IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year
first above written.
Lessor: Lessee:
THE CITY OF MCHENRY
By__________________________________ By:________________________________
Wayne Jett, Mayor Charles Schaefer
4949
SCHAEFER LEASE AGREEMENT
This Lease Agreement made and entered into this 1st day of March 2021, by and between the City
of McHenry, 333 S. Green Street, McHenry, Illinois (“Lessor”), and Charles Schaefer (“Lessee”).
RECITALS
WHEREAS, Lessor is the legal owner of the land, being a portion of Petersen Park Ballfield
Annex property in McHenry, Illinois, for farming purposes only containing approximately 20 acres as
described in the attached site plan, Exhibit A (the “Premises”).
WHEREAS, Lessor wishes to lease to Lessee, and the Lessee wishes to lease from Lessor, the
Premises.
Now, therefore, in exchange for the mutual covenants and conditions expressed herein, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I. Term. This Lease Agreement shall commence on March 1, 2021 and end on February 28,
2022. Lessee covenants with Lessor, that at the expiration of the term of this Lease Agreement, he will
yield up the possession of the Premises to Lessor without further demand or notice, in as good order and
condition as when this Lease Agreement was entered upon by Lessee, ordinary wear excepted.
II. Rent. Lessee agrees to pay Lessor Rent in the amount of $123 per acre for a total of $2,460,
payable on November 1, 2021. In the event any payment of Rent is received by Lessor more than five (5)
days after such Rent payment is due, such payment shall include a late payment penalty in an amount
equal to five percent (5%) of the Rent due each day thereafter that such payment is delinquent.
III. Use of the Premises. Lessee may use the Premises for farming purposes only.
IV. Obligations of Lessee. It is further expressly understood and agreed between the parties
hereto, as follows:
1. Lessee shall not to burn anything on said Premises.
2.Lessee shall use the premises solely for agricultural purposes. Animals and livestock
will not be permitted on said premises.
3. Lessee shall preserve and keep the trees, vines and shrubbery that now are or shall be
planted on the Premises, from injury by ploughing, or from animals and further, to keep all necessary
ditches and drains ploughed and cleaned out during the continuance of this Lease Agreement.
4. Lessee shall keep said Premises, including the hedges and fences, in proper and
necessary repair. If Lessee fails to do so, Lessor may enter upon the Premises and make all proper and
necessary repairs, and the cost thereof shall be additional rent, due and owing from Lessee to Lessor
immediately.
5050
2
5. If Lessee shall fail to cultivate said Premises as herein agreed, or shall fail to keep any
of the covenants contained in this Lease Agreement, or shall assign this Lease Agreement, or shall sublet
said Premises, or any part thereof, without the prior written consent of Lessor, then this Lease Agreement
shall, at the election of the Lessor, be null and void, and Lessor, or his legal representative, shall have the
right to take possession of said Premises, using such force as may be necessary, with or without process
of law; and all damage growing out of a failure to perform any of the covenants of this Lease Agreement
shall be added to and become a part of the rent, recoverable as rent.
6. Lessor reserves the right for itself, its employees, and its officers assigns or respective
buyers to enter upon said Premises at any time, for the purpose of viewing same or making repairs or
improvements thereon.
7. Lessor reserves the right to terminate this lease without notice to Lessee relative to all
or part of the Premises for any reason whatsoever. Said portion of the land removed from this Lease
Agreement will result in reduced Rent on a prorated basis. If there are crops on the Premises being
removed from this Lease Agreement, Lessor shall pay Lessee the fair market value per bushel of said
crops as of the date of said crops removal as established by the Stade Grain Company located in Marengo,
Illinois, or a similar grain company located in McHenry County, Illinois, as agreed to by the parties. If
the Lessor and Lessee are unable to reach an agreement as to the compensation due Lessee, each party
will secure a representative who will be designated to resolve any disputes. The decision of the
representatives will be final and binding on both parties. Failure of the representatives to agree shall
qualify either party to file suit to resolve the issues.
8. Lessee agrees to follow present soil conservation practices as required for by the Soil
Conservation Service for McHenry County to control soil loss.
9. Lessee agrees not to use any hazardous materials on said Premises. If Lessee does use
any hazardous materials, the cost of clean up will be paid by the Lessee. Lessor may initially pay, at its
discretion for any clean up; however; Lessee shall reimburse Lessor for any costs incurred in the clean up
process. Any damage stemming from use of hazardous materials shall be construed as a material breach
of this lease and shall be added to and become part of the rent, recoverable as rent.
V. Entire Agreement. This Lease Agreement contains the entire understanding between the
parties and supercedes any prior understandings or agreements between them respecting the subject
matter. No representations, arrangements, or understandings except those fully expressed herein, are, or
shall be binding upon the parties. No changes, alterations, modifications, additions or qualifications to
the terms of this lease shall be made or be binding unless made in writing and signed by each of the
parties.
VI. Attorney’s Fees. The prevailing party in any action or proceeding to enforce the terms of this
Lease Agreement shall be entitled to receive its reasonable attorneys’ fees and other reasonable
enforcement costs and expenses from the non-prevailing party.
VII. Hold Harmless. The Lessee agrees to indemnify, defend, and hold the Lessor harmless from
any and all liabilities, claims, demands, suits, damages, actions, recoveries, judgments and expenses
(including court costs, attorney’s fee’s, and costs of investigation) resulting from a breach by Lessee of
any provision contained in this Lease Agreement, resulting in any way from Lessee’s occupancy of the
Premises, or arising from any personal injury occurring on the Premises during the term of this Lease
5151
3
Agreement. The provisions, undertakings, and indemnifications set out in this Section 7 shall survive the
termination of this Lease Agreement.
VIII. Notices. All notices, requests and other writings required under this Lease Agreement
(including any notices of renewal, or termination rights) must be in writing and shall be deemed validly
given upon the earlier of (i) actual receipt or (ii) the second business day after the date posted if sent by
certified mail, return receipt requested, addressed to the other party as follows:
If to Lessor: Attn: Bill Hobson
The City of McHenry
333 South Green Street
McHenry, IL 60050
If to Lessee: Charles Schaefer
IN WITNESS WHEREOF, We have hereunto set our hands and seals, the day and year
first above written.
Lessor: Lessee:
THE CITY OF MCHENRY
By__________________________________ By:________________________________
Wayne Jett, Mayor Charles Schaefer
5252
LEASE
This Lease is entered into on March 1, 2021, between the City of McHenry, an Illinois municipal
corporation (the “City”), and Charles Schaefer (“Tenant”), pursuant to 65 ILCS 5/11-76-1.
RECITALS
WHEREAS, concurrently with the execution of this Lease, the City is purchasing certain vacant real
estate from Richard Tannebaum (“Seller”) commonly known as approximately 32 acres located at the
southwest corner of Curran Road and IL St. Rt. 120 in McHenry, McHenry County, Illinois, and depicted
on Exhibit A, attached (the “Property”).
WHEREAS, prior to the date hereof, Tenant and Seller had a verbal lease to farm approximately 9
acres of the Property, as depicted on Exhibit B, attached (the “Farm”) at the rate of $500.00 per season.
WHEREAS, the City agrees to continue to lease the Farm to Tenant upon the same terms as Seller
previously had with Tenant, but now committed to writing in this Lease.
NOW THEREFORE, in consideration of this Agreement, the City and Tenant agree as follows:
1.TERM OF LEASE. The term of this Lease will be for the planting and harvest season of calendar
year 2021. Tenant shall have possession of the Farm for the sole purpose of planting and harvesting
crops beginning on the execution of the Lease and shall surrender possession and occupancy of the
Farm peaceably at the end of the 2021 harvest season, but not later than December 1, 2021.
2.PAYMENT OF RENT. Tenant shall pay the City $500.00 per year for rent.
3.LIABILITY INSURANCE. Tenant shall, at Tenant’s sole cost, during the entire term hereof, keep
in full force and effect a policy of premises liability or an umbrella policy, and property damage
insurance with respect to the Farm any other occupant of the Farm, in which the limits of liability
shall not be less than $1 million per occurrence. The policy shall name the City and its officers,
employees, attorneys, legal representatives, and agents as additional insureds and shall contain a
clause that the insurer will not cancel or change the insurance without first giving the City thirty
(30) days’ prior written notice thereof.
4.HOLD HARMLESS. Tenant hereby expressly releases the City from any and all liability for any
damages or injury to Tenant, or to any property, occurring on the Farm unless such damage is the
direct result of the negligence or unlawful act of the City or City’s agent. Except only to the extent
otherwise prohibited by law, Tenant covenants and agrees to indemnify and hold harmless the City
and its officers, employees, attorneys, legal representatives, and agents from any and all losses,
claims, damages, costs, or expenses, including attorneys’ fees, the Landlord may be required to pay
as a result of acts and/or omissions of the Tenant or any agent, employee or subcontractor of the
Tenant, and for any operations or obligations contemplated by this Agreement, breach of this
Agreement, or any other negligence or wrongful conduct.
5.PROPERTY RIGHTS.
5.1 Right to Entry. The City reserve the right by and through its employees, agents, or assigns,
to enter the farm at any reasonable time for purposes of (a) consulting with Tenant; (b)
making repairs, improvements, and inspections; (c) developing mineral resources; or (d)
5353
2
after notice of termination of the lease is given, plowing, seeding, fertilizing and other
customary seasonal work, none of which is to interfere with the tenant in carrying out
regular farm operations.
5.2 Transfer of Farm. If the City sells or otherwise transfers title to the Farm, the City will
do so subject to the provisions of this Lease.
5.3 Heirs and Successors. The terms of this Lease will be binding on the heirs, executors,
administrators and successors of the City and Tenant in the same manner as on the original
parties. However, in the event the Lease is for more than one year, the heirs or successors
will have the option to give written notice of termination effective at the end of the lease
year in which the death occurs.
5.4 Right to Lease. The City warrants that it has the right to lease the Farm, and will defend
the Tenant’s possession against any and all persons whomsoever.
6. CITY PROJECTS. Tenant agrees that it will reasonably accommodate the City while the City
undergoes projects adjacent and abutting the Farm, including, but not limited to reasonable
temporary storage of vehicles and materials.
7. IMPROVING, CONSERVING, AND MAINTAINING THE FARM.
7.1 General Maintenance. Tenant will maintain the Farm during the tenancy in as good
condition as at the beginning, normal wear and depreciation and damage from causes
beyond the tenant’s control expected.
7.2 Good Husbandry. Tenant will operate the Farm with reasonable care, and will do the
plowing, seeding, cultivating, and harvesting in a manner that will conserve the City’s
property.
7.3 Cropping Practices. Tenant will not, without written consent of the City, (a) plow
permanent pasture or meadowland, (b) cut live trees for sale or personal uses, or (c) burn
crop residues on the Farm.
7.4 Manure and Crop Residue. Tenant will spread the manure, straw, or other crop residues
on the Farm as soon as practicable.
7.5 Waste. Tenant will not commit waste on, or damage to, the farm and will use due care to
prevent others from doing so.
7.6 Noxious Weeds. Tenant will use diligence to prevent noxious weeds from going to seed
on the Farm and will destroy the same, and will keep the weeds and grass cut or destroyed
on the fields, farmstead, roadside, and fence rows. Treatment and cost of treating weed
infestation shall be handled by Tenant.
7.7 Improvements. Tenant will not, without written consent of the City, (a) erect or permit to
be erected on the Farm any non-removable structure or building, or (b) add electrical
wiring, plumbing, or heating.
5454
3
8. RELEASE OF FORMER OWNER. Tenant agrees to release Seller, and any of his successors or
assigns, from any further responsibility or liability resulting from any past written or verbal lease
agreements concerning the Farm.
9. MISCELLANEOUS PROVISIONS.
9.1 No Partnership Created. This Lease will not be deemed to give rise to a partnership.
9.2 Entire Agreement. This document constitutes the entire Lease agreement between the
City and Tenant.
9.3 Disputes. City and Tenant hereby submit to the jurisdiction of McHenry County, Illinois
and the Federal Circuit Courts of the Northern District of Illinois, as applicable.
City and Tenant have executed this Agreement effective as of the date first written above.
CITY: TENANT:
City of McHenry
By:____________________________________ By: ___________________________________
Wayne Jett, Mayor Charles Schaefer
Z:\M\McHenryCityof\CurranRdPurchase\Lease and Release.docx
5555
City of McHenry Council
Meeting Minutes
3.1.21
1
AGENDA
REGULAR CITY COUNCIL MEETING
Monday, March 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/91004217000
Or call 312-626-6799, Meeting ID: 910 0421 7000
Call to Order: The City Council of the City of McHenry, Illinois, met in regular session on
Monday, March 1, 2021, 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-absent, 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: Administrator Morefield led the pledge.
Public Comments: Several residents attended the zoom meeting regarding concerns about
Blake Farms, an undecided future Apartment Complex, by Continental. Many concerns had
been communicated in writing and Administrator Morefield had shared those comments with
The City Council before the meeting.
Kristine Reinhart, Keith Barkalis, and Scott Thompson, Sam Catalano, were present on the call
and were given three minutes for public comments.
Directory Polerecky concluded by explaining that there was no previous knowledge to The
Council until the day before, that the property in question was sold, however there is currently
soil sampling going on before the apartment complex would even come to fruition. The next
step for Continental Properties will be to submit a formal application, then it goes to public
zoning and hearing; next a formal proposal will be presented to The Council for the
recommendation, action is then taken at that time. This is in conceptual review phase and the
formal proposal has not been presented to The Council.
Consent Agenda: Motion to Approve the following Consent Agenda Items:6.A.
A. Resolution Authorizing the Deputy City Clerk to Update the Official Zoning Map and to
Publish a Notice of the Zoning Map Update; (Deputy City Clerk Johnson)
B. Mayor’s Execution of Intergovernmental Agreements for Dispatch Services between the
City of McHenry and the Marengo Rescue Squad District, Marengo Fire Protection
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District, Union Fire Protection District, Harvard Fire Protection District, and Johnsburg
Police Department; (Police Chief Birk)
C. Authorization to enter into a Commercial Tenant Incentive Grant Program agreement
with El Gordo Mexican Restaurant, located at 929 Front Street, in the amount of
$10,000; (Economic Development Director Martin)
D. Approval of the use of Petersen Park, a Special Event Liquor License, a 50% reduction
in city services, and permission to post temporary advertising signage in municipal right-
of-ways for the McHenry Rotary Club Blues Brews and BBQs Festival; (Parks and
Recreation Director Hobson)
E. February 16, 2021 City Council Meeting Minutes;
F. Issuance of Checks in the amount of $191,561.53.
No public Comments
*Clerks Note-Alderman Schaefer joined meeting late.
A motion was made by Alderman Santi and seconded by Alderwoman Miller to approve
Consent 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.
Individual Action Item Agenda:
A. Motion to approve a Use Variation and Zoning Variations to allow 6 parking spaces in
lieu of the required 7.5 parking spaces, to allow a minimum lot width of 75 feet in lieu of
the required 200 feet, and any other variances needed to accommodate a 4-unit,
multifamily building at 3723 Grand Avenue. (City Planner Sheriff)
Alderwoman Miller, needs abstain because she represents this client, the buyer. City Planner
Sherriff explained this Individual Action Item. Alderman Schaefer stated that many people are
against this, another topic brought up for concern was drainage issues. Per Director Polerecky
during the building permitting process that is when they look at drainage issues. Alderman
Glab, explained the importance of communication with the city and our community, has no
problems with this. No public Comment.
A motion was made by Alderman Harding and seconded by Alderman Santi to approve
Individual Agenda Items as presented: Roll Call: Vote: 6-ayes: Alderman Santi, Alderman
Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, 0-nays,1-
abstained-Alderwoman Miller. Motion carried.
B. Motion to approve a Sign Variance to 3112 W. Lincoln Road (Munson Ski and Marine)
for two additional wall signs, not to exceed four wall signs, with a combined total of 144
square feet, and to allow for additional wall signs limited to 400 square feet on the south
and west elevations. (Community Development Director Polerecky)
Presented by Director Polerecky, Munsion Ski and Marine would like to advertise brand names
of their boats. They do not know what brands specifically yet that they will have, therefore,
asking for blanket advertising for now. Alderman Glab asked if the variance would stay if
property is sold, per Director Polerecky stated that language can be added if the use changes
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it could be null and void. Alderman Glab asked if they have outside storage, it was confirmed
yes. Alderwoman Miller, supported the signage placement. Alderman Santi asked for the
demolition time frame, per Director Polerecky, it could start this week, waiting for weather to
break, their goal is to open in May.
A moti on was made by Alderman Santi seconded by Alderman Glab to approve
Individual Agenda Items as presented: Roll Call: Vote: 7-ayes: Alderman Santi, Alderman
Glab, Alderman Schaefer, Alderman Harding, Alderman Mihevc, Alderman Devine, 0-nays,0-
abstained. Motion carried.
Discussion Items:
A. Discussion regarding permitting 6 video gaming terminals per establishment.
Administrator Morefield, stated that information has been supplied to The Council regarding
this. There was some discussion regarding this topic. Mayor Jett suggested reaching out to
businesses to see who would actually want to act on this. Many supported six as long as the
state was ok with it. Majority wanted to bring this topic back for further review.
Staff Reports:
A. Request to begin March 15th City Council Meeting at 6pm to accommodate a discussion
of the Draft FY21/22 Budget operating funds.
Per Administrator Morefield, stated that he wants permission to start this meeting earlier,
majority at least be for the budget. Yes, to the 6pm per The Council.
Mayor’s Report: None
City Council Comments: Alderman Glab, stated that they people were asking for there to be
a police satellite in the old abandoned bank building, located down the road from McHenry
West High School. This idea was brought in to him, may be something to review in the future
and that is why he presented this to The Council.
Executive Session if Needed: Not needed at this time.
Adjourn: A motion was made Alderman Santi and seconded by Alderman Schaefer to
adjourn the meeting at 8:06 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.
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Mayor Wayne Jett
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City Clerk Trisha Ramel
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