HomeMy WebLinkAboutPacket - 11/04/2019 - City CouncilThe City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in
a customer-oriented, efficient, and fiscally responsible manner.
AGENDA
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, November 4, 2019
1. Call to Order.
2. Roll Call.
3. Pledge of Allegiance.
4. Public Comments: Any member of the public wishing to address the Council is invited to do so by
signing in at the meeting entrance and, when recognized, stepping to the podium. Opportunities for
Public Comment are also provided under each Individual Action Item.
5. Consent Agenda: Motion to Approve the Following Consent Agenda Items:
A. Sign variance to Lennar Builders to allow advertising signs to be placed in the City’s right -of-
way for a period of one year;
B. Contract with Dixon Engineering, Inc. for water tower coating inspection services in the amount
of $14,415.00;
C. Award of bid for the installation of holiday lighting in Veterans Memorial Park to Fox Valley
Lighting for $19,500.00;
D. Resolution recognizing the importance of apprenticeships and designating November 11-17,
2019 and National Apprenticeship Week in the City of McHenry;
E. October 21, 2019, City Council Meeting Minutes;
F. October 28, 2019, Special City Council Meeting Minutes;
G. Issuance of Checks in the amount of $1,633,961.31.
6. Individual Action Item Agenda.
7. Discussion Items.
A. Orchard Beach Road
B. 2019 Property Tax Levy
8. Executive Session.
9. Staff Reports.
10. Mayor’s Report.
11. City Council Comments.
12. Adjourn.
The complete City Council packet is available for review online via the City website at www.ci.mchenry.il.us. For further
information, please contact the Office of the City Administrator at 815-363-2108.
The proceedings of the City Council meeting are being video-recorded and every attempt is made to ensure that they are
posted on the City of McHenry, IL “YouTube” channel within twenty -four (24) hours of the meeting adjournment.
NOTICE: In compliance with the Americans with Disabilities Act (ADA), this and all other City Council meetings are located
in facilities that are physically accessible to those who have disabilities. If additional accommodations are needed, please
call the Office of the City Administrator at 815-363-2108 at least 72 hours prior to any meeting so that accommodations can
be made.
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Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
MCHenr Phone: (815) 363-2170
j ( 1 Il Fax: (815) 363-2173
www.ci.mchenry.il.us
CONSENT AGENDA SUPPLEMENT
TO:Mayor and City Council
FROM: Ross Polerecky, Community Development Director
FOR: November 4th, 2019 Regular City Council Meeting
RE:Sign variance request for Lennar Builders
ATT: Sign application, Map of sign locations
Agenda Item Summary:
The Community Development Department received a sign variance request from Lennar Builders
to place temporary signs at various right-of-way locations around the City.
Background:
Lennar Builders purchased all remaining residential lots within the Legend Lakes Subdivision in
October of 2018,to date they have sold 14 new single family homes. Lennar has submitted a sign
variance request to allow the placement of temporary sales signs at various right-of-way
locations throughout the city. Lennar uses these temporary signs to showcase the Legend Lakes
Subdivision and direct potential homebuyers to their sales office. The signs they are requesting
will be placed at the locations depicted on the attached map. These signs will be placed in the
right-of-way on Fridays at 6pm and collected by 6am Monday mornings.
Analysis:
This form of advertising is a key element to the builder's sales teams. Staff understands the
importance of these signs and has no concerns. Staff recommends this variance be good for one
year with an option to extend the variance upon City Council approval. Signs may only be placed
on the weekends in the time outlined in the permit (6pm Fri- 6am Mon), if Lennar does not abide
by the conditions of the permit, staff shall notify Lennar in writing of the infraction and then
disallow the signs for the remainder of the approved one-year timeframe.
Recommendation:
Therefore, if the City Council concurs, it is recommended that a sign variance be granted to
Lennar Builders,to allow advertising signs to be placed in the city right of way per the attached
Department of Community&
Economic Development
McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr Phone: (815) 363-2170
Fax: (815) 363-2173
www.ci.mchenry.il.us
map, this variance request shall be good for one year with the option to extend with City
Council approval.
Non-Residential PERMIT NO.
clq•orntdt nr•y Minor Permit Community & Economic Development
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Community and ,
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333 S Green St,McHenry, IL 60050EconomicDevelopmentApplicationEmail: CED@cityofincheiuy.olg
PROPERTY 815)363-2170
ADDRESS: Legend Lakes Subdivision-Welcome Home Center,325 Tralee Lane,McHenry,IL OFFICE use ONLY
i
ESTIMATED COST OF CONSTRUCTION:N/A Zoning Dist:
Existing Use: ElCommercial ElIndust/Office ElH/C
Township/Pin:
F rood wun m'
Signsev oilmen
Air Conditioning Fire Suppression
FreestandingAccessoryBldg Lawn Irrigation Wall 17C;7
Driveway/Lot Pay. Masonry Temporary
Demolition Retaining Wall over,l to City of McHenryg ( ) (
onres)
Electric Remodel/Alteration Over the Counter PERMIT FEES
Plan Review: Due at
Fence Seal Coating/Stripe Re-roof
t
Furnace Building:
Sidewalk/Stairs Water Heater Plumbing:
Fire Alarm Siding Water/Sewer Repair Bond:
Other: Temporary weekend marketing signage
Misc.De1 IC41 -
TOTAL:
Owner: Lennar Homes
Phone: 224 )_293-3115
Address: 1141 E. Main Street
Unit#: Ste-108City: East Dundeee State: IL Zip: 60018
E-mail: richard.murphy@lennar.com
Contractor: Vital Signs
Phone: 815 423 6326 jenny.tibble@vitalsignssolutionsinc.comE-mail:
Electrical Contractor: N/A
Phone:
Submit a copy of an electrical license with this application.
Plumbing Contractor: N/A
Phone: (_ )
Submit the following: Letter of intent on plumbing contractors letterhead (with corporate seal,or notary seal)
stating that they are doing this job; copy of State plumbing license;copy of certificate of State registration.
Roofing Contractor: N/A
Phone: (
Note!Submit a copy of a State of Illinois roofing contractor license with this application.
Notes: Request for temporary, offsite,weekend marketing signage while sales are active within the Legend Lakes community(sea Ex A)
All information provided herein is true and correct and all ordinances and codes of the City of McHenry shall be complied with.I hereby represent and agree that,in considera-tion of this permit being issued,only the work herein applied for will be done and that the premises being worked on will on ly be used for the proposes set forth herein.I under-
stand and hereby acknowledge it's the property owner's responsibility to ascertain if there are any existing private covenants,conditions and/or deed restrictions,which mayfurtherregulateand/or prohibit work for which this building permit from tile City has been obtained.I further acknowledge it's the property owner's responsibility to obtainrequiredwrittenorotherperissionorfollowanyotherprivateapprovalprocessfromanysuchhome,property owner's or other association,if applicable,prior to commencingworkonmypropertyevertbuiltrigpennJif))`issued by the City.h hereby indemnify the City,its officials and employees from any and all liability for damages,lawsuits,attorneys fees and injun'rig death slt4t" e ' y nyone or d'mage to any property,including surveying en-ors and encroachment liability which accrue against the City,
SIGNED: C rtl DATE: I 2-•5
FOR OFFICE USE
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Leg end Legend Legend
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in McHenry in McHenry
325 Tralee Ln.
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DIMENSIONS: 24"Wide x 42" High
HOURS: 6PM FRIDAY TO 6AM MONDAY
Department of Public Works
Troy Strange, P.E., Director of Public Works
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
McHenr / tstrange@cityofmchenry.org
CONSENT AGENDA SUPPLEMENT
DATE: November 4, 2019
TO:Mayor and City Council
FROM: Troy Strange, Director of Public Works
RE:Water Tower Coating Inspection Services
ATT: Dixon Engineering Inc. - ROV Inspection Services Proposal:
Tower#1, Tower#2, Tower#3, Tower#4
AGENDA ITEM SUMMARY:
Staff requests City Council to consider awarding a contract for inspection services from Dixon
Engineering Inc. of Greenfield, Wisconsin to evaluate the conditions of interior and exterior
coatings on the City of McHenry's four water towers.
BACKGROUND:
Dixon Engineering, Inc. has provided inspection services to the City of McHenry for several years
and is a firm which specializes in coating inspections of above ground water storage facilities.
The proposed scope of services includes inspection of all four of the Cities above ground water
storage facilities. These services also include coating inspections related to construction work
of cellular providers that have equipment on two of the City's water towers: Tower#1 located at
4225 Sioux Lane and Tower#2 located at 3906 W Albany. In August 2014, Dixon Engineering, Inc.
completed remote operated vehicle (ROV) inspections on Tower #1, Tower #2, and Tower #4.
Tower #3 was inspected in 2013 and ultimately painted in 2016. The American Water Works
Association recommends interior and exterior inspections at least every three to five years.
ANALYSIS:
Staff has reviewed the proposal and finds it to be acceptable. The Water Division FY2019/FY2020
operating budget includes funds from its contractual account (5110) to pay for the proposed
inspections.
The City of McHenry is dedicated to providing the citizens,businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented,efficient and fiscally responsible manner.
RECOMMENDATION:
Therefore, if Council concurs, it is recommended to award a contract to Dixon Engineering, Inc.
for inspection services in an amount not to exceed $14,415.00.
The City of McHenry is dedicated to providing the citizens,businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented,efficient and fiscally responsible manner.
DIXON Greenfield,
S. 76th Suite 109
Greenfield,WIl 53220
Telephone: (630)220-1410
ENGINEERING & INSPECTION SERVICES Fax: (414)282-7830
FOR THE COATING INDUSTRY
October 7, 2019
Mr. Mike Palmer
City of McHenry
1415 Industrial Drive
McHenry, IL 60050
Subject: Inspection Services Proposal for 1,000,000 Gallon Spheroid Crystal Lake Road Tank, 500,000
Gallon Double Ellipse Sioux Tank, 500,000 Gallon Toro Ellipse Albany Tank, and 750,000 Gallon
Barney/Richard Spheroid Tank
Dear Mike:
Enclosed is a maintenance proposal for ROV inspections of the four subject elevated tanks.The Basis of
Payment for an ROV inspection is Lump Sum for travel, inspection and report.
Our Proposal/Contract form consists of the Contract Provisions and Schedules A, B, and C. Schedule A
includes a detailed Scope of Services for both the Owner and DIXON. Schedule B includes fees and
terms of payment. Schedule C provides billing rates for additional services that may be provided during
the inspection. The Proposal/Contract form becomes a Contract when the proposal is accepted and
signed by the Owner, and then signed by DIXON.
We appreciate the opportunity to submit this proposal. If you have any questions, please feel free to
contact me at (414) 429-3430 or kayla.mulcahy@dixonengineeringnet.
FOR, /DIXON ENGINEERING, INC.,
4K Q-
Kayla Mulcahy
Project Manager
Enclosure
Members: Society of Protective Coatings•American Water Works Association
Consulting Engineers Council
DIXON Greenfield,
76th Suite 109
Greenff ield,WI 53220
Telephone: (630)220-1410
ENGINEERING & INSPECTION SERVICES Fax: (414)282-7830
FOR THE COATING INDUSTRY
SHORT FORM OF AGREEMENT
BETWEEN OWNER AND DIXON
FOR PROFESSIONAL SERVICES
1,000,000 Gallon Spheroid, (Crystal Lake Road), #99-56-05-04
500,000 Gallon Double Ellipse, (Sioux Tank), #99-56-05-02
500,000 Gallon Toro Ellipse, (Albany), #99-56-05-05
750,000 Gallon Spheroid, (Barney& Richard Ct.), #99-56-05-03
THIS IS AN AGREEMENT effective as of [ Effective Date") between [City of
McHenry, Illinois] ("Owner") and Engineer("Dixon Engineering, Inc.").
1.01 SIGNATURES:
Kayla Mulcahy, Project Manager October 7, 2019
PROPOSED by DIXON (not a contract until approved by Project Manager or Officer) Proposal Date
CONTRACT Approved by Owner Position Date
CO SIGNATURE (If Required) Date
CONTRACT APPROVED by DIXON PROJECT MANAGER Date
Address for OWNER'S receipt of Notices Address for DIXON'S receipt of Notices
4811 S. 76th St. Suite 109
Greenfield, WI 53220
1.02 CONTRACT/PROPOSAL:
A. Signatures acknowledge that this Contract consists of 9 pages.
B. Owner's Project, of which DIXON's services under this Agreement are a part, is generally
identified as follows: [Four Elevated Tanks] ("Project").
C. DIXON's services under this Agreement are generally identified as follows, and further
definition of Services by both Owner and DIXON are included as
Maintenance Inspection Services (ROV) per Schedule A
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 1 of 9
Owner and DIXON further agree as follows:
2.01 BASIC AGREEMENT:
A. DIXON shall provide or furnish the Services set forth in this Agreement. Services are delineated for
both the Owner and DIXON in Schedule A—Scope of Services. If authorized by Owner, or if
required because of changes in the Project, DIXON shall furnish services in addition to those set
forth above ("Additional Services").
B. DIXON shall complete its Services within a reasonable period of time.
C. If, through no fault of DIXON, such periods of time or dates are changed, or the orderly and
continuous progress of DIXON's Services is impaired, or DIXON's Services are delayed or
suspended, then the time for completion of DIXON's Services, and the rates and amounts of
DIXON's compensation, shall be adjusted equitably.
3.01 PAYMENT PROCEDURES:
A. Invoices: DIXON will prepare invoices in accordance with its standard invoicing practices and submit
the invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt.
Additional financial terms are found in Schedule B.
B. Payment:As compensation for DIXON providing or furnishing Services and Additional Services,
Owner shall pay DIXON as set forth in Paragraphs 3.01 (Payment Procedures), 3.02 (Basis of
Payment), and 3.03 (Additional Services). If Owner disputes an invoice, either as to amount or
entitlement, then Owner shall promptly advise DIXON in writing of the specific basis for doing so,
may withhold only that portion so disputed, and must pay the undisputed portion.
3.02 BASIS OF PAYMENT:
A. Owner shall pay DIXON for services as follows:
1. Lump Sum amount of Fourteen Thousand, Four Hundred,and Fifteen Dollars ($14,415.00). See
Schedule B for cost breakdown of services.
3.03 ADDITIONAL SERVICES: For Additional Services, Owner shall pay DIXON an amount equal to the
cumulative hours charged in providing the Additional Services by each of DIXON's employees,
times standard hourly rates for each applicable billing classification; plus reimbursement of
expenses incurred in connection with providing the Additional Services and DIXON's consultants'
charges, if any. DIXON's standard hourly rates and terms are attached as Schedule C.
4.01 ATTACHMENTS:
1. Schedule A—Scope of Work of both the Owner and DIXON.
2. Schedule B—Cost breakdown per phase of Work and Additional Terms of Payments.
3. Schedule C—DIXON Employee Billable Rates and Terms.
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 2 of 9
SCHEDULE A
Maintenance Inspection (ROV)
1,000,000 Gallon Spheroid, (Crystal Lake Road), #99-56-05-04
500,000 Gallon Double Ellipse, (Sioux Tank), #99-56-05-02
500,000 Gallon Toro Ellipse, (Albany), #99-56-05-05
750,000 Gallon Spheroid, (Barney& Richard Ct.), #99-56-05-03
McHenry, Illinois
A. Scope of Services Performed by Owner(ROV):
1. Provide scheduling for mutually agreeable inspection date.
2. Provide access to DIXON personnel to all areas scheduled for inspection.
3. Provide insurance for Owner's personnel. They are not covered by DIXON's insurance.
4. Perform chlorine residuals and bacteriological testing after completion of the inspection.
5. Fill the tank to the normal high water operating level and if possible, isolate it from the
system while the ROV is in the tank. If it is not possible to isolate the tank, keep inlet or
outlet flow rates to a minimum. This is necessary to minimize turbulence an increase the
chance of clear video being recorded.
B. Scope of Services Performed by DIXON (ROV):
1. Inspect the tank's interior coating for remaining intactness and anticipated life.
Submerged surfaces to be inspected by remotely operated vehicle (ROV). Review all
interior girders and appurtenances for possible structural damage from icing or corrosion.
2. Review all interior surfaces for corrosion and/or damage, and qualify damage for repairs.
All repairs are to be quantified by extrapolation of a measured area. All quantities are
estimates (usually high) because corrosion will continue between inspection and repair.
3. Inspect the exterior coating.
4. Review all exterior appurtenances for damage due to corrosion.
5. Review the exterior of the exposed foundations.
6. Review all safety requirements for ladders, cages, etc.
7. Review all health requirements of the tank, including screening of the vent, overflow
pipe, and other possible contamination sources. Notification of failed areas will be
provided to the Owner on site.
8. Prepare a report documenting all items found and recommendations for repair, including
budgetary items. The engineering report is to include: Conclusions and
recommendations, base report, digital photographs with descriptions, and an edited
inspection video on flash drive.
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 3 of 9
SCHEDULE B
Maintenance Inspection (ROV)
1,000,000 Gallon Spheroid, (Crystal Lake Road), #13-56-05-04
500,000 Gallon Double Ellipse, (Sioux Tank), #99-56-05-02
500,000 Gallon Toro Ellipse, (Albany), #99-56-05-05
750,000 Gallon Spheroid, (Barney& Richard Ct.), #99-56-05-03
McHenry, Illinois
1. Payment for Crystal Lake Road Tank Items 1 through 8, travel time, and preparation of report as
outlined in Schedule A—Scope of Services Performed by DIXON is a lump sum amount of
3,840.00.
2. Payment for Sioux Tank Items 1 through 8, travel time, and preparation of report as outlined in
Schedule A—Scope of Services Performed by DIXON is a lump sum amount of$3,450.00.
3. Payment for Albany Tank Items 1 through 8, travel time, and preparation of report as outlined in
Schedule A—Scope of Services Performed by DIXON is a lump sum amount of$3,450.00.
4. Payment for Barney and Richard Tank Items 1 through 8, travel time, and preparation of report
as outlined in Schedule A—Scope of Services Performed by DIXON is a lump sum amount of
3,675.00.
5. All DIXON service invoices which are paid within ten (10) days of date of issue shall be discounted
Owner's favor) one percent (1%).
6. All DIXON service invoices which are outstanding more than sixty (60) days from invoice date
shall be assessed (DIXON's favor) one percent (1%) per month interest from date thirty days after
invoice date.
EJCDC°E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 4 of 9
SCHEDULE C
Illinois, Iowa, Minnesota, and Wisconsin
Employee Billable Rates and Terms
Labor Class Per Hour Overtime Rate*
Principal 255.00
Project Manager 153.00 230.00
Engineer 158.00 237.00
CWI Welding RPR 137.00-$153.00 206.00-$230.00
DIXON Level 3 or NACE Certified Level 3 RPR 107.00-$137.00 161.00-$206.00
DIXON Level 2 or NACE Level 2 RPR 97.00-$122.00 146.00-$183.00
DIXON Level 1 or NACE Level 1 RPR 87.00-$97.00 131.00-$146.00
Contract Support Staff 112.00-$138.00 168.00-$207.00
Expenses Metropolitan Out-State
Mileage 0.70/mile+tolls 0.60/mile
Lodging 155.00 per diem 145.00 per diem
Meals 40.00 per diem 35.00 per diem
FEES EFFECTIVE THROUGH: December 31, 2019
Revised:8/6/2019
EJCDC°E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 5 of 9
Owner and DIXON further agree as follows:
5.01 TERMINATION:
A. The obligation to continue performance under this Agreement may be terminated:
1. For cause,
a. By either party upon 30 days written notice in the event of substantial failure by the other
party to perform in accordance with the Agreement's terms through no fault of the
terminating party. Failure to pay DIXON for its services is a substantial failure to perform
and a basis for termination.
b. By DIXON:
1) upon seven days written notice if Owner demands that DIXON furnish or perform
services contrary to DIXON's responsibilities as a licensed professional; or
2) upon seven days written notice if the DIXON's Services are delayed for more than 90
days for reasons beyond DIXON's control, or as the result of the presence at the Site of
undisclosed Constituents of Concern, as set forth in Paragraph 7.01.1.
c. DIXON shall have no liability to Owner on account of a termination for cause by DIXON.
d. Notwithstanding the foregoing, this Agreement will not terminate as a result of a
substantial failure under Paragraph 5.01.A.1.a if the party receiving such notice begins,
within seven days of receipt of such notice,to correct its substantial failure to perform and
proceeds diligently to cure such failure within no more than 30 days of receipt of notice;
provided, however, that if and to the extent such substantial failure cannot be reasonably
cured within such 30 day period, and if such party has diligently attempted to cure the
same and thereafter continues diligently to cure the same,then the cure period provided
for herein shall extend up to, but in no case more than, 60 days after the date of receipt of
the notice.
2. For convenience, by Owner effective upon DIXON's receipt of written notice from Owner.
B. In the event of any termination under Paragraph 5.01, DIXON will be entitled to invoice Owner and
to receive full payment for all Services and Additional Services performed or furnished in
accordance with this Agreement, plus reimbursement of expenses incurred through the effective
date of termination in connection with providing the Services and Additional Services
C. Effective Date of Termination: The terminating party under Paragraph 5.01.A.1 may set the
effective date of termination at a time up to 30 days later than otherwise provided to allow DIXON
to demobilize personnel and equipment from the Site,to complete tasks whose value would
otherwise be lost,to prepare notes as to the status of completed and uncompleted tasks, and to
assemble Project materials in orderly files. Costs associated with any further work that is needed
to prevent adverse impact on the project are to be negotiated and considered Additional Services.
6.01 SUCCESSORS,ASSIGNS,AND BENEFICIARIES:
A. Owner and DIXON are hereby bound and the successors, executors, administrators, and legal
representatives of Owner and DIXON (and to the extent permitted by Paragraph 6.01.13 the assigns
of Owner and DIXON) are hereby bound to the other party to this Agreement and to the
successors, executors, administrators, and legal representatives (and said assigns) of such other
party, in respect of all covenants, agreements, and obligations of this Agreement.
B. Neither Owner nor DIXON may assign, sublet, or transfer any rights under or interest in this
Agreement without the written consent of the other party, except to the extent that any
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 6 of 9
assignment, subletting, or transfer is mandated by law. Unless specifically stated to the contrary in
any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this Agreement.
C. Unless expressly provided otherwise, nothing in this Agreement shall be construed to create,
impose, or give rise to any duty owed by Owner or DIXON to any Constructor, other third-party
individual or entity, or to any surety for or employee of any of them. All duties and responsibilities
undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and
DIXON and not for the benefit of any other party.
7.01 GENERAL CONSIDERATIONS:
A. The standard of care for all professional related services performed or furnished by DIXON under
this Agreement will be the care and skill ordinarily used by members of the subject profession
practicing under similar circumstances at the same time and in the same locality. DIXON makes no
warranties, express or implied, under this Agreement or otherwise, in connection with any services
performed or furnished by DIXON. Subject to the foregoing standard of care, DIXON and its
consultants may use or rely upon design elements and information ordinarily or customarily
furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers,
and the publishers of technical standards.
B. DIXON shall not at any time supervise, direct, control, or have authority over any Constructor's
work, nor shall DIXON have authority over or be responsible for the means, methods,techniques,
sequences, or procedures of construction selected or used by any Constructor, or the safety
precautions and programs incident thereto,for security or safety at the Project site, nor for any
failure of a Constructor to comply with laws and regulations applicable to such Constructor's
furnishing and performing of its work. DIXON shall not be responsible for the acts or omissions of
any Constructor.
C. DIXON neither guarantees the performance of any Constructor nor assumes responsibility for any
Constructor's failure to furnish and perform its work without regard to DIXON's relation to that
Work.
D. DIXON's opinions (if any) of probable construction cost are to be made on the basis of DIXON's
experience, qualifications, and general familiarity with the construction industry. However,
because DIXON has no control over the cost of labor, materials, equipment,or services furnished
by others,or over contractors' methods of determining prices, or over competitive bidding or
market conditions, DIXON cannot and does not guarantee that proposals, bids, or actual
construction cost will not vary from opinions of probable construction cost prepared by DIXON. If
Owner requires greater assurance as to probable construction cost,then Owner agrees to obtain
an independent cost estimate.
E. DIXON shall not be responsible for any decision made regarding the construction contract
requirements, or any application, interpretation, clarification, or modification of the construction
contract documents other than those made by DIXON or its consultants.
F. All documents prepared or furnished by DIXON are instruments of service, and DIXON retains an
ownership and property interest(including the copyright and the right of reuse) in such
documents,whether or not the Project is completed. Owner shall have a limited license to use the
documents on the Project, extensions of the Project, and for related uses of the Owner, subject to
receipt by DIXON of full payment due and owing for all Services and Additional Services relating to
preparation of the documents and subject to the following limitations:
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 7 of 9
1. Owner acknowledges that such documents are not intended or represented to be suitable for
use on the Project unless completed by DIXON, or for use or reuse by Owner or others on
extensions of the Project, on any other project, or for any other use or purpose,without
written verification or adaptation by DIXON;
2. any such use or reuse, or any modification of the documents, without written verification,
completion, or adaptation by DIXON, as appropriate for the specific purpose intended,will be
at Owner's sole risk and without liability or legal exposure to DIXON or to its officers, directors,
members, partners, agents, employees, and consultants;
3. Owner shall indemnify and hold harmless DIXON and its officers, directors, members, partners,
agents, employees, and consultants from all claims, damages, losses, and expenses, including
attorneys'fees, arising out of or resulting from any use, reuse, or modification of the
documents without written verification, completion, or adaptation by DIXON; and such limited
license to Owner shall not create any rights in third parties.
G. Owner and DIXON may transmit, and shall accept, Project-related correspondence, documents,
text, data, drawings, information, and graphics, in electronic media or digital format, either
directly, or through access to a secure Project website, in accordance with a mutually agreeable
protocol.
H. To the fullest extent permitted by law, Owner and DIXON (1)waive against each other, and the
other's employees, officers, directors, members, agents, insurers, partners,and consultants, any
and all claims for or entitlement to special, incidental, indirect, or consequential damages arising
out of, resulting from, or in any way related to this Agreement or the Project, and (2) agree that
DIXON's total liability to Owner under this Agreement shall be limited to$100,000 or the total
amount of compensation received by DIXON, whichever is greater.
1. Limitation of Liability: DIXON and Owner agree that they shall each be responsible for their
own negligence and that neither party shall, under any circumstances, be responsible for the
negligent acts or omissions of the other party.
2. Percentage Share of Negligence:To the fullest extent permitted by law, a party's total liability
to the other party and anyone claiming by, through, or under the other party for any cost,
loss, or damages caused in part by the negligence of the party and in part by the negligence of
the other party or any other negligent entity or individual, shall not exceed the percentage
share that the party's negligence bears to the total negligence of Owner, and all other negligent
entities and individuals.
I. The parties acknowledge that DIXON's Services do not include any services related to unknown or
undisclosed Constituents of Concern. If DIXON or any other party encounters, uncovers, or reveals
an unknown or undisclosed Constituent of Concern,then DIXON may, at its option and without
liability for consequential or any other damages, suspend performance of Services on the portion
of the Project affected thereby until such portion of the Project is no longer affected, or terminate
this Agreement for cause if it is not practical to continue providing Services.
1. Constituents of Concern normally associated with coating projects can be hidden or occur as a
result of the Work. These include metals and organic solvents. These material still are
considered as Constituents of Concern only they are known or anticipated. But these
constituents of concern, including lead, chrome, cadmium, mercury, and coating solvents shall
not be a trigger for project termination by either DIXON or Owner.
J. Owner and DIXON agree to negotiate each dispute between them in good faith during the 30 days
after notice of dispute. If Owner/DIXON negotiations are unsuccessful in resolving the dispute,
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 8 of 9
then the dispute shall be negotiated by a third party agreeable to both parties and the neutral
negotiator's determination shall be legally binding on both parties.
K. This Agreement is to be governed by the law of the state in which the Project is located.
L. DIXON's Services and Additional Services do not include: (1) serving as a "municipal advisor" for
purposes of the registration requirements of Section 975 of the Dodd-Frank Wall Street Reform
and Consumer Protection Act (2010)or the municipal advisor registration rules issued by the
Securities and Exchange Commission; (2)advising Owner, or any municipal entity or other person
or entity, regarding municipal financial products or the issuance of municipal securities, including
advice with respect to the structure,timing,terms, or other similar matters concerning such
products or issuances; (3) providing surety bonding or insurance-related advice, recommendations,
counseling, or research, or enforcement of construction insurance or surety bonding requirements;
or(4) providing legal advice or representation.
8.01 TOTAL AGREEMENT:
A. This Agreement(including any expressly incorporated attachments), constitutes the entire
agreement between Owner and DIXON and supersedes all prior written or oral understandings.
This Agreement may only be amended, supplemented, modified, or canceled by a duly executed
written instrument.
9.01 DEFINITIONS:
A. Constructor—Any person or entity(not including the DIXON, its employees, agents,
representatives, and consultants), performing or supporting construction activities relating to the
Project, including but not limited to contractors, subcontractors, suppliers, Owner's work forces,
utility companies, construction managers,testing firms, shippers, and truckers, and the employees,
agents, and representatives of any or all of them.
B. Constituent of Concern—Asbestos, petroleum, radioactive material, polychlorinated biphenyls
PCBs), hazardous waste, and any substance, product, waste, or other material of any nature
whatsoever that is or becomes listed, regulated, or addressed pursuant to (a)the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b)
the Hazardous Materials Transportation Act,49 U.S.C. §§5101 et seq.; (c)the Resource
Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d)the Toxic Substances Control
Act, 15 U.S.C. §§2601 et seq.; (e)the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f)the Clean Air
Act, 42 U.S.C. §§7401 et seq.; or(g) any other federal, State, or local statute, law, rule, regulation,
ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or
standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.
EJCDC®E-520,2015 Edition of Short Form of Agreement Between Owner and DIXON for Professional Services. DIXON is required to notify
all parties that under license to EJCDC DIXON has made minor modifications,and that this is therefore not an EJCDC document.
Page 9 of 9
Bill Hobson, Director of Parks and Recreation
McHenry Recreation Center
3636 Municipal Drive
MCHeriryMcHenry,
Illinois 60050
fi: Phone: (815) 363-2160
Fax: (815) 363-3119
www.ci.mchenry.il.us/park—recreation
CONSENT AGENDA SUPPLEMENT
DATE: November 4, 2019
TO: Mayor and City Council
FROM: Bill Hobson, Director of Parks and Recreation
RE: Holiday Lighting in Veterans Memorial Park
ATT: Bid Packets
Agenda Item Summary. Award of Bid to Fox Valley Lighting for services to install, maintain,
and remove holiday lighting in Veterans Memorial Park.
Background: It has become a tradition to light the trees in Veterans Memorial Park during the
Holiday season. Staff prepared the bid documents and dispersed the documents to vendors this
year and received two back; Fox Valley Lighting for$19,500 and Temple Display for$20,089.
Analysis. The 2019/20 FY budget includes $19,500 for the project. This year,the city did receive
two bids. This is the first time receiving multiple bids in almost 10 years. After reviewing each
of the quotes, staff is recommending the award of bid to Fox Valley Lighting.
Each firm had a similar amount of lights; 90,000 vs 93,000 and the bid difference of$589 favored
the new contractor, Fox Valley Lighting.
If approved,lighting will be installed prior to the annual Downtown Christmas Walk on November
24. The contract includes maintenance throughout the holiday season and removal of the lights no
later than February 1, 2020.
If Council concurs,then it is recommended a motion is considered to approve and award bid
for installation of holiday lighting in Veterans Memorial Park to Fox Valley Lighting for
19,500 as presented.
CITY OF MCHENRY
DEPARTMENT OF PUBLIC WORKS
333 S. GREEN STREET
MCHENRY,IL 60050
BID FORM: SERVICES TO INSTALL,MAINTAIN,and REMOVE
CHRISTMAS LIGHTS—2019-20
Bid Opening: 11:00 a.m.,Tuesday, October 29, 2019
The undersigned hereby agrees to provide and deliver the services described in. these
specifications and the literature attached to this bid proposal at the bid price shown below.
Total Bid Price 9 -5 0() , GG
Number of Lights to be Installed v" r Qt_J 0
Price per 1,000 Lights 06
SUBMITTED BY:
Company 0Y,,Q
Address 05) ()LC/11/iiYi
Name&Title e- l t' awaer
Please Prin
Signature
Phone as g — Sa _ Date
CITY OF MCHENRY
BIDDER'S CERTIFICATION
In submitting this bid,the Bidder certifies:
1) The prices in the Bid have been arrived at independently,without consultation,
communication, or agreement, for the purposes of restricting competition,as to
any matter relating to such prices with any other Bidder or with any competitor.
2) Unless otherwise required by law,the prices which have been quoted in the Bid
have not knowingly been disclosed by the Bidder,prior to opening, directly or
indirectly to any other Bidder or to any competitor.
3) No attempt has been made or will be made by the Bidder to induce any other person
or firm to submit or not submit a bid for the purpose of restricting competition.
4) Bidder is not barred from contracting with City of McHenry as result of a violation
of either Section 33E or-3 or 33E-4 of Chapter 720 of the Illinois Compiled Statues
Article 33E, Public Contracts(P.A. 85-1295).
BIDDER O Gti C
ff
Company Na
BY:lam4W6Ub
S' n ture
TITLE:
DATE: le Z/I
This certificate must be signed and dated by an officer of the Bidder and returned with the
Bid.
DESCRIPTION OF PROPOSED SERVICES
to
INSTALL,MAINTAIN,and REMOVE CHRISTMAS LIGHTS
for
THE CITY OF MCHENRY
submitted by
FOX VALLEY LIGHTING
Technique—wrap the trunks and branches of designated trees approx. 15-20 ft high
Product—LED 5mm mini lights for significantly less electricity consumption
Design option#1—all lights will be the traditional white color
Design option#2—use a mixture of traditional white and modern pure white for a "champagne"
theme
Multi-year contract discount—Fox Valley Lighting offers a 15%discount off the 1-year bid price
for a 3-year contract
Insurance documentation—documentation for all insurance requirements as described in the
bid request will be provided upon award of the project
Schedule—installation will begin the week of Nov 11 to allow for potential weather delays and
deliver the completed project by Nov 22
3
fy
1
x
c
i
CITY OF MCHENRY
DEPARTMENT OF PUBLIC WORKS
333 S. GREEN STREET
MCHENRY,IL 60050
t
BID FORM: SERVICES TO INSTALL,MAINTAIN,and REMOVE
CHRISTMAS LIGHTS—2019-20
Bid Opening: 11:00 a.m.,Tuesday,October 29,2019
The undersigned hereby agrees to provide and deliver the services described in these
specifications and the literature attached to this bid proposal at the bid price shown below.
g
p«
Total Bid Price j Q-/
Number of Lights to be Installed a/d /0
Price per 1,000 Lights C//
00
SUBMITTED BY:
Company
Address //y
Name&Title a, % s
use Print)
I
Signature u
Phone ,3 l Date Z a- d
fI!
f
CITY OF MCHENRY
BIDDER'S CERTIFICATION
In submitting this bid,the Bidder certifies:
1) The prices in the Bid have been arrived at independently,without consultation,
communication, or agreement, for the purposes of restricting competition, as to
any matter relating to such prices with any other Bidder or with any competitor.
2) Unless otherwise required by law,the prices which have been quoted in the Bid
have not knowingly been disclosed by the Bidder,prior to opening, directly or
indirectly to any other Bidder or to any competitor.
3) No attempt has been made or will be made by the Bidder to induce any other person
or firm to submit or not submit a bid for the purpose of restricting competition.
4) Bidder is not barred from contracting with City of McHenry as result of a violation
of either Section 33E or-3 or 33E-4 of Chapter 720 of the Illinois Compiled Statues
Article 33E,Public Contracts(P.A. 85-1295).
P
BIDDER el)2 G6 1)1iO4? v. Lfi"G/
Company Name
BY:
1 Signature
TITLE: ?a,
DATE: /o/"
This certificate must be signed and dated by an officer of the Bidder and returned with the I
Bid.
R-19-
A RESOLUTION RECOGNIZING THE IMPORTANCE OF APPRENTICESHIPS
AND DESIGNATING NOVEMBER 11-17,2019 AS
NATIONAL APPRENTICESHIP WEEK IN THE CITY OF MCHENRY
WHEREAS,National Apprenticeship Week is an annual National Celebration that offers
leaders in business, labor, education, and other critical partners a chance to express their support
for apprenticeships and gives apprenticeship sponsors the opportunity to showcase their
programs, facilities and apprentices in their community; and
WHEREAS,National Apprenticeship Week is an opportunity to recognize the positive
impact apprenticeships have on youth, adults, businesses, and the economy as a whole; and
WHEREAS, Weekly events highlight the benefits of apprenticeships in preparing a
highly-skilled workforce to meet the talent needs of employers across diverse industries; and
WHEREAS,Apprenticeships are a strong career pathway that provide employees the
opportunity to earn a salary while learning the skills necessary to succeed in high-demand
careers; and
WHEREAS,Apprenticeships result in obtainment of an industry-recognized credential
and embody the highest competency standards, instructional rigor, and quality training of all
career based programs of study; and
WHEREAS, The City of McHenry is committed to supporting employers in developing
apprenticeships to cultivate a highly skilled workforce that supports our state and local economy
and helps businesses thrive through numerous plans to enable companies to expand or relocate to
the City of McHenry but also to remain within the City of McHenry; and
WHEREAS,the purpose of National Apprenticeship Week is to feature numerous
opportunities City of McHenry and other McHenry County companies offer and to inform
employers, parents and students about the pathways that could benefit them as they decide on
future careers and to find and sustain enough skilled people to fill positions throughout the City
of McHenry and McHenry County; and
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY OF MCHENRY
RECOGNIZES THE IMPORTANCE OF APPRENTICESHIPS TO OUR COMMUNITY
AND DESIGNATES NOVEMBER 11-17, 2019 AS NATIONAL APPRECTICESHIP
WEEK IN THE CITY OF MCHENRY.
1
PASSED and APPROVED this 4th day of November, 2019.
Voting Aye:
Voting Nay:
Abstained:
Not Voting:
Absent:
Mayor
ATTEST:
City Clerk
2
City of McHenry Council
Meeting Minutes
10.21.19
1
Minutes
REGULAR CITY COUNCIL MEETING
City Council Chambers, 333 S Green Street
Monday, October 21, 2019
Call to Order:
Roll Call: Mayor Jett called the roll call.
Members present: Alderman Santi, Alderman Glab, Alderman Schaefer, Alderman Mihevc-
(absent), Alderman Devine, Alderwoman Miller, Alderwoman Bahne and Mayor Jett. Others
present: Attorney McArdle, Administrator Morefield, Interim Director of Public Works Strange,
Director of Community Development Polerecky, Finance Director Lynch, Director of Parks and
Recreation Hobson, Director of Economic Development Martin, and Chief of Police Birk, and
City Clerk Ramel.
Pledge of Allegiance: Mayor Jett led those present in the Pledge of Allegiance.
Public Comments: Michelle Thimios, spoke on behalf of the United States Representative for
Lauren Underwood to The Council. She explained the platform of Lauren Underwood and
stated that there are two headquarter locations: Woodstock and West Chicago. She described
the actions that Lauren Underwood likes to do such as cutting through red tape, she also
supports local projects and funding which is why she was there today. She can be contacted
through email or phone number which is also located on her social media Facebook page.
Consent Agenda: Motion to Approve the Following Consent Agenda Items:
A. Sign Variance for Steffans Jewelers, 325 Front Street, to allow two banners on the
property and the posting of signage for an additional 19 days;
C. Amended Professional Services Agreement (G802-2017) with FGM Architects in the
amount of $32,800;
D. Proposal from RenoSys Corporation in the amount of $72,865 for the replacement of
the Merkel Aquatic Center pool liner;
E. October 7, 2019, City Council Minutes;
F. Issuance of Checks in the amount of $171,327.01;
G. Issuance of As Needed Checks in the amount of $103,972.76.
A motion was made by Alderman Santi and seconded by Alderwoman Miller to
approve consent agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent,
Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
City of McHenry Council
Meeting Minutes
10.21.19
Consent Agenda: Motion to Approve the Following Consent Agenda Item:
B. Bid award for the 2019-2020 Winter Tree Trimming and Pruning Program contract to
Trees “R” Us, Inc. of Wauconda, Illinois in the amount of $68,650; - pulled to separate
consideration by Alderman Glab
This item was explained by Diector of Public Works Strange clarification of the time frame was
wanted by Alderman Glab. The Council discussed this topic in regards to time frame, and how
many other towns use Trees “R” Us. The topic of how many trees are pruned daily was also
touched upon.
A motion was made by Alderman Santi and seconded by Alderwoman Baehne to
approve consent agenda items as presented. Roll Call: Vote: 6-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent,
Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
Individual Action Item Agenda: Motion to Approve the Following Consent Agenda Items:
A. Motion to pass an Ordinance Amending Chapter 4: Alcoholic Liquor.
Chief Birk explained Individual Action Item Agenda, explained states role in liquor licenses.
These licenses will be brought in front of Council.
A motion was made by Alderman Schaefer and seconded by Alderman Devine to
approve individual action agenda items as presented. Roll Call: Vote: 6-ayes: Alderman
Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent,
Alderman Devine, Alderwoman Miller. 0-nays, 0-abstained. Motion carried.
B. Motion to approve a Class B Mixin Mingle, Inc. at 1118 N Green St, McHenry and adopt
an Ordinance increasing the number of Class B licenses from 18 to 19;
Administrator Moorefield explained the licenses. Alderman Glab asked who brings the alcohol
for Mixin Mingle, the alcohol can be brought in for private invitation events, there is liability
insurance. They would like to offer a cash bar open to the public event such as a city event.
No public input.
A motion was made by Alderwoman Baehne and seconded by Alderman Santi to
approve individual action agenda items as presented. Roll Call: Vote: 5-ayes: Alderman
Santi, Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent,
Alderman Devine, Alderwoman Miller. 1-nays, 0-abstained. Motion carried.
City of McHenry Council
Meeting Minutes
10.21.19
C. Motion to pass an Ordinance Annexing Property Located at 1208 Charles Street,
McHenry, Illinois.
Director of Parks and Recreation Hobson explained this item. A few comments were made by
council on this topic. Alderman Glab asked for clarification regarding this annexing. Wanted to
know the benefits of this property annexation, will it be a problem down the road by taking this
road in. His concern is the condition of this road and its upkeep in the future.
A moti on was made by Alderman Santi and seconded by Alderwoman Miller to approve
individual action agenda items as presented. Roll Call: Vote: 5-ayes: Alderman Santi,
Alderman Schaefer, Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent,
Alderman Devine, Alderwoman Miller, Mayor Jett: 2-nays, 0-abstained. Motion carried.
Discussion Items:
A. Capital Development Study Presentation – Baxter and Woodman
Community Development Director Polerecky introduced Baxter & Woodman. Three
representatives presented the display that was brought to the Council’s attention. Gave
overview of what infrastructure is and needed for support of future development. Existing
development fees, where development could occur in the City of McHenry. Distant
development was also addressed also further distance such as 20 years plus. Primary focus
on near future focus. Population projections were also presented which could effect the growth.
Water System improvements were explained there are four main systems currently. Three
options were presented to increase water system improvements. The future developments
were also taken in consideration. They presented a graph with comparisons for the proposed
water connections. Sanitary Sewer System Improvements were presented. Several options
were given to help support the sewer system and connections. Sanitary Sewer and lift stations
were also described before The Council. Comparison of water development fees were
explained.
Residential and non-residential fees were outlined. Some discussion occurred between Council
Members. Community Development Director Polerecky asked Council to review both options
supported by Director of Parks and Recreation Hobson as well. The discussion continued for
some time. An ordinance to address the fees will be presented to Council per Community
Development Director Polerecky.
Executive Session: There was no executive session at this time.
Staff Reports: Interim Director of Public WorksTroy Strange, five way highway improvement
program was recived. Route 120 is part of this. Wants to talk about building funding for this
project.
Alderman Schaefer asked how things are going on Pearl Street, things are going well, light
polls going up in November.
City of McHenry Council
Meeting Minutes
10.21.19
Mayor’s Report: Nothing to report at this time.
City Council Comments:
Alderman Santi thanking the job well done. Alderman Glab wants increased committee
meetings. Alderwoman Miller thanked Chief Birk for coming to the red hats meeting.
Adjourn: A moti on was made by Alderman Santi and seconded by Alderwoman Miller to
adjourn the meeting at 8:35. Roll Call: Vote: 6-ayes: Alderman Santi, Alderman Schaefer,
Alderman Glab, Alderwoman Baehne, Alderman Mihevc-absent, Alderman Devine,
Alderwoman Miller: 0-nays, 0-abstained. Motion carried.
City Council
Special Meeting Minutes
October 28, 2019
Page 1
City Council Special Meeting
October 28, 2019
Call to Order
The City Council of the City of McHenry, Illinois, met in a special session on Monday, October 28,
2019, at 7:00 p.m. in the McHenry City Council Chambers, 333 S. Green Street, McHenry, IL.
Roll Call
Deputy Clerk Johnson called the roll. Roll call: Members present: Alderman Santi, Alderman Glab,
Alderman Schaefer, Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman
Miller, and Mayor Jett. Others present: City Attorney David McArdle, Administrator Morefield,
Director of Community Development Polerecky, Director of Parks and Recreation Bill Hobson,
Director of Economic Development Martin, Police Commander of Field Operations Paul Funk.
Pledge of Allegiance
Mayor Jett led those present in the Pledge of Allegiance.
Public Comment
There were no comments from the public in attendance.
Motion to approve or deny a Conditional Use Permit for the construction and operation of a
medicinal cannabis dispensary at 408 S Illinois Route 31
Doug Martin read details from the Agenda Supplement. He touched on the background of the
application, zoning regulations, police reports regarding crashes and service calls, and the
Planning and Zoning Commission recommendation for approval. He also pointed out that staff
recommends the denial of the application due to safety concerns.
Mitch Zaveduk from Crystal Clear Compassionate Care took the podium to answer questions from
the Council and City Attorney McArdle. It was explained that an application for this location has
been submitted to the State for medicinal purposes. There is no way to tell a time frame for
hearing back from the State. He has also applied for multiple recreational licenses in the area.
There are 1470 people in McHenry County with medical marijuana cards and another 3652 in
Lake County. There was a lengthy discussion regarding the number of possible patrons, the
number of parking spaces, and the amount of traffic at the proposed location. Rosemary Swierk
City Council
Special Meeting Minutes
October 28, 2019
Page 2
was present from RJ Properties, and explained the installation of speed bumps and also
addressed traffic concerns.
Alderwoman Miller shared her research on medicinal dispensaries and discussed with Mr.
Zaveduk the anticipated number of people that may be coming to his store and the length of
their stay. It was Alderman Glab’s belief that these dispensaries should be located near medical
districts and not on a main strip in town. An audit of parking spaces and security were also
discussed at length. Mayor Jett asked if anybody from the public wanted to comment on the
topic, and Scott Curry spoke to his belief that the Council should follow the Police Department
recommendations about safety and that this business belongs in a medical area.
A motion was made by Alderwoman Baehne and seconded by Alderwoman Miller to approve
a Conditional Use Permit for the construction and operation of a medicinal cannabis dispensary
at 408 S Illinois Route 31 subject to the conditions outlined by the Planning and Zoning
Commission’s recommendation. Roll call: Vote: 5-ayes: Alderwoman Baehne, Alderwoman
Miller, Alderman Scahefer, Alderman Mihevc, Alderman Devine. 2-nays: Alderman Santi,
Alderman Glab. 0-abstained. Motion carried.
Motion to grant the RISE Up Foundation 1) use of Petersen park to setup, host, and cleanup for
the Splash Pad benefit concert from Friday, June 19, through Saturday, June 20, 2) special event
liquor license for the sale of beer, wine, and malt liquor with drink ticket sales to cease 30-
minutes prior to park closure, 3) a 50% reduction of the charges for city services incurred as a
result of this event.
Director Hobson reviewed the Agenda Supplement regarding the benefit concert. He explained
that the event is expected to be larger than most events at Petersen Park but not larger than the
Tesla concert that brought in 8,500 people. The organizers of the event have made solid plans
and reviewed them with the Police and Parks Departments. The RISE Foundation is a new
501(c)(3) non-profit, and the proceeds are to be given back to the City for the construction of a
splash pad.
Attorney McArdle explained that the Mayor’s involvement with the foundation would not have
a conflict of interest because there will be no contract made with the City. All proceeds and
financial records from the non-profit foundation would be open for review to ensure open and
honest dealings.
Alderman Glab had an issue with the proposed location of the splash pad. He believes there is
a safety issue and that there is not enough parking to accommodate the existing park and a new
splash pad. Director Hobson agreed that safety is a concern, and that the location of this splash
pad is merely a proposed location. The final location is open to discussion and could be placed
in a different park in the City.
City Council
Special Meeting Minutes
October 28, 2019
Page 3
A discussion ensued regarding the fees that would be charged to the organization for City
services. Alderwomen Baehne and Miller would like to waive the fees as the proceeds of the
event would be coming back to the City. Other events are charged fees, and while they do benefit
the City, the City is not directly receiving proceeds from those events. Alderman Glab spoke
against waiving the fees, and Alderman Santi thought it would be a good idea to charge fees for
the first year and see how the fundraiser turns out. It was also stated that the City could initially
vote to charge 50% of the fees and then later waive them if they had a change of heart.
A motion was made by Alderman Santi and seconded by Alderman Schaefer to grant the RISE
Up Foundation 1) use of Petersen park to setup, host, and cleanup for the Splash Pad benefit
concert from Friday, June 19, through Saturday, June 20, 2) special event liquor license for the
sale of beer, wine, and malt liquor with drink ticket sales to cease 30-minutes prior to park
closure, 3) a 50% reduction of the charges for city services incurred as a result of this event.
Roll call: Vote: 7-ayes: Alderman Santi, Alderman Schaefer, Alderwoman Miller, Alderman
Devine, Alderman Mihevc, Alderwoman Baehne, Alderman Glab. 0-nays, 0-abstained. Motion
carried.
Alderman Glab Comment
Alderman Glab stated that developers are still putting signs around town without a proper permit
or variance. He asked Director Polerecky if he intended to fine the developers, and Director
Polerecky said he would not. Alderman Glab pointed out to the members of the Council that a
staff member is not following the City ordinances and refuses to fine people after being notified
of a violation.
Adjournment
A motion was made by Alderman Glab and seconded by Alderman Santi to adjourn the meeting
at 9:03 p.m. Roll call: Vote: 7-ayes: Alderman Glab, Alderman Santi, Alderman Schaefer,
Alderwoman Baehne, Alderman Mihevc, Alderman Devine, Alderwoman Miller. 0-nays, 0-
abstained. Motion carried.
_________________________________ _________________________________
Mayor Wayne Jett Deputy Clerk Monte Johnson
McHenry, IL
Expense Approval Register
List of Bills Council Meeting 11449
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: BAKER & SON CO, PETER
BAKER & SON CO, PETER
27387
11/04/2019
HMA SFC
100-33-6110
88.15
Vendor BAKER & SON CO, PETER Total:
88015
Vendor: BANK OF NEW YORK
MELLON TRUST CO, THE
BANK OF NEW YORK MELLON
MCHENRY 2010E
10/29/2019
MCHENRY IL GO BDS, SER 10B
300-00-7100
380,000,00
BANK OF NEW YORK MELLON
MCHENRY 2010B
10/29/2019
MCHENRY IL GO BDS, SER 10B
300-00-7200
16,560.00
BANK OF NEW YORK MELLON
MCHENRY 2010C 10/16/19
11/04/2019
MCHENRY IL CITY OF BAB
510-2305
275,000.00
BANK OF NEW YORK MELLON
MCHENRY 2010C 10/16/19
11/04/2019
MCHENRY IL CITY OF BAB
510-32-7200
86,720,00
Vendor BANK OF NEW YORK MELLON TRUST CO, THE
Total:
758,280.00
Vendor: BANK OF NEW YORK
MELLON, THE
BANK OF NEW YORK MELLON,
10/16/19 MCHENRY 12
11/04/2019
CITY OF MCHENRY GO SERIES
510-2305
100,000,00
BANK OF NEW YORK MELLON,
10/16/19 MCHENRY 12
11/04/2019
CITY OF MCHENRY GO SERIES
510-31-7200
20,253.75
BANK OF NEW YORK MELLON,
MCHENRY 12 10/16/19
11/04/2019
CITY OF MCHENRY GO SERIES
300-00-7100
55,000,00
BANK OF NEW YORK MELLON,
MCHENRY 12 10/16/19
11/04/2019
CITY OF MCHENRY GO SERIES
300-00-7200
51912,50
Vendor BANK OF NEW YORK MELLON, THE
Total:
181,16615
Vendor: BARTULIS, DEVON
BARTULIS, DEVON
250752
11/04/2019
2ND PLACE
100-41-3637
75.00
Vendor BARTULIS, DEVON
Total:
75.00
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN
209425
11/04/2019
CURRAN RD S-CURVE CS
270-00-8600
51513,86
Vendor BAXTER & WOODMAN
Total:
5151186
Vendor: CAREY, MEGAN
CAREY, MEGAN
INV0009005
11/04/2019
MEAL REIMB
100-22-5420
8,00
CAREY, MEGAN
INV0009006
11/04/2019
UNIFORM REIMB
100-22-4510
73,11
Vendor CAREY, MEGAN
Total:
81.11
Vendor: CHENEY, RYAN
CHENEY, RYAN
INV0009007
11/04/2019
UNIFORM REIMB
510-35-4510
209.97
Vendor CHENEY, RYAN
Total:
209.97
Vendor: CLEARVIEW LANDSCAPE CONSTRUCTION, INC
CLEARVIEW LANDSCAPE
10194
11/04/2019
MOWING
100-33-5110
2,971.80
CLEARVIEW LANDSCAPE
10194
11/04/2019
MOWING
100-45-5110
17,274,00
CLEARVIEW LANDSCAPE
10194A
11/04/2019
MOWING
510-31-5110
11068,00
CLEARVIEW LANDSCAPE
10194A
11/04/2019
MOWING
510-32-5110
796,20
Vendor CLEARVIEW LANDSCAPE CONSTRUCTION, INC
Total:
22,110.00
Vendor: CLESEN, NICHOLAS
CLESEN, NICHOLAS
INV0009008
11/04/2019
MEAL REIMB
100-22-5420
80.00
Vendor CLESEN, NICHOLAS
Total:
80000
Vendor: COMED
COMED
INV0009018
11/04/2019
UTI L
100-45-5510
126,82
COMED
INV0009018
11/04/2019
UTIL
400-00-5510
21493*41
COMED
INV0009019
11/04/2019
UTIL
510-31-5510
21570,66
COMED
INV0009019
11/04/2019
UTIL
510-32-5510
11722,44
Vendor COMED
Total:
6,913.33
Vendor: COMPASS MINERALS
AMERICA
COMPASS MINERALS AMERICA
502003
11/04/2019
SALT
270-00-6110
4,208.26
Vendor COMPASS MINERALS AMERICA
Total:
4,208.26
Vendor: CONSTELLATION NEWENERGY INC
CONSTELLATION NEWENERGY
INV0009021
11/04/2019
UTIL
100-33-5520
25,727,96
CONSTELLATION NEWENERGY
INV0009021
11/04/2019
UTIL
100-42-5510
666,71
CONSTELLATION NEWENERGY
INV0009021
11/04/2019
UTIL
100-44-5510
28.21
CONSTELLATION NEWENERGY
INV0009021
11/04/2019
UTIL
100-45-5510
383,80
10/30/2019 3:41:37 PM
Expense Approval Register
Vendor Name Payable Number
CONSTELLATION NEWENERGY INV0009021
CONSTELLATION NEWENERGY INV0009022
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING 110/16/19
Packet: APPKTO1642-11-4-19 AP CKS
Post Date Description (Item) Account Number Amount
11/04/2019 UTIL 100-46-5510 62.17
11/04/2019 UTIL 510-32-5510 28.42
Vendor CONSTELLATION NEWENERGY INC Total: 26,897.27
11/04/2019 2019 ROAD PGM 100-01-8600
Vendor CURRAN CONTRACTING COMPANY Total:
431,618.99
431,618.99
Vendor: DECIO, GABE
DECIO, GABE
250743
11/04/2019
REFUND 100-41-3635
25.00
Vendor DECIO, GABE Total:
25.00
Vendor: DIRECT ENERGY BUSINESS
DIRECT ENERGY BUSINESS
INV0009025
11/04/2019
UTIL 510-31-5510
5,427.68
DIRECT ENERGY BUSINESS
INV0009025
11/04/2019
UTIL 510-32-5510
14,848.41
Vendor DIRECT ENERGY BUSINESS Total:
20,276.09
Vendor: FOX VALLEY FIRE & SAFETY
FOX VALLEY FIRE & SAFETY
IN00303164
11/04/2019
MUN RADIO MAINT 8/16- 225-00-5110
1,345.50
Vendor FOX VALLEY FIRE & SAFETY Total:
1,345.50
Vendor: GLICK IV, HENRY W
GLICK IV, HENRY W
INV0009009
11/04/2019
UMP 1 GAME 100-47-5110
25.00
Vendor GLICK IV, HENRY W Total:
25.00
Vendor: GRUEN, GREG
GRUEN, GREG
INV0009010
11/04/2019
TRAINING 100-30-5430
99.00
Vendor GRUEN, GREG Total:
99.00
Vendor: HOUCK, ALEX
HOUCK, ALEX
INV0009011
11/04/2019
KNIT CLASS SUPP REIMB 100-46-6110
35.67
Vendor HOUCK, ALEX Total:
35.67
Vendor:HRGREEN
HRGREEN
1-130332
11/04/2019
PEART ST SIDEWALK & 270-00-8600
32,900.45
HRGREEN
130124
11/04/2019
CONST ENG SVS 2019 ROAD 440-00-8600
13,636.25
Vendor HRGREEN Total:
46,536.70
Vendor: IUOE - LOCAL 150
IUOE - LOCAL 150
INV0009012
11/04/2019
INS CHANGE FOR NOV 2019 TO 600-00-4310
732.00
Vendor IUOE - LOCAL 150 Total:
732.00
Vendor: LAUTERBACH & AMEN, LLP
LAUTERBACH & AMEN, LLP
40262
11/04/2019
SVS 760-00-5110
41750,00
Vendor LAUTERBACH & AMEN, LLP Total:
4,750.00
Vendor: LGMC LEADERSHIP
LGMC LEADERSHIP
INV0009013
11/04/2019
6/24 AND 9/30/19 STR PLANN 100-02-5430
1,700.00
Vendor LGMC LEADERSHIP Total:
1,700.00
Vendor: MARTIN, DOUG
MARTIN, DOUG
INV0009014
11/04/2019
PARKING AND UBER REIMB 10- 100-06-5420
49.87
Vendor MARTIN, DOUG Total:
49.87
Vendor: MCANDREWS PC, THE
LAW OFFICE OF PATRICK
MCANDREWS PC, THE LAW
OCT 19
11/04/2019
LEGAL FEES TRAFFIC 10-2019 100-01-5230
41000,00
Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total:
4,000.00
Vendor: MCHENRY COUNTY COUNCIL OF GOVERNMENTS
MCHENRY COUNTY COUNCIL
2099
11/04/2019
JETT OCT MTG 100-02-5410
50.00
Vendor MCHENRY COUNTY COUNCIL OF GOVERNMENTS Total:
50.00
Vendor: MOREFIELD, WILLIAM
DERIK
MOREFIELD, WILLIAM DERIK
INV0009015
11/04/2019
TRAVEL REIMB 100-01-5430
81.00
Vendor MOREFIELD, WILLIAM DERIKTotal:
81.00
Vendor: MUNICIPAL COLLECTION SERVICES INC
MUNICIPAL COLLECTION
015273
11/04/2019
COLL FEE 100-04-5110
191.17
MUNICIPAL COLLECTION
015274
11/04/2019
COLL FEE E O'BRIEN 400-00-5110
128.12
Vendor MUNICIPAL COLLECTION SERVICES INC Total:
319.29
10/30/2D19 3:41:37 PM
Expense Approval Register
Vendor Name
Vendor: NICOR GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
NICOR
GAS
Vendor: PALMER, MIKE
PALMER, MIKE
Packet: APPKT01642-11-449 AP CKS
Payable Number Post Date Description (Item) Account Number Amount
INV0009023
11/04/2019
UTIL
INV0009023
11/04/2019
UTIL
INV0009023
11/04/2019
UTIL
INV0009023
11/04/2019
UTIL
INV0009023
11/04/2019
UTIL
INV0009024
11/04/2019
UTIL
INV0009024
11/04/2019
UTIL
INV0009016
Vendor: PRO PLAYER CONSULTANTS INC
PRO PLAYER CONSULTANTS 250739
Vendor: PUCHALSKI GOODLOE MARZULLO LLP
PUCHALSKIGOODLOE 10936
PUCHALSKIGOODLOE 11135
Vendor: SEMROW JR, HARRY H
SEMROW JR, HARRY H SEPT 2019
SEMROW JR, HARRY H SEPT 2019
Vendor: STRANGE, TROY
STRANGE, TROY INV0009017
Vendor: TECHNOLOGY MANAGEMENT REV FUND
TECHNOLOGY MANAGEMENT T2008203
Vendor: ULTRA STROBE COMMUNICATIONS INC
ULTRA STROBE 076467
ULTRA STROBE 076468
Vendor: VARVIL, STEVE
VARVIL, STEVE 250751
Vendor: WACHHOLDER, SHERI
WACHHOLDER, SHERI 251026
11/04/2019
11/04/2019
CDL REIMB
100-42-5510
100-43-5510
100-45-5510
100-46-5510
400-00-5510
510-31-5510
510-32-5510
Vendor NICOR GAS Total:
510-31-5430
Vendor PALMER, MIKE Total:
RENTAL CANCEL 100-41-3637
Vendor PRO PLAYER CONSULTANTS INC Total
11/04/2019 LEGALSVS 760-00-5110
11/04/2019 LEGALSVS 760-00-5110
Vendor PUCHALSKI GOODLOE MARZULLO LLP Total:
11/04/2019 SEPT2019ADJCOURTAND 100-03-5110
11/04/2019 SEPT 2019 ADJ COU RT AN D 100-22-5110
Vendor SEMROW JR, HARRY H Total:
11/04/2019
11/04/2019
MEAL REIMB IPSI 10/9/19 100-30-5430
Vendor STRANGE, TROY Total:
MTHLY COMM 620-00-5110
Vendor TECHNOLOGY MANAGEMENT REV FUND Total:
11/04/2019 EQUIPMENT 100-22-8300
11/04/2019 EQUIPMENT 100-22-8300
Vendor ULTRA STROBE COMMUNICATIONS INC Total:
11/04/2019 1ST PLACE 100-41-3637
Vendor VARVIL, STEVE Total:
11(04/2019 REFUND 100-41-3636
Vendor WACHHOLDER, SHERI Total:
Grand Total:
867.03
107.26
109.79
40.06
1,584.69
694.65
1,763.13
5,166.61
60.00
60.00
50.00
50.00
850.00
5/699681
6,549.81
82.50
742.50
825.00
18.00
18.00
10.00
10.00
5,717.00
5,717.00
11,434.00
100.00
100.00
1,541,495.73
10/30/2019 3:41:37 PM
Expense Approval Register
Packet: APPKT01642-11-449 AP CKS
Fund Summary
Fund
100-GENERAL FUND
225-ALARM BOARD FUND
270 - MOTOR FUEL TAX FUND
300- DEBT SERVICE-1997A FUND
400 - RECREATION CENTER FUND
440 -CAPITAL IMPROVEMENTS FUND
510- WATER/SEWER FUND
600 - EMPLOYEE INSURANCE FUND
620 - INFORMATION TECHNOLOGY FUND
760 - POLICE PENSION FUND
Expense Amount
499,007657
11345,50
42,622.57
457,472.50
41206,22
13,636,25
511,163,31
732.00
11,299.81
Grand Total: 1,541,495.73
McHenry, IL
Expense Approval Register
#2 List of Bills Council Meeting 11-4-19
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: A-1 EQUIPMENT
A-1 EQUIPMENT
31965
11/04/2019
tire machine repair
100-33-5115
170.00
Vendor A-1 EQUIPMENT Total:
170.00
Vendor: ADAMS ENTERPRISES
INC, R A
ADAMS ENTERPRISES INC, RA
S016076
11/04/2019
leaf springs 476
100-33-5370
417.68
ADAMS ENTERPRISES INC, RA
S016371
11/04/2019
Vehicl Repairs
100-45-5370
6,69
Vendor ADAMS ENTERPRISES INC, R A Total:
424.37
Vendor: ADVANCED AUTOMATION AND CONTROLS INC
ADVANCED AUTOMATION AND
19-3194
11/04/2019
Lift station -plant -dryer
issues 510-32-6110
2,530.00
Vendor ADVANCED AUTOMATION AND CONTROLS INC Total:
2,530.00
Vendor: AFTERMATH INC
AFTERMATH INC
JC2019-4435
11/04/2019
CELLCLEANING
100-22-5110
105,00
Vendor AFTERMATH INC Total:
105.00
Vendor: ALPHA BUILDING MAINTENANCE SERVICE INC
ALPHA BUILDING
19672MRC
11/04/2019
Monthly cleaning service - Oct 400-00-5200
21080,00
Vendor ALPHA BUILDING MAINTENANCE SERVICE INC Total:
2,080.00
Vendor: AQUA PURE ENTERPRISES INC
AQUA PURE ENTERPRISES INC
121322
11/04/2019
Chlorine Invoice 121322 100-42-6110
1,585.63
Vendor AQUA PURE ENTERPRISES INC Total:
1,585.63
Vendor: ARAMARK
ARAMARK
21898586
11/04/2019
Clothing -Palmer
510-31-4510
71,71
Vendor ARAMARK Total:
71.71
Vendor: ARIES INDUSTRIES INC
ARIES INDUSTRIES INC
392543
11/04/2019
terminated end of camera 510-35-5370
887,35
Vendor ARIES INDUSTRIES INC Total:
887.35
Vendor: BAXTER & WOODMAN
BAXTER & WOODMAN
0209283
11/04/2019
GIS updates
510-31-5110
11415,00
Vendor BAXTER & WOODMAN Total:
1,415.00
Vendor: BLUE LINE, THE
BLUE LINE, THE
39346
11/04/2019
DISPATCH RECRUITMENT 100-23-5110
298.00
Vendor BLUE LINE, THE Total:
298.00
Vendor: BUSS FORD SALES
BUSS FORD SALES
5034957
11/04/2019
Vehicle Repairs
100-45-5370
63.76
BUSS FORD SALES
5035372
11/04/2019
Vehicle Repairs
100-45-5370
67,11
BUSS FORD SALES
5035601
11/04/2019
Vehicle Repairs
100-45-5370
38,86
Vendor BUSS FORD SALES Total:
169.73
Vendor: CABAY & COMPANY INC
CABAY & COMPANY INC
61607
11/04/2019
janitorial supplies
400-00-6111
235.84
CABAY & COMPANY INC
61607
11/04/2019
janitorial supplies
400-40-6110
435,00
CABAY & COMPANY INC
61684
11/04/2019
Vehicle Repairs
100-45-6110
120,00
CABAY & COMPANY INC
61709
11/04/2019
Janitorial supplies
400-00-6111
61733
CABAY & COMPANY INC
61709
11/04/2019
Janitorial supplies
400-40-6110
217,50
Vendor CABAY & COMPANY INC Total:
1,626.07
Vendor: CAREY ELECTRIC
CAREY ELECTRIC
35502
11/04/2019
New ATS for Willow Lift
Station 510-32-5380
7,650.00
Vendor CAREY ELECTRIC Total:
7,650.00
Vendor: CDW GOVERNMENT INC
CDW GOVERNMENT INC
VF5637
11/04/2019
SERVICE
620-00-5110
51218*84
Vendor CDW GOVERNMENT INC Total:
5,218.84
10/30/Z019 3:36:24 PM
Expense Approval Register
Packet: APPKT01645-11-449
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
Vendor: CONCENTRIC INTEGRATION,LLC
CONCENTRIC INTEGRATION,LLC 0209285
11/04/2019
WTP #1 CLAnalyzer Start Up
510-31-5110
350.00
Vendor CONCENTRIC INTEGRATION,LLC Total:
350.00
Vendor: CONSERV FS
CONSERV FS
65084469
11/04/2019
SportsField Supplies
100-45-6110
383.58
Vendor CONSERV FS Total:
383.58
Vendor: CRYSTAL LAKE PARK DISTRICT
CRYSTAL LAKE PARK DISTRICT
278482
11/04/2019
Trip - Shipshewana
100-46-5110
876.00
Vendor CRYSTAL LAKE PARK DISTRICT Total:
876.00
Vendor: CUMMINS INC
CUMMINS INC
F-219842
11/04/2019
N.Riverside Lift-ATS Repair
510-32-5380
11929,03
Vendor CUMMINS INC Total:
11929.03
Vendor: CURRAN CONTRACTING COMPANY
CURRAN CONTRACTING
17781
11/04/2019
45084 N50 surface. vendor
100-33-6110
97.01
Vendor CURRAN
CONTRACTING COMPANY Total:
97.01
Vendor: D & L MIDWEST
D & L MIDWEST
19-00187
11/04/2019
tow 433
100-33-5370
45.00
Vendor D & L MIDWEST Total:
45.00
Vendor: DIRECT FITNESS SOLUTIONS
DIRECT FITNESS SOLUTIONS
0239545-IN
11/04/2019
]at pull down/row & new
400-40-6142
2,870.00
DIRECT FITNESS SOLUTIONS
0549065-IN
11/04/2019
equiptment repair - lat pull
400-40-5375
40.00
Vendor DIRECT
FITNESS SOLUTIONS Total:
21910.00
Vendor: DREISILKER ELECTRIC
MOTORS INC
DREISILKER ELECTRIC MOTORS
1136191
11/04/2019
Pulley - WTP #2 Backwash
510-31-6110
33.24
DREISILKER ELECTRIC MOTORS
1136557
11/04/2019
Pulley and Belt WTP #2
510-31-6110
73.66
Vendor DREISILKER ELECTRIC MOTORS INC Total:
106.90
Vendor: DUKE'S ROOT CONTROL INC
DUKE'S ROOT CONTROL INC
16292
11/04/2019
Sanitary Sewer Root Control
510-35-5110
8,928.27
Vendor DUKE'S ROOT CONTROL INC Total:
%928.27
Vendor: ED'S RENTAL & SALES
INC
ED'S RENTAL & SALES INC
277736-1
11/04/2019
trencher rental
100-33-6110
108.00
Vendor
ED'S RENTAL & SALES INC Total:
108.00
Vendor: ELECTRONIC ENTRY SYSTEMS INC
ELECTRONIC ENTRY SYSTEMS
2019/06975
11/04/2019
Dog Park- Passes
100-45-6110
747.35
Vendor ELECTRONIC
ENTRY SYSTEMS INC Total:
747.35
Vendor: FASTENAL
FASTENAL
ILWOD163289
11/04/2019
Shop Supplies
100-45-6110
106.80
Vendor FASTENAL Total:
106.80
Vendor: FISCHER BROS FRESH
FISCHER BROS FRESH
12631
11/04/2019
5 yds Ready Mix Concrete -
510-35-6110
887.50
Vendor FISCHER BROS FRESH Total:
887.50
Vendor: GALLS LLC
GALLS LLC
013821283
11/04/2019
UNIFORM ORDER- BEIDELMAN
100-23-6110
417.87
GALLS LLC
013962381
11/04/2019
UNIFORM ORDER- MILLER
100-23-4510
149.03
GALLS LLC
013962392
11/04/2019
UNIFORM ORDER-
100-22-6110
148.24
GALLS LLC
013964916
11/04/2019
UNIFORM ORDER- CRUZ
100-22-4510
47.58
GALLS LLC
013976796
11/04/2019
UNIFORM ORDER - VASQUEZ
100-23-4510
40.58
GALLS LLC
013986941
11/04/2019
UNIFORMORDER- STAINES
100-22-6110
46.15
GALLS LLC
013991450
11/04/2019
UNIFORM ORDER-K9
100-22-6310
18.88
Vendor GALLS LLC Total:
868.33
Vendor: GLOBAL EQUIPMENT COMPANY
GLOBAL EQUIPMENT
115047293
11/04/2019
Order#16366945
510-31-6110
89.40
Vendor GLOBAL EQUIPMENT COMPANY Total:
89.40
10/30/2019 3:36:24 PM
Expense Approval Register
Vendor Name Payable Number
Vendor: HARM'S FARM
HARM'S FARM 27310
Vendor: HAWKINS INC
HAWKINS INC 4595822
Vendor: HOT SHOTS SPORTS
HOT SHOTS SPORTS 1439
Vendor: IN -PIPE TECHNOLOGY COMPANY INC
IN -PIPE TECHNOLOGY 1611
Vendor: INTERSTATE BILLING
SERVICE INC
INTERSTATE
BILLING
SERVICE
3016811625
INTERSTATE
BILLING
SERVICE
3016860041
INTERSTATE
BILLING
SERVICE
3016910932
INTERSTATE
BILLING
SERVICE
3016929632
INTERSTATE
BILLING
SERVICE
3016931077
INTERSTATE
BILLING
SERVICE
3016960421
INTERSTATE
BILLING
SERVICE
3016980644
INTERSTATE
BILLING
SERVICE
3016980646
Vendor: JC CROSS CO
JC CROSS CO 58872
Vendor:lENSEN SALES CO INC, LEE
JENSEN SALES CO INC, LEE 2211CL
Vendor: KIMBALL MIDWEST
KIMBALL MIDWEST 7460647
KIMBALL MIDWEST 7477132
KIMBALL MIDWEST 7493858
Vendor: LAFARGE NORTH AMERICA
LAFARGE NORTH AMERICA 711736382
LAFARGE NORTH AMERICA 711736382A
LAFARGE NORTH AMERICA 711751173
Vendor: MCCANN INDUSTRIES INC
MCCANN INDUSTRIES INC P07771
Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC
NORTHWEST
ELECTRICAL
17441916
NORTHWEST
ELECTRICAL
17442082
NORTHWESTELECTRICAL
17442815
NORTHWEST
ELECTRICAL
17443554
NORTHWEST
ELECTRICAL
17741709
Vendor: OFFICIAL FINDERS LLC
OFFICIAL FINDERS LLC 9492
Vendor: PETROCHOICE LLC
PETROCHOICE LLC
PETROCHOICE LLC
PETROCHOICE LLC
PETROCHOICE LLC
Post Date
11/04/2019
11/04/2019
11/04/2019
11/04/2019
Description (Item)
Fall Decorations
Chemical Delivery
Fall Invoice 1
Packet: APPKTO1645-11-4-19 RE CT INVOICE
Account Number Amount
100-45-6110
Vendor HARM'S FARM Total:
510-32-6110
Vendor HAWKINS INC Total:
100-47-5110
Vendor HOT SHOTS SPORTS Total:
Monthly service fee 510-32-5110
Vendor IWPIPE TECHNOLOGY COMPANY INC Total:
11/04/2019
417
100-33-5370
11/04/2019
409
100-33-5370
11/04/2019
417
100-33-5370
11/04/2019
417
100-33-5370
11/04/2019
802
100-33-5370
11/04/2019
417
100-33-5370
11/04/2019
416
100-33-5370
11(04/2019
417
100-33-5370
Vendor INTERSTATE BILLING SERVICE INC
Total:
11/04/2019
Blower unit for WTP #2 510-31-6110
Vendor JC CROSS CO
Total:
11/05/2019
Push Camera
510-35-6110
Vendor JENSEN SALES CO INC, LEE
Total:
11(04/2019
stock
100-33-6110
11(04/2019
stock
510-35-5370
11(04/2019
stock
100-33-6110
Vendor KIMBALL MIDWEST
Total:
11/04/2019
Virgin Grade -
STS-167582066 100-33-6110
11'04/2019
Wash Stone -
STS-167582132 100-33-6110
11/04/2019
Wash Stone-
UTY-167582988 510-35-6110
Vendor LAFARGE NORTH AMERICA
Total:
11/04/2019 Asphalt cutting blade 100-33-6110
Vendor MCCANN INDUSTRIES INCTotal:
360.50
360.50
4,415.60
4,415.60
1,403.50
1,403.50
7,750.00
7,750.00
1,578.28
1,706.75
1,790.00
322.96
3,086.74
1,030.00
223.94
223.94
9,962.61
1,864.05
1,864.05
5,595.00
5,595.00
431.80
470.12
375.03
1,276.95
107.06
126.88
123.68
357.62
470.50
470.50
11/04/2019
Electrical Supplies
100-45-6110
696.00
11/04/2019
Electrical Supplies
100-45-6110
45.83
11/04/2019
wire street light
100-33-6110
268.66
11/04/2019
Electrical Supplies
100-45-6110
116.67
11/04/2019
see below. vendor order
100-33-6110
35.31
Vendor NORTHWEST
ELECTRICAL SUPPLY CO INC Total:
1,162.47
11/04/2019
Invoice 9492
100-47-5110
140.00
Vendor OFFICIAL FINDERS LLC Total:
140.00
11033644
11/04/2019
antifreeze
510-32-6250
745.30
11101783
11/04/2019
Fuel - UTY-11101783
510-35-6250
352.03
11101799
11/04/2019
FUEL BILL
100-03 6250
77.83
11101800
11/04/2019
Fuel- WW-11101800
510-32-6250
273.23
10/30/2019 3:36:24 PM
Expense Approval Register
Packet: APPKTO1645 - 11449
RECT INVOICE
Vendor Name
Payable Number
Post Date
Description (Item)
Account Number
Amount
PETROCHOICE LLC
11101801
11/04/2019
Fuel - WTR-11101801
510-31-6250
248.89
PETROCHOICE LLC
11101802
11/04/2019
Fuel
100-45-6250
55.53
PETROCHOICE LLC
11101803
11/04/2019
Fuel - STS-11101803
100-33-6250
862.50
PETROCHOICE LLC
11101804
11/04/2019
FUEL11101804
100-22-6250
1,720.39
PETROCHOICE LLC
11108593
11/04/2019
fuel - UTY - 11108593
510-35-6250
273.96
PETROCHOICE LLC
11108607
11/04/2019
FUEL BILL
100-03-6250
131.40
PETROCHOICE LLC
11108608
11/04/2019
fuel - W W-11108608
510-32-6250
119.45
PETROCHOICE LLC
11108609
11/04/2019
Fuel - WTR-11108609
510-31-6250
94.89
PETROCHOICE LLC
11108610
11/04/2019
Fuel
100-45-6250
256.12
PETROCHOICE LLC
11108611
11/04/2019
fuel - STS - 11108611
100-33-6250
548.61
PETROCHOICE LLC
11108612
11/04/2019
FUEL11108612
100-22-6250
11882.16
Vendor PETROCHOICE LLC Total:
7,642.29
Vendor: PETTIBONE & CO, P F
PETTIBONE & CO, P F
177666
11/04/2019
WALLETS
100-22-4510
121.50
PETTIBONE & CO, P F
177688
11/04/2019
ELECTRONIC TICKET PAPER
100-22-6210
173.85
PETTIBONE & CO, P F
177691
11/04/2019
UNIFORM ORDER - CAREY
100-22-4510
20.50
PETTIBONE & CO, P F
177689
11/05/2019
PARKING CITATIONS
100-22-6210
1,236.40
Vendor PETTIBONE & CO, P F Total:
1,552.25
Vendor: PITEL SEPTIC INC
PITEL SEPTIC INC
17767
10/28/2019
Toilet Rentals
100-45-5110
200.00
Vendor PITEL SEPTIC INC Total:
200.00
Vendor: QUALITY TIRE SERVICE
QUALITYTIRESERVICE
55795
11/04/2019
tires gator 510-32-5370
512.25
Vendor QUALITY TIRE SERVICE Total:
512.25
Vendor: QUBIT NETWORKS
QUBIT NETWORKS
9842
11/04/2019
EXTREME NETWORK RENEWAL 620-00-5110
671.84
Vendor QUBIT NETWORKS Total:
671.84
Vendor: REDEXIM TURF PRODUCTS
REDEXIM TURF PRODUCTS
8223
11/04/2019
Vehicle/Equipment Repairs 100-45-5370
36.33
Vendor REDEXIM TURF PRODUCTS Total:
36.33
Vendor: ROTARY CLUB OF MCHENRY-SUNRISE ILLINOIS USA
ROTARY CLUB OF MCHENRY-
2019-09
11/04/2019
ANNUAL MEMBERSHIP DUES 100-22-5410
450.00
Vendor ROTARY CLUB OF MCHENRY-SUNRISE ILLINOIS USA Total:
450.00
Vendor: SAFE SITTER, INC
SAFE SITTER, INC
62888
11/04/2019
Program - Safe Sitter 100-46-6110
246.00
Vendor SAFE SITTER, INC Total:
246.00
Vendor: SUPER AGGREGATES
SUPER AGGREGATES
0056877
11/04/2019
asphalt dump. vendor ticket# 100-33-6110
200.00
SUPERAGGREGATES
056877
11/04/2019
mixed dump with matt. vendor 100-33-6110
200.00
SUPERAGGREGATES
56877
11/04/2019
see below. vendor ticket# 100-33-6110
200.00
SUPER AGGREGATES
56877A
11/04/2019
mixed dump. vendor ticket# 100-33-6110
200.00
SUPER AGGREGATES
56877C
11/04/2019
mixed dump with matt. vendor 100-33-6110
200.00
SUPER AGGREGATES
56877D
11/04/2019
mixed dump with matt. vendor 100-33-6110
200.00
SUPER AGGREGATES
56877E
11/04/2019
mixed dump with matt. vendor 100-33-6110
200.00
SUPERAGGREGATES
56877B
11/05/2019
mixed dump. vendor ticket# 100-33-6110
200.00
Vendor SUPER AGGREGATES Total:
1/600600
Vendor: TONY'S FAMILY TAILOR
SHOP
TONY'S FAMILY TAILOR SHOP
826349
11/04/2019
TAILORING - HENDRICKSON 100-22-6110
20.00
Vendor TONY'S FAMILY TAILOR SHOP Total:
20.00
Vendor: TRANEUSINC
TRANE US INC
310329987
11/04/2019
SERVICE CALL CITY HALL 100-03-5120
699.00
Vendor TRANE US INC Total:
699.00
Vendor: WHOLESALE DIRECT INC
WHOLESALE DIRECT INC
241697
11/04/2019
light133 100-01-5370
605.72
Vendor WHOLESALE DIRECT INC Total:
605.72
10/30/2019 3:36:24 PM
Expense Approval Register Packet: APPKT01645-11-449 RECT INVOICE
Vendor Name Payable Number Post Date Description (Item) Account Number Amount
Vendor: ZERO WASTE USA
ZERO WASTE USA 304982 11/04/2019 Dog ParkSupplies 100-45-6110 806.23
Vendor ZERO WASTE USA Total: 80613
Grand Total: 92,465.58
10/30/2019 3:36:24 PM
Expense Approval Register
Packet: APPKTO1645-11-4.19 RECT INVOICE
Fund Summary
Fund Expense Amount
100 - GENERAL FUND 32,395.22
400 - RECREATION CENTER FUND 61496*07
510- WATER/SEWER FUND 47,683661
620- INFORMATION TECHNOLOGY FUND 5,890.68
Grand Total: 92,465.58
r. Department of Public Works
WON&,,.
Troy Strange, P.E., Director of Public Works
1415 Industrial Drive
McHenry, Illinois 60050
Phone: (815) 363-2186
Fax: (815) 363-2214
tstrange@cityofmchenry.org
Mcnenr
DISCUSSION AGENDA SUPPLEMENT
DATE: November 4, 2019
TO:McHenry City Council Members
FROM: Troy Strange, Director of Public Works
RE:Orchard Beach Road, Plats, Agreements, & Covenants
ATT: Orchard Beach Road, Original Plat (1894)
Riverside Hollow, Subdivision Covenants
Riverside Hollow, Plat of Annexation
Riverside Hollow, Final Plat
Riverside Hollow, Annexation Agreement
Riverside Hollow, Annexation Ordinance
Orchard Beach Subdivision is a private subdivision located along the Fox River in unincorporated
McHenry County to the west of the Riverside Hollow Subdivision which was annexed to the City
of McHenry in 2002. The subdivision was platted in 1894 as a private subdivision in which the
alignment of Orchard Beach Road was considered a private shared driveway. This subdivision is
one of a number of private subdivisions which were platted prior to 1959 and for which the
roadways do not meet dimensional requirements to be acceptable by either a Municipality or
Township. The roads in these neighborhoods were maintained by private homeowner
associations for years and the maintenance of these roads was largely dependent upon the
cooperation of the homeowners and township governments which were able to provide some
minimal assistance through the use of their motor fuel tax funds.
In 2016, the McHenry County Division of Transportation adopted a resolution which took some
of these roads into its mileage for the purpose of improving them to an acceptable geometry for
the purposes of re-dedicating the roads to a public jurisdiction. Orchard Beach Road was
originally one of these roads. However, in 2017, the City of McHenry was informed by McHenry
County that this road belonged to the City through its annexation of Riverside Hollow Subdivision
and could not be improved through the County program. Staff have performed extensive
The City of McHenry is dedicated to providing the citizens,businesses and visitors of McHenry with the highest
quality of programs and services in a customer-oriented,efficient and fiscally responsible manner.
research of this claim and are uncertain as to whether Orchard Beach Road is in fact the City's to
maintain.
In January 2019, staff brought a letter of intent before City Council which would have outlined
the City's participation in an agreement with McHenry County and McHenry Township to
improve the existing road and turn it over to a public jurisdiction which was not yet determined.
This letter of intent was not moved forward as a result of that meeting's discussion.
At the August 19, 2019 City Council Meeting, McHenry Township Highway Commissioner Jim
Condon addressed City Council with regard to beginning discussion on another letter of intent.
As a result of discussion at the August 19, 2019 City Council Meeting, staff were directed to
perform follow-up research regarding the annexation documents and other documents related
to Riverside Hollow Subdivision and how it relates to the Orchard Beach Road discussions.
Documents related to the existing properties prior to the annexation of Riverside Hollow
Subdivision and documents related to the annexation were gathered and attached to this
memorandum for the reference of Council Members. These documents were gathered for the
purpose to provide Council Members with a better background regarding the issue of whether
the road is the City's to maintain in whole or in part.
With regard to the alignment for Orchard Beach Road, it is referred to in different ways
depending on which document is examined. The following points need to be considered when
making a determination regarding maintenance responsibility:
On the Orchard Beach Original 1894 Plat, Riverside Hollow Plat of Annexation, and the
Final Engineering Plans for Riverside Hollow, the Orchard Beach Road alignment is
referred to as a 25' Driveway.
It does not appear the maintenance of Orchard Beach Road is called out one way or
another in any of the documents that were gathered.
Section 1 of the Annexation Ordinance refers to the City annexing any and all portions of
adjacent streets, roads or highways as provided by law.
Item 14 (Page 6 of Riverside Hollow, Annexation Agreement) of the Annexation
Agreement refers to a dedication of the rear fifteen (15)feet of the easternmost lots being
dedicated for roadway purposes.
The Illinois Municipal Code indicates that a municipality must annex to the far side of an
adjacent highway for newly annexed properties that abut right of ways.
A highway is defined in the Illinois Municipal Code specifically as a public way.
The subdivision owns and maintains signs which indicate that this road is a private road,
thereby indicating that it is not to be utilized for public purposes.
Based upon staff research and recommendations provided by the City Attorney, the
determination of whether Orchard Beach Road is the City's to maintain continues to depend on
the definition of a Highway in the Illinois Statutes. If the alignment is considered a highway,then
an argument can be made that the City has a responsibility, and vice versa.
Direction from Council is being requested so that the issue can be concluded.
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HCHENRY COUNTY RECORDER
PHYLLTS K. WALTERS
MCHENRY COUNTY RECORDERq;;:0 rs .I..I A
PHYLLIS K. WALTERS
11/2002 03:00FINCityofHenryPAGES23
7, 01--22-20
RECORDING FEE 97.00
02 4:30 PM
COUNTY STAMP FEE RECORDING FEE 94.00
3TATE STAMP FEE PAGES 20
COUNTY STAMP FEE
STATE STAMP FEE
333 South Green Street
McHenry,Illinois 60050-5642
815) 363-2100 FAX: (815) 363-2119
C E R T I F I C A T 1 0 N
I, Janice C. Jones, City Clerk in and for the City of
McHenry, Illinois, and keeper of the official records, files, and
seal thereof, do hereby certify that the attached document is a
true and correct copy of City of McHenry Ordinance No. ORD-02-1056
providing for the execution of an annexation agreement between the
City of McHenry and V3 Realty for the Riverside Hollow Development
located on the east side of Riverside Drive at McCullom Lake Road.
Said Ordinance was passed and approved by the McHenry City Council
at its regularly scheduled meeting on September 17, 2001 and was
signed by the Mayor on January 14, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the corporate seal of the City of McHenry, Illinois this 21*t day
000'4"'df- January, 2002.
fjc 4
f.e.ft . 4
Jani')- Jon City Clerk
Z41 of the ity 01<_ cHenry, Illinois
vJ Prepared by and Mail to:
City of McHenry
Office of the City Clark
333 S. Green Street
McHenry IL 60050
02 - 032 - 7296 0 2- 0 0 0' 2 3 2
ORDINANCE NO.nRn-n2-in,E,_
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT FOR THE APPROXIMATELY 54 ACRES COMMONLY KNOWN
AS THE EAST SIDE OF RIVERSIDE DRIVE, AT MCCULLOM LAKE ROAD
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, V3 Land Vision 99-1 L.L.C. is the legal owner of record of the 54 acres
of real estate located on the east side of Riverside Drive, at McCullom Lake Road, and has
requested that the City enter into an Annexation Agreement for said real estate; and
WHEREAS, notice of a public hearing was published in the Northwest Herald, a
newspaper of general circulation in the City of McHenry, within the time provided by law,
notifying the public of a hearing on said Annexation Agreement before the Corporate
Authorities of the City of McHenry; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the public
hearing as required by law and have found that entry into said Annexation Agreement is in
the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYORAND CITY COUNCIL OF
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Annexation Agreement, bearing the date of SEPT. 17 2001,
between the City of McHenry, an Illinois Municipal Corporation,V3 Realty and Development
Co., and V3 Land Vision 99-1 L.L.C., record owner, be and the same is hereby approved.
A complete and accurate copy of said annexation agreement, labeled "Riverside Hollow
Annexation 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 Annexation 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.
T-h i s d,Ocv m-A s b 4'n r-e- rt co(da dt,d-0
02tO32 - 7297 02 - 005 - 3233
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 THIS 17TH DAY OF SEPTEMBER 2001
AYES:
BOLGER, GLAB, LOW, WIMMER, ALTHOFF
MURGATROYD
NAYS:
NONE
ABSTAINED:
ABSENT: NONE
NOT VOTING:NONE
APPROVED THIS 17TM DAY OF SEPTEMBER 2001
MAYOR
ATTEST:
C CLERK
i
02 - 032 - 7290 02 - 005 - 3234
RIVERSIDE HOLLOW ANNEXATION AGREEMENT
This Agreement made and entered into this Z7 day of_ 2001 by andbetweentheCITYOFMCHENRY, an Illinois—municipal corporation (hereinafter referredtoas "CITY"), and V3 Land Vision 99-1 L.L.C. its successors and assigns (hereinafter
referred to as "OWNER").
RECITALS
A. V3 Land Vision 99-1 L.L.C. holds fee simple title to the real estate legally described
on Exhibit A, attached hereto and made a part of this Agreement by reference,hereinafter referred to as the "SUBJECT PROPERTY".
B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBECTPROPERTYtotheCITY, contingent upon the terms and provisions of this
Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8, and
the ordinances of the CITY.
C. The SUBJECT PROPERTY is currently vacant, and is zoned A-1, Agricultural,
pursuant to the McHenry County Zoning Ordinance.
D. The SUBJECT PROPERTY has no electors residing thereon.
E. The SUBJECT PROPERTY consists of two tracts of land, all of which are not within
the corporate boundaries of any municipality or subject to an Annexation Agreement
with any other municipality, and are presently contiguous to and may be annexed to
the CITY in accordance with 65 ILCS 5/7-1-1, et seq.
F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in
accordance with the terms of this Agreement.
G. The CITY has determined that the annexation of the SUBJECT PROPERTY in
accordance with the terms of this Agreement is in the best interest of the CITY, will
promote sound planning and growth of the CITY, and otherwise enhance and
promote the general welfare of the CITY and its residents.
H. The CITY does not provide library or fire protection services to the SUBJECT
PROPERTY, so notice to the Fire Protection District or Public Library District of the
annexation of the SUBJECT PROPERTY is not required.
I. The annexation of the SUBJECT PROPERTY will include a portion of highway under
the jurisdiction of McHenry Township, so notice of the annexation of the SUBJECT
PROPERTY has been served to the McHenry Township Commissioner of Highways
and Board of Town Trustees by certified mail.
1
02 - 032 - 7299 02 - 005 - 3235
J. This Agreement is made pursuant to and in accordance with the provisions of 65
ILCS 5/11-15.1-1, et seq.
K. Prior to the date of this Agreement, all public hearings were held upon proper notice
and publications as are required for the CITY to effect the terms of this Agreement.
NOW THEREFORE, in consideration of their respective agreements set out herein, the
CITY and OWNER HEREBY AGREE AS FOLLOWS:
1. Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall
enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance,
together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the
County Clerk of McHenry County and recorded with the Recorder of Deeds of
McHenry County. This Agreement in its entirety, together with the aforesaid Petition
for Annexation, shall be null, void and of no force and effect unless the SUBJECT
PROPERY is zoned and classified as provided in this Agreement by the adoption of
ordinances by the CITY immediately following the execution of this Agreement.
2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the
CITY shall adopt an ordinance granting a zoning map amendment to RS-2, Medium-
Density Single-Family Residential.
3. _Preliminary Plat. Immediately following the annexation of the SUBJECT
PROPERTY, the CITY shall adopt an ordinance approving Exhibit B, entitled
Preliminary Plat of Riverside Hollow", prepared by SDI Consultants, dated 02122/01,
and last revised on 08/09/01, attached hereto and made a part of this Agreement by
reference (hereinafter referred to as "Preliminary Plat"). Approval of the Preliminary
Plat shall entitle the OWNER to final plat of subdivision approval if the final plat is in
substantial conformance with the Preliminary Plat, any conditions of approval have
been met, and it complies with this Agreement and all applicable ordinances,
including the CITY's Subdivision Ordinance, Zoning Ordinance, and Building Codes,
as modified by any Variances approved by the CITY.
4. Conditions of Zoninq Approval. The CITY's approval of the zoning map amendment
as provided in this Agreement is conditioned on the development of the SUBJECT
PROPERTY in substantial conformance with the Preliminary Plat, including
representations on the plat regarding the maximum number of units, the public
rights-of-way, open space layout, public land dedications, and the configuration of
lots. Any amendments to the Preliminary Plat, except as otherwise provided herein,
j shall require an amendment to this Agreement,
5. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY,
OWNER shall install and maintain landscaping, berming, fencing and other
improvements in accordance with Exhibit C, entitled "Preliminary Landscape Plans,"
prepared by Hitchcock Design Group, dated 02/22/01, attached hereto and made a
2
02 - 032 - 7300 02 - 005 - 8236
part of this Agreement by reference (hereinafter referred to as "Landscape Plans"),
in all areas of the SUBJECT PROPERTY that have been final platted. OWNER
shall implement, install, enforce, and maintain the Landscape Plans within the
SUBJECT PROPERTY, and shall incorporate the Landscape Plans into the
covenants and restrictions placed on the SUBJECT PROPERTY prior to CITY
approval of the first final plat of subdivision within the SUBJECT PROPERTY.
6. Architectural Standards. OWNER agrees that Exhibit D, entitled uArchitectural
Standards", attached hereto and made a part of this Agreement by reference
hereinafter referred to as "Architectural Standards"), shall be implemented and
enforced by OWNER to regulate development within the SUBJECT PROPERTY,
and shall be incorporated into the covenants and restrictions placed on the
SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision
within the SUBJECT PROPERTY.
7. Covenants and Maintenance. OWNER agrees to provide for implementation,
enforcement, and maintenance of all Architectural Standards, Landscape Plans,
private paths, open space, storm water and drainage systems, including detention
basins and retention ponds, wetlands, and conservation areas, as provided on
Exhibit C and Exhibit D, by creating one or more "homeowners' association" or
appropriate organizations. The provisions of each homeowners' association
corporate charter and bylaws and any covenants used in its enforcement shall be
submitted to the CITY with each final plat of subdivision. It is acknowledged and
agreed that the CITY shall have the right, but not the obligation, to enforce
provisions of the homeowners' association charters, bylaws, and covenants, and
that all such documents shall so provide. It is further acknowledged and agreed that
all homeowners' associations bylaws and covenants will specifically provide that
these shall not be amended as they relate to such implementation, enforcement, and
maintenance, and the means for providing funds therefore, without the prior approval
of the CITY.
8. Back-Up Special Service Area. Prior to CITY approval of the first final plat of
subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish
a Special Service Area over the SUBJECT PROPERTY to finance special municipal
services as a back-up measure to the private a "homeowners' association" and
assessment to ensure the continued maintenance of the private subdivision
improvements, including open space, landscaping, and other amenities as provided
in this Agreement.
9. Buildinq Permit Limitations. OWNER and CITY agree that the CITY shall limit the
number of building permits issued each year for new residences within the
SUBJECT PROPERTY. The maximum number of building permits issued each one-
year period shall be Forty-Five (45). The first one-year period shall begin upon CITY
approval of the final plat for the first phase of development.
3
02 - 032 - 7301 02 - 005 - 0237
10.Sanitary Sewer and Water. The SUBJECT PROPERTY shall be developed with
municipal sanitary sewer and water. OWNER will be allowed to extend the
municipal water and sewer lines to service the SUBJECT PROPERTY, and the CITY
will service the development with water and sanitary sewer treatment facilities.
a) Water. The OWNER shall pay to the CITY the sum of $201,000 for the
installation of a new water main from its present terminus on Riverside Drive at
the existing City limits, to the south property line of the SUBJECT PROPERTY,
within thirty (30) days following City Council approval of the final plat for the first
phase of development, but in no instance shall said payment be made later than
one-hundred twenty (120) days after execution of this agreement.
b) Sanitary Sewer. The CITY acknowledges that there is currently sanitary sewer
treatment plant capacity available from the CITY to service the SUBJECT
PROPERTY, however, the CITY does not agree to reserve any capacity for the
SUBJECT PROPERTY. No action of the CITY regarding application to the
Illinois or U.S. Environmental Protection Agency for permission to construct
sanitary sewer lines on any part of the SUBJECT PROPERTY shall be construed
to constitute any representation, warranty, or reservation by the CITY to OWNER
that municipal sanitary sewer treatment plant or sanitary sewer main capacity or
municipal water will be available to service the SUBJECT PROPERTY when
OWNER applies to the CITY for connection permits.
In the event the CITY has not completed construction of the North Interceptor
sanitary sewer line by the time the OWNER is ready to connect to the CITY's
sanitary sewer system, the CITY agrees to allow the OWNER to provide a
temporary connection to the existing sanitary sewer line at McCullom Lake Road
and Riverside Drive. OWNER further agrees that once the North Interceptor
sewer is installed to a point at or near the south property line of the SUBJECT
PROPERTY, OWNER shall disconnect and remove the temporary connection
and provide a permanent connection to the North Interceptor line, within ninety
90) days after notification by the CITY.
The OWNER shall provide a sanitary sewer stub near the northeast corner of the
SUBJECT PROPERTY, with the final location and size to be determined by the
City Engineer, to provide for the future connection of properties to the north that
are within the CITY's Facilities Planning Area.
11,Public Improvement Reimbursement. In the event the OWNER shall construct
additional, expanded or oversized municipal water and sanitary sewer improvements
hereinafter collectively referred to as "MUNICIPAL IMPROVEMENTS") which
benefit not only the SUBJECT PROPERTY, but also other properties being or to be
developed in the relevant service area for such utility, the following provisions shall
apply:
4
02 -- 032 - 7302 02 - 005 - 0' 238.
a) The properties which will benefit directly or indirectly from the construction and or
installation of such MUNICIPAL IMPROVEMENTS (the "BENEFITED
PROPERTY") will be determined by the City Engineer at the time such
MUNICIPAL IMPROVEMENTS are constructed. The BENEFITED PROPERTY
shall include the SUBJECT PROPERTY.
b) The CITY shall endeavor to collect a pro rata sum of money from the Owners of
the BENEFITED PROPERTY as a pre-condition to said Owners being granted a
building permit. The total cost of the improvements will be spread over the
Benefited Property pro rata. The total sum subject to reimbursement to the
OWNER, as well as the pro rata sum to be collected from the BENEFITED
PROPERTY owners, shall be determined by the City's consulting engineer taking
into account the following factors: Total construction and easement costs,
professional fees, and testing and analysis fees. Any legal and administrative
expense shall not be considered. The pro rata sum to be paid to OWNER by the
Benefited Property owners shall equal to one-half of said total cost. Interest shall
be collected from the commencement date of this reimbursement provision,
calculated annually at nine percent (9%) per annum, compounded, not to exceed
ten (10) years from the date of this Agreement. Any reimbursement provision
shall have a commencement date when the MUNICIPAL IMPROVEMENTS
which are the subject of the reimbursement agreement are places into service
and shall end on the date of the termination of this Agreement. The sum
collected shall be paid to OWNER after deduction of two percent (2%) for
administrative charges due to the CITY. In the event that any state statute shall
determine an interest rate other than set forth in this paragraph, the state interest
rate shall prevail.
c) Subject to a non-appealable final court order directing CITY to act otherwise,
CITY shall not issue any building permits for connection to the CITY's municipal
water or sanitary sewer system until the BENEFITED PROPERTY owner either
pays the reimbursement charge set forth in this paragraph or adequately assures
the CITY that the payment will be made.
d) The CITY will use its best efforts to collect the costs provided herein from the
BENEFITED PROPERTY owners but shall not be liable to OWNER if the City is,
for any reason, unable to collect said costs. The CITY'S liability to reimburse
OWNER shall be limited to payment from funds actually collected from
BENEFITED PROPERTY owners.
e) CITY shall file this Agreement with the McHenry County Recorder of Deeds and
notify the owners of the BENEFITED PROPERTY of the terms of this
reimbursement provision.
f) OWNER shall reimburse and indemnify CITY for all costs, engineering and
attorney's fees and liability incurred by the CITY with regard to the drafting and
5
02 - 032 - 7303
implementation of the Reimbursement Agreement contemplated under this
Article 9.
The CITY shall cooperate with OWNER in obtaining such permits as may be
necessary from time to time by both Federal and State law, including, but not limited
to, the Illinois Environmental Protection Agency, to permit the development of the
SUBJECT PROPERTY. Further, the CITY agrees to execute, when and where
required, all necessary applications for permits to the Environmental Protection
Agency and U.S. Army Corps. of Engineers for road access and the construction
and use of the sewer and water mains described herein, as well as the construction
of the roadways and the storm water detention areas located within wetlands, if any,
on the SUBJECT PROPERTY. No action of the CITY regarding applications to the
Illinois or U.S. Environmental Agency for permission to construct sanitary sewer
lines on any part of the SUBJECT PROPERTY shall be construed to constitute any
representation, warranty or reservation by the CITY to the OWNER that municipal
sanitary sewer treatment plant or sanitary sewer main capacity, or water will be
available to service the SUBJECT PROPERTY when OWNER applies to the CITY
for individual sewer or water service connection permits.
The CITY shall exercise its power of eminent domain, if necessary, to assist the
OWNER in obtaining all necessary easements, not already in existence, to enable
the installation of the aforesaid improvements. OWNER shall pay for all of the
eminent domain costs and expenses incurred by the CITY, including but not limited
to attorney's fees, title charges, appraisals, survey costs, deposition costs, witness
fees, litigation expenses and judgments in the acquisition of any easement. Such
costs and expenses of acquisition by eminent domain shall be includable in the
costs and expenses that are subject to recapture by OWNER from Benefiting
Parties.
12.Stormwater Management. OWNER agrees to provide storm water management
facilities and pipes of sufficient size to accommodate anticipated stormwater runoff
from the development, subject to review and approval by the City Engineer.
13.Vacation of Existing Right-of-Way. OWNER acknowledges that the CITY and
McHenry Township intend to vacate a portion of existing Orchard Beach Drive, at
the southwest corner of the SUBJECT PROPERTY. OWNER agrees to cooperate
with the CITY and McHenry Township in this right-of-way vacation and agrees to
provide access to Orchard Beach Road as indicated on the preliminary plat.
Wa Dedication: Easement for Public Utilities. OWNER agrees to dedicate
fifteen (15) feet along the rear of Lots 7-9, 13-22, and 96, as indicated on the
preliminary plat, for public roadway purposes. OWNER also agrees to dedicate a ten
10) foot public utility and drainage easement along the rear of said Lots 7-9, 13-22,
d 96,
6
02 - 032 - 7304 02 - 005 - 0239
15.Installation of Fencing. Prior to the first occupancy permit issued for a new single
family home, OWNER agrees to install a five (5) foot high, cedar fence along the
eastern lot line of the SUBJECT PROPERTY abutting Orchard Beach Road, except
along Lot 96. Maintenance and upkeep of said fence shall be the sole responsibility
of the Homeowner's Association. Upon approval of the Homeowner's Association
and issuance of a building permit by the CITY, a gate of identical material, style and
color may be installed by individual homeowners of these lots. Language regarding
maintenance/upkeep, and gating shall be incorporated into the covenants and
restrictions placed on the SUBJECT PROPERTY prior to CITY approval of the first
final plat of subdivision within the SUBJECT PROPERTY
16.Open Space Covenant. OWNER agrees that the 14.45 acres of the SUBJECT
PROPERTY located north of the FAP Route 201 acreage and designated as "Outlot"
on the Preliminary Plat shall remain open space in perpetuity and shall not be
developed with buildings or structures. OWNER shall record with the McHenry
County Recorder of Deeds a covenant running with the land shall which shall
designate this acreage as open space in perpetuity. Said covenant shall only be
amended with the consent of the CITY.
17.Tot Lot Dedication and Improvement. OWNER shall convey and dedicate to the
CITY, for unrestricted public use, the area on the Preliminary Plat designated as "Park,"
Lot 97, and described as 22,389 square feet on the east side of South Branch Road,
upon approval of the final plat of subdivision including this Tot Lot site. This
conveyance shall be made by recordable warranty deed or such other conveyance as
the CITY shall agree, free from any encumbrances, accompanied by a plat of survey
and a title insurance policy in the amount of the value of the parcel, paid for and
prepared by OWNER.
Prior to conveyance, OWNER shall improve said Tot Lot with playground equipment,
landscaping, and other amenities, as described in this paragraph and on Exhibit E,
entitled "Standard Tot Lot Design", prepared by the CITY, dated 6112/01, The CITY
shall give a credit of fifty thousand dollars ($50,000) towards the Parks component of
the required Cash Contributions, as described in this Agreement, for future
improvements to this Tot Lot. The minimum design standards for The Tot Lot
improvements shall be based on the following criteria, but shall be subject to CITY
review and approval, and shall be installed in accordance with accepted standards
for the construction of similar facilities within the CITY:
a) A minimum of two sidewalks shall be provided for access from the public
sidewalk to the play equipment;
b) All play equipment shall be in an area of a size to meet the recommended fall
zone for all such equipment, and shall be enclosed by a concrete barrier curb.
Curb depressions shall be provided to allow accessibility into the play area;
c) The surface under all play equipment shall be Fibar System 300 or equivalent;
7
02 - 032 - 730.' 02 - 005 - 82b, 0
d) Play equipment shall consist of the following: Climbing Units (Game Time Power
Scape or equivalent), Swings (Game Time Prime Time Swing Frames with Seats
or equivalent), Spring Animals (three (3) Game Time Saddle Mate Spring
Animals or equivalent);
e) A minimum of four(4) benches shall be provided;
f) Landscaping shall be provided, installed and guaranteed for a period of two (2)
years. Plans for landscaping shall be subject to CITY review and approval.
18.Temporary Sianage. The CITY agrees to issue permits, following receipt of proper
applications and fees, for a maximum of two (2) temporary subdivision advertising
signs on the SUBJECT PROPERTY, at locations selected by the OWNER (off-site
advertising signs shall not be permitted). The signs shall be two-sided or v-shaped,
a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set
back a minimum of ten (10) feet from the property line. The signs shall be removed
when the SUBJECT PROPERTY has reached ninety (90) percent occupancy, based
upon issuance of Certificates of Occupancy.
19.Model Homes. Upon the annexation of the SUBJECT PROPERTY and in advance of
any final plat of subdivision or engineering approval, the OWNER shall be permitted,
at the OWNER'S sole risk, to construct, maintain and occupy model units in one or
more product lines being offered by the OWNER and to construct and maintain other
appurtenant facilities for said model units, including temporary sanitary facilities and
systems (when a permit is received from the McHenry County Health Department) in
advance of the construction of sanitary, storm sewer, storm water detention facilities
and water mains; provided, however, no such construction shall prejudice the power
and right of the CITY to review, approve and disapprove final plats of subdivision
and engineering plans for any parcel containing said models. OWNER shall have
the to right to use said models, as well as their garages, for sales, sales promotions
and offices for sales personnel, all as may be desirable or in any way connected with
the sales of dwellings on the SUBJECT PROPERTY.
i
i; 20.Underground Utilities OWNER shall install underground, at OWNER's cost, all new
electricity, gas, telephone lines and any other utility or cable devices, lines, or
E conduits necessary to service the development of the SUBJECT PROPERTY.
OWNER shall not be required to bury any existing utilities.
21.Donations Contributions, and Fees OWNER acknowledges that the development of
the SUBJECT PROPERTY will impact on schools, parks, the library and fire
protection districts and other public services within the CITY. To reduce the effects
C of this impact, and as a condition of this Agreement, OWNER shall be obligated to
pay and/or donate, or cause to be donated to the CITY, or provide improvements for
the benefit of the CITY as follows:
8
02 - 032 - 7306 02 - 005 - 8241
a. Annexation Fees
i. OWNER shall pay to the CITY the lump sum of $57,000 within ninety (90)
days following City Council approval of the annexation of the SUBJECT
PROPERTY to the CITY.
ii. OWNER shall pay to the CITY the sum of $546 per residential unit
constructed on the SUBJECT PROPERTY upon issuance of each building
permit.
iii. OWNER shall pay to the CITY the sum of $1,838 per residential unit
1,030 to School District NO. 15, $750 to School District No. 156 and $58
to the Library District) constructed on the SUBJECT PROPERTY upon
issuance of each Certificate of Occupancy.
b. Cash Donations
i. OWNER shall pay to the CITY certain Cash Donations per residential unit
constructed on the SUBJECT PROPERTY upon issuance of each building
permit. The Cash Donations payable by the OWNER to the CITY shall be
calculated as follows:
School Districts Parks Library District Fire District Total per Unit
Sin le Famil Detached
2 or Less Bedrooms 2,071 2,436 258 258 5,023
3 Bedrooms 4,750 3,501 258 258 8,767
4 Bedrooms 5,460 4,545 258 258 10,521
5 or More Bedrooms 4,797 4,552 258 258 9.865
The Cash Donations referred to in this chart shall collectively be
referenced to as "Minimum Cash Contribution Amounts".
ii. CITY acknowledges and agrees that the 0.51-acre Park, and the fifty
thousand dollar ($50,000) credit for future Tot Lot improvements
represents twenty-two percent (22%) of the park donations required by
CITY ordinances.
iii. In the event the Minimum Cash Contribution Amounts, as calculated
above, are less than the cash donation amounts set forth in the CITY's
ordinances, as amended from time to time, an amount equal to the
amounts specified in the CITY's ordinances, after adjustments as
calculated above for land donations, shall be paid, rather than the
Minimum Cash Contribution Amount provided in this Agreement.
9
02 - 032 - 7307
iv. In the event the CITY's cash contribution ordinance, or any other
ordinance of the CITY relating to cash contributions for schools, parks,
library and fire protection districts, is repealed or declared by a court of law
to be found unenforceable and all appeals have been exhausted, OWNER
agrees to pay, subsequent to such final court action, the Minimum Cash
Contribution Amounts set forth in this Agreement. in the event such final
court order requires the CITY or School Districts to return or refund
monies paid by the OWNER pursuant to the CITY's ordinances, OWNER
expressly agrees to allow the CITY or School Districts to retain the
Minimum Cash Contribution Amounts previously paid by the OWNER. It
is the express intent of the OWNER to release the CITY and School
Districts from any liability or obligation to refund the Minimum Cash
Contribution Amount paid pursuant to this paragraph under any
circumstances.
c. Release OWNER hereby releases the CITY from any and all liability or
damage to OWNER and waives the right to challenge, by lawsuit or
otherwise, the validity, legality or enforceability of the donations and fees set
forth in this Agreement, or the purpose for which the money is spent.
OWNER agrees not to pay any fees under protest.
d. Donations Distinguished from Fees Other than the donations specified in the
foregoing paragraphs, during the term of this Agreement, and irrespective of
any existing, new or revised donation ordinances of the CITY, OWNER shall
not be required to donate any land or money to the CITY, or by action of the
CITY, to any other governmental body. Building permit fees, water and sewer
connection and capital development fees, and other similar fees which are
charged for specific services provided by the CITY, shall be payable in
accordance with the CITY ordinances in existence and as amended from time
to time, except as specifically provided in this Agreement.
e. Distribution That portion of these fees to be distributed to the schools, as
determined exclusively by the CITY, may be distributed for the benefit of
some or all schools within School Districts 15 and 156, at the discretion of the
City Council. To the extent any of these funds are distributed to said School
Districts, they shall be used for operating expenses at those schools within
School Districts 15 and 156, as directed by the City Council, at the time of
distribution. In the event a distribution agreement in a form approved by the
CITY is not executed by the School Districts prior to distribution of said funds
to the School Districts, the CITY may retain the entire amount paid pursuant
to this paragraph for CITY use. Nothing herein is intended to create third
party beneficiary rights in School Districts 15 and 156 or the Library District.
10
02 - 032 -- 7306 02 - 005 - 8242
f. Annual Adjustment At the end of each one-year period, with the first one-year
adjustment made on May 1, 2002, the fees referenced in the preceding
paragraphs a) ii, a) iii, and b) i shall be adjusted upward by the percent that
the Chicago Area Consumer Price Index has moved upwards since
December 31, 2000, and every December 315t thereafter. For the purpose of
this paragraph, the price index to be used for comparative purposes shall be
that index for the annual average Chicago area CPI-U, as published by the
United States Department of Labor, Bureau of Labor Statistics.
22.Binding Effect and Term This Agreement shall be binding upon and inure to the
benefit of the parties hereto, successor owners of record and their heirs, assigns,
and lessees, and upon successor municipal authorities of the CITY and successor
municipalities for a period of fifteen (15) years from the date of execution hereof, and
any extended time agreed to by amendment to this Agreement.
23.Amendment This Agreement may only be amended by written instrument executed
by all parties hereto. Provided, however, in the event title to the SUBJECT
PROPERTY, in whole or part, is transferred to successors in interest, future
amendments relating to the SUBJECT PROPERTY may be made by and between
the CITY and the title holders to the parcel specifically requesting the amendment
without consent required by other record owners of the SUBJECT PROPERTY.
24.Notice and Default Before any failure of any party to this Agreement to perform its
obligations under this Agreement shall be deemed to be a breach of this Agreement,
the party alleging the breach shall provide notice to the party alleged to be in default
specifying the nature of said default, and thirty (30) days elapses from the receipt of
said default notice without the default being cured. Notice shall be in writing and
delivered via certified mail, addressed as follows:
CITY
City Administrator
333 S. Green Street
McHenry, IL 60050
V3 Land Vision 99-1 L.L.C.
Attn: Keith Blais
7325 Janes Avenue
Woodridge, IL 60517
25.Stop Orders The CITY will issue no stop orders directing work stoppage on buildings
or parts of the development without setting forth the section of CITY ordinances or of
this Agreement allegedly violated by OWNER, and OWNER may forthwith proceed
to correct such violations as may exist; provided, however, that the CITY shall give
notice in advance to the OWNER of its intention to issue stop orders at least twenty-
four (24) hours in advance of the actual issuance of such stop orders, except in the
event a health, life or safety emergency is deemed to exist by the CITY.
11
02 - 032 - 7309
26.Ordinance Changes Except as otherwise specified herein, all ordinances of the CITY
and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, OWNER
and all successors and assigns in title. If during the term of this Agreement, the
provisions of the existing ordinances and regulations which may relate to the
development, subdivision, construction of improvements, buildings appurtenances
and all other development of the SUBJECT PROPERTY, are amended or modified
in any manner so as to impose more restrictive requirements, such more restrictive
requirements shall be enforceable as applied to the SUBEJCT PROPERTY, so long
as such amendments or modifications are non-discriminatory in their application and
effect throughout the CITY or other applicable jurisdictions.
27.0bligations All obligations of the OWNER in this Agreement, including monetary
obligations in existence now and in the future, as a result of this Agreement, shall
constitute covenants running with the land and such monetary obligations shall also
be liens upon the land. OWNER hereby consents to the filing of a lien on the
SUBJECT PROPERTY or parts thereof for which obligations are owed when any
obligations are more than ninety (90) days overdue.
28.Enforceability It is agreed that the parties to this Agreement may enforce and compel
performance, whether by law or in equity, by suit, mandamus, injunction, declaratory
judgement, or other court procedure, only in courts of the State of Illinois; no such
action may be brought in any Federal court. In the event that either party to the
Agreement files suit to compel performance by the other, the prevailing party shall
be entitled to recover, as part of the costs otherwise allowed, its reasonable
attorney's fees incurred therein.
29.Waiver The failure of the CITY to insist, in any one or more instances, upon
performance of any terms or conditions of this Agreement, shall not be construed as
a waiver of future strict performance of any such term, covenant or condition and the
obligations of the OWNER shall continue in full force and effect.
30.Severability If any provision of this Agreement, other than the provisions relating to
the requested zoning changes and Preliminary Plat described herein and the
ordinances adopted in connection therewith, is held invalid by any court of
competent jurisdiction, such provision shall be deemed to be excised herefrom and
the invalidity thereof shall not affect any of the other provisions contained herein.
12
02 - 032 - 731Q 02 - 005 - B243
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date indicated above.
CITY OF MCHENRY
MA R
Attest:
CITY CL
OWNER
V3 Land Vision 99-1, L.L.C.
7325 Janes Avenue
Wodridge, IL 60517
5 o. ,c. c l
B :
Print Name: /zur," A. lSLa.s
Its: A,a C A44,
13
02 -- 032 - 73 1 ( 02 - 005 - 82144
Exhibit A
Le-gal Description of the SUBJECT PROPERTY
THAT PART OF THE FRACTIONAL SOUTHWEST'/,1F SECTION 24, AND THAT
PART OF THE FRACTIONAL NORTHWESTI-'OF SECT-[ON, 25, ALL IN -
TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON O 6't,
SECTIONS 23, 24, 25 AND 26; THENCE NORTH ALONG THE REST LINE OF THS
SOUTHWEST 1,,
4 OF SECTION 24, 1 ,104.6 FEET; THENCE W TERLY ALONG
A LINE FORMING AN ANGLE OF 86 DEGREES, 52 MINUTEST. MEASURED TO THE
RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE.,
1 ,320.0 FEET; THENCE NORTHERLY, ALONG A LINE FORMING AN ANGLE OF
88 DEGREES. 50 MINUTES, MEASURED TO THE LEFT, WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE, 687.36 FEET TO THE SOUTH LINE OF KAMA
AVENUE AS SHOWN ON THE PLAT OF SHALIMAR SUBDIVISION:
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID KAMA AVENUE, BEINR ON A
LINE FORMING AN ANGLE OF 89 DEGREES, 41 MINUTES, MEASURED TO THE
RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 726.0
FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90
DEGREES, 30 MINUTES, MEASURED TO THE RIGHT. WITH A PROLONGATION OF
THE LAST DESCRIBED COURSE, 596. 15 FEET: THENCE SOUTHWESTERLY ALONG
A LINE FORMING AN ANGLE OF 19 DEGREES, 29 MINUTES, MEASURED TO THE
RIGHT, WITH A PROLONGATION OF THE LAST DESCRIBED COURSE,
1 ,015.00 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG A LINE
FORMING AN ANGLE OF 41 DEGREES, 40 MINUTES, MEASURED TO THE RIGHT,
WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, 100.3 FEET;
THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 27 DEGREES. 32
MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION OF THE LAST
DESCRIBED COURSE, 177.0 FEET; THENCE SOUTHERLY AT RIGHT ANGLES
TO THE LAST DESCRIBED COURSE, 201 .8 FEET TO THE SOUTH LINE OF THE
SOUTHWESTI,OF SECTION 24 AFORESAID, AND BEING 1 ,440.9 FEET
EAST FROM THE PLACE OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE
LAST DESCRIBED COURSE, 72. 10 FEET; THENCE SOUTHWESTERLY ALONG A
LINE FORMING AN ANGLE OF 45 DEGREES, 54 MINUTES. MEASURED TO THE
RIGHT. WITH A PROLONGATION OF THE LAST DESCRIBED COURSE,
608.60 FEET; THENCE CONTINUING SOUTHWESTERLY ALONG A LINE FORMING
AN ANGLE OF 11 DEGREES. 43 MINUTES. MEASURED TO THE LEFT, WITH A
PROLONGATION OF THE LAST DESCRIBED COURSE. 815.50 FEET TO AN
INTERSECTION WITH A NORTH LINE OF ORCHARD BEACH AVENUE; THENCE
WESTERLY ALONG SAID NORTH LINE, BEING ON A LINE FORMING AN ANGLE OF
56 DEGREES, 18 MINUTES, MEASURED TO THE RIGHT, WITH A PROLONGATION
OF THE LAST DESCRIBED COURSE, 592.65 FEET TO AN INTERSECTION WITH
THE WEST LINE OF THE NORTHWESTI-,OF SECTION 25 AFORESAID;
THENCE NORTH ALONG SAID WEST LINE, 1 ,175.46 FEET TO THE PLACE OF
BEGINNING, (EXCEPT ANY PART FALLING WITHIN MARETTA ESTATES UNIT
1 , BEING A SUBDIVISION OF PART OF THE FRACTIONAL SOUTHWESTI/OF
SECTION 24. TOWNSHIP 45 NORTH, RANGE 6, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY
12, 1972 AS DOCUMENT NO. 566347, AND ALSO EXCEPT THAT PART OF SAID
SECTIONS 24 AND 25. TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIED AS FOLLOWS: BEGINNING ON THE
WEST LINE OF THE NORTHWEST ,*,OF THE NORTHWEST/,pF SAID SECTION
25, SAID POINT BEING 215 FEET SOUTH OF THE NORTHWEST CORNER THEREOF:
THENCE NORTH ON THE WEST LINE THEREOF, FOR A DISTANCE OF 215 FEET TO
THE NORTHWEST CORNER THEREOF; THENCE NORTH ON THE WEST LINE OF
THE SOUTHWESTI/.QF THE SOUTHWESTI,,QF SAID SECTION 24, FOR A
DISTANCE OF 200 FEET TO A POINT; THENCE EAST ON A LINE FORMING
AN ANGLE OF 69 DEGREES. 20 MINUTES, TO THE RIGHT, WITH A
PROLONGATION OF THE LAST DESCRIBED LINE. AT THE LAST
DESCRIBED POINT, FOR A DISTANCE OF 264 FEET TO A POINT; THENCE
SOUTH IN A STRAIGHT AND DIRECT LINE, FOR A DISTANCE OF 415 FEET
TO A POINT, SAID POINT BEING 266 FEET EAST OF THE PLACE OF BEGINNING;
THENCE WEST 266 FEET TO THE PLACE OF PEGINNING AND ALSO EXCEPTINGTHATPARTOFTHEFRACTIONALSOUTHWEST/OF SECTION 24 AND THAT
PART OF THE FRACTIONAL NORTHWEST'.,OF SECTION 25, ALL IN
TOWNSHIP 45 NORTH. RANGE 8, EAST FOR THE THIRD PRINCIPAL MERIDIAN
IN MCHENRY COUNTRY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SECTION CORNER COMMON TO SECTION 23, 24, 25 AND 26 IN TOWNSHIP
45 NORTH, RANGE 8. EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE
1
02 - 032 - 7312-- 02 -- 005 - 8245
i
NORTH ALONG THE WEST LINE OF THE SOUTHWESTI/43F SAID SECTION 24,ON AN ASSUMED BEARING OF NORTH 00 DEGREES 03 MINUTES 37SECONDSWESTADISTANCEOF1 -104.80 FEET TO THE NORTHERLY LINE OFTHETRACTOFLANDCONVEYEDTOJOSEPHE. GANSAC AND SHIRLEY H. GANSACBYWARRANTYDEEDRECORDEDONAUGUST23. 1989 AS DOCUMENT NUMBER89R--027489 AND THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 48MINUTES23SECONDSEAST, ALONG SAID NORTHERLY LINE. 30.00 FEET TO ALINE30.00 FEET EASTERLY OF AND PARALLEL WITH SAID WEST LINE OF THESOUTHWESTI,'d]F SECTION 24; THENCE SOUTH 00 DEGREES 03 MINUTES37SECONDSEAST, ALONG SAID PARALLEL LINE. 94.13 FEET TO A POINT ONA3.669.72 FOOT RADIUS CURVE, THE CENTER OF CIRCLE OF SAID CURVEBEARSNORTH25DEGREES59MINUTES17SECONDSEASTFROMSAIDPOINT, SAID CURVE ALSO BEING 150.00 FEET NORTHERLY OF ANDCONCENTRICWITHTHETRANSITLINEOFFAP420 (F.A. 201 ) ACCORDINGTOTHEPLATRECORDEDMAY5, 1975 AS DOCUMENT NUMBER 636003;THENCE SOUTHEASTERLY ALONG SAID CURVE, CONCAVENORTHEASTERLY, 943.27 FEET THROUGH A CENTRAL ANGLE OF 14DEGREES43MINUTES39SECONDSTOAPOINT150.00 FEET NORTHERLYOFAPOINTOFTANGENCYONSAIDTRANSITLINE, AS MEASUREDNORMALTHERETO; THENCE SOUTH 78 DEGREES 44 MINUTES 21SECONDSEAST, ALONG A LINE TANGENT TO THE LAST DESCRIBEDCURVE, AND 150.00 FEET NORTHERLY OF AND PARALLEL WITH SAIDTRANSITLINE, 817.77 FEET TO A LINE 74.50 FEET WESTERLY OF ANDPARALLELWITHANEASTERLYLINEOFSAIDTRACTOFLANDCONVEYEDPERDOCUMENTNUMBER89R-02789; THENCE NORTH 19 DEGREES 36MINUTES45SECONDSEAST, ALONG SAID PARALLEL LINE, 139.93 FEET;THENCE SOUTH 70 DEGREES 23 MINUTES 15 SECONDS EAST, ALONG ALINEPERPENDICULARTOSAIDEASTERLYLINE74.50 FEET TO A POINTONSAIDEASTERLYLINE, SAID POINT BEING 180.OD FEET SOUTHERLY OFTHESOUTHEASTCORNEROFLOT9INBLOCK2. IN MARETTA ESTATES,UNIT 1 ACCORDING TO THE PLAT OF SUBDIVISION RECORDED MAY 12.1972 AS DOCUMENT NUMBER 566347, AS MEASURED ALONG SAID EASTERLYLINESAID; THENCE SOUTH DEGREES 6 MINUTES SECONDSEASTERLYLINE, 410.33FEETTOANANGLE POINTINWSAID EASTERLYLINE; THENCE SOUTH 61 DEGREES 10 MINUTES 57 SECONDS WEST.ALONG A SOUTHEASTERLY LINE OF SAID TRACT OF LAND 33.62 FEET, TO ALINE150.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID TRANSIT LINE;THENCE NORTH 78 DEGREES 44 MINUTES 21 SECONDS WEST. ALONG SAIDPARALLELLINE826.47 FEET TO A POINT 150.00 FEET SOUTHERLY OF SAIDPOINTOFTANGENCYONSAIDTRANSITLINE. AS MEASURED NORMALTHERETO; THENCE WESTERLY ALONG A TANGENTIAL 3.969.72 FOOTRADIUSCURVE, CONCAVE NORTHERLY AND BEING 150.00 FEET SOUTHERLYOFANDCONCENTRICWITHSAIDTRANSITLINE, THROUGH A CENTRAL ANGLEOF12DEGREES37MINUTES45SECONDS, A DISTANCE OF 875.01 FEET TO SAIDLINEBEING30.00 FEET EASTERLY OF AND PARALLEL WITH THE WEST LINEOFSAIDSOUTHWEST','QF SECTION 24; THENCE SOUTH 00 DEGREES 03MINUTES37SECONDSEAST, ALONG SAID PARALLEL LINE. 479. 96 FEET TOTHENORTHLINEOFTHETRACTOFLANDCONVEYEDTOPAULA. HILLERANDPRISCILLAM. HILLER BY WARRANTY DEED RECORDED JULY 18, 1972 ASDOCUMENTNUMBER571430; THENCE SOUTH 89 DEGREES 16 MINUTES 23SECONDSWEST, ALONG SAID NORTH LINE, 30.00 FEET TO SAIDWESTLINEOFTHESOUTHWEST'/,pF SECTION 24; THENCE NORTH00DEGREES03MINUTES37SECONDSWEST, ALONG SAID WEST LINE. 904.60FEETTOTHEPOINTOFBEGINNING). ALL IN MCHENRY COUNTY.ILLINOIS.
2
02 - 032 - 7313 02. - 005 - 8246
Exhibit D
Architectural Standards
I.Anti-Monotony Code
No new single family detached dwelling of the same plan and appearance
defined as exterior colors and/or elevation) shall be built on either side of the
dwelling or across the street facing it. This includes dwellings directly across
the street and each lot adjacent to it.
A dwelling on a corner lot may be considered dissimilar to another if the two
dwellings face different streets.
On cul-de-sac turnarounds, no dwelling shall be similar in plan and
appearance within on lot on either side.
II. Architectural Standards
A. Consistent use of building materials and color shall be complimentary
with the style and design of community.
B. Colors shall be chosen for compatibility with neighboring area:
appropriate colors shall be subdued colors such as beige, brown, gray,
etc. and should be selected to blend with the natural landscape.
C. Masonry and brick exterior accents are encouraged.
D. Fronts of buildings should have a variety of setbacks and bays.
E. The use of front porches is encouraged.
F. All driveways shall have compacted gravel/crushed stone base per code
with a wearing surface of asphalt or concrete.
G. All roofs shall be designed with or a combination of gables, hips, sheds
etc. (no flat roofs are allowed). Minimum roof pitch shall be 4:12.
H. Minimum dwelling size shall be 2000 sq. ft. (not including the garage or
basement space).
I. A minimum of three elevation designs per plan.
J. No fences shall be installed or maintained upon the Property unless such
fence or fences are constructed of cedar or maintenance free aluminum,
steel or PVC with an opacity of no greater than 50% and in accordance
with the laws and ordinances of the City of McHenry. In no event shall
any fence exceed five (5) feet in height. The construction of chain link
fences within the Property is prohibited.
02- 032 - 731q 02 - OOS - 8247
K. Mailboxes shall be black, mounted on a white crossarm post, sizes and
location in accordance with US Postal regulations and applicable City
ordinances, A model commonly available is by Solar Group, Inc.
www.thesolargroup.com). Mailbox ST15 Series Large (T2) Size,
galvanized steel, 10 7/8" H x 9 1/8" W x 21 3/" D. Crossarm Post Model
PP50OW with post kit. Installation of the mailbox shall be such that the
front of the mailbox itself (not the stand or pole) must be flush with the
back of the curb. Actual location of mailboxes may be further restricted
by City of McHenry or Postal Service Regulations.
L. All Lots shall be used for residential dwelling purposes only. Each Owner
shall maintain or cause to be maintained its Lot and all improvements
located thereon, including, but not limited to, the exterior of any building of
buildings, pedestrian walks, driveways and landscaped areas, in a clean,
sightly and safe condition, and each Owner shall at all times cause the
prompt removal of all papers, debris, junked vehicles, refuse and other
unsightly objects and materials therefrom and the removal of snow and
ice from paved areas, when and as required. Garbage shall be placed in
receptacles provided therefore, and if outside, shall be properly screened.
M. No trailer, temporary building or structure of any kind shall be permitted
except temporary buildings or structures located upon a Lot used during
construction of a permanent improvement, which shall be removed as
promptly as practicable and in any event no later than thirty (30) days
after the issuance by the City of an occupancy permit for such permanent
improvement. In addition, no signage of any kind (except for a single real
estate "for sale" sign as permitted by the City) shall be permitted upon
any Lot or residence. Anything contained herein to the contrary
notwithstanding, Declarant hereby reserves for itself and Developer the
right to maintain sales offices and trailer, parking areas, sales facilities,
including but not limited to model homes, signs, construction and storage
trailers, structures and facilities on any portion of the Property, except on
improved Lots subsequent to sale to an Owner, as Declarant and
Developer see fit, without payment of any charge or fee to any Owner.
Garden sheds shall be allowed, not exceeding a floor area of 80 square
feet, overall height of 9 feet, in a residential style and color comparable to
the existing residence, and otherwise in compliance with City of McHenry
regulations regarding accessory uses.
N. All Improvements shall be constructed in accordance with applicable
governmental building codes and zoning ordinances of the City and, in
the case of Developer's approval, the approved Plan and Specifications.
2
02 - 032 - 7315- 02 - 005 - 8248
Exhibit E
Standard Tot Lot Desiqn
I
rnarar>s . - alsrlja soewAuck Cm,\ •,,
I I
PRQ'OSEU BARRIER CURB,1 I I
TYPE H(]7O UN.•FT.) 4.a1 O UN
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DWRESSID Cf/R9 II F, .' d''G,; .)',:•`.",r':I'
S :.;:.;t .
t.PROPOSM SWALE•TO ORNH
III 1
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4'CrA.PencMA To
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11
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rZV'R mJ N/
SPECIFICATIONS FOR PLAY EQUIPMENT
All equipment shall be Gametime or Equivalent
Qty, Item No. Description
4 ` 10000 49"SQUARE EXPANDED METAL DEC.
1 ' 10001 49"TRIANGULAR EXPANDED METAL DEC.
4 " 10132 12' UPRIGHT ASSEMBLY(ALUM)
11 110130 10'UPRIGHT ASSEMBLY(ALUM)
4 " 10128 6' UPRIGHT ASSEMBLY(ALUM)
1 " 10570 RADICAL RACE SLIDE
1 " 10543 FUNNEL ENCLOSURE
2 ' 10442 2'-0"ACCESS STEP LINK
1 ' 10037 4'-6"TREE CLIMBER
1 "10463 2'-0"TRANS PLATFORM TRI. DEC,
1 ' 10505 2'-0"HORIZONTAL LOOP ATTACHMENT
1 ' 10329 2'-0""S'HORIZONTAL LADDER ATTACHMENT
1 ` 10069 3'4' LOOP LADDER
1 ' 10051 3'4' RUNG ACCESS
1 `10078 4' &5'COASTER CLIMBER LINK
1 ' 10062 ARCH BRIDGE LINK
1 "10655 QUICK`L'TUBE SLIDE
1 ' 10457 4'—0"SLIDE&GLIDE WITH TUNNEL
1 ` 10269 6'CORKSCREW CLIMBER
1 '12583 PRIMETIME SWING FRAME
1 ' 12584 PRIMETIME SWING ADD'A-BAY
2 2955 SEAT PKG 10' HT.3.1/2'OD
2 2686 ENCLOSED TOT SEAT,3-1/2"OD
1 4189 STALLION,ALUM,C SPRING
1 4160 SWAMPY,ALUM,C SPRING
1 4176 ROCKET,ALUM, C SPRING
02 - 032 - 7316 02 - 005 - 3249
I1CHENRY COUNTY RECORDER
City of McHenry K. WAITERS
01
RECORDING FEE 28.00
PAGES 4
COUNTY STAMP FEE
STATE STAMP FEE
333 South Green Street
McHenry, Illinois 60050-5642
815) 363-2100 FAX: (815) 363-2119
C E R T I F I C A T I O N
I, Janice C. Jones, City Clerk in and for the City of
McHenry, Illinois, and keeper of the official records, files, and
seal thereof, do hereby certify that the attached document is a
true and correct copy of City of McHenry Ordinance No. ORD-02-1057
providing for the annexation of the property located on the east
side of Riverside Drive at McCullom bake Road, commonly known as
Riverside Hollow and comprised of 54 acres. Said Ordinance was
passed and approved by the McHenry City Council at its regularly
scheduled meeting on September 17, 2001 and was signed by the
Mayor on January 14, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
porporate seal of the City of McHenry, Illinois this 218t day
r,. +' :
o`•y 9R"d7aniary, 2002.
AM
1 '\
y.
Jan- e C. Jo e , City Clerk
of City o cHenry, Illinois
Prepared by and Mail to:
City of McHenry
dOfficeoftheCityClerk
333 S. Green Street 0
McHenry IL 60050
V.MCHENRY COUNTY RHORDER
PHYLLIS K. WALTERS
City of McHenry n.'
0 -221 -2002 4:30 VIM
RECORDING FEE 28.00
PAGES 4
COUNTY STAMP FEE
STATE STAMP FEE
333 South Green Street
McHenry, Illinois 60050-5642
815) 363-2100 FAX: (815) 363-2119
C E R T I F I C A T 1 0 N
1, Janice C. Jones, City Clerk in and for the City of
McHenry, Illinois, and keeper of the official records, files, and
seal thereof, do hereby certify that the attached document is a
true and correct copy of City of McHenry Ordinance No. ORD-02-1057
providing for the annexation of the property located on the east
side of Riverside Drive at McCullom Lake Road, commonly known as
Riverside Hollow and comprised of 54 acres. Said Ordinance was
passed and approved by the McHenry City Council at its regularly
scheduled meeting on September 17, 2001 and was signed by the
Mayor on January 14, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
corporate seal of the City of McHenry, Illinois this 21"t
day
oe+ qanuary, 2002.
Jani).-ve C. JoneX, City Clerk
of th) City 61,1.)4cHenry, Illinois
Prepared by and Mail to:
Q City of McHenry
Office of the City Clerk
333 S. Green Street
McHenry IL 60050
02 - 005 - 8252
ORDINANCE NO. ORD-02-1057
AN ORDINANCE ANNEXING THE APPROXIMATELY 54 ACRES
COMMONLY KNOWN AS THE EAST SIDE OF RIVERSIDE DRIVE,
AT MCCULLOM LAKE ROAD, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, a written petition, signed under oath, by the legal owners of record of
the real estate hereinafter described, has been filed with the City Clerk requesting
annexation of said real estate to the City, contingent upon the terms and provisions of an
annexation agreement, which petition has been filed in accordance with 65 ILCS 5/7-1-8;
and
WHEREAS, said real estate is not located within any other municipality or subject to
an annexation agreement with any other municipality, and said real estate is presently
contiguous to and may be annexed to the City in accordance with 65 ILCS 5/7-1-1, et seq.;and
WHEREAS, the City of McHenry does not provide library or fire protection services
to said real estate, so notice to the Fire Protection District or Public Library District of the
annexation of said real estate is not required; and
WHEREAS, The annexation of said real estate will include portions of highway under
the jurisdiction of McHenry Township, so notice of the annexation of the said real estate has
been served to the McHenry and Township Commissioner of Highways and Board of Town
Trustees by certified mail; and
WHEREAS, the City has determined that the annexation of said real estate is in the
best interest of the City, will promote sound planning and growth of the City, and otherwise
enhance and promote the general welfare of the City and its residents.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The real estate legally described on Exhibit A, a complete and accurate
plat of said real estate attached to this ordinance and incorporated herein by reference, be
and the same is hereby annexed to and made a part of the corporate limits of the City of
McHenry, including any and all portions of adjacent street, roads or highways as provided
by law.
1
02 - 005 - 3253
SECTION 2: The City Clerk is hereby directed to cause a certified copy of this
ordinance, together with said plat, to be recorded in the Office of the Recorder of Deeds of
McHenry County, Illinois. Following the recordation of this ordinance and plat, a copy
thereof shall be filed in the Office of the Clerk of McHenry County, Illinois.
SECTION 3: 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 4: 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 THIS 17TH DAY OF SEPTEMBER 2001
AYES: BOLGER, GLAB, LOW, WIMMER, ALTHOFF
NAYS:
MURGATROYD
ABSTAINED: NONE
ABSENT: NONE
NOT VOTING:
NONE
APPROVED THIS 17TIl DAY OF SFPTEMBFR 2001
CZ
MAYOR
ATTEST:
CIT CLERK
2
02 - 005 - 0254
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a OF PART OF THE SOUTHWEST QUARTER OF SECTION 24 AND OF PART OF THE NORTWEST QUARTER 1'-100'>«
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McHENR Y, ILLINOIS
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MCHENkY COUNTY RECORDER i
V, S
PHYLLIS K. WALTERS
THIS INSTRUMENT PREPARED 03/26/2003 11:09AM
BY: PAGES 40
Gary L. Plotnick
RECORDING FEE 54.00Schain, Burney, Ross&Citron, Ltd.COUNTY STAMP FEE
222 North LaSalle Street, Suite 1910 STATE STAMP FEE
Chicago, IL 60601-1102
Relilm IQ-
Randy Caris
Kennedy Homes Limited Partnership
14 Executive Court
South Barrington, IL 60010
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR
Riverside Hnllnw_HnMFnWNFRS IIS!qJ3CIAT1QN
THIS DECLARATION (the "Declaration") made this 5th day of February, 2003, by
KENNEDY HOMES LIMITED PARTNERSHIP, an Illinois limited partnership, (hereinafter
referred to as the"Declarant").
PREAMBLES:
A Declarant is the owner in fee simple of a certain parcel of real estate in the
City of McHenry, County of McHenry, State of Illinois, legally described in Exhibit "A",
attached hereto and incorporated herein(the"Property");
B. Declarant and Developer (hereinafter defined) desire to develop a single
family residential development on the Property to be known as Riverside Hallow
Subdivision(the"development"); and
C. Declarant is desirous of submitting the Property to the provisions of this
Declaration.
i
NOW, THEREFORE, Declarant hereby declares that the Property shall be held,
sold, transferred, occupied and conveyed subject to the following covenants, conditions,
easements and restrictions, all of which shall run with the Property, and be binding on all
parties having or acquiring any right, title or interest in the Property or any part thereof, and
shall inure to the benefit of each owner thereof.
03 - 025 - 1213
ARTICLE 1
DECLARATION PURPOSES AND
PRnPFRTv SUELI CT TO nE [-A ARTION
1.1. The Declarant desires to create on the Property a single family
development for future owners of Lots (as hereinafter defined) for the following general
purposes:
a. The Declarant, by the imposition of covenants, conditions and
restrictions and the reservation of certain powers unto itself, does
intend to provide for the Property a plan for development which is
Intended to enhance and to protect the values of Declaraffs single-
family residential community; and
b. The Declarant desires to provide for the maintenance of the
Common Area (as hereinafter defined) portions of which may be
owned by the Association (as hereinafter defined) and used in
common by the Owners (as hereinafter defined)of the Property.
1.2. To further the general purposes herein expressed, the Declarant, for itself,
its successors and assigns, hereby declares that the Property at all times Is and shall be
held, transferred, sold, conveyed and occupied subject to the covenants, conditions and
restrictions herein set forth.
ARTICLE 2
QEFINITIONNS
The following words, when used In this Declaration or in any supplemental
Declaration shall, unless the context shall prohibit, have the following meanings:
2.1. "Association" shall mean and refer to Riverside Hollow Homeowners
Association, an Illinois not-for-profit corporation, and a Common Interest Community as
defined in Chapter 735 ILCS 5/9-102(a)(b), Illinois Compiled Statutes, as from time to
time amended, its successor and assigns.
2.2. 'Board" shall mean and refer to the Board of Directors of Riverside Hollow
Homeowners Association, an Illinois not-for-profit corporation; said entity shall govern and
control administration and operation of the Property.
2-
03 - 025 - 1214
2.3. "By-Laws" shall mean and refer to the By-Laws of Riverside Hollow
Homeowners Association, which is attached hereto and made a part hereof as Exhibit
C". The By-Laws are incorporated herein by this reference.
2.4. "City"shall mean and refer to the City of McHenry, Illinois.
2.5. "Common Area"shall mean and refer to all real property and improvements
Installed by Developer, thereon to be owned or maintained by the Association for the
common use and enjoyment of all members of the Association. This shall include the Lot
96 as described on the Subdivision Plat (as hereinafter defined), attached hereto and
made a part hereof as Exhibit"B."
2.6. "Declarant and/or Developer" shall mean and refer to Kennedy Homes
Limited Partnership, an Illinois limited partnership.
2.7. "Lot" shall mean and refer to that portion of the Property Indicated upon the
recorded subdivision plat or plats of the Property improved or intended to be improved as
set forth on Exhibit"B", attached hereto.
2.8. "Owner' shall mean and refer to the record owner, whether one or more
persons, individuals or entities, of a fee simple title to any Lot, which is part of the
Property, including contract purchasers, but excluding those having such interest merely
as security for the performance of an obligation.
2.9. "Member or Membership" shall mean and refer to every person or entity
who holds Membership in the Association.
2.10. "Mortgage" shall mean and refer to either a Mortgage or Deed of Trust
creating a lien against a portion of the Property given to secure an obligation of the Owner
of such portion of the Property.
2.11. "Person" shall mean and refer to a natural individual, corporation,
partnership, trustee or other legal entity capable of holding title to real property.
2.12. "Property" shall mean and refer to the real estate legally described in Exhibit
A", attached hereto and made a part hereof.
2.13. "Subdivision Plat" shall mean and refer to the Plat of Subdivision for
Riverside Hollow Subdivision, as recorded with the office of the Recorder of Deeds of
McHenry County, Illinois, attached hereto and made a part hereof as Exhibit "B."
2.14. "Single Family" shall mean and refer to one or more persons, each related
3-
03 -- 025 - 1215
to other by blood, marriage or adoption, or a group of not more than three (3) persons not
all so related, maintaining a common household.
2.15. "Turnover Date" shall mean and refer to the meaning referred to and set
forth in Section 4.6 hereof.
ARTI .
ARCHITECTURAL STANDARDS AND GENERAL RE.SIRICTIONS
3.1 Anti-Monotone,
A. No new single family detached dwelling of the same plan and
appearance (defined as exterior colors and/or elevation) shall be
built on either side of the dwelling or across the street facing it. This
includes dwellings directly across the street and each Lot adjacent to
it.
B. A dwelling on a comer Lot may be considered dissimilar to another if
the two dwellings face different streets.
C. On cul-de-sac turnarounds, no dwelling shall be similar in plan and
appearance within one lot on either side.
3.2 Architectural Standards
A. Consistent use of building materials and color shall be
complimentary with the style and design of community.
B. Colors shall be chosen for compatibility with neighboring area;
appropriate colors shall be subdued colors such as beige, brown,
gray, etc. and should be selected to blend with the natural
landscape.
C. Masonry and brick exterior accents are encouraged.
D. Fronts of buildings should have a variety of setbacks and bays.
E. The use of front porches is encouraged.
F. All driveways to be constructed shall have compacted gravel/crushed
stone base per code with a wearing surface of asphalt or concrete.
4-
03 - 025 - 1216
G. All roofs shall be designed with or a combination of gables, hips,
sheds, etc. (no flat roofs are allowed). Minimum roof pitch shall be
4:12.
H. Minimum dwelling size on each Lot shall be 2000 sq. ft. (not
Including the garage or basement space).
I. A minimum of three elevation designs per plan.
J. No fences shall be installed or maintained upon the Property unless
such fence or fences are constructed of cedar or maintenance free
aluminum, steel or PVC with an opacity of no greater than 50% and
in accordance with the laws and ordinances of the City. In no event
shall any fence exceed five (5) feet in height. The construction of
chain link fences within the Property is prohibited.
K. Mailboxes shall be black, mounted on a white crossarm ,post, sizes
and location in accordance with US Postal regulations and applicable
City ordinances. A model commonly available is by Solar Group,
Inc. (m yAhesolargroup.com). Mailbox ST15 Series Large (T2)
Size, galvanized steel, 10 7/8" H x 9 1/8" W x 21 %" D. Crossarm
Post Model PP50OW with post kit. Installation of the mailbox shall
be such that the front of the mailbox itself (not the stand or pole)
must be flush with the back of the curb. Actual location of mailboxes
may be further restricted by City or Postal Service Regulations.
L. All Lots shall be used for residential dwelling purposes only. Each
Owner shall maintain or cause to be maintained its Lot and all
improvements located thereon, including, but not limited to, the
exterior of any building or buildings, pedestrian walks, driveways and
landscaped areas, in a clean, sightly and safe condition, and each
Owner shall at all times cause the prompt removal of all papers,
debris, junked vehicles, refuse and other unsightly objects and
materials therefrom and the removal of snow and ice from paved
areas, when and as required. Garbage shall be placed in
receptacles provided therefore, and if outside, shall be properly
screened.
M. No trailer, temporary building or structure of any kind shall be
permitted except temporary buildings or structures located upon a
Lot used during construction of a permanent improvement, which
shall be removed as promptly as practicable and in any event no
5-
03 - 025 - 1217
I
i
1
later than thirty (30) days after the issuance by the City of an
occupancy permit for such permanent improvement. In addition, no
signage of any kind (except for a single real estate 'for sale" sign as
permitted by the City) shall be permitted upon any Lot or residence.
Anything contained herein to the contrary notwithstanding, Declarant
hereby reserves for itself and Developer the right to maintain sales
offices and trailer, parking areas, sales facilities, including but not
limited to model homes, signs, construction and storage trailers,
structures and facilities on any portion of the Property, except on
improved Lots subsequent to sale to an Owner, as Declarant and
Developer see fit, without payment of any charge or fee to any
Owner or the Association. Garden sheds shall be allowed, not
exceeding a floor area of 80 square feet, overall height of 9 feet, in a
residential style and color comparable to the existing residence, and
otherwise in compliance with City of McHenry regulations regarding
accessory uses.
N. All Improvements shall be constructed in accordance with applicable
governmental building codes and zoning ordinances of the City and,
in the case of Developer's approval, the approved Plans and
Specifications.
3.3. General Restrictions.
A. No noxious or offensive activity shall be carried on, in or upon the
Property, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood. No plants
or seed or other conditions, harboring or breeding infectious plant
diseases or noxious Insects shall be introduced or maintained upon
any part of a Lot.
B. Vacant Lots shall not be used for the purpose of raising crops
thereon.
C. Commercial trucks, boats, recreational vehicles or trailers shall at all
times be parked In the garage of a dwelling located on a Lot. The
repair or maintenance of any motorized vehicle shall not be
permitted except within the confines of the garage of a dwelling.
0. There shall be no obstruction in the driveways or other portions of
the Common Area nor shall ready access to a garage or entrance to
a Lot be obstructed or impeded in any manner.
6-
03 - 025 - 1218
E. No animals other than inoffensive common domestic household pets
such as dogs and cats shall be kept on any Lot. The breeding or
keeping of dogs or cats for sale or profit is expressly prohibited.
F. The operation of a "ham" or other amateur radio stations or the
erection of any communication antennae or similar devices (other
than simple mast antennae located on the roof of a Dwelling) shall
not be allowed. Subject to Article 9, no communications discs, except
television satellite dishes smaller than 24" in diameter,_ shall be
permitted on any Lot.
G. All areas of the Lots designed or intended for the proper drainage or
retention of storm water, including swale lines and ditches, shall be i
kept unobstructed and shall be mowed regularly. Trees, plantings,
shrubbery, fencing, patios, structures, landscaping treatment or other
like improvements may be planted, placed or allowed to remain in
any such areas so long as they do not substantially obstruct or alter
the rate or direction of flow of storm water from any Lot. No Owner
shall alter the rate or direction of flow of storm water from any Lot by
impounding water, changing grade, blocking or redirecting swales,
ditches or drainage areas or otherwise. Each Owner acknowledges,
by acceptance of a deed to a Lot, that each drainage or detention
area is for the benefit of the entire Property.
H. No Owner shall permit anything to be done or kept on his Lot or in
the Common Area which will increase the rate charged for or cause
the cancellation of insurance carried by the Association on the
Common Area improvements or contents thereof, or which would
be in violation of any law, nor shall any waste be discarded in the
Common Area.
I.The restriction in Article 3.2 L. shall not, however, be construed in
such a manner as to prohibit an Owner from: a) maintaining his
personal professional library therein; b) keeping his personal
business records or accounts therein; or c) handling his personal or
professional telephone calls or correspondence therefrom. Such
uses are expressly declared customarily incident to the principal
residential use and not in violation of said paragraph.
i
7-
00 - 025 - 1219
J. There is also reserved to the Developer, its agents and prospective
purchasers and lessees, the right of ingress and egress in and
through the Common Area and to park in the outdoor parking areas
incident to such sales or leasing purposes designated by Developer
and, during construction by the Developer, the right of ingress and
egress in and through the Common Area in connection with such
construction.
K. Nothing shall be altered in or removed from the Common Area
except upon the written consent of the Board.
L. In the event of damage to or destruction of any dwelling, garage or
other improvement installed by Developer on any Lot, the Owner or
Owners from time to time of any such improvement covenant and
agree that they will, within a reasonable time after such destruction,
repair or rebuild the same in a substantial and workmanlike manner
with materials comparable to those used in the original structure, and
shall conform in all respects to the laws or ordinances regulating the
construction of such structures in force at the time of such repair or
reconstruction. The exterior of such structure, when rebuilt, shall be
substantially the same as and of architectural design conformable
with the exterior of such structure immediately prior to such damage
or destruction. If an Owner fails to make the necessary repairs or
reconstruction within thirty (30) days after written notice is sent, the
Board may cause the same to be done and the cost thereof shall be
charged to such Owner as his personal obligation and shall be a lien
on his Lot.
M. No Owner shall cause or allow any activity which shall cause air,
water, soil, or noise pollution which would violate any applicable
laws, ordinances, rules and regulations of any governmental
authority having jurisdiction over the Property. Without limiting the
generality of the foregoing, no Owner shall willingly or knowingly
drain or dump any refuse, sewage or other materials into storm
drains or into the detention or open space areas. No building shall
be erected or maintained on any Lot for manufacturing, industrial or
business purposes, except pursuant to those building rights reserved
to Developer.
N. All planted or landscaped areas in the public right-of-way shall be the
maintenance responsibility of fronting Property Owners,
O. All planted or landscaped areas on a Lot shall be the responsibility of
8-
J3 - 025 - ! 220
i
the individual Lot owners for maintenance purposes.
P. Subject to the consent of the holder of any Mortgage, in the event
construction of any building on a Lot ceases for a period of six
months prior to the enclosure of such improvement,the Owner, upon
written demand of Developer or its successors and assigns, shall
raze and remove such building and landscape the Lot in a sightly
manner. All expenses shall be paid by the Owner of the Lot. In the
event construction of any such building ceases for a period of six (6)
months after said Improvement is enclosed, the Owner, upon written
demand of the Developer or City, shall landscape the Lot in a sightly
manner.
Q. No Owner shall conduct, or permit any Person to conduct, any
unlawful activity on the Lot owned by such Owner.
R. No commercial trucks or commercial vehicles shall be permitted
upon any Lot except when such truck or commercial vehicle is
actually delivering or unloading personal property to and from the Lot
and except any truck or commercial vehicle which is restricted to the
interior confines of the private garage. No private vehicles shall be
continuously parked on the streets or roadways, but shall be kept in
the driveway of the Lot or in the private garage, it being the Intention
to prevent obstruction of the street by continuous parking thereon.
Anything contained herein to the contrary notwithstanding, the
provisions of this Section shall not apply to initial construction by
Developer.
ARTICLE
MFMRFRSHLP AND RQAR QF DIRFrTQRS
4.1. Membership. Every Owner of a Lot shall be a Member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any
Lot. Ownership of a Lot shall be the sole qualification for membership.
4.2. Voting Rights. The Association shall have one class of membership and
each member shall have one vote for each Lot such member owns, provided that In no
event shall more than one (1) vote be cast with respect to any one (1) Lot. If more than
one (1) person is the record owner of any Lot, or if an Owner is a trustee, corporation,
partnership or other legal entity, the vote for such Lot shall be exercised as such Owner or
Owners of that Lot shall designate. Such designation shall be made in writing to the
9-
03 - 025 - 1221
i
Board or in such other manner as may be provided in the By-Laws.
4.3. Board of Directors. The Association shall be governed by a Board of
Directors comprised of three (3) persons, or such greater number as may be determined
by Board resolution. The Board shall maintain and administer the Common Area and
improvements thereon in accordance with the terms and provisions of this Declaration
and the By-Laws.
4.4. secs. The Association shall have such Officers as shall be appropriate
from time to time, who shall be elected by the Board and who shall manage and conduct
the affairs of the Association under the direction of the Board. Except as expressly
provided otherwise by the Articles of Incorporation or By-Laws, all power and authority to
act on behalf of the Association, both pursuant to this Declaration and otherwise, shall be
vested in its Board, from time to time, and its officers under the direction of the Board and
shall not be subject to the approval of the Members. The Articles of Incorporation and
By-Laws of the Association may include such added provisions for the protection and
indemnification of its Officers and Directors as shall be permissible by law. The Directors
and Officers of the Association shall not be liable to the Owners or others for any mistake
of judgment or any acts or omissions made in good faith as such Directors or Officers.
4.5. Director and Officer Liab_ ilUb. Neither the Directors nor the Officers of the
Association shall be personally liable to the Owners or the Association for any mistake of
judgment or for any other acts or omissions of any nature whatsoever as such directors or
officers except for any acts or omissions found by a court to constitute gross negligence
or fraud. The Association shall indemnify and hold harmless the Directors and Officers,
their heirs and legal representatives, against all contractual and other liabilities to others
arising out of contracts made by or other acts of the Directors and Officers on behalf of
the Owners or the Association or arising out of their status as Directors or Officers unless
any such contact or such act shall have been made fraudulently or with gross negligence.
The foregoing indemnification shall include indemnification against all costs and
expenses (including, but not limited to attorneys' fees, amounts of judgments paid and
amounts paid in settlement) actually and reasonably incurred in connection with the
defense of any claim, action, suit or proceeding, whether civil, criminal, administrative or
other, in which any such Director or Officer may be involved by virtue of being or having
been such Director or Officer; provided, however, that such indemnity shall not be
operative with respect to (i) any matter as to which such person shall have finally been
adjudged in such action, suit or proceeding to be liable for gross negligence or fraud in
the performance of his duties as such Director or Officer, or (ii) any matter settled or
compromised unless, in the opinion of independent counsel selected by or in a manner
determined by the Board there is no reasonable ground for such person being adjudged
liable for gross negligence or fraud in the performance of his/her duties as such Director
or Officer.
10-
03 - 025 - 122.2
4.6. Turnover. The Developer shall, through the Board appointed by it in
accordance with Section 4.3, exercise control over all Association matters, until the first to
occur of the following events: a)twenty(20)years from the date of this Declaration, b) the
sale and conveyance of legal title to all of the Lots to Owners other than Declarant or an
assignee of Declarant as provided in Section 11.7 hereof, or (c) Developer elects
voluntarily to turnover to the Members the authority to appoint the Board, which election it
shall evidence by directing the Declarant to execute and record in the Office of the
Recorder of Deeds of McHenry County, Illinois an instrument setting forth Its intention to
so turnover its authority hereunder. The date upon which the authority to appoint the
Board passes to the Members is hereinafter referred to as the "Turnover Date". On or
prior to the Turnover Date, the Developer shall cause Declarant to convey to the
Association, and the Association shall accept, the Common Area to be owned by the
Association hereunder and the Association shall undertake to maintain the Common Area
pursuant to the terms hereof.
4.7. Board Powers. The Association, through the Board, shall have the
following powers and duties:
a. Own, maintain and otherwise manage the Common Area and all
Improvements thereon in accordance with the final landscape
development plan and own, maintain and otherwise manage all other
property acquired by the Association or which the Association agrees
to maintain, including any obligation to maintain any landscaping
located in concrete islands, cul-de-sac and median strips in the
dedicated streets which are adjacent to or within the Property and to
maintain any signage and lighting located thereon;
b. Have the authority to employ a manager or other persons and to
contract with independent contractors or managing agents to
perform all or any part of the duties and responsibilities of the
Association, provided that any contract with a person or firm
appointed as a manager or managing agent shall provide for the
right of the Association to terminate the same not later than ninety
90) days after the date of the initial meeting of the Members of the
Association is held as provided by the By-Laws;
C. Establish and maintain a working capital and contingency fund in an
amount to be determined by the Board;
d. Provide for the maintenance of landscaping, signs, monuments,
fencing, retaining walls, water systems, brick pavers, lighting and
other improvements (if any) located within the Common Areas and/or
at the entrance ways to the Property.
11-
03 - 025 -- 1 223
e. At its option, mow, care for, maintain vacant and unimproved
portions of the Property and remove rubbish from same and to do
any other things necessary or desirable in the judgment of the Board
to keep any vacant portions of the unimproved portions of the
Property neat in appearance and in good order. The foregoing rights
shall not apply to any Lot or other portion of the Property owned by
Declarant;
f.Make such improvements to the Common Area and provide such
other facilities and services as may be authorized from time to time
by the affirmative vote of two-thirds (213) of the Members of the I
Association acting in accordance with its Articles of Incorporation
and By-Laws, provided, however, that any such action so authorized
shall always be for the express purpose of keeping Riverside Hollow
Subdivision a highly desirable residential community; and
g. Exercise all other powers and duties vested in or delegated to the
Association, and not specifically reserved to the Members by this
Declaration,the Articles of Incorporation or the By-Laws.
4.8. Insurance. The Board shall also have the authority to and shall obtain
comprehensive liability insurance, including liability for injuries to and death of persons,
and property damage, in such limits as it shall deem desirable, and worker's
compensation insurance, and other liability insurance as it may deem desirable, insuring
each Owner, the Association, its Officers, members of the Board, the Declarant, and their
respective employees and agents from liability and insuring the Officers of the Association
and members of the Board from liability for good faith actions beyond the scope of their
respective authority. Such insurance coverage shall Include cross liability claims of one
or more insured parties against other insured parties. The premiums for such insurance
shall be common expenses payable out of the proceeds of the Assessments required by
and collected in accordance with Article 6. The Association shall be further responsible
for maintaining such policies of insurance for the Common Area against loss or damage
by fire and such other hazards contained in the customary fire and extended coverage,
vandalism and malicious mischief endorsements as the Association may deem desirable
and may also obtain such other kinds of insurance as the Association shall from time to
time deem prudent. The coverage shall contain an endorsement to the effect that said
coverage shall not be terminated for non-payment of premiums without at least 30 days
prior written notice for the Association. The Insurance policies shall contain waivers of
subrogation with respect.to the Board, its employees, agents, owners and mortgagees.
4.9. Dflyelopar Rights.
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a. Until the Turnover Date, the Developer shall have all the rights and
powers herein granted to the Association and shall be authorized
and empowered to take all such actions as the Board would have
been authorized and empowered to take as herein provided.
b. Until the Turnover Date, Developer may elect to maintain the
Common Area and all signs and monuments located thereon and
shall pay all expenses and costs in connection with the Common
Area, including without limitation, the costs of improving and
maintaining the Common Area (and any signs and monuments
located thereon) and general real estate taxes payable in connection
with the Common Area. To the extent that any real property taxes
payable after the Turnover Date are attributable to the period prior to
the Turnover Date, Developer shall reimburse the Association, on a
pro rats basis, for such real property taxes. Declarant shall, not later
than the Turnover Date, convey to the Association that portion of the
Common Area to be owned by the Association.
C. Developer shall be entitled at all times to conduct sales of Lots from
the Property and shall have the right, for itself and its agents,
employees, guests, invitees, to utilize roads, streets, Common Area
and all other portions of the Property, excluding sold Lots, for such
purposes until all Lots are sold. Developer may at all times utilize
signage, lighting and establish temporary construction and sales
offices, buildings and trailers and construct model homes to conduct
its construction, sales and marketing of the Property.
AFtJlC1 F 5
FASEMENTS ANn PROPERTY RIGHTS
5.1. Fasements and Use and Enjoymen . An Easement is hereby declared and
created over and upon the Common Area for the benefit of the entire Property, and every
Owner shall have a right and easement of use and enjoyment and a right of access to
and of Ingress and egress on, over, across, in, upon and to the Common Area, and such
right and easement shall be appurtenant to and shall pass with title to every Lot, subject
to the following provisions:
a. The right of the Association, in accordance with its By-Laws, to adopt
rules and regulations governing the use, operation and maintenance
of the Common Area.
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1
b. The right of the Association, in accordance with its By-Laws, to
borrow money for the purpose of improving the Common Area.
Notwithstanding the foregoing, no mortgage shall be placed upon the
Common Area unless such mortgage is approved by the Board and
by a majority of the Members, voting at a general or special meeting
duly called and held in accordance with the By-Laws.
C. The right of the Association to dedicate or transfer all or any part of
the Common Area or any utility system thereon to any public agency,
authority or utility for such purposes and subject to such conditions
as may be agreed to by the Members, provided that no such
dedication or transfer shall be effective unless an instrument
agreeing to such dedication or transfer, signed by two-thirds (2/3) of
the Members of the Board of Directors, has been recorded.
5.2. Lights of Qcmp nts. All persons who reside on a Lot shall have the same
rights to use and enjoy the Common Area and all improvements situated thereon as the
Owner of that Lot, as provided in the By-Laws.
5.3. Utility Easements. The authorized telephone company, Commonwealth
Edison Company, the authorized cable television company, Northern Illinois Gas
Company, McHenry County Public Works Department, City of McHenry, Illinois, and all
other suppliers of utilities serving the Property are hereby granted the right to install, lay,
construct, operate, maintain, renew, repair and replace conduits, cables, pipes, wires,
transformers, mains, switching apparatus and other equipment, including housings for
such equipment, into, over, under, on and through the Property for the purpose of
providing utility services to the Property. Every Owner is also hereby granted an
easement of ingress and egress over and upon the Common Area and any other Lot for
any and all purposes arising out of the construction, installation, repair, maintenance,
replacement and inspection of utilities servicing such Owner's Lot.
5.4. Encroachments. In the event that (a) by reason of settlement, shifting or
movement, any dwelling, garage or other improvement as originally constructed by the
Developer on any Lot or upon the Common Area overhangs or otherwise encroaches or
shall hereafter encroach upon any other Lot or upon the Common Area, or (b) by reason
of such settlement, shifting or movement it shall be necessary or advantageous to an
Owner to use or occupy any portion of the Common Area for any reasonable use
appurtenant thereto which will not unreasonably interfere with the use or enjoyment of the
Common Area by other Owners, or (c) by reason of settlement, shifting or movement of
utility, ventilation and exhaust systems, as originally constructed by Developer, any mains,
pipes, ducts or conduits servicing any Lot or more than one Lot, encroach or shall
hereafter encroach upon any part of any Lot or the Common Area, then, in any such
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case,valid easements for the maintenance of such encroachment and for such use of the
Common Area, together with the right to enter upon such other Lot or Common Area to
maintain, repair and replace such other Lot or Common Area to maintain, repair and
replace such encroachment, are hereby established and shall exist for the benefit of such
Lot or the Common Area, as the case may be, so long as such dwelling, garage or other
improvement shall remain standing, provided, however, that if any such dwelling, garage
or other improvement is partially or totally destroyed and thereafter repaired or rebuilt, the
same encroachment may be re-established and the easements herein granted for the
maintenance, repair and replacement thereof shall continue in force; provided further that
in no event shall a valid easement for any encroachment or use in the Common Area be
created in favor of any Owner if such encroachment or use was created by the
intentional,willful or negligent conduct of any Owner or that of his agent.
3
1
5.5. Easements Run With the hand. All easements and rights described herein
are easements appurtenant, running with the land, perpetually in full force and effect, and
at all times shall inure to the benefit of and binding upon any owner, purchaser,
mortgagee or to the person having an interest in the Property, or any part or portion
thereof. Reference in the respective deeds of conveyance or in any mortgage or trust
deed or other evidence of obligation to the easements and rights described in this Article
or in any other part of this Declaration shall be sufficient to create and reserve such
easements as fully and completely as though such easements and rights were recited
fully and set forth in their entirety in such documents.
ARTICLE 6
COVENANT FORASSESSMENTTR
6.1. Creation of the Lien and Personal Obligation for Assessments. Each
Owner of a Lot (excluding Declarant and Developer), by acceptance of a Deed therefor,
whether or not it shall be so expressed in any such deed or other covenants, hereby
covenants and agrees and shall be deemed to covenant and agree to pay to the
Association, for each Lot owned by such Owner, all assessments and charges levied
pursuant to this Declaration. Such assessments, together with such interest thereon and
costs of collection thereof, as hereinafter provided, shall be a charge and a continuing lien
upon the Lot against which such assessment is made. Each such assessment, together
with such interest and costs, shall also be the continuing personal obligation of the person
who was the Owner of such Lot at the time when such assessment fell due.
6.2. Purpose of Assmsments.. The Assessments levied by the Association shall
be used for the purpose of promoting the recreation, health, safety and welfare of the
Members of the Association and, in particular, without limiting the foregoing, for
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maintenance, repair, replacement, improvement and additions of and to the Common
Area and the improvements thereon, for all taxes, insurance, utilities, professional and
other services, materials, supplies, equipment and other costs and expenses incident to
the ownership of the Common Area and all facilities and improvements thereon, for
certain maintenance, and for otherwise carrying out the duties and obligations of the
Board and of the Association as stated herein and in its Articles of Incorporation and By-
Laws.
6.3. ASSPssment Prer.Pd ire-Annual AssPSsments.
a. Each year, on or before December 1, the Board shall prepare a
budget for the Association for the ensuing twelve (12) months which
shall include estimated cash expenditures and reasonable amounts
as a reserve for repairs to and replacement of the improvements on
the Common Area, and for such other contingencies as the Board
may deem proper, and shall, on or before December 15, notify each
Owner in writing of the amount of such estimate, with reasonable
itemization thereof. The budget shall also take into account the
estimated net available cash income for the year, if any, that may be
received by the Association. On or before the next January 1,
following the preparation of the budget, and on the first day of each
and every month for the next twelve (12) months, each Owner,jointly
and severally, shall be personally liable for and obligated to pay to
the Board or as it may direct, one-twelfth (1/12) of the assessment
made pursuant to this paragraph. On or before May 1 of each year
following the initial meeting, the Board shall supply to all Owners an
itemized accounting, on an accrual or cash basis, of expenses for
the preceding twelve (12) months together with a tabulation of the
assessments and showing net excess or deficit, on an accrual or
cash basis, of income over the sum of expenses plus reserves. Any
such excess may, at the discretion of the Board, be retained by the
Association and shall be placed in a reserve account.
b. If said annual assessments prove inadequate for any reason,
including non-payment of any Owner's assessment, the Board may,
subject to the limitations on the use of capital reserves in Paragraph
6.5, charge the deficiency against existing reserves, or levy a further
assessment which shall be assessed equally against all Lots subject
to assessment. The Board shall serve notice for such further
assessment on all Owners by a statement in writing showing the
amount due and reasons therefor, and such further assessment
shall become effective with the monthly installment which is due
more than ten (10) days after delivery or mailing of such notice of
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further assessment. All Owners shall be personally liable for and
obligated to pay their respective adjusted monthly assessment.
C. The failure or delay of the Board to prepare or serve the annual or
adjusted estimate on any Owner shall not constitute a waiver or
release in any manner of such Owner's obligation to pay the
maintenance costs and necessary reserves, as herein provided.
Whenever the same shall be determined, and in the absence of any
annual estimate or adjusted estimate, the Owner shall continue to
pay his monthly installment at the then existing rate established for
the previous period until the monthly installment which is due more i
than ten (10) days after such new annual or adjusted estimate shall
have been mailed or delivered.
6.4. Special Assessments for Capital Improvements. In addition to the annual
assessments authorized above, the Board may levy special assessments for the purpose
of defraying, in whole or in part, the cost of constructing or purchasing a specified capital
improvement upon or to the Common Area and for the necessary fixtures and personal
property related thereto, provided that, unless otherwise provided in the By-Laws, any
such assessments which in one (1) year exceed Five Thousand and No/100 Dollars
5,000.00) for all Lots involved shall first be approved by a majority of the Board and
thereafter by a majority of the votes cast by the Members present at a general or special
meeting duly called for that purpose or, in lieu of such Member's meeting, by an
Instrument signed by the Members owning two-thirds (2/3) of the Lots. Special
assessments levied hereunder shall be due and payable at such time or times and in
such manner as shall be fixed by the Board or, where applicable, as approved by the
members, and shall be used only for the specific purpose for which such assessment was
levied.
6.5. Capital Reserves. To the extent the annual budget includes an amount
specifically designated as a capital reserve, that proportion of each installment of the
annual assessments paid to the Association as the amount so designated as a capital
reserve bears to the total annual budget shall be segregated and maintained by the
Association in a special capital reserve account to be used solely for making repairs and
replacements to the Common Area and the improvements thereon which the Association
is obligated to repair and replace in accordance with the provisions of this Declaration,
and for the purchase of equipment to be used by the Association in connection with its
duties hereunder. At the closing of a sale to an initial Owner of a Lot, said Owner shall
deposit with the Association an amount equal to One Hundred Fifty and 001100 Dollars
150.00) as a start up deposit to be applied to capital reserves.
6.6. Nn ice and Quorum. Written notice of any meeting called for the purpose of
authorizing special assessments which requires approval of the Members shall be sent to
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all Members not less than thirty (30) days nor more than sixty (60) days in advance of
such meeting. At the first such meeting called, the presence of voting Members in person
or by proxy having sixty percent (60%) of the votes entitled to be cast shall constitute a
quorum. If the required quorum is not present another meeting may be called subject to
the same notice requirement and the required quorum at the subsequent meeting shall be
one-half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty(60)days following the preceding meeting.
6.7. Uniform Assessments. Both annual and special assessments shall be fixed
at a uniform rate for all Lots.
6.8. Call - .tion of Assessments. Any installment of an assessment which is not
paid when due shall be delinquent. If said installment is not paid within thirty (30) days
after the due date, the Board may, upon notice to such Owner of such delinquency,
accelerate the maturity of all remaining Installments due with respect to the current
assessment year, and the total amount shall become immediately due and payable and
commence to bear interest from the date of acceleration at the maximum rate permitted
by law. The Board may determine a late charge not to exceed Fifty and No/100 Dollars
50.00) per month for all delinquent assessments. The Association may bring an action
against the Owner personally obligated to pay assessments and recover the same,
including interest, costs and reasonable attomeys' fees for any such action, which shall
be added to the amount of such assessment and included in any judgment rendered in
any such action. To the extent permitted by any decision or any statute or law now or
hereafter effective, the amount of any delinquent and unpaid charges or assessments,
and any such accelerated installments, together with interest, late charges as determined
by the Board, costs and attorneys' fees as above provided, shall be and become a lien or
charge against the delinquent Owner's Lot when payable and may be foreclosed by any
action brought in the name of the Association. To the extent permitted by statute, the
Board may bring an action in Forcible Entry and Detainer to collect any delinquent
assessments.
6.9. No Waiver of Liability. No Owner may waive or otherwise escape liability for
assessments provided for herein by non-use of the Common Area or abandonment of his
Lot. Any claim by an Owner against the Association shall be by separate action and shall
not be used as a defense or counterclaim to an action by the Association to collect
assessments.
6.10. Suhordinatioa-of the Lien to Mortgages. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage placed at any
time on a Lot by a bona fide lender. Each holder of a first mortgage on a Lot who obtains
title or comes into possession of that Lot pursuant to the remedies provided in the
mortgage, foreclosure of the mortgage, or by deed (or assignment) in lieu of foreclosure,
or any purchaser at a foreclosure sale, will take the Lot free of any claims for unpaid
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assessments or charges which become payable prior to such acquisition of title,
possession, or the filing of a suit to foreclose the mortgage.
ARTICLE 7
EXTERIOR MAINTENANCE BY ASSQUATION AND OWNERS
In addition to other rights, powers and duties of the Association under applicable
law or as otherwise set forth in this Declaration and in the By-Laws of the Association, the
Association shall have the following rights, powers and duties with regard to the Common
Area and the cost and expense of which shall be paid for by the Association from
assessment funds:
Common Area. The Association shall maintain, repair, replace and
manage the Common Area and all facilities, improvements and
equipment thereon, and pay for all expenses and services in
connection therewith, including without limiting the generality of the
foregoing: landscape maintenance, comprehensive liability, hazard
and other insurance, payment of all taxes, assessments and other
liens and encumbrances which are assessed to or charged against
the Common Area or other property owned by the Association, and
such other services for the Common Area as the Board deems to be
in the best Interests of the Association and its Members.
Eenr,q. The Association shall maintain, repair and replace a five foot
5) high cedar fence along the eastern lot line of the Property
abutting Orchard Beach Road, except that portion of the Property
along Lot 96, as indicated on the Subdivision Plat. Notwithstanding
the foregoing, an Owner shall have the right, upon prior written
approval of the Association and the issuance of a building permit by
the City, to install a gate of identical material, style and color In that
portion of the aforesaid fence along said Owner's Lot. Such
installation shall be at the sole cost and expense of the Owner of
said Lot.
I endscape Plan_ The Association shall maintain, repair, replace and
manage the landscaping located within the Property in accordance
with the Landscaping Plan, which is attached hereto and made a
part hereof as Exhibit"D".
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ARIIGI.A
RIGHTS OF FIRST MORTGA F S
8.1. In addition to all other rights of first mortgagees pursuant to this Declaration,
and notwithstanding any other provisions herein to the contrary:
Unless at least fifty-one (51) percent of the first mortgagees (based upon one vote
for each first mortgage owned) of individual Lots (hereinafter referred to as "First
Mortgagees") have given their prior written approval, the Association shall not be entitled
to:
a. By act or omission seek to abandon, partition, subdivide, encumber,
sell or transfer any real estate or improvement thereon which are
owned, directly or indirectly, by the Association for the benefit of the
Lots and the Owners. The granting of easements for public utilities
or for other purposes consistent with the Intended use of such
property by the Association shall not, for purposes of the foregoing,
be deemed to be a transfer.
b. Change the method of determining the obligations, assessments,
dues, reserves for maintenance, repair and replacement of Common
Areas, or other charges which may be levied against a Lot and the
Owner thereof as provided in Article 6, subject, however, to the
provisions in Paragraph 8.5 hereof.
C. By act or omission waive, abandon or materially change any scheme
or regulations or enforcement thereof pertaining to the architectural
design or the exterior appearance of any dwelling or garage on a Lot,
the exterior maintenance of any such dwelling or garage, the
maintenance of common fences and driveways,If-any, or the upkeep
of lawns and plantings on the Property.
d. Fail to maintain fire and extended coverage insurance on the
insurable improvements in the Common Area in an amount not less
than one hundred percent (100%) of the full insurable replacement
cost.
e. Use hazard insurance proceeds for losses to any improvements to
the Common Area for other than the repair, replacement or
reconstruction of such improvements.
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f.Change the responsibility for maintenance and repairs of the
Common Area and/or Lots thereof as provided in Article 7.
g. Change the interests in the Common Area or rights to their use.
h. Change the voting rights of any Member of the Association..
i.Impose any restrictions on a .Lot Owner's right to sell or transfer his
or her Lot.
j.By act or omission, seek to terminate the legal status of the
Association after substantial destruction or condemnation.
8.2. First Mortgagees shall have the right to examine the books and records of
the Association at reasonable times upon reasonable notice.
6.3. First Mortgagees may,jointly or singly, pay taxes or other charges which are
in default and which may or have become a charge against the Common Area and may
pay overdue premiums on hazard insurance policies or secure new hazard insurance
coverage on the lapse of a policy for the Common Area and First Mortgagees making
such payments shall be owed immediate reimbursement therefore from the Association.
8.4. Any First Mortgagee, at its written request, shall be entitled to written notice
from the Board of any default by the mortgagor of such Lot in the performance of such
mortgagor's obligations hereunder or under the By-Laws or rules and regulations of the
Association which is not cured within thirty(30)days.
8.5. First Mortgagees are entitled to timely written notice, if requested in writing
of:
a. Any condemnation or casualty loss that affects either a material
portion of the project or the lot securing its mortgage;
b. Any 60-day delinquency in the payment of assessments or charges
owed by the Owner of any Lot on which it holds the mortgage;
C. A lapse, cancellation, or material modification of any insurance policy
or fidelity bond maintained by the owners'association; and
d. Any proposed action that requires the consent of a specified
percentage or eligible mortgage holders.
The request must include the Owners' Association, stating both its name and
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address and the Lot address of the Lot it has a mortgage on.
This Article S may be amended only with the written consent of seventy-five (75%)
of the First Mortgagees(based upon one vote for each first mortgage owned).
ARTICLE Q
DEV1cFS nF.R1rNFl1 FOR THE AIR RFGFpTION QF TELEVISION
EROAI5GAST Sir;NALS.
In compliance with Section 207 of the Telecommunications Act of 1996, and the
rules and regulations promulgated thereby, devices designed for over-the-air reception of
television broadcast signals, multichannel multipoint distribution services or direct
broadcast satellite services (collectively "Dishes") which promote a viewer's ability to
receive video programming services, shall be permitted and may be affixed to or placed
Upon the exterior walls or roof of any dwelling, garage or other improvement on a Lot;
provided, however, Dishes shall be placed, to the extent feasible, in locations that are not
visible from any street, provided, that this placement permits reception of any acceptable
qualify signal. The location of the Dishes shall be subject to the prior written approval of
the Association. In addition, the size of the Dishes shall not exceed twenty four (24)
Inches in diameter. Any and all Dishes permitted pursuant to this Section shall be
installed in full compliance with all health, safety, fire and electrical codes, rules,
regulations, ordinances, statutes and laws of the Federal Government, State of Illinois,
McHenry County, the City and the Association(collectively"Health and Safety Laws"). All
Dishes installed shall be properly grounded and installed in full compliance with all
installation requirements of the manufacturer and all Health and Safety Laws. No Dishes
shall be installed within the close proximity of any power lines. All Dishes installed, to the
extent feasible, shall be painted or of such color so that the Dish blends into the
background against which it is mounted, provided, however, said painting requirement
does not prohibit or unreasonably interfere with the reception or signal received by the
viewer. Notwithstanding anything contained herein to the contrary, the installation of any
Dish shall be at the Owner's sole risk and sole cost and expense and, in the event the
installation of any Dish causes any damage or destruction to any dwelling or other
improvement installed by Developer or any Lot or voids or impairs any warranty which
runs for the benefit of the Developer, other Lot Owners or the Association, the Owner
installing and owning aid Dish shall be liable and responsible for and shall pay for any and
all costs, expenses, fees and damages and repair any and all damage or destruction
created thereby, including reasonable attomeys' fees and court costs. No Dish shall be
affixed to, installed or placed upon the Common Area except upon the prior written
consent of the Developer, not to be unreasonably withheld, and shall only be installed,
affixed or placed upon the Common Area in conjunction with the Association's duly
adopted rules and regulations. Notwithstanding anything contained herein to the
contrary, any Owner installing and affixing any Dish to a Lot, improvement, dwelling or the
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1
i
Common Area hereby agrees to and shall indemnify, defend and hold Developer and the
Association harmless from and against any and all costs, expenses, suits, damages,
destruction to any real property or any person, including attorneys' fees and court costs,
caused by, either directly or indirectly, the installation, affixing and maintaining, whether
by said Owner or a third party contractor, of a Dish pursuant to this Declaration. This
Article 9 shall be binding upon and inure to the benefit of each Owner and his/her heirs,
successors and assigns and shall be effective upon recordation in the Office of the
McHenry County Recorder of Deeds.
ARTICLE 10
LF SE QF LOTS
1
Any lease agreement between an Owner and a lessee shall be in writing and shall
provide that the terms of such lease are subject in all respects to the provisions of this
Declaration, the Articles of Incorporation, By-Laws and rules and regulations of the
Association, and that failure by the lessee to comply with the terms of such documents
shall be a default under the lease. To verify this, a Rider,which can be obtained from the
Board, must be signed and attached to every lease and returned to the Board.
Notwithstanding, no lease is to be less than thirty (30) days. Other than the foregoing,
there is no restriction on the right of any Owner, including Declarant or Developer, to
lease any Lot It owns.
ARTICLE 11
GENERAL EEMISIONS
11.1. FnforcerrL, . In addition to all other rights herein granted to the
Association, the Association may enforce the provisions of this Declaration, the Articles of
Incorporation, By-Laws and rules and regulations of the Association by any proceeding at
law or in equity against any person or persons violating or attempting to violate any such
provisions. All rights and remedies may be exercised at any time and from time to time,
cumulatively or otherwise, and failure of the Association to enforce any such provisions
shall in no way be deemed a waiver of the right to do so thereafter. All expenses incurred
by the Association in connection with any such proceedings, including court costs and
attorneys' fees, together with interest thereon at the highest interest permitted by law,
shall be charged to and assessed against any Owner violating any such provisions and
shall be added to and deemed a part of his assessment and constitute a lien on his Lot
and be enforceable as provided in Article 6. If any Owner, or his guests, violates any
provisions of this Declaration, the Articles of Incorporation, the By-Laws, or the rules and
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regulations of the Association, the Board may, after affording the Owner an opportunity to
be heard, levy a reasonable fine against such Owner,and such fine shall be added to and
deemed a part of his assessment and constitute a lien on his Lot and be enforceable as
provided in Article 6.
In the event the Association fails to maintain the Common Areas or other areas or
items the Association is required to maintain in accordance with the terms and conditions
of this Declaration, the City of McHenry shall have the right, but not the obligation, to
enforce the terms and conditions of this Declaration. Any and all costs incurred by the
City of McHenry relating to the enforcement of this Declaration shall be reimbursed to the
City of McHenry upon written request to the Association.
11.2. Severability. Invalidation of any provision of this Declaration by judgment or
court order shall not affect any other provision hereof, all of which shall remain in full force
and effect.
11.3. Tile in Lan yt. In the event title to any Lot is conveyed to a title-holding
trust under the terms of which all powers of management, operation and control of the Lot
remain vested in the trust beneficiary or beneficiaries, then the beneficiary or beneficiaries
thereunder from time to time shall be responsible for payment of all obligations, liens or
indebtedness and for the performance of all agreements, covenants and undertakings
chargeable or created under this Declaration against such Lot. No claim shall be made
against any such title-holding trustee personally for payment of any lien or obligation
hereunder created and the trustee shall not be obligated to sequester funds or trust
property to apply in whole or in part against such lien or obligation. The amount of such
lien or obligation shall continue to be a charge or lien upon the Lot and the beneficiaries
of such trust, notwithstanding any transfer of the beneficial interest of any such trust or
any transfers of title of such Lot.
11.4. Amendments. The provisions of Article 5 and Paragraph 6.1, and this
paragraph may be amended only by an instrument in writing setting forth such
amendment signed and acknowledged by all Owners. Subject to Article 8, the remaining
provisions of this Declaration may be amended by an instrument In writing setting forth
such amendment signed and acknowledged by the voting Members having at least fifty-
one (51%) percent of the total votes of the Members or that is approved at a duly called
and held general or special meeting of Members by the affirmative vote, either in person
or by proxy, of the voting Members having a majority of the total votes of the Members
and containing a certification by an officer of the Association that said instrument was duly
approved as aforesaid. No amendment shall be effective until duly recorded in the Office
of the Recorder of Deeds of McHenry County, Illinois. This Declaration may not be
amended or modified without the prior written consent of the City, which consent shall not
be unreasonably withheld.
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11.5. Swrial Amandmon . Dedarant reserves the right and power to record a
special amendment ("Special Amendment") to this Declaration at any time and from time
to time which amends this Declaration (1) to comply with requirements of the Federal
National Mortgage Association, the Government National Mortgage Association, the
Federal Home Loan Mortgage Corporation, the Department of Housing and Urban
Development, the Federal Housing Association, the Veteran's Administration, or any
other governmental agency or any other public, quasi-public or private entity which
performs (or may in the future perform)functions similar to those currently performed by
such entities, (ii) to induce any of such agencies or entities to make, purchase, sell,
insure, or guarantee first mortgages encumbering any Lot, or (iii) to correct clerical or
typographical errors in this Declaration or any Exhibit hereto or any supplement or
amendment thereto. In addition, a Special Amendment shall also be deemed to include,
until the Turnover Date, such amendment to this Declaration as Declarant elect to record
at any time and from time to time for any other purpose, so long as such amendment will
not materially impair the rights of the Owners hereunder or materially increase the
expenses to be borne by them hereunder. In furtherance of the foregoing, a power
coupled with an interest is hereby reserved and granted to the Declarant to vote in favor
of, make, or consent to a Special Amendment on behalf of each Owner as proxy or
attomey-in-fact, as the case may be. Each deed, mortgage, trust deed, other evidence of
obligation, or other instrument affecting a Lot and the acceptance thereof shall be
deemed to be a grant and acknowledgment of, and a consent to the reservations of, the
power to the Declarant to vote in favor of, make, execute and record Special
Amendments.
11.6 tidings. All headings set forth herein are intended for convenience only
and shall not be given or construed to have any substantive effect on the provisions of
this Declaration. The singular shall include the plural wherever the Declaration so
requires, and the masculine the feminine and neuter and vice versa.
11.7 Assignment by Davalopgr/Dgclarant. Notwithstanding anything herein to
the contrary, Declarant and/or Developer reserve(s)the right to transfer, assign, mortgage
or pledge any and all of either respective privileges, rights, title and interests hereunder,
or in the Property, by means of recording an assignment of such with the Office of the
Recorder of Deeds of McHenry County, Illinois. Upon such assignment, Declarant and/or
Developer, as the case may be, shall be relieved from any liability arising from the
performance or non-performance of such rights and obligations accruing from and after
the recording of such assignment. No such successor assignee of the rights of Declarant
and/or Developer shall have or incur any liability for the obligations or acts of any
predecessor in interest.
11.8 MailiElij Address, Each Owner of a Lot shall file the correct mailing address
of such Owner with the Association and shall notify the Association promptly in writing of
any subsequent change of address; provided, however, that if any Owner shall fail to so
25-
03 -- 025 - 1237
notify the Association, the mailing address for such Owner shall be the common street
address of the Lot owned by such Owner. The Association shall maintain a file of such
addresses. A written or printed notice, deposited in the United States mails, postage
prepaid, and addressed to any Owner at the last address filed by such Owner with
Declarant shall be sufficient and proper notice to such Owner shall be deemed delivered
on the third (3rd)day after deposit in the United States mails.
11.9 Notions. Any notice required or desired to be given under the provisions of
this Declaration to any Owner shall be deemed to have been properly delivered when
deposited in the United States mail, postage prepaid, directed to the person who appears
as the Owner at his last known address,all as shown on the records of the Association at
the time of such mailing.
11.10 Binding Effect. Except for matters discussed in Article 8 of this Declaration,
the easements created by this Declaration shall be of perpetual duration unless cancelled
in a written document signed by ninety percent(90%) of the Owners. The covenants and
restrictions of this Declaration shall run with and bind the land, and shall inure to the
benefit of and be enforceable by the Association or the Owner of any Lot subject to this
Declaration, their respective legal representatives, heirs, successors and assigns.
ARTICLE 12
COMMON INTEREST COMMUNITY
The Association shall act and operate as a Common Interest Community as
defined in Chapter 735 ILCS 519-102, Illinois Compiled Statutes, , as from time to time
amended. The Declaration and By-laws shall be deemed to be amended as necessary to
comply with any statute relating to Common Interest Communities, and the Developer or
Board may record such documents as are necessary to effect this compliance.
SIGNATURE APPEARS ON NEXT PAGE]
26-
03 - 025 - 1 238
i
IN WITNESS WHEREOF, Declarant has executed this Declaration as of the date
and year first above mentioned.
KENNEDY HOMES LIMITED PARTNERSHIP,
an Illinois limited partnership
By: Kennedy Construction, Inc.
Its: General Partner
By:
Name:
Its:
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03 - 025 -- 1239
STATE OF ILLINOIS
SS'
COUNTY OF KANE
a notary public in and for said Co sty, In the
State foresaid, DO HEREBY CERTIFY that l>>
c. zdlal-of KENNEDY CONSTRUCTION, INC., asp eneral Partn of Kennedy
Homes Limited Partnership, personally known to me to be the same person whose name
is subscribed to the foregoing Declaration of Covenants, Conditions, Easements and
Restrictions for Riverside Hollow Homeowners Association, appeared before me this day
in person and acknowledged that he/she signed, sealed and delivered the said
Declaration, on behalf of the corporation and as his/her free and voluntary act, for the
uses and purposes therein set forth.
GIVEN under my hand and seal, this ,5 day of 200
21
Notary Public
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o3 - 025 - 1240
EXHIRIT "A"
LEGAL DESCRIPTION
Riverside Hollow
McHenry, IL
OF PART OF THE SOUTHWEST QUARTER OF SECTION 24 AND OF PART OF THE
NORTHWEST QUARTER OF SECTION 25. ALL IN TOWNSHIP 45 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS,
RECORDED AS DOCUMENT NUMBER 2002R0069589.
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03 - 025 - 1241
EXHIRIT"B"
SUBDIVISION PLAT)
RECORDED WITH THE RECORDER OF DEEDS
OF MCHENRY COUNTY, ILLINOIS AS DOCUMENT
NUMBER; 2002R0069589
2003R (easements)
03 - 025 - 1242
FXHIRIJ "C"
RY.1,AWR OF THE
RIVERSIDE HOLLOW HOMEOWNERS AS O IATION
ARTICLE
NAME AND LOCATIQN
The name of the not-for-profit corporation is Riverside Hollow Homeowners
Association ("Association"). The principal office of the Association shall be located at
E. Dundee, Illinois, but meetings of members and directors may be held at such places
within the State of Illinois, County of McHenry as may be designated by the Board of
Directors ("Board").
ARTICLE II
BOARD OF MANAGFRS
Section 1_ Administration of Prow Pitt Election of Initial Board of
Managflm. Until the election of the initial Board of Managers, the same rights, titles,
powers, privileges, trusts, duties and obligations vested in or imposed upon the Board
of Managers by law and in the Declaration and By-Laws shall be held and performed by
the Declarant. The election of the initial Board of Managers shall be held thirty (30)
days after the occurrence of one of the following events:
a) Twenty (20) years from the date of the Declaration;
b) The sale and conveyance of legal title to all of the lots to owners other
than Declarant or an assignee of Declarant; or
c) Declarant elects voluntarily to turn over to the members the authority to
appoint a Board. Within sixty (60) days following the election of a majority of the Board
of Managers other than the Declarant, the Declarant shall deliver to the Board of
Managers:
Within sixty (60) days following the election of a majority of the Board of
Managers other than the Declarant, the Declarant shall deliver to the Board of
Managers:
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03 - 025 - 1243
1) All original documents pertaining to the Property (as defined in the
Declaration) and its administration such as the Declaration, By-
Laws, Articles of Incorporation, minutes and any rules or
regulations governing the Property.
2) A detailed accounting by the Declarant, setting forth the source and
nature of receipts and expenditures in connection with the
management, maintenance and operation of the Association;
3) Association funds, which shall have been at all times segregated
from any other monies of the Declarant;
4) A schedule of all personal Property, equipment and fixtures
belonging to the Association, including documents transferring the
Property;
5) Any contracts, leases, or other agreements made prior to the
election of a majority of the Board of Managers other than the
Declarant by or on behalf of Lot Owners.
Section 2. Hoard of Managers (board of Directors)_
a) The Board of Directors, also known as the Board of Managers, shall
consist of three (3) persons who shall be appointed or elected in the manner herein
provided, or such greater number as may be determined by Board resolution. Each
member of the Board shall be a Lot Owner and shall reside on the Property, provided,
however, that in the event a Lot Owner is a corporation, partnership, trust or other legal
entity other than a natural person or persons, then any officer, director or other
designated agent of such corporation, partner of such partnership, beneficiary or other
designated agent of such trust or manager of such other legal entity, shall be eligible to
serve as a member of the Board, provided such person must reside on the Property
unless he is a Board member nominated by the Declarant.
b) At the initial meeting, the Voting Members shall elect three (3) Board
Members. In all elections for members of the Board, each Voting Member shall be
entitled to cumulate his votes in the manner provided by law and the candidates
receiving the highest-number of votes with respect to the number of offices to be filled
shall be-deemed to be elected. Members of the Board elected at the initial meeting
shall serve until the first annual meeting. The two (2) persons receiving the highest
number of votes at the first annual meeting shall be elected to the Board for a term of
two (2) years and the person receiving the next highest number of votes shall be
elected to the Board for a term of one (1) year. In the event of a tie vote, the members
3-
03 - 025 - 1244
of the Board shall determine which members shall have the two (2) year terms and
which members shall have the one (1) year term. Upon the expiration of the terms of
office of the Board members so elected at the first annual meeting and thereafter,
successors shall be elected for a term of two (2) years each, provided, however, Board
members may succeed themselves. Members of the Board shall receive no
compensation for their services, unless expressly authorized by the Board with the
approval of Voting Members having two-thirds (213) of the total votes. Vacancies in the
Board, including vacancies due to any increase in the number of persons on the Board,
shall be filled by the Voting Members present at the next annual meeting or at a special
meeting of the Voting Members called for such purpose. Except as otherwise provided
in the Declaration, the Property shall be managed by the Board and the Board shall act
by majority vote of those present (at its meetings at which a quorum exists.] A majority
of the total number of the members of the Board shall constitute a quorum. Meetings of
the Board may'be called, held and conducted in accordance with such resolutions as
the Board may from time to time adopt.
e .tian 3. Officers. The Board shall elect from among its members a President
who shall preside over both its meetings and those of the Voting Members, and who
shall be the chief executive officer of the Board and the Association and who shall
execute amendments to the Declaration and By-Laws; a Secretary who shall keep the
minutes of all meetings of the Board and of the Voting Members, who shall mail and
receive all notices, and who shall, in general, perform all the duties incident to the office
of Secretary; a Treasurer to keep the financial records and books of account, and such
additional officers as the Board shall see fit to elect. Provided, however, no officer shall
be elected for a term of more than two (2) years. However, any officer may succeed
himself in any office.
Section 4. Removal. Any Board member may be removed from office by
affirmative vote of the Voting Members having at least two-thirds (2/3) of the total votes,
at any special meeting called for that purpose. A successor to fill the unexpired term of
a Board member removed nay be elected by the Voting Members at the same meeting
or any subsequent annual meeting or special meeting called for that purpose, such
meeting to be held within thirty (30) days after the special meeting which removed the
Board-member.
Seetinn 5. MAn ings. The Board shall meet at least four(4) times annually, on
the first Monday of February, May, August and November and at such other times as
the Board deems necessary. Meetings of the Board shall be open to any Lot Owner,
notice of any such meeting shall be received at least forty-eight (48) hours prior thereto,
unless a written waiver of such notice is signed by the person or persons entitled to
such notice.
Section L General Powers of the Board. In addition to the duties and powers
4-
03 - 025 - 1245
inherently charged to and possessed by the Association as an Illinois not-for-profit
corporation and the duties and powers enumerated herein and in its Articles of
Incorporation and Declaration, or elsewhere provided for, and without limiting the
generality of the same, the Association shall have the following duties and powers:
a) preparation, adoption and distribution of the annual budget for the
Property;
b) levying of assessments;
c) collection of assessments from members;
d) owning, conveying, encumbering, leasing and otherwise dealing with Lots
conveyed to or purchased by it;
e) keeping of detailed, accurate records of the receipts and expenditures
affecting the use and operation of the Property;
f) to have access to each Lot from time to time as may be necessary for the
maintenance, repair or replacement of the Common Area therein or accessible
therefrom, or for making emergency repairs therein necessary to prevent damage to the
Common Area or to other Lot or Lots;
g) to pay any amount necessary to discharge any mechanic's lien or other
encumbrance against the Property or any part thereof which may in the opinion of the
Board constitute a lien against the Property or against the Common Area, rather than.
merely against the interests therein of particular Lot Owners. Where one or more Lot
Owners are responsible for the existence of such lien, they shall be jointly and severally
liable for the cost of discharging it and any costs incurred (including attorneys fees, if
any) by the Board by reason of said lien or liens shall be specially assessed to said Lot
owner or Lot Owners;
h) to maintain and repair any Lot if such maintenance or repair is necessary,
in the discretion of the Board, to protect the Common Area or any other portion of the
Property, and a Lot owner of any Lot that has failed or refused to perform said
maintenance or repair within a reasonable time after written notice of the necessity of
said maintenance or repair mailed or delivered by the Board to said Lot Owner,
provided that the Board shall levy a special assessment against such Lot Owner for the
cost of said maintenance or repair;
i) The Board shall have the power to seek relief from or in connection with
the assessment or levy of any general real estate taxes, special assessments and any
other special taxes or charges of the State of Illinois or any political subdivision thereof,
5-
03 - 025 - 1246
or any other lawful assessing body, which are authorized by law to be assessed and
levied on the Common Area and to charge all expenses incurred in connection
therewith to the Association.
0) the Board's powers hereinabove enumerated and described in the
Declaration, shall be limited in that the Board shall have no authority to acquire and pay
for any structural alterations, additions to, or improvements of the Lots requiring an
expenditure in excess of Five Thousand Dollars ($5,000.00), without in each case the
prior approval of Voting Members having two-thirds (2/3) of the total votes;
k) all agreements, contracts, deeds, leases, vouchers for payment of
expenditures and other instruments shall be signed by such officer or officers, agent or
agents of the Board and in such manner as from time to time shall be determined by
written resolution of the Board. In the absence of such determination by the Board,
such documents shall be signed by the Treasurer and countersigned by the President
of the Board;
1) the Board may adopt such reasonable rules and regulations, not
inconsistent herewith, as it may deem advisable for the maintenance, administration,
management, operation, use, conservation and beautification of the Property, and for
the health, comfort, safety and general welfare of the Lot Owners and occupants of the
Property. Written notice of such rules and regulations shall be given to all Lot Owners
and Occupants and the Property shall at all times be maintained subject to such rules
and regulations;
m) the Board may engage the services of an agent to manage the Property to
the extent deemed advisable by the Board;
n) nothing hereinabove contained shall be construed to give the Board,
Association, or Lot Owners authority to conduct an active business for profit on behalf
of all the Lot Owners or any one of them;
ARTICLE III
C OMM ITTFFS
Section 1. The Board, by resolution adopted by a majority of the Board, may
designate one (1) or more committees, each of which shall consist of one (1) or more
members of the Board; said committees, to the extent consistent with law and as
provided in said resolution, shall have and exercise the authority of the Board in the
management of the Association; but the designation of such committees and the
delegation thereof of authority shall not operate to relieve the Board, or any individual
6-
03 ~- 025 - 1 247
member of the Board, of any responsibility imposed upon it or him by law.
Section 2. Other committees not having and exercising the authority of the Board
in the management of the Association may be designated by a resolution adopted by a
majority of the members of the Board present at a meeting at which a quorum is
present. Except as otherwise provided in such resolution, members of each such
committee shall be Lot owners, and the President of the Association, shall appoint the
members thereof. Any member thereof may be removed whenever in the judgment of
the Board the best interests of the Association shall be served by such removal.
Section 3. Each member of a committee shall continue as such until the next
annual meeting of the Board or until his successor is appointed and sholi have qualified
or until the Board shall relieve him from his role as a committee member, unless the
committee shall be sooner terminated, or unless such member shall cease to qualify as
a member thereof.
Section 4. One (1) member of each committee shall be appointed chairman.
Section 5. Vacancies in the membership of any committee may be filled by
appointment made in the same manner as provided in the case of the original
appointment.
S Fm1inn 6. Unless otherwise provided in the resolution of the Board designating a
committee, a majority of the whole committee shall constitute a quorum and the act of a
majority of the members present at a meeting at which a quorum is present shall be the
act of the committee.
Section 7. Each committee may adopt rules for its own governance not
inconsistent with these By-Laws or with rules adopted by the Board.
AELTICLE IV
MEMBERSHIP P MEETINGS
tin 1. Meetings of the Lot Owners shall be held at the principal office of
the Association or at such other place in the City of McHenry, Ilinois as may be
designated in any notice of a Meeting, any Lot owners in writing may waive notice of a
meeting or consent to any action of the Association without a Meeting.
Section Special Meetings of the Lot Owners may be called at any time for
the purpose of considering matters which, by the terms of the Declaration or these By-
Laws, require the approval of all, or some of the Lot Owners, or for any other
7-
03 - 025 - 1248
reasonable purpose. Said Meetings shall be called by written notice, authorized by a
majority of the Board or by the Lot Owners having one-fourth (1/4) of the total votes,
and delivered not less than five (5) days prior to the date fixed for said Meeting. The
Notices shall specify the date, time and place of the Meeting and the matters to be
considered.
Section 3. At any Meeting of the Lot Owners, a Lot Owner entitled to vote may
either vote in person or by proxy executed in writing by the Member or by his duly
authorized attorney-in-fact. A proxy shall be valid after eleven (11) months from the
date of its execution unless otherwise provided in the proxy.
ARTICLE V
HOOKS AbID F3FORDS
The books, records and papers of the Association shall at all times, during
reasonable business hours, be subject to inspection by any Lot owner and their
mortgagees. The Articles and the Declaration and By-Laws of the Association shall be
available for inspection by any Lot Owner at the principal office of the Association,
where copies may be purchased at reasonable cost. The Association shall also
provide, upon written request by any holder, insurer or guarantor of any first mortgage
that is secured by a Lot within the Property, a copy of an audited financial statement for
the preceding fiscal year.
ARTIGLF Vl
AMENDMENTS
These By-Laws may be amended or modified from time to time by action or
approval of the Lot Owners entitled to cast two-thirds (2/3) of the total votes computed
as provided in Section 4.2 of the Declaration. Such Amendments shall be recorded in
the Office of the Recorder of Deeds of McHenry County, Illinois.
e-
03 - 025 - 1249
I
TAEI .IEVII
INTERPRETATION
In the case of any conflict between the Articles of Incorporation of the
Association and these By-Laws, the Articles of Incorporation shall control; and in the
case of any conflict between the Declaration and these By-Laws, the Declaration shall
control.
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Office of Finance &Accounting
Carolyn Lynch, Director
w McHenry Municipal Center
333 Green Street
McHenry, Illinois 60050
McHenr
Phone: (815) 363-2100
Fax: (815) 363-2119
www.ci.mchenry.il.us
DISCUSSION ITEM
DATE: November 4, 2019
TO:Mayor and City Council
FROM: Carolyn Lynch, Finance Director
RE:2019 Tax Levy Discussion
ATT: PTELL Calculation
2018 McHenry County Tax Rates
AGENDA ITEM SUMMARY:
The purpose of this agenda item is to discuss the 2019 Property Tax Levy and to provide City Staff
guidance on the levy amount to be requested.
BACKGROUND/ANALYSIS:
Approximately 76.2% of the FY19/20 budgeted General Fund Revenues are derived from Sales
Tax, Income Tax and Property Tax receipts with the remaining approximate 23.8% coming from
such sources as miscellaneous other intergovernmental taxes,grants,franchise fees, licenses and
permits, fines and forfeitures, and charges for services. For the FY19/20 Budget, Property Tax
receipts comprised 20.5% ($4,942,359) of the total budgeted revenues ($24,060,427).
As the Council is aware, McHenry has implemented a Fund Balance and Reserve Policy and for
the General Fund, this policy recommends that the unrestricted fund balance be maintained at
120 days of estimated operating expenses. Additionally, after the minimum fund balance is met,
that excess fund balance should be assigned for future capital expenses. At the end of
FY2018/19, there were $0 additional funds to be transferred to the Capital Improvements Fund
as excess fund balance. In fact, the fund balance is actually $385,383 below the required 120
minimum, but not below the 90 day balance that requires a plan to be enacted to build up the
fund balance.
As the Council discusses the property tax levy, it should keep the following factors in mind. First,
that the FY19/20 General Fund Capital Improvement Program (CIP) includes about$64 million in
projects (including an approximately $50 million local road program) that rely primarily on
General Fund Revenues for implementation. The 5 Year Capital Improvement Plan is in the early
development phase and funding for the program will be based on budgeted revenues over
expenses for FY20/21. The Capital Improvements Fund Balance has been depleted with projects
to be completed in FY19/20.
The second factor is that, that despite the most conservative budgeting efforts, General Fund
operating costs will continue to increase. For example, Police Pension contributions are
estimated to increase $149,318, and overall salary increases are estimated to increase $466,271
for FY20/21, a total of $615,589 which represents a 2.5% increase in FY19/20 Budgeted
Expenditures of$24,543,633.
The Council did approve the additional 0.25% increase in Home Rule Sales Tax which is in effect
as of July 1, 2019. This revenue is being reserved for capital projects for at least the first year.
The first payment was received and it is approximately$94,500 higher than last July (received in
October). This is a good sign that the City will bring in an additional $1,000,000 each year from
this revenue source to be used on capital projects.
Despite the fact that as a "Home Rule" community the City of McHenry is no longer subject to
the Property Tax Extension Limitation Law,or PTELL-which limits increases to residents' property
taxes by preventing a local government's property tax levy from growing at a faster pace than
the rate of inflation, or 5%, whichever is less -the City has continued to follow PTELL guidelines
for establishing the property tax levy. In fact, for the years 2011-2015 the City chose to maintain
a flat property tax levy request at the amount that was requested in 2010. In 2016, Council chose
to decrease the property tax levy request by 3%. And in 2017-2018 the levy was again maintained
flat from the 2016 reduced amount.
For the 2019 tax year the inflationary rate is 1.9%. The Estimated Rate Setting EAV supplied by
McHenry County is 708,626,214(an increase of 7.4%over 2018)which includes new construction
of 3,376,264. PTELL calculated with the inflationary rate and the estimated EAV equates to an
Estimated Limited Extension of$4,729,088, or an $110,302 increase over last year. Even if the
City were to adopt this increase, it would not come close to covering the anticipated increases in
costs for FY20/21.
Based on the above information, it is important to remind the Council that freezing or reducing
the City's portion of the property tax levy does not mean that home-owners will see a reduction
in their property tax bill. Change in EAV also drives change in the property tax bill. When the
EAV declines the tax rates must go up in order to fully fund the property tax levy because the
same amount of money needs to be collected across the new lower values as requested by all
taxing districts. For 2018, the EAV increased for the third consecutive year so the tax rates for
the City went down slightly lowering the burden on taxpayers. In fact, in 2018 that portion of a
resident's tax bill directed to the City of McHenry was only 6.1% of the total amount. However,
this does not take into consideration actions taken by the other taxing jurisdictions that comprise
the total property tax bill. As an example, in 2015 the City of McHenry kept its portion of the
property tax bill the same as 2014, but the amount of property tax paid by the owner of a
200,000 home actually increased by$43.51 due to levy increases by other taxing bodies.
Annually, prior to the end of the calendar year, the City must provide the amounts required for
the property tax levy so that the funds generated through this revenue mechanism will become
available during the 2020/2021 fiscal year. The levy request must be approved by the City Council
and submitted to the McHenry County Clerk by the last Tuesday in December (the 31s' in 2019).
There are public notification timeframes also associated with this process. With this date as a
target, the 2019 Property Tax Resolution indicating the levy amount and Public Hearing will be
presented at the November 18t", 2019 Council meeting and, upon adoption of the resolution,
the Property Tax Levy Public Hearing and consideration/adoption of the levy amount is scheduled
for the December 16, 2019 City Council meeting.
Property Tax Discussion
Estimated PTELL calculation attached
o CPI-U All Urban Consumers,All Items is 1.9%(December 2017-December 2018) (used
for establishing PTELL)
The CPI-U All Urban Chicago, Gary, Kenosha is 1.1%(which we use for salary
increases)
o Estimated Limited Extension is$4,729,088 which is$110,302 higher than our 2018
extension
After all audit adjustments have been made the 4/30/2019 General Fund Fund Balance is
7,254,970
o The required ending fund balance per the Fund Balance and Reserve Policy is
7,640,353 (short$385,383)
5 Year Capital Improvement Plan is in the early development phase if during the budget process
there are budgeted revenues over expenses capital items will be identified.
Projected Salary Increases (Benefits not included)
o General Fund Local 150$63,445
o FOP-1 $140,140
o PD Command Staff$39,353
o FOP-II $71,711
o General Fund Non-Bargaining Unit Employees(Compensation Study 25%
percentile/estimated 3%increase)$151,622
o Total Salary Increases$466,271
Police Pension Funding—$2,231,742 for FY2020/21 which is levied through property taxes
o $149,318 higher than FY19/20
Revenues
o First 3 months of Sales Tax Receipts for FY19/20 are up 1.5%
o First month of Home Rule Sales Tax Rate at 0.75%was collected and is$94,500 higher
than July of 2019.
o First 3 months of Use Tax Receipts for FY19/20 are up 14%
o Total FY18/19 Sales and Use Taxes were$9,768,862 (which is about a 1.3% increase
over the 17/18 total of$9,647,977)
o First 5 months of Income Tax Receipts for FY19/20 are up 5.6%
City of McHenry
2018 Property Taxes on $200,000 Home
By Government Unit
2018 Tax Percent
Government Unit Rate Amount of Total
McHenry County 0.831721 554.48 7.26%
McHenry Co. Conservation 0.237971 158.65 2.08%
MCC College District 0.365514 243.68 3.19%
School Dist. #15 5.432629 3621.75 47.40%
School Dist.#156 2.643308 1762.21 23.07%
McHenry Fire District 0.551940 367.96 4.82%
McHenry Library 0.316629 211.09 2.76%
McHenry Twnshp. 0.122123 81.42 1.07%
McHenry Twnshp. Rd. & Br. 0.258223 172.15 2.25%
McHenry City 0.699985 466.66
11.460043 $7,640.05 100.00%
City of McHenry -PTELL(1.9% Increase)
2019 Property Taxes on $200,000 Home
By Government Unit
2018 Tax Percent
Government Unit Rate Amount of Total
McHenry County 0.831721 554.48 7.28%
McHenry Co. Conservation 0.237971 158.65 2.08%
MCC College District 0.365514 243.68 3.20%
School Dist.#15 5.432629 3621.75 47.54%
School Dist.#156 2.643308 1762.21 23.13%
McHenry Fire District 0.551940 367.96 4.83%
McHenry Library 0.316629 211.09 2.77%
McHenry Twnshp. 0.122123 81.42 1.07%
McHenry Twnshp. Rd. & Br. 0.258223 172.15 2.26%
McHenry City 0.667400 444.93
11.427458 $7,618.32 100.00%
City Decrease -1.9%21.73
Property Tax Limitation Worksheet
2019 Tax Year Estimate
Levied in 2019 -Collected in 2020
Proj EAV 708,626,214
Prior EAV 624,662,787 13.4%
Inflation Factor 1.9% From www.bls.gov/cpi/cpi/#tables: CPI Detail Report
Prior EAV Disconnected = Adjusted Prior EAV
624,662,787 0 624,662,787
Adjusted Prior Adjusted
Extension X Prior EAV / Prior EAV)) X Limit Numerator
4,618,786 624,662,787 624,662,787 1.019 4,706,543
Current Current Current
EAV Annexed In) - New Property X State Multi))Denominator
708,626,214 0 3,376,264 1.0000 705,249,950
Numerator Denominator) = Limiting Rate/100 Eav
4,706,543 705,249,950 0.6674
Estimated Limited Extension 4,729,088 110,302 2.4%
Actual Limited Extension
Non-Cap Amount