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Packet - 04/11/2011 - City Council
City of MCHenry, Aw„ 333 South Green Street www.ci.mchenry.il.us McHenry,Illinois 60050-5495 Ail Mayor's Office (815) 363-2108 Fax (815) 363-2119 AGENDA Administration REGULAR CITY COUNCIL MEETING (815) 363-2100 Monday, April 11 2011, 7:30 PM Fax (815) 363-2119 1. Call to Order Construction and Neighborhood Services 2 Roll Call (815) 363-2170 Fax (815) 363-2173 3. Public Input Session: 10 Minute Limitation Finance Department (815) 363-2100 4. Consent Agenda: Fax (815) 363-2119 A. Temporary use permit, Jewel/Osco Outdoor Garden Shop; B. Temporary use permit for construction trailer, 3901 Mercy Drive; Parks and Recreation C.- April 4, 2011 City Council meeting meetings; and (815) 363-2160 D. List of Bills. Fax (815) 363-3186 5. Temporary sign variance and request for wavier of permit fee, Steffan's Jewelers, 325 Police Non-Emergency North Front Street (815) 363-2200 Fax (815) 363-2149 6. Third Amendment to the Redevelopment Agreement for former Medical Arts building site Public Works 7. Mayor Statement and Reports (815) 363-2186 Fax (815) 363-2214 B Committee Reports 9. Staff Reports Mayor Susan E. Low 10. Future Agenda Items City Clerk 11. Adjournment Janice C. Jones Posted: April 7, 2011 Treasurer Steven C. Murgatroyd Aldermen WARD 1 Victor A. Santi WARD 2 Andrew A. Glab WARD 3 Jeffrey A. Schaefer WARD 4 Geoffrey T. Blake WARD 5 Richard W. Wimmer WARD 6 Robert J. Peterson WARD 7 Geri A. Condon COWENT AGENDA The Consent Agenda for the April 11, 2011, City Council meeting consists of the following items: A. Temporary use permit, Jewel/Osco Outdoor Garden Shop; B. Temporary use permit for construction"trailer, 3901 Mercy Drive; C. April 4, 2011 City Council meeting meetings; and D. List of Bills. CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 11, 2011 Regular City Council Meeting RE: Temporary Use Permit for Jewel-Osco's Expanded Outdoor Garden Shop ATT: Permit Application Location of proposed garden display area Background. Jewel-Osco, located at 4222 Elm Street, is requesting a temporary use permit to allow the outdoor display of plants, flowers, and other garden accessories. Attached is a sketch depicting the outdoor merchandise display area on the west side of the building on the sidewalk area adjacent to the store entrance. Analysis. Similar to Wal-Mart and Home Depot Jewel-Osco has been doing this for many years and is requesting permission for the outdoor display from April 18 through June 25, 2011. Recommendation. Staff has no concerns with this and recommends approval as presented. CITY OF MCHENRY PERMIT NO. TEMPORARY USE PERMIT APPLICATION OFFICE USE ONLY APPLICANT��N��AME: �9iii°,V'1 Pj _D -co ZONING DIST: ADDRESS: `-!)w L 1m S- ee:— � tR ?� Construction and 1'n/� � ' � / Neighborhood Services (Cit)') N,(:�lvfl��t (State:) �L (Zip:) &oos-) PHONE:(811; ) '?,W�� ' (�f}'� MOBILE:( ) MAR 2 8 2011 FAX: ( ) E-MAIL: 1$a �qj V l Com City of McHenry EVENTDATE(S)/HOURS: ` I ll 1�5111 W4 AD d�;� 5-6"? h ,o / PERMIT FEES EVENT ADDRESS:_�I���. 1;�M S�1'�P..�- , ,�G�trrr.�� �L 10�t.�1,) GENERAL EVENT DESCRIPTION: FEE: DEPOSIT: COPIES: EXISTING LAND USE: TOTAL: SETUP:(Date) I I + 1, TAKE DOWN:(Date)__LJLS �I� EXPIRATION DATE: OPEN TO PUBLIC: YES: ]NO [](Invitation only) ATTENDANCE(Projected) I COUNCIL ACTION: ADMISSION FEE: YES: ❑$ NONE DATE: PARKING: NO.OF VEHICLES: SELF❑VALET ❑REMOTE/SHUTTLE ❑ APPROVED ❑ DENIED ❑ MUSIC: NONE ❑YES ❑(Ifyes) ACOUSTIC ❑AMPLIFIED ❑ W/CONDITIONS : YES ❑NO: ❑ TEMPORARY STRUCTURES: NO ❑YES V(Ifyes,indicate number,size,and type) WILL EVENT BE ADVERTISED?: NO: 0 YES:❑ (Ifyes,indicate where and how) PYROTECHNICS: NO:OYES: ❑(If yes describe) SUBMITTAL CHECKLIST l Completed temporary use permit application. (including property owner signature). �] Two copies of site plan showing event layout, location of all structures(existing and/or temporary), property lines, abutting streets, ingress/egress. ❑ Two copies of a parking plan including on site and/or remote parking/shuttle. ❑ Completed sign permit application, if applicable. I HEREBY CERTIFY THAT ALL INFORMATION CONTAINED HEREIN IS ACCURATE AND TRUE AND THAT I WILL ABIDE BY ALL CITY OF MCHENRY ORDINANCES AND CODES RELATING TO THE ISSUANCE OF THIS TEMPORARY USE PERMIT. SIGNED: DATE: (OWNER OR AUTHORIZED AGENT) SIGNED: DATE: (PROPERTY OWNER) THIS PERMIT IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CONFORM IN ALI.RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHENRY AS NOW IN FORCE. DATE: (DIRECTOR„CONSTRUCTION AND NEIGHBORHOOD SERVICES 333 S.GREEN STREET MCHENRY ILLINOIS 60050 (815)363-2170 d i t a� V 1 A �..wMYNM� Y d r CONSENT AGENDA TO: Mayor and City Council FROM: Douglas Martin, Deputy City Administrator FOR: April 11, 2011 Regular City Council Meeting RE: Temporary Use Permit for Shaces McNutt Construction ATT: Permit Application Plat of Survey with proposed construction trailer location Background. Shaces McNutt Construction is requesting a temporary use permit to allow a 10' X 40' construction office trailer at 3901 Mercy Drive, future site of the Mercy Medical System affordable health care facility. Analysis. The location of the construction trailer is depicted on the attached survey and the request is to have the trailer installed immediately and kept in place until late September 2011. Staff has no concerns with this request. Recommendation. Staff recommends approval of a temporary use permit for placement of a construction trailer as depicted on the attached survey effective immediately through late September 2011: CITY OF MCHENRY PERMIT NO. TEMPORARY USE PERMIT APPLICATION OFFICE USE ONLY APPLICANT NAM ZONING DIST: I ADDRESS; (City:) I (State:} __(Zip:) construction a€<l Neighbar4tvnt1 5)0eY '@ PHON Z�'--(7(1- MOBILE: ,( -C7Q — FAX: '•tip E-MAIL: d6 t�IMAR 3-1 Q�� g EVENT DATE(S)MOURS: . City of McHenry PERMIT FEES EVENT ADDRESS: I GENERAL EVENT DESCRIPTION: FEE: DEPOSIT: COPIES: EXISTING LAND USE: j ^ TOTAL: { SETUP:(Date) TAKE DOWN:(Date) — EXPIRATION DATE: OPEN TO PUBLIC: YES:❑NOvitatian only ATTEN ANCE(Projected) COUNCIL ACTION: ADMISSION FEE: YES: ❑$ NONE � J� DATE: � } PARKING: NO.OF VEHICLES: _L�f,LIE� SELF❑VALET❑REMOTE/SHUTTLE ❑ APPROVED ❑ DENIED ❑ MUSIC: NONE ES ❑(Iryes) ACOUSTIC ❑AMPLIFIED ❑ W/CONDITIONS:YES❑NO: ❑ TEMPORARY STRUCTU ES: NO ❑YES (If yes,indicate num r,size,and type} I WILL EVENT BE ADVERTISED?: NO:X'ES:❑ (Ifyes,indicate where and how) i s` I 1 PYROTECHNICS: NO: YES: ❑(Ifyes describe) SUBMITTAL CHECKLIST ❑ Completed temporary use permit application. (including property owner signature). ❑ Two copies of site plan showing event layout, location of all structures (existing and/or temporary),property 1 ines,abutting streets, ingress/egress. 0 Two copies of a parking plan including on site and/or remote parking/shuttle. ❑ Completed sign permit application,if applicable. I HEREBY CERTIFY THAT ALL INFORMATIO14 CONT M HEREIN IS ACCURATE AND TRUE AND THAT I WILL ABIDE BY ALL CITY OF MCHENRY ORDINANCES AND CO RELATINGTOT ISS N FTHISTEMPORARYUSEPERMIT. SIGN DATE: - (OWNER OR THORIZED AG - — _, _— G ' SIGNED: DATE: (PROPERTY O R) THIS PERMIT IS GRANTED AND ACCEPTED WITH THE EXPRESS UNDERSTANDING AND AGREEMENT THAT SAID TEMPORARY USE SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF MCHRNRY AS NOW IN FORCE. i DATE: (DIRECTOR„CONSTRUCTION AND NEIGHBORHOOD SERVICES 333 S.GREEN STREET McHENRY ILLINOIS 60050 (915)363-2I70 1 � . 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Z LOT r I I I I I LOT N i I I .A I gg I ———————————— ———— €LA I Ik 1— / wrAr b�° 3 MERCY �� s.� ---- --------- � —i a� —L — LOT S \ 33,Ta ea Et. 2 123 \ I- I I .. t � I e 60 I ' 2b I I NA I pELI1\rE I I I I w J aMaaTE aM1�I.J I 4 I S r r�~olAe'y I r 8h� I DnwRar Asa y. I I 'hp I OOTLOTL DETENTION BASIN AL ` I I I AE.Dvr o I �I aF ROSSIMN..r � 1.AR MEETING c"enN City RE ApR11.4,2p11 meeting °f tte IB b,Schae tY April 4, 2011 en;San Were eduled Alderm ce H°bson, ere the foiloW06 attend . regularly sch Also %n Administrator Director called the ce w Absent; None' hborhood Services Mayor LoW 1n 3%.%. a don ,n, Assistant Chief of er at 7.30 P•m' and Con Mart Ne1g Merke , cif to ord rson, ministrator nand Director Coun mer, Pete utY City Ad Constructio Recreation Blake, W,m McArdle, Black Dep Schmitt, Parks ADOPTED BY a Administrator City Attorney ctor es, Works Dire pGREEMENj City Clerk Lon public alenberg, Pieper. I.ANG ANNEXA�ON soj ROB Schvw City Eng,neer 11p7 police lone5t to - TED AT 7 LOCA AMENDMENT SHE PROPER Group PUB 1.►C HEARIN�� pA2-1105 FOR fang Auto ORDINAL aEttend ORe was Gary Lang°f GaN re riling the Blake, to open the Public Hearing 8a Wimme,, seconded by Annexation A�ment at 7:30 p•m. Motion by Lang Annexa . proposed amendment to the Gary ke,Wim` r�Peterson,GO�do�• Voting Aye' Santi, Glab,Schaefer,Bla Voting Nay'. None. Absent' None. Motion carried. Mayor Low opened the Public Hearingit7.30 P.M. Deputy Administrator Martin stated,the matter bef Council for considerapon this evening is for a proposed amendment to the Wry Lanl3 ion Agreement regarding �• allowable signage to be displayed on the premises end the req contribution of$21=1 for the waiver of sidewalk installation on the site. Staff hos revie the requested a111a1idf11k1its and notes three signage package options have been brought fo • 1. wall signs on the building for the import building; 2. Exhibit Plan A:freestanding signs; I Exhibit Plan B:alternate plan for freestandf signs. Deputy Administrator Martin stated it is Staf endati t.B for freestanding signs. Additionally, the amendme the annexa approve Exhibit plan for the deferral of the required payment of $21,000 a waiver agreement per,; along Route 31 until the building to be constructed on has been of�Ited. of sidewalks corgpkted. Mayor low opened the floor to questions and c ents from the CR1r Council. Alderman Schaefer noted he had questions reg plan A and PI Deputy Administrator Martin stated Staff supports Play Pla i an an 8 Sign packages. signs. Plan A includes four freestandinE siens. Alder es thrpo Regular page 2 Meeting Apr114 2011 f d estand�nb'si l vrdu4 Marketing gns ore necessa p Alderm f the different brwn Which Mr, Lan electron Adm;nistr Santi inquir ds' g responded the si ctronic message Signs gntor �art►n repot if here was a tl gns are a Preference f Alderman other than the d there are Current/nformat for electronic for altern alver of s►dew d°n stated lk - she signs cannot present' tro format st message sign would supds port She noted her stallation She nO pro6/em re arc hazard or fly h in place for port one but concern ;s also stated gard;ng the def k. t not t with so she had errant Ald w°additional electronic many electronic d no issues with f Plan$21.000 Sid erman Glab not ctronic messy In signs. lan B sidewalk installs ' age signs, gns• She stated she n develo t►°n, he feels r h rd►ng the e terms of th r. lhis matter was negotiated Is matter vase pal of the $21,000 e agreement, He got�ated with included in the payment for this time as re noted he Gary Lang and past agree "Waiver of required He would like should 'pent with the at $�1��00 to a fat He he could to see the be adhered to as Per later time, not support an amendment contributed to the Citythe deferring payment of the Alderman Glab stated he had no issue with the Lang explained the a design of the signs story of the sidewalk deferral g or the lot o b prior to the oCCu noting it was on P• Mr. PaneY of any new building on Lots 4 originally required to be paid requesting amendment to defer , 5, or 6 of the site. He explained he is Payment until prior to Occupancy new building on Lot 6. Alderman Glab noted the permit being issued for a for the waiver Of sidewalk insbNation and not a disc discussion as ement l to the payment of$ew lks should be instated or when they should be installed on the site. Alderman G�b er or not sidewalks he r would not ssapport tk amedment post stated he Postponing the payment of the $21,000 for waiver of sidewalk W019101L Alda1r,a Pherson opined in 2002 it was likely that more sidewalk surface could be purchased S,000 dw by today's standards. He suggested if the developer would like to a0tl1e amount �the City should keep up with today's costs defer the alor4 developer Route 31 frontage. ode to instal ' f.. Schaal Inquired-when the agreement was executed it stipulated the to paylbriilewalk installation on the subject premises or anywhere $21,OW wed be uti�ld tMartin responded the terms of the agreement specified DepAY Admi . within the CRY- ri installation of the sidewalks on the premises or pay the the per would e+h e S installation. S2�for the waiver of " in response to AldeovinWs inquiry, Deputy Administrator Martin stated the _,r%nnr,ed amendment would be )ied to the property identified in the agreement and not Regular Meeting Page 3 April 4,2011 Alderman Peterson stated he discussed with Director of Public Works Schmitt the cost by today's standards to install sidewalks along the Route 31 frontage of the subject property. Director Schmitt indicated the installation cost would be approximately$56,000. Mayor Low stated in light of the current economy, it is good that Mr. Lang's business is expanding. Alderman Condon expressed concern about the number of proposed additional signs. She stated she understands but sees each sign as a marketing tool for each separate business (i.e. automobile dealership). Alderman Condon noted regarding the deferral of the $21,000 payment for waiver of sidewalk installation, she understands the negotiation of a previous Council occurred, but noted there are no sidewalks installed anywhere in the vicinity. She stated she does not have an issue with deferring the payment of the$21,000 at this time. In response to Mayor Low's inquiry, there were no questions or comments from the public regarding this matter. In addition no written or verbal comments were received in the City Clerk's Office prior to this hearing. Mayor Low stated Council can choose to act on the proposed amendment to the annexation agreement this evening or bring it forward at a future Council meeting. City Administrator Black inquired if Council was satisfied with the language regarding the deferral of the $21,000 as submitted by the developer or should the language be modified to specify when the sidewalks should be constructed. Alderman Condon stated she understands the developer not wanting to pay the $21,000 for the installation of sidewalks as there are no existing sidewalks to the north or south of his property. She stated she would support an amendment requiring the installation of sidewalks by the property owner when sidewalks have been installed to the south of his property. Following the Mayor's inquiry, it was the consensus of Council to allow the developer to wait for the installation of sidewalks until such time as sidewalks are built on adjacent property to the south of Lots 5 and 6 or until Lots 5 and 6 are built-out, whichever comes first. It was also the consensus of Council that the amendments to the annexation agreement include language approving Plan B, freestanding sign alternative. This matter will come back to Council for consideration following language revisions as outlined by Council. Regular Meeting Page 4 April 4,2011 Motion by Condon, seconded by Wimmer,to close the Public Hearing at 8:01 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low closed the Public Hearing at 8:01 p.m. PUBLIC INPUT SESSION There was no one who signed in to speak during the Ten Minutes of Public Input. CONSENT AGENDA Alderman Santi left the Council Chambers at 8:02 p.m. Alderman Glab inquired if the ordinance has been changed regarding the outdoor display of garden centers, specifically as it relates to Consent Agenda Item C. Deputy Administrator Martin responded the Zoning Ordinance was amended to require all Temporary Use Permits to be presented to Council for approval. Motion by Blake, seconded by Wimmer,to approve the Consent Agenda as presented: A. Resolution in support of approval for Centegra Hospital-Huntley; B. Temporary Use Permit for modular unit—Gary Lang Auto Group,1107 5 Route 31; C. Temporary Use Permit for outdoor garden center display —Home Depot,2461 N Richmond Road; D. City Council Minutes: March 21,2011 regularly scheduled meeting; E. List of Bills: A-ABLE ALARM SERVICE INC 11.97 ACE TOWING & RECOVERY 132.00 ADAMS STEEL SERVICE INC 21.82 ADVANCED AUTOMATION AND 37,785.61 ADVANTAGE MECHANICAL INC 360.00 ANDERSON, LORI 251.88 ARAMARK 583.44 ARVIDSON POOL & SPAS - C 1,605.96 AT&T 3,296.58 AT&T LONG DISTANCE 130.80 BRUMMOND, PATRICIA L 118.13 BULL VALLEY AUTO BODY 250.00 BUSS FORD SALES 1,170.45 CDW GOVERNMENT INC 2,200.00 CERTIFIED FLEET SERVICES 221.70 CHEMICAL PUMP SALES & SE 2,412.00 CHICAGO INTERNATIONAL TR 143.93 CHRISTOPHER, DAVID 271.95 COMMUNICATIONS REVOLVING 10.00 CONCRETE SOLUTIONS CORP 179.50 CONSTELLATION NEWENERGY 38,901.54 CURRAN CONTRACTING COMPA 1,482.21 D'S MARINE SERVICE INC 40.03 DAWSON, CHRISTINE 110.54 DENNY, JODY 60.00 DENTAL HEALTH PRODUCTS I 106.85 Regular Meeting Page 5 April 4,2011 DILLON, JOHN 89.88 DIXON ENGINEERING INC 850.00 DOUG'S TRANSMISSIONS 1,785.00 DREISILKER ELECTRIC MOTO 311.10 EAST JORDAN IRON WORKS 78.00 ED'S RENTAL & SALES INC 28.25 ELM STREET DESIGN 40.00 FOERSTER, JEFFERY S 53,05 G IMPRESSIONS INC 104.28 GITZKE, WILLIAM J 688.70 GLOBAL EQUIPMENT COMPANY 674.43 GROWER EQUIPMENT & SUPPL 939.80 GUZMAN, JUAN 200.00 HANSEN'S ALIGNMENT, DON 150.00 HARRIS, TIMOTHY 90.28 HOME DEPOT CREDIT SERVIC 696.47 HUSTLER SPORT CENTER 58.24 ICC 1,154.92 JAKIELA, ASHLEY 500.00 JOHNSBURG BOWL INC 400.00 KALE UNIFORMS INC 599.18 KDS TECH SERVICES INC 621.00 KIMBALL MIDWEST 202.42 LANGE, MICHAEL 21.42 LUNSMANN, JOAN 213.60 MARATHON TOWING 80.00 MCCANN INDUSTRIES INC 31.98 MCHENRY ANALYTICAL WATER 101.00 MCHENRY AREA CHAMBER OF 425.00 MCHENRY COMMUNITY HIGH S 506.65 MCHENRY FIRESTONE 462.00 MERTZ, GARY 185.27 METRA 943.74 METROPOLITAN INDUSTRIES 8,435.00 MEYER MATERIAL COMPANY 57.42 MINUTEMAN PRESS OF MCH 293.07 NICOR GAS 4,551.88 NORTHERN BALANCE & SCALE 101.00 NORTHWEST ELECTRICAL SUP 147.76 ORIENTAL TRADING CO INC 58.91 PACE 10,400.25 PADRO, PEDRO 30.46 PALMER, MIKE 301.76 PEPSI BEVERAGE COMPANY 338.14 PETROLIANCE LLC 17,033.09 PETTIBONE & CO, P F 338.50 POPP, LARRY 17.12 PRECISION SERVICE & PART 140.96 PROSAFETY INC 75.00 RADICOM INC 9,472.46 REICHE'S PLUMBING SEWER 140.00 REINDERS INC 68.70 RICCI, DONNA 12.21 ROC CONSTRUCTION SUPPLY 51.96 RUSHING, RHONDA F LANG- 75.00 RUZICKA, RUSSELL 43.43 SCHMITZ, TRICIA 56.00 SEC GROUP INC 1,078.00 SEXTON, ERIC M 14.60 SHERMAN MECHANICAL INC 873.75 SHERWIN INDUSTRIES INC 44.05 SPECIALTIES DIRECT 290.00 ST PAULS EPISCOPAL CHURC 254.40 STANS OFFICE TECHNOLOGIE 69.37 STAPLES ADVANTAGE 204.87 STAPLES CREDIT PLAN 579.87 SWIFT CO INC, JOHN S 2,810.00 THINK INK INC 186.73 TRAFFIC CONTROL & PROTEC 2,250.33 TRIMBLE NAVIGATION LIMIT 1,200.00 Regular Meeting Page 6 April 4,2011 UNITED CANVAS & AWNING I 1,306.00 VALENTINES REPAIR 549.35 VAN GALDER BUS COMPANY 704.00 VIKING CHEMICAL COMPANY 1,558.00 WALMART COMMUNITY 74.06 WASTE MANAGEMENT OF WI P 12,513.86 WATER PRODUCTS - AURORA 422.18 WOODSTOCK, CITY OF 466.39 ZAHN, DAN 240.00 GRAND TOTALS 185,074.44 FUND TOTALS GENERAL FUND 64,686.12 WATER/SEWER FUND 78,796.00 UTILITY IMPROVEMENTS FUND 37,565.61 RISK MANAGEMENT FUND 40.00 INFORMATION TECHNOLOGY FUND 2,332.71 RETAINED PERSONNEL ESCROW 1,654.00 TOTALS 185,074.44 Voting Aye: Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: Santi. Motion carried. Alderman Santi returned to the Council Chambers at 8:03 p.m. ORDINANCE AUTHORIZING CONDITIONAL USE PERMIT AND VARIANCES — J P MORGAN CHASE, 4302 WEST ELM STREET In attendance were Project Manager Michael Metzger and Architect Jason Golub representing J P Morgan Chase Bank. Deputy Administrator Martin stated Chase Bank submitted an application for Conditional Use Permit and variances to allow the construction and operation of a full service financial institution with a drive-up facility at 4302 West Elm Street. The bank currently has a freestanding drive up facility on the premises and a full service bank within the Market Place Shopping Center. The bank intends to consolidate its two operations within the confines of one freestanding building at the southeast corner of the Shopping Center property. Upon construction of the new building, the full service facility within the Shopping Center will be vacated. Deputy Administrator Martin stated the Planning and Zoning Commission considered the request at its March 17, 2011 regularly scheduled meeting and unanimously recommended approval of the following: 1. Conditional Use Permit to allow the construction and operation of a financial institution with a drive-up facility on the subject premises; 2. Variance to allow a second principal building on a zoned lot; 3. Variance to allow for a reduction from the required 5 spaces per drive-up window to allow 4 stacking spaces per window; 4. Variance from the required off-street parking requirements on the premises. Regular Meeting Page 7 April 4,2011 Deputy Administrator Martin noted the Planning and Zoning Commission also recommended the City investigate the installation of sidewalks along the west side of Oak Drive to assist with pedestrian traffic in the area. However, Staff has determined there is not enough room to install sidewalks at this location. Alderman Peterson noted this is a nice project and the proposed landscaping would be a good addition to the area. Alderman Santi stated he is comfortable with the proposal. Alderman Glab expressed concern regarding the reduction in the amount of parking spaces which would remain for the Shopping Center, but noted the project would include a nice looking building. Motion by Wimmer, seconded by Peterson, to accept the unanimous recommendation of the Planning and Zoning Commission to pass an ordinance providing for the following for the property located at 4302 West Elm Street as requested by J P Morgan Chase Bank: 1. Conditional Use Permit to allow the construction and operation of a financial institution with a drive-up facility on the subject premises; 2. Variance to allow a second principal building on a zoned lot; 3. Variance to allow for a reduction from the required 5 spaces per drive-up window to allow 4 stacking spaces per window; 4. Variance from the required off-street parking requirements on the premises. Voting Aye: Santi, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Abstaining: Glab. Absent: None. Motion carried. REQUST FOR SIGN VARIANCES—1 P MORGAN CHASE BANK, 4302 WEST ELM STREET In attendance were Project Manager Michael Metzger and Architect Jason Golub representing J P Morgan Chase Bank. Deputy Administrator Martin stated Chase Bank is requesting variances from the Sign Code to allow the following: 1. An additional 59 square feet of wall signage; 2. Three additional wall signs(two are allowed;five are being requested); 3. An additional .16 square feet in area for each of the two directional signs proposed; 4. An additional .25 feet in height for each of the two directional signs proposed. Ho noted Staff has reviewed the requests and recommends the following: 1. An additional 27 square feet of wall signage(omitting the proposed two Chase logos); 2. One additional wall sign(omitting the proposed two Chase logos); 3. An additional .16 square feet in area for each of the two directional signs; 4. An additional .25 feet in height for each of the two directional signs. Regular Meeting Page 8 April 4,2011 Mr. Metzger addressed Council noting identity is very important to Chase. The Chase logo is used as a wayfinding sign for Chase customers. Motion Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to approve the following sign variances for J P Morgan Chase for their facility located at 4302 West Elm Street. 1. An additional 27 square feet of wall signage(omitting the proposed two Chase logos); 2. One additional wall sign(omitting the proposed two Chase logos); 3. An additional.16 square feet in area for each of the two directional signs; 4. An additional.25 feet in height for each of the two directional signs. Discussion on the Motion Alderman Glab stated he does not have an issue with the additional signs being proposed. Alderman Schaefer concurred with Alderman Glab, but stated he prefers a separate sign as opposed to utilizing the Chase log as an architectural element on the building. Alderman Wimmer supported Staff's recommendation. Alderman Peterson stated he had no problem with the additional signage. Alderman Condon stated she does not see the necessity of two additional signs (Chase logos) but does not have a problem with the request. She wondered why no signs were proposed for the back of the building. She suggested the motion could be amended to include signage on the north side of the building. Mayor Low suggested Council consider the motion currently on the floor. If the motion fails, a second motion could be made in support of additional signage. Alderman Condon inquired if Chase could request another sign variance in the future if they decided to seek signage for the back (north side) of the building. Deputy Administrator Martin responded in the affirmative. Regular Meeting Page 9 April 4,2011 Voting on the Motion Motion by Santi, seconded by Wimmer, to accept Staffs recommendation to approve the following sign variances for J P Morgan Chase for their facility located at 4302 West Elm Street. 1. An additional 27 square feet of wall signage(omitting the proposed two Chase logos); 2. One additional wall sign (omitting the proposed two Chase logos); 3. An additional.16 square feet in area for each of the two directional signs; 4. An additional.25 feet in height for each of the two directional signs. Voting Aye: Santi, Blake, Wimmer, Condon. Voting Nay: Glab, Schaefer, Peterson. Absent: None. Motion carried. COMMITTEE RECOMMENDATION TO APPROVE THE FOLLOWING: 1. ORDINANCE REGULATING WIRELESS ALARM MONITORING SYSTEMS: 2. AWARD OF BID FOR THE INSTALLATION OF A WIRELESS ALARM MONITORING SYSTEM TO FOX VALLEY FIRE SAFETY, IN THE AMOUNT NOT-TO-EXCEED$263,260: 3. ORDINANCE AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH MCHENRY TOWNSHIP FIRE PROTECTION DISTRICT FOR THE INSTALLATION, OPERATION AND REVENUE SHARING OF A WIRELESS ALARM MONITORING SYSTEM In attendance was McHenry Township Fire Protection District Chief Tony Huemann. Assistant Administrator Hobson stated the City has been considering the implementation of a Wireless Alarm Monitoring System for some time. Bids were requested and submitted in November 2009 with the lowest bid being submitted by Fox Valley Fire Safety in the amount of $263,260. Staff has been in contact with this firm and they have agreed to honor their bid until July 1, 2011. Assistant Administrator Hobson stated the Finance and Personnel Committee at its February 21, 2011 meeting considered the implementation of a wireless alarm monitoring system and recommended Council consider the following: 1. Pass an ordinance amending the Municipal Code to provide for the regulating of a wireless alarm monitoring system in the City; 2. Award the bid for the installation of a wireless alarm monitoring system to Fox Valley Fire Safety in the amount not-to-exceed$263,260;and 3. Pass an ordinance providing for the execution of an Intergovernmental Agreement with McHenry Township Fire Protection District for the installation, operation and revenue sharing of a wireless alarm monitoring system in the City. Alderman Schaefer noted the long-term revenue resulting from the implementation of the system is outstanding. He stated it is good that the vendor is willing to hold the price for the City until July 1st Regular Meeting Page 10 April 4,2011 Alderman Peterson inquired as to the age of the current alarm system. Assistant Administrator Hobson responded the system is 30 years old. Alderman Glab inquired regarding paragraph #8 of the intergovernmental agreement and requested clarification. Assistant Administrator Hobson responded for locations outside the City limits,the Fire District would be responsible for setting the rates. Alderman Glab inquired if a site was located outside of the City limits, would the installation and monthly fee be higher than for locations within the corporate limits. Chief Huemann responded in an effort to centralize fees, rates for those within the fire district but outside the city limits would be consistent with rates charges to locations within the City. Motion by Schaefer, seconded by Condon, to accept the recommendation of the Finance and Personnel Committee to: 1. Pass an ordinance amending the Municipal Code to provide for the regulating of a wireless alarm monitoring system in the City; 2. Award the bid for the installation of a wireless alarm monitoring system to Fox Valley Fire Safety in the amount not-to-exceed$263,260;and 3. Pass an ordinance providing for the execution of an Intergovernmental Agreement with McHenry Township Fire Protection District for the installation, operation and revenue sharing of a wireless alarm monitoring system in the City. Voting Aye: Santi, Glab, Schaefer, Blake,Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Mayor Low stated this is a good example of two entities working together for the common good. MAYOR STATEMENT AND REPORT There was no Statement or Report from Mayor Low. COMMITTEE REPORTS Chairman Alderman Condon stated minutes of recent Community Development Committee meetings would be forthcoming. STAFF REPORTS Public Works Director Schmitt announced the Yard Waste Drop-Off Facility would open April 9th and Curbside Brush Collection would begin on April 11tn FUTURE AGENDA ITEMS No Future Agenda Items were discussed. Regular Meeting Page it April 4,2011 EXECUTIVE SESSION: POTENTIAL LITIGATION Motion by Wimmer, seconded by Blake, to go into Executive Session to discuss Potential Litigation at 9:01 p.m. Voting Aye: Santi, Gla.b,Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went into Executive Session at 9:03 p.m. Motion by Wimmer, seconded by Condon, to go back into Open Session at 9:20 p.m. Voting Aye: Santi, Glab,Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. Council went back into Open Session at 9:20 p.m. OPEN SESSION REGARDING MATTERS DISCUSSED IN EXECUTIVE SESSION There was no action taken regarding matter discussed in Executive Session ADJOURNMENT Motion by Wimmer, seconded by Peterson, to adjourn the meeting at 9:21 p.m. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer, Peterson, Condon. Voting Nay: None. Absent: None. Motion carried. The meeting was adjourned at 9:21 p.m. Mayor City Clerk BATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 1 LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE 11040214 100 22 1002 AALTO, BRIAN 3/14-18/11TRAINING EXPENSE REIMB 04/11/11 0 040611 28.63 100.22.5420 1104 040611 GLJ1907 28.63 040611 11040215 100 33 1108 ADAMS ENTERPRISES INC, R 452819SUPPLIES 04/11/11 0 040611 23.78 100.33.5370 1104 040611 GLJ1907 23.78 040611 11040216 100 33 1108 ADAMS ENTERPRISES INC, R 453091EQUIPMENT REPAIR PARTS 04/11/11 0 040611 386.63 100.33.5370 1104 040611 GLJ1907 386.63 040611 11040217 510 31 1108 ADAMS ENTERPRISES INC, R 453553VEHICLE REPAIRS 04/11/11 0 040611 980.00 510.31.5370 1104 040611 GLJ1907 980.00 040611 11040218 100 33 1106 ADAMS STEEL SERVICE INC 295265SUPPLIES FOR TRAILER 04/11/11 0 040611 681.52 100.33.5370 1104 040611 GLJ1907 681.52 040611 11040219 100 33 1106 ADAMS STEEL SERVICE INC 295572STEEL FOR BLACKTOP TRUCK 04/11/11 0 040611 144.00 100.33.5370 1104 040611 GLJ1907 144.00 040611 11040220 100 33 1106 ADAMS STEEL SERVICE INC 295624STEEL FOR BLACKTOP TANK 04/11/11 0 040611 184.40 100.33.5370 1104 040611 GLJ1907 184.40 040611 11040221 100 33 1106 ADAMS STEEL SERVICE INC 29569SWELDING GAS 04/11/11 0 040611 16.36 100.33.5370 1104 040611 GLJ1907 16.36 040611 11040222 510 31 1397 ALL AROUND WELDING INC 1041 WATER TANK REPAIRS 04/11/11 0 040611 200.00 510.31.5370 1104 040611 GLJ1907 200.00 040611 11040223 510 31 1632 ARAMARK 14180438 EMPLOYEE UNIFCRMS 04/11/11 0 040611 290.69 510.31.4510 1104 040611 GLJ1907 290.69 040611 11040224 100 45 1450 AT&T 8153442792PETERSEN PKS ELECTRONIC SIG 04/11/11 0 040611 31.43 100.45.5320 1104 040611 GLJ1907 31.43 040611 11040225 100 22 1738 AUTO TECH CENTERS INC 225003SCRAP TIRE DIPOSAL FEE 04/11/11 0 040611 8.25 100.22.5370 1104 040611 GLJ1907 8.25 040611 11040226 XXXXX XXXXX 6289 BANKCARD PROCESSING CENT MARCH 2011MISC CITY CHARGES 04/11/11 0 040611 1,132.68 620.00.6210 1104 040611 GLJ1907 167.99 040611 100.01.5430 1104 040611 GLJ1907 825.00 040611 100.41.6950 1104 040611 GLJ1907 50.00 040611 100.46.6110 1104 040611 GLJ1907 41.69 040611 100.47.6920 1104 040611 GLJ1907 48.00 040611 11040227 760 00 6289 BANKCARD PROCESSING CENT 3/16/11 POLICE PENSION TRUSTEE CERT 04/11/11 0 040611 100.00 ROSKE 760.00.5110 1104 040611 GLJ1907 100.00 040611 11040228 510 32 2035 BAXTER & WOODMAN 0155612 GIS MANAGEMENT 04/11/11 0 040611 32.50 510.32.5110 1104 040611 GLJ1907 32.50 040611 11040229 100 33 7 BELL, STEPHEN MAILBOX DAMAGE REIMB 04/11/11 0 040611 50.00 DATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 2 \ LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.33.6110 1104 040611 GLJ1907 50.00 040611 11040230 100 47 2650 BROWN, JUDY I 3/7-4/4/11PARKS PROGRAM INSTRUCTOR 04/11/11 0 040611 125.00 100.47.5110 1104 040611 GLJ1907 125.00 040611 11040231 100 33 2757 BURRAFATO, SAM CLOTHING ALLOWANCE REIMB 04/11/11 0 040611 27.80 100.33.4510 1104 040611 GLJ1907 27.80 040611 11040232 100 33 2757 BURRAFATO, SAM CLOTHING ALLOWANCE REIMB 04/11/11 0 040611 42.89 100.33.4510 1104 040611 GLJ1907 42.89 040611 11040233 100 33 2758 BURRIS EQUIPMENT COMPANY PL70974 VEHICLE REPAIR PARTS 04/11/11 0 040611 30.45 100.33.5370 1104 040611 GLJ1907 30.45 040611 11040234 100 03 2765 BUSS FORD SALES 39842 VEHICLE REPAIR PARTS 04/11/11 0 040611 20.00 100.03.5370 1104 040611 GLJ1907 20.00 040611 11040235 100 33 2765 BUSS FORD SALES 40279 VEHICLE REPAIR PARTS 04/11/11 0 040611 56.02 100.33.5370 1104 040611 GLJ1907 56.02 040611 11040237 100 33 6635 CHICAGO INTERNATIONAL TR 111144146 VEHICLE REPAIR PARTS 04/11/11 0 040611 24.08 100.33.5370 1104 040611 GLJ1907 24.08 040611 11040238 100 22 3397 CLESEN, NICHOLAS 3/31/11 POLCIE ACADEMY GRADUATION 04/11/11 0 040611 66.49 TRAVEL EXPENSE REIMB 100.22.5420 1104 040611 GLJ1907 66.49 040611 11040239 620 00 3509 COMCAST CABLE 4/4-5/3/11INTERNET SERVICES 04/11/11 0 040611 74.90 620.00.5110 1104 040611 GLJ1907 74.90 040611 11040240 100 33 3528 COMED 5433098004STREET LIGHTING 04/11/11 0 040611 1,955.07 100.33.5520 1104 040611 GLJ1907 1955.07 040611 11040241 100 33 3528 COMED 8990135056STREET LIGHTING 04/11/11 0 040611 23,242.87 100.33.5520 1104 040611 GLJ1907 23242.87 040611 11040242 100 XXXXX 3531 COMED MARCH 2011UTILITIES 04/11/11 0 040611 1,906.23 100.33.5520 1104 040611 GLJ1907 295.63 040611 100.42.5510 1104 040611 GLJ1907 938.61 040611 100.44.5510 1104 040611 GLJ1907 58.25 040611 100.45.5510 1104 040611 GLJ1907 579.60 040611 100.46.5510 1104 040611 GLJ1907 29.71 040611 100.01.5510 1104 040611 GLJ1907 4.43 040611 11040243 510 XXXXX 3531 COMED MARCH 2011UTILITIES 04/11/11 0 040611 1,139.17 510.31.5510 1104 040611 GLJ1907 343.71 040611 510.32.5510 1104 040611 GLJ1907 795.46 040611 11040244 510 XXXXX 3531 COMED MARCH 2011WATER SEWER PUMPING CHARGES 04/11/11 0 040611 2,148.81 510.31.5510 1104 040611 GLJ1907 344.08 040611 510.32.5510 1104 040611 GLJ1907 1804.73 040611 DATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 3 LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11040245 100 01 3539 CONSERV FS 1429778-INLANDSCAPE SUPPLIES 04/11/11 0 040611 49.90 100.01.6110 1104 040611 GLJ1907 49.90 040611 11040246 100 00 3735 CUNAT CORP REFUND PERMIT #10-12-022 04/11/11 0 040611 60.00 100.00.3410 1104 040611 GLJ1907 60.00 040611 11040236 510 32 3034 CYNOWA, LEROY 9668 HEATER REPAIRS 04/11/11 0 040611 169.00 510.32.5375 1104 040611 GLJ1907 169.00 040611 11040247 620 00 4530 DOCUMENT IMAGING DIMENSI 87825 PRINTER SUPPLIES 04/11/11 0 040611 725.00 620.00,6210 1104 040611 GLJ1909 01 487.00 040611 620.00.6210 1104 040611 GLJ1909 4 79.00 040611 620.00.6210 1104 040611 GLJ1909 30 159.00 040611 11040248 510 32 4637 DREISILKER ELECTRIC MOTO 1747091 FUSES 04/11/11 0 040611 18.66 510.32.6110 1104 040611 GLJ1909 18.66 040611 11040249 100 33 7 DUHAMEL, GARY MAILBOX DAMAGE REIMB 04/11/11 0 040611 37.64 100.33.6110 1104 040611 GLJ1909 37.64 040611 11040250 100 XXXXX 5109 ED'S AUTOMOTIVE/JIM'S MU MARCH 2O11VEHICLE SAFETY INSPECTIONS 04/11/11 0 040611 115.00 100.33.5370 1104 040611 GLJ1909 69.00 040611 100.45.5370 1104 040611 GLJ1909 46.00 040611 11040251 100 33 6540 FOREMAN & COMPANY, JOSEP 258911BLOCKS 04/11/11 0 040611 60.00 100.33.6110 1104 040611 GLJ1909 60.00 040611 11040252 100 47 7643 GROVE, KELLY 2/28-3/30 PARKS PROGRAM INSTRUCTOR 04/11/11 0 040611 804.38 100.47.5110 1104 040611 GLJ1909 804.38 040611 11040253 100 41 1 GRUNDER, HELENE PARKS PROGRAM REFUND 04/11/11 0 040611 95.00 100.41,3636 1104 040611 GLJ1909 95.00 040611 11040254 510 32 8042 HAWKINS INC 3208577 CHEMICALS 04/11/11 0 040611 533.65 510.32.6110 1104 040611 GLJ1909 533.65 040611 11040255 510 32 8042 HAWKINS INC 3208578 CHEMICALS 04/11/11 0 040611 896.75 510.32.6110 1104 040611 GLJ1909 896.75 040611 11040256 510 31 8042 HAWKINS INC 3208582 CHEMICALS 04/11/11 0 040611 1,853.30 510.31.6110 1104 040611 GLJ1909 1853.30 040611 11040257 610 00 15013 HD SUPPLY WATERWORKS 2721046 FIRE HYDRANT REPAIRS 04/11/11 0 040611 648.00 610.00.5980 1104 040611 GLJ1909 648.00 040611 11040258 620 00 9406 ILLINOIS AUDIO PRODUCTIO 85941 PHONE MESSAGE ON HOLD SERVICE 04/11/11 0 040611 135.00 620.00.5110 1104 040611 GLJ1909 135.00 040611 11040259 510 31 10149 JENSEN SALES CO INC, LEE 119282PUMP 04/11/11 0 040611 1,300.00 DATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 4 LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 510.31.6110 1104 040611 GLJ1909 1300.00 040611 11040260 100 22 11025 KALE UNIFORMS INC 537260EMPLOYEE UNIFORMS 04/11/11 0 040611 198.13 100.22.4510 1104 040611 GLJ1910 198.13 040611 11040261 100 33 11286 KIMBALL MIDWEST 1882446 SUPPLIES 04/11/11 0 040611 136.19 100.33.5370 1104 040611 GLJ1910 147.76 040611 100.33.5370 1104 040611 GLJ1910 EARLY PAY DISCOUNT 11.57CR 040611 11040262 100 33 11286 KIM13ALL MIDWEST 1891215 SUPPLIES 04/11/11 O 040611 106.36 100.33.5370 1104 040611 GLJ1910 118.77 040611 100.33.5370 1104 040611 GLJ1910 EARLY PAY DISCOUNT 12.41CR 040611 11040263 100 22 11289 KING, LAURA 3/16/11 TRAINING EXPENSE REIMB 04/11/11 0 040611 8.00 100.22.5420 1104 040611 GLJ1910 8.00 040611 11040264 100 22 11390 KLEAN, TRACY CLOTHING ALLOWANCE REIMB 04/11/11 O 040611 108.41 100.22.4510 1104 040611 GLJ1910 108.41 040611 11040265 100 33 12017 LANG PONTIAC-CADILLAC-SU 90511 VEHICLE REPAIR PARTS 04/11/11 0 040611 1.55 100.33.5370 1104 040611 GLJ1910 1.55 040611 11040266 100 XXXXX 12143 LEE AUTO MCHENRY MARCH 2O11VEHICLE REPAIR PARTS 04/11/11 0 040611 439.26 100.01.5370 1104 040611 GLJ1910 42.62 040611 100.22.5370 1104 040611 GLJ1910 396.64 040611 11040267 510 32 12143 LEE AUTO MCHENRY MARCH 2O11VEHICLE REPAIR PARTS/SUPPLI 04/11/11 0 040611 393.55 510.32.5370 1104 040611 GLJ1910 119.60 040611 510.32.6110 1104 040611 GLJ1910 273.95 040611 11040268 100 41 1 LUNKENHEIMER, JOHN PARKS PROGRAM REFUND 04/11/11 0 040611 135.00 100.41.3637 1104 040611 GLJ1910 135.00 040611 11040269 510 31 12999 MACE, DOUG CLOTHING ALLOWANCE REIMB 04/11/11 0 040611 7.51 510.31.4510 1104 040611 GLJ1910 7.51 040611 11040270 100 01 13043 MATUSZEWICH, JOYCE REIMB 2011 APA CMS SEMINAR 04/11/11 0 040611 15.00 100.01.4220 1104 040611 GLJ1910 15.00 040611 100-LDMKCOM 11040277 100 01 14067 MCANDREWS PC, THE LAW OF 01 105LEGAL FEES - CORP 04/11/11 0 040611 6,800.00 100.01.5230 1104 040611 GLJ1910 6800.00 040611 11040278 100 XXXXX 14068 MCAULIFF & SEMROW PC MARCH 2O11ADMINISTRATIVE LAW JUDGE 04/11/11 0 040611 862.50 100.22.5110 1104 040611 GLJ1910 776.25 040611 100.03.5110 1104 040611 GLJ1910 86.25 040611 11040279 100 33 14069 MCCANN INDUSTRIES INC 11026080 VEHICLE REPAIR PARTS 04/11/11 0 040611 257.69 100.33.5370 1104 040611 GLJ1910 257.69 040611 11040280 100 XXXXX 14296 MCHENRY COUNTY COUNCIL 0 6 DINNER MEETING 3/23/11 04/11/11 0 040611 140.00 DATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 5 LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 100.02.5430 1104 040611 GLJ1910 70.00 040611 100.01.5430 1104 040611 GLJ1910 35.00 040611 100.03.5430 1104 040611 GLJ1910 35.00 040611 11040271 590 00 13172 MEYER MATERIAL COMPANY 251010MATERIALS 04/11/11 O 040611 61.20 590.00.5110 1104 040611 GLJ1910 61.20 040611 11040272 510 31 13309 MID AMERICAN WATER OF WA 124355W SUPPLIES 04/11/11 0 040611 168.94 510.31.6110 1104 040611 GLJ1910 168.94 040611 11040273 100 33 13309 MID AMERICAN WATER OF WA 124439W SUPPLIES 04/11/11 0 040611 37.00 100.33.6110 1104 040611 GLJ1910 37.00 040611 11040274 280 41 13309 MID AMERICAN WATER OF WA 122283W SUPPLIES 04/11/11 0 040611 124.00 280.41.8800 1104 040611 GLJ1910 124.00 040611 280-PKSRESTOR 11040275 280 41 13309 MID AMERICAN WATER OF WA 404103WCM RETURNED ITEMS 04/11/11 O 040611 140.00- 280.41.8800 1104 040611 GLJ1910 140.00CR 040611 280-PKSRESTOR 11040276 100 XXXXX 13291 MINUTEMAN PRESS OF MCH 74720 PRINTED SUPPLIES 04/11/11 0 040611 670.08 100.00.6210 1104 040611 GLJ1910 627.89 040611 100.03.6210 1104 040611 GLJ1910 15.92 040611 100.22.6210 1104 040611 GLJ1910 26.27 040611 11040282 100 22 15148 NESTER, F PETER CLOTHING ALLOWANCE REIMB 04/11/11 O 040611 31.01 100.22.4510 1104 040611 GLJ1910 31,01 040611 11040281 100 22 15532 NORTH EAST MULTI-REGIONA 142532DISPATCH TRAINING 04/11/11 0 040611 400.00 100.22.5430 1104 040611 GLJ1910 400.00 040611 11040283 100 33 17020 PATTEN INDUSTRIES INC 6200039375VEHICLE REPAIR PARTS 04/11/11 0 040611 466.80 100.33.5370 1104 040611 GLJ1910 466.80 040611 11040284 100 44 17156 PEPSI BEVERAGE COMPANY 27488109 CONCESSIONS SUPPLIES 04/11/11 0 040611 280.36 100.44.6110 1104 040611 GLJ1910 280.36 040611 11040285 100 03 2532 PETROLIANCE LLC 8986022 VEHICLE FUEL 04/11/11 0 040611 93.18 100.03.6250 1104 040611 GLJ1910 93.18 040611 11040286 100 22 2532 PETROLIANCE LLC 8914474 VEHICLE FUEL 04/11/11 0 040611 2,350.52 100.22.6250 1104 040611 GLJ1910 2350.52 040611 11040288 100 45 2532 PETROLIANCE LLC 8986025 VEHICLE FUEL 04/11/11 O 040611 183.07 100.45.6250 1104 040611 GLJ1910 183.07 040611 11040289 100 33 2532 PETROLIANCE LLC 8982645 VEHICLE FUEL 04/11/11 0 040611 1,349.57 100.33.6250 1104 040611 GLJ1910 1349.57 040611 11040290 100 45 2532 PETROLIANCE LLC 8988621 VEHICLE FUEL 04/11/11 0 040611 154.52 DATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 6 ' LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ----------------------------------------------------------------------------------------------------------------------------------- 100.45.6250 1104 040611 GLJ1910 154.52 040611 11040291 100 45 2532 PETROLIANCE LLC 8989267 VEHICLE FUEL 04/11/11 0 040611 113.20 100.45.6250 1104 040611 GLJ1910 113.20 040611 11040292 100 22 17154 PETTIBONE & CO, P F 22521 EMPLOYEE UNIFORM ITEMS 04/11/11 0 040611 210.50 100.22.4510 1104 040611 GLJ1910 210.50 040611 11040293 100 22 17632 PRATHER, PAUL POLICE ACADEMY GRADUATION 04/11/11 0 040611 5.08 EXPENSE REIMB 100.22.5420 1104 040611 GLJ1910 5.08 040611 11040294 100 33 17641 PRECISION SHARPENING 3/17/11 BLADE SHARPENING SERVICES 04/11/11 0 040611 11.00 100.33.6110 1104 040611 GLJ1910 11.00 040611 11040295 100 45 19015 RADICOM INC 97126 MOBILE RADIOS 04/11/11 0 040611 1,086.00 100.45.6110 1104 040611 GLJ1910 1086.00 040611 11040296 100 01 19015 RADICOM INC 97127 MOBILE RADIOS 04/11/11 0 040611 362.00 100.01.6110 1104 040611 GLJ1910 362.00 040611 11040297 100 22 20311 SIRCHIE FINGER PRINT LAB 31419-IN SUPPLIES 04/11/11 0 040611 335.22 100.22.6210 1104 040611 GLJ1910 335.22 040611 11040298 100 41 20710 STANS OFFICE TECHNOLOGIE 280648COPIER METER READING 04/11/11 0 040611 145.63 100.41.5110 1104 040611 GLJ1910 145.63 040611 11040299 100 XXXXX 20711 STAPLES ADVANTAGE 8018145254OFFICE SUPPLIES 04/11/11 0 040611 807.86 100.00.6210 1104 040611 GLJ1910 478.36CR 040611 100.02.6210 1104 040611 GLJ1910 135.43 040611 100.03.6210 1104 040611 GLJ1910 140.81 040611 100.41.6210 1104 040611 GLJ1910 202.12 040611 100.00.6210 1104 040611 GLJ1910 782.99 040611 100.02.6210 1104 040611 GLJ1910 13.96 040611 100.41.6210 1104 040611 GLJ1910 9.72 040611 100.04.6210 1104 040611 GLJ1910 1.19 040611 11040300 510 31 20711 STAPLES ADVANTAGE 8018145254OFFICE SUPPLIES 04/11/11 0 040611 19.90 510.31.6210 1104 040611 GLJ1910 19.90 040611 11040301 100 46 21645 TRIKHA, SHEEL K 4/l/11PARKS PROGRAM INSTRUCTOR 04/11/11 0 040611 1,421.00 100.46,5110 1104 040611 GLJ1910 1421.00 040611 11040302 510 32 22669 USA BLUEBOOK 360529SUPPLIES 04/11/11 0 040611 99.57 510.32.6110 1104 040611 GLJ1910 99.57 040611 11040303 100 33 23003 VALENTINES REPAIR 28153 VEHICLE REPAIRS 04/11/11 0 040611 30.46 100.33.5370 1104 040611 GLJ1910 30.46 040611 11040304 100 33 23003 VALENTINES REPAIR 28179 VEHICLE REPAIRS 04/11/11 0 040611 57.21 100.33.5370 1104 040611 GLJ1910 57.21 040611 DATE 4/06/2011 01:03 PM CITY OF MCHENRY PAGE 7 LIST OF BILLS COUNCIL MEETING 4/11/11 CLAIM # FUND DEPT VENDOR NAME INVOICE DESCRIPTION DATE STAT ACCR DT AMOUNT CHECK ACCOUNT P.O. PERIOD DATE JOURNAL DESCRIPTION AMOUNT ACCR DT LIQUIDATED INVENTORY # LOC UNIT COSTS PROJECT # CODE ------------------------------------------------------------------------------------------------------------------------------------ 11040305 100 47 3661 VALLEY VIEW ACRES 9255 PARKS PROGRAM 04/11/11 0 040611 170.00 100.47.5110 1104 040611 GLJ1910 170.00 040611 11040306 100 41 1 WASILOWSKI, CONNIE PARKS PROGRAM REFUND 04/11/11 0 040611 378.00 100.41.3636 1104 040611 GLJ1910 378.00 040611 11040307 100 33 27030 ZARNOTH BRUSH WORKS INC 132490-IN EQUIPMENT PARTS 04/11/11 0 040611 628.00 100.33.5370 1104 040611 GLJ1910 628.00 040611 EXPENDED LIQUID ACCRUAL GRAND TOTALS 64,371.96 RECAP TOTALS EXPENDED LIQUID ACCRUAL FUND TOTALS 100 GENERAL FUND 52,223.87 280 DEVELOPER DONATION FUND 16.00OR 510 WATER/SEWER FUND 10,252.00 590 MARINA OPERATIONS FUND 61.20 610 RISK MANAGEMENT FUND 648.00 620 INFORMATION TECHNOLOGY FUND 1,102.89 760 POLICE PENSION FUND 100.00 **** 64,371.96 AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin,Deputy City Administrator FOR: April 11, 2011 Regular City Council Meeting RE: Request for Sign Variances for Steffan's Jewelers (Fountain Shoppes on Front Street) ATT: Permit Application Picture of Sign Letter from Suzanne Cannon dated March 29,2011 Background. Attached is a letter from Suzanne Cannon requesting a temporary sign variance to allow an 80 sf. temporary banner to be displayed at the Fountain Shoppes on Front Street until the end of December 2011. Ms. Cannon inadvertently installed the sign without seeking a variance but immediately requested one after notified by staff. She is also requesting waiver of the $175 sign variance fee. Staff Analysis. By ordinance temporary signs are permitted, cannot exceed 32 square feet and have a maximum display period of 30 days and a maximum cumulative total of 60 days per calendar year. Such signs are permitted for a maximum of four times per calendar year and a minimum of 30 days must elapse between each occasion. Staff does not have any problems with the request to display the banner but does not support fee waiver. This is an application processing fee which, if waived, would set a very bad precedent moving forward for other potential sign variance applications moving forward. Recommendation. Approval of the temporary sign variance as presented with the condition the banner is replaced if it becomes worn and tattered. Staff would initiate such a request on observation or if a complaint was received. Staff does not recommend approval of the $175 sign variance fee waiver. CITY OF MMENRY TEMPORARY SIGN APPLICATIION / — 1 PERMIT NO. PROPERTY ADDRESS: �Zs' N - T �j Y, T �'T Office use only f-e ZONING DIST: NAME OF BUSINESS: F I a,,yi S' S' (� nn Construction and CONTACT NAME: C 0 rj-,e— Gl!{20g�< OWNER ❑ TENANT Neighborhood Services BUSINESS PHONE: 61 - 3SS' - 6O 7 o CELL Ph.#:CIS'ate-3Sa MAR 3 0 2011 A SIGN CONTRACTOR: p i 11e1'wf McHenry ADDRESS: 1n 5-4�- i 3 PROPERTY OWNERS:�M pf�l ( i P.S Ph.#: 96,a7o-: 5Sa PERMIT FEES t�t�,� � � ( SIGN FEE: 3(� ADDRESS: DEPOSIT: 30 TEMPORARY SIGN SPECIFICATIO S COPIES: //,�.��,, *Temporary signs shall be allowed:for a maximum of 4 occasions per calendar year;with a maximum TOTAL: 4-10 display period of 30 days each occasion;a maximum cumulative total of 60 days per calendar year; EXPIRATION DATE: minimum of 30 days must elapse between each occasion. Requested: From: To: Z- Height of Sign: nn th/D /Year) (Month/Day/Year) (Measured from ground level to top of sign/8 Ft.Max) Material: VQ:S Fastening Method: c r Sign Dimensions: Height: _9 Width: Sq/Ft: 1. (N t to exceed 32sq/ft) Sign will read as follows: PERMIT SUBMITTAL CHECKLIST ompleted Temporary Sign permit application. O Two (2) sets of drawings which include sign dimensions, width and height. (Indicate material that sign is made of and how it will be fastened in place.) . 0 Provide plot plan showing location of sign on lot and distance from all property lines. (only one temporary sign may be used on any premises at any one time) ❑Property owner MUST provide letter or sign permit application approving signage. *Permits will not be accepted for review unless all required documentation has been attached to this application. NOTES SIGNATURE OF OF APPLICA `" DATE: ;Z 1 SIGNATURE OF PROPERTY OWNE > DATE: c3 THIS PERMIT IS GRANTED AND ACCEPTED WITH T UNDERSTANDING AND AGREEMENT THAT SAID BUILDING AND CONNECTIONS SHALL CONFORM IN ALL RESPECTS WITH THE ORDINANCES OF THE CITY OF McHENRY AS NOW IN FORCE REGULATING THE CONSTRUCTION OF BUILDINGS. DATE: (DIRECTOR,CONSTRUCTION AND NEIGHBORHOOD SERVICES) 333 S.GREEN STREET NIcHENRY ILLINOIS 60050 (815)363-2170 �$+ 4 '4LS�M y,�WLJ7 .� Ar "nY .l Mr t Yr uf'iF t rM �ryY f F/ t � M x s.' { .t�.nsCruccian a�cl Neiginborbootd Services MAR 3 0 Z.011 JEWELERS since 1946 City of mcHenry 325 North Front Street March 29th,2011 McHenry, IL 60050 Dear Mayor Low and City Councilmen, I am embarrassed to say that I have broken the sign ordinance and would like you to know that it was not intentional. I assumed that if the sign was not next to the road or electric, that I would not need a permit. I am not sure what my thought process was but now I know better. I would like to apply for a variance to the permit process, length of time I can display it and the overall size. I have enclosed an image of the sign and as you can see it hangs above the entry way to my store in my strip mall. This year, Steffan's Jewelers is celebrating 65 years of Jewelry Repair& Sales in the city bf McHenry. Considering these past 3 very challenging ,years, I am very proud to still be open and have a staff of 6 full time & 2 part time employees. In order to stay successful, I have had to make some heavy sacrifices with my business and also with our tenants in the Fountain Shoppes in order to stay open and retain 90% occupancy in the mall. I would like to ask the city council to please consider the variance so that I may take advantage of letting people know that we are one of the oldest remaining businesses in McHenry. Many of our new residents have told me personally that they have chosen Steffan's because it is still family owned and it has been part of the community for so long. Cost of sign$500 Permit Fee $30 Application for Variance $175 Ignorance- "PRICEY" Please let me know your decision and I do appreciate your time and consideration. Rest assured I will contact the city prior to any sign considerations. I would also ask that the council consider waiving the $175 variance fee if at all possible. Every bit helps e M. annon Owner Steffan's Jewelers PHONE 815.385.6070 FAX 815.385,6423 www.steffansjewelers.com AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Chris Black, City Administrator FOR: April 11, 2011 Regular City Council Meeting RE: Third Amendment to the Redevelopment Agreement of the former Medical Arts Site ATT: 1. Original Redevelopment Agreement 2. Second Amendment to the Redevelopment Agreement 3. Boat Slip Access Easement and Assignment Provisions 4. Proposed Third Amendment to the Redevelopment Agreement Background. In 2007, the City Council approved the original redevelopment agreement for the project undertaken at the property on the northeast corner of Green Street and Waukegan Road. Two subsequent amendments to the original agreement were approved in 2008 and 2009, respectively. The Riverwalk Center project includes 27 residential units and 17,000 square feet in commercial space. The city's participation per the agreement calls for a $2.2 million contribution consisting of land acquisition ($1.348 million), reimbursement of permit fees ($227,000), and $624,000 in property taxes generated by the project for parking and site improvements. First Midwest Bank has taken title to the property from Curtis Commercial and McHenry Riverwalk Center LLC. In addition, First Midwest has entered into a contract purchase agreement with 1110 N Green Street LLC. The purchase of the property by 1110 N Green Street LLC is contingent upon City Council approval of an amendment to the original redevelopment agreement and the subsequent amendments. The following are the primary issues addressed in the proposed third amendment: • Conversion of the residential dwelling units from individual condominiums to apartments; • Creation of rental and property standards for the development in an effort to ensure quality of the property; • Establishing deadlines for completion of the"Wahl"parking lot and the residential units; • The disposition of the remaining financial incentives for the project; and • Modifying terms related to the eight boat slips provided to the developer as part of the original redevelopment agreement. Staff Analysis. The prospective buyer has 17 years of experience in acquisition, disposition, management and construction in various parts of the country and in the last three years has successfully redeveloped more than thirty rental properties. In a property similar to the Riverwalk Center, the developer acquired Park View Residences in Chicago, which has 52 apartments and 30,000 square feet of retail space. Since the property was acquired less than six months ago, it has undergone a renovation and the occupancy rate has increased substantially. Staff believes the prospective buyer has demonstrated substantial interest and an inclusive plan for the property since first meeting with the city representatives last month. The buyer has met with staff on several occasions to go through the building to determine its condition and the status of the units and met with the property's commercial tenants. Also, the buyers have invested in planning for the completing the residential units and construction of a business office and fitness center at the site and worked with a marketing firm to determine how to best promote the property in the future. Staff has worked with 1110 N Green Street LLC to develop the proposed amendment to the redevelopment agreement for the former Medical Arts Site. At this point, staff believes is has addressed all outstanding issues with the prospective buyer and is seeking feedback from the City Council on the proposed terms. The most significant change to the agreement is conversion of development from condominiums to apartments. The prospective buyer seeks this change because it appears to be the most viable option for the building in the intermediate term due to the state of the housing market locally and nationally. II10 N Green Street LLC looks forward to this property eventually becoming condominiums, because it would lead to a greater return on their investment. However, the purchasing group has taken the position conversion of the property back to condominiums needs to coincide with resurgence in the housing market. This position is similar with that taken by First Midwest Bank and likely any other prospective buyer in the current housing market. In an effort to maintain the value of the development, the City has taken steps to create rental and property standards. The steps include requiring the buyer to comply with provisions of the Crime Free Multi-Housing Program and occupancy limitations. In addition, the changes provide the city the right, if necessary, to enforce common area rules, which are included in the rental restrictions, inside and outside of the building. A third significant issue addressed in the amendment is the ability of the prospective buyer to be eligible to obtain the remaining incentives on the project for work completed by the prior developer. Based on the second amendment of original agreement, the developer is eligible for $624,028 in tax increment revenues for costs on public parking spaces within the parking lot ($182,430), public boat pier ($47,000), landscaping improvements ($110,598), and site development ($284,000). Based on inquiries the prospective buyer had with First Midwest Bank, the majority of this work has been completed, with a notable exception being the completion of the Wahl Lot. The City will require the prospective buyer to submit proper documentation, as required by the original agreement, to receive reimbursement and only receive payouts supported by the property tax increment generated by the project. The amendment also addresses deadlines for completion of the Wahl parking lot and 27 residential units in the building. The current version of the amendment provides the prospective buyer from the date of closing on the property 180 days to complete the Wahl lot and 300 days to complete the interior improvements to the residential units. In order to secure compliance with the deadlines, the City will withhold payment on any tax incentive distributions until 1110 N Green Street LLC meets its obligations. The prospective buyer has expressed the intention to complete the parking lot and the residential units well before the deadlines and is seeking additional time to mitigate unforeseen circumstances that could lengthen the construction. Staff believes the deadlines could be shortened while still addressing the buyer's concerns. In regards to the boat slips, the third amendment allows 1110 N Green Street LLC to maintain ownership of the eight boat slips associated with the property and also obtain the right to lease the slips. This provision seemed reasonable based on the fact that in the short-term the slips would no longer be associated with owner occupied units. The City would have the right of first offer and the right of first refusal on the slips at market value, as opposed to $30,000 stipulated in second amendment, should the there be an effort by the building owner to sell the slips. Also included within the body of the proposed amendment are several other provisions that were necessary to address. These include the following: • allowing additional temporary signage, in the form of banners and small open house sandwich-board signs, for the sole purpose of promoting the building to prospective renters; • requirements for the buyer to assume payment, maintenance and other obligations associated with the public parking lease agreement the City entered into with Ned Neumann in August 2010; • a stipulation the agreement will become null and void if the buyer does not close on the purchase with First Midwest Bank within 120 days of the date of the proposed amendment; and • tying the proposed amendment to the property to ensure if the buyer transfers ownership of the property at any time in the future the new owner would be subject to identical terms. Staff has provided an amendment for consideration that, to the extent possible, protects the city's investment in the project. Although the type of residential units differs from the original intent of the project, staff believes quality residential units, whether condominiums or apartments, will be an asset to downtown revitalization efforts. At the meeting Monday, the prospective buyer group and partners will be on-hand to present additional information on project and to answer any questions. Recommendation. If the City Council is agreeable with the proposed changes, staff recommends approval of the attached ordinance authorizing the execution of the Third Amendment to the Redevelopment Agreement. 1/31/2007 11:04 AM H:IMCHENRY\RedevelopAgmt.TlF.doc REDEVELOPMENT AGREEMENT THIS AGREEMENT ("Agreement") is entered into this -1�h day of 0? A Q-C-q , 2007, between the City of McHenry, an Illinois municipal corporation("City") and PU.MS , an Illinois corporation ("Developer"). 1`nni (-P-C.1QL /4C RECITALS A. In a certain Redevelopment Project Area defined below,the City has identified a severe need for the location and development of adequate and available multi-family housing, as well as commercial development, to provide a mix of community activities including business, entertainment, recreation and civic gatherings to residents thereby retaining current residents and attracting new residents to the City; and, B. Pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended("TIFAct"), the Mayor and City Council ("Corporate Authorities") approved a redevelopment plan and project for the Downtown McHenry Tax Increment Redevelopment Project Area("Redevelopment Project Area") as set forth in the document entitled"Downtown McHenry Tax Increment . Redevelopment Project and Plan" ("Redevelopment Plan"), dated January 25, 2002. The Redevelopment Plan sets forth a plan for the redevelopment and revitalization of the Redevelopment Project Area; and, C. The Corporate Authorities adopted tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, D. The Corporate Authorities have determined that the presence of certain blighting factors described in the TIF Plan are detrimental to the public and impair development and growth in the Redevelopment Project Area, with the result that it is necessary to incur extraordinary costs in order to develop the Redevelopment Project Area. The presence of blighting factors in the Redevelopment Project Area will continue to impair growth and development but for the use of tax increment allocation financing to undertake certain obligations as hereinafter provided to pay Redevelopment Project Costs (as defined in the TIF Act and in this Agreement) which necessarily must be incurred to implement the aforesaid program of redevelopment; and, E. The Developer proposes to develop an approximately 62,000 square foot mixed- use multi-family residential housing condominium and commercial project consisting of not less than twenty (20) condominium homes (45,000 square feet) and approximately 17,000 square feet of commercial space to be marketed as Riverwalk Center("Development") on certain property within the Redevelopment Project Area and legally described on the attached Exhibit A ("Subject Property"); and, F. The Developer's proposal obligates the Developer to do the following in connection with development of the Subject Property: (i) undertake and pay for the costs of all studies, surveys, plans and specifications, professional fees and permits; (ii) construct any public works or improvements necessary for the provision of utilities and City services to the Subject Property; (iii)provide all landscaping for the Subject Property; and (iv) construct,market and sell not less than twenty(20) residential housing units and approximately 17,000 square feet of commercial space on the Subject Property; and, G. The Corporate Authorities have determined that the Development of the Subject Property is consistent with the Redevelopment Plan and is located within the Redevelopment ,Project Area; and, H. Pursuant to the TIF Act the City is authorized under the TIF Act to incur Redevelopment Project Costs and to make and enter into all contracts necessary or incidental to the implementation of its Redevelopment Plan; and, I. In order to induce the Developer to undertake the development and marketing of the Subject Property, the Corporate Authorities have determined that it is in the best interest of the City and the health, safety, morals and welfare of the residents of the City for the City to reimburse the Developer for certain eligible Redevelopment Project Costs incurred by the Developer detailed as follows: (i) the transfer of the Subject Property to the Developer; (ii) providing Developer four(4)piers to accommodate eight(8) boat slips, in accordance with the terms and provisions of this Agreement; (iii) a portion of the cost of construction of a parking structure, in accordance with this Agreement; and(iv) waive certain other fees in accordance with this Agreement; and, J. The Corporate Authorities have determined that the provision by the City to the Developer of the benefits described herein and the development of the Subject Property pursuant to this Agreement are in the best interests of the City and the health, safety, morals and welfare of its residents and taxpayers and will be in furtherance of the Redevelopment Plan and thereby help provide for economic development and housing opportunities for the inhabitants of the City, enhance the tax base of the City and other taxing districts and add to the welfare and prosperity of the City and its inhabitants. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Incorporation of Recitals. All of the recitals contained in this Agreement are true and correct and are hereby incorporated into this Agreement as though they were fully set forth in this Section 1. 2. Non-refundable Payment to City. In consideration of the option to terminate this Agreement hereinafter provided to the Developer, upon execution of this Agreement, Developer shall pay to the City the sum of$25,000 ("Good Faith Deposit") and shall place $100,000 into a segregated account controlled by the Developer (which the City will receive a full accounting of) ("Expense Deposit"). Upon issuance of building permits pursuant to the Site Development Plans referenced below,the Good Faith Deposit shall be returned in full to the Developer. Developer shall use the Expense Deposit to assemble a bid set of engineering drawings and specifications including architectural drawings to develop the Subject Property in accordance with the Site Development Plans during its option period referenced in paragraph 9,below. In the event Developer exercises its option to terminate this Agreement pursuant to paragraph 9,below,the Good Faith Deposit balance of$25,000 shall be retained by the City as Liquidated Damages and not a penalty,the parties having agreed that it would be difficult to ascertain damages as a result of said option exercise. Provided, however,upon exercise of said option,Developer shall also provide the City with possession of and all right,title and interest in and to a set of architectural drawings and engineering specifications and other documents developed to date to be used by bidders to fully develop the Subject Property in accordance with Site Development Plans. 3. Submittal of Site Development Plans. Within thirty(30) days of full execution of this Agreement, the Developer shall submit to the City for its review and consideration: (i) the applicable planning and zoning public hearing application("Public Hearing Application");(ii) Site Development Plans substantially as depicted on the attached Exhibit B;(iii)landscape plans;and(iv) building and parking structure renderings (collectively the "Site Development Plans"). The City shall review the Site Development Plans and Public Hearing Application and promptly(in no case more than 30 days after receipt of the Site Development Plans)schedule a public hearing before the Planning and Zoning Commission. Within ninety (90) days of the date of approval of the Public Hearing Application and Site Development Plans by the City Council,the Developer shall submit a building permit application for development of the Subject Property, in accordance with the approved Site Development Plans. All required submissions of the Site Development Plans shall comply with all applicable federal,state,county,municipal or administrative laws,ordinances,rules, regulations, codes and orders (collectively, the "Legal Requirements") relating in any way to the Development. 4. Construction of Improvements/Permits/Pier Construction. Promptly following the last to occur of the following, but in any event not later than August 1, 2007 (provided that the City does not unreasonably delay approval of all of the Site Development Plans or issuance of all required building permits): (a) City approval of all of the Site Development Plans; (b)Developer's receipt of all required building permits for the Development; and (c) satisfaction of all of Developer's lender's conditions to commencement of construction the Developer shall commence construction of the improvements on the Subject Property. Construction shall be done solely at the Developer's expense subject to reimbursement for such expenses pursuant to this Agreement and all improvements shall be constructed in a good and workmanlike manner in accordance with all applicable codes,ordinances,rules and regulations of the City. It shall be Developer's responsibility to apply and pay for all required construction permits. All piers constructed by Developer, permanent or temporary, shall be constructed at its cost and be designed and constructed the same as those constructed as part of the Riverwalk Place Subdivision to the east of the Subject Property. Subject to the Developer providing to the City for its approval, at Developer's expense, an engineering study confirming the capacity of the City's existing storm sewer system, the City covenants that the Developer shall be permitted to tie the Development into the existing storm sewer system and shall not be required to construct storm water detention systems in connection with the Development of the Subject Properly. Developer shall be permitted to install two temporary signs advertising the construction and development of the Subject Property each being not more than forty-eight(48) square feet in size. One of the signs should be located at the corner of Green and Waukegan Streets and the other off Green Street adjacent to the river-walk and gazebo. The signs shall be removed from the Subject Property no later than December 31, 2008. 5. Transfer of Property. The City represents and warrants that it owns fee simple title to the Subject Property and all right,title and interest to four(4)piers to accommodate eight(8)boat slips on the Fox River, to be located in the City-owned Riviera Marina. Following (i) approval of the Site Development Plans by the Corporate Authorities; (ii)deposit in escrow with Heritage Title by Developer of a fully executed deed of reconveyance of the Subject Property and the four(4)piers to accommodate eight (8) boat slips to the City; and (iii) filing with the City Clerk the Letter of Credit referenced herein(which deposit shall be made simultaneously upon conveyance of title to the Subject Property to Developer), the City shall convey all right, title and interest in the Subject Property and the four (4) piers to accommodate eight (8) boat slips, at no cost to Developer in accordance with the terms of this Agreement, upon the earlier to occur of the following: (a) the Developer Termination Option Date (as hereinafter defined); or (b) upon waiver of Developer's Termination Option Date,within five(5)business days after City's receipt of a written request from Developer to complete the conveyance. 6. Security for Project Construction. The purpose of the escrow,letter of credit and deed of reconveyance referenced in the preceding paragraph shall be to secure completion of the obligations of the Developer under this Agreement. The escrow agent,Heritage Title, and escrow instructions for the deed of reconveyance shall be in substantially the form attached hereto as Exhibit C. The escrow instructions shall provide that,upon the reasonable determination of the Corporate Authorities that the Developer is in material breach of its obligations under this Agreement, as referred to in paragraph 23,below, following all notice and remedy periods provided for herein,the deed of reconveyance shall be filed in the Office of the Recorder of Deeds for McHenry County. The deed of reconveyance shall be released back to the Developer upon satisfaction of all of its obligations under this Agreement or release of the letter of credit, referenced below, which ever occurs first and the escrow instructions shall so provide. To further secure performance of the Developer's obligations under this Agreement,including payment of all subcontractors working on the Subject Property,Developer shall file with the City Clerk a clean,irrevocable and unconditional letter of credit,in the sum of$1,500,000("Letter of Credit"). The Letter of Credit shall be procured as a part of(and not an addition to)the line of credit being obtained by the Developer with respect to the development of the Subject Property. The terms of the Letter of Credit shall provide, among other provisions reasonably required by the City,that upon the reasonable finding by the Corporate Authorities that the Developer is in material breach of its obligations under this Agreement, as referred to in paragraph 23 below(after lapsing of all applicable notice and remedy periods)the City may draw on the Letter of Credit to pay lien holders, subcontractors and material suppliers for labor and materials previously provided and to complete development of the Subject Property and install all required public improvements in accordance with the Site Development Plans. In the event that the Corporate Authorities draw on the Letter of Credit and cause the deed of reconveyance to be transferred,this Agreement shall be deemed terminated with no right of recourse in the future by the parties hereto against each other for any reason. The City Administrator in his reasonable discretion shall approve the form of and institution,which the Letter of Credit is drawn. Upon certification by Developer to the City,supported by reasonable documentation,that it has spent eighty percent(80%) of the costs set forth in the projected project budget attached hereto as Exhibit D, the City shall release the Letter of Credit. If requested by Developer's lender,the City agrees to(a) subordinate its rights in connection with the Letter of Credit and the deed of reconveyance to Developer's lender; and (b) provide Developer's lender with reasonable notice and cure periods related to this Agreement,provided that the City be granted the right to review and approve all requisition requests of the Developer to Developer's lender. Such review and approval rights shall be limited to ensuring that all requested requisitions are for costs related to the Development and the City shall have no right to disapprove a requisition request for any other reason. The City shall have three(3)business days after receipt of a requisition request to review and approve the request, and if neither an approval nor denial is issued within such three(3)business day period,the requisition request shall be deemed approved. 7. Redevelopment Project Incentives. As specified in Exhibit E hereto,the City shall: (i)transfer title to the Subject Property,including four(4)piers accommodating eight(8)boat slips, at no cost; (ii) waive the first $227,000 and 50% in excess of$287,000 of the required building permit and capital development fees relating to the Subject Property; (iii)reimburse Developer for $424,028 relating to the costs of the public portion of the parking deck to be constructed on the Subject Property; and (iv) defer transfer of title to the Subject Property to Developer until construction is ready to proceed. Item (iii) is hereinafter referred to as "Redevelopment Project Costs". Request for reimbursement of Redevelopment Project Costs shall follow the procedure hereinafter set forth below. Reimbursement of the Redevelopment Project Costs shall be paid out of tax increment funds generated from Development of the Subject Property on a first priority basis before payment to other parties(including the City). No interest shall accrue on all Redevelopment Project Costs from the time they are incurred by Developer until Developer receives reimbursement from the City. 8. Procedures for and Application of Reimbursement to the Developer. a. The Developer shall advance all funds and all costs necessary to: (i) to develop the Development; and (ii) undertake other matters eligible for reimbursement pursuant to this Agreement in connection with the foregoing. b. To establish a right of reimbursement for a specific Redevelopment Project Costs under this Agreement,the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibit F("Request for Reimbursement") setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The City shall have thirty(30)days after receipt of any Request for Reimbursement from the Developer to approve or disapprove of such Request and, if disapproved,to provide the Developer in writing and in detail an explanation as to why it is not prepared to pay such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that such expenditure is not an eligible Redevelopment Project Cost,that it is not contained on Exhibit E, or that it was not incurred and completed by the Developer in accordance with all applicable Development Code requirements and the provisions of this Agreement, including without limitation all plans and specifications for the improvements submitted to and pre-approved by the City. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all amendments to the TIF Act both before and after the date of this Agreement,and administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. C. The City shall pay the Developer per the amount requested on the Request for Reimbursement within sixty(60) days of receipt of a Request for Reimbursement. d. Upon written notice from the Developer, the City, within five (5) days of receipt of such written notice, shall provide the Developer with a financial statement of the Redevelopment Project Area. 9. Term. a. Unless earlier terminated pursuant to this Agreement, the term of this Agreement shall commence on the date of execution and end on December 31,2025 ("Termination Date"). b. On or prior to the date that is ninety(90)days after the date of this Agreement ("Developer Termination Option Date"),Developer shall have the unilateral right to terminate this Agreement without further obligation to Developer, if Developer (i) determines that the total estimated cost of the development of the Subject Property, as determined by competitive construction bids received, exceed the total estimated cost set forth in the projected project budget attached hereto as Exhibit D, by more than $250,000; (ii) receives an environmental assessment report indicating that Hazardous Materials (as hereinafter defined) are present on the Subject Property or that the asbestos removal and remediation by the City was not effective or created any adverse condition; or (iii) is unable to obtain a hard financing commitment for the Development. Developer shall exercise this right to terminate the Agreement by delivering written notice to the City before the Developer Termination Option Date stating that the Developer is terminating the Agreement. Said written notice of termination shall provide an explanation of why the Developer Termination Option is being exercised and include documentation supporting such explanation ("Termination Notice"). The termination of the Agreement shall be effective five(5)business days after the City's receipt of the Termination Notice, unless the parties agree, in writing, otherwise. C. In the event that Developer exercises its right to terminate the Agreement,the Corporate Authorities may, in its sole discretion, amend Exhibit E hereto to increase the amount of incentives provided by the City to the Developer so long as the sole source of such increased amount of incentives is tax increment funds generated from Development of the Subject Property. If the City and the Developer do not agree to such amendment within twenty(20) business days of the City's receipt of the Termination Notice,this Agreement shall terminate,without any further action by any party hereto. 10. Verification of Tax Increment. The Developer shall use its best efforts to cooperate with the City in obtaining copies of all real estate tax bills payable in 2008, and paid in each subsequent year during the term of this Agreement, for the Development. 11. No Liability of City to Others for Developer's Expenses. The City shall have no obligations to pay costs of the Development or to make any payments to any person other than to the Developer, as provided for in this Agreement,nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or material man providing services or materials to the Developer for the development of the Subject Property. 12. Time; Force Majeure. Time is of the essence of this Agreement,provided,however, a parry shall not be deemed in material breach of this Agreement with respect to any obligations of this Agreement on such party's part to be performed if such party fails to timely perform the same and such failure is directly due in whole or in part to any strike,lock-out,labor trouble(whether legal or illegal),civil disorder,inability to procure materials,wet soil conditions,failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, war, terrorism, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions,freight embargoes,acts caused directly or indirectly by the other party(or the other party's agents,employees or invitees)or similar causes beyond the reasonable control of such party("Force Majeure"). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred,the party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the parry to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay,which period shall commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. 13. Assignment. This Agreement may not be.assigned by the Developer without amendment of this Agreement. However,this Agreement and all Developer rights hereunder may,be collaterally assigned to Developer's lender without any further action and without the consent of the City. 14. Developer Indemnification. The Developer hereby indemnifies and holds harmless the City,its agents,officers and employees against all injuries,deaths,losses,damages,claims,suits, liabilities,judgments, costs and expenses (including any liabilities,judgments, costs and expenses and reasonable attorney's fees) which may arise directly or indirectly from the failure of the Developer or any contractor,subcontractor or agent or employee thereof(so long as such contractor, subcontractor or agent or employee thereof is hired by the Developer)to timely pay any contractor, subcontractor,laborer or material man;from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor or agent or employee thereof(so long as such contractor,subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising there from or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action,the Developer shall, at its own expense, satisfy and discharge the same. This paragraph shall not apply,and the Developer shall have no obligation whatsoever,with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors. To secure this indemnification, Developer shall require its insurer to name the City as an additional insured on all applicable insurance policies during construction of improvements on the Subject Property. Evidence of compliance with this insurance requirement shall be tendered to the City Administrator upon request. The City hereby indemnifies and holds harmless the Developer, its agents, officers and employees against all injuries,deaths,losses,damages,claims,suits,liabilities,judgments,costs and expenses (including any liabilities,judgments,costs and expenses and reasonable attorney's fees)which may arise directly or indirectly from any breach or default of the terms of this Agreement by the City,or from any negligence or reckless or willful misconduct of the City or agent or employee thereof. The City shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising there from or incurred in connection therewith. If any judgment shall be rendered against the Developer, its agents, officers, officials or employees in any such action, the City shall, at its own expense, satisfy and discharge the same. This paragraph shall not apply, and the City shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the Developer or any of its officers, agents, employees or contractors. 15. Retained Personnel. Following execution of this Agreement,Developer shall,at all times, comply with the City's retained personnel ordinance, but in no case shall be responsible for reimbursement of legal fees incurred by the City in the negotiation or drafting of this Agreement. 16. No Recourse. No recourse under or upon any obligation, covenant or provision of this Agreement, or for any claim based thereon or otherwise in respect thereof shall be had against the City,its officers,agents and employees,in any amount or in excess of any specific sum agreed by the City to be paid to the Developer or anyone of them, hereunder, subject to the terms and conditions herein; and no liability, right or claim at law or in equity shall attach to or shall be incurred by the City, its officers, agents, and employees in excess of such amounts; and all and any such rights or claims against the City,its officers,agents and employees are hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement by the City. 17. Waiver. Any party to this Agreement may elect to waive any remedy it may enjoy hereunder,provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder,or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Agreement. 18. Severability. If any section, subsection,term or provision of this Agreement or the application thereof to any party or circumstance shall,to any extent,be invalid or unenforceable,the remainder of said section,subsection,term or provision of this Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. 19. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: John B. Curtis Curtis Commercial, Inc. 1128 West Algonquin Road Lake in the Hills, Illinois 60156 And Jeffrey W. Krol Jeffrey W. Krol and Associates, Ltd. Presidents Plaza 8700 W. Bryn Mawr, Suite 810 North Chicago, Illinois 60631 To the City: City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050-5494 20. Successors in Interest. Except as otherwise restricted herein,this Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors and assigns. 21. No Joint Venture, Agency or Partnership Created; No Recourse. Neither anything in this Agreement nor any acts of the parties to this Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. 22. No Discrimination-Construction. The Developer for itself and its successors and assigns agrees that in the construction of the improvements on the Subject Property provided for in this Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment,without regard to their race,creed,color,religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms. of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment,notices,which may be provided by the City,setting forth the provisions of this nondiscrimination clause. Developer shall pay wages according to applicable law including the Prevailing Wage Act(82.0 ILCS 130/1,et. seq.),if required to be paid under such applicable law. 23. Remedies -Liability. a. If Developer fails to comply with any material provision of this Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer's part to fulfill its obligations under this Agreement. Except as required to protect against further damages,the City may not exercise any remedies against the Developer in connection with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty(30) day period, such thirty(30) day period shall be extended for such time as is reasonably necessary for the curing of the same(including as much time as is necessary to remove any liens on the Subject Property,as long as Developer is diligently pursuing the release),so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period,the default shall not be deemed to constitute a breach of this Agreement. A default not cured as provided above shall constitute a breach of this Agreement("Breach"). Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or Breach shall not operate as a waiver of any such default or Breach of any rights or remedies it may have as a result of such default or Breach. b. If there is a Breach of this Agreement by the Developer or if the Developer is in default under any agreement for the assembly of land for the Development,or if all or a portion of any such agreement is terminated, the City may elect to terminate this Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Agreement. If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy or insolvency act shall be filed by or against the Developer which is not dismissed within sixty (60) days, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts which proceeding is not dismissed within sixty(60)days,or the Developer makes an assignment for the benefit of its creditors,or a trustee or receiver is appointed for the Developer or for the major part of the Developer's property,the City may elect,to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is not required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Agreement. To effect the City's termination of this Agreement hereunder, the City's sole obligation shall be to record, in the office of the McHenry County Recorder,a Certificate of Default,executed by the President of the City or such other person as shall be designated by the City,stating that this Agreement is terminated pursuant to the provisions of this subsection, in which event this Agreement by virtue of the recording of such certificate, shall ipso facto automatically become null and void and of no further force and effect. C. If, in the Developer's judgment, the City is in material default of this Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City's part to fulfill its obligations under this Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty(30)days after giving such notice. If such default cannot be cured within such thirty (30) day period, such thirty(30)day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period,the default shall not be deemed to constitute a breach of this Agreement. A default not cured as provided above shall constitute a breach of this Agreement. Any failure or delay by the Developer in asserting any of its rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. d. If the City materially fails to fulfill its obligations under this Agreement after notice is given by the Developer and any cure periods described this Agreement have expired, the Developer may elect to terminate this Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Agreement. e. In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Agreement,either at law or in equity,including,but not limited to the equitable remedy of an action for specific performance;provided,however,no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City,its officers, agents, attorneys,representatives or employees in any amount or in excess of any specific sum agreed to be paid by the City hereunder,and no liability,right or claim at law or in equity shall be attached to or incurred by the City,its officers,agents,attorneys,representatives or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other party because of a breach of any agreement or obligation contained in this Agreement,the prevailing party shall be entitled to recover all cots and expenses, including reasonable attorneys' fees, incurred in connection with such action. f. The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it,at the same time or different times,of any other rights or remedies for the same default or for any other default by the other party. 24. Conveyance. a. The Subject Property shall be conveyed by the City to the Developer by warranty deed("Deed"). The conveyance of the Subject Property shall be consummated through an escrow with Heritage Title, in accordance with the provisions of a "New York Style" escrow agreement with such special provisions inserted as may be required to conform to this Agreement and the requirements of any lender of Developer. Concurrently with the deposit of the Deed, the City shall deposit an affidavit of title and other documentation reasonably requested by the title company in order to effectuate the closing. b. As a condition to the acceptance of the Subject Property by the Developer,the City shall deliver or cause to be delivered to the Developer,not later than thirty(30)days prior to the date of the conveyance,a title commitment for an ALTA 1992 Form Owners Title Insurance Policy ("Title Policy") issued by Heritage Title showing title to the Subject Property in the name of Developer subject only to the permitted exceptions set forth in the Owners' policy issued by Ticor Title, under policy no. 682953, dated December 16, 2005, Exhibit G attached hereto. The Title Policy shall contain affirmative endorsements against all mechanic's lien claims and over all of the standard general exceptions contained in the policy. The City shall cause the Title Policy to be issued to the Developer on the date of conveyance. C. The City shall pay all costs associated with providing an accurate survey of the Subject Property and title policy. Developer shall pay all closing costs and any other costs associated with the transfer of the Subject Property,pursuant to this Agreement. 25. Environmental Matters. The City hereby represents and warrants to the Developer that the environmental condition of the Subject Property is set forth in a certain written Environmental Assessment Reports prepared by the Green Environmental Group, Ltd., dated - October 28, 2005 and Midwest Environmental Consulting Services, Inc. dated March 13, 2006, previously provided to Developer. Other than statements and representations made therein, the Corporate Authorities represent and warrant they have no actual knowledge that Hazardous Materials (as hereinafter defined)have been placed,held,located or disposed on or at(i)the Subject Property or any part thereof, (ii)the surface waters or ground waters on or under the Subject Property;(iii)the soils comprising the Subject Property;or(iv)any improvements located thereon with respect to any of which the removal, clean-up or taking of any remedial action is or would be required under any federal,state or local environmental or similar statute,law or ordinance,and the Subject Property has never been used as a dump site or storage site(whether permanent or temporary)for any Hazardous Material, with respect to any of which the removal, clean-up or taking or any remedial action is or would be required under any federal,state or local environmental or similar statute,law or ordinance. For the purposes of this Agreement,the term "Hazardous Material"means any hazardous,toxic or dangerous waste,substance or material. Provided,however,Developer acknowledges that asbestos referenced in said Report was recently removed by the City in relation to the Medical Arts Building demolished by the City in approximately 2006. It is Developer's responsibility to further investigate, if it wishes,to determine whether the asbestos removal and remediation by the City was completely effective or caused any adverse condition to the Subject Property. 26. Amendment. This Agreement,and any exhibits attached to this Agreement,may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment,as provided by law,and by execution of said amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, negotiations and discussions relative to the subject matter hereof. 27. Counterparts. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at McHenry, Illinois. City of McHenry Its Mayor Developer By: s to Redevelopment Agreement eARCEL 1 : THAT PART OF THE SOUTHEAST 1/4 OF SECTION 26 AND PART OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT SOUTH 70 AND 3/4 DEGREES EAST, 132 FEET FROM.A POINT NORTH 32 AND 3/4 DEGREES EAST, 68 FEET FROM THE SOUTH 1/4 CORNER OF SAID SECTION 26; THENCE NORTH 19 AND 3/4 DEGREES EAST, 135.10 FEET TO A POINT IN THE SOUTHERLY LINE OF PRIVATE LANE (NOW VACATED) AS SHOWN IN PLAT OF VENICE PARK ADDITION; THENCE SOUTHEASTERLY .PARALLEL TO THE NORTH LINE OF WAUKEGAN ROAD, 56 FEET TO A POINT; THENCE SOUTH 19 AND 3/4 DEGREES WEST 135.1 FEET TO THE NORTH LINE OF WAUKEGAN ROAD; THENCE NORTHWESTERLY ALONG THE NORTH LINE OF WAUKEGAN ROAD 56 FEET TO THE POINT OF BEGINNING; IN MC HENRY COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A STAKE WHICH STANDS NORTH 32 AND 3/4 DEGREES EAST, 68 FEET FROM THE SOUTH 1/4 CORNER OF SAID SECTION 26; THENCE SOUTH 70 AND 3/4 DEGREES EAST, 132 FEET; THENCE NORTH 19 AND 1/4 DEGREES EAST, 135..10 FEET TO A POINT IN THE SOUTHERLY LINE OF PRIVATE LANE (NOW VACATED) AS SHOWN IN PLAT OF VENICE PARK ADDITION; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PRIVATE LANE (NOW VACATED) , 44.37 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 30 FEET TO A POINT IN THE NORTHERLY LINE OF SAID VACATED PRIVATE LANE, SAID LINE ALSO BEING THE SOUTHERLY LINE OF LOT 1 IN BLOCK 2 IN VENICE PARK ADDITION; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 1, 44.43 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 1, 101 .55 FEET; THENCE NORTHWESTERLY 112.2 FEET TO A POINT IN THE EASTERLY LINE OF GREEN STREET, SAID POINT BEING 145.61 FEET NORTHEASTERLY FROM THE ANGLE POINT IN SAID GREEN STREET; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF GREEN STREET 145.61 FEET TO AN ANGLE POINT; THENCE SOUTH 157.53 FEET ALONG THE EAST LINE OF SAID GREEN STREET TO THE POINT OF BEGINNING; IN MC HENRY COUNTY, ILLINOIS. PARCEL 3: THAT PART OF LOT 1 IN BLOCK 2 IN VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1, A SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL 1/4 OF SECTION 26 AND PART OF THE NORTHEAST FRACTIONAL 1/4 OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941 AS DOCUMENT NO. 152920 IN BOOK 7 OF PLATS, PAGE 68, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF BOONE LAGOON WITH THE WESTERLY LINE OF SAID LOT 1 AND RUNNING THENCE SOUTH 28 DEGREES AND 31 MINUTES WEST, ON THE WEST LINE OF SAID LOT 1, FOR A DISTANCE OF 48.41 FEET TO A POINT; THENCE SOUTHEASTERLY ON A LINE FORMING AN ANGLE OF l06 DEGREES AND 38 MINUTES TO THE LEFT, WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 31 .97 FEET TO A POINT; THENCE NORTHEASTERLY ON A LINE FORMING AN ANGLE OF 83 DEGREES 35 MINUTES 50 SECONDS TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, AT THE LAST DESCRIBED POINT, FOR A DISTANCE OF 43.17 FEET TO THE SOUTHERLY LINE OF SAID BOONE LAGOON; THENCE NORTHWESTERLY ON THE SOUTHERLY LINE OF SAID BOONE LAGOON FOR A DISTANCE OF 23 FEET TO THE PLACE OF BEGINNING; IN MCHENRY COUNTY, ILLINOIS-. 33�} "' ' L1 7 LEGAL DESCRIPTION Vacant laud,.IDS acres,McHenry,I}iinozs THAT PART OF LOT 1 IN BLOCK 2 IN VENICE PARK ADDITION TO McHENRY,UNIT NO_ 1,A SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 26 AND PART OF THE NORTHEAST QUARTER OF SECTION 35,ALL IN TOWNSHIP 45 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25, 1941 AS DOCUMENT NO. 152920,IN BOOK 7 OF PLATS,PAGE 68,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 THENCE NORTH 28 DEGREES 42 NENUTES 56 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 1,A DISTANCE OF 62.27 FEET;THENCE SOUTH 77 DEGREES 55 hffNL3TES 04 SECONDS EAST,A DISTANCE OF 31.97 FEET;THENCE SOUTH 17 DEGREES 32 MINUTES 13 SECONDS WEST,A DISTANCE.OF 64.82 FEET TO THE SOUTH LINE OF SAID LOT 1;THENCE NORTH 71 DEGREES 33 MINUTES 47 SECONDS WEST ALONG SAID SOUTH LINE,A DISTANCE OF 43.90 FEET TO THE POINT OF BEGINNING,IN McHENRY COUNTY,ILLINOIS. 16 -- 18 - 0327 EXHIBIT IIBIT B to Redevelo t Agrlea mt r r.: *,.�;ni7:' "„*a-:ws .�y°"r�.'i° 'Sz"'Y.,a"' a ,y � „x ra•�'S 1"�'•'-; �s.�F r 9 '�`� 5 �.3 �' * .tv�xr M.e * �,I �� r'�' •,�ys°�n,�« ,fix„ .��rr' `"+c ry�,s z; - s o-�� a i s is.. e'� I 't°' � ,....� s .+"•c� .tkZ.;- �. a v 2" t21 .r ° e .{"3 I tYx,` 0 3 .'?^ ! - dip }f.:#f i, .. ri,W ay .n,,— .y�.. �r �1.0t s �":'rr� i' ,IE .k''.' 7 �,..s ' fSyp" Ewq•'u r r' i k �' a 1r G+.,,„ ! •^ a�.*^-'�- yyY4 �' h r ilg Ray7,t 'L ✓w'S- a, tr ryt a.,c• �r*•�, - v 5 F5¢ k3z y�h� 'h-4 I.,�.!': ',;r,� r+1T. nr 1~ `•..� +r tr=J':y �x t l�"„,yi"F+f''" ,,vM .rs Y o• y7 .r „c ii-"f" '� ip�• t .� t..<-i ig, `"'>t-.9 }. 4. Y 7< �dF 2 1#'i Y5 >3.3. 4 '�4x..4ra"y d�"Y]:�a3�x �" S�� t'a" .w ,.a �fv s t"•tf'�+ -u$'>�S rya".. ...� i c�3�4 5 Y.s• .'$ 4�'. fl'— a.•, n €c•m,.�,.'�'py>F•5xS4�d$gay`d'' �, !Ft"-�,�a e'"g �;t."�f..�- _ _ ' Y r^e�vc w r v -a, Ttp..< y, • ~ x 1- tj Rig 7-7 1� =e H l"fil Fij yy r2 -- L ` ,. . '�vrct�.,,x•{ s; `ram`-„�' "_"""ms¢'raroar Fronts ECevx�i .y�� dr s 64 i � s� < _ �:f. n sue• > �;" g'.' +c S �s"` i ,�3 ° a^cs: `' x guts Nge _� "'"rs.�,_ .�� sna�"� 3`" NFRI ' F:r f1r • :_pj11 1 . �..' '' -.� I I ': �'y � �:: r �� t :-x 13 i ff■ .,x �n p^, ■u 'p�1ye 1 ���___`' 6" 11 tea: ^� ...-,.,::. � ' .. , .- ' .' ,■ g_ •u a1 1 —_�� ,..—gam .� Am .. is 1i ■n ■ s --•. -,o. .. � ;_�'1 — , a a _� • E _ .......... . i Q'I Rear Elena io •k Mk Oirtw. caLL N 4aYY � 2 Plot }i " 9 f i a k. "'»�` °3j �' .' '^•x. s'-"T ;- -' f r '� �Y w �acf52 ..a. ��.�� s` 3�m•'� �'� z ,r Y,� c^'t Zoo 9 ro RAI n• ' � i ��f i��•wr"�Mai^- w a t n ul•� ,a _""''a-t+�: xa44 �Nf y """'^�-.;�T� t--.. �- � _ _ - r-r•,�_ t r a r , r �} f � y t ' r F-16orptan for First.Floor F RoWil y r Retail. ` a h V Retail Y ry � 1 1 ;n Retail RResideadal } starag ;-r. 2 Level Parking Garage 1. Retail ./14 \ EXHIBIT C to Redevelopment Agreement Date: Escrow Officer: Escrow No.: STRICT SOLE ORDER ESCROW To: Heritage Title Company 4405 Three Oaks Road Crystal Lake,Illinois 60014 The accompanying Warranty Deed and PTAX Real Estate Transfer Declaration form are hereby deposited with Heritage Title Company, as escrowee, to be filed in the Office of the Recorder of Deeds for McHenry County upon written letter of direction signed by the Mayor of the City of McHenry representing that the McHenry City Council has determined that the Developer referenced in a Redevelopment Agreement dated , 2007 ("Redevelopment Agreement") is in material breach of its obligations there under, has been given all required notice and has failed to remedy the breach and that the Warranty Deed deposited in escrow shall be filed in the Office of the Recorder of Deeds for McHenry County or in obedience to the process or order of the Court as aforesaid. The Heritage Title Company, as escrowee, is hereby expressly authorized to disregard, in its sole discretion, any and all notices or warnings given by any of the parties hereto, or by any other person or corporation, but the said escrowee is hereby expressly authorized to regard and to comply with and obey any and all orders,judgments or decrees entered or issued by any Court with or without jurisdiction, and in case the said escrowee obeys or complies with any such order,judgment or decree of any court, it shall not be liable to any of the parties hereto or any other person, firm or corporation by reason of such compliance, notwithstanding any such order,judgment or decree was entered without jurisdiction or be subsequently reversed, modified, annulled, set aside or vacated, in case of any suit or proceeding regarding this escrow, to which said escrowee is or may be at any time a party it shall have a lien on the contents hereof for any and all costs, attorneys' and solicitors" fees, whether such attorneys or solicitors shall be regularly retained or specially employed and other expenses which may have incurred or become liable for on account thereof, and it shall be entitled to reimburse itself therefore out of said deposit, and the undersigned jointly and severally agree to pay to said escrowee upon demand all such costs and expenses so incurred. In no case shall the Warranty Deed deposited herewith be surrendered except upon the above-referenced written letter received from the City of McHenry or in obedience to a Court order, or upon written notice from the City of McHenry that Developer has completed all of its obligations under the Redevelopment Agreement and that the Warranty Deed shall be returned to the City of McHenry. The foregoing terms, conditions and instructions have been read and approved and the Escrow Fee is to be charged to and paid by the following parties upon the execution of this escrow agreement: CITY OF McHENRY DEVELOPER By: City Administrator Agreed to and accepted by Escrowee, Heritage Title Company By EXHIBIT D to Redevelopment Agreement i!io North Green Street ildc�erny-;3lIinnis TOTAL REVENUE Candmniniums(24 Units) $ 7;416,000 Commercial(17,000 sq it) S 3,625,00D Boat Slips,Net $ 240,QOD Commercial Rental Revenue $ 154,417 TOTAL REVENUE S 41,665,4 i7 PROJECT COSTS TOTAL LAN13 !arid Acc}ulsiiain $ 1,348, Closing Casts S f 0,000 SUBTOTAL LAND $ 1,358,972 SITE IMPROVEMENTS 01-LEVEL PARKING GARAGE $ 619,550 HUILDING-SITE $ CAISON5 $ - OTHER $ 366,680 SUBTOTAL SITE IMPROVEMENTS S 1,467,230 NEW CONSTRUCTION COSTS S4ell $ 3,744;goo Condo $ 1;800,066 ReW $ 720,000 General Conditions $ 240,000 Contingei.94. 5'. 360,060 SUBTOTAL NEW CONSTRUCTION $ 6,864,600 SOFT COSTS Real Estate Taxes $ 48.()QG Permits I Impact Fees $: 287,000 Survey and Engineering $ 25,WO ArcWtect $ 1.25,000 Legal-Purchase Legal-Lease $ 25,000 Legal-Cpnda Closes 5 25,000 Legal_Closes S 10,000 TI Allowance $ 135,000 Rent Abatement $ - Auaun6ng/Tax $ ZO,QOU Prufassionel Fees(ConsutlanWSktdtes) $ 50,01)0 Sales 3 Nlaiketing Office $ 50,000 Baker Fees Residential $ 370,800 8roker.Fees-Commercial Leasing $ B5,000 8roket Fees-Commercial Exit $ 1141750 Closing Casts(condo,!retail) $ 115,6.54 GC Fee $` 575,D00 Project G.s.Pk $ 425;000 Project Insurance $ 150,000. Salt Cost Contingency $ 100,000 Office $ 120,00.0 Interest $ 650,D00 Loan Costs 3 50,000 SUBTOTAL SOFT COSTS # 3,76T,204 TOTAL,DEVELOPS'04TCOST $ 13,057,4 6 Exhibit E to Redevelopment Agreement Redevelopment Project Incentives Land Acquisition/Site Preparation (including 4 piers accommodating 8 boat slips) $1,348,972 Permit Fee/Impact Fee Reimbursement $ 227,000,plus 50% of any fees in excess of $287,000 Public parking deck $ 424,028 $2,000,000, plus 50% of any fees in excess of $287,000 Exhibit F to Redevelopment Agreement Form of Request for Reimbursement REQUEST FOR REIMBURSEMENT City Administrator City of McHenry 333 South Green Street McHenry,Illinois 60050-5494 Re: Redevelopment Agreement, dated , 200 (the "Agreement'), by and between the City of McHenry,an Illinois municipal corporation and (collectively the"Developer') Dear Sir: You are requested to disburse funds from the Special Tax Allocation Fund pursuant to Section 4(b) or Section 4(c) of the Redevelopment Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. The terms used in this Request for Reimbursement shall have the meanings given to those terms in the Redevelopment Agreement. 1. Request for Reimbursement No.: 2. Payment due to: 3. Amount to be Disbursed: 4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to reimburse the Developers for those Redevelopment Project Costs of the Development detailed in Schedule 1 attached to this Request for Reimbursement. 5. The undersigned certifies that: (i) the amounts included in 3 above were made or incurred in connection with the construction of the Development and were made or incurred in accordance with the construction contracts,plans and specifications heretofore in effect; (ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement,represents a part of the funds due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Redevelopment Project Costs Exhibit B to the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developers'books and are set forth on the attached Schedule 1,with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developers for its funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developers pursuant to the Agreement (excluding there from interest on Notes) is not in excess of (vi) the Developers are not in default under the Redevelopment Agreement and nothing has occurred to the knowledge of the Developers that would prevent the performance of its obligations under the Redevelopment Agreement. 6. Attached to this Request for Reimbursement is Schedule 1, together with copies of invoices or bills of sale and Mechanic's Lien Waivers covering all items for which reimbursement is being requested, and a copy of the Redevelopment Project Cost Schedule on which it has been noted all Redevelopment Project Costs heretofore reimbursed to the Developers. Developer Date: By: Its I . to Redevelcnt Agre [�ent 11 <- r ii. 1 . SCR'I`I L1. , O �'S PLIC192 . �y 1�Lizl: h ... ., ::. ... ...: I �HEDrJLE'Ii _. ��Lco �a�� o.ao�s2Q�� .Ss I'llE�'TIS EXC c p� AGAIIvS£ LCSS 0 R Dt�rAGE TATE33 Byy: iZia.SI1i TFiTS pt}i,ICY'; L`OrS .NOT ,Z I L7 r'1ITflItix, FEF i� 'Y NSES �1t D THV COM 'ANY Y�7ILL .NOT ��Y OS : {'. _ - Q51;. TrTE F QLI�c7iQING; ,, _,._ 0NSPi; i 1 . 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Air b TLC Trt� PI2EF AATD t7i311 -_RI.t1C s r l?, A17JOIT IdGi. nR{}EE'PT�I C3WN�R5 C3tdr OF T�A7 EIS, dill,In k V AFFECT'S P1'CEIS AI�T -, . q,:... .:. .;i, .. ._ " :?. ;" c i r S ztIGItTS OF 3rlAY FOR DFLATLT�GE fiILFS, i. DIT I3ES:, FF"EF7ERS I7D L�1T''RAT�S, Tk AtT , FDIC Tt?� STATF OF LI TN IS AND TH£ M17�TZC 'AL ZTz IN DTI �I`{7 r 5'' 1ZIGTI S Q. TTx PCTE r jx3A PARS t'F 'PT3E IuAt4T3� IF ,P � TAFr Ij OR E7S D FOR ROPD �'T3RPOSk S _._.. . .. _ . �' 7' PROtTi82?ts� COI�fiAINFD Tt3 TFi� PLAT OF v�NsCE PARFZ AT3PI PI- , Ii R"CHFD R f ITVZT 7 , x R HIC,it7A��5 r�FO1�ESRI. Flo F}Is•ING TO; SIRFET5°AFVD P F'FE CTS pARCEL 3 a Q' 8 F3 1 I .ING; LTA`ES SS. [1t TATIuFD I THE t� ORrSr� ii LtA T �; ;. AFF�'-AlC�S.,THe NORTHEF22, 4. 25'; FEE"` $ACk;FRO'.1 0IAST' LEI z rFFCTS :PARCEZ 3 i:: ,,_�_:','�::: � '! , .. !.::: ., � `!��'�����,�:��i�:���:�,,,�",.,:,? ;�".�::�,I �!!� ,:.�� : �U: ., � I .- . :�,-, �� .��,��i��i�l� i i ilr."",i,*..I. ��- �i ao ! ARM AA i , �'�i!:.,..i:�!!!��! in&wi: ��;' '.. AND of Mc-i ,n anti Exceptions from coverage acceptable to' t�e C�cuiently on order r as`referenced in an owrer'spo velo er Develope arcel beu1 acquired by De : P relating to ahe .05 acre P . . .. .�: :. .:.' DU' ,SN .1: ��..17 it , ,i:L Second Amendment to Redevelopment Agreement THIS SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT ("Second Amendment") is entered into this day of 2009, between the City of McHenry, an Illinois municipal corporation ("City"), McHenry Riverwalk Center, LLC, an Illinois limited liability company ("Developer") and Curtis Commercial, Inc ("Former Developer"). RECITALS A. On or about March 5, 2007 the City entered into a Redevelopment Agreement with the Former Developer("Original Agreement"), which, in accordance with the terms of this Second Amendment, the Former Developer desires to hereby assign all of its right title and interest in and to the Original Agreement to the Developer pursuant to this Second Amendment. All capitalized terms not defined herein shall have the definitions set forth in the Original Agreement. B. On or about April 7, 2008, the parties to the Original Agreement executed a First Amendment to Redevelopment Agreement("First Amendment"). C. The parties hereto desire to entirely replace the First Amendment with this Second Amendment. NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. Incorporation of Recitals. All of the recitals contained in this Second Amendment are true and correct and are hereby incorporated into this Second Amendment as though they were fully set forth in this Section 1. This Second Amendment replaces in whole the First Amendment and the terms of this Second Amendment shall be deemed effective as of April 7, 2008. 2. Return of Expense Deposit. Developer shall be entitled to remove the Expense Deposit that it deposited in connection with the Original Agreement from the segregated account and shall have no further obligations with respect to the Expense Deposit. 3. Construction. a. Section 4 of the Original Agreement is hereby amended by deleting "but in any event not later than August 1, 2007." b. Section 4 of the Original Agreement is hereby amended to provide that any boat piers constructed by Developer on Boone Lagoon, shall be constructed at its cost and be designed and constructed the same as those constructed as part of the Riverwalk Place Subdivision to the east of the Subject Property. Any and all boat piers so constructed by Developer on Boone Lagoon shall be and available to.the general public and be constructed parallel to the Subject Property water front and be in the nature of a temporary docking (not overnight) use. The City shall provide Developer with necessary construction and access easements from the Subject Property to Boone Lagoon for the construction and use of boat piers. 11. Title Company. All references in the Original Agreement to "Heritage Title Company"shall be revised to read"First American Title Insurance Company." 12. Title Insurance. Notwithstanding anything to the contrary in the Original Agreement, the Title Policy paid for by the City shall be in an amount equal to $1,348,972, which is the agreed upon value of the Subject Property. 13. Exhibit B. The floor plan for the First Floor attached as Exhibit B to the Original Agreement shall hereby be deemed amended to delete the reference to "2 Level Parking Garage" and read "A parking lot providing five (5) open public parking spaces on the east side of the parking lot, eight (8) covered private parking spaces and sixteen(16)private parking garages and shall be constructed here." 14. Exhibit D. Exhibit D of Original Agreement is hereby deleted and.replaced with Exhibit D attached hereto. 15. Exhibit E. Section 7 of the Original Agreement shall be amended replacing the provision in section 7 (iii) with the following: 7 (iii) reimburse the Developer for $624,028 relating to the following costs: public parking spaces within the parking lot ($182,430),public boat pier ($47,000) landscaping improvements ($110,598) and site development ($284,000);" and no other changes to Section 7. In addition, Exhibit E to the Original Agreement shall be amended replacing the reference to "Public Parking Deck...$424,028" with the following: "$624,028... (allocated as follows: public parking spaces within the parking lot ($182,430), public boat pier ($47,000) landscaping improvements ($110,598) and site development ($284,000);". In addition, Exhibit E to the Original Agreement shall be amended replacing the reference to $2,000,000 with $2,200,000. No other changes to Exhibit E to the Original Agreement are hereby made. 16. Advertising Signs. During construction of the Project,- Developer shall be permitted to place advertising information on one side of its construction fencing along Green Street. 17. Conflicts. In the event the terms of this Second Amendment conflict with the terms of the Original Agreement, the terms of this Second Amendment shall govern. Except as specifically provided herein, the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed by their duly authorized officers on the above date at McHenry, Illinois. City of McHenry McHenry Riverwalk Center, LLC By: By: Its Mayor John Curtis, Its Manager Curtis Commercial, Inc. By: John Curtis, Its President .,.,.� _.. _.,..n. ........ 0407 ALI W .. •+ a - .. � �,.v �t:,�""�" , o . -y 7�4g "T7. I ""( 1 yeti b ...a .striped-off space at wcisiinJ fllilil7;gale l � .. 44 _ : . r • " . 3 -�- ► _ P _ ARKING •4 :.. " EXHIBIT ri•:, ° • CURTIS COMMERCIAL McHENRY, IL �r ONAEGER ENGINEERING i corlsulitn engineers 9 sneers land stLveyors ' 1300 FF.n aro..Rid,sd,�eKI,R am n•rd-M7.ri1_"W F_sar.aa°.esoe t Protect Manager- MLA Engineer- Sheet { Date: 10.6-09 P Engineer. 1eci ee 07-039E - Plot Dole: Oct 06,2009-12:23pm Plotted 0y:mike-o Layout:8.5xl 145 EXhibit A to Second Amendment to Redevelopment Agreement File Name:P:\2007\07039\Dmwings\Workspace-Engineers\McHenry Public Parking Lot.dwg ©2ao9tt,.WE.W...n.y,ac McHENRY RIVERWALK 2nd AMENDED DEVELOMENT PRO FORMA DEVELOPMENT AGREEMENT 7-Dec-09 LAND Land $ 1,348,972 Closing Costs $ 10,000 TOTAL LAND $ 1,358,972 CONSTRUCTION Parking Garage $ 524,096 Site Work $ 749,126 Shell,Residential and Retail $ 6,630,557 Contingency $ 55,052 TOTAL CONSTRUCTION $ 7,958,831 . SOFT COSTS Permits and Fees $ 237,000 Interest Expense $ 718,000 Other Soft Costs $ 3,245,057 Contingency $ 140,000 TOTAL SOFT COSTS $ 4,340,057 TOTAL PROJECT COSTS $ 13,657,860 LESS:Lanz!and Permit $ (1,575,972) NET PROJECT COSTS $ 12,081,888 TIF Reimbursement $ 624,028 FORECASTED REVENUE $ 11,283,330 FORECASTED PROFIT $ (174,530) Exhibit D to Second Amendment to Redevelopment Agreement ORDINANCE NO. ORD- AN ORDINANCE AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT ("THIRD AMENDMENT") TO A REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY, AN ILLINOIS MUNCIPAL CORPORATION ("CITY"), 1110 GREEN LLC,AN ILLINOIS LIABILITY COMPANY("THIRD DEVELOPER")AND FIRST MIDWEST BANK N.A. FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF GREEN STREET AND WAUKEGAN ROAD AND COMMONLY KNOWN AS 1110 N GREEN STREET,MCHENRY,ILLINOIS 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 execution of this agreement constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens; and WHEREAS, On or about March 5, 2007, the City entered into a Redevelopment Agreement for the property commonly known as 1110 N Green Street, McHenry, Illinois (the "Original Agreement") with Curtis Commercial, Inc. ("Original Developer"); and WHEREAS, On or about December 14, 2009,the parties to the Original Agreement and McHenry Riverwalk Center, LLC ("Second Developer") executed a Second Amendment to Redevelopment Agreement ("Second Amendment") which provided in part that all of Original Developer's right, title and interest in and to the Original Agreement was assigned to the Second Developer; and WHEREAS, On or about , 20 the Second Developer conveyed to First Midwest Bank, N.A., by a deed in lieu of foreclosure, all of its right, title and interest in the property commonly known as I I10 N Green Street, McHenry, Illinois (the "Redevelopment Property"), and all its interest in the Redevelopment Agreement, as amended; and WHEREAS, The Third Developer ("Third Developer") has entered into an agreement with First Midwest Bank, N.A., to purchase the Redevelopment Property; and WHEREAS, the Corporate Authorities of the City of McHenry have found that entry into said Third Amendment("Third Amendment") is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Mayor and City Clerk are hereby authorized to execute the Third Amendment(attached hereto as Exhibit A and made a part hereof). SECTION 2: All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this day of , 20_ Voting Aye: Voting Nay: Not Voting: Abstained: Absent: Mayor ATTEST: City Clerk EXHIBIT A THIRD AMENDMENT TO THE REDEVELOPMENT AGREEMENT J THIRD AMENDMENT TO REDEVELOPMENT AGREEMENT This Third Amendment to Redevelopment Agreement("Third Amendment") is entered into this day of April, 2011,between the CITY OF MCHENRY, an Illinois municipal corporation("City") and 1110 GREEN LLC, an Illinois limited liability company("Third Developer"). (Need to include the bank for its consent to amend the second amendment) RECITALS A. On or about March 5,2007, the City entered into a Redevelopment Agreement for the property commonly known as 1110 N. Green Street,McHenry,Illinois(the"Original Agreement")with Curtis Commercial, Inc. ("Original Developer"). B. On or about April 7,2008, the parties to the Original Agreement executed a First Amendment to Redevelopment Agreement ("First Amendment"). C. On or about December 14, 2009,the parties to the Original Agreement and McHenry Riverwalk Center, LLC ("Second Developer") executed a Second Amendment to Redevelopment Agreement("Second Amendment")which provided in part that all of Original Developer's right,title and interest in and to the Original Agreement was assigned to the Second Developer. The Original Agreement amended by the First Amendment and the Second Amendment is hereafter referred to as the"Redevelopment Agreement, as amended." D. On or about ,20_,the Second Developer conveyed to First Midwest Bank,N.A.,by a deed in lieu of foreclosure, all of its right,title and interest to the property commonly known as 1110 N. Green Street,McHenry, Illinois(the"Redevelopment Property"), and all its interest in the Redevelopment Agreement, as amended. E. The Third Developer has entered into an agreement with First Midwest Bank, N.A.,to purchase the Redevelopment Property. NOW, THEREFORE,the parties, for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, agree as follows: 1. All of the recitals contained in this Third Amendment are true and correct and are hereby incorporated into this Third Amendment as though they were fully set forth in this Section 1. This Third Amendment shall be deemed effective as of April 11, 2011. 2. Any reference to the term"multi-family residential housing condominium," "condominium homes,""owner-occupied"units or similar term evidencing the intent of the parties that the residential units which are a part of the Redevelopment Property shall be owner occupied, in the Original Agreement, attached exhibits, or amendments thereto,or in the Site Development Plan referenced in the Original Agreement or amendments thereto, is hereby amended to include the term"rental apartment units leased by the Third Developer"as being permitted by the City. The Third Developer is permitted to rent the residential units which are a part of the redevelopment property to third parties or convert said units to individual,residential condominiums pursuant to the Illinois Condominium Property Act. 3. Each residential rental unit in the Redevelopment Property(the"residential rental units") shall be subject to an occupancy limitation based solely upon each unit's size and the City of McHenry Building Code, Section 404.4 and Table 404.5, a copy of which is attachecl..hereto-•as - "Exhibit A". The maximum occupancy for each residential rental unit,based-u`pon the square footage of each such unit is set forth on the River-w23k Information sheet which is attached hereto as"Exhibit B". The tenants of each residential rental unit shall be subject to rules and regulations for the Redevelopment Property, a copy of which is attached hereto as Exhibit C. The City shall have the right,but not the obligation,to enforce the terms of Exhibit C,which shall not be amended without the written consent of the City. The City shall not exercise its right to enforce Exhibit C without providing the Third Developer with written notice to cure in accordance with provisions within the Original Agreement. In addition,the Third Developer shall strictly comply with phase I and phase H of the City of McHenry Police Department's Crime Free McHenry Housing Program, as amended from time to time. Provided,however,the Third Developer shall not be required to post signs on the property regarding said program. In the event the City exercises its right to enforce Exhibit C,the Third Developer shall reimburse the City for all of its costs incurred including reasonable attorney fees and costs. 4. Within forty-five(45) days of the date the Third Developer closes its purchase of the Redevelopment Property from First Midwest,N.A.,the Boat Slip Access Easement and Assignment, dated October 28, 2008, and recorded on December 30, 2008 in the McHenry County Recorder of Deeds office as Document Number 2008R0063234("Boat Slip Agreement") shall be amended to provide, inter-alia,that the easement,revocable license area, and boat slips referenced therein may be used by the Third Developer and the tenants of the residential rental units. Paragraph 3 of the"Piers and Boat Slip Assignment"set forth in said Boat Slip Access Easement and Easement Agreement shall be amended to state that the Right of First Offer referenced therein shall apply to the eight(8) slips at the amount agreed upon between the Third Developer and a good faith third party buyer. The Third Developer shall be entitled to transfer all of its remaining boat slips to any third party who purchases all of the Third Developer's interest in the Redevelopment Property without the requirement that said slips be first offered to the City for purchase. 5. The Third Developer shall be permitted three(3)temporary banners, for a period not-to-exceed two hundred and ten(210) days from the date the Third Developer closes its purchase of the Redevelopment Property from First Midwest,N.A.,not to exceed 64 square feet each. The Third Developer shall also be entitled to the use of two sandwich board open house signs, 10 square feet each,placed so as not to impede pedestrian traffic during its business hours. The Third Developer shall also have the option of seeking permanent sign variances before the City Council if deemed necessary. 6. Section 7 (iii)of the Original Agreement shall be amended by deleting the reference to "Developer"and substituting in its place the words"Third Developer." 2 7. The Third Developer hereby guarantees and assumes all of the obligations of McHenry Riverwalk Center, LLC relative to a Third Party Beneficiary and Indemnification Agreement dated August 30`h,2010, a copy of which is attached hereto as"Exhibit D". 8. Section 8.b.c.d. and Exhibit F of the Original Agreement shall be amended by deleting any reference to "Developer" and substituting in its place"Third Developer". By virtue of this Third Amendment, the parties acknowledge that the Third Developer shall be eligible to receive a maximum reimbursement from the City of the Redevelopment Project Costs, of $624,028.00, as if it were the party which advanced the funds and costs necessary to develop the Development a set forth in the Redevelopment Agreement and any amendments thereto. 9. The first sentence of Section 5 of the Second Amendment to Redevelopment Agreement is deleted in its entirety and the following substituted in its stead: "Prior to the sale of any residential dwelling units, Third Developer shall draft and file with the McHenry County Recorder of Deeds a condominium declaration against the Redevelopment Property ("Condominium Declaration'). 10. No later than one hundred and eighty(180)days from the date the Third Developer closes its purchase of the Redevelopment Property from First Midwest,N.A., Third Developer shall, at its sole cost and expense,reconstruct the parking lot referenced in Section 4 of the Second Amendment(the"WAHL parking lot"). The specifications of said reconstruction shall be those referenced in Table T1-3, Structural Requirements, for a Bituminous Residential Collector as listed in the Technical Specifications Manual and Standard Details as part of the City's Subdivision Control and Development Ordinance adopted January 19, 2004 by Ordinance No. MC-04-941 and amended August 6,2007 by Ordinance No. MC-07-926 by the McHenry City Council. In addition,no later than three hundred(300) days from the date the Third Developer closes its purchase of the Redevelopment Property from First Midwest,N.A.,the Third Developer shall, at its sole cost and expense, complete interior construction all of the residential rental units and obtain all 27 certificates of occupancy for the residential units,within said three hundred(300) days of the date hereof. The city shall not reasonably withhold the issuance of said occupancy permits. The parking lot reconstruction and completion of the residential rental units shall collectively be referred to as, "Parking and Completion Requirements". Other than meeting the Parking and Completion Requirements,the Third Developer shall not be required to obtain any building or other permits from the City or pay any fee or cost to the City as a condition of allowing it to complete the interior of any of the residential rental units. In order to secure timely compliance with the Parking and Completion Requirements, any TIF distributions otherwise payable by the City in 2011 shall be withheld until the Third Developer has met the obligations of the Parking and Completion Requirements. 11. The City represents and warrants to the Third Developer as follows: a. That,with respect to the Redevelopment Agreement, as amended, and the Redevelopment Property, all of the Developer's financial obligations,with the exception of obligations referenced in this Third Amendment have been fully performed and accepted by the City. 3 b. That the Third Developer shall be allowed to construct additional physical amenities including but not limited to a gym area,business center and/or common roof top sun deck, subject to the provisions of the applicable City ordinances. C. That all parking requirements for the Redevelopment Property have been met,with the exception of the re-construction of the WAHL parking lot. d. That there are no outstanding building code,zoning ordinance, or any other City of McHenry code violation with respect to or affecting the Redevelopment Property. e. That the Redevelopment Property is zoned C-4 Commercial District by the City of McHenry Zoning Ordinance and that there are no minimum parking requirements for any permitted uses in said zoning district. 12. The City hereby consents to the assignment of the right,title, and interest in and to the Redevelopment Agreement, as amended from the Second Developer to the Third Developer. This Third Amendment shall run with the land,be filed in the office of the McHenry County Recorder of Deeds and be binding upon the parties hereto and their successors and assigns. Third Developer may also collaterally assign all of its rights hereunder to Third Developer's lender without any further action and without consent of the City and to any third party,without any further action and without consent of the City as long as the third party agrees to be bound to the terms and provisions of the Redevelopment Agreement, as amended, and this Third Amendment. 13. In the event the terms of this Third Amendment conflict with the terms of the Redevelopment Agreement, as previously amended, the terms of this Third Amendment shall govern. Except as specifically provided herein,the Redevelopment Agreement, as previously amended, shall remain in full force and effect. 14. All notices, demands,requests, consents, approvals, or other instruments required or permitted by this Amendment and the Redevelopment Agreement, as amended, shall be in writing and shall be executed by the party or an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third(3rd)day from and including the date of posting, if mailed by registered or certified mail,return receipt requested,with postage prepaid, addressed as follows: To the Third Developer: Roy Blavvise 1110 Green LLC 655 Irving Park Road, Suite 105 Chicago, IL 60613 With a copy to: Steven J. Cuda Hamer, Schuh &Cuda 101 Van Buren Street Woodstock, IL 60098 4 To the City: City Administrator City of McHenry 333 South Green Street McHenry, IL 60050 With a copy to: David W. McArdle Zukowski,Rogers,Flood&McArdle 50 Virginia Street Crystal Lake, IL 60014 15. This Third Amendment shall be null and void in the event Third Developer fails to close its purchase of the Redevelopment Property from First Midwest,N.A. within one hundred and twenty(120)days of the date hereof. 16. No single party shall be deemed to have drafted this Third Amendment or any portion thereof. This Third Amendment is a product of the collaborative efforts of the parties and their attorneys. IN WITNESS WHEREOF,the parties hereto have caused this Third Amendment to be executed by their duly authorized officers on the above date in McHenry, Illinois. City of McHenry 1110 Green, LLC By: By: Its Mayor Its Manager Midwest Bank By: Its M\McHenryCityoACurtisDOL\RedevelopmentAgnt.3rdAmendment.doc 5 Exhibit"A" City of McHenry Building Code,Section 404.4 and Table 404.5 tVoai�aar lam bettweeaOymmufe,moma.p oe.+oir Ir, a amd watae rraabdt�a+e+adaeeoairi�iokbei�tdawe9arl� ,6 .,, 7*wk CU34 no). K�: L b sml0.ant n3 aippaik aaat baaar Ase�i ani�oa cone ,.. .; pa+q�aotiayoateeere3�iis�ae(1�ssaglba�iaa. 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No dogs, cats or other animals shall be kept or allowed in the Premises except with the Lessor's prior consent and subject to the conditions set forth in any such consent.No animals shall be permitted without a leash in any public areas of the Premises. Assist animals are permitted. 2. No additional locks or other similar devices shall be attached to any door without Lessor's written consent. 3. Lessee shall not install or operate any machinery,refrigeration or heating devices or use or permit onto the Premises any inflammable fluids or materials which may be hazardous to life or property. 4. Hallways, stairways, and elevators shall not be obstructed or used for any purpose other than ingress and egress for the Building,nor shall children be permitted to play in the common areas,nor shall Lessee place or store any items in the hallways or common areas of the Building. 5. No musical instrument shall be played and no radio or television set shall be operated at any time in such manner as to disturb or annoy other occupants of the Building,nor shall other noises be made which will disturb or annoy any occupants of the Building. Operation of electrical devices which interfere with radio or television reception shall not be permitted. 6. All moving and delivery shall be through the rear entrance, stairway or service elevator at hours designated by Lessor. 7. Lessee shall maintain the smoke detectors and carbon monoxide(CO)detectors, and replace the batteries when necessary. 8. Lessee shall inform the Lessor in writing of Lessee's intent to renew not less than forty- five(45) days prior to Lease expiration. 9. Washrooms shall not be used for any purpose other than that for which they are designed, and no rubbish,rags, or injurious items shall be placed in plumbing facilities or receptacles. 10. Lessee shall not place or permit any article or antenna outside of the windows, on the exterior walls, or on the roof of the Building, and shall not throw or drop any article from any window. 11. Lessee shall not place, erect or install any signs or advertisements on the windows, nor on any part of the Building or Premises. 12. All garbage or refuse shall be securely wrapped and placed in the incinerator or garbage container. 13. Waterbeds shall not be permitted in the Premises without Lessor's written consent. 14. Lessee shall not interfere in any manner with the heating or lighting or other fixtures in the Building,nor run extension cords or electrical appliances in violation of the Building Code. 15. Lessee shall not solicit, canvas or conduct any door-to-door activities on the Premises. 16. Lessor requires Lessee to provide appropriate renter's insurance for Lessee's personal property. 17. Right of Access to Show Apartments to Prospective Tenants and Purchasers: Lessor shall have the right to show the apartment to all prospective tenants and purchasers, and any of Lessor's other invitees, in accordance with local statutes and/or ordinances. Tenant shall not interfere with Lessor's efforts to lease the apartment or sell the property, and tenant shall be liable for any damages caused by breach of this provision. 18. Lessor has the right to bar individuals from the Premises. Tenant must inform their guests of all Lease provisions regarding use of the Premises and all rules and regulations. If these provisions are violated by the tenant's guests,the guest may be barred and/or arrested for criminal trespassing, after they have received a barred notice and then have been placed on a barred list by Lessor. If the tenant violates the Lease or any of the rules and regulations, it shall be grounds for termination of tenancy. 19. The outside window covering shall be of a neutral color. 20. If Lessee vacates the apartment prior to the Lease expiration without benefit of any approved sublet or Lease cancellation agreement,the apartment will be placed on the market when vacant and the apartment keys are returned. Lessee shall be responsible for monthly rent until the Lease expires or the apartment is re-leased. "Exhibit D" Third Party Beneficiary and Indemnification Agreement dated August 30t6,2010 ORDINANCE NO.ORD-10-1512 AN ORDINANCE AUTHORIZING THE EXECUTION OF A PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND EDWARD 3 NEUMANN JR.,AS TRUSTEE,UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED NNE 15,2007,AND KNOWN AS THE EDWARD L NEUMANN,JR.TRUST, FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET,IN THE CITY OF MCHENRY, MCHENRY COUNTY,ILLINOIS WHEREAS,Edward J Neumann Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann Jr.Trust,is the legal owner of record and the City of McHenry is the designated lessee of a portion ofthe real estate which includes two parking lot areas off of Green Street and Waukegan goad located at 1111 N Green Street in the City of McHenry,Illinois. NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: MCTION is The Lease Agreement,bearing the date of August 30,2010 between Edward J Neumann Jr.Tmstee,record owner,and the City of McHenry a Municipal Corporation in the State of Illinois designated lessee be and the same is hereby approved. A complete and accurate copy of said lease agreement is attached to this ordinance and incorporated herein by reference. SF[TION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Lease Agreement for the uses and purposes therein set forth. ,qECTION 3:AlI Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby . repealed to the extent of such conflici. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry,McHenry County,Illinois. SECTION 5:This Ordinance shall be in full force and effect from and after its passage,approval,and publication in pamphlet form as provided by law. passed and Approved this 30*day of August,2010 AYES: Sand,.Glab,Schaefer,Blake,Wimmer,Peterson,Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None MAYOR ATTEST: C Y ERK LEASE AGREEMENT 1111 NORTH GREEN STREET,McHENRY.EUJNOIS This Lease Agreement("Agreement")is entered into as of this day of � 2010,by and between Edward J.Neumann,Jr.,as Trustee,under the provisions of a st Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust,property owner ("Lessor')and the City of McHenry,an Illinois municipal corporation("Lessee'). RECITALS A. Lessor presently owns two parking lots,located on the southerly portion of 1111 North Green Street,McHenry,Illinois;specifically,the lower south lot with access from Green Street and the upper south lot with access from Waukegan Road,each identified by crosshatching on the aerial photograph attached hereto("Premises'). The Premises lies within PIN 09-26-380-014. B. Lessor desires to lease to Lessee the right to manage,operate and maintain a public parking facility on the Premises. NOW,1HEREFORE,for and in consideration of the foregoing Recitals,the mutual covenants and agreements set forth herein,and other good and valuable consideration,the receipt,adequacy and sufficiency of which are hereby acknowledged and accepted by the Parties hereto,Lessor does hereby grant to Lessee the right to manage,operate and maintain a public parking facility subject to and in accordance with the following: 1. FEE AND TERM. Lessee covenants and agrees to pay Lessor the sum of Five Hundred Dollars and No/100($500.00)per month for the Premises,commencing October 1,2010,and on a month-to-month basis thereafter. Payments shall be made by the 10`h of each month. Either party may at any time terminate this Agreement by giving the other party sixty(60)days'prior written notice of its intention to so terminate. 2. PURPOSE OF USE. The parties agree that the purpose of this Agreement is to insure that the Premises and all of the improvements,including but not limited to;the parking surface,stairs, handrails,sewer grates,light pole and/or lighting fixtures,and walkways are being leased"as is"with no implied warranties or representations. Lessee will make any modifications or improvements to these elements at its sole expense,only after receiving approval for such modifications from Lessor,the approval of which will not be unreasonably withheld. Lessee shall restore the streetlight located between the two parking lots,Lessor,at its cost,will provide the electricity to power the light. Lessee acknowledges that ten parking spaces along the west line of the upper south parking lot with access from Waukegan Road(shown on the attached drawing as"Reserved Spaces')will be available exclusively for Landmark School's usage,on school days only when school is in session,and it will be the school district's responsibility to post and control that restriction. 3. USE BY PUBLIC AND LESSOR During the term of this Agreement,Lessee shall permit and not interfere with or infringe upon the use of the parking facility by the general public or Lessee,its agents or employees,subject to ten parking spaces partially reserved in paragraph 2,above. Also,throughout the term of this Agreement,Lessor shall be permitted access to the Premises to park an amphibious DUKW in the lower south parking lot,without restriction,for a ten-day period of Lessor's choosing each calendar year. Lessee shall make available parking spots necessary to park such vehicle. 4. MAD PENANCE AND ACCESS. Lessee,at its own cost and expense,shall manage the parking facility and shall be responsible for the performance of"Routine Maintenance"throughout the term of this Agreement. Routine Maintenance shall include,but shall not be limited to snow removal, sweeping,sealcoating,re-marldng and patching pavement associated with the operation of the parking facility. Lessee has no obligation to otherwise repair or reconstruct the parking facility. 5. . SIGNS. Lessee shall be permitted to place signage on the Premises,including,but not limited to two that read,'Parking for Green Street Businesses Only" 6. LEGAL AND INSURANCE. Lessee shall manage,operate,maintain and use the Premises and the parking facility in compliance with the requirements of all local,state and federal ordinances,laws,rules and regulations in effect during the term of this Agreement. Lessee will provide Lessor with a certificate of general liability insurance covering the Premises naming Lessor as an additional hwared. 7. LESSOR'S TITLE. Lessor hereby cov quiet enjoyment of the Premises. Lessor assumes any damages Lessee may sustain as a result of;or in connection with,any want or f dure at any time of Lessor's good title to the Premises. 8. INDEMNIFICATION. To the extent covered by applicable insurance,the Lessee hereby indemnifies and holds harmless Lessor from any and all injuries sustained,including death,to any permittees who enter onto the Premises for purposes of this Agreement. 9. T XES. Lessor shall be responsible for payment of all real estate taxes and special assessments,if any,assessed against the Premises and Premises Parking Facility,including but not limited to real estate taxes assessed. 10. NOTICES. All notices sent hereunder shall be sent via first class mail,postage prepaid as follows: Lessee: City of McHenry 333 S.Green Street McHenry,Illinois 60050 Attention:City Adrinist ator Lessor: Edward J.Neumann,Jr.,as Truster,, under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust 308 Country Club Dr McHenry,IL 60050 11. SEVERABIZITY. If any provision or any portion thereof;contained in this Agreement is held unconstitutional,invalid or unenforceable,the remainder of this Agreement or a portion thereof, shall be deemed severable,shall not be affected and shall remain in force and effect. LESSEE: LESSOR g zo*" � 04-- --- .,, //, Y Susan E.Low,Mayor J. n,Jr.,P6tec 2 THIRD PARTY BENEFICIARY AND INDEMNIFICATION The undersigned,McHenry Riverwaik Center,LLC("Developer")hereby acknowledges that the above-referenced Lease Agreement was entered into,to a large extent,to accommodate current and future needs of the Curtis Commercial Center located across Omen Street from the Premises. As cons*ration of the City of McHenry("City' entering into the Lease Agreement,the Developer agrees to hereby indemnify and reimburse the City for each and every obligation and related expenses it has under the terms of said Lease Agreement. Specifically,Developer shall 1)pay to the City the same payment the City pays to the Edward J.Neumann,Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust under the Lease Agreement and at the same time the City's payment is due;2)restore the streetlight between the two parking lots and 3)at its own expense,perform all Routine Maintenance obligations set forth in the Lease Agreement. In the event the Developer defaults on its obligation to perform Routine Maintenance the City reserves the right,but not the obligation,to perform said Routine Maintenance and the Developer shall reimburse the City upon written request for related expenses. Developer shall maintain liability insurance on the leased premises during the term of this lease and the City shall be named an additional insured. The limits of liability shall not be less than$1 million per person and in the aggregate. Evidence of this insurance coverage shall be provided to the City upon a on of thrs men,and thereafter upon reasonable request. Agreed to this day of L(- Mc Riverwalk ter,LLC By ZVM1MeHentyCit)vANeun=nMxmA&reemart.doc Exhibit"A" City of McHenry Building Code, Section 404.4 and Table 404.5 404-404.7 LXW.YMMA"M AND OCCt MCV UWTATIOMS than 3 fee(914 mm)between coumierfronts and Appliances or TAKA 404A uaumtttfrortts and walls. t#MMt N ARIA Ritall NAMT$ _ 404.3 Wmimua m ceiling hdgbts.Habitable spaces.hallways. stsawa M Al1EA as atnuAae FM corridors.laundry areas,bathrooms,toilet rooms and habitable SPAM to a4 oearprm s er aa" basement areas shall-have a clear ceiling height of tact less them :feet(2134 rum). I Liv' M=Wb No regavemena 1'2o 130 Executions. teem'b NO emgta rmeses _ $o 100 L In one-and two-family dwellings,beams or gisdtxa gar 50, so sit! spaced not less than 4 fat(1219 attar)am center sad projecting not more than 6 inc (152 that)below the lisa6 atoasu Shall coy wtrb Seedan 404A required dreg height. torsi l agautactoot■gC93 rat. 2 Basement moms im one-and two-family dwellings s. sac See =4044.2 for aaembood*nw rwe"e m m, ism occupied exclusively her laundry,study or recreation tL s«3ee2at4lx.31 Exuamuetae.amer«smi a�rhea�aieamtacsx.pmcy purposes,having a ceiling height of slot leas than 6 aaucla,krpiaaa p"p°'a feet 8 iACheB(2033 rum)wirb not less duo 6 fart 4 inches(1932 earn)of clear hzigbt under beams,gird- 404.5.1 Skopft aura.Ilse minimwn occupancy area m- en,ducts and simila obstructions. 4uired by Table 404.5 shall not be included as a sleeping 3, Roans occupied tulwits ly for sleeping,study a ales indeteraunin;the minimum occupancy area for slecp- sirmilar purposes and having a sloped ceiling over all ur8 PwFosu'AD sieopittg eixeaa shell comply with Section 4t)4.4. or p of the roam,with a clear seeding height of at ut least 7 feat(2134 tort)over not leas than ow-third of 404A.2 Caaobined space Cormbioed living room and din- the required nniaimum float area.In calculating the in&room spaces shall comply with the requirements of Ta- Poor area of such toots,only those pordona of the ble 404.5 if the tool area is equal to the required for floor amAltha clear ceiling beightof5 beat(1534 a eparatetoomsawlifdwspaceisiocatedsoastofunetionas sum)or more shall be uwh►ded, a combination living room/dining mom, 404A Badrsmm regnirsa sate.Every bedroom shalt comply 404A Eby unit.No&mg in this section sbati probibit an wads the n%luire meats of Suctions 404A.1 througb 404,C5. efficiency living trait fen mactiag the following requirements: 404A.1.Am for sieggog purposes.Every bedroom occ u- i. A unit occupied by not nose than trio occupantS shall pied by one parson shall contain at least 70 square fed(6,3, have a cleat float u ea of not kn dun 224 squaan feet tmt)offloor area,and every bedroom occupied by more than (20 4 rat).A unit occupied by throe occupants shall have one person shall contain at least 50 Square feet(4.6 area)of a clew floor area of not leas than 320 square feet(29.7 floor area for eacb occupant thereof. tuts).Then requited areas shall be exclusive of the areas 4OC4.2 Access;from bedroosL Bedrooms snail not cos- required by Iums 2 and 3. stituu lien only meatts of sexess to other bedrooms at habit 2. Tha unit sw be provided will a kitchen mall.cooking aide spaces and shall not strive as the Orly means of egress appliance and refrtgaathm f=ihties,each having a clear from other habitable spaces. wodcing space of not less than 30 inches(762 tmn)in float.Light and ventilation conforming to talus cc&sball Exception;Units tat contain fewer dm two beftoms. beprvldV& 404A3 Water duvet accessU tlty.Every bodto=Shell 3. The unit shall be provided with a separate bathroan cam- have access to at least one watesr closet and one lavattxy twinig a water closet.lavatory.and bathtub or shower. without passing through aaodwr bedroom.Every bedroom 4. The maxitnnm number of occupants shall be three. in a dwelling unit shall have access to Id least One water 404.T Food All a to be occupied far food 4 closet and lavatory located in the tam ataxy as the bedroom �daL 1� or an adjacent story.. preparation purposes&hail ooateim suitable spa=and equip- 404A.4 Prolalbked eceupauc-ICiochrars and noahabitable avant to stoats prepare end saris aWfoo s is a ssttitary mautary Ttnate shall be Adequate taciIities and servicta for the sanitary spaces shall not be used for sleeping purposes• disposal*(foul was O and rafttsc,including facilities far teen- 404.4.5 Other regniraaeeals.Bedroom:ball comply With potary storage. the applicable provisions of this code including.bast rent lim itea!to,the light.ventilation.room area,ceiling height and mum%idth regtarmemts of this chapter.the plumbing fa- ciluies and water-heating facilities requirements of Chapter 5.the heating facilidees and electrical receptacle tax u%— mccts,of Chapter 6.and the smoke detecutr and amagency escape requirements of C9tapt,er 7, 404-s pverenwding.Dwelling units sball not be occupied by mare occupants than pctmitted by the minimum aura re mm- mcnts of Table 404.$ 14 2nea INTERMATWNAt PROPERTY sWKMNANCE COOLA 404.7—404.7 LIGHT.VENTILATION AND OCCUPANCY LIM ITATONS than 3 feet(914 mm)between counrafr+onts and appliance;or tiSNHMst cowaterfrobts and walla: AMA RICIVIREMEM 404.3 Minimum tefllng hefgbtta-habitable spaces,hatlwaya, I MWW M AMA IN SCUARE IFEU corridor.laundry am",bathrioma,toilet nwms and habitable IIII .I swoon hasement areas shall have a clear ceiling hcight of not less than i nuCt 13 O0M1—s'"-r'�-34 occopwift 7 feet(2I34 rem). !:L" room' No Mer rs I `120 130 Exceptions: Ditung nxW" Nora manoatts so 100 1. In OW anti nro-famil dwellings, so _�_ t spaced not leu than 4 fat(1221nmt�on� �II`b0D* ti0 projecting not more than 6 inches(152 mm)below the Hedtooms I Stall eozm 4F with_Section 404.4 required ceiling height for Sk 1 optre I"-o M ot. 2. Basement rooms in one- and taro hmdy dwellings a see Set—404.5.2 for aac*mmd s�aarde�.wa rasa,sp.a.. occupied exclusively fee laundry,study or recreation bL a4W s.s farumw�asae4.mrmcatottsmmietmamoecganry purpotea,having a ceiling height of not le;;than 6 '�"for MpaK F-F (m 8 inches(2033 mm),with not less than 6 fact 4 404 S 1 stir►1he tnioimttm occupancy inches(1932 mm)of clear height under beams,gird- �shs1F not be m area m- en.ducts and similar obstructions. q� sleeping 3 Moms occupied exclusively for sleeping,study or area in detaatimng the tttinimutn occupancy area far steep- similar p and bavmg a doped�ova all tag purposes.All sleeping areas than t amply with Section or part of the room,with a clear ceiling height of at 4044, least 7 feet(2134 mm)over not.less than one-third of 404.SZ Combined gwcu Combined living room and din- the required attaimum floor area.In aaiculatmg the ing room spaces&W comply with the requicemeata of Ta- fkvx area of such moms,only thou portions of the ble :at i if the total area is equal to that required for floor area with a.clear ceiling height of 5 feet(1524 separate roosts tad if the space is located so as to function as mm)or theme shall be included_ a combination living roomIditing room. 404A Bedroom requirements.Every bedroom%halt comply 404.E Efmieacy"AiL Nothuig in dug section shall prohibit an with ik requirements of Sections 404.4.t through 404.43. efficiencybving trait from meeting the faowving requirements: 404.4.1 Area tar i4`beping purposes.Every bedroom occu- I_ A unit occupied by ra more than two occupants shall pted by out person shalt contain at(east 70 square feet(6.3- have a,:sac floor aka of cot Leas than 2:0 square feet mil of flan area,and mwy bodnwm occupied by more than (20.4 m2).A unit bccupwd by three occupants shall have one person;'hail contaia at least 50 square fed(4.6 rah)of a clew floor area of tut less than 320 squat feet(29.7 floor area for each occupant thereof. mr).Theca required areas shall be exclusive of the areas 4OC4.2 Acom from bedrooms.Bedroom;shill not tan- ttgWrcd by hem 2 and 3. gaute the only untie of access to otter bedrooms or babit- 2. The unit shall be provided with a kitchen sink.cooking able spaces and shalll not serve a the only means of egn= appliance and nsfngeration facilitw,each having a clear from other habitable spares. working span of am ku than 30 inches(762 tom)in front Light and ventilation conforming to this code shalt €xception:Units that contain fewer dun two bedrooms. be praride& 404.4.3 Water dam tssarsadbWty:Every bedroom shall 3. The unit shall be provided with a separate bathroom con- have accent to st least tree water closet and out iavWxy tstiuiag a weer closet,lavatory,and battstub or shower. without pasatug through snoshcr bedraam:Every bedrtrom 4. The maximum number of occupants shall be dtree. in a dwelling hunt shall have access to at least one water clove and lavatory located in the sumo story as the bedroom 404.7 Food preparation.All spaces to be occupied for food tt or an adjacent story. preparation pxposes"contain suitable space and equip- meat to store.preps: and serve foods is a sanitary manner. There ecru be adequate facilities and services for the sanitary spaces%hall not be used for s)ecping purposes. disposal of food wastes and refuse.including facilities for tem- 404.4 c Other requirtusents.Bcdrooms shall compty with porary storage_ the.applicable provisions of this cads includin j,but not 1'om- ind to,the light,ventilation,room area,ceiling height and roxrhn width sequiremeacs of this chapter;the plumbing fi- ciUrica and water-beating facilities mquimaeats of Chapter 5, the heating facilities and electrical receptack require- ttte=of Chapter 6;and the smoke detem and emergency cscape requirements of Chapter 7. 404E()vem ding.Dwelling units shall not be occupied by more occupants than permitted by the tmrdmuar arcs requirt- mcnts of Table 4043. 14 2000 xTERNATIONAL PROPERTY MAINTENANCE COOM Exhibit"B" Riverwalk Information sheet(Residential Unit Occupancy Limitation) RIVERWALK INFORMATION UNrt NUMBER SQUARE FOOTAGE NUMBER OF OCCUPANTS NUMBER OF BEDROOMS 201 1371 4 2 202 1319 4 2 203 1553 4 2 204 1572 4 2 205 1102 1 1 206 1102 2 1 207 1102 2 1 208 1102 2 1 209 1429 4 2 301 1371 4 2 302 1319 4 2 303 1553 4 2 304 1572 4 2 305 1102 2 1 306 1102 2 1 307 1202 2 1 308 1102 2 1 309 1489 4 2 401 1371 4 2 402 1319 4 2 403 1.553 4 2 404 1572 4 2 405 1102 1 1 406 1102 2 1 407 1102 2 1 408 1102 2 1 a09 1489 4 2 "Exhibit C" Rules and Regulations for the Redevelopment Property 1. No dogs, cats or other animals shall be kept or allowed in the Premises except with the Lessor's prior consent and subject to the conditions set forth in any such consent. No animals shall be permitted without a leash in any public areas of the Premises. Assist animals are permitted. 2. No additional locks or other similar devices shall be attached to any door without Lessor's written consent. 3. Lessee shall not install or operate any machinery, refrigeration or heating devices or use or permit onto the Premises any inflammable fluids or materials which may be hazardous to life or property. 4. Hallways, stairways, and elevators shall not be obstructed or used for any purpose other than ingress and egress for the Building,nor shall children be permitted to play in the common areas,nor shall Lessee place or store any items in the hallways or common areas of the Building. 5. No musical instrument shall be played and no radio or television set shall be operated at any time in such manner as to disturb or annoy other occupants of the Building, nor shall other noises be made which will disturb or annoy any occupants of the Building. Operation of electrical devices which interfere with radio or television reception shall not be permitted. 6. All moving and delivery shall be through the rear entrance, stairway or service elevator at hours designated by Lessor. 7. Lessee shall maintain the smoke detectors and carbon monoxide (CO) detectors, and replace the batteries when necessary. 8. Lessee shall inform the Lessor in writing of Lessee's intent to renew not less than forty- five (45) days prior to Lease expiration. 9. Washrooms shall not be used for any purpose other than that for which they are designed, and no rubbish,rags, or injurious items shall be placed in plumbing facilities or receptacles. 10. Lessee shall not place or permit any article or antenna outside of the windows, on the exterior walls, or on the roof of the Building, and shall not throw or drop any article from any window. 11. Lessee shall not place, erect or install any signs or advertisements on the windows, nor on any part of the Building or Premises. 12. All garbage or refuse shall be securely wrapped and placed in the incinerator or garbage container. 13. Waterbeds shall not be permitted in the Premises without Lessor's written consent. 14. Lessee shall not interfere in any manner with the heating or lighting or other fixtures in the Building, nor run extension cords or electrical appliances in violation of the Building Code. 15. Lessee shall not solicit, canvas or conduct any door-to-door activities on the Premises. 16. Lessor requires Lessee to provide appropriate renter's insurance for Lessee's personal property. 17. Right of Access to Show Apartments to Prospective Tenants and Purchasers: Lessor shall have the right to show the apartment to all prospective tenants and purchasers, and any of Lessor's other invitees, in accordance with local statutes and/or ordinances. Tenant shall not interfere with Lessor's efforts to lease the apartment or sell the property, and tenant shall be liable for any damages caused by breach of this provision. 18. Lessor has the right to bar individuals from the Premises. Tenant must inform their guests of all Lease provisions regarding use of the Premises and all rules and regulations. If these provisions are violated by the tenant's guests, the guest may be barred and/or arrested for criminal trespassing, after they have received a barred notice and then have been placed on a barred list by Lessor. If the tenant violates the Lease or any of the rules and regulations, it shall be grounds for termination of tenancy. 19. The outside window covering shall be of a neutral color. 20. If Lessee vacates the apartment prior to the Lease expiration without benefit of any approved sublet or Lease cancellation agreement, the apartment will be placed on the market when vacant and the apartment keys are returned. Lessee shall be responsible for monthly rent until the Lease expires or the apartment is re-leased. "Exhibit D" Third Party Beneficiary and Indemnification Agreement dated August 301h,2010 A ORDINANCE NO.ORD-10-1512 AN ORDINANCE AUTHORMI NG THE EXECUTION OF A PARKING LOT LEASE AGREEMENT BETWEEN THE CITY OF MCHENRY AND EDWARD J NEUMANN JR.,AS TRUSTEE,UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JUNE 15,2007,AND KNOWN AS THE EDWARD J NEUMANN,JR.TRUST, FOR THE PROPERTY LOCATED AT 1111 N GREEN STREET,IN THE CITY OF MCHENRY, MCSENRY COUNTY,HIMOIS WHEREAS,Edward J Neumann Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15;2007,and known as the Edward J.Neumann Jr.Trust,is the legal owner of record and the City of McHenry is the designated lessee of a portion of the real estate which includes two parking lot areas off of Green Street and Waukegan Road located at 1111 N Green Street in the City of McHenry,Illinois. NOW, THMWORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MChENRY,MCHENRY COUNTY,ILLINOIS AS FOLLOWS: SECTION 1: The Lease Agreement,bearing the date of August 30,2010 between Edward J Neumann Jr.Trustee,record owner,and the City of McHenry a Municipal Corporation in the State of Illinois designated lessee be and the same is hereby approved. A complete and accurate copy of said lease agreement is attached to this ordinance and incorporated herein by reference. SECTION_2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Lease Agreement for the uses and purposes therein set forth SECTION 3:All Ordinance or parts thereof in conflict with the terms and provisions hereof 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,McHenry County,Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval,and publication in pamphlet form as provided by law. Passed and Approved this 30*day of August,2010 AYES: Sand,Glab,Schaefer,Blake,Wimmer,Peterson,Condon. NAYS: None ABSTAINED: None ABSENT: None NOT VOTING: None JOAO, MAYOR ATTEST: Y ltEltIC LEASE AGREEMENT 1111 NORTH GREEN STREET,McHENRY.ILLINOIS This Lease Agreement("Agreement')is entered into as of this 30 day of� .2010,by and between Edward J.Neumann,Jr.,as Trustee,under the provisions of a Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust,property owner ("Lessor')and the City of McHenry,an Illinois municipal corporation e1essee'). RECITALS A. Lessor presently owns two parking lots,located on the southerly portion of 1111 North Green Street,McHenry,Illinois;specifically,the lower south lot with access from Green Street and the upper south lot with access from Waukegan Road,each identified by crosshatching on the aerial photograph attached hereto("Premises"). The Premises lies within PIN 09-26-380-014. B. Lessor desires to lease to Lessee the right to manage,operate and maintain a public parking facility on the Premises. NOW,THEREFORE,for and in consideration of the foregoing Recitals,the mutual covenants and agreements set forth berein,and other good and valuable consideration,the receipt,adequacy and sufficiency of which are hereby acknowledged and accepted by the Parties hereto,Lessor does hereby grant to Lessee the right to manage,operate and maintain a public parking facility subject to and in accordance with the following: 1. FEE AND TERM. Lessee covenants and agrees to pay Lessor the sum of Five Hundred Dollars and No/100($500.00)per month for the Premises,commencing October 1,2010,and on a month-to-month basis thereafter. Payments shall be made by the 10`h of each month. Either party may at any time terminate this Agreement by giving the other party sixty(60)days'prior written notice of its intention to so terminate. 2. PURPOSE OF USE. The parties agree that the purpose of this Agreement is to insure that the Premises and all of the improvements,including but not limited to;the parking surface,stairs, handrails,sewer grates,light pole and/or lighting fixtures,and walkways are being leased"as is"with no implied warranties or representations. Lessee will make any modifications or improvements to these elements at its sole expense,only after receiving approval for such modifications from Lessor,the approval of which will not be unreasonably withheld. Lessee shall restore the streetlight located between the two parking lots,Lessor,at its cost,will provide the electricity to power the light. Lessee acknowledges that ten parking spaces along the west line of the upper south parking lot with access from Waukegan Road(shown on the attached drawing as"Reserved Spaces')will be available exclusively for Landmark School's usage,on school days only when school is in session,and it will be the school district's responsibility to post and control that restriction. 3. USE BY PUBLIC AND LESSOR. During the term of this Agreement,Lessee shall permit and not interfere with or infringe upon the use of the parking facility by the general public or Lessee,its agents or employees,subject to ten parking spaces partially reserved in paragraph 2,above. Also,throughout the term of this Agreement,Lessor shall be permitted access to the Premises to park an amphibious DUKW in the lower south parking lot,without restriction,for a ten-day period of Lessor's choosing each calendar year. Lessee shall make available parking spots necessary to park such vehicle. 4. MAINTENANCE AND ACCESS. Lessee,at its own cost and expense,shall manage the parking facility and shall be responsible for the performance of"Routine Maintenance"throughout the terns of this Agreement. Routine Maintenance shall include,but shall not be limited to snow removal, sweeping,sealcoating,re-marling and patching pavement associated with the operation of the parking facility. Lessee has no obligation to otherwise repair or reconstruct the parking flacility. 5. . SIGNS. Lessee shall be permitted to place signage on the Premises,including,but not limited to two that read,"Parking for Green Street Businesses Only". 6. LEGAL AND INSURANCE. Lessee shall manage,operate,maintain and use the Premises and the parking facility in compliance with the requirements of all local,state and federal ordinances,laws,rules and regulations in eftoct daring the term of this Agreement. Lessor will provide Lessor with a certificate of general liability insurance covering the Premises naming Lessor as an additional insured. 7. LESSOR'S Tnu Lessor hereby covenants quiet enjoyment of the Premises. Lessor assumes any damages Lessee may sustain as a result of or in oomection with,any want or failure at any time of Lessor's good title to the Premises. 8. MENME[CATION. To the extent covered by applicable insurance,the Lessee hereby indemnifies and holds harmless Lessor from any and all injuries sustained,including death,to any permittees who enter onto the Premises for purposes of this Agreement. 9. TAXES Leaser shall be responsible for payment of all real estate takes and special assessments,if any,assessed against the Premises and Premises Parking Facility,including but not limited to real estate taxes assessed. 10. NOTICE. All notices seat hereunder shall be sent via first class mail,postage prepaid as hollows: Lessee: City of McHenry 333 S.Green Street McHenry,Illinois 60050 Attention:City Administrator Lessor. Edward J.Neumann,Jr.,as Trustee, under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Naumann,Jr.Trust 308 Country Club Dr McHenry,IL 60050 11. SEVERABILITY. If any provision or any portion thereof contained in this Agreement is hold unconstitutional,invalid or unenforceable,the remainder of this Agreement or a portion thereof; shall be deemed severable,shall not be affected and shall remain m force and dfwt. LESSEE: LESSOR- BY Susan E.Low,Mayor ' ward J. Jr.,tAlstee 2 THIRD PARTY BENEFICIARY AND INDousi ZCATION The undersigned,McHenry Riverwalk Center,LLC("Developer")hereby acknowledges that the above-referenced Lease Agreement was entered into,to a large extent,to accommodate current and future needs of the Curtis Commercial Center located across Careen Street from the Premises. As consideration of the City of McHenry("City")entering into the Lease Agreement,the Developer agrees to hereby indemnify and reimburse the City for each and every obligation and related expenses it has under the terms of said Lease Agreement. Specifically,Developer shall 1)pay to the City the same payment the City pays to the Edward J.Neumann,Jr.,as Trustee,under the provisions of a Trust Agreement dated June 15,2007,and known as the Edward J.Neumann,Jr.Trust under the Lease Agreement and at the same time the City's payment is due;2)restore the streetlight between the two parking lots and 3)at its own expense,perform all Routine Maintenance obligations set forth in the Lease Agreemen. In the event the Developer defaults on its obligation to perform Routine Maintenance the City reserves the right,but not the obligation,to perform said Routine Maintenance and the Developer shall reimburse the City upon written request for related expenses. Developer shall maintain liability insurance on the leased premises during the team of this lease and the City shall be named an additional insured. The limits of liability shall not be less than$1 million per person and in the aggregate. Evidence of this insurance coverage shall be provided to the City upon a on of thrs meat and thereafter upon reasonable requesk Agreed to this day of Me Riverwalk ter,LLC By Z:�M�McHemyCkyo}W aiminn�Lmse.AQrcanentAoc r Pier and Boat Slip Access Easement and Assignment Prepared By/Mail To: David W.McArdle ZUKOWSKI,ROGERS, FLOOD&WARDLE SO Virginia Street Crystal Lake,IL 60014 This space is for RECORDER'S USE ONLY WHEREAS, the City of McHenry, an Illinois Municipal Corporation, ("Grantor's is the. owner of certain real property described on Exhibit 1,attached hereto and made apart hereof("Real Estate };and WHEREAS,there is located adjacent to the Real Estate in the Riviera Marina("Marina"),a number of piers and boat slips including 4 piers labeled A-D,containing 8 boat slips numbered 1-8 depicted on Exhibit 2, attached hereto.and made a part hereof("Conveyed Piers and Slips");and WHEREAS,McHenry Riverwalk Center,LLC("Grantee's is the developer and owner of a certain proposed condominium project in the City of McHenry("Project' ;and WHEREAS,the Parties wish to provide for a perpetual easement of access to the Conveyed Piers and Slips by Grantee, its successors and assigns and assignment of the Conveyed Piers and Slips to Grantee. NOW THEREFORE,in consideration of the promises and covenants made in.this document and related closing documents,the Parties hereto agree as follows: EASEMENT AND LICENSE CONVEYANCE 1. The Grantor does hereby grant and convey to Grantee,its successors and assigns,an exclusive perpetual easement of access to the Conveyed Piers and Slips along and across that part of the Real Estate legally described and shown as "10' Pedestrian Access Easement"on Exhibit 2 ("Exclusive Easement"). 2. The Grantor does hereby further grant and convey to Grantee, its successors and assigns,a nonexclusive revocable license for vehicular access,loading,automobile parking, and related uses over that part of the Real Estate depicted as "Vehicle License" on Exhibit 2 ("Vehicle License'J. The Vehicle License is revocable and terminable by the Grantor, in its discretion, at any time, upon 30 days notice to Grantee and all persons or entities owning and holding rights in the.Conveyed Piers and Slips; provided, however, that Grantor shall not be allowed to revolve or terminate the Vehicle License while any party other than Grantor,its successors or assigns has a right to use parking spaces on the Real Estate. Exhibit 9 to Second Amendment to Redevelopment Agreement 3. The term of the Exclusive Easement shall commence on the date of this instrument and shall run in perpetuity unless sooner terminated by: (a) written agreement executed by all persons and entities owning and holding rights in the Conveyed Piers and Slips and the Grantor,or(b)a written termination agreement recorded by Grantor or First American Title Company,as designated escrowee,upon Grantee's material breach of its obligations Under that certain Redevelopment Agreement dated March 5, 2007 between Grantor and Grantee. The term of the Vehicle License shalt commence on the date of this instrument and shall run in perpetuity unless sooner terminated by: (a)a written notice executed by Grantor,or(b)a written termination agreement recorded by Grantor or First American Title Company, a designated escrowee, upon Grantee's material breach of its obligations under that certain Redevelopment Agreement dated March 5,2007 between Grantor and Grantee. 4. During the term of the Exclusive Easement and the Vehicle License,Grantor shall maintain the Exclusive Easement area and the Vehicle License area in good condition . at its own cost and expense. 5. The Exclusive Easement,Vehicle License,the restrictions hereby imposed and the covenants herein contained shall be easements,licenses,restrictions and covenants running with the title to the Real Estate and shall be binding upon,and inure to the benefit of the parties hereto and their respective heirs, assigns and successors-in- interest and/or title. The Real Estate shall hereafter be owned,held,transferred,sold, conveyed,demised,devised,leased,mortgaged,occupied,used and enjoyed subject . to the benefits and burdens,as the case may be,of the provisions of this instrument until such time as this instrument is released,terminated or cancelled,in whole or in part,as provided for herein. 6. Grantor warrants and covenants that Grantor has fee simple title to the Real Estate. 7. Neither Grantee, nor its successors and assigns, shall transfer, sell or assign said Exclusive Easement or said Vehicle License without.the written consent of the Grantor except that,without the prior written consent of Grantor: (a) Grantee may assign an interest in said Exclusive Easement and an interest in said Vehicle License to(i)owners of units in the Project and to owners of Slips(as hereinafter defined),or to(ii)an association or agent for the benefit of unit owners in the Project or owners of Slips,and(b)owners of Slips may convey their interest in the Exclusive Easement and their interest in the Vehicle License to any person or entity to which they convey their Slip. $, Grantee, its successors and assigns agree to abide by all rules and regulations imposed by Grantor or other regulatory agencies regarding the use of the Conveyed Piers and Slips, which rules and regulations may be instituted and amended from time to time pertaining to the use of all Conveyed Piers and Slips on the Real Estate. In addition to such rules and regulations instituted from time to time by Grantor or other regulatory agencies regarding the use of the Conveyed Piers and Slips,prior to •? - r a the sale of any:Conveyed Piers and Slips, Developer shall develop rules and regulations ("Slip Regulations") to be incorporated by reference in any document evidencing the sale and assignment of a Slip. The Slip Regulations shall be subject to review and approval by the City and shall include a provision that the City is a third party beneficiary thereof with the power to enforce the same. Such Slip Regulations shall include,at a minimum.' a. Proof of insurance for each boat owner is required. b. Boat slips must be owner occupied—no rentals- c. Slip owners must pay flat fee for electric and water costs/year in accordance with the fees imposed by the operator of the Marina. d. No TV antennas are allowed; dishes are permitted. e. Dock boxes are not allowed—only use of previously designated area will be allowed. f. The marina operator shall have the ability to shut-bffboat air conditioners left- mmning. g. No boadifts are allowed. IL No parking on the grass is allowed. i. The piers must be kept in good and well kept condition. j. Only one vehicle per Slip shall be permitted at any one time in the Vehicle License area. k. The license plate number of each vehicle parked in the Vehicle License area must be provided to the current operator of the Marina. 1. No overnight parking of vehicles shall be allowed m: A Slip owner shall not be permitted to park a vehicle in the Vehicle License area during those periods that the owner's boat has been removed from the water. 9. In the event all of the Conveyed Piers and Slips are relocated off-site of the Marina in which they are currently located,the Exclusive Easement and the Vehicle License shall be deemed abandoned and terminated without any further action by the Grantor or Grantee. 10. In the event that the Grantor's conveyance of Slips is ineffective or void for any reason, Grantor shall take all necessary action to convey the same number of Slip rights to Grantee from its previously acquired Stanton Bay Reserve. In the event that Grantor chooses to remove the Conveyed Piers from the Riviera Marina for any . reason,then the Grantor shall either(x)at its sole expense,and with full cooperation of the Slip owners,relocate the same number of Slips to another location within the same trading zone as the Rivera Marina or,(y)repurchase each Slip right from the current Slip owner for a purchase price of$30,000 each provided,however, in this situation, a Slip owner shall not be forced to resell its Slip right to Grantor. In connection with a relocation of replacement piers,the Grantor shall grant to the Slip owners any easements,to which it has rights, necessary to access the replacement piers. In addition,to the extent that Grantor has right or title to adjacent or nearby , parking area, the Grantor shall grant each Slip owner the right, by easement or license, to use the same. The Grantor shall bear all costs in connection with the relocation of the Slip owners to the replacement piers. PIERS AND BOAT SLIP ASSIGNMENT 1. Grantor hereby sells and assigns to Grantee all of its right,title and interest in and to the 4 piers labeled A-D ("Piers") on Exhibit 2 along with the contiguous 8 slips numbered 1-8 on Exhibit 2("Slips")(including at rights to transfer such right,title and interest in the Slips elsewhere in the trading zone). Based upon the Department of the Army's letter to the City Attorney dated January 3,2008 reference Proj ect No. LRC-2007-557, Grantor hereby warrants title to the Conveyed Piers and Slips to Grantee to be free and clear of all liens and encumbrances 2. Grantor warrants and covenants that Grantor has title to the Conveyed Piers and Slips. 3. Grantee,its successors and assigns shall have the right to transfer the Conveyed Piers and Slips without the prior written consent of Grantor,provided,however,Grantor hereby reserves and Grantee hereby grants to Grantor,a first right of refusal("Right of First Refusal'D with respect to any sale of a Pier and/or Slip to a third parry(other than sales to owners of units in the Project or sales of Piers and Slips in connection with the sales of units in the Project) by any successor owner to Grantee (each a "Seller"). This Right of First Refusal shall not apply to sales by Grantee-which sales are governed by section 4 below. In the event that a Seller shall receive a bona fide offer to purchase a Slip, such Seller shall deliver to Grantor a copy of the offer. Grantor shall Have until the seventh(7) business day after the date of Grantor's receipt of the offer within which to exercise the Right of First Refusal by providing to Seller a written contract signed by Grantor on the same material terms and conditions as contained in said offer. If Grantor shall decline to exercise the Right of First Refusal by not submitting such written contract to purchase the Slip or does not respond within such seven(7)business day period,Seller may sell the Slip to such bona fide offeror without further notice or obligation to Grantor. 4. Grantor hereby reserves,and Grantee hereby grants to Grantor, a right of first offer ("Right of First Offer')with respect to any sale of a Pier and Slip by Grantee to a third party that is not also a purchaser or owner of a unit in the Project. Prior to beginning sales of piers and slips to non-owners or non-purchasers of units at the Project,Grantee shall provide Grantor with notice of Grantee's intent to begin sales ' of piers and slips separately from the sale of units in the Project. Grantor shall have until the fourteenth(14'')business day after the date of Grantor's receipt of the notice within which to exercise the right of First Offer and then Grantor and Grantee shall enter into a contract with Grantee to purchase any of the piers and slips on the same terms and conditions as the piers and slips will be offered to the public,except for the , purchase price,which shall be.equal to$30,000. If Grantor shall decline to exercise the Right of First Offer and not enter into a written contract to purchase any of the piers and slips or does not respond within such fourteen (14)business day period, Grantee may sell the piers and slips to third parties that are not purchasers or owners of units in the Project without further notice or obligation to Grantor. 5. Grantee shall be prohibited from leasing Piers and Slips to anyone other than owners of units in the Project. This prohibition on leasing shall not apply to Slip owners other than the Grantee and such Slip owners shall be permitted to lease their Slips without the consent of Grantor." [Signature Page Follows] Wherefore the Parties have executed this Agreement,this day of ,2008. Grantor: City of McHenry Grantee:McHenry Riverwalk Center,LLC. By' usan E.Low,Mayor By: x:lml d4mryCitycACurds\ler and Boat Slip Atelp=t2.DOC State of Illinois ) ss. County of McHenry ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT Susan E.Low,the Mayor of City of McHenry,an Illinois Municipal Corporation,and attested to by personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person, and acknowledged that as such Mayor and they signed, sealed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of the corporation,for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of ;2008. My commission expires: Notary Public State of Illinois ) ss. County of Gook ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT ,the of McHenry Riverwalk Center,LLC,an Illinois limited liability company,personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person, and acknowledged that as such , s/he signed, sealed and delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act of the limited liability company,for the uses and purposes therein set forth. Given under my hand and notarial seal,this day of ,2008. My commission expires: Notary Public TICOR TITLE INSURANCE COMPANY •t OVINEWS POLICY (1992) ' Sn (CONTINUED) POLICY NO.s 2000 000656777 SM s A S. TEE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHEAST FRACTIONAL 1/4 (ON TEE WEST SIDE OF THE FOX RIVER) OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD RINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS.. COHIINCING AT THE NORTHEAST CORNER OF THE WEST 1/2 OF TEES NORTHEAST NORTHEAST 1/4 OF SAID SECTION 35; THENCE SODTEERLy ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF TEE NORTHEAST '1/4 OF SAID SECTION, A DISTANCE OF 143.88 FEET TO THE SOUTHERLY Lm OF A PRIVATE LANE AS SHOWN ON TEN PLAT OF VENICE PARK, UNIT N0. 1, FOR THE PLACE OF $EGID7NING; TSENC$ CQNTINIIING SOUTHERLY ALONG TEE WEST LINE OF THE NORTHEAST 1/4 ' QF TES NORTHEAST 1/4 OF SAID, SECTION, A DISTANCE OF 445.5 FEET TO THE SOUTHEAST CORNER QF LANDS CONVEYED To ALONG A LINE $SPIRT FORMSy DEED CAN ANGLE OF0873D OF DEEDS, PAGE 3371 THENCE EASTERLY 44 MINUTES TO TEN LEFT WITH THE PROLONGATION OF ' LAST DESCRIBED COURSE, A J]ISTANC$ OF 865.2 FEET TO TEE WESTERLY SHORT Ln& OF Tim FOX RIM; THENCE , MORE OR NORTHWESTERLY ALONG SAID WESTERLY MORE LINE, A DISTANCE OFr2unQT. EES COLES SY DEED LESS, TO THE SOUTHERLY LINE OF A TRACT OF LAM CONVEYED TO LESS, TO BOOK 392 OF DEEDS, PAGE 505; THENCE NORTHWESTERLY ALONG THE SOUTHERLY LE OF SAID CHARLES COLES TRACT, A DISTANCE OF 464.0 FEET TO THE SOUTHWEST IN CORNER OF SAID COLES TRACT; THENCE DTORTI3ERLY ALONG THE WESTERLY LILDTE OF SAID COLES TRACT AND ALONG THE WESTERLY LINE OF A TRACT OF LAND ACQUIRED BY TEE CITY MC HENRY THROUGH PROCEEDING HAD IN TES COUNTY COURT OF MC HENRY COUNTY, OF 118.21 FEET TSE OF Ma S AS CASE NO. 2593, A DISTANCE OF ET TO SOUTHERLY LINE OF A PRIVATE LANE AS SHOWN ON THE PLAT OF VENICE PARK, UNIT NO. 1; THENCE STE NORTHWERLY ALONE' SAID SOUTHERLY LINE, A DISTANCE OF 230.3 FEET TO THE PLACE OF BEGINNING; THIRDRANG ING THAT PEASTT OF TEE THIRD PRINCI OF THE NORTSEAZT PAALLIOME DIAb,OF SECTION DESCRIBED AS TOWNSHIP 4 r FOLLOWS: - BEGINNING AT TBS. SOUTHWEST CORNER OF THS PRIVATE 'LANE IN THE VENICE PARK .ADDITION To MC HENRY, UNIT NO. 1; THENCE SOUTH 0 DEGREES 37 MINUTES EAST, 118.21 FEET; THENCE NORTH 66 DEGREES 45 MINUTES WEST, 33.03 FEET TO THE PLACE OF BEGINNING; UTES W THCE NORTH 0 DEGREES 37 MINEST, 130.53 FEET TO THE SOUTHWESTERLY LINE OF SAID PRIVATE LANE? THENCS NORTH 66 DEGREES 49 MINUTES WEST, 21.86 FEET; •THENCE SOUTH 0 DEGREES 37 MINUTES EAST, 137.99 FEET; THENCE SOUTH 86 DEGREES 45 MINUTES EAST, 20.09 FEET TO THE PLACE OF BEGINNING) . IN MC HENRY COUNTY, ILLINOIS. AND ALSO (EXCEPTING THEREFROM THAT PART OF SAID SECTION 35 BOUNDED AND DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF A PIECE OF LAND DEEDED $Y SOPHRONIA BECKWITH TO GEORGE H. BECKWITH, SAID DEED BEING RECORDED IN 'I'T3E RECORDERS 'OFFICE OF MCHENRY COUNTY,, ILLINOIS, IN BOOK 84 OF DEEDS, ON PAGE 312, SAID POINT BEING KgoWN AS THE SOUTHWEST CORNER OF LOT 5 OF TEE COUNTY CLERK"S PLAT OF THE NORTH 1/2 OF SECTION 35, TOWNSHIP 45 NORTE, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG TEE SOUTH LINE OF SAID PIECE OF LAND 5O DEEDED 500 FEET TO THE SOUTHEAST CORNER THEREOF FOR A PLACE OF BEGINNING; THENCE BOUTS 87 DEGREES 44 MINUTES EAST, 865 FEET, MORE OR LESS, TO THE FOX RIVER; THENCE NOR'IxEASTERLY ALONG THE WATERS EDGE OF THE FOX RIVER 15 FEET; THENCE WEST . Odd bit I. tQ CONTINUED ON NEXT PAGE Plier and Boat SLIP Access Easement and THIS POLICY VALID ONLY IF SCHEDULE B IS ATTA iM"ent. Druz QM 06/22/00 14:19:06 - TICOR TIME INSURANCE COMPANY OWNER'S POLICY (1992) POLICY N0. = 2000 000656777 SM SCEEDVLE A (CONTINUED) . 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A complete and accurate copy of said redevelopment agreement, labeled "Redevelopment Agreement",is attached to this ordinance and incorporated herein by reference. SECTION 2.The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor. and City Clerk to said redevelopment agreement for the uses and purposed therein set forth., SECTION 3: All ordinances or parts thereof in conflict with the teams and provisions hereof are hereby repealed to the edent of such conflict SECTION 44- 'Phis ordinance shall be published in pamphlet form by and under the authority of the corporate au&mties of the City of McHenry,McHenry County,Illinois. SECTION 5:This ordinance shall be in full.force and effect from and after its passage,approval and publication in pamphlet form as provided by law, PASSEDand APPROVED this 5"day of March,2007. Voting Aye: Sant[,Glab,Schaefer,Murgatroyd,Peterson,Condon,Low. Voting Nay: None. Not Voting. None, Abstained:- None. Absent: Wimmer. wayor ATTEST: O \�4 ; City Clerk