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HomeMy WebLinkAboutPacket - 05/02/2016 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING Monday, May 2, 2016, 7:00 PM Call to Order 2. Roll Call 3. Pledge of Allegiance led by McHenry Boy Scout Troop 131 4. City of McHenry Mission Statement 5. Public Hearing on the proposed issuance of City of McHenry Industrial Development Revenue Bonds, Series 2016A, 2016B, and 2016C for Fabrik Industries, Inc. Project in an aggregate principal amount not to exceed $10,000,000, to finance a project to be owned by K&L Equity, LLC, and Fabrik Industries, Inc. and operated by Fabrik Industries, Inc. to manufacture plastic injection molded components. 6. Motion to 1) approve an Ordinance Authorizing the Issuance of Industrial Development Revenue Bonds for Fabrik Industries, Inc. Project and Authorizing the Execution of Documents in Connection therewith; and 2) approve an Ordinance to Request Additional Volume Cap in Connection with Private Activity Bond Issue for Fabrik Industries, Inc. Project 7. Presentation of CHARACTER COUNTS! Recognition Awards 8. Presentation by the McHenry Area Chamber of Commerce 9. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public comment may be restricted to three -minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 10. Motion to approve the following Consent Agenda Items: A. Pay Application #3 to Williams Brothers Construction in the amount of $2,077,444.97 for Wastewater Treatment Plan Improvements; B. Change Order #1 for an amount not to exceed $18,078, to Keno & Sons of Lake Bluff, IL for the Fieldstone Lift Station Rehabilitation Project; C. Purchase of 2017 Peterbilt Model 348 Hook Lift Truck w/two Sludge Boxes from JZ Peterbilt of Wadsworth, IL for an amount not to exceed $287,414, through the Lake County Department of Transportation's Joint Purchasing Agreement contract; D. Waive bidding requirements and purchase a Case 821F Wheel Loader, including the trade-in of a 1990 Case 821 Wheel Loader, for an amount not to exceed $232,706.35 from McCann Industries, Inc., McHenry, IL; E. Request for Traffic Control on Kane Avenue between Center & Green Streets on May 19th, from 5- 8:00 PM to accommodate McHenry High School Graduation Ceremony at McCracken Field; F. Special use permit to Kelly Miller Circus for use of Petersen Park and one-time waiver of Municipal Code Chapter 16, Sec. 16-25 to allow overnight camping in the park September 7th — 9th; and G. Payment of Bills in the amount of $330,276.10. The City ofMcHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality ofprograms and services in a customer -oriented, efficient, and fiscally responsible manner. N McHenry City Council Agenda May 2, 2016 Page Two 11. Motion to approve an Ordinance granting a Conditional Use Permit to allow a tavern at 3515 Diamond Drive and a variance from the off-street parking and loading requirements for the Diamond Plaza Shopping Center, 3501-3525 N Richmond Road 12. Motion to approve an application for a Class Al Liquor License from Lacey's Place LLC Series McHenry d/b/a Lacey's Place located at 3515 Diamond Drive and Ordinance amending Municipal Code Chapter 4 Sec. 4-6(1) increasing the number of Class Al liquor licenses in effect from two (2) to three (3) 13. Motion to approve an Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and McHenry Donuts, Inc. relating to the property located at the southwest corner of Oak Avenue and Front Street 14. Motion to approve an Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. relating to the property located at 3017 West Route 120 (former site of Extreme Jeep) 15. Motion to approve an Ordinance granting a Conditional Use Permit to allow an assembly use for an educational institution and 3,760 square foot building alteration for McHenry Middle School located at 2120 W. Lincoln Road 16. Motion to approve an Ordinance authorizing the Mayor's execution of an Agreement to Release Hovsite Irish Prairie LLC from Letter of Credit/Bonding and other obligations arising out of an Annexation Agreement dated August 29, 2005, between Hovstone Properties Illinois LLC d/b/a Town & Country Homes and the City of McHenry 17. Mayor's Statement and Reports 18. Committee Reports 19. Staff Reports 20. Future Agenda Items 21. Adjournment The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Director of Economic Development Douglas P. Martin McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 www.ci.mchenry.il.us PUBLIC HEARING DATE: May 2, 2016 TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development RE: Conduct a Public Hearing and Consideration of the proposed issuance of City of McHenry Industrial Development Revenue Bonds, Series 2016A, 2016B, and 2016C for Fabrik Industries, Inc. Project in an aggregate principal amount not to exceed $10,000,000 ATT: Ordinances Background. In the City of McHenry's continuing efforts to promote Economic Development and Business Retention, on January 4, 2016, the City Council unanimously approved an Inducement Resolution regarding Industrial Development Revenue Bond Financing to Benefit K&L Equity, LLC and Fabrik Industries, Inc., and on February 15, 2016, the City Council unanimously approved an Ordinance Reserving Volume Cap in Connection with Private Activity Bond Issues and Related Matters. The Industrial Development Revenue Bond is a tool used for specific statutory projects. In this case, the bonds will be used by Fabrik to a) finance the acquisition and rehabilitation of the 44,000 square foot vacant building located at 1515 Miller Parkway; b) acquisition and installation of equipment at the acquired building and Fabrik's existing location at 5213 Prime Parkway; and c) a possible second phase of the expansion project. The bonds are issued through the City of McHenry. The City has no fiduciary responsibility and is merely a conduit for Fabrik to capture an interest rate reduction and exclude interest from their gross federal income. Analysis. Tonight's Public Hearing is held for the Consideration of the proposed issuance of City of McHenry Industrial Development Revenue Bonds for Fabrik Industries, Inc. Project in an aggregate principal amount not to exceed $10,000,000. Bond Counsels from Whyte Hirschboeck Dudek S.C. published notice of the Public Hearing in the Northwest Herald on April 18, 2016, and will be present for the Public Hearing. Immediately after the close of the Public Hearing, the City Council will be asked to make a motion to approve two Ordinances: 1) Ordinance Authorizing the Issuance of Industrial Development Revenue Bonds for Fabrik Industries, Inc. Project and Authorizing the Execution of Documents in Connection therewith; and 2) Ordinance to request Additional Volume Cap in Connection with Private Activity Bond Issues for Fabrik Industries, Inc. Project. RECOMMENDATION: Upon close of the Public Hearing, staff recommends consideration and action on the attached Ordinances as presented. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOI3 ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FABRIK INDUSTRIES, INC. PROJECT AND AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of McHenry, McHenry County, Illinois (the "Issuer"), is a municipality and a home rule unit of government under the Constitution and the laws of the State of Illinois; and WHEREAS, The Industrial Project Revenue Bond Act (65 ILCS 5/11-74-1 et seq.), as supplemented and amended, and as further supplemented and where necessary, superseded, by the powers of the Issuer as a home rule unit under the provisions of Section 6 of Article VII of the Illinois Constitution of 1970 (collectively, the "Act"), empowers the Issuer to issue its revenue bonds and to lend the proceeds thereof to finance projects within the meaning of the Act within the territorial limits of the Issuer that benefit its residents and authorizes the issuance of such bonds by ordinance of the Issuer; and WHEREAS, the City Council of the Issuer (the "City Council") adopted a resolution on January 4, 2016 declaring its official intent to issue industrial development revenue bonds to benefit K&L Equity, LLC, an Illinois limited liability company (including other related parties or any entity formed by it); and WHEREAS, K&L Equipment, LLC and Fabrik Industries, Inc., an Illinois corporation (collectively, the "Borrower"), desire to complete a project to be operated by Fabrik Industries, Inc. to manufacture plastic injection molded components consisting of the (i) the acquisition and rehabilitation of an existing approximately 44,000 square foot facility located at 1515 Miller Road, McHenry, Illinois (the "Acquired Facility"), (ii) the acquisition and installation of equipment at the Acquired Facility and the Borrower's existing facility located at 5213 Prime Parkway, McHenry, Illinois (the "Existing Facility"), (iii) a possible second phase of the project consisting of the construction of an addition to the Acquired Facility or the Existing Facility, and (iv) payment of costs of issuance (collectively, the "Project"), which Project is to be located within the corporate limits of the Issuer; and WHEREAS, the City Council of the Issuer held a public hearing on May 2, 2016 in compliance with the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and WHD/12578149.2 WHEREAS, in order to finance the Project, the Issuer now proposes to issue its $10,000,000 City of McHenry, McHenry County, Illinois Industrial Development Revenue Bonds, Series 20t6A, 2016B and 2016C (Fabrik Industries, Inc. Project) (the "Bonds") as hereinafter provided; and WHEREAS, the Borrower has presented the City Council of the Issuer with proposed documentation for the Bonds, as follows: (a) a Bond Agreement (the "Bond Agreement"), to be entered into by and among the Issuer, the Borrower, American Community Bank & Trust, as trustee (the "Trustee"), and American Community Bank & Trust, as original purchaser (the "Original Purchaser"), providing for the issuance, sale and terms of the Bonds; and (b) a Series A Promissory Note, Series B Promissory Note, and Series C Promissory (collectively, the "Promissory Notes"), in the aggregate principal amount equal to the aggregate principal amount of the Bonds, from the Borrower to the Issuer and assigned by the Issuer to the Trustee; and (c) a No Arbitrage Certificate (the "No Arbitrage Certificate"), by the Issuer and acknowledged by the Borrower; and WHEREAS, the City Council of the Issuer hereby finds and determines that the issuance of the Bonds for the stated purposes is necessary for the welfare of the government and affairs of the Issuer, is a proper public purpose and is in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS: Section 1. The City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct, and does incorporate them into this Ordinance by this reference. Section 2. The financing of the Project through the issuance and sale of the Bonds, as hereinafter provided, is hereby found and determined to serve the public purpose of the Issuer and is hereby authorized and approved. Section 3. In order to provide funds to finance the Project, there are hereby authorized to be issued in one or more series of industrial development revenue bonds in an aggregate principal amount not to exceed $10,000,000 and designated as the "Series 2016A Bonds," the "Series 2016B Bonds," and the "Series 2016C Bonds" by the Issuer upon the terms set forth in the Bond Agreement. The Bonds shall be subject to redemption prior to maturity at the times, under the circumstances, in the manner, at the prices, in the amounts and with the effect set forth in the Bond Agreement. 2 WHD/12578149.2 The Bonds shall be executed in the name of the Issuer by the manual or facsimile signature of the Mayor, shall be attested by the manual or facsimile signature of the City Clerk, and shall have the corporate seal of the Issuer impressed or reproduced thereon. No Bonds shall be issued unless first authenticated by the Trustee, to be evidenced by the manual signature of an authorized signatory of the Trustee on the Bonds. The Mayor and the City Clerk are hereby authorized for and in the name of the Issuer to execute the Bonds in the manner authorized above in this paragraph. Subject to the terms and conditions of the Bond Agreement, the Issuer shall deliver the Bonds to the Original Purchaser, The Bonds shall be issued in compliance with and under authority of the provisions of this Ordinance and the Bond Agreement. Section 4. The Bonds and the obligation to pay interest thereon shall be special, limited obligations of the Issuer, payable solely and only from revenues and income derived by or for the account of the Issuer from or for the account of the Borrower pursuant to the terms of the Bond Agreement, including, without limitation: (i) all cash and securities held from time to time in the trust funds held under the Bond Agreement, and the investment earnings thereon (other than any amounts on deposit in the Rebate Account created by the Bond Agreement), and (ii) all payments by the Borrower on the Promissory Notes (collectively, the "Pledged Revenues"). The Bonds shall not in any respect be general obligations of the Issuer, nor shall they be payable in any manner from funds of the Issuer raised by taxation. The Bonds shall state that they do not constitute an indebtedness of the Issuer or a loan of credit thereof within the meaning of any constitutional or statutory provision. Nothing in this Ordinance, the Bond Agreement, the Promissory Notes, the No Arbitrage Certificate or the form of the Bond (hereinafter referred to collectively as the "Bond Documents"), or in any document or agreement required hereby and thereby, shall be construed as an obligation or commitment by the Issuer to expend any of its own revenues or taxpayer funds other than (i) the proceeds derived from the sale of the Bonds and (ii) the revenues and receipts derived from the Pledged Revenues. Section 5. The form, terms and provisions of the Bond Documents presented to this meeting are in all respects approved, and the Mayor and the City Clerk of the Issuer are hereby authorized and empowered to execute, acknowledge and deliver the Bond Documents, with or without an impression of the official seal of the Issuer as required thereby. The Borrower has negotiated for the sale of the Bonds to the Original Purchaser. The Bond Documents, as so executed and delivered, shall be in substantially the form now before the City Council and hereby approved, with only such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval and the approval of the City Council of any and all changes or revisions therein from the forms thereof now before the City Council, and from and after the execution and delivery of the Bond Documents, the Mayor and the City Clerk of the Issuer are hereby authorized and empowered to do all such acts and things, and to execute all documents (including any certifications, financing statements, assignments and other instruments), as may be necessary, in the opinion of counsel to the Issuer, to carry out and 3 WHD/12578149.2 comply with the provisions of the Bond Documents as executed, and in any other documents and instruments required to effectuate any portion of the financing transaction. Section 6. This Ordinance shall constitute the approval of the Bonds within the meaning of Section 147(f) of the Code, and the Bonds are hereby approved. The Issuer hereby elects to have the provisions of Section 144(a)(4)(A) of the Code apply to the Bonds. Section 7. The Issuer hereby designates and appoints American Community Bank & Trust to perform the functions of the trustee, bond registrar and paying agent under the Bond Agreement. Section 8. The Mayor, the City Clerk and other officers of the Issuer are hereby authorized to do all such acts and things, and to execute all such documents (including Internal Revenue Service Form 8038, any certifications, assignments and other instruments), as may be necessary, in the opinion of counsel to the Issuer, to carry out and comply with the purposes of this Ordinance. Section 9. No member of the City Council has any pecuniary interest in the Bond Documents. Section 10. The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall for any reason be declared by a court of competent jurisdiction to be invalid or unenforceable, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions hereof. Section 11. All ordinances, resolutions and orders, and parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed. This Ordinance shall take effect and be in full force immediately upon its adoption and approval. Passed and Approved this 2nd day of May, 2016. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: Susan E. Low, Mayor ATTEST: Janice Jones, City Clerk WHD/12578149.2 STATE OF ILLINOIS ) )SS MCHENRY COUNTY ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly elected, qualified and acting City Clerk of the City of McHenry, McHenry County, Illinois (the "Municipality"), and as such official I am the keeper of the records and files of the Municipality and of its City Council (the "Corporate Authorities"). I do further certify that the foregoing constitutes a full, true and complete excerpt from the proceedings of the meeting of the Corporate Authorities held on May 2, 2016, insofar as same relates to the adoption of Ordinance No. , entitled: ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR FABRIK INDUSTRIES, INC. PROJECT AND AUTHORIZING THE EXECUTION OF DOCUMENTS IN CONNECTION THEREWITH a true, correct and complete copy of which ordinance (the "Ordinance") as adopted at such meeting appears in the proceedings of the minutes of such meeting and is hereto attached. The Ordinance was adopted and approved by the vote and on the date therein set forth. I do further certify that the deliberations of the Corporate Authorities on the adoption of such Ordinance were taken openly, that the vote on the adoption of such Ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that notice of such meeting was duly given to all of the news media requesting such notice, that the agenda for such meeting was duly posted at the location where such meeting was held and at the principal office of the Corporate Authorities at least 96 hours before such meeting, that said agenda contained a separate specific item concerning the proposed adoption of such Ordinance, that at least one copy of said agenda was continuously available for public review during the entire 96-hour period preceding such meeting, that such meeting was called and held in strict compliance with the provisions of the Open Meeting Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such Act and such Code and their procedural rules in the adoption of such Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City of McHenry, McHenry County, Illinois, this 2nd day of May, 2016. (SEAL) Janice Jones, City Clerk 5 WHD/12578149.2 CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AN ORDINANCE TO REQUEST ADDITIONAL VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUE FOR FABRIK INDUSTRIES, INC. PROJECT WHEREAS, the City of McHenry, McHenry County, Illinois (the "Municipality") is a corporation and a home rule unit of local government under provisions of Section 6 of Article VII of the Illinois Constitution of 1970; and WHEREAS, Section 146 of the Internal Revenue Code of 1986, as amended (the "Code"), and the State of Illinois Guidelines and Procedures for the Allocation of Private Activity Bonding Authority in Accordance with the Tax Reform Act of 1986 and 30 ILCS 345 of the Office of the Governor effective January 1, 2016, provide that the Municipality has volume cap equal to $100.00 per resident of the Municipality in calendar year 2016, which volume cap may be reserved and allocated to certain tax-exempt private activity bonds; and WHEREAS, the City Council of the Municipality (the "Corporate Authorities") adopted Resolution R-16-001 on January 4, 2016 expressing its intent to issue industrial development revenue bonds to finance a project to benefit K&L Equity, LLC, an Illinois limited liability company, and Fabrik Industries, Inc., an Illinois corporation (collectively, the "Borrower") in an amount not to exceed $10,000,000 (the "Project"); and WI�REAS, the Corporate Authorities adopted Ordinance No. 16-1773 on February 15, 2016 to reserve the entire volume cap of the Municipality for calendar year 2016 to be allocated for the Project, which amount is $2,663,000, and bond counsel for the Project filed a Report of Allocation Granted in the amount of $2,663,000 with the Office of the Governor on March 4, 2016; and WHEREAS, in order to finance the Project on behalf of the Borrower, the Municipality now proposes to issue its City of McHenry, McHenry County, Illinois Industrial Development Revenue Bonds, Series 2016A, 2016B and 2016C (Fabrik Industries, Inc. Project) in an aggregate amount not to exceed $10,000,000 (the "Bonds"); and WHEREAS, additional volume cap in an amount not to exceed $7,337,000 is needed for the Project. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, a home rule municipality in the exercise of its home rule powers, as follows: WHD/12578545.2 SECTION l: Pursuant to Section 146 of the Code and the Illinois Private Activity Bond Allocation Act, 30 ILCS, 345/1 et seq., as supplemented and amended, the entire volume cap of the Municipality for calendar year 2016, which amount is $2,663,000, has been reserved for the Project. The Municipality shall request additional volume cap from the Office of the Governor in the amount of $7,337,000 (or in such amount sufficient for the issuance of the Bonds) from the available home rule pool on or about June 1, 2016. SECTION 2: The Mayor, the City Clerk and all other proper officers, officials, agents and employees of the Municipality are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents and certificates as may be necessary to further the purposes and intent of this Ordinance. SECTION 3: The provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision of this Ordinance shall for any reason be declared to be invalid, such declaration shall not affect the remainder of the sections, phrases and provisions of this Ordinance. SECTION 4: All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, expressly repealed. SECTION 5: This Ordinance shall be in full force and effect upon its passage and approval. Passed and Approved this 2nd day of May, 2016. VOTING AYE: VOTING NAY: ABSENT: NOT VOTING: ABSTAINED: Susan E. Low, Mayor ATTEST: Janice Jones, City Clerk WHD/12578545.2 STATE OF ILLINOIS ) )SS MCHENRY COUNTY ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly elected, qualified and acting City Clerk of the City of McHenry, McHenry County, Illinois (the "Municipality"), and as such official I am the keeper of the records and files of the Municipality and of its City Council (the "Corporate Authorities"). I do further certify that the foregoing constitutes a full, true and complete excerpt from the proceedings of the meeting of the Corporate Authorities held on May 2, 2016, insofar as same relates to the adoption of Ordinance No. , entitled: AN ORDINANCE TO REQUEST ADDITIONAL VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUE FOR FABRIK INDUSTRIES, INC. PROJECT a true, correct and complete copy of which ordinance (the "Ordinance") as adopted at such meeting appears in the proceedings of the minutes of such meeting and is hereto attached. The Ordinance was adopted and approved by the vote and on the date therein set forth. I do further certify that the deliberations of the Corporate Authorities on the adoption of such Ordinance were taken openly, that the vote on the adoption of such Ordinance was taken openly and was preceded by a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, that such meeting was held at a specified time and place convenient to the public, that notice of such meeting was duly given to all of the news media requesting such notice, that the agenda for such meeting was duly posted at the location where such meeting was held and at the principal office of the Corporate Authorities at least 72 hours before such meeting, that said agenda contained a separate specific item concerning the proposed adoption of such Ordinance, that at least one copy of said agenda was continuously available for public review during the entire 72-hour period preceding such meeting, that such meeting was called and held in strict compliance with the provisions of the Open Meeting Act of the State of Illinois, as amended, and the Illinois Municipal Code, as amended, and that the Corporate Authorities have complied with all of the applicable provisions of such Act and such Code and their procedural rules in the adoption of such Ordinance. IN WITNESS WHEREOF, I hereunto affix my official signature and the seal of the City of McHenry, McHenry County, Illinois, this 2nd day of May, 2016. (SEAL) Janice Jones, City Clerk WHD/12578545.2 Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: May 2, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: McHenry Wastewater Treatment Plant Improvements Pay Application #3 ATT: HR Green Pay Application Recommendation Williams Brothers Construction is requesting $2,077,444.97 for work performed as of April 30, 2016 on the McHenry Wastewater Treatment Plant Improvements. HR Green has reviewed the pay application, partial waiver of lien and certified payroll and found all documents to be in general conformance with the State Revolving Fund (SRF) loan requirements. HR Green and city staff recommend approval of pay application #3. SRF loan procedures require City Council to approve this pay application prior to Illinois Environmental Protection Agency (IEPA) disbursement of funds. Once the city receives the SRF loan disbursement, the city will pay Williams Brothers Construction's request for pay application #3. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve pay application request #3 to Williams Brothers Construction for the McHenry Wastewater Treatment Plant Improvements in an amount not to exceed $2,077,444.97. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. HHGreen April 22, 2016 Mr. Jon Schmitt Director of Public Works 1415 Industrial Drive McHenry, IL 60050 RE: McHenry Wastewater Treatment Plant Improvements Pay Application Request #3 HR Green Job No.: 86130341.03 Dear Mr. Schmitt: Attached is Pay Application #3 from Williams Brothers Construction, Inc. for the McHenry Wastewater Treatment Plant Improvements Project, Williams Brothers Construction, Inc. is requesting an amount of $2,077,444.97 for the work performed as of April 30, 2016. HR Green has reviewed the Pay Application submitted by Williams Brothers Construction, Inc. and found all documents (pay application, partial waiver of lien and certified payroll) to be in general conformance with the SRF loan requirements. HR Green has also reviewed this application with City Staff which is in agreement with our findings. At this time, HR Green recommends the City approve this Pay Application in the amount of $2,077,444.97, which leaves a balance of $25,031,795.64 on the project. Upon approval, the pay application will be sent to the IEPA for approval and disbursement of funds from the City's SRF loan. After approval, please sign on the application on the "Owner" line and return the documents to me for processing at the IEPA. If you have any questions, please call me at (815) 759-8346. Sincerely, HR GREEN, INC. la J. Chad Pieper City Engineer 1.9y[019Crom Attachments cc: Mr. Russell Ruzicka —City of McHenry Mr. Steve Frank, HR Green, Inc. Mr. Ravi Jayaraman, HR Green, Inc. Mr. Andy Lemke, HR Green, Inc. Hrgmhnas:\\O:\86130341.03\Construction\Pay Request\Pay Request#3Utr-043016-Recommendation of approval PayApp3.docx HRGreen.colt� Phone 815.385.1778 Fax 815.385.1781 Toll Free 800.728.7805 420 North Front Street, Suite 100, McHenry, Illinois 60050 McHenry Wastewater Treatment Facility Consolidation Page 1 To (Owner): City of McHenry 1415 Industrial Drive McHenry, Illinois 60050 Project: � Wastewater Treatment Facility Consol Application for Payment Change Order Summary Contractor's Application Period: April 11 2016 to April 30, 2016 From (contractor) Williams Brothers Construction Inc P.O. Box 1366 Peoria, IL 61654 Project No.. Approved Change Orders Number Additions Deduct ons TOTALS NETCHANGEBY CHANGE ORDERS $0.0000 $000000 0.00 C ontractor's Certification The undersigned Contractor certifies that: (1) all previous progress payments received from Owner on account of Work done under the Contract have been applied on account to discharge Contractor's legitimate obligations incurred in connection with Work covered by prior Applications for Payment, (2) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances): and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and is not lication For Application Date: Via (Engineer) April 304 2016 HR Green, Inc 86130341 No. 3 I ORIGINAL CONTRACT PRICE ......................................... $ 30,180,000.00 2 Net change by Change Order $ 0.00 3 CURRENT CONTRACT PRICE (Line 1 ±2) $ 30.180.000.00 3 TOTAL COMPLETED AND STORED TO DATE (On Progress Estimate) $ 5.419.162.48 5 RETAINAGE: a. 5 % x $ 5,419,162.48 Work Completed $ 2704958.12 5 AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c) $ 5.148 20436 T LESS PREVIOUS PAYMENTS (Line 6 from prior Application) $ 03 070,759.39) 3 AMOUNT DUE THIS APPLICATION $ 2,077A44.97 Payment of: $2.077.444.97 (Line 8 or oth -attach explanation of other amount) is recommended by.c2 /C? (Engineer) J (Date) Payment of: $2077444.97 (Line 8 or other - attach explanation of other amount) is approved by: (Owner) (Date) Payment of: $2.077.444.97 (Line 8 or other - attach explanation of other amount) is approved by: Funding Agency (if applicable) (Date) Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: May 2, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Fieldstone Lift Station Rehabilitation Project ATT: Change order #1 BACKGROUND: At the November 2, 2015 City Council meeting, the City Council awarded a contract in an amount not to exceed $169,000.00 to Keno & Sons of Lake Bluff, Illinois for the construction of the Fieldstone Lift Station Rehabilitation Project. ANALYSIS: After the Fieldstone Sanitary Sewer Lift Station was taken out of service, drained and the concrete top with the hatches were removed; it was determined that the pump bases needed to be revised for proper hatch alignment and the discharge piping from the pumps were badly deteriorated in need of replacement. Keno and Sons has submitted the attached change order in the amount of $18,078.Or) to revise the pump base location and replace the deteriorated discharge pumping. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve change order #1 to Keno &Sons of Lake Bluff, Illinois for the Fieldstone Lift Station Rehatation Project in an amount not to exceed $18,078.00. Change Order No. 1 Date of Issuance: Effective Date: Project: McHenry Fieldstone Lift Station Rehab The Contract Documents are modified as follows upon execution of this Change Order: Description: Revise location of pump bases to allow for proper hatch alignment and replacement of worn piping discovered during demolition. Attachments: (List documents supporting change): Two contractor proposals for above described work. CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: Original Contract Times: ❑ Working days ❑ Calendar days Substantial completion (days or date): 169,000.00 Ready for final payment (days or date): [Increase] [Decrease] from previously approved Change [Increase] [Decrease] from previously approved Change Orders Orders No. to No. No. to No. Substantial completion (days): Contract Price prior to this Change Order: � 169,000.00 [Increase] [Decrease] of this Change Order: F!IF@-V : it Contract Price incorporating this Change Order: � 187,078.00 Ready for final payment (days): Contract Times prior to this Change Order: Substantial completion (days or date): _ Ready for final payment (days or date): [Increase] [Decrease] of this Change Order: Substantial completion (days or date): _ Ready for final payment (days or date): Contract Times with all approved Change Orders: Substantial completion (days or date): _ Ready for final payment (days or date): RECOMMENDED: ACCEPTED: ACCEPTED: ey: Engineer (Authorized Signature) Date: Approved by Funding Agency (if applicable): y: B Date: McHenry Fieldstone Lift Station Rehab Project No. 86150164 Owner (Authorized Signature) By: Date: Date: Contractor (A uthorized Signature) CHANGE ORDER CO-1 Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: May 2, 2016 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Public Works Sewer Division Hook Lift Truck w/Sludge Boxes Purchase Att: Quotations through National Joint Powers Alliance (NJPA) and Lake County Department of Transportation's Joint Purchasing Agreement Contracts BACKGROUND: The 2016/17 Public Works Sewer Division Capital Equipment Fund includes funding for a hook lift truck w/sludge boxes in the amount of $300,000. This piece of equipment will be utilized to dispose of the sludge and screening materials from the Wastewater Treatment Plant and the Regional Pumping Station. Staff intends to transfer the Sewer Division's current dump truck, a 2003 International model #7400 6x4 to the Street and Utility Divisions. The dump truck will be utilized by the Street and Utility Divisions to haul snow and materials such as sand, gravel, stone, salt, etc. ANALYSIS: Staff solicited quotations for the hook lift truck w/sludge boxes through the National Joint Powers Alliance (NJPA) contract and the Lake County Department of Transportation's Joint Purchasing Agreement contract. NJPA is a public agency serving its members as a municipal contracting agency. NJPA and the Lake County Department of Transportation's Joint Purchasing Agreement establishes and provides nationally -leveraged and competitively -solicited purchasing contracts under the guidance of the Intergovernmental Cooperation Act (5 ILCS 220/1). The Governmental Joint Purchasing Act (30 ILCS 525) allows member agencies to legally purchase through these contracts without duplicating its own competitive -bidding process and requirements. The result of this cooperative effort is a high -quality selection of nationally - leveraged, competitively -bid contract solutions to help meet the ever -changing needs of government agencies. NJPA and Lake County Department of Transportation's Joint Purchasing Agreement contracts are similar to the State of Illinois Joint Purchasing contract that the city has previously used. The following quotations were received from JX Peterbilt of Wadsworth, Illinois fora 2017 Peterbilt Model 348 with two(2) 15 cubic yards stainless steel sludge boxes and one(1) 20 cubic yard stainless steel sludge boxes through NJPA and Lake County Department of Transportation's Joint Purchasing Agreement contracts: • Lake County Department of Transportation's Joint Purchasing Agreement - $287,414.00 • National Joint Powers Alliance (NJPA) - $290,527000 RECOMMENDATION: Therefore, if Council concurs, it is recommended to purchase a 2017 Peterbilt Model 348 with two(2) 15 cubic yards stainless steel sludge boxes and one(1) 20 cubic yard stainless steel sludge boxes through the Lake County Department of Transportation's Joint Purchasing Agreement contract from JX Peterbilt of Wadsworth, Illinois in an amount not to exceed $287,414.00. WIPeterbilt 42400 Hwy. 41, Wadsworth, IL. 60083 To: City of McHenry 1415 Industrial DR. McHenry, IL. 60050 Russell Ruzicka Dear Russell, JX Peterbilt — Wadsworth is pleased to present this quotation. LAKE COUNTY DOT Joint Purchasing Agreement # 15015 (1) 2017 Peterbilt Model 348 Cab and Chassis 20,K Front axle / 46K Rear axle w/ rear air ride suspension 370 HP / 1250 torque Cummins Engine Allison Model 4000 RDS Transmission 90 Gallon fuel tank Power Windows and Mirrors AL 160/1700-20 AMPLIROLL 50,000# HOOK LIFT 175,969.00 175,969,00 * Piston Pump * 17 Gal Hyd Reservoir * Low Press. Hyd. Controls * Mounting Kit -------------------------- AL MC-611 7-20H HYDRAULIC CONTROLS - 2 SECTION VALVE ASSEMBLY -------------------------- AL 5.41 4 Tandem Axle steel diamond plate fenders for 22.5 tires (Requires 4) -------------------------- AL 6.19 LED 96" wide bumper with clearance lights four stop turn tail bulbs and two backup center mounted 3 light cluster -------------------------- PAINT - FULL PAINT HOIST BLACK RR AF-30 Roll -Rite tarp system, 6 spring fixed pivot and adjustable gantry includes super tough mesh tarp 94" x 30" HOT SHIFT PTO INSTALLED ON CHASSIS i.00 TOOL BOX 48" STEEL BOX BLACK 72.00 INSTALLATION: Hours to install above components on truck chassis. -------------------------- 2.00 15 CUBIC YARD STAINLESS STEEL SLUDGE BOXES 22' Custom 2-B finish 304 stainless steel container 10 Gauge 304 S.S. floor 4" Channel formed 3/16" 304 S.S. on 12" centers A -frame for hook or drag on use 45" Sides 11 gauge 2-B finish 304 S.S. Box top rail 40" Tailgate Off -set top hardware w/manual bottom gate latches Heavy hardware will be of mild carbon Steel and All steel parts will be painted -------------------------- 1.00 20 CUBIC YARD STAINLESS STEEL SLUDGE BOXES 22' Custom 2-B finish 304 stainless steel container i0 Gauge 304 S.S. floor V Channel formed 3/16" 304 S.S. on 12" centers A -frame for hook or drag on use 45" Sides 11 gauge 2-B finish 304 S.S. Box top rail 40" Tailgate Off -set top hardware w/manual bottom gate latches Heavy hardware will be of mild carbon 1.0 Steel and All steel parts will be painted TOTALSALE............................................................................................... TOTAL DUE upon chassis arrival to Body Company ............................... TOTAL DUE after acceptance of completed vehicle ............................... Rick Michalowski I Vocational Account Manager JX Enterprises, Inc. Cell 708-207-2354 1 Fax 708460-8991 rmichalowski(olxe.com www.JXE.com $ 287,414.00 $ 136,445.00 $ 150,969.00 National :. ;. I leet Group A Division of Gnc•;rtlet of Wntoonvillo 490 Auto Center Driv:;, '•a,aonville, CA 95076 (855) 289.6572 • (855) L1'.:. - - SPA • (831) 480-6497 Fax Fleet@Nationai},:;bjk IeetGroup.cam To: City of McHenry 1415 Industrial DR. McHenry, IL, 60050 Russell Ruzicka Dear Russell, tall q � JX Peterbilt - Wadsworth is pleased to present tllis .,uotaflon. (1) 2017 Peterbilt Model 348 Cab and Chassis �p 20,K Front axle / 46K Rear axle w/ rear air ride , us, ;i. on 370 HP / 1250 torque Cummins Engine Allison Model 4000 RDS Transmission 90 Gallon fuel tank Power Windows and Mirrors AL 160/1700-20 AMPLIROLL 50,000# HOOK LIFT 175,969.Q0 175,969.00 * Piston Pump * 17 Gal Hyd Reservoir * Low Press, Hyd. Controls * Mounting Kit AL MC-611 7-20H HYDRAULIC CONTROLS - 2�SECTION VALVE ASSEMBLY -------------------------- AL 5.41 4 Tandem Axle steel diamond plate fenders for 22.5 tires (Requires 4) -------------------------- AL 6.19 LED 96" wide bumper with clearance lights four stop turn tail bulbs and two backup center mounted 3 light cluster ------------------- PAINT -FULL PAINT HOIST BLACK RR AF-30 Roll -Rite tarp system, 6 spring fixed pivot and adjustable gantry includes super tough mesh tarp 94" x 30" HOT SHIFT PTO INSTALLED ON CHASSIS 1.00 TOOL BOX 48" STEEL BOX BLACK 72.00 INSTALLATION; Hours to install above components on truck chassis. -------------------------- 2.00 15 CUBIC YARD STAINLESS STEEL SLUDGE BOXES 22' Custom 2-B finish 304 stainless steel container cy�ri�srv��-r ( c%U?�'-C�. _;� N155AN � � � � • National auto I leet Group A Division of Chovr(Ilot of Watsonville 490 Auto Center Drive, Watsonville, CA 95078 (855) 289-6572 • (855) BIJY-NJPA • (831) 480-8497 Fax Fleet@NationalAut-,oFleetGroup.com 10 Gauge 304 S,S. floor 4" Channel formed 3/16" 304 S.S. on 12" centers A -frame for hook or drag on uce 45" Sides 11 gauge 2-B finish 304 S.S. Box top rail 40" Tailgate Off -set top hardware w/manual bottom gate latches Heavy hardware will be of mild carbon Steel and All steel parts will be painted -------------------------- 1.00 20 CUBIC YARD STAINLESS STEEL SLUDGE BOXES 22' Custom 2-B finish 304 stainless steel container L0 Gauge 304 S.S. floor 4" Channel formed 3/16" 304 S.S. on 12" centers A - frame for hook or drag on use 45" Sides 11 gauge 2-B finish 304 S.S. Box top rail 40" Tailgate Off -set top hardware w/manual bottom gate latches Heavy hardware will be of mild carbon 1.0 Steel and All steel parts will be painted ................................................................................... $ 290,527.00 TOTAL DUE upon chassis arrival to Body Company...............�...,...,..,..,., TOTAL DUE after acceptance of completed vehicle ...,.......:................... Rick Michalowski I Vocational Account Manager JX Enterprises, Inc. Cell 708-207-2354 I Fax 708 460mo9v1 om rmichaIowski ke.c vAwi.JXE.com esse Cooper National Fleet Manager Email: 'tcoo per c nationalautofleetgrounMcom Office: (855) 289-6572 Fax: (831) 480-8497 $ 136,4AS .00 154,082,00 4i �' TOl(OTA i Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: May 2, 2016 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Public Works Street Division Front End Wheel Loader Purchase ATT: Quotations and Lease options through National Joint Powers Alliance (NJPA) and Case dealer McCann Industries, Inc. BACKGROUND: The 2016/17 Public Works Street Division Capital Equipment Fund includes funding for a front end loader in the amount of $245,000.00. This piece of equipment will be replacing a 1990 Case model #821 with 5,685.9 hours. The front end loader is used by the Public Works and Parks Departments for snow removal and to load materials such as sand, gravel, stone, salt, etc. ANALYSIS: Staff solicited quotations for a Case Wheel Loader through the National Joint Powers Alliance (NJPA) contract and the local Case dealer, McCann Industries, Inc. NJPA's Joint Purchasing Agreement establishes and provides nationally -leveraged and competitively -solicited purchasing contracts under the guidance of the Intergovernmental Cooperation Act (5 ILCS 120/1). The Governmental Joint Purchasing Act (30 ILCS 525) allows member agencies to legally purchase through these contracts without duplicating its own competitive -bidding process and requirements. The result of this cooperative effort is a high -quality selection of nationally - leveraged, competitively -bid contract solutions to help meet the ever -changing needs of government agencies. NJPA's Joint Purchasing Agreement contracts are similar to the State of Illinois Joint Purchasing contract that the city has previously used. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. The. following quotations were received: • National Joint Powers Alliance (NJPA) $236,683.35 • McCann Industries, Inc. $2321706.35 Staff also requested leasing options from NJPA and Case (attached). Staff is recommending purchasing the Case wheel loader with Capital Equipment Fund balance instead of paying interest ranging from APR 3.95% (based on 4-5 year annual payments) to APR 3.99% (based on 3 year annual payments) through the leasing program. Staff and the City attorney have reviewed whether purchasing from McCann Industries, Inc. requires an express waiver by City Council of advertising for competitive bids, and although the law does not appear to require such, it is recommended that such a waiver be included in any motion to authorize the purchase through McCann Industries, Inc. RECOMMENDATION: Therefore, if Council concurs, it is recommended to waive the bidding requirements and to purchase a Case 821F Wheel loader in the amount not to exceed $232,706.35 including the trade-in of a 1990 Case 821 Wheel Loader from McCann Industries, Inc. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. Kormccann 0 Serving the Constructor®) McCannOnlinexom CORPORATE OFFICE April 12, 2016 McCann Industries, Inc. The City of McHenry Public Works Department 543 South Rohlwing Road Attention: Scott Schweda - Streets Superintendent and Matt Rogers - Fleet Maintenance Superintendent Addison, IL 60101 Gentlemen, (630) 627=0000 We appreciate the opportunity to provide you with this Request for Proposal based on the current Case FAX (630) 627=8711 Government Discount . Please note the optional discount structures and call with any questions. Respectfully, vetvt�g, Tye BRANCH LOCATIONS Dennis Tovar - McCann Industries, Inc. - Mn 630474-8830 - dtovarcDmccannonline.com $334,281.00 - Base Price (1) New 2016 Case 821 F Wheel Loader" please see ProCare note below. Addison $ 3,159.00 - 5 Speed Transmission 543 South Rohlwing Road $ N/C - Limited Slip Axles Front & Rear Addison, IL 60101 $ 816.00 - Reverse Fan Cooling (630) 627-0000 Fax (630) 627=8711 $ N/C - Cab w-Heater & A/C $ 525,00 - Cloth Heated Air $ 498.00 - Radio Ready -12V outlets, radio bracket, wiring harness, fuse & 20 amp 24V > 12V converter Big Rock $ 281.00 - Operator Cab Package 47W247 US Highway 30 Big Rock, IL 60511 $ 329.00 - Right Side Brake Pedal (630) 556-3111 $ 11972800 - 3-Spool Valve w-Joystick Loader & Bucket Operation Fax (630) 556-3749 $ 413.00 - Standard Fenders with Left & Right Hand Steps $ 101187800 - 23.5 x R25 L-3 Radial Tires Bolingbrook $ 10,377.00 - Matching Spare Tire & Wheel 250 East Frontage Road $ 9,731.00 - JRB Compatible Coupler Bolingbrook, IL 60440 (630) 739-7770 $ 1,894.00 - Optional Counterweight Fax (630) 739=7699 $ 2,290.00 - Cold Weather Pkg. $ 260.00 - Outside Mirrors — (1) Each Side Chicago $ 111.00 - Additional Front Lights - Adds (2) Additional Work/Driving Lights to Front 2350 South Laflin Street $ 223.00 - Axle Oscillation Stops Chicago, IL 60608 $ 5,411.00 - Ride Control (312) 942-9200 $ 519.00 - Rear Frame Covers - Closes the access openings to the transmission (side) & remote drain cover. Fax (312) 421=3502 $383,277.00 -Total Case List Price (176,451,65) - Less Case Direct Discount Crestwood $206,825.35 - Sub -Total Case Pricing 4701 West 137th Street Crestwood, IL 60445 $ 8,142.00 - 4.25 Cu. Yd. G.P. Bucket with Bolt -On Edge - Discounted from $10,858.00 (708) 597=3110 $ 15,696000 - Optional 3.50 Cu. Yd. 44n-1 Multi -Purpose Bucket - Discounted from $19,961,00 Fax (708) 597-9945 $ 8,037.00 - H.D. Forks with Wide Carriage & 60" Tines $ 21977000 - Factory Freight McHenry $ 11164000 - All Product Support Manuals and/or CDs 4102 W. Crystal Lake Road $ 577.00 - 2-3 Hours of Tech Training McHenry, IL 60050 $ 1,882.00 - Dealer Pre -Delivery & Inspection - Set -Up (815) 385-0420 Fax (815) 385=2975 $ 300.00 - Amber Mini Light Bar - Federal Signal Hi -Lighter Model #454200=02 - Mag-Suction Model (34 patterns $ 356.00 - Installation Schererville $ 750.00 - Transportation of New Loader & Pick -Up of Trade -In 1133 Indianapolis Boulevard $ 246,706.35- Total Net Pricing less trade-in.... Schererville, IN 46375 ( 14,000.00) - Less Trade of 1990 Case 821 Loader (219) 865=6545 $ 232,706635 - Total Delivered Price Fax (219) 865=0269 Wauconda New Case 821 F Wheel Loaders come with CASE ProCare at no additional charge to us or you. 1360 North Rand Road (3) Years of Full Machine Warranty + (3) Years of Scheduled Maintenance Including All Lubes, Oils, Filters & the Wauconda, IL 60084 Labor to Install + (3) Years of SiteWatch Telematics (847) 626=9444 Fax (847) 526-9448 Equipment • Supplies • Materials • Tools • Sales 9 Service • Rental 6.ormccann° Serving the Constructor®I McCannOnlinexom CORPORATE OFFICE April 12, 2016 McCann Industries, Inc. The City of McHenry Public Works Department 543 South Rohlwing Road Attention: Scott Schweda - Streets Superintendent and Matt Rogers - Fleet Maintenance Superintendent Addison, IL 60101 Gentlemen, (630) 627=0000 We appreciate the opportunity to provide you with this Request for Proposal based on the NJPA North American FAX (630) 627=8711 Contract #032515. Please note the optional discount structures and call with any questions. Respectfully, De n iC. P. %avcw - Dennis Tovar - McCann Industries, Inc. - M. 630-774=8830 $334,281.00 - Base Price (1) New 2016 Case 821F Wheel Loader - please see ProCare note below. BRANCH LOCATIONS $ 37159.00 - 5 Speed Transmission $ N/C - Limited Slip Axles Front & Rear Addison $ 816.00 - Reverse Fan Cooling 543 South Rohlwing Road $ N/C - Cab w-Heater & A/C Addison, IL 60101 $ 525.00 - Cloth Heated Air (630)627=0000 Fax (630) 627=8711 $ 498.00 -Radio Ready - 12V outlets, radio bracket, wiring harness, fuse & 20 amp 24V > 12V converter $ 281.Oo - Operator Cab Package $ 329.00 - Right Side Brake Pedal Big Rock 47W247 US Highway 30 $ 1,972.00 - 3-Spool Valve w-Joystick Loader & Bucket Operation Big Rock, IL 60511 $ 413.00 - Standard Fenders with Left & Right Hand Steps (630) 556-3111 $ 105187.Oo - 23.5 x R25 L-3 Radial Tires Fax (630) 556=3749 $ 10,377.00 - Matching Spare Tire & Wheel $ 9,731.00 - JRB Compatible Coupler Bolingbrook $ 1,894.00 - Optional Counterweight 250 East Frontage Road $ 2,290.00 - Cold Weather Pkg. Bolingbrook, IL 60440 (630) 739=7770 $ 260.00 - Outside Mirrors — (1) Each Side Fax (630) 739=7699 $ 111.00 - Additional Front Lights - Adds (2) Additional Work/Driving Lights to Front $ 223.00 - Axle Oscillation Stops Chicago $ 5,411.00 - Ride Control 2350 South Laflin Street $ 519.00 - Rear Frame Covers "Closes the access openings to the transmission (side) & remote drain cover. Chicago, IL 60608 $383,277.00 - Total Case List Price (312) 942=9200 (172,474,65) - Less 45% National Contract Discount Fax (312) 421 =3502 $210,802.35 -Sub-Total Case Pricing $ 83142.00 - 4.25 Cu. Yd. G.P. Bucket with Bolt -On Edge - Discounted from $10,858.00 Crestwood $ 153696000 - Optional 3.50 Cu. Yd. 4-in-1 Multi -Purpose Bucket - Discounted from $19,961,00 4701 West 137th Street Crestwood, IL 60445 $ 87037.00 - H.D. Forks with Wide Carriage & 60" Tines (708) 597-3110 $ 2,977.00 - Factory Freight Fax (708) 597=9945 $ 1,164.00 - All Product Support Manuals and/or CDs $ 577.00 - 2-3 Hours of Tech Training McHenry $ 102.00 - Dealer Pre -Delivery & Inspection - Set -Up 4102 W. Crystal Lake Road $ 300.00 - Amber Mini Light Bar - Federal Signal Hi -Lighter Model #454200-02 - Mag-Suction Model (34 patterns McHenry, IL 60050 $ 356.00 - Installation (815)385=0420 Fax (815) 385-2975 $ 750.00 - Transportation of New Loader & Pick -Up of Trade -In $250,683835 - Total Net Pricing less trade-in.... Schererville ( 14,000,00) - Less Trade of 1990 Case 821 Loader 1133 Indianapolis Boulevard $236,683.35 - Total Delivered Price Schererville, IN 46375 (219)865-6545 Fax (219) 865=0269 New Case 821 F Wheel Loaders come with CASE ProCare at no additional charge to us or you. (3) Years of Full Machine Warranty + (3) Years of Scheduled Maintenance Including All Lubes, Oils, Filters & the Wauconda Labor to Install + (3) Years of SiteWatch Telematics 1360 North Rand Road Wauconda,IL 60084 (847)526=9444 Fax (847) 526-9448 Equipment 9 Supplies • Materials • Tools • Sales • Service • Rental 6ormccann0 Serving the Constructor° April 133 2016 Performance you can count on Equipment • Supplies • Service • Rentals www.McCannunnne.conn The City of McHenry Public Works Department c/o Scott Schweda, Streets Superintendent & Matt Rogers, Fleet Maintenance Superintendent New Case 821 F Wheel Loader -Annual Payment Municipal Lease with $1.00 Buyout; 15{Annual Payment Due in Advance Based on Delivered Price of $232,706.35 + $497.00 Finance Doc Fee = $233,203.35 Term: Based on 3 Annual Payments, due in Advance each year. $80,794.82 - APR: IN Term: Based on 4 Annual Payments due in Advance each year. $61,731.12 - APR: 3.95% Term: Based on 5 Annual Payments due in Advance each year. $50,322.48 - APR: 3.95w General Applications: *The payments are based on 1 Annual Payment Due in Advance. *All Rates and payments are subject to change without notice. Rates and Factors are valid for transactions funded by April 30, 2016. *Lessee must be eligible for "Tax -Exempt" rates subject to qualification as an issuer of tax-exempt obligations, State or Local Government Entity under Section 103 of the US Tax Code Illinois Addison 543 S. Rohlwing Rd. Addison, IL 60101 Phone: (630) 627-0000 Fax: (630) 627-8711 Bolingbrook 250 E. North Frontage Rd. Bolingbrook, IL 60440 Phone: (630) 739-7770 Fax: (630)739-7699 Dennis J. Tovar Territory Manager -Heavy Equipment Group McCann Industries, Inc. Cell - 630474-8830 0050 cccinn Chicago 2350 S. Laflin St. Chicago, IL 60608 Phone: (312) 942-9200 Fax: (312) 421-3502 Crestwood 4701 West 137th St. Crestwood, IL 60445 Phone: (708) 597-3110 Fax: (708) 597-9945 McHenry 4102 W. Crystal Lake Rd. McHenry, IL 60050 Phone: (815) 385-0420 Fax: (815) 385-2975 Wauconda 1360 N. Rand Rd. Wauconda, IL 60084 Phone: (847) 526-9444 Fax: (847)526-9448 Indiana Schererville 1133 Indianapolis Blvd. Schererville1IN 46375 Phone: (219) 865-6545 Fax: (219) 865-0269 6,ormccann° Serving the Constructor° April 133 2016 Performance you can count on Equipment • Supplies • Service • Rentals vvvvw.McCannOnline.conn The City of McHenry Public Works Department c/o Scott Schweda, Streets Superintendent & Matt Rogers, Fleet Maintenance Superintendent New Case 821 F Wheel Loader -Annual Payment Municipal Lease with $1.00 Buyout; 1s{Annual Payment Due in Advance Based on a discounted and delivered price of $236,683.35 + $497.00 Finance Doc Fee = $237,180.35 Term: Based on 3 Annual Payments, due in Advance each year. $82,172.67 - APR: 3.99% Term: Based on 4 Annual Payments due in Advance each year. $621783.87 - APR: 3.95% Term: Based on 5 Annual Payments due in Advance each year. $51,180.67 -APR: 3.95% General Applications: *The payments are based on 1 Annual Payment Due in Advance. *All Rates and payments are subject to change without notice. Rates and Factors are valid for transactions funded by April 30, 2016. *Lessee must be eligible for "Tax -Exempt" rates subject to qualification as an issuer of tax-exempt obligations, State or Local Government Entity under Section 103 of the US Tax Code Illinois Addison 543 S. Rohlwing Rd. Addison, IL 60101 Phone: (630) 627-0000 Fax: (630) 627-8711 Bolingbrook 250 E. North Frontage Rd. Bolingbrook, IL 60440 Phone: (630) 739-7770 Fax: (630) 7394699 Chicago 2350 S. Laflin St. Chicago, IL 60608 Phone: (312) 942-9200 Fax: (312) 421-3502 Crestwood 4701 West 137th St. Crestwood, IL 60445 Phone: (708) 597-3110 Fax: (708) 597-9945 McHenry 4102 W. Crystal Lake Rd. McHenry, IL 60050 Phone: (815) 385-0420 Fax: (815) 385-2975 Wauconda 1360 N. Rand Rd. Wauconda, IL 60084 Phone: (847) 526-9444 Fax: (847) 526-9448 Indiana Schererville 1133 Indianapolis Blvd. Schererville, IN 46375 Phone: (219) 865-6545 Fax: (219) 865-0269 Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: May 2, 2016 RE: McHenry High School Graduation Ceremony ATT: Request Email McHenry High School Graduation will be held on Thursday, May 19th, at McCracken Field from 5:00 PM to 8:00 PM. Attached is an email from East Campus High School Associate Principal Kyle Hobson requesting the city's approval to post two Police Officers on Kane Avenue between Green Street and Center Street for traffic control. The Police Department has been advised and has no concerns about providing traffic control for this event. If Council concurs then it is recommended a motion is considered to approve the request as presented. Mard Geraghty From: Bill Hobson Sent: Wednesday, April 27, 2016 1:07 PM To: Marci Geraghty Subject: FW: May 19 East Graduation From: Hobson, Kyle [mailto:hobsonkyle@dist156.org] Sent: Wednesday, April 13, 2016 12:44 PM To: Bill Hobson Subject: May 19 East Graduation Hello! On May 19, we will be holding outdoor graduation at McCracken Field. Due to this event, we are requesting that Kane St. be closed from Green to Center from 5pm - 8pm. In addition to this, we have planned that SRO Ducalc and an additional officer will be stationed at Green and John in order to control traffic while pedestrians are returning to the school after the ceremony has ended. Thank you for your help with this matter. Please let me know if you have any questions. Sincerely, Mrs. Kyle Hobson Associate Principal McHenry East High School (815)385-1145 1 Bill Hobson, Deputy City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us CONSENT AGENDA TO: Mayor and City Council FROM: Bill Hobson, Deputy City Administrator FOR: May 2, 2016 RE: Kelly Miller Circus ATT: Special Use Application Background. The Kelly Miller Circus is requesting a special use permit for use of Petersen Park to host a circus on, Thursday, September 8th and Friday, September 9th. Two 90-minutes performances will be scheduled each day at 4:30 PM and 7:30 PM with an estimated daily attendance of 1,000 to 3,000 people. The circus would depart Petersen Park the morning of Saturday, September loth A "24-hour man" will arrive on Wednesday, September 71h to setup the circus in the hayfield parking lot and remain at the site overnight, which requires a one-time waiver of Municipal Code Chapter 16, Sec. 16-25 prohibiting overnight camping on city property. Analysis. Kelly Miller Circus has paid the required $1,000 rental fee for the park. Past events have had minimal impact on staff other than removal of trash bags and cans the following day. The circus would be allowed access to water at the beach for the animals. The cost associated with water use is included in the reservation fee. If Council concurs with this request, then it is recommended a motion is considered to grant a special use permit to Kelly Miller Circus for use of Petersen Park and one-time waiver of Municipal Code Chapter 16, Sec. 16-25 to allow overnight camping in the park September 7th through September 9th. 04/15/2016 08:53 15903265530 KELLYMILLERCIRCUSS PAGE 01/01 MCirl N.RX PARK FACILITIT1S Contact .Person:_ 1 imG'e ) j S Date of Picnic: �" 7' 6 '/ Company/Organizzttion:—J ki Ul — Jjee�(i- rCL(�Address: City/State/lip: Home Phone 3 b . g ,Work/Cell. Phone: fr)80 Park: a Knox Park (A only) i (Petersen.Park o Veteran's lvlernorial Park Area: o Shelter A ii Shelter B o Shelter C n Other: Time: 81 Departure Time: ' 6y Total Number Attending: , .t Falsif 409 attendance numbers ivill result in loss of deposit. Groups over 500 must obtain additional: D dumpsters n portable tollets Water., electricity and restrooms are available at all sites. Knox .Park A has a. portable restroom. .Brief description of event (company pi.cnie, car show, craft sitow, wedding, List' ail activities t:o be held:�v�[] �r�--CfS�C,e:LUUs.S Items brougllt into park site: ❑ Tables t7 Chairs o Benches o Carnival Rides Music>i'Animals ❑ Catered Pi Roast Fh -i,,,, Other--�, :t+ S— +��(� ». g tom: ; - Teat: l;,ocation In Park: LECTRCAL _.Size: Tent Staked:�'yes ❑ no T FOR TINTS ❑ APPLICANT TQ CALL JUL.IiJ () •800-892.0123) TO BE LOCATED n NO B-LECTRIC: Shamrock to*�awr�k*ft+1a>ti,�***,Y,y,yie*w WhtMwfe,4hkilr ilrf+lkN1F**kA�YN�;F,tiy,y,yaaasra awa*ww�„p*,�,},day,***lwd.A�wrta,r,pa,r,��tw,t,p �4+V �F *iy �y,pwft4ir,00if4h aaJp Will beer/wine be prcyetat4 o Xcs,�lo Air YOU CHECKED VIES, PLEASE ANSWER QUESTIONS BELOW - Indicate the number of beer/wine permits denied _. Indieat mount of beer/wine to be brought into the City Park under this permit on above date (number of wine bottles, b cases, beer kegs, etc.) I agree that all the beer/wine containers will be removed applicant or placed in proper containers on site on the permit date and that. no underage or intoxicated. person will allowed to consume any of the beer/wine brought into the City of McHenry park under this permit. T agree that n?p4rof the beer/wine allowed in the City of McHenry park, pursuant to this application will be sold, it being understood 4 tite sale of beer/wine under this permit issued pursuant to this application is expressly prohibited, i have read, will comply with the City of McHenry Park, Permit rules. i have read and understand the rule. nd regulations tilat have been set forth by the City of McHenry regarding the Special Use and/or Bccr/Wine ApplICati (s) and will assume responsibility for any loss, damage or liability arising frown the use of the park property... a understand that not Complying witlt the Park Permit rules will result in loss of deposit. Signature: U C� health permits a required by law for c()neessions and catelring, .Pleatse make arrangement o obtain parmitq. NOTEi Approval will be based on the items listed above. Any other requests are Restrictions: subject to further approval. a>rf4aww�,pkkawwaRAwaPlhtAirnMfaR9wo.aail'aira�.,yp*aa� OR Ol?U'iCF USE ONLYwawa***Wwa»+tr*wwaa�,t►oawarrk�rw.aaw*x.ewa,taa,w,.wwa raw .Reservation rec; s 1� rDatc.1'aid;_. Deposit: Fee:$ Initials; Total Fee; Payment:r3 Cash C.D C,.�e�k,, Cy hang¢/Confirmation Sont; Submitted to City Council: /% !�f'� p� mtials#� City Council Approval; parks\forme\picnic frntiny\spaciu.l tun and bccrand or wino;npphcaoon Vendor Name McHenry, IL Account Number Vendor: ACE HARDWARE, BJORKMAN'S ACE HARDWARE, BJORKMAN'S 100-01-6110 ACE HARDWARE, BJORKMAN'S 100-22-6210 ACE HARDWARE, BJORKMAN'S 100-33-5370 ACE HARDWARE, BJORKMAN'S 100-33-6110 ACE HARDWARE, BJORKMAN'S 100-45-6110 ACE HARDWARE, BJORKMAN'S 400-00-6110 ACE HARDWARE, BJORKMAN'S 510-31-6110 ACE HARDWARE, BJORKMAN'S 510-32-6110 ACE HARDWARE, BJORKMAN'S 510-35-6110 Vendor: AT&T AT&T 100-43-5320 AT&T 100-01-5320 AT&T 100-02-5320 AT&T 100-03-5320 AT&T 100-04-5320 AT&T 100-22-5320 AT&T 100-30-5320 AT&T 100-33-5320 AT&T 100-41-5320 AT&T 100-44-5320 AT&T 100-46-5320 AT&T 100-47-5320 AT&T 620-00-5110 AT&T 100-43-5320 AT&T 100-45-5320 Vendor: BANK, LYNNE BANK, LYNNE 100-00-3330 BANK, LYNNE 100-00-3540 Vendor: BLUE LINE, THE BLUE LINE, THE 100-21-5110 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 CENTEGRA OCCUPATIONAL 610-00-6940 Description (Item) SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES ALARM CIRCUITS PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES PRI LINES ALARM CIRCUITS ALARM CIRCUITS Expense Approval Register LIST OF BILLS COUNCIL MEETING 5/2/16 Payable Number Post Date Amount 4/4/16-4/25/16 16-4/25/16 16-4/25/16 16-4/25/16 16-4/25/16 16-4/25/16 16-4/25/16A 16-4/25/16A 16-4/25/16A 4/13/16-5/12/16 4/16/16-5/15/16 4/16/16-5/15/16 4/16/16-5/15/16 4/16/16-5/15/16 4/16/16-5/15/16 4/15/16-5/15/16 4/15/16-5/15/16 4/16/16-5/15/16 4/16/16-5/15/16 4/16/16-5/15/16 4/1 i/16-5/15/16 4/1i/16-5/15/16 16-5/15/16 16-5/15/16 REFUND 0/P VEHICLE STICKERS INV0002020 REFUNDO/PVEHICLESTICKERS INV0002020 POLICE RECRUITMENT LISTING 33787 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 Vendor ACE HARDWARE, BJORKMAN'S Total: OS/02/2016 OS/01/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 OS/02/2016 Vendor AT&T Total: 04/30/2016 04/30/2016 Vendor BANK, LYNNE Total 04/30/2016 Vendor BLUE LINE, THE Total: 60.26 4.49 54.24 151.10 262.13 20.33 195.71 225.76 24.39 �L•7:�TI 102.67 104.45 39.17 84.86 45.69 254.59 39.17 13.05 39.16 6.53 13.06 6.53 26.11 307.13 307.13 1,389.30 12.00 15.00 27.00 348.00 348.00 MEDICALSERVICES 129490 04/30/2016 65.00 MEDICALSERVICES 133459 04/30/2016 70.00 MEDICALSERVICES 133929 04/30/2016 35.00 MEDICALSERVICES 138487 04/30/2016 65.00 M EDICALSERVICES 141354 04/30/2016 70.00 M EDICALSERVICES 141470 04/30/2016 65.00 MEDICALSERVICES 142257 04/30/2016 35.00 MEDICALSERVICES 143405 04/30/2016 115.00 MEDICALSERVICES 144146 04/30/2016 65.00 M EDICALSERVICES 144220 04/30/2016 65.00 MEDICALSERVICES 150690 04/30/2016 65.00 MEDICALSERVICES 151779 04/30/2016 65.00 MEDICALSERVICES 152145 04/30/2016 65.00 MEDICALSERVICES 155620 04/30/2016 65.00 MEDICALSERVICES 159419 04/30/2016 65.00 MEDICALSERVICES 162968 04/30/2016 65.00 MEDICALSERVICES 168071 04/30/2016 65.00 4/27/2016 11:19:25 AM Expense Approval Register Packet: APPKT00427 - MEDICAL SERVICES Vendor Name Account Number Description (Item) Payable Number Post Date Amount CENTEGRA OCCUPATIONAL 610-00-6940 MEDICALSERVICES 168581 04/30/2016 65.00 CENTEGRA OCCUPATIONAL 610-00-6940 MEDICALSERVICES 168638 04/30/2016 65,00 CENTEGRA OCCUPATIONAL 610-00-6940 MEDICALSERVICES 168763 04/30/2016 65.00 CENTEGRA OCCUPATIONAL 610-00-6940 MEDICALSERVICES 168880 04/30/2016 65.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 168899 04/30/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 168974 04/30/2016 187.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 169222 04/30/2016 192.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 169267 04/30/2016 30.00 CENTEGRA OCCUPATIONAL 100-01-5110 MEDICALSERVICES 169378 04/30/2016 30.00 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: 11834.00 Vendor: COMED COMED 100-33-5520 UTILITIES 3/23/16-4/22/16 04/30/2016 60.00 COMED 510-32-5510 UTILITIES 3/23/16-4/22/16A 04/30/2016 201.54 Vendor COMED Total: 261.54 Vendor: COMMUNICATIONS REVOLVING FUND COMMUNICATIONS 620-00-5110 COMMUNICATION CHGS T1632994 04/30/2016 10,00 Vendor COMMUNICATIONS REVOLVING FUND Total: 10.00 Vendor: CONSERV FS CONSERV FS 100-45-6110 SUPPLIES 65009498 04/30/2016 138.66 CONSERV FS 100-45-6110 SUPPLIES 65009576 04/30/2016 1,772.00 Vendor CONSERV FS Total: 1,910.66 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 400-40-5375 SUPPLIES WEIGHT MACHINES 511769 04/30/2016 4176 Vendor DIRECT FITNESS SOLUTIONS Total: 42.76 Vendor: DONOVAN, JOHNATHON DONOVAN, JOHNATHON 100-2200 O/P PARKING TICKET P102425 PKG TICK P102425 04/30/2016 25.00 Vendor DONOVAN, JOHNATHON Total: 25.00 Vendor: FLEMING COMPANY, THOMAS FLEMING COMPANY, THOMAS 100-01-6110 SUPPLIES 8697 04/30/2016 475.00 Vendor FLEMING COMPANY, THOMAS Total: 475.00 Vendor: FOX VALLEY FIRE & SAFETY FOX VALLEY FIRE & SAFETY 225-00-5110 CONTRACTUAL SERVICES 976542 04/30/2016 195.00 FOX VALLEY FIRE & SAFETY 225-00-5110 CONTRACTUAL SERVICES 976543 04/30/2016 195.00 FOX VALLEY FIRE & SAFETY 225-00-5110 CONTRACTUAL SERVICES 976773 04/30/2016 186.00 FOX VALLEY FIRE & SAFETY 225-00-5110 CONTRACTUAL SERVICES 980614 04/30/2016 195,00 FOX VALLEY FIRE & SAFETY 225-00-5110 CONTRACTUAL SERVICES 981958 04/30/2016 41662,00 Vendor FOX VALLEY FIRE & SAFETY Total: 5,433.00 Vendor: GOAL SPORTING GOODS INC GOALSPORTING GOODS INC 100-45-6110 SUPPLIES 274084 04/30/2016 467.66 Vendor GOAL SPORTING GOODS INC Total: 467.66 Vendor: GOLD MEDAL PRODUCTS GOLD MEDAL PRODUCTS 100-44-6110 SUPPLIES 305364 04/30/2016 302.53 Vendor GOLD MEDAL PRODUCTS Total: 302.53 Vendor: HRGREEN HRGREEN 580-32-8500 WWTP CONSTRUCTION SERV 104200 04/30/2016 49,398.09 HRGREEN 440-00-8900 TRAFFIC LIGHT 104213 04/30/2016 11328.00 HRGREEN 510-31-8500 WATERTOWER 104216 04/30/2016 669.75 HRGREEN 740-00-5220 RETAINED PERSONNEL 104211 04/30/2016 821.00 HRGREEN 100-03-5110 GENERALCONSULT 104212 04/30/2016 664.00 HRGREEN 740-00-5220 GENERALCONSULT 104212 04/30/2016 166.00 HRGREEN 740-00-5220 RETAINED PERSONNEL -WHITE 104214 04/30/2016 332.00 Vendor HRGREEN Total: 53,378.84 Vendor: ILLINOIS DEPARTMENT OF PUBLIC HEALTH ILLINOIS DEPARTMENT OF 100-44-6110 FOOD SERVICE SANITATION INV0002011 05/02/2016 35,00 Vendor ILLINOIS DEPARTMENT OF PUBLIC HEALTH Total: 35.00 4/27/2016 11:19:25 AM Expense Approval Register Vendor Name Account Number Vendor: ILLINOIS PAPER & COPIER CO ILLINOIS PAPER & COPIER CO 100-00-6210 Vendor: ILLINOIS STATE POLICE ILLINOIS STATE POLICE 100-01-5110 Vendor: KENO &SONS CONSTRUCTION COMPANY KENO & SONS CONSTRUCTION 580-32-8500 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 100-45-6110 Vendor: LACUNAS, VALERIE LAGUNAS, VALERIE 100-41-3634 Vendor: LAKESHORE LEARNING MATERIALS LAKESHORE LEARNING 400-00-6120 Vendor: MARSH USA INC MARSH USA INC 610-00-5960 Vendor: MCANDREWS PC, THE LAW OFFICE OF PATRICK MCANDREWS PC, THE LAW 100-01-5230 Vendor: MEYER, JON MEYER, JON 760-00-5410 Vendor: MJW POM &CHEER M1W POM &CHEER 100-00-3410 Vendor: MURDOCK SUPER SECUR MURDOCKSUPERSECUR 440-00-8800 Vendor: NETWORKFLEET INC NETWORKFLEET INC 100-01-5110 Vendor: NICOR GAS NICOR GAS 100-43-5510 N ICOR GAS 100-45-5510 NICOR GAS 100-46-5510 NICOR GAS 510-32-5510 Vendor: NORTH SUBURBAN WATER NORTH SUBURBAN WATER 510-31-5430 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 100-01-6110 Vendor: OTTER SALES &SERVICE INC OTTER SALES &SERVICE INC 100-33-6110 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-03-6250 PETROLIANCE LLC 100-45-6250 Description (Item) COPY PAPER SUPPLIES BACKGROUND CHECKS - FIELDSTONE LIFT STATION MATERIALS PARKS & REC REFUND SUPPLIES PUBLIC OFFICIAL BOND Payable Number IN220202 INV0002016 Packet: APPKT00427 - COPY PAPER SUPPLIES Post Date Amount 04/30/2016 Vendor ILLINOIS PAPER & COPIER CO Total: 04/30/2016 Vendor ILLINOIS STATE POLICE Total: 5381 04/30/2016 Vendor KENO & SONS CONSTRUCTION COMPANY Total: 706048733 04/30/2016 Vendor LAFARGE NORTH AMERICA Total: 133197 04/30/2016 Vendor LAGUNAS, VALERIE Total: 1869500416 04/30/2016 Vendor LAKESHORE LEARNING MATERIALS Total: 376339168125 OS/02/2016 Vendor MARSH USA INC Total LEGAL FEES -TRAFFIC & APRIL 2016 04/30/2016 Vendor MCANDREWS PC, THE LAW OFFICE OF PATRICK Total: ST%TEREQTRUSTEETRAINING INV0002024 04/30/2016 Vendor MEYER, ION Total: 535.00 327.25 327.25 83,108.30 83,108.30 939.44 939.44 293.75 293.75 310.47 310.47 100.00 100.00 5,175.00 5,175.00 200.00 200.00 TEMPSIGNREFUND-16-03- INV0002017 04/30/2016 30.00 Vendor MJW POM &CHEER Total: 30.00 FOUNTAIN W BI-LEVEL BOWLS 90776042 04/30/2016 31863,25 Vendor MURDOCK SUPER SECUR Total: 3,863.25 MONTHLY PRO -RATED OSV000000381873 04/30/2016 3.78 Vendor NETWORKFLEET INC Total: 3.78 UTILITIES 3/21/16-4/18/16 04/30/2016 96.17 UTILITIES 3/21/16-4/18/16 04/30/2016 332.45 UTILITIES 3/21/16-4/18/16 04/30/2016 47.21 UTILITIES 3/21-4/18/16 04/30/2016 984.31 Vendor NICOR GAS Total: 1,460.14 MONTHLY MEETING MAY 2016 O5/02/2016 100.00 Vendor NORTH SUBURBAN WATER Total: 100.00 SUPPLIES 17267783 04/30/2016 405.22 Vendor NORTHWEST ELECTRICALSUPPLY CO INC Total: 405.22 SUPPLIES 12536 04/30/2016 3,685.00 Vendor OTTER SALES &SERVICE INC Total: 3,685.00 VEHICLE FUEL 9772086 04/30/2016 61.94 VEHICLE FUEL 9772089 04/30/2016 327.28 Vendor PETROLIANCE LLC Total: 389.22 4/27/2016 11:19:25 AM Expense Approval Register Packet: APPKT00427 - INITIAL UNIFORM ISSUE Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100-22-4510 INITIAL UNIFORM ISSUE 69768 04/30/2016 507.50 Vendor PETTIBONE & CO, P F Total: 507.50 Vendor: RADICOM INC RADICOM INC 100-22-8300 DISPATCH EXPANSION 175695-250 04/30/2016 91040,50 Vendor RADICOM INC Total: %040.50 Vendor: RED WING SHOE STORE RED WING SHOE STORE 510-35-4510 EMPLOYEE CLOTHING ALLOW 74000000000331 04/30/2016 179.99 RED WING SHOE STORE 100-45-4510 EMPLOYEE CLOTHING ALLOW 7400000000331 04/30/2016 130.49 Vendor RED WING SHOE STORE Total: 310.48 Vendor: REINDERS INC REINDERS INC 100-45-6270 PRO FORCE DEBRIS BLOWER 4040963-00 04/30/2016 71006.72 Vendor REINDERS INC Total: 71006.72 Vendor: RESERVE ACCOUNT RESERVE ACCOUNT 100-01-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 7.05 RESERVE ACCOUNT 100-02-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 48.37 RESERVE ACCOUNT 100-03-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 129.57 RESERVE ACCOUNT 100-04-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 261.04 RESERVE ACCOUNT 100-22-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 305.88 RESERVE ACCOUNT 100-30-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 2.79 RESERVE ACCOUNT 100-41-5310 POSTAGE FOR MAILING INV0002018 04/30/2016 75.09 RESERVE ACCOUNT 510-31-5310 POSTAGE FOR MAILING INV0002019 04/30/2016 241.80 Vendor RESERVE ACCOUNT Total: 11071.59 Vendor: SCHAFER, PAT SCHAFER, PAT 100-01-4220 COPIES OF PRESERVATION LM16-02 04/30/2016 71.29 Vendor SCHAFER, PAT Total: 71.29 Vendor: SERVICEMASTER DS1 SERVICEMASTER DSI 610-00-5980 WATER MITIGATION SERVICES 07-00238.001 04/30/2016 11144,61 Vendor SERVICEMASTER DSI Total: 1,144.61 Vendor: SHERMAN MECHANICAL INC SHERMAN MECHANICAL INC 100-01-5110 REPAIR OF LEAKS IN BOILER J002028 04/30/2016 11406,00 SHERMAN MECHANICAL INC 100-01-6110 FILTERS W14777 04/30/2016 585.00 Vendor SHERMAN MECHANICAL INC Total: 1,991.00 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 100-22-6210 INVESTIGATION SUPPLIES 0251275-IN 04/30/2016 225.97 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 225.97 Vendor: STAPLES CREDIT PLAN STAPLES CREDIT PLAN 100-00-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 -1,138.85 STAPLES CREDIT PLAN 100-00-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 174.88 STAPLES CREDIT PLAN 100-01-6940 SUPPLIES 3/17/16-4/14/16 04/30/2016 167.94 STAPLES CREDIT PLAN 100-03-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 37.25 STAPLES CREDIT PLAN 100-03-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 38.08 STAPLES CREDIT PLAN 100-04-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 830.77 STAPLES CREDIT PLAN 100-22-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 245.78 STAPLES CREDIT PLAN 100-33-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 83.64 STAPLES CREDIT PLAN 100-41-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 186.36 STAPLES CREDIT PLAN 100-44-6110 SUPPLIES 3/17/16-4/14/16 04/30/2016 24.00 STAPLES CREDIT PLAN 100-47-6110 SUPPLIES 3/17/16-4/14/16 04/30/2016 138.52 STAPLES CREDIT PLAN 620-00-6210 SUPPLIES 3/17/16-4/14/16 04/30/2016 49.99 Vendor STAPLES CREDIT PLAN Total: 838.36 Vendor: TREMCO/WEATHERPROOFING TECHNOLOGIES INC TREMCO/WEATHERPROOFING 100-45-5110 ROOFING SERVICES 6089368 04/30/2016 1,652.52 Vendor TREIVICO/WEATHERPROOFING TECHNOLOGIES INC Total: 11652.52 Vendor: TYLER TECHNOLOGIES TYLER TECHNOLOGIES 510-31-5110 MONTHLY FEE -UTILITY BILLING 025-154315 05/02/2016 60.00 4/27/2016 11:19:25 AM Expense Approval Register Vendor Name Account Number TYLERTECHNOLOGIES 510-32-5110 Vendor: VILLAGE OF HUNTLEY POLICE PENSION FUND VILLAGE OF HUNTLEY POLICE 760-00-4990 Vendor: WASTE MANAGEMENT OF WI -MN WASTE MANAGEMENT OF WI- 510-32-5580 Vendor: XYLEM WATER SOLUTIONS USA INC XYLEM WATER SOLUTIONS USA 510-32-5380 Packet: APPKT00427 - MONTHLY FEE -UTILITY BILLING Description (Item) Payable Number Post Date Amount MONTHLY FEE -UTILITY BILLING 025-154315 05/02/2016 60.00 Vendor TYLER TECHNOLOGIES Total: 120.00 TRF RYAN GREGORIO'S INV0002012 04/30/2016 92,961,00 Vendor VILLAGE OF HUNTLEY POLICE PENSION FUND Total: 920961.00 SLUDGE REMOVAL 0030139-2742-5 04/30/2016 12,537442 Vendor WASTE MANAGEMENT OF WkMN Total: 12,537.42 REPLACEMENT PUMPS 3556892309 04/30/2016 8,906.60 Vendor XYLEM WATER SOLUTIONS USA INC Total: 8,906.60 Grand Total: 306,250.08 4/27/2016 11:19:25 AM Expense Approval Register Packet: APPKT00427 - REPLACEMENT PUMPS Fund Summary Fund 100-GENERAL FUND 225-ALARM BOARD FUND 400 - RECREATION CENTER FUND 440 -CAPITAL IMPROVEMENTS FUND 510- WATER/SEWER FUND 580- UTILITY IMPROVEMENTS FUND 610 - RISK MANAGEMENT FUND 620- INFORMATION TECHNOLOGY FUND 740- RETAINED PERSONNEL ESCROW 760-POLICE PENSION FUND Expense Amount 41,182,90 5,433.00 373.56 5,191.25 24,387,27 132,506.39 21609,61 86.10 1,319.00 93,161.00 Grand Total: 306,250.08 Vendor Name McHenry, IL Account Number Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A 100-33-5370 Vendor: CASEY EQUIPMENT COMPANY CASEY EQUIPMENT COMPANY 100-33-5370 Vendor: CURRAN CONTRACTING COMPANY CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 CURRAN CONTRACTING 100-33-6110 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 510-32-5375 Vendor: FOXCROFT MEADOWS INC FOXCROFT MEADOWS INC 510-32-6110 FOXCROFT MEADOWS INC 100-33-6110 FOXCROFT MEADOWS INC 100-33-6110 Vendor: FRY,ROBERTJ FRY, ROBERTJ 510-35-5370 Vendor: GRAINGER GRAINGER 510-32-5375 Vendor: IN -PIPE TECHNOLOGY COMPANY INC IN -PIPE TECHNOLOGY 510-32-5110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 510-32-5370 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 510-35-5370 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-5370 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-32-6110 Expense Approval Register #2 LIST OF BILLS COUNCIL MEETING 5/2/16 Description (Item) Payable Number Post Date Amount hitch 778570 04/30/2016 92.54 Vendor ADAMS ENTERPRISES INC, R A Total: 92.54 seals C08081 04/30/2016 450.91 Vendor CASEY EQUIPMENT COMPANY Total: 450.91 modified binder 10520 04/30/2016 295.20 modified binder 10520A 04/30/2016 387.45 modified binder 10520B 04/30/2016 361.35 modified binder 10520C 04/30/2016 201.60 modified binder 10520D 04/30/2016 194.40 modified binder 10525 04/30/2016 376.20 modified binder 10525A 04/30/2016 195.30 modified surface 10525B 04/30/2016 177.32 modified binder 10532 04/30/2016 361.35 modified binder 10532A 04/30/2016 363.60 modified binder 10532B 04/30/2016 361.35 modified surface 10539 04/30/2016 434.20 modified surface 10539A 04/30/2016 422.76 modified surface 10539B 04/30/2016 215.28 modified surface 10539C 04/30/2016 426.40 Vendor CURRAN CONTRACTING COMPANY Total: 41773.76 Non -potable water pump 1003622 04/30/2016 727.28 Vendor DREISILKER ELECTRIC MOTORS INC Total: 727.28 4-Straw Bales 50295 04/30/2016 24.00 topsoil. vendor ticket# 50314 04/30/2016 196.00 topsoil. vendorticket# 50326 04/30/2016 98.00 Vendor FOXCROFT MEADOWS INC Total: 318.00 decals 2016108 04/30/2016 112.00 Vendor FRY, ROBERT J Total: 112.00 Pulley alignment tool 9084309096 04/30/2016 1,162.00 Vendor GRAINGER Total: 1,162.00 In -Pipe monthly service fee 16224 04/30/2016 8,000.00 Vendor IN -PIPE TECHNOLOGY COMPANY INC Total: 81000.00 Brake parts 3002351237 04/30/2016 265.54 Vendor INTERSTATE BILLING SERVICE INC Total: 265.54 stock order 4848496 04/30/2016 234.38 Vendor KIMBALL MIDWESTTotal: 234.38 switch 11040244 04/30/2016 392.73 Vendor MCCANN INDUSTRIES INC Total: 392.73 Total nitrogen test 1601725 04/30/2016 60.00 4/27/2016 11;28:46 AM Expense Approval Register Vendor Name Account Number MCHENRYANALYTICALWATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-31-5110 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 100-33-5370 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-30-6210 Vendor: MUNICIPAL FLEET MAINTENANCE ASSOC MUNICIPAL FLEET 100-33-5430 Vendor: NORTHWEST TRUCKS INC NORTHWEST TRUCKS INC 510-35-5370 Vendor: OTTER SALES &SERVICE INC OTTER SALES & SERVICE INC 100-33-5370 Vendor: PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC PETROLIANCE LLC Packet: APPKT00436 - total nitrogen test Description (Item) Payable Number Post Date Amount total nitrogen test 1601726 04/30/2016 60.00 Total nitrogen test 1601727 04/30/2016 120.00 Fluorides - inv#1601728 1601728 04/30/2016 60.00 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: 300.00 nozzle M16643 04/30/2016 Vendor MIDWEST HOSE AND FITTINGS INC Total: Envelopes for PW 85960 04/30/2016 Vendor MINUTEMAN PRESS OF MCH Total: Membership for Matt- 2016ANNUALDUES 04/30/2016 Vendor MUNICIPAL FLEET MAINTENANCE ASSOC Total: gaskets 366388 04/30/2016 Vendor NORTHWEST TRUCKS INC Total: mower parts P160821 04/30/2016 Vendor OTTER SALES & SERVICE INC Total: 510-35-5370 fuel 9770872 100-33-5370 fuel 9770874 510-35-6250 Fuel 9772059 510-32-6250 Fuel 9772087 510-31-6250 Fuel 9772088 100-33-6250 Fuel 9772090 Vendor: POMPS TIRE SERVICE INC POMPS TIRE SERVICE INC 510-35-5370 Vendor: RAMIREZ, ESTEBAN RAMIREZ, ESTEBAN 510-35-4510 Vendor: REICHE'S PLUMBING SEWER RODDING CORP REICHE'S PLUMBING SEWER 510-31-5110 REICHE'S PLUMBING SEWER 510-31-5110 REICHE'S PLUMBING SEWER 510-31-5110 Vendor: SEILER INSTRUMENT MANUFACTURING CO SEILER INSTRUMENT 510-35-6110 Vendor: TRAFFIC CONTROL &PROTECTION INC TRAFFIC CONTROL & 100-33-6110 Vendor: TREDROC TIRE/ANTIOCH 002 TREDROC TIRE/ANTIOCH 002 100-33-5370 Vendor: WELCH BROS INC WELCH BROS INC 100-33-6110 tires 640040677 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 04/30/2016 Vendor PETROLIANCE LLC Total: 04/30/2016 Vendor POMPS TIRE SERVICE INC Total: Clothing Allowance FY15/16 INV0002015 04/30/2016 Vendor RAMIREZ, ESTEBAN Total: Replace Meter Yoke at1615 4/12/16 04/30/2016 Replace Meter Yoke at1703 4/12/16A 04/30/2016 Replace Meter Yoke at 1612 4/13/16 04/30/2016 Vendor REICHE'S PLUMBING SEWER RODDING CORP Total: GPS Correct Honorary Street signs tires 36" FLAT CONCRETE TOP 1NV-337414 04/30/2016 Vendor SEILER INSTRUMENT MANUFACTURING CO Total: 86350 04/30/2016 Vendor TRAFFIC CONTROL &PROTECTION INC Total 312366 04/30/2016 Vendor TREDROCTIRE/ANTIOCH 002 Total: 1552428 04/30/2016 Vendor WELCH BROS INC Total: Grand Total: 42.30 71.31 71.31 30.00 30.00 34.10 34.10 750.00 197.02 2,708.71 236.15 386.54 111.98 396.31 4,036.71 140.00 140.00 270.01 270.01 155.00 240.00 265.00 660.00 395.00 395.00 673.45 673.45 9.00 85.00 85.00 24,026.02 4/27/2016 11;28:46 AM Expense Approval Register Packet: APPKT00436 - 36" FLAT CONCRETE TOP Fund 100 - GENERAL FUND 510- WATER/SEWER FUND Fund Summary Grand Total: Expense Amount 10,770*02 13,256,00 24,026.02 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 2, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development RE: Conditional use permit to allow a tavern at 3515 Diamond Drive and a Variance from the Off -Street Parking and Loading Requirements for Diamond Plaza (3501-3525 Diamond Drive) ATT: 1. Location Map 2. Unapproved Planning and Zoning Commission Minutes dated March 23, 2016 3. Parking at Diamond Plaza Shopping Center (2009-2014) 4. Ordinance approving a conditional use permit to allow a tavern at 3515 Diamond Drive and variance from the off-street parking and loading requirements for Diamond Plaza Shopping Center (3501-3525 N Richmond Road) 5. Application Packet BACKGROUND AND DESCRIPTION OF REQUEST: Diamond Plaza was constructed in 2008 and contains a Dunkin Donuts Restaurant w/drive-thru facility; Verizon Wireless Store and Marine Corps Recruiting Center. The applicant is requesting a conditional use permit to allow a tavern at 3515 Diamond Plaza, in the current space where the Marine Corps Recruiting Center. The applicant is also seeking a variance from the off-street parking and loading requirements for Diamond Plaza Shopping Center to accommodate the tavern use. ANALYSIS: Conditional Use Permit Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping center in question, as well as Northgate West Shopping Center, Meijer/Home Depot, Shops at Fox River and McHenry Towne Shopping Centers all contain a diverse selection of retail; restaurant and service -oriented land uses and the proposed tavern will provide an additional element to complement the existing uses and is appropriately situated along a commercial highway corridor. The applicant operates a video gaming cafe similar to Stella's 1 C UT or TMC iax RrvZRI� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us and Betty's Bistro, located within McHenry Plaza and McHenry Grounds Shopping Centers respectively. The applicant, as detailed in their narrative, has vast experience operating this type of business. The proposed tavern, with varying hours from Verizon and Dunkin Donuts, which occupies approximately 3,400 square feet and 2,100 square feet respectively of the total 7,142 square feet within this center, will draw additional traffic to the center benefiting the existing uses. Additionally, at times when Verizon and other land uses in adjacent centers, particularly Northgate West Shopping Center are closed, the proposed tavern will promote in sustaining the vitality of the center and the Richmond Road Corridor. With the vacancies currently existing in Northgate West Shopping Center, the proposed use will provide another incentive to attract more tenants to the area and specifically that center. Parking Variance Diamond Plaza currently has 43 parking spaces and, in accordance with the City's zoning ordinance is classified as a shopping center; therefore, the following regulations are applicable: PARKING FOR SHOPPING CENTERS The number of parking spaces required for retail and personal service uses located in a shopping center shall be as provided for shopping centers in Table 13 rather than the sum of the spaces required for the individual uses. Except that the number of spaces for restaurants, taverns, and drive-in facilities located in a shopping center, and for any establishment occupying over 50 percent of the gross leasable area of the center, shall be as provided in Table 13 for these individual uses and shall be added to the number of spaces required under the provisions for shopping centers for the balance of the uses in the center. As previously stated the shopping center on the subject property was constructed in 2008 and is in compliance with the parking requirements in the zoning ordinance: Verizon and Marine Corps units require 16 spaces and Dunkin Donuts requires 27 parking spaces. Lacey's Place is a tavern which requires 10 parking spaces/1,000 square feet of net floor area; therefore 12 parking spaces are required for Lacey's Place. Therefore, a total of 51 spaces are required and a variance of eight spaces is being requested to accommodate Lacey's Place. There is some opportunity for shared parking between Verizon and Dunkin Donuts/Lacey's Place, meaning parking demand varies by day and time and having a mixture of different uses with varying operational hours and days allows the center to function efficiently even with a shortage of required parking. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Included at the end of this supplement are six aerial photographs of Diamond Plaza Shopping Center spanning from 2009-2014, and it is clear from these photographs there is sufficient parking at the subject property particularly at the northern end of the center. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approval (6-0) of a Conditional Use Permit to allow a tavern at 3515 Diamond Drive and a Variance from the Off -Street Parking and Loading Requirements for Diamond Plaza Shopping Center (3501-3525 Diamond Drive). If the City Council concurs with the Planning and Zoning Commission, it is recommended the attached ordinance granting a conditional use permit to allow a tavern at 3515 Diamond Drive and an eight (8) space parking variance from the off-street parking and loading requirements for Diamond Plaza Shopping Center (3501-3525 Diamond Drive) be approved. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP: DIAMOND PLAZA SHOPPING CENTER .L 1 r y 4 ".+ IF * f ` ► .i ♦ 1 FIFO Frio FIX IF a I IN 10, IF Fro M, o fI I M%&) FM � �' 1 — o s 9 =_ ._ ww__ loll) r . — Diamond Plaza Shopping Center Northgate West Shopping Center u4 Shops at Fox River Shopping Center Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP: DIAMOND PLAZA SHOPPING CENTER (PROPOSED LOCATION OF LACEY'S PLACE) Proposed Location of Lacey's Place 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City of McHenry Unapproved Planning and Zoning Commission Minutes March 23, 2016 Chairman Strach called the March 23, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Absent: Vallez. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. Public Hearing: Lacey's Place Series McHenry File No. Z-889 3515 Diamond Drive Conditional use permit to allow a tavern (3515 Diamond Drive) and a Variance from the Street Parking Parking and Loading Requirements for Diamond Plaza (3501-3525 Diamond Drive) Chairman Strach called the Public Hearing to order at 7:35 p.m. regarding File No Z-889, an application for a Conditional use permit to allow a tavern (3515 Diamond Drive) and a Variance from the Off -Street Parking and Loading Requirements for Diamond Plaza (3501-3525 Diamond )rive) as submitted by Lacey's Place Series McHenry for the property located at 3515 Diamond Drive, McHenry, IL. Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 8, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. In attendance was Jeff Remberger, 701 Laurel, Highland, IL 62249, son of the applicant, who was sworn in by Chairman Strach. Mr. Remberger provided a summary of the request before the Commission at this Hearing stating the applicant is requesting a variance in order to run a video gaming tavern at 3515 Diamond Dr. Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Director of Economic Development Martin provided the Commission with the Staff Report regarding this matter stating Diamond Plaza was constructed in 2008 and contains a Dunkin Donuts Restaurant w/drive-thru facility, Verizon Wireless Store and Marine Corps Recruiting Center. The applicant is requesting a conditional use permit to allow a tavern at 3515 Diamond Plaza, in the current space where the Marine Corps Recruiting Center is now. The applicant is also seeking a variance from the off-street parking and loading requirements for the entire Diamond Plaza Shopping Center to accommodate the tavern use. Betty's Bistro requested and received approval for a tavern and a parking variance at the McHenry Grounds Shopping Center. Staff believes the proposed tavern use is an appropriate land use for the subject property. The shopping center in question, as well as Northgate West Shopping Center, Meijer/Home Depot, Shops at Fox River and McHenry Towne Shopping Centers all contain a diverse selection of retail; restaurant and service -oriented land uses and the proposed tavern will provide an additional element to complement the existing uses and is appropriately situated along a commercial highway corridor. The applicant operates a video gaming cafe similar to Stella's and Betty's Bistro, located within McHenry Plaza and McHenry Grounds Shopping Centers respectively. The applicant, as detailed in their narrative, has vast experience operating this type of business. Reviewing the requirements in Table 31 of the zoning ordinance, staff believes the proposed project will not produce any additional adverse impacts than would any other permitted use in the C-5 zoning district. As previously stated, all the shopping centers along north Richmond Road offer a diverse business mix. The proposed tavern, with varying hours from Verizon and Dunkin Donuts, which occupies approximately 3,400 square feet and 2,100 square feet respectively of the total 71142 square feet within this center, will draw additional traffic to the center benefiting the existing uses. Additionally, at times when Verizon and other land uses in adjacent centers, particularly Northgate West Shopping Center are closed, the proposed tavern will promote in sustaining the vitality of the center and the Richmond Road Corridor. With the vacancies currently existing in Northgate West Shopping Center, the proposed use will provide another incentive to attract more tenants to the area and specifically that center. Diamond Plaza currently has 43 parking spaces and, in accordance with the City's zoning ordinance is classified as a shopping center and the regulations for parking space requirements were explained. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Verizon and Marine Corps units require 16 spaces and Dunkin Donuts requires 27 parking spaces. Lacey's Place is a tavern which requires 10 parking spaces/1,000 square feet of net floor area; therefore 12 parking spaces are required for Lacey's Place. Therefore, a total of 51 spaces are required and a variance of eight spaces is being requested to accommodate Lacey's Place. There is some opportunity for shared parking between Verizon and Dunkin Donuts/Lacey's Place, meaning parking demand varies by day and time and having a mixture of different uses with varying operational hours and days allows the center to function efficiently even with a shortage of required parking. Six aerial photographs of Diamond Plaza Shopping Center spanning from 2009-2014 were presented showing clearly from these photographs there is sufficient parking at the subject property particularly at the northern end of the center. None of the circumstances creating the need for the requested variance was caused by or a direct result of any action taken by the applicant and the requested variance, if granted, will not alter the local character or adversely impact public, health, safety or welfare. Finally, the variance is consistent with the general purpose and intent of the comprehensive plan and zoning ordinance. Director of Economic Development Martin stated Staff does not have any concerns with the parking variance. Both the conditional use permit and parking variance can be considered contemporaneously because a parking variance is required in order for the proposed tavern to be able to locate within the shopping center. Director of Economic Development Martin stated Staff is recommending Approval of a conditional use permit to allow a tavern at 3515 Diamond Drive and approval of a parking variance of eight spaces for Diamond Plaza Shopping Center, and Staff finds all requirements in Tables 31 and 32 of the zoning ordinance have been satisfied. Chairman Strach invited questions and/or comments from the Commission. Commissioner Thacker asked the establishment's hours and days open. Mr. Remberger stated typical hours would be 7:00 am-2:00 am but it will depend on the specific liquor license restrictions and Sunday hours are usually different. Director of Economic Development Martin asked Mr. Remberger if the establishment would be open strictly as a cafe when liquor is unable to be served due to the liquor requirements. Mr. Remberger responded that is a possibility, stating this location will be serving Home Run Inn Pizza and craft beer which is different than other establishments. They hope also to try operating a legitimate bar system with beer on rotation which would be a different concept. It was explained the early start time helps accommodate areas where there are businesses which operate with 3 shifts of workforce. E Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Commissioner Doherty asked for an explanation of the difference between being called a tavern or just serving beer and wine. Director of Economic Development Martin stated it really is a matter of whether the establishment is considered a tavern or a restaurant, which is defined by whether there are more sales for food or alcohol. Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:50 p.m. Motion by Thacker, seconded by Sobotta, to recommend to the City Council with regard to File No. Z-889, approval of an application for a conditional use permit to allow a tavern at 3515 Diamond Drive and approval of a parking variance of eight spaces for Diamond Plaza Shopping Center be granted and that all requirements in Tables 31 and 32 of the Zoning Ordinance have been met. Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: Vallez. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-889 at 7:52 p.m. {J Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us PARKING AT DIAMOND PLAZA SHOPPING CENTER (2009-2014) 2014 2013 2012 ffffff 141� r .'.'.. u aaa 2010 2009 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO 16- AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW A TAVERN AT 3515 DIAMOND DRIVE AND A VARIANCE FROM THE OFF-STREET PARKING AND LOADING REQUIREMENTS FOR THE PROPERTY LOCATED AT 3501-3525 DIAMOND DRIVE (DIAMOND PLAZA SHOPPING CENTER) IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by Lacey's Place Series McHenry, 1903 N Neil Street Suite C. Champaign, IL 62025("Applicant") requesting a Conditional Use Permit to allow at a Tavern at 3515 Diamond Drive and Variance from the Off -Street Parking and Loading Requirements at 3501-3525 Diamond Drive legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on March 23, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit and Variance (&0); and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Cononal Use Permit and Variance is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a Variance of eight (8) parking spaces from the requirements set forth for taverns in the Off -Street Parking and Loading requirements in the zoning ordinance and a Conditional Use Permit to allow a tavern at 3515 Diamond Drive, SECTION 2: In granting said Variance the City Council finds that the requirements of Table 32 of the Zoning Ordinance have been met in that: 11 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 1. Special circumstances exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. 2. The special circumstances referenced herein relate only to the physical character of the land or building(s) for which the variance is sought, such as dimension, topography, or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, not to the personal, business, or financial circumstances of such owner or tenant or any other party with interest in the property. 3. The special circumstances that are the basis for the variance have not resulted from any act of the applicant or of any other party with interest in the property. 4. The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. 5. A Variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district. 6. The granting of a Variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without the variance the applicant will be deprived of any reasonable use or enjoyment of the property. 7. The granting of a Variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. 8. The granting of a Variance will be in harmony with the general purpose and intent of the Zoning Ordinance and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption. 9. The Variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us SECTION 3: In granting said Conditional Use Permit the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 4: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 5: 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 6: 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 DAY OF . 2016 AYES: NAYS: 13 ABSTAINED: NOT VOTING: APPROVED THIS CITY CLERK Department of Community & Economic Development McHenry Municipal Center DAY OF , 2016 MAYOR 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us H�RT or �Mc TUX O�/ Exhibit A Legal Description of the Subject Property Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 15 Lacey's Place is a management group of liquor pouring establishments with video gaming terminals, offering services to help generate revenue for our clients, the municipalities they reside in, and the state of Illinois. The managing members have over 30 years' of experience in the industry and are very well experienced in this type of business. The efforts in the creation of Lacey's Place have served to yield a detailed plan that encompass the necessary elements required to succeed in today's competitive video gaming environment. The focus of Lacey's Place is to provide a gaming venue that allows adults to use our facilities for their fun and entertainment. Intense market research and target market evaluation suggest Lacey's Place is ideally situated to cater to an unfulfilled market segment. Additionally, years of operational and marketing experience have been organized and documented to create a comprehensive blueprint for success. Proven marketing techniques and operational systems will allow management to be proactive rather than reactive to the conditions and obstacles associated with opening a new gaming parlor concept. Lacey's Place has repeatedly crafted gaming parlor establishments that provide a significant revenue boost to the local municipalities, while ensuring a quality work environment for numerous employees. Through our experience and expertise in the gaming parlor industry, our company has founded the highest volume retail establishment in the entire State of Illinois. On average, we estimate that a municipality can expect approximately $40,000 per year for their portion of the revenue share, with sales tax.and city fees also being contributed. In addition, each facility operated by Lacey's Place spends about $72,000 per year on local employment for each establishment In closing, we feel the business plan for Lacey's Place represents a realistic expectation of success. Moreover, we will be providing a benefit to the community by providing a great product to your city, municipality, and the entire state of Illinois. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-889 333 South Green Street Mcllenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Name of Applicant Lacey's Place Series McHenry Tel 618-781-1521 Address 1903 N Neil Street, Suite C City Champaign StatelL Zip 62025 Marietti Properties Illinois, LLC Name of Property Owner c/o Nicholas Marietti (If other than Applicant) Address 849 North Franklin Street, Unit 1018 City Chicago State IL 3. Name of Engineer Ben V. Mammina AIA, ALA (If represented) Address 80 Main Street Zip 60610 City Lemont StatelL Zip60439 4. Name of Attorney (If represented) Address N/A I�FTi3 Tel 312-863-1207 Fax Tel 630-968-6680 Fax Tel Fax 5. Common Address or Location of Property 3515 Diamond Drive, McHenry, IL 660051 5. Requested Action(s) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit X Zoning Variance _Other Zoning Variance —Minor Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. Page 1 of 3 7. Current Use of Property Multi -Unit Retail Center 8. Current Zoning Classification of Property, Including Variances or Conditional Uses Zone C-5 (highway commercial) variance: ORD-07-1398 (Drive Thru) 9. Current Zoning Classification and Land Use of Adjoining Properties - . North: North C-5 Highway commercial -vacant land and commercial financial . � South: South C-5 Highway commercial -commercial retail and EEstate -vacant land East: East C-5 Highway commercial -commercial retail West: West C-5 Highway commercial -vacant land 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. Application Fee (amount) $ Narrative Description of Request FORM A —Public Hearing Application FORM B —Zoning Map Amendment (Rezoning) Application FORM C —Conditional Use Application FORM D —Zoning Variance Application . FORM E —Use Variance Application Proof of Ownership and/or Written Consent from Property Affidavit Plat of Survey with Legal Description List of Owners of all Adjoining Properties Public Hearing Notice Sign (Provided by the City, to be posted by the Applicant) Site Plan Landscape Plan Architectural Rendering of Building Elevations Performance Standards Certification. Traffic Analysis School Impact Analysis Owner in the Form of an FORM A Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders . � or limited partners owning in excess of five percent of the outstanding stock or interest in the . � corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinances) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicants) Print Name and Designation of Applicants) Jeffery Rehberger (Tenant) �" � FORMA Page 3 of 3 FORM C CONDITIONAL USE PERMIT Planning and Zoning Commission City of McHenry File Number Z-889 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordin��g provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates to your request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. No additional traffic will result invariance. If variance grated, actual use will be 50% of granted of granted variance based on other locations owned by the applicant 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. Any adverse effects of noise, glare, odor, dust, was disposal, blockage of light or air, or other adverse environmental effects of a type of degree not characteristic of permitted use in the zoning district have been appropriately controlled. 3. Neijzhborhood Character The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. No, use similar and consistent with existing retail tenants FORM C Page 1 of 2 4 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. No, use similar and consistent with existing retail tenants, similar use approved with no impact. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. No, use similar and consistent with existing retail tenant, similar use approved with no impact to public safety or health. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. Limited impact on traffic and parking and tenant use has already approved in McHenry previously. FORM C Page 2 of 2 FORM D ZONING VARIANCE Planning and Zoning Commission City of McHenry File Number ZmMW 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 32 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. • _ Please respond to each of these conditions as it relates to your request. 1. Special Circumstances Not Found Elsewhere Special circumstances exist that are particular to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district; and these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them. Actual use and parking requirements are materially less than both classification required by code. Subject tenant is a bar serving pre -packed food. 2. Circumstances Relate to Property Only Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography, or soil conditions; and they do not concern any business or activity the present or prospective owner or tenant carries on or seeks to carry on therein, or to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property. No, change to surrounding area in either short or long term. No physical changes planed for property or surrounding area. FORM D Page 1 of 3 3. Not Resulting from Applicant Action The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property. Request made dut to nature of business as a tavern. 4. Unnecessary Hardship The strict application of the provisions of the Zoning Ordinance would result in unnecessary and undue hardship upon the applicant, as distinguished from a mere inconvenience. Without variance tenant will be unable to fulfill lease obligations and will leave space vacant, unimproved and unoccupied 5. Preserves Rights Conferred by District A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by - other properties in the same zoning district, and does not confer a special privilege ordinarily denied to other properties in the district. Without variance property owner will suffer continued vacancy in property and economic pressure to meet financial obligations including taxes at all levels . - 6. Necessary for Use of Property The granting of a variance is necessary not because it will increase the applicant's economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use ar enjoyment of the property. Without variance, tenant will be unable to operate business and fulfill contractual obligation of lease •� � Page 2 of 3 7. Not Alter Local Character The granting of a variance will not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity. . No, similar use has previously been approved in the City of McHenry 8. Consistent with Zoning Ordinance and Comprehensive Plan The granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance and Comprehensive Plan of the City, as viewed in light of any changes conditions since their adoption. Yes, the applicant is a retail tenant whose similar use has already been approved by the City of McHenry. 9. Minimum Variance Required The variance requested is the minimum required to provide the applicant with reasonable use and enjoyment of the property. Yes, actual projected parking use is only 50% of required variance granted. FORM D Page 3 of 3 ny5.57/ l \ , 1 1 1 t�q f 3\1 DO IUD ��,1 i� 1 ns i St5� O / s � �40 O/ 43 w o / / 1,9 N�7e21 LOT20 am' Li t z ipt L 1 zezJz. 1,010 E 7 zsZ89, SURVEYOR'S NOTES Srwl r• t' = 30' LEGEND • FOUND IRON BAR ®SET IRON BAR ® FOUND NAIL ®SEi NNL ® FOUND SPIKE ® SEr SPIKE 8 FOUND CROSS ® SEr CROSS O FOUND IRON PIPE ® FOUND MONUMENT iTAPPEN Ta'S�'.ALTA/AGSM LAND TITLE SURVEY EYING & Lot 21 In North Gate Development West, a Subdivision of part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 45 North, Range 8, GINEEIUN a East of the Third Principal Meridian, according to the Plot thereof, recorded Ms 1e04 R December 10, 2002 as Document No. 2002RO116571 in McHenry County, Illinois. NC" 00/ 47 1' 41� 1� LOT 21 6 1 ,5is } SO. FT. z C 1.U92 ACRES "NO.BUILDINGS" � J 1) The legal description hereon have been provided end utility eeeemenfe shown by Chicago Title.insutence Company, Commitment policy j11409 st6088444 KNC dated February 22, 2007. The title information shown hereon ie exclusively thnt provtded to the Surveyor by the Title Insurer or the client. The Surveyor does not warrant the exact location of the Utility Easements shown hereon, but does state that they are located as accurately as possible from the information provided. IENT: DIAMOND de LESUER, P.C. RA11N BY: RSM CHOCKED HY: W.iV 2) The underground utilities shown have been located from visible field evidenceand existing drawings, maps and records supplied to Surveyor. The Surveyor makes no guarantees that the underground utilities shown comprise. aR such utilities is the area, either is service or abandoned. The Surveyor further does not warrant that CLthe underground utilities sheare in the exact location Dindicated, although he does certify that they are located SCALE: 1"=30' SEC. 23 T. 45 g, OB E, as accurately as possible from available information. The BASIS OF BRAKING: PER RECORD SUBDIVISION Surveyor has physically located visible structures; however, he has not physically located the underground lines. P.I.N.: 09-23-127-001 70H NO.: 070187 I.D. AL 8) According to note on Final Plat of North Gate FIEMWORE COMP.: 3 6 0 Hg, 5588 PG, 62 Development hest "No direct access to illiaois State Route ALL DWM= WOW INmmMa FW AD81 or F:A. Route 201 will be permitted from any lots". MIS n*XW 0YUNDRD 10 e6 F. �: OlaBea i CIRCUIT COURT CASE #73-3756 SEAT& OF ILLIIl0I3 ) S.S. COfffiT7 OF Mc136trBY) CertUiad to: Chicago Title Instance Company Dated this 22et day of perch, A.D., 2007, 1 1 1 , 1 �ao.00 " \ , \ 1 1 1 N \ PC , O1� 1 m � , W 1 1 , 1 �jt 1 1 \ \ \ \ t ' , 1 , i 1 1 1 11 1 1 1 1 l 1 1 � 1 1 1 1 1 I � 1 1 1 1 1 1 11 I LEGEND • FOUND IRON BAR ®SET IRON BAR ® FOUND NAIL ®SEi NNL ® FOUND SPIKE ® SEr SPIKE 8 FOUND CROSS ® SEr CROSS O FOUND IRON PIPE ® FOUND MONUMENT iTAPPEN Ta'S�'.ALTA/AGSM LAND TITLE SURVEY EYING & Lot 21 In North Gate Development West, a Subdivision of part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 45 North, Range 8, GINEEIUN a East of the Third Principal Meridian, according to the Plot thereof, recorded Ms 1e04 R December 10, 2002 as Document No. 2002RO116571 in McHenry County, Illinois. NC" 00/ 47 1' 41� 1� LOT 21 6 1 ,5is } SO. FT. z C 1.U92 ACRES "NO.BUILDINGS" � J 1) The legal description hereon have been provided end utility eeeemenfe shown by Chicago Title.insutence Company, Commitment policy j11409 st6088444 KNC dated February 22, 2007. The title information shown hereon ie exclusively thnt provtded to the Surveyor by the Title Insurer or the client. The Surveyor does not warrant the exact location of the Utility Easements shown hereon, but does state that they are located as accurately as possible from the information provided. IENT: DIAMOND de LESUER, P.C. RA11N BY: RSM CHOCKED HY: W.iV 2) The underground utilities shown have been located from visible field evidenceand existing drawings, maps and records supplied to Surveyor. The Surveyor makes no guarantees that the underground utilities shown comprise. aR such utilities is the area, either is service or abandoned. The Surveyor further does not warrant that CLthe underground utilities sheare in the exact location Dindicated, although he does certify that they are located SCALE: 1"=30' SEC. 23 T. 45 g, OB E, as accurately as possible from available information. The BASIS OF BRAKING: PER RECORD SUBDIVISION Surveyor has physically located visible structures; however, he has not physically located the underground lines. P.I.N.: 09-23-127-001 70H NO.: 070187 I.D. AL 8) According to note on Final Plat of North Gate FIEMWORE COMP.: 3 6 0 Hg, 5588 PG, 62 Development hest "No direct access to illiaois State Route ALL DWM= WOW INmmMa FW AD81 or F:A. Route 201 will be permitted from any lots". MIS n*XW 0YUNDRD 10 e6 F. �: OlaBea i CIRCUIT COURT CASE #73-3756 SEAT& OF ILLIIl0I3 ) S.S. COfffiT7 OF Mc136trBY) CertUiad to: Chicago Title Instance Company Dated this 22et day of perch, A.D., 2007, 1 1 1 , 1 �ao.00 " \ , \ 1 1 1 N \ PC , O1� 1 m � , W 1 1 , 1 �jt 1 1 \ \ \ \ t ' , 1 , i 1 1 1 11 1 1 1 1 l 1 1 � 1 1 1 1 1 I � 1 1 1 1 1 1 11 I iTAPPEN Ta'S�'.ALTA/AGSM LAND TITLE SURVEY EYING & Lot 21 In North Gate Development West, a Subdivision of part of the Southeast Quarter of the Northeast Quarter of Section 23, Township 45 North, Range 8, GINEEIUN a East of the Third Principal Meridian, according to the Plot thereof, recorded Ms 1e04 R December 10, 2002 as Document No. 2002RO116571 in McHenry County, Illinois. NC" 00/ 47 1' 41� 1� LOT 21 6 1 ,5is } SO. FT. z C 1.U92 ACRES "NO.BUILDINGS" � J 1) The legal description hereon have been provided end utility eeeemenfe shown by Chicago Title.insutence Company, Commitment policy j11409 st6088444 KNC dated February 22, 2007. The title information shown hereon ie exclusively thnt provtded to the Surveyor by the Title Insurer or the client. The Surveyor does not warrant the exact location of the Utility Easements shown hereon, but does state that they are located as accurately as possible from the information provided. IENT: DIAMOND de LESUER, P.C. RA11N BY: RSM CHOCKED HY: W.iV 2) The underground utilities shown have been located from visible field evidenceand existing drawings, maps and records supplied to Surveyor. The Surveyor makes no guarantees that the underground utilities shown comprise. aR such utilities is the area, either is service or abandoned. The Surveyor further does not warrant that CLthe underground utilities sheare in the exact location Dindicated, although he does certify that they are located SCALE: 1"=30' SEC. 23 T. 45 g, OB E, as accurately as possible from available information. The BASIS OF BRAKING: PER RECORD SUBDIVISION Surveyor has physically located visible structures; however, he has not physically located the underground lines. P.I.N.: 09-23-127-001 70H NO.: 070187 I.D. AL 8) According to note on Final Plat of North Gate FIEMWORE COMP.: 3 6 0 Hg, 5588 PG, 62 Development hest "No direct access to illiaois State Route ALL DWM= WOW INmmMa FW AD81 or F:A. Route 201 will be permitted from any lots". MIS n*XW 0YUNDRD 10 e6 F. �: OlaBea i CIRCUIT COURT CASE #73-3756 SEAT& OF ILLIIl0I3 ) S.S. COfffiT7 OF Mc136trBY) CertUiad to: Chicago Title Instance Company Dated this 22et day of perch, A.D., 2007, 1 1 1 , 1 �ao.00 " \ , \ 1 1 1 N \ PC , O1� 1 m � , W 1 1 , 1 �jt 1 1 \ \ \ \ t ' , 1 , i 1 1 1 11 1 1 1 1 l 1 1 � 1 1 1 1 1 I � 1 1 1 1 1 1 11 I Office of the City Administrator Derik Morefield McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: May 2, 2016 Regular City Council meeting RE: Request for a Class Al Liquor License Lacey's Place LLC Series McHenry d/b/a Lacey's Place located at 3515 Diamond Drive and an Ordinance amending Municipal Code Chapter 4 increasing the number of Class Al liquor licenses from two to three. ATT: Application Floor Plan/Marketing Brochure Ordinance Mr. Jeff Rehberger, President of Lacey's Place LLC Series McHenry d/b/a Lacey's Place submitted an application for a Class Al liquor license in conjunction with a video cafe in the Diamond Plaza located at 3515 Diamond Drive (former site of the US Marine Recruiting )ffice), The Class Al liquor license permits the service of beer and wine for consumption on premises with service at a bar and tables, and the retail sale of packaged beer and wine. As a point of reference, the owners of Stuc's Pizza and Lucky Louise's hold Class Al liquor licenses. The applicant, Lacey's Place, is marketed as an establishment that offers Blue Nose beers on draft, fine wines, and packaged beer at retail in conjunction with Video Gaming. The food menu will include products such as Home Run Inn Pizzas, burgers, sandwiches and snacks. All fees have been paid; all required paperwork has been submitted; and Mr. Rehberger and manager Jeffrey Mick have been fingerprinted by McHenry Police. If Council concurs, then it is recommended a motion is considered to a) grant a Class Al liquor license to Lacey's Place LLC Series McHenry d/b/a Lacey's Place located at 3515 Diamond Drive with the requirement that all employees involved in the sale and service of alcoholic liquors obtain State of Illinois BASSET certification; and, b) approve the attached Ordinance increasing the number of Class Al liquor licenses in effect from two (2) to three (3). The Ciry of �LlcHenry is dedicated to providing its citizens, businesses, arzd visitors with dze highest quality of programs and services in a czrstonzer-oriented, efficient, and fiscally responsible manner. License No. I Date Issued Date Effective CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 2015/2016 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE Fee Received Date Received Receipt Issued On Check No. L U Cashier's Chk. Cert. Check Cash NAME OF BUSINESS, ADDRESS, &TELEPHONE #.: LaCey'S Place LLC Series McHenry, 3515 Diamond Drive, McHenry, 1 2. 3. 4. 5. 6. I L. 60051 618-910-0458 Please indicate form of ownership: CORPORATION %� PARTNERSHIP INDIVIDUAL/SOLE PROP. IF CORPORATION: Corporation Name: L2Cey's Place LLC corporate Address: 1903 N. Neil Street, Suite C, Champaign, IL 61820 Corporate Phone Number: State of Incorporation: IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: State of Incorporation: 618-910-0458 Illinois IF INDIVIDUAL/SOLE PROP: Applicant's Full Name: Date of Birth: Residence Address: 7, Home Phone: EI 9. Citizen of U.S.? Business Phone: If a naturalized citizen, when and where naturalized? Court in which (or law under which) naturalized: (A) If ApplicantPARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: Jeffery Rehberger 75%, 1903 N. Neil Street, Suite C, Champaign, IL 61820 618-781-1521 Jeffrey Mick 25% 9304 Hess Rd. Edwardsville, IL 62025 618-407-3638 2012 PAGE TWO 10. If Applicanj,and Local Manager are not the same, give name, address�and . o , Local Manager's: Date of Birth: Place of Birth: 11 Principal Type of Business: Specialty liquor, food & gaming establishment 12. What is current zoning for this property? 13. Type of License Sought: —H' a' I{ 14. Date on which business was begun at this location: Local Manager: Citizen of U.S.? 15. Does applicant own premises for which license is sought? NO If not, state name and address of owner and attach copy of executed lease. Marietti Properties, 849 N. Franklin Street Unit 1018, Chicago, IL 60610 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? Qf applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). 104; 19, Illinois State Liquor License Number: Attached copy of State Liquor License Certificate. V 20. ive applicant's Retailer's Occupational tax (ROT) Registration Number: d2 `1'� C) `/ r' 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: �If this application is for a new license or a transferred license, attach to this Application a copy of A plica is lance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. A. A V 23. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. 24. Describe parking facilities available to the business: A � k''� 25. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? Yes 26. Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? Yes 27. Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? Y2S 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? NO If answer is "YES", give particulars: 29. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the local manager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? NO answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? NO If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of business, alaw-enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? Nn If so, please state name and address of such person: 2012 PAGE THREE a st your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each artner and the local manager— (please attach). 33. Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? No If so, give all details: 34. Has any owners) or members) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? No 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? YeS 36. Have you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? No 37. If so, give all details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee: 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of and/or consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about and/or adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees on the licensed premises. 2012 PAGEFOUR AFFIDAVIT STATE OF ILLINOIS ) ) ss COUNTY OF MCHENRY ) I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant PARTNERSHIP: (Authorized Agent of the Partnership) Signature Print Name Title CORPORATION: (Authorized Agent of Print Name //J�//ll� We u MANAGER: Print Name Subscribed and sworn to before me this NOTARY PUBLIC Subscribed and sworn to before me this An y of NOTARY PUBLIC Subscribed and sworn to before me this NOTARY E` JF.SSICA LOWE Official Seal Notary Public -State of Illinois My Commission Expires Sep 229 2019 this 2012 25'-11" 6'-10" Janitor— e o L r 0 Cl D � N Gaming Storage i D N K 3 BOOK SHELVES ARCHED OPENING BOOK SHELVES I � II __ II Servi l I � — Dining II o ❑0 ❑❑ f 1 L L---_--_-___ 16-2" 8'-2" 0 ❑ ❑ o Bar &Gaming Parlor Floor Plan Lacey's Place Ills MERICA 3515 Diamond Drive, McHenry, IL 0 1' 4' 8' 12' 1 1L April 4, 2016 I 1800 Nations Dr., Suite 201 Phone 847-336-6600 A amarlcaJob No. ,840 Gurnee, Illinois 60031 Fax 847-336-6601 liptilms,7p OM• McHenry, IL �xpenence • Jeff Rehberger Sr: 30+ years in owning, creating, and operating neighborhood bars • Nate: Architect; U of I graduate, designer of • Jordan: Brewmaster —will create seasonal beer rotation • Jeff Rehberger Jr: Markefing Director Blue Nose Brewery Business Model: • Blue Nose Brewery will feature high end craft beers on draft • reatures: — Customer Base: • Ages 2145 — Business Casual environment — Seasonal Beer Rotation — Table Seating — Bar Seating — Staffed by target customer base personnel • All Bassett Trained — Internal Decoration Similar to BNB in Hodgkins — Special Seasonal Events — BNB will be exclusive vendor • Will also retail packaged beer for carry -out — Will feature Home Run Inn pizza line • Additional menu items P 1 4 TRADITIONAL 8ELGMN VIPEL WITH A TWIST dGED ON ORANGEJBLOHONEY A WONDET OF SH HONEY AROMA 96% A8V 11,111Y #Vbb[YF CHIPOTLE STOUT A DRY STOUT WITH A RICH SMOKEY CHARACTER MIXED WITH A HINT OF FRESH CHIPOTLE, AND THE SLIGHTEST TINGLE IN THE BACK OF THE THROAT. REMARKABLY REFRESHING. b% ABV TRUE JUSTICE pole ale world cvar american style lager All beer is custom brewed by Blue Nose 131,UF NCYS7�� , r_ � �� .q f �L Am rA 1 J i Ell 90* i / r f,� f �� r-. I' �T7 _ �,. �� �� .� .tea � G - � -- - � T i "� i �. !i 1 ■ '. .�. `� ,_ � � �� �! � �^ f"7� � r�yr�-y. �_ �„" �r Cheese 12" Small - $12.99 14" Large - $17.99 Sausage or Pepperoni 12" Small - $13.99 14" Large - $18.99 Bacon 12" Small - $14.99 14" Large - $19.99 Ham 12" Small - $14.99 14 Large Margherita Sausage 12" Small - $16.99 14" Large - $21.99 Meat Lovers 12 Small - $16.99 14" Large - $21.99 MM Cheesy Garlic Bread - $8.99 Served with Marinara Sauce Mozzarella Sticks - $8.99 Served with Marinara Sauce Boneless Chicken Wings - $13.99 Served with Ranch and Bleu Cheese Dressing Pepsi Products - $2.99 Free Refills Coffee - $1.99 Free Refills 1 OF Hoagie$6.99 Sliced turkey, ham, salami, and American cheese on a hoagie bun. Chicken Sandwich - $6.99 Country Fried Chicken Sandwich with cheese Sausage Biscuit Sandwich - $6.99 Single beef sausage on a whole grain bun Breaded Fish Sandwich - $6.99 Breaded white fish with American Cheese Cheeseburger - $6.99 Charbroiled beef burger with American Cheese jr Requests from the V*111a • • Issuance of a combined liquor license for the consumption of alcohol on premises, as well as the retail sale of alcohol ORDINANCE NO. MC46 AN ORDINANCE Increasing number of Class Al Liquor Licenses (Lacey's Place) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, as follows: SECTION 1: Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by increasing the number of Class "Al" Liquor Licenses from two (2) to three (3) SECTION 3: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5.: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 2"a day of May 2016. Voting Aye: Voting Nay: Absent: Not Voting: Abstaining: ATTEST: City Clerk Mayor Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: May 2, 2016 Regular City Council Meeting RE: Economic Incentive Agreement between the City of McHenry and McHenry Donuts Inc. for the property located at the southwest corner of Oak Avenue and Front Street (Illinois Route 31) NTT: 1. Location Map 2. Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and McHenry Donuts Inc. 3. Draft Economic Incentive Agreement between the City of McHenry and McHenry Donuts Inc. BACKGROUND: On September 21, 2015 the City Council approved ordinances granting a conditional use permit to allow a drive-in establishment and outdoor seating in conjunction with a restaurant and variances from the off-street parking and loading requirements, landscaping and screening and accessory uses, yards and fences as well as a variance from Chapter Seven Article XI Fences in the City of McHenry Municipal Code to allow a fence in the required corner side yard. The ordinances will permit the construction of a new 2,700 square - foot Dunkin Donuts store, which will be the third Dunkin Donuts in the City of McHenry under the same ownership. 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Dunkin Donuts Elevation (south and east elevations) (Oak and Front) Since receiving approval the franchisee for the McHenry Dunkin Donuts locations has been completing due diligence on the site, which included soil testing to ensure adequate bearing capacity existed to construct the store. Following soil testing the franchisee learned the extent of the poor soil conditions at the subject property, which will require unusable soil to be excavated and removed and new engineered soil/fill to be brought to the site to ensure the building foundation can be properly sustained. The cost of the soil removal and hauling in new engineered fill is estimated to cost $125,000, which is equal to 50% of the purchase price of the site. The franchisee for Dunkin Donuts is under contract and has spoken with his lender and corporate executives at Dunkin Donuts. In order for the project to move forward and to receive financing from the lender and Dunkin Dunkin Donuts corporate the franchisee needs a mechanism to finance at least half or $62,500 of the soil remediation cost. Staff is proposing a sales tax rebate in an amount notAo-exceed $62,500 in order for the project to move forward. Due to the funds already expended -in engineering and architectural fees, in excess of $10,000, the franchisee is seeking assistance to make the project viable and commence construction as opposed to finding a new location and beginning the entitlement process again assuming an alternative site can be found and placed under contract. ANALYSIS: The sales tax rebate request is similar to the request by CVS Pharmacy which enabled CVS Pharmacy to recoup the expense incurred in acquiring the Firestone property as part of their redevelopment of the northwest corner of Front Street and Elm Street. That 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us agreement has a 10-year term, in the form of a sales tax rebate, in an amount not -to -exceed $175,000. The proposed agreement with McHenry Donuts Inc. ("Contract Purchaser/Franchisee") is exclusively to recover of a portion of the expenses associated with the soil remediation work, up to maximum reimbursement of $62,500. The proposed term of the agreement is ten years and includes 100% of the base sales tax or 1% tax of the total gross receipts, as outlined in the table below, and does not include the additional .5% home rule sales tax, which the City will receive from day one throughout the entire term of the agreement and 1.5% following the expiration of the proposed rebate agreement. Sales Incentive Year Sales Tax Incentive Annual Payment Year 1 (December 31, 2017) 100% Base Sales Tax Year 2 (December 31, 2018) 100% Base Sales Tax Year 3 (December 31, 2019) 100% Base Sales Tax Year 4 (December 31, 2020) 100% Base Sales Tax Year 5 (December 31, 2021) 100% Base Sales Tax Year 6 (December 31, 2022) 100% Base Sales Tax Year 7 (December 31, 2023) 100% Base Sales Tax Year 8 (December 31, 2024) 100% Base Sales Tax Year 9 (December 31, 2025) 100% Base Sales Tax Year 10 (December 31, 2026) 100% Base Sales Tax The franchisee intends to invest approximately $910,000 in completing the proposed project: land development, building construction and equipment costs. Given the size of the proposed store the franchisee is estimating annual sales at the subject property to be $624,000 with 10% growth in sales anticipated for years two, three and four after which the sales will plateau. Assuming total sales of $624,000 with no growth factor the franchisee would receive $6,240 (100% of (1%) or base sales tax) annually commencing year one and the City would receive $31120 (100% of (.5%) or home rule sales tax). Assuming no growth and stable revenue, after ten years the franchisee would be rebated $62,400 and after the same ten years the City will have received $31,300. If a 10% growth factor (each year) is included in years two-four, under the same reimbursement scenario the franchisee would be reimbursed $62,500 (maximum rebate) at the beginning of year nine and the City would have received $43,229 following the end of year nine. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us The City Council adopted an Economic Development Strategy in 2011 and below is the evaluation criteria set forth in that policy by which requests such as sales tax rebates should be evaluated. Evaluation Criteria Each request shall be generally evaluated based upon the following criteria. 1. Consistency with the City's Economic Development Plan and Economic Development Strategy. 2. Revenue benefit to the City. 3. Level of circumstances with the property characteristics that create challenges or practical difficulties regarding the development of the site. 4. Number and quality of jobs produced. 5. Strong public benefit to the City. 6. The ability of the development to spur additional economic development in the area. 7. The impact of a proposed development on the existing businesses within the City. 8. Level of applicant's creditworthiness and financial strength. 9. Level of compliance with approved design guidelines and development standards. Staff believes the proposed agreement is justified due to the extraordinary circumstances surrounding the proposed soil conditions. Site work is a normal part of any project however the scope of the work and associated expense is disproportionate to the size of the project. Currently the site has a total property tax assessment of $33,063, of which the City of McHenry receives approximately $323 annually in property tax revenue. If constructed as a 2,700 square foot Dunkin Donuts store the City will receive approximately $1,468 annually. The subject property has been vacant for more than 20 years. Rebates should be considered very closely and on a case by case basis which has been the policy of the City Council. Staff believes the proposed rebate is not excessive and the positive impact the project will have, both financially, aesthetically and also to City residents and businesses far exceed the requested financial incentive. If the City Council concurs it's recommended the attached ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and McHenry Donuts Inc. be approved. Apri126, 2016 ORDINANCE NO. 16- An Ordinance Authorizing the Mayor's Execution of an Economic Incentive Agreement Between the City of McHenry and McHenry Donuts, Inc. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Mayor and City Clerk are hereby authorized to sign the attached Economic Incentive Agreement, bearing the date of May 2, 2016, between the City of McHenry and McHenry Donuts, Inc. SECTION 2: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, 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. Voting Aye: Voting Nay: Absent: Abstain: (SEAL) ATTEST: City Clerk Janice C. Jones Passed: Mayor Susan E. Low Approved: Z:\M\McHenryCityof\Economicl ncentiveAgmtMcHenryDonuts.doc 0 Apri/26, 2016 CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of , 2016, the foregoing Ordinance entitled An Ordinance Authorizing the Mayor's Execution of an Economic Incentive Agreement Between the City of McHenry and McHenry Donuts, Inc., was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a :over sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 2016, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the Ace of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this day of 2016. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois (SEAL) Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Economic Incentive Agreement Between the City of McHenry and McHenry Donuts, Inc. This Economic Incentive Agreement ("Agreement") is made and entered into this 2nd Jay of May, 2016, by and between the City of McHenry, an Illinois home rule municipality ("City") and McHenry Donuts, Inc. ("Contract Purchaser"). A. The property which is the subject of this Agreement is located at the southwest corner of Oak Avenue and Front Street (Illinois Route 31) in McHenry, Illinois 60050 and consists of approximately .54 acres with associated PINS: 09-35-153-008; 09-35-153-009 and 09-35-153-010 ("Subject Property"), legally described as follows. LOTS 11-13 IN BLOCK TWO OF MEADOW LANE SUBDIVISION B. The Subject Property has been vacant for several years. C. The Contract Purchaser is intending to purchase the Subject Property and construct a new 2,700 square -foot Dunkin Donuts store with a drive-thru facility previously approved by the City Council. The Contract Purchaser intends to invest approximately $910,000 including: land development, building construction and equipment costs at the Subject Property ("Total Improvement"). D. In order to move forward with construction of the Total Improvement, the Contract Purchaser is required to undertake site improvements at the Subject Property, described and valued in that certain Budget Proposal of Howard Baker, Inc. dated January 21, 2016 ("Site Improvements"). E. The estimated cost of the Site Improvements is $125,000. In order to make it economically feasible for the Contract Purchaser to move forward with purchasing the Subject Property and completing the Site Improvements to the Subject Property and construction of the Total Improvement, the City desires to share with Contract Purchaser a portion of the Base Sales Tax, as defined herein, generated by the Contract Purchaser at the Subject Property after construction of the Total Improvement in an amount not -to -exceed $62,500 ("Sales Tax Incentive"). F. Definitions. The following definitions shall apply to terms used in this Agreement: Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City, generated solely at the Subject Property and by the Contract Purchaser, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6r18) (as amended), and any taxes that are enacted and imposed as replacements thereto. "Home Rule Sales Tax" means the home rule retailers occupation taxes received by the City from the State of Illinois pursuant to the Home rule Municipal Retailers' Occupation Tax Act (65 ILCS 5/&114.1) (as said Act may be amended), and any taxes that may be enacted and imposed as replacements thereto. "City Payment Obligation" means the City's obligation to pay Contract Purchaser Base Sales Tax as set forth in Paragraph Three and in accordance with the schedule outlined in Table One. "The Commencement Date" means December 31, 2017 and is the first date the City shall pay a Sales Tax Incentive Annual Payment, as defined herein, to the Contract Purchaser as set forth in Paragraphs Three and in accordance with the schedule outlined in Table One. "Event of Default" means a default under this Agreement which remains uncured as set forth in Paragraph Thirteen. "Gross Receipts" means as defined in the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.). "IDOR" means the Illinois Department of Revenue. "Maximum Total Payment Obligation" shall mean the maximum total amount paid to the Contract Purchaser pursuant to this Agreement as set forth in Paragraph J. "Sales Tax Incentive" means the payment set forth in Paragraph Three and in accordance with the Sales Tax Incentive Annual Payment outlined in Table One. "Sales Tax Incentive Annual Payment" expressed as a percentage of Base Sales Tax generated by the Contract Purchaser at the Subject Property. "Sales Tax Incentive Year" means the preceding twelve -months of the calendar year." "Table One" includes the sales tax incentive year and sales tax incentive annual payment as defined herein. 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us G. The Contract Purchaser has indicated to the City that, but for the commitment and agreement of the City being made herein, the Contract Purchaser would not have undertaken and will not undertake the Site Improvements to the Subject Property. H. It is essential to the economic and social welfare of the City that it promotes the economic vitality of the community by assuring opportunities for development and sound and stable commercial growth within the corporate limits of the City. I. In order to make it economically feasible for the Contract Purchaser to agree to purchase the Subject Property, complete the Total Improvement and operate its Dunkin Donuts business at the Subject Property the City has agreed to share a portion of the Base Sales Tax generated by the Contract Purchaser in an amount notAo-exceed $62,500 ("Maximum Total Payment Obligation"). J. The parties hereto agree that the Base Sales Tax being shared hereunder shall only be that Base Sales Tax generated in the future by the Contract Purchaser notAo-exceed the Maximum Total Payment Obligation. Now, therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, it is agreed as follows: 1. Authority. This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution if the State of Illinois. 2. Agreement to Pay. The City agrees to pay a Sales Tax Incentive to the Contract Purchaser in an amount outlined in Table One below. The City's Payment Obligation shall continue for so long as the Contract Purchaser is generating and the City is receiving Base Sales Taxes as defined herein. The Contract Purchaser also acknowledges the Sales Tax Incentive shall be utilized solely for reimbursement for machinery and labor costs incurred in the Site Improvements, not exceeding the Maximum Total Payment Obligation. 3. Evidence of Equipment Purchase and/or Labor Expenditure. The Contract Purchaser acknowledges that prior to any Sales Tax Incentive payment distribution the Contract Purchaser shall provide the City evidence of the expenditure for which reimbursement is being sought including the following information: Paid invoice(s), which includes an itemization of each machinery and labor expenditure; date when labor was completed; company from which labor was completed including name, address and federal tax identification number; a reference on the paid invoice indicating the location of the Subject Property and labor performed or 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us machinery provided on the Subject Property and a sworn affidavit from Contractor Purchaser detailing the machinery and labor costs incurred. 4. Limitation of City Responsibilities. Other than the Sales Tax Incentive agreed to be made pursuant to this Agreement, the City shall have no obligation to incur any expense or share any revenue associated with the Contract Purchaser. 5. Sales Tax Incentive. Commencing on December 31, 2017 and on the anniversary of December 31 every year thereafter, not4o-exceed the Maximum Total Payment Obligation, the City shall pay an economic incentive, in the form of a Sales Tax Rebate, to the Contract Purchaser, in accordance with Table One, below. The Sales Tax Incentive payment shall be paid by the City to the Contract Purchaser following calculation of the amount due but not later than ninety (90) days after the Contract Purchaser produces to the City the Contract Purchaser's Annual Sale Tax Reports, below. Provided, however, no Sales Tax Incentive Annual Payment shall be paid to the Contract Purchaser until such time the Contract Purchaser fully completes the Site Improvements, and an occupancy permit after completion of the Total Improvement is issued ("Occupancy Permit") to the Contract Purchaser. TABLE ONE Sales Tax Incentive Year Sales Tax Incentive Annual Payment (expressed as a percentage of Base Sales Tax up to a Maximum Total Payment Obligation) Year 1 (December 31, 2017) 100% Year 2 (December 31, 2018) 100% Year 3 (December 31, 2019) 100% Year 4 (December 31, 2020) 100% Year 5 (December 31, 2021) 100% Year 6 (December 31, 2022) 100% Year 7 (December 31, 2023) 100% Year 8 (December 31, 2024) 100% Year 9 (December 31, 2025) 100% Year 10 (December 31, 2026) 100% 6. Sales Tax Reports/Accounting. Within ninety (90) days after the end of the twelfth month of each Sales Tax Incentive Year, the Contract Purchaser shall provide the City with a statement, accompanied by a summary of the Gross Receipts for such Sales Tax Incentive Year, in a form reasonably acceptable to the City, signed by one of its officers, which shall set forth ca Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us the dollar amount of Sales Tax paid to the State of Illinois for the benefit of the City during the prior Sales Tax Incentive Year. This information will be used by the City in calculating the Sales Fax Incentive Annual Payment due hereunder. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailer's Occupation Tax Act. The Contract Purchaser shall maintain and have available for inspection by the City copies of any and all sales tax returns, sales tax reports, amendments, proof of payment or any other Sales Fax Information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying Sales Tax Revenue collected pursuant to this Agreement. The City shall use its best efforts to obtain such Sales Tax Information directly from the IDOR or the State of Illinois. 7. Confidentiality of Financial Information. To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by the Contract Purchaser, the Sales Tax information received by the City, but shall be permitted to disclose such information and documents to employees and consultants as the City, in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. The Contract Purchaser understands and agrees that the provisions of this Agreement and any and all payments to the Contract Purchaser pursuant to this Agreement are public records. The Contract Purchaser also agrees to execute any consent form requested by the City and furnish such additional consent, powers of attorney or waivers as may be required by the IDOR to allow the IDOR to furnish to the City Sales Tax Information transacted by the Contract Purchaser at the Subject Property. The City agrees to utilize Sales Tax Information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom of Information Act and other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so by court order or to the extent it makes a good faith determination that such disclosure is required by law. 8. Provisions Concerning Limitation on Debt. The receipt, or anticipated receipt, of Sale Tax Revenue, either directly or indirectly, from the Contract Purchaser's Business of a Dunkin Donuts at the Subject Property, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to rebate money to the Contract Purchaser. 9. Prevailing Wages to be Paid. Pursuant to 820 ILCS 130/0.01 et seq., not less than the prevailing rate of wages, as found by the City or determined by a court on review, shall be paid Fil Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us to all laborers, workers and mechanics performing work under the contract relating to the Site Improvements to the Subject Property. Note that the prevailing rate of wages is revised by the Illinois Department of Labor and are available on the Department's official website. 10. No Interest; Limited Obligations. No interest shall be due on the obligations set forth in this Agreement. The Contract Purchaser acknowledges that: (a) the City shall not be required to make any payments of the Sales Tax Incentive to the Contract Purchaser unless they have then delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out of the Base Sales Taxes the City receives from the IDOR which are attributable to the gross sales generated at the Subject Property after completion of the Total Improvement by the Contract Purchaser; (c) the sole source of the Contract Purchaser's entitlement to payment of the Sales Tax Incentive shall be based upon the aforesaid Base Sales Taxes; (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) the Contract Purchaser bears all risk of non- payment resulting from the permanent closure of the Contract Purchaser's business operation at the Subject Property. For purposes of this Agreement permanent closure shall mean the Subject Property remains either vacant or unoccupied for a period of twelve (12) or more consecutive months ("Permanent Closure"). 11. Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the City's payment to the Contract Purchaser of the Maximum Total Payment Obligations (b) the Permanent Closure of the Contract Purchaser's business (Dunkin Donuts) prior to City's payment to the Contract Purchaser of the Maximum Total Payment Obligation of the City; or (c) the end of the tenth revenue year (December 31, 2026). This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. 12. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier (such as Fed Ex or UPS), as follows: If to Contract Purchaser: If to the City: McHenry Donuts Inc. C/0 Suresh Patel, President 293 Joshua Drive Hawthorne Woods, IL 60047 City of McHenry Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us C/O City Administrator 333 S. Green Street McHenry, IL 60050 With a copy to: David W. McArdle Zukowski, Rogers, Flood &McArdle 50 Virginia Street Crystal Lake, Illinois 60014 13. Default. In the event of a claimed default under this Agreement, the non -defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 14. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty - Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 15.Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Contract Purchaser and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry Contract Purchaser (McHenry Donuts, Inc.) City Mayor Date Suresh Patel, President Date C� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: May 2, 2016 Regular City Council Meeting RE: Economic Incentive Agreement between the City of McHenry and 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. ATT: 1. Location Map 2. Ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. 3. Draft Economic Incentive Agreement between the City of McHenry and 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. BACKGROUND: In 2011 the City entered into an Economic Incentive Agreement with Regency Centers to facilitate the completion of the former Dominick's bung at the north half of the McHenry Commons Shopping Center adjacent to Richmond Road. The agreement included a maximum total payment to Regency Centers of $677,499.49. The rebate is equivalent to 100% of the base sales tax but does not include the home rule sales tax the City passed in 2010. Therefore Regency receives a rebate in the amount of 1% of the gross sales generated annually by Hobby Lobby and the City retains the .5% home rule sales tax generated from the annual revenue by Hobby Lobby. The purpose the rebate was to offset a portion of the costs incurred, which exceeded $1,000,000, converting approximately 53,000 square feet of vacant retail space, formerly occupied by Dominick's, so Hobby Lobby could move -in. The remaining 23,000 square -feet of the same building is occupied by Goodwill of Northern Illinois but only redevelopment costs attributed to the 53,000 square feet were factored into the incentive 1 CLRT OF T' IE FOX RWWRJ/ Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us agreement. Council will recall Dominick's closed their store in 2007 and the building had been vacant for four years. On January 19, 2015 the City Council approved an economic incentive agreement between with CVS Pharmacy to recoup the expense incurred by CVS in acquiring the Firestone property as part of their redevelopment of the northwest corner of Front Street and Elm Street. The agreement has a 10-year term, in the form of a sales tax rebate not -to -exceed $175,000. In July 2015 the Council approved an Economic Incentive Agreement with Big R which included a 100% sales tax rebate, base sales tax only (not including .5% homes rules sale tax) to be rebated to Central Big R Stores annually by the City for a maximum reimbursement not -to - exceed $400,000. In December 2015 the City Council approved an economic incentive agreement with Sunnyside Dodge to facilitate a building expansion to accommodate the Jeep franchise. This agreement included a rebate over and above a base sales threshold amount for a twenty-year term and a maximum total rebate of $300,000. This agreement is for base sales tax only and does not include the .5% home rule sales tax, which the City does not receive on products licensed ant titled by the State of Illinois (including vehicles). Northern Illinois Auto Group currently has two locations: 302 S Lake Street in Grayslake and 1701 W Route 120. They are proposing to relocate their 1701 W Route 120 location to the former Extreme Jeep site at 3017 W Illinois Route 120 and maintain their Grayslake location. Their annual sales for 2015 at 1701 W Illinois Route 120 were approximately $4.1 million and sales at their Grayslake location in 2015 were approximately $7.2 million. ANALYSIS: The proposed agreement with 3017 Route 120, LLC ("Property Owner") and Northern Illinois Auto Group, Inc. ("Tenant") is for the reimbursement of for the following items, up to maximum reimbursement of $150,000. Parking lot seal coating and striping not -to -exceed: $ 8,000 Four new truck lifts and installation not -to -exceed: $ 16,000 Interior and exterior painting, including floor paint and epoxy, and signage not -to -exceed: $ 20,000 2 Air Compressor and installation not -to -exceed: Interior and Exterior LED lighting conversion not -to -exceed: Roof, interior ceiling tile and HVAC replacement not -to -exceed: Total Maximum Reimbursement: Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us $ 4, 000 $ 10,000 $ 92,000 $1500000 The proposed term of the agreement is ten years and only includes a percentage of the base sales tax or 1% tax of the total gross receipts, as outlined in the table below, and does include the additional .5% home rule sales tax, which the City does not receive on any product which is licensed or titled by the State of Illinois, including vehicles. Following is a chart outlining the proposed terms of the Agreement: Sales Tax Incentive Year Sales Tax Incentive Annual Payment (expressed as a percentage of Base Sales Tax up to a Maximum Total Payment Obligation) Year 1 (December 31, 2017) 50% Year 2 (December 31, 2018) 50% Year 3 (December 31, 2019) 50% Year 4 (December 31, 2020) 50% Year 5 (December 31, 2021) 50% Year 6 (December 31, 2022) 25% Year 7 (December 31, 2023) 25% Year 8 (December 31, 2024) 25% Year 9 (December 31, 2025) 25% Year 10(December 31, 2026) 25% Given the 2015 sales at 1701 W Route 120 of $4.1 million, under the proposed sales tax rebate structure for the property at 3017 W Illinois Route 120, the City of McHenry would receive $20,500 for the first five years and $30,750 for years six through ten assuming no growth in 3 He or rMc Fox arvcn✓ Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us sales and $41,000 after year ten. The sales tax rebate proposed is predicated on the improvements previously outlined being completed by the owner of the subject property and Northern Illinois Auto Group locating at the subject property and generating sales tax. The assessed valuation of the property, 3017 W Illinois Route, has decreased by $10,000 between 2013 and 2015. The proposed Agreement terminates on the earlier to occur of: (a) the City's payment to the Owner of the Maximum Total Payment Obligation; (b) the Permanent Closure of the Tenant prior to the City's payment to the Owner of the Maximum Total Payment Obligation of the City; or (c) the end of the tenth revenue year (December 31, 2026). The City Council adopted an Economic Development Strategy in 2011 and below is the evaluation criteria set forth in that policy by which requests such as sales tax rebates should be evaluated. Evaluation Criteria Each request shall be generally evaluated based upon the following criteria. 1. Consistency with the City's Economic Development Plan and Economic Development Strategy. 2. Revenue benefit to the City. 3. Level of circumstances with the property characteristics that create challenges or practical difficulties regarding the development of the site. 4. Number and quality of jobs produced. 5. Strong public benefit to the City. 6. The ability of the development to spur additional economic development in the area. 7. The impact of a proposed development on the existing businesses within the City. 8. Level of applicant's creditworthiness and financial strength. 9. Level of compliance with approved design guidelines and development standards. Staff believes the proposed agreement is justified due to the extraordinary circumstances surrounding the proposed redevelopment. The subject property (former Extreme Jeep Dealership) is a key redevelopment piece within the City because of its visibility, accessibility and amount of traffic which traverses east of the Fox River and is critical to the future viability 0 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us of that commercial corridor. The site had previously been home to a flea market but has been vacant for several years. An adjacent site, consisting of 1.28 acres has been vacant for many years and the former service station at River Road and Route 120 is also vacant, as well as 3012 W Route 120 (north side of Route 120) and the building adjacent to 3012 W Illinois Route 120. This section of Route 120, east of the Fox River, is very challenging for prospective retailers because it's east of Richmond Road and far enough away from Chapel Hill Road which make it difficult to justify for many retailers to locate at the site which otherwise may locate on North Richmond Road or conversely closer to Chapel Hill Road and Illinois Route 120. It shares some of the same attributes as the section of Route 120 between Meadow Lane and Ringwood Road however unlike that section of Route 120 it draws more traffic. Rebates should be considered very closely and on a case by case basis which has been the policy of the City Council. Staff believes the proposed rebate is not excessive and the positive impacts the redevelopment will have, both financially, aesthetically and also to City residents and businesses far exceed the requested financial incentive. The property owner and tenant and finalizing the terms of their lease. If the City Council concurs it's recommended the attached ordinance authorizing the Mayor's execution of an Economic Incentive Agreement between the City of McHenry and 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. be approved subject to a lease between 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. being executed no later than June 17, 2016. 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us LOCATION MAP: 3017 W ROUTE 120 T HC6RT OF Ti¢ FOIL R CRIB ORDINANCE NO. 16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us An Ordinance Authorizing the Mayor's Execution of an Economic Incentive Agreement Between the City of McHenry, 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Mayor and City Clerk are hereby authorized to sign the attached Economic Incentive Agreement, bearing the date of May 2, 2016, between the City of McHenry, 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. SECTION 2: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, 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. Voting Aye: Voting Nay: Absent: Abstain: (SEAL) APPROVED: Mayor Susan E. Low 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ATTEST: City Clerk Janice C. Jones Passed: Approved: Z:\M\McHen ryCityof\Economicl ncentiveAgmtAutoVilla.doc Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us CERTIFICATION I, JANICE C. JONES, do hereby certify that I am the duly appointed, acting and qualified Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the day of 2016, the foregoing Ordinance entitled An Ordinance Authorizing the Mayor's Execution of an Economic Incentive Agreement Between the City of McHenry, 3017 Route 120, LLC and Northern Illinois Auto Group, Inc., was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the day of 1 2016, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the Ace of the City Clerk. do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this (SEAL) 2016. Janice C. Jones, Clerk City of McHenry, McHenry County, Illinois Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Economic Incentive Agreement Between City of McHenry; 3017 Route 120, LLC and Northern Illinois Auto Group, Inc. This Economic Incentive Agreement ("Agreement") is made and entered into this 2"d day of May, 2016 ("Effective Date"), by and between the City of McHenry, an Illinois home rule municipality ("City"); 3017 Route 120 LLC ("Owner') and Northern Illinois Auto Group Inc. ("Tenant"). A. In recognition of the importance of a successful business environment to the City's tax base, the City desires to enhance the long-term viability of the area on Illinois Route 120 east of the Fox River. B. The property owner is the current titleholder of the following property: 3017 Route 120, McHenry, IL 60050, consisting of approximately 3.36 acres with associated PINS: 09- 25-355-024; 09-25-355-035; 09-25-355-036; 09-36-101-026 and 09-36-101-028 ("Subject )roperty'), legally described as follows: LOTS 2-7/EX RD IN CHICAGO ROAD SUBDIVISION INLCUDING TRIANGULAR PARCEL WHICH IS PART OF LOT 4 BLOCK ONE IN EDGEWATER SUBDIVISION AND PART OF LOTS 40 AND 41 IN SUNNYSIDE SUBDIVISION C. The Subject Property has been vacant for several years and the Owner is working with the Tenant to relocate one of its automobile sales and repair facilities ("Tennant Business") to the Subject Property. D. The City, Owner and Tenant desire to enter into this Agreement to stimulate the long-term use of the Subject Property in a manner that will enhance the Illinois Route 120 Corridor east of the Fox River. E. In order to accommodate the needs of the Tenant and ensure its long-term viability and successful business operation at the Subject Property, the Owner intends to undertake site improvements at the Subject Property described and valued as follows ("Improvements"): Parking lot seal coating and striping not -to -exceed: $ 81000 Four new truck lifts and installation not -to -exceed: $ 16,000 H"RT OF TW r Fox RrVIITV Interior and exterior painting, including floor paint and epoxy, and signage not -to -exceed: Air Compressor and installation not -to -exceed: Interior and Exterior LED lighting conversion not -to -exceed: Roof, interior ceiling the and HVAC replacement not -to -exceed: Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us $ 20,000 $ 4,000 $ 10,000 $ 92,000 Total Maximum Reimbursement: $150,000 F. In order to attract the Tenant and to make it economically feasible for the Owner to complete the Improvements, the City has agreed to share a portion of the Sales Tax, as defined herein, generated by the Tenant at the Subject Property in an amount not -to -exceed $150,000, for certain Improvements to the Subject Property referred to herein. G. Definitions. The following definitions shall apply to terms used in this Agreement: "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City, generated solely at the Subject Property and by the Tenant, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6z- 18) (as amended), and any taxes that are enacted and imposed as replacements thereto. "City Payment Obligation" means the City's obligation to pay Owner Sales Tax as set forth in Paragraph Three and in accordance with the schedule outlined in Table One. The Commencement Date" means December 31, 2017 and is the first date the City shall pay a Sales Tax Incentive Annual Payment, as defined herein, to the Owner as set forth in Paragraph Three and in accordance with the schedule outlined in Table One. "Event of Default" means a default under this Agreement which remains uncured as set forth in Paragraph Fourteen. "Gross Receipts" means as defined in the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.). "IDOR" means the Illinois Department of Revenue. "Maximum Total Payment Obligation" shall mean the maximum total amount, payable by the City hereunder not to exceed $150,000. F� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us "Sales Tax Incentive" means the payment set forth in Paragraph Six and in accordance with the Sales Tax Incentive Annual Payment outlined in Table One. "Sales Tax Incentive Annual Payment" expressed as a percentage of Base Sales Tax generated by the Tenant at the Subject Property. "Sales Tax Incentive Year" means the preceding twelve -months of the calendar year." H. The Owner and Tenant have indicated to the City that, but for the commitment and agreement of the City being made herein, the Owner would not have undertaken and will not undertake the Improvements and the Tenant will not relocate to the Subject Property. I. It is essential to the economic and social welfare of the City, that it promotes the economic vitality of the community by assuring opportunities for development and sound and stable commercial growth within the corporate limits of the City. J. In order to make it economically feasible for the Owner and Tenant to agree to relocate and operate their business at the Subject Property, the City has agreed to share a portion of the Base Sales Tax generated by the Tenant, in an amount not -to -exceed the Maximum Total Payment Obligation. K. The parties hereto agree that the Base Sales Tax being shared hereunder shall only be that Base Sales Tax generated in the future by the Tenant not to exceed the Maximum Total Payment Obligation. Now, therefore, based on the consideration stated herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, it is agreed as follows: 1. Incorporation of Recitals. The Parties incorporate each of the above recitals into this Agreement as if set forth in their entirety in this Section 1. 2. Authority. This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution if the State of Illinois. 3. Agreement to Pay. The City agrees to pay a Sales Tax Incentive to the Owner in an amount outlined in Table One. The City's payment obligation shall continue for so long as the Tenant is generating and the City is receiving Base Sales Taxes as defined herein. The Owner also acknowledges the Sales Tax Incentive shall be utilized solely for reimbursement for the purchase of Equipment and Labor included in the Improvements, not exceeding the Maximum Total Payment Obligation. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 4. Evidence of Equipment Purchase and/or Labor Expenditure. The Owner acknowledges that prior to any Sales Tax Incentive payment distribution, the Owner shall provide the City evidence of the expenditure for which reimbursement is being sought, including, but not limited to, the following information: Paid invoice(s), which includes an itemization of each Equipment and/or Labor expenditure; date of Equipment purchase and/or when Labor was completed; company from which Equipment was purchased from or labor was completed including name, address and federal tax identification number; a reference on the paid invoice indicating the Equipment's purchase for use on the Subject Property and/or Labor performed on the Subject Property; as well as a sworn affidavit of purchase and/or Labor which was completed, from and signed by the Owner signed and notarized. 5. Prevailing Wages to be Paid. Pursuant to 820 ILCS 130/0.01 et seq., not less than the prevailing rate of wages, as found by the City or determined by a court on review, shall be paid to all laborers, workers and mechanics performing work under the contract relating to the Improvements. 6. Limitation of City Responsibilities. Other than the Sales Tax Incentive agreed to be made pursuant to this Agreement, the City shall have no obligation to incur any expense or share any revenue associated with the Owner or Tenant. 7. Sales Tax Incentive. Commencing on December 31, 2017 and on the anniversary of December 31 every year thereafter, not -to -exceed the Maximum Total Payment Obligation of $150,000, the City shall pay an economic incentive, in the form of a Sales Tax Rebate, to the Owner, in accordance with Table One, below. The Sales Tax Incentive payment shall be paid by the City to the Owner following calculation of the amount due but not later than ninety (90) days after the Owner produces to the City the Tenant's Annual Sales Tax Reports, below. Provided, however, no Sales Tax Incentive Annual payment shall be paid to the Owner until such time the Owner fully completes the Improvements, and an occupancy permit is issued ("Occupancy Permit") to the Tenant, which has established their Tenant Business at the Subject Property. 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us TABLE ONE Sales Tax Incentive Year Sales Tax Incentive Annual Payment (expressed as a percentage of Base Sales Tax up to a Maximum Total Payment Obligation) Year 1 (December 31, 2017) 50% Year 2 (December 31, 2018) 50% Year 3 (December 31, 2019) 50% Year 4 (December 31, 2020) 50% Year 5 (December 31, 2021) 50% Year 6 (December 31, 2022) 25% Year 7 (December 31, 2023) 25% Year 8 (December 31, 2024) 25% Year 9 (December 31, 2025) 25% Year 10 (December 31, 2026) 25% 8. Sales Tax Reports/Accounting. Within ninety (90) days after the end of the twelfth month of each Sales Tax Incentive Year, the Tenant shall provide the City with a statement, accompanied by a summary of the Gross Receipts for such Sales Tax Incentive Year, in a form reasonably acceptable to the City, signed by one of its officers, which shall set forth the dollar amount of Sales Tax paid to the State of Illinois for the benefit of the City during the prior Sales Fax Incentive Year. This information will be used by the City in calculating the Sales Tax Incentive Annual Payment due hereunder. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailer's Occupation Tax Act. The Tenant shall maintain and have available for inspection by the City, copies of any and all sales tax returns, sales tax reports, amendments, proof of payment or any other Sales Tax Information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying Sales Tax Revenue collected pursuant to this Agreement. The City shall use its best efforts to obtain such Sales Tax Information directly from the IDOR or the State of Illinois. 9. Confidentiality of Financial Information. To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by the Tenant, the Lease and Sales Tax information received by the City, but shall be permitted to disclose such information and documents to employees and consultants as the City (except for any consultant that has a financial interest in any motor vehicle dealership rl Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us within the Chicago metropolitan area, which consultant shall not be retained), in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. The Owner and Tenant understand and agree that the provisions of this Agreement and any and all payments to the Owner pursuant to this Agreement are public records. The Owner and Tenant also agree to execute any consent form requested by the City and furnish such additional consent, powers of attorney or waivers as may be required by the IDOR to allow the IDOR to furnish to the City Sales Tax Information concerning automobile sales and leases transacted by the Tenant at the Subject Property. The City agrees to utilize Sales Tax Information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom of Information Act and other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so by court order or to the extent it makes a good faith determination that such disclosure is required by law. 10. Provisions Concerning Limitation on Debt. The receipt, or anticipated receipt, of Sales Tax Revenue, either directly or indirectly, from the Tenant Business at the Subject Property, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to rebate money to the Owner. 11. Performance of the Work. Pursuant to 820 ILCS 130/0.01 et seq., not less than the prevailing rate of wages, as found by the City or determined by a court on review, shall be paid to all laborers, workers and mechanics performing work under the contract relating to the Improvements. Note that the prevailing rate of wages is revised by the Illinois Department of Labor and are available on the Department's official website. 12. No Interest; Limited Obligations. No interest shall be due on the monetary obligations set forth in this Agreement. The Owner acknowledges that: (a) the City shall not be required to make any payments of the Sales Tax Incentive to the Owner unless the Tenant has then delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out of the Base Sales Taxes the City receives from the IDOR which are attributable to the gross sales generated at the Subject Property by the Tenant; (c) the sole source of the Owner's and Tenant's entitlement to payment of the Sales Tax Incentive shall be based upon the aforesaid Base Sales Taxes; (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) the 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Owner bears all risk of non-payment resulting from the permanent closure of the Tenant's business operation at the Subject Property. For purposes of this Agreement, permanent closure shall mean the Subject Property remains either vacant or unoccupied for a period of twelve (12) or more consecutive months ("Permanent Closure"). 13. Term. This Agreement shall be in full force and effect for a Term commencing on the Effective Date of this Agreement and ending on the earlier to occur of: (a) the City's payment to the Owner of the Maximum Total Payment Obligation; (b) the Permanent Closure of the Tenant prior to the City's payment to the Owner of the Maximum Total Payment Obligation of the City; or (c) the end of the tenth revenue year (December 31, 2026). This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. 14. Miscellaneous. This Agreement shall be binding upon and inure to the benefit of the Parties. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally -recognized private carrier (such as Fed Ex or UPS), as follows: If to Owner: 3017 Route 120, LLC C/O Terrance H. Upton (Manger) 1000 W Route173 P.O. Box 899 Antioch, IL 60002 If to Tenant: Northern Illinois Auto Group, Inc. (Auto Villa West) C/O James Gosnell (President) 3100 Kendall Crossing Johnsburg, IL 60051 If to the City: City of McHenry C/O City Administrator 333 S. Green Street McHenry, IL 60050 With a copy to: David W. McArdle Zukowski, Rogers, Flood &McArdle 50 Virginia Street Crystal Lake, Illinois 60014 a Fox MMM mh� am Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 15. Default. In the event of a claimed default under this Agreement, the non -defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 16. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty - Second Judicial Circuit, McHenry County, Illinois. The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 17.Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Owner, the Tenant and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry By_ City Mayor Date Tenant (Northern Illinois Auto Group, Inc.) BY. James Gosnell, President Date Z:\M\McHenryCityof\Economicl ncentiveAgmtAutoVil la.doc Route 120, LLC) Terrance H. Upton, Agent Owner (3017 Date 7 INTA U g all % nwmnI/ AGENDA SUPPLEMENT TO: Mayor and City Council FOR: May 2, 2016 Regular City Council Meeting FROM: Douglas Martin, Director of Economic Development Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us RE: Conditional use permit to allow an assembly use (educational institution) and building alteration totaling approximately square feet at 2120 W Lincoln Road NTT: 1. Location Maps 2. Unapproved Planning and Zoning Commission Minutes dated April 13, 2016 3. Ordinance approving a conditional use permit to allow an assembly use (educational institution) and proposed building alteration consisting of 3,760 square feet for the property located at 2120 W Lincoln Road 4. Application Packet BACKGROUND AND DESCRIPTION OF REQUEST: McHenry Elementary School District 15 is currently in the process of a long-range plan to remove mobile classrooms as well as evaluate space needs to further specific educational needs at all of its schools and construct permanent building additions and/or structural alterations to accommodate additional learning space. The first five building additions approved are: Chauncey H. Duker School, Hilltop Elementary School, Edgebrook Elementary School, Valley View Elementary Schools and the most recently Riverwood Elementary School which included a building addition and structural alteration - similar to the request at McHenry Middle School. ANALYSIS: The proposed structural alteration consists of 3,760 square feet. McHenry Middle School was annexed to the City of McHenry in 2001 and included an annexation agreement however the agreement has expired (10-year agreement term) and a conditional use was never obtained when the property was originally annexed. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. An assembly use is defined as: A building, structure, place or parts thereof for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature. The only exceptions to this definition include: building, tenant 1 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us space, room or space used for public assembly purposes as defined herein with an occupant load of 25 persons or less and spaces less than 750 square feet in floor area. The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. In this case a conditional use permit for an assembly use is required because one was not originally obtained; however, if one was obtained a conditional use permit would still be required due to the proposed structural alteration. A structural alteration of an existing open courtyard consisting of 3,760 square feet is proposed at the location depicted on the following page, which will permit the construction of a Science, Technology, Engineering and Math Laboratory (STEM Lab). Staff believes the structural alteration will not adversely impact neighboring properties or public safety and health. The actual building plans will be reviewed by the Regional Superintendent of Education's Office, however the City will be required to issue a stormwater permit for the building alteration pending City Council approval of the request. 2 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us G PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission unanimously recommended approvalapplication for a conditional use permit to allow an assembly use (educational institution) and proposed building alteration totaling 3,760 square feet, with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016, on the subject property located at 2120 W Lincoln Road. If the City Council concurs with the Planning and Zoning Commission it is recommended the attached ordinance granting a conditional use permit to allow an assembly use (educational institution) and proposed building alteration totaling 3,760 square feet with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016 for the property located 2120 W Lincoln Road be approved. 3 Department of Community & Economic Development v McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 McHei l Fax: (815) 363-2173 www.ci.mchenry.il.us M t Location Map: 2120 W Lincoln Road L; Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Location Map: 2120 W Lincoln Road •` P P R kd �� s Id $w�13R?d7�in4�J1ti`Etl�ii.�«..; 1 � :., •ter did ,'yXi do rim1 `'MIA k It ^I ".O r 5 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us City %A McHenry Unapproved Planning and Zoning Commission Minutes April 13, 2016 Chairman Strach called the April 13, 2016 regularly scheduled meeting of the City of McHenry Planning and Zoning Commission to order at 7:30 p.m. In attendance were the following: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Also in attendance were: Director of Economic Development Martin, City Attorney Cahill, and Administrative Assistant Wolf. No one signed into speak during Public Input. Approval of Minutes Public Hearing: McHenry Elementary School District #15 File No. Z-890 2120 Lincoln Road Conditional use permit to allow an assembly use (educational institution) and building alteration totaling approximately 3,760 square feet and any variances required to effectuate the aforementioned request at 2120 Lincoln Road (McHenry Middle School) Chairman Strach called the Public Hearing to order at 7:33 p.m. regarding File No Z-890, an application for a conditional use permit to allow an assembly use (educational institution) and building alteration totaling approximately 3,760 square feet and any variances required to effectuate the aforementioned request as submitted by McHenry Elementary School District #15 for the property located at 2120 Lincoln Road, McHenry, IL (MMS). Chairman Strach stated Notice of the Public Hearing was published in the Northwest Herald on March 29, 2016. Notices were mailed to all abutting property owners of record as required by ordinance. The subject property was posted. A Certificate of Publication and Affidavit of Compliance with notice requirements are on file in the City Clerk's Office. C� Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us In attendance were Dr. Alan Hoffman, McHenry School District 15 Superintendent, a Green St. McHenry, IL 60050 and Bill Strejc, Engineer, Arcon Associates, 2050 S. Finley Rd., Lombard, IL 60148, who were sworn in by Chairman Strach, Mr. Hoffman provided a summary of the request before the Commission at this Hearing stating a conditional use permit is being requested to build a 3,760 sq. ft. building alteration at McHenry Middle School, basically turning a courtyard into a STEM lab for additional usable learning space. Director of Economic Development Martin provided a brief history of the five previous applications presented to the Commission for alterations at other schools, the most recent being Riverwood Elementary School which included a building addition and structural alteration -similar to the request at McHenry Middle School. The proposed structural alteration consists of 3,760 square feet. McHenry Middle School was annexed to the City of McHenry in 2001 and included an annexation agreement, however the agreement has expired and a conditional use was never obtained when the property was originally annexed. The City's zoning ordinance classifies schools as assembly uses, and assembly uses are conditional uses in all residential zoning districts. The zoning ordinance requires any expansion, enlargement or structural alteration on a property with a conditional use permit obtain an additional conditional use permit. In this case a conditional use permit for an assembly use is required because one was not originally obtained; however, if one was obtained a conditional use permit would still be required due to the proposed structural alteration. A structural alteration of an existing open courtyard is proposed at the location which will permit the construction of a Science, Technology, Engineering and Math Laboratory (STEM Lab). Staff believes the structural alteration will not adversely impact neighboring properties or public safety and health. Director of Economic Development Martin stated Staff is recommending approval of a conditional use permit to allow an assembly use (educational institution) at 2120 W Lincoln Road with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016 and Staff finds the requirements of Table 31 of the zoning ordinance have been met. Chairman Strach invited questions and/or comments from the Commission. There were no comments from the Commissioners. 7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Chairman Strach opened the floor to questions and comments from the audience. There was nobody in attendance who wished to address the Commission regarding this matter. Chairman Strach closed the public comment portion of the hearing at 7:37 p.m. Commissioner Doherty inquired when construction would begin on this alteration. Mr. Strejc responded they hope to begin when school is out for the summer and will be on a strict timeline. Charlaine Tiffany, 4411 Home Avenue, McHenry, who was sworn in by Chairman Strach, asked if mobile classrooms will be removed and permanent structures put in their place. Dr. Hoffman replied at most of the schools that is what happened, however, this school does not have mobile classrooms to remove, it is just the alteration of what is now a courtyard and basically unusable space. Motion by Meyer seconded by Bromley, to recommend to the City Council with regard to File No. Z-890, approval of an application for a conditional use permit to allow an assembly use (educational institution) at 2120 W Lincoln Road with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016 and that the requirements of Table 31 of the zoning ordinance have been met. Voting Aye: Bromley, Doherty, Meyer, Sobotta, Strach, and Thacker. Voting Nay: None. Not Voting: None. Abstaining: None. Absent: None. Motion carried 6-0. Chairman Strach closed the Public Hearing regarding File No. Z-890 at 7:40 p.m. 0 -r or rXc rax a znJ�f ORDINANCE NO 16- Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT TO ALLOW AN ASSEMBLY USE (EDUCATIONAL INSTITUTION) AND BUILDING ALTERATION ON THE PROPERTY LOCATED AT 2120 W LINCOLN ROAD IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and WHEREAS, a petition has been filed with the City by McHenry Elementary School District 15, 1011 N Green Street McHenry, IL 60050 ("Applicant and Owner') requesting a Conditional Use Permit to allow an assembly use (educational institution) on the property legally described on Exhibit "A" attached hereto and incorporated herein, the "SUBJECT PROPERTY"; and WHEREAS, a public hearing on said petition was held before the Planning and Zoning Commission on April 13, 2016 in the manner prescribed by ordinance and statute, and as a result of said hearing, the Planning and Zoning Commission did recommend to the City Council the granting of the requested Conditional Use Permit; and WHEREAS, the City Council has considered the evidence and recommendations from the Planning and Zoning Commission and finds that the approval of the requested Conditional Use Permit is consistent with the objectives of the City of McHenry Zoning Ordinance to protect the public health, safety, morals and general welfare of its residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: That the SUBJECT PROEPRTY is hereby granted a conditional use permit to allow an assembly use (educational institution) and proposed building alteration totaling approximately 3,760 square feet, with the condition the site is developed in substantial conformance with the site plan prepared by Arcon dated March 6, 2016 attached hereto and incorporated herein as Exhibit "B". SECTION 2: In granting said Conditional Use Permit, the City Council finds that the requirements of Table 31 of the Zoning Ordinance have been met in that: 1. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. s:7 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us 2. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled. 3. The proposed use will fit harmoniously with the existing natural or man-made character of its surroundings, and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character already existing in the area or normally associated with permitted uses in the district. 4. The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. 5. The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. 6. The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided bylaw. PASSED THIS DAY OF , 2016 AYES: NAYS: ABSTAINED: ABSENT: NOT VOTING: 10 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit A Legal Description of the Subject Property 12 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Exhibit B Site Plan 13 NARRATIVE DESCRIPTION A Conditional Use Permit is being requested to construct 3,760 SF of new space at the existing McHenry Middle School. A new Science, Technology, Engineering & Math Laboratory (STEM Lab) will be added by infilling the existing courtyard with new construction. FORM A PUBLIC HEARING APPLICATION Planning and Zoning Commission City of McHenry File Number Z-890 333 South Green Street � McHenry, II, 60050 � Tel: (815) 363-2170 � Fax: (815) 363-2173 1. Name of Applicant Address McHenry Elementary School District 15 1011 North Green Street City McHenry State IL Zip 60050 2. Name of Property Owner (If other than Applicant) Address City Tel 815.385.7210 Fax 815.344.7121 Tel Fax 3. Name of Engineer ARCON Associates, Inc. Tel (If represented) Address 2050 South Finley Road, Suite 40 Fax 4. 5. 6. City Lombard State IL Zip 60148 Name of Attorney (If represented) Address Fax Common Address or Location of Property 2120 W. Lincoln Road Requested Actions) (check all that apply) Zoning Map Amendment (Rezoning) X Conditional Use Permit Zoning Variance Other McHenry. IL 60051 630.495.1900 708.328.6325 Zoning Variance —Minor Zoning Text Amendment Use Variance *Definition of Minor Variance: A variance granted to the fee owner, contract purchaser or option holder of asingle-family detached or attached dwelling, or single-family detached or attached building lot for that dwelling or lot. Page 1 of 3 7. Current Use of Property Education 8. Current Zoning Classification of Property, Including Variances or Conditional Uses E, Estate District 9. Current Zoning Classification and Land Use of Adjoining Properties North: RS - 2, Medium -Density Single -Family Residential District South: NA -Outside City Limits East: NA -Outside City Limits West: NA -Outside City Limits 10. Required Attachments (check all items submitted) Please refer to the Public Hearing Requirements Checklist to determine the required attachments. X 1. Application Fee (amount) $ 950 X 2. IN Description of Request 3 X . FORM A — Public Hearing Application 4. FORM B — Zoning Map Amendment (Rezoning) Application 5 X . FORM C — Conditional Use Application 6. FORM D — Zoning Variance Application T FORM E — Use Variance Application X 8. Proof of Ownership and/or Written Consent from Property Ow FORMA Page 2 of 3 11. Disclosure of Interest The party signing the application shall be considered the Applicant. The Applicant must be the owner or trustee of record, trust beneficiary, lessee, contract purchaser, or option holder of the subject property or his or her agent or nominee. Applicant is Not Owner If the Applicant is not the owner of record of the subject property, the application shall disclose the legal capacity of the Applicant and the full name, address, and telephone number of the owner(s). In addition, an affidavit of the owners(s) shall be filed with the application stating that the Applicant has the authority from the owners(s) to make the application. Applicant or Owner is Corporation or Partnership If the Applicant, owner, contract purchaser, option holder, or any beneficiary of a land trust is a corporation or partnership, the application shall disclose the name and address of the corporation's officers, directors, and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent of the outstanding stock or interest in the corporation or interest shared by the limited partners. Applicant or Owner is a land Trust If the Applicant or owner is a land trust or other trust or trustee thereof, the full name, address, telephone number, and extent of interest of each beneficiary shall be disclosed in the application. 12. Certification I hereby certify that I am aware of all code requirements of the City of McHenry that relate to this property and that the proposed use or development described in this application shall comply with all such codes. I hereby request that a public hearing to consider this application be held before the Planning and Zoning Commission, and thereafter that a recommendation be forwarded to the City Council for the adoption of an ordinance(s) granting the requested action(s), including any modifications to this application or conditions of approval recommended by the Zoning Board of Appeals or City Council. Signature of Applicant(s) Print Name and Designation of Applicants) 1 Page 3 of 3 FORM C File Number Z-890 CONDITIONAL USE PERMIT Planning "Juld Zoning Commission City of McHenry 333 South Green Street McHenry, IL 60050 Tel: (815) 363-2170 Fax: (815) 363-2173 Table 31 of the City of McHenry Zoning Ordinance provides that in recommending approval or conditional approval of a Conditional Use Permit, the Planning and Zoning Commission shall transmit to the City Council written findings that all of the conditions listed below apply to the requested action. Please respond to each of these conditions as it relates toyour request. 1. Traffic Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized. YES, there will be no adverse impact on traffic. The new addition will replace the existing courtyard. 2. Environmental Nuisance Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district have been appropriately controlled. YES, the adverse effects of noise, glare, odor, dust, waste diposal, and blockage of light or air have been appropriately controlled. The new addition and existing building will continue to be used for educational 3. Neighborhood Character The proposed use will ft harmoniously with the existing natural or man-made character of its surround ngs and with permitted uses in the zoning district. The use will not have undue deleterious effect on the environmental quality, property values, or neighborhood character existing in the area or normally associated with permitted uses in the district. YES, the proposed addition will fit harmoniously with the existing building and neighborhood. The new addition will be constructed of materials similar to the existing building and will blend with the existing neighborhood and environment. FORM C Page 1 of 2 4. Public Services and Facilities The proposed use will not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area. YES the proposed addition will not require a disproportionate demand or burden on existing communitI facilities or services. The occupant load will not be increased due to the proposed addition. 5. Public Safety and Health The proposed use will not be detrimental to the safety or health of the employees, patrons, or visitors associated with the use nor of the general public in the vicinity. YES, the proposed addition will be an extension of the existing building in appearance and usage. Its function will not be detrimental to the safety or health of its users or the general public. 6. Other Factors The proposed use is in harmony with all other elements of compatibility pertinent to the Conditional Use and its particular location. YES, the proposed addition will harmonize with the existing school building in appearance and usaoe pertinent to the Conditional Use Permit. FORM C Page 2 of 2 �A�I'� QP 1 jIullRRITOORTi/' Irk r FAME MINTI RMT 00UN, � TO ANNNEMMURID �0 TRIMMER Cj:l �Y OFF �1/lrC�T rE'NR�°Y B Y OIRDIrM�A �7 GE NUM41BE�t ��Y IU WE (NORTH HALF OF NORTHEAST 1/4 SECTION 25-45-8) S I00 200 GRAPHIC SCALE; 1 W aIsm. ^k (EXCEPTION: WEST 1320' i 3 SOUTH HALF OF N.E 1/4 I R OF SECTION 25-45-8) �a i 1 I I i N. 88' 25' 57' E — 132T 20' of sEttwx yrAsa "�&Y cq' xomH Ra„o-aF-wAY DNE aF MN�M, RDa 30' /3' W. — 1313.89' .el. DESCRIPTION THE SOUTH HALF DF THE NORTHEAST OVARTER OF SECTION T5, TOWNSHIP NORTH, RANCE B EAST OF THE THIRD PRINCIPAL MERIDIAN, THE WEST EO 1320 FEET THERF AND ALSO EXCEPT CEPT THAT PART THEREOF AIED AS FOLLOWS: THAT PART OF THE AFORESAID PROPERLY LYING BETWEENEEN THE SOURi LINE OF SAID NORTH SOUTH HALF AL THE WITH NORTHEAST PROPOSED ENp A LINE LYING MO FET NORTH MC EN PARALLEL WRI THE PROPOBW CENTER LINE DF LINCOW ROAD), IN MCHENRY COUNTY, ILLINp15. — eoQo R.ow. STATE OF IWNOIS Q COUNTY OF MCHENRY IFr OF MCHENRY CITY CLERK OF THE Mitt OF McHENRY 1 0. EREBY CERIIEY THAT THE ABOVE IS AN ACCURATE MAP OF TERPRORY ANNEXED TO THE CITY OF MCHENRY, IWN015SY ORDINANCE NUMBER W PASSED BY THE BOARD OF THE &r OF MCHENRY, (WHOM .- CAM THIS � DAY OF 200E AT MCHENRY, IWNOIS. b J CURK OF THE CRY OF MCHENRY �w a Q U STATE OF IWNOIS S.S. COUNTY OF MCHENRY 3r0 DAY OFyFj}p�EN, Tf116 AT MCHENRY, IWN015. IWNOISL ROEESSIONAUNO SURVEYOR NO. ]s—}O55 MCFNSE RENEWAL OATS : 11-30-2006 i MDxE�Fr.�u gPaN, OF WRNaMAcv m u� Na. ,w°ai i COURTYARD INFILL: 3,760 SF � SITE PLAN - MCHENRY MIDDLE SCHOOL N nln.n brac Salta 40 tm5. 2G16 REMODELING MULTIPLE 61TE8 eoaxo .1 mucaTION MPx.nry ll.m Y t.lw.l a4W.1 Is M.x.nry, IYN.S. aooeo w y rn W C7 O a r�YN d. COxeON a U1TFa. IMC. P.exr.Y gin.r..q IIIN.I. Holt YHCN. / HLHC. AY9G0 EN91NEEa1N0 a15aa B.ImnnS lur,ms o.aa gEVYIONe ey Propel xumn.r 16089 Narch e, 2816 SITE PLAN NCHENpY M.S. C1.4 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Douglas Martin, Director of Economic Development FOR: May 2, 2016 Regular City Council Meeting RE: Consideration of an Ordinance authorizing the Mayor's execution of an Agreement to Release Hovsite Irish Prairie LLC from Letter of credit/bonding and other obligations arising out of an Annexation agreement dated August 29, 2005 between Hovstone Properties Illinois LLC d/b/a Town & Country Homes and the City of McHenry ATT: 1. Location Map 2. Approved Integrated Design District Plan 3. Ordinance authorizing the Mayor's execution of an Agreement to Release Hovsite Irish Prairie LLC from Letter of credit and other obligations arising out of an Annexation agreement dated August 29, 2005 between Hovstone Properties Illinois LLC d/b/a Town & Country Homes and the City of McHenry 4. Agreement to Release Hovsite Irish Prairie LLC from Letter of credit and other obligations arising out of an Annexation agreement dated August 29, 2005 between Hovstone Properties Illinois LLC d/b/a Town & Country Homes and the City of McHenry 5. Phasing Plan for Units 1, 1A and 2 6. Best's Financial Strength Rating Guide 7. Best Issuer Credit Rating Guide BACKGROUND: Staff has been working with Avanti Properties, which is interested in purchasing the southern half of Oaks at Irish Prairie Subdivision. Oaks at Irish Prairie Subdivision was annexed in 2005 and the portion south of Veterans Parkway was platted and includes 206 single-family lots; 54 of which have been completed. The remaining 189 lots are located north of Veterans Parkway. The annexation agreement adopts an Integrated Design Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us District Plan (see attached) and permits a maximum of 395 single-family homes (north and south of Veterans Parkway). Avanti Properties is a land holding company (real estate investment trust) which will acquire a property and hold it until the vacant platted lots, in this case Oaks at Irish Prairie Subdivision, are ready to be purchased by a builder. Avanti has many properties but is not a vertical builder however they understand the market and are willing to work with the City in getting this project moving in the right direction. They have resources to hold properties for extended periods until such time lots can be built upon/homes constructed. Staff believes Avanti will be a better partner than Hovsite Irish Prairie LLC. The City had a decent relationship with Hovsite Irish Prairie LLC however staff had to stay on Hovsite Irish Prairie LLC about maintaining the vacant lots; Hovsite Irish Prairie LLC has no real interest in developing this subdivision therefore staff believes it's in the City's best interest to partner with Avanti, which has been very cooperative and great to work with in completing this Agreement. Additionally, the Agreement includes several provisions which benefit the City and the residents of the subdivision including: completion of the Barreville Road improvements within a specific time frame; updating current bond amounts so they reflect current unit costs, as well as agreeing to increase their bonds 3% annually to adjust for inflation and unit price increases on labor and material. ANALYSIS: Attached is an Agreement to Release Hovsite Irish Prairie LLC from bonding and other development obligations arising out of the Oaks at Irish Prairie Annexation Agreement approved on August 29, 2005, which Avanti will assume. Hovsite Irish Prairie LLC is the current property owner of the vacant lots on the south side of Veterans Parkway, and the proposed agreement will transfer the development obligations in the Oaks at Irish Prairie Annexation Agreement to Avanti. Avanti is not acquiring the northern half of this subdivision, which is not platted and is owned by another party. The northern half of the subdivision will remain part of the annexation agreement and the owner of the property is obligated to comply with those provisions. The southern half of Oaks at Irish Prairie Subdivision consists of three units: 1, 1A and 2-all of which are secured by three performance bonds. Unit 1 contains 32 platted vacant lots; Unit 1A Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us contains 56 platted vacant lots and Unit 2 contains 64 platted vacant lots (see attached phasing plan). Units 3 and 4 are north of Veterans Parkway and the responsibility of that owner, and performance bonds for those units will be required when Units 3 and 4 are platted. Additionally, off -site roadway improvements are required to Barreville Road, secured by a fourth bond, and the improvements consist of a southbound to westbound right-hand turn lane; a southbound to eastbound left-hand turn lane and through lane. The attached agreement with Avanti requires those improvements. The public improvements in Unit 1 are completed and accepted and the two-year maintenance period has expired. Hovsite Irish Prairie LLC will complete the final requirements and Unit 1 will be off maintenance. The Unit 1A Bond and the Unit 2 Bonds will be submitted by Avanti and replace the ones the City currently holds with Hovsite Irish Prairie LLC. They secure the completion of the remaining uncompleted public improvements within their respective units other than the sidewalks, trees, driveway aprons and parkway landscaping in front of individual lots, which can be dealt with through issuance of temporary occupancy permits as opposed to full occupancy when the improvements are done. The clubhouse required will remain in the annexation agreement and when the property is ripe for development Avanti will most likely meet with the residents to affirm their preference or lack thereof for a clubhouse. Council will recall DR Horton approached the residents a few years ago about this issue and the residents did not want to be responsible for the maintenance of a clubhouse; therefore DR Horton proposed an alternative -more passive park plan which the residents supported. Avanti has not met with the residents therefore this issue will be addressed at the appropriate time they can do so, and Avanti is open to working with the residents as well as utilizing the same type of passive park development DR Horton proposed. The attached agreement requires the Unit 1A bonded subdivision improvements to be completed on or before the issuance of the 28th occupancy permit or 47% of total occupancies within Unit 1A. The Agreement requires the Unit 2 subdivision improvements to be completed on or before the issuance of the 42nd occupancy permit or 64% of total occupancies within that portion of the Avanti Property within Unit 2. Staff has been working with Hovsite Irish Prairie LLC to acquire the right-of-way necessary to complete the Barreville Road improvements to the north. Avanti will prepare a plat of dedication for the right-of-way required to complete those 3 Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us improvements by June 17, 2016. Staff will present the plat to the owner of the property to the north, which in concept has agreed to execute the plat. However if the right-of-way for these improvements is not acquired there is the following provision with the attached Agreement. "The City acknowledges that the Barreville Road Bond shall be deposited with the City with the understanding that certain Barreville Road improvements cannot be made until such time as right -of --way for the road is acquired by the City from adjacent owners. If the City acquires the right -of --way prior to Avanti commencing the improvements bonded under the Unit 2 Bond, Avanti will complete the Barreville Road improvements no later the issuance of the 12nd occupancy permit within Unit 2. If the City acquires the right -of --way after that date but before the Unit 2 Bond is released, Avanti will complete the Barreville Road improvements in a commercially reasonable time. If, at the time the Unit 2 Bond is released the necessary right -of --way has not been acquired by the City, the Barreville Road Bond shall be returned to Avanti and Avanti shall pay the City an amount equal to the cost of the improvements bonded by the Barreville Road Bond (as determined by a then current Engineer's Estimate of Probable Construction Cost prepared in accordance with generally accepted engineering practices) and thereafter Avanti shall have no obligations whatsoever in regard to Barreville Road or the Barreville Road Bond. Avanti's inability to install the Barreville Road improvements shall not be a bar to the return and cancellation of the Barreville Road Bond nor shall it delay the issuance of any permits or other approvals by the City." Attorney McArdle reviewed and modified the bonds which will be submitted by Avanti, issued by International Fidelity Insurance Company to secure the public improvements for Units 1A, 2 and Barreville Road. Below is a link to International Fidelity Insurance Company's A.M. Best Rating. The table following states their financial strength rating, as well as their long-term issuer credit rating. Attached to this supplement are definitions for each of those ratings. http://www3.ambest.com/ratings/entities/CompanyProfileaspx?AMBNum=520&URatin�ld=& ExtUser=&ExtMisc=&AltNum=1652520 (A.M. Best Rating International Fidelity Insurance Company) Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us Financial Strength Rating View Definition Rating: A- (Excellent) Financial Size Vil ($50 Million to $100 Category: Million) Outlook: Negative Action: Armed Effective Date: February 12, 2016 Initial Rating Date: June 30, 1922 Lon -Term Issuer Credit Rating Yew Definition Long -Term: a - Outlook: Negative Action: Affirmed Effective Date: February 12, 2016 Initial Rating Date: April 18, 2007 If the City Council concurs it's recommended the attached Ordinance authorizing the Mayor's execution of an Agreement to Release Hovsite Irish Prairie LLC from Letter of credit and other obligations arising out of an Annexation agreement dated August 29, 2005 between Hovstone Properties, LLC d/b/a Town & Country Homes and the City of McHenry be approved. 5 a, mL I OF IF ,F14 IF 'm I j'I — �' �� f' HIf.NI rHffCRILEE. tlhic .Fr _ W13A }STR CCTmom It t Xw - ��.-- STATE'?ARR�ROY�O o ` y, S Q HI Z / For♦ 4. a0, . t r�IF 11IF e 9��FFb.If IF do y kk 1 % s. �+IF- -- �P p MURFhv 6�IVe a 4Ps 1fr _ 1A IF IF IT Y f<, r / It vre°o vA' IF JI F;p�.�- _ w ii - r COHCOHOIPF - `a J. O Department of Community & Economic Development McHenry Municipal Center Integrated Design District Plan AI LL dnll . nw`d1�lFr.xnruln.mn'Ywl.nlr.rl AwmWfr.b.. -_� iu 1u NwrprwlWlrrlt.Mrn'IIW+�w r+rY rrb r ynrsy r� 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us STANUhRDs fOR DEVELOVMCNT 74 - I.any.rM.Pb rALInJ�u.l WwwY+rIryIM InV^Yad+n npirAa.A.YhIrNYu.I.dYr:nnl WrpwlYnwY.�ll.. 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I.rYr'P Y YLr 1 v,.I.�WY.� �rllmNer+r..wp d Wn�wYsrbNrw.un.rHwvn NYrPm�d NYrnwrJ b ddluNhJeYW 1 ulla�nvw fr Y'°^mr`F'Y'A.�'rnwry urNrNPlvlYl�sJWlgd Wlr I...ww; �xrdy.rr.r�dilr n le Y�d.gdrrnJ uNYulurddrs Iy,cryarrW�ir Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us ORDINANCE NO. 16- AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN AGREEMENT TO RELEASE HOVSITE IRISH PRAIRIE LLC FROM LETTER OF CREDIT AND OTHER OBLIGATIONS ARISING OUT OF A ANNEXATION AGREEMENT DATED AUGUST 29, 2005 BETWEEN HOVSTONE PROPERTIES, LLC D/B/A TOWN & COUNTRY HOMES AND THE CITY OF MCHENRY WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF MCHENRY, McHenry County, Illinois, as follows: SECTION 1: The Mayor and City Clerk are hereby authorized to sign the attached Agreement to Release Hovsite Irish Prairie LLC form Letter of Credit and other obligations arising out of an Annexation Agreement dated August 29, 2005 between Hovstone Properties, LLC d/b/a Town & Country Homes and the City of McHenry bearing the dated of May 2, 2016. SECTION 2: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 3: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, 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 bylaw. Voting Ave, Voting Nay: Absent: Abstain: Department of Community & Economic Development McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2170 Fax: (815) 363-2173 www.ci.mchenry.il.us (SEAL) ATTEST: City Clerk Janice C. Jones APPROVED: Mayor Susan E. Low Passed: Approved: Z:\M\McHenryCityof\Economicl ncentiveAgmtAutoVilla.doc Agreement to Release Hovsite Irish Prairie LLC from Letter of Credit and other Obligations arising out of a Annexation Agreement dated August 29, 2005 between Hovstone Properties, LLC d/b/a Town & Country Homes as Developer and the City of McHenry WHEREAS, the City of McHenry ("City") entered into an Annexation Agreement with Hovstone Properties, LLC d/b/a Town & Country Homes, as Developer, on the 29th day of August, 2005 for property which is now commonly known as the Oaks at Irish Prairie (the "Annexed Property") generally located at the southwest corner of Veterans Parkway and Barreville Road McHenry, Illinois ("Annexation Agreement"); WHEREAS, Hovsite Irish Prairie LLC, a Delaware limited liability company, ("Hovsite") is successor to Hovstone Properties, LLC, as Developer; WHEREAS, ("Avanti") has acquired or will acquire ownership to the property legally described on Exhibit A attached hereto (the "Avanti Property"), which property constitutes part, but not all, of the Annexed Property; WHEREAS, upon acquiring title to the Avanti Property Avanti is willing to assume some of the obligations of the Developer under the Annexation Agreement in order to complete certain improvements within the Annexed Property; and WHEREAS, the City has determined that Avanti's assumption of the foregoing obligations is in the best interest of the City and will enhance and promote the general welfare of the City and its residents, WHEREAS, Hovsite filed with the City and has in force the following bonds (the "Existing Bonds"): 1. The Oaks at Irish Prairie /Unit I /Bond No. 5039227 2. The Oaks at Irish Prairie /Unit 2 /Bond No. 5039226 3. The Oaks at Irish Prairie / Barreville Road /Bond No. 5039225 4. The Oaks at Irish Prairie /Unit 1 /Bond No. 5039228 WHEREAS, Avanti desires to replace Existing Bonds No. 5039227, No. 5039226 and No. 5039225 with performance bonds in favor of the City. NOW THEREFORE, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which each of the parties acknowledges as being received herein, it is agreed as follows: 1. Upon Avanti's delivery of the Replacement Security (as hereafter defined), the City agrees to release Hovsite from all obligations under the Annexation Agreement, other than those that directly relate to the satisfaction of maintenance obligations for subdivision improvements within The Oaks at Irish Prairie — Unit 1 other than the sidewalks, trees, driveway aprons and parkway landscaping in front of individual lots (the "Unit 1 Maintenance Work"). 2. Upon Avanti's delivery of the Replacement Security and Avans acquisition of the Avanti Property, Avanti shall be deemed to have assumed all Developer rights and obligations under the Annexation Agreement other than the following: (1) the obligation to complete any subdivision improvement obligations related to The Oaks at Irish Prairie — Unit l; (ii) the obligation to complete any subdivision improvements to Barreville Road that are not within the public right-of-way or upon property owned by Avanti; and (iii) any obligation, whatsoever, relating to those portions of the Annexed Property lying north of Veteran's Parkway other than the obligation to install the bike path north of the gas main located north of Veteran's Parkway, 3. Upon Avanti acquiring title to the Avanti Property, Avanti shall tender to the City, the following replacement performance bonds issued by International Fidelity Insurance Company (the "Replacement Security"), the forms of which are attached hereto and incorporated herein as Exhibit 134, 13-2 and 13-3: Exhibit B-1 (the "Unit lA Bond") Exhibit B-2 (the "Unit 2 Bond") Exhibit B-3 (the "Barreville Road Bond") The amount of each bond in the Replacement Security shall be increased by 3%annually. As additional security, an affiliate of Avanti will provide a set -aside letter or other cash security to the bonding company issuing the Replacement Security which will serve as collateral for 100% of the aggregate amount of the Replacement Security, 4. The Unit lA Bond and the Unit 2 Bond shall each secure the completion of the remaining uncompleted public improvements within their respective units other than the sidewalks, trees, driveway aprons and parkway landscaping in front of individual lots (such excluded improvements, the "Occupancy Improvements"). The Unit lA Bond may be called by the City if the bonded subdivision improvements within that portion of the Avanti Property within Unit lA are not completed on or before the issuance of the 28th occupancy permit within Unit IA. The Unit 2 Bond may be called by the City if the bonded subdivision improvements within that portion of the Avanti Property within Unit 2 are not completed on or before the issuance of the 42nd occupancy permit within that portion of the Avanti Property within Unit 2. The City shall not be obligated to issue any occupancy permit in Unit 1 or Unit 2 unless the person applying for such occupancy permit has completed the Occupancy Improvements or, if weather prohibits completion, has otherwise provided City with reasonable assurances of the completion of the Occupancy Improvements when weather allows. 5. Upon release of any Bond referenced herein (other than a return of the Barreville Road Bond to Avanti due to the right -of way for Barreville Road not being available as 2 provided in Section 6 below), Avanti will post a one year maintenance bond for the bonded improvements in accordance with City ordinances. 6. Upon Avanti's tender of the Replacement Security„ the City will accept the Replacement Security and will cancel the following Existing Bonds: The Oaks at Irish Prairie /Unit lA /Bond No. 5039227 The Oaks at Irish Prairie /Unit 2 /Bond No. 5039226 The Oaks at Irish Prairie /Barreville Road /Bond No. 5039225 7. The City acknowledges that the Barreville Road Bond shall be deposited with the City with the understanding that certain Barreville Road improvements cannot be made until such time as right -of --way for the road is acquired by the City from adjacent owners. If the City acquires the right-of-way prior to Avanti commencing the improvements bonded under the Unit 2 Bond, Avanti will complete the Barreville Road improvements no later the issuance of the 42nd occupancy permit within Unit 2. If the City acquires the right- of-way after that date but before the Unit 2 Bond is released, Avanti will complete the Barreville Road improvements in a commercially reasonable time. If, at the time the Unit 2 Bond is released the necessary right-of-way has not been acquired by the City, the Barreville Road Bond shall be returned to Avanti and Avanti shall pay the City an amount equal to the cost of the improvements bonded by the Barreville Road Bond (as determined by a then current Engineer's Estimate of Probable Construction Cost prepared in accordance with generally accepted engineering practices) and thereafter Avanti shall have no obligations whatsoever in regard to Barreville Road or the Barreville Road Bond. Avanti's inability to install the Barreville Road improvements shall not be a bar to the return and cancellation of the Barreville Road Bond nor shall it delay the issuance of any permits or other approvals by the City. Avanti agrees to prepare a plat of dedication for the required Barreville Road right -of --way and deliver it to the City within 45 days of Avanti's acquisition of the Avanti Property. 8. The City acknowledges and agrees that upon Avanti's deposit of the Replacement Security, Hovsite will have no further obligations under the Annexation Agreement other than those that directly relate to the satisfaction of the Unit 1 Maintenance Work. 9. This Agreement maybe assigned by Avanti to an affiliate. City agrees to allow Avanti to substitute bonds having the same terms as the bonds referenced herein with new bonds that reference an Avanti affiliate that is the owner of record of the Avanti Property and upon such substitution, the defined terms herein shall be deemed to apply to the substituted bonds. 10. The City acknowledges that as of the date of this Release Agreement, there are no amounts due and owing to the City which shall be the responsibility of Avanti and that there are no agreements with the City that affect the Avanti Property other than the Annexation Agreement 3 11. The City acknowledges that as of the date of this Release Agreement, the Annexation Agreement is in full force and effect, that no defaults exist thereunder, that the zoning referenced in the Annexation Agreement is the current zoning, and that there is no moratorium or municipal ordinance that currently bars the issuance of building permits and occupancy permits for the Avanti Property. 12. Hovsite is an intended beneficiary of this Release Agreement and may rely on the same. 13. This Release Agreement is conditioned upon Avanti's acquisition of the Avanti Property. This Agreement shall terminate and be of no force and effect if the Avanti Property is not acquired by Avanti on or before (SIGNATURE PAGE FOLLOWS) (REMAINDER OF PAGE INTENTIONALLYLEFT BLANK) IN WITNESS WHEREOF, the City and Avanti have executed and delivered this Release Agreement as of , 20160 City of McHenry By: Susan E. Low, Mayor Date By: its President Date By: IDI:\Ifi.�YYI\ THE AVANTI PROPERTY PARCEL 1: LOTS 6, 8, 9, 21, 29, 37, 42, 44, 46, 47, 50, 51, 53, 54, 55, 56, 57, 63 THROUGH 77, BOTH INCLUSIVE, 86 THROUGH 92, BOTH INCLUSIVE, 94 THROUGH 142, BOTH INCLUSIVE, AND PARCELS 4 AND 6, IN THE OAKS AT IRISH PRAIRIE - UNIT 11 BEING A SUBDIVISION OF PART OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 19, 2006 AS DOCUMENT 2006R0077160, AND CERTIFICATE OF CORRECTION RECORDED OCTOBER 30, 2006 AS DOCUMENT 2006R0079583, AND CERTIFICATE OF CORRECTION RECORDED JULY 18, 2007 AS DOCUMENT 2007R0049725, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: LOTS 143 THROUGH 2O6, BOTH INCLUSIVE, IN THE OAKS AT IRISH PRAIRIE - UNIT 2, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 19, 2006 AS DOCUMENT 2006R0077162, IN MCHENRY COUNTY, ILLINOIS. C 4830-1352-9136, v. 6 EXHIBIT S THE REPLACEMENT SECURITY 7 ANN FI sawtW&P SUBDIVISION IMPROVEMENTS a;me/wa PERFORMANCE BOND Bond No. SEIFSU12345 Initial Premium $ 3,864.00 Subject to Renewal KNOW ALL MEN BY THESE PRESENTS: That we, Avanti Strategic Land Investors VIII, L.L.L.P., as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly authorized under the laws of the State of New Jersey, as Surety, are held and firmly bound unto City of McHenry, as Obligee in the full, just and penal sum of Three Hundred Eighty Six Thousand Three Hundred Eighty -Four and 25/100 Dollars ($386,384.25) lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be paid unto said Obligee we jointly and severally bind ourselves, our successors and assigns. Whereas, the Principal and Obligee have entered into an agreement dated May 2, 2016, and identified as The Oaks at Irish Prairie, Unit IA, McHenry, Illinois ("Project"), which agreement is made a part hereto as if written herein at length, whereby principal agrees to, on or before issuance by the City of McHenry of the 28'h occupancy permit within Unit 1A of the Project, install and complete certain designated public improvements, and has further agreed as a condition of acceptance of the designated public improvements that Principal shall have paid for all material used in constructing the designated improvements, whether by subcontractor or otherwise; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, Therefore, the condition of this obligation is such that if the Principal, its successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any amendments made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the. penal amount specified above, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The parties agree Illinois law applies to this Bond agreement and exclusive venue shall be in the 22nd Judicial Circuit Court, McHenry County, Illinois. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Sanford, Florida, this day of 2016. Avanti Strategic Land Investors VIH, L.L.L.P. International Fidelity Insurance Company I� /Principal Laura D. Mosholder/Attorney-in-Fact Inquiries: 407/330-3990 Z:\IVI�McHenryCiTyoflAvantiOaksIrishPrairie\IFIC SubdivisionBond2.docx 0A FI SwcekjoPeip SUBDIVISION IMPROVEMENTS PERFORMANCE BOND Bond No. SEIFSU12345 Initial Premium $10,567.00 Subject to Renewal .KNOW ALL MEN BY THESE PRESENTS: That we, Avanti Strategic Land Investors VIII, L.L.L.P., as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly authorized under the laws of the State of New Jersey, as Surety, are held and firmly bound unto City of McHenry, as Obligee in the full, just and penal sum of One Million Fifty Six Thousand Six Hundred Fifty -Four and 09/100 Dollars ($1,056.654.09) lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be paid unto said Obligee we jointly and severally bind ourselves, our successors and assigns. Whereas, the Principal and Obligee have entered into an agreement dated May 2, 2016, and identified as The Oaks at Irish Prairie, Unit 2, McHenry, Illinois ("Project"), which agreement is made apart hereto as if written herein at length, whereby principal agrees to, on or before issuance by the City of McHenry of the 42nd occupancy permit within Unit 2 of the Project, install and complete certain designated public improvements, and has further agreed as a condition of acceptance of the designated public improvements that Principal shall have paid for all material used in constructing the designated improvements, whether by subcontractor or otherwise; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, Therefore, the condition of this obligation is such that if the Principal, its successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any amendments made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the penal amount specified above, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The parties agree Illinois law applies to this Bond agreement and exclusive venue shall be in the 22nd Judicial Circuit Court, McHenry County, Illinois. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Sanford, Florida, this day of 2016. Avanti Strategic Land Investors VIH, L.L.L.P. By International Fidelity Insurance Company /Principal Laura D. Mosholder/Attorney-in-Fact Inquiries: 407/33 0-3990 ii FI Sunehp&p SUBDIVISION IMPROVEMENTS """'904 PERFORMANCE BOND Bond No. SEIFSUI2345 Initial Premium $4,946.00 Subject to Renewal KNOW ALL MEN BY THESE PRESENTS: That we, Avanti Strategic Land Investors VIII, L.L.L.P., as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duty authorized under the laws of the State of New Jersey, as Surety, are held and firmly bound unto City of McHenry, as Obligee in the full, just and penal sum of Four Hundred Ninety Four Thousand Five Hundred Seventy -Six and 21/100 Dollars ($494,576.21) lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be paid unto said Obligee we jointly and severally bind ourselves, our successors and assigns. Whereas, the Principal and Obligee have entered into an agreement dated May 2, 2016, and identified as The Oaks at Irish Prairie, Barreville Road Improvements, McHenry, Illinois ("Project"); which agreement is made a part hereto as if written herein at length, whereby principal agrees to, on or before issuance by the City of McHenry of the 42nd occupancy permit within Unit 2 of the Project, install and complete certain designated public improvements, and has further agreed as a condition of acceptance of the designated public improvements that Principal shall have paid for all material used in constructing the designated improvements, whether by subcontractor or otherwise; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, Therefore, the condition of this obligation is such that if the Principal, its successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any amendments made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the penal amount specified above, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by Obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The parties agree Illinois law applies to this Bond agreement and exclusive venue shall be in the 22nd Judicial Circuit Court, McHenry County, Illinois. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at Sanford, Florida, this day of 2016. Avanti Strategic Land Investors VIII, L.L.L.P. By /Principal International Fidelity Insurance Company Laura D. Mosholder/Attorney-in-Fact Inquiries: 407/33 0-3990 Z:�McHenryCityoflAvantiOaksIrishPrairie\IFIC Subdivision]ond2.docx WATERMAIN- LEGEND I EXISTING PROPOSED DESCRIPTION O O YAMHOLE O • earcx Baslx ❑ ■ Ixl.er • OINLET Mf e0i WALL -d � ENOOSECTIOM -JJ- J}- TORY SREwsp -J- ->-- EWEp -w- -w- WATERYAIx ® 9 vAL a eox ® en VALVe <UML 66 ® ® ATEp VI LYe IN Y ELT V Y xYORAxi CONTOURS (El£V) ELEV ELEVATIOM9 tt t sTReer L OPROTEC ��"� V!� pPexcE lil slLr INLei po� ��� TEMPORARY STRAW B LE OY ERFLOW ROUTE FINAL SITE DEVELOPMENT PLANS FOR I � � � � � � - �_ '� _ � UNITS 1 and 2 McHENRY, ILLINOIS NITARY SEWER -STREET -STREET LIGHTING A,;�VD DRAINAGE I MPROVEMENTS INDEX OF SHEETS I. TITLE SHEET 2.-3. CONSTRUCTION SPECIFICATIONS - GENERAL NOTES 4. STREET PAVEMENT DESIGN AND DETAILS ® 5.-6. OVERALL STREET LIGHTING AND STRIPING PLAN AND DETAILS 7 -fl OVERALL SANITARY SEWER AND WATERMAIN PLAN 6E NOTED) TCN CXECR PARTIAL RE THE RECORD DRAM WAS 09TAINEO DY CONDUCTED ON TH OR DRAWING RNATION INDICATED HEREON LTD. DUPoNG FlETD SIIR NG DATES: IG INF I �I FO n FE9 0 y 2011� y IMCHenry s� REC. OATADATA 2. PROP. DATA - FOR UNDERGROUND UTILITY �, (Rec DATq - LOCATIONS, CALL x. DneRscD J.U.L. I norv�o �;,�;BYTh .E. TOLL FREE nErn�Tnn,� TEL. 1-BOO-692.0123 Ac uRncr oR'v FRevARED rDR: \\\ TOWN & COUNTRY HOMES 1806 SOUTH HIGHLAND AVENUE LOMBARD, ILLINOIS 60148 (630) 953-2222 mRD DATA - PRDPngD Dorn mono MraxuAeau REcaRD DRAMxrs Ixamnnxs 9.-10. OVERALL STORM SEWER PLAN II.-29. DRAINAGE AND GRADING PLANS 30. PLAN fl PROFILE: VETERANS PARKWAY - STA. 5.00.00 TO STA. 16.50.00 / ROSSLARE DRIVE 31. PLAN fl PROFILE: VETERANS PARKWAY - STA. I6+50.00 TO STA. 27.00.00 32. PLAN a PROFILE: VETERANS PARKWAY - STA. 27+00.00 TO STA. 38.31.15 33. PLAN 8 PROFILE: ENFIELD DRIVE - STA. 40.00.00 TO STA. 52.50.00 ® 34. PLAN 8 PROFILE: ENFIELD DRIVE / FLYNN STREET - STA. 52.50.00 TO STA. 66.50.00 ® 35. PLAN 8 PROFILE: FLYNN STREET - STA. 66+50.00 TO STA. 78+50.00 ® 36. PLAN a PROFILE: FLYNN STREET / DOOLIN AVENUE - STA. 78.50.00 TO STA. 89.50.00 N 37. PLAN 8 PROFILE: DOOLIN AVENUE - STA. 89.50.00 TO STA. 98.87.48 � 38. PLAN fl PROFILE: DOHERTY LANE ® 39. PLAN fl PROFILE: MURPHY DRIVE - STA. 130+00.00 TO STA. 139+00.00 ® 40. PLAN a PROFILE: MURPHV DRIVE - STA. 139+00.00 TO STA. 147.64.47 ® 41. PLAN a PROFILE: KENMARE LANE / CHARMgR LANE � 42. PLAN fl PROFILE: CASHEL LANE / CARRICK CIRCLE - STA. I55+00.00 TO STA. 169.00.00 43. PLAN 6 PROFILE: CARRICK CIRCLE / DUNDALK LANE - STA. 169+00.00 TO STA. 181+82.70 44. SANITARY SEWER AND WATERMAIN DETAILS 45. DRAINAGE STRUCTURE DETAILS L O C A T I O N MA P ER -I - ER-3. OVERALL SOIL EROSION AND SEDIMENTATION CONTROL PLAN i ER-4. SOIL EROSION AND SEDIMENTATION CONTROL�DETAILS ANO CERTIFICATIONS A ME -I. MASS EARTHWORK PLAN - OVERVIEW ® ME-2. MASS EARTHWORK PLAN - TEMPORARY SWALES NE -I - NE-2. GAS LINE CROSSING DETAILS - - IRI. - R2. RECORD EXHIBIT OF SERVICES) -""-" ` I R3. RECORD EXHIBIT OF BORROW PITS / STOCKPILESI �' BENCH MARKS IR4. RECORD BASINI FEB 32111 STATEMENT OF OPINION �-----_ _. PRD�ecT ¢evnnax ROTpwcE MARRs _ uuNttLCEmNen RUTR aeLSDnATa 9 MAW w Y R� W � s� mwnwnti. mwuwrtowc.rm om,cr 5rA MdIDlRT R8n0 >Sa160 .. mama, �o,a. ww A,: murmur now u rwea - m n wmu. .osxm ro O NELL �R )35.13i olnm mun NVDt >A6.584 rwrm.,numw wmnmweun ma m.a norms.. uw a`�.avu,mmmow.,n�vnumnMrm¢wc mwu���°°`x eon e+wwuOw�iim,ixamxr T2 mmxu mr.mv mx¢ua �'�O ��Om ���"w �ii,n rw us er M.m rwm wm�o _- o o,..rw our o..�Nm� .,. ,»am,.,.. - o 0 -mn.u. s+c xs, m-, a m-z A �E-, our mzom vm�,�. user A c' xl c.P,.� aM1v „mn.e. w CEMCON, Ltd. R E v I s I o N s JOB N0. 613.022 '� N0. OAIE SHEETS N0. DATE SHEETS coreultinS Engineers, Land Surveyors a• planners COMPLETION DATE 2280 Whife Oak Circle, Suite 100 - - - s�t w3z0.A UJc al�lm �� Aaron, Illinois 6os02-9675 - _ _ - - - FEBRUARY 24, 2006 Ph: 630.862.2100 Fax: 630.662.2199 SHEET 1 OF 45 E-Mail: caddOcemcon.com Website: www.cemcan.com _ -._ __ .__ .._ _ _ _ _ _ _ _ _ - SEE SHEET 6 180 83 82 81 80 79 78 77 76 75 /4 /� �d 71 179 w PARCEL 6 � Q� � PARCEL 8 � 178 � ^ _ UNIT 1 177 wJ °rPARCEL 7 YNIr 1 j 104 t3 O r7sr11fi a-s 94 95 96 97 96 99 100 701 702 103 �e` 0 176 � 105 sue" ' e 1 181 93 ,. HAS 1750 84 _ DOxERTY LAZE 106 = 174 182 �' 92 12 85 107 ?`G 1 172 173 783 � 117 176 115 114 113 112 711 110 109 0 171 184 206 _ � B6 B1 � 108 na � � O _ 90 �` �, 169 185 205 87 � ,< 118 119 720 121 122 123 124 125 126 —� 168 Q 186 PARCEL O 767 � 187 88 89 2®-' 15 166 f17`�� 88 203 20� - � PARCEL 9 165 O 89 202 ® FLYNN Si1EEET 190 201 164 191 200 792 199 141 740 739 138 137 136 135 134 133 132 131 130 129 128 127 �y �193 198 � 142 unlT A - 163 197 z � 143 uxlT z 196 144 162 194 195 � � 145 •\ y 146 761 147 148 760 PARCEL 14 � 149 0150 1590 PARCEL 12 � 158 +Q 151 157 152 156 155 154 153 � Gt (u �"1�Eo) ��•• _ _ �Nlre NmE Pe. oxa, ti 7 INE1F mA¢ •�� � uo � �. swc Nalc _ _ _ _ _ _ � i^ � / m TWICAL PAVEMENT MARKING � �— ��-- nti ae..�ee wM (x1s1 � �"Ft==- gk2RY� � PREPARm POR: � - `=� - � ` TOWN & COUNTRY HOMES CEMC(�N, Ltd. _ "° °"'�W� 1806 SOUTH HIGHLAND AVENUE e g Conrsultin9 Engine tan wn'eren � Plennen LOMBARD ILLIN OIS 60148 �� zz�oswnae oGR �le, s�lte iW A IIIIneIn �2-9BJG � (63D) 953-2222 PA: 6JO.Sfi22100 Eax: 630.862.2199 -Nail: coEtlOce Webaite: w on co ww.cemron.com I-12� .Nc RENND L L_ _ _.... - _.. ___ I _.. PARCEL 11 uuml.um Pml. wAD5WOR1H 5oN�c i 0 WA99� R�B�eixs �NeniN Guile see¢ ® ® DPDDNS OIO __ n� _ _ __� 1-P`• .�._�_�_u�.� e..�_ �—, �.._ —n ANENGRAc9cunr< .q �v r I�M1��-�i_�L NOIES -\�\\\ - HEucu srAE uwnxG rouxBAnws - HOWPIIANE WASHMGTON POSNTE WAG9WORM SRtlE9 POLE - 4' NDGNT - D�IX PONDER O]AT FlN6N - AWYINUM - B' fiUDNO — Ho ISGTD, P�,i,TE wNINA�RE N ® a�A�xN�/ K E A P Nmuh LEGEND SYMBOL DESCRIPTION E, 1N6 YOUNTINGANEH a„TU +} ns wArr METAL xsu oE, '-� a "� ^� � �� �%� 1/' MOUNTING XEIGMT •/61GN NUYU 11GxT INOGI0ENU9F�cAiIONAINO TAB: DWT01 P NASE OE6IGNATIONrI AIff: OVERALL reoMml®:NAB G�,�,,. uA Aa Hoev ,..,�..� OVERALL STREET LJGHTING AND STRIPING PLAN AND DETAILS THE OAKS AT IRISH PRAIRIE UNITS 1 AND 2 FUe1FE OAK6 AT IW.Nf PRNflIf UNIT 4 O I ... -. ---- � N ,_ ,__-�- �.m .:�.. ---�- o �N. O n-1 � PARCEL 2 PARCEL 4 56 � II 17 59 --�-- O '� C '1R R/q� 76 60 15 � I �I ' o PARCEL n I '�e'' 14 q} 3 — � � 61 I 13 ig 9 19 �oF II 12 62 20 O 43 i 11 7 i 42 10 22 63 y 41 O � I EI ^ 9 23 4p - 64 Qy� 8 24 39 � I O O� � 7 25 36 45 65 � t� u�` 37 � 6 �` 26 3 46 I I �S 47 66 n-1 � 36 i �. 27 57 20� 48 � 67 I I 4 28 35 0 �49 56 I 3 n-1 �29 34 55 _ i 68� ! 50 � I 30 33 54 ^$' � ! I o-1 2 IEL 51 `� c 69 i I PAR 31 32 52 53 ��� PA 5CE � � r, j 1 O O c PARCEL:' I� KEY MAP 4 ! I ®MURPHY DRI as- �/ I � 70 I PARCEL 5 O I ? ^° e 1179 82 81 80 79 78 77 76 75 74 73 72 71 I I� � 80 'De'' 83 c.. ? o � 3 a PARC 6 � EL •PARCEL 8 178 ^ a�Jgi^°4PARCEL uxlr T _ 111 7 UMIT a 104 \,.,. g 177 _ 95 96 97 98 99 100 101 702 103 g q4 � LEGEND g I ��� ����� SYMBOL DESCRIPTION � } T6 MATT YET.AI HALIDE, tl NeIOMT � I 1wS' YOUXTIINONNE�GNT rI%SION (� NUYBEBINO SYSTEM U6ED OM PLA�ND FON LIOMTIMD IOENTIFICATI ON PN�6E DE616MAT ION _ � TAB: UCHTD2 XREF: OVERALL', PREPAREp FDIC REVISINNOS mpMer�t6xcoa [moan, tta �e rpme ravwa. TOWN &COUNTRY HOMES T�T'��{ �v CL1VllJ fa 1� N Ltd. Np. pATE 06CRIPIION �� p6CRIP110N OVERALL STREET LIGHTING AND STRIPING PLAN AND DETAILS, a 1806 SOUTH HIGHLAND AVENUE s � ConzulBng Engine Lc Surveyors k Plonnars - - � LOMBARD, ILLINOIS 60148 2z� Wmle N r<m, iee 1Gp THE OAKS AT IRISH PRAIRIE UNITS 1 AND 2 � g (630) 953-2222 PMrara. Illinois fi PN: 630.Xfi2.2100� 'I� 02-96 Fax: 6 630.Bfi2.2199 _ FILE NAME: 0�'k UTIL 09CN. BY: RV9 JOB N0: 613.022 R.D. BK./FG.: --- SHEET N0. - c O We •i w w ¢ c - 01R 61J022 ORN. BY: JGL PATE 02-24-06 SCN.E 1' = 100' 6 0l 45 i —.. _.__.._.. —..— ____._. —T __.._.—.—.._. _.. __.... _. � i BEST'S FINANCIAL STRENGTH RATING GUIDE A Best's Financial Strength Rating (FSR) is an independent opinion of an insurer's financial strength and ability to meet its ongoing insurance policy and contract obligations. An FSR is not assigned to specific insurance policies or contracts and does not address any other risk, including, but not limited to, an insurer's claims -payment policies or procedures; the ability of the insurer to dispute or deny claims payment on grounds of misrepresentation or fraud; or any specific liability contractually borne by the policy or contract holder. An FSR is not a recommendation to purchase, hold or terminate any insurance policy, contract or any other financial obligation issued by an insurer, nor does it address the suitability of any particular policy or contract for a specific purpose or purchaser. Best's Financial Strength Rating (FSR) Scale Rating Rating Rating Category Categories Symbols Notches* Definitions Superior A+ A++ Assigned to insurance companies that have, in our opinion, a superior ability to meet their ongoing insurance obligations. Excellent A A- Assigned to insurance companies that have, in our opinion, an excellent ability to meet their ongoing insurance obligations. Good B+ B++ Assigned to insurance companies that have, in our opinion, a good ability to meet their ongoing insurance obligations. Fair B B_ Assigned to insurance companies that have, in our opinion, a fair ability to meet their ongoing insurance obligations. Financial strength is vulnerable to adverse changes in underwriting and economic conditions. Marginal C+ C++ Assigned to insurance companies that have, in our opinion, a marginal ability to meet their ongoing insurance obligations. Financial strength is vulnerable to adverse changes in underwriting and economic conditions. Weak C C- Assigned to insurance companies that have, in our opinion, a weak ability to meet their ongoing insurance obligations. Financial strength is very vulnerable to adverse changes in underwriting and economic conditions. Poor D _ Assigned to insurance companies that have, in our opinion, a poor ability to meet their ongoing insurance obligations. Financial strength is extremely vulnerable to adverse changes in underwriting and economic conditions. 'Each Best's Financial Strength Rating Category from 'A+" to "C" includes a Rating Notch to reflect a gradation of financial strength within the category. A Rating Notch is expressed with either a second plus "+" or a minus FSR Non -Rating Designations Designation Designation Symbols Definitions Status assigned to insurance companies that are publicly placed under a significant form of regulatory supervision, control or restraint - E including cease and desist orders, conservatorship or rehabilitation, but not liquidation - that prevents conduct of normal ongoing insurance operations; an impaired insurer. F Status assigned to insurance companies that are publicly placed in liquidation by a court of law or by a forced liquidation; an impaired insurer. Status assigned to rated insurance companies to suspend the outstanding FSR when sudden and significant events impact operations and S rating implications cannot be evaluated due to a lack of timely or adequate information; or in cases where continued maintenance of the previously published rating opinion is in violation of evolving regulatory requirements. NR Status assigned to insurance companies that are not rated; may include previously rated insurance companies or insurance companies that have never been rated by AMB. Rating Disclosure: Use and Limitations A Best's Credit Rating (BCR) is a forward -looking independent and objective opinion regarding an insurer's, issuer's or financial obligation's relative creditworthiness. The opinion represents a comprehensive analysis consisting of a quantitative and qualitative evaluation of balance sheet strength, operating performance and business profile or, where appropriate, the specific nature and details of a security. Because a BCR is a forward -looking opinion as of the date it is released, it cannot be considered as a fact or guarantee of future credit quality and therefore cannot be described as accurate or inaccurate. A BCR is a relative measure of risk that implies credit quality and is assigned using a scale with a defined population of categories and notches. Entities or obligations assigned the same BCR symbol developed using the same scale, should not be viewed as completely identical in terms of credit quality. Alternatively, they are alike in category (or notches within a category), but given there is a prescribed progression of categories (and notches) used in assigning the ratings of a much larger population of entities or obligations, the categories (notches) cannot mirror the precise subtleties of risk that are inherent within similarly rated entities or obligations. While a BCR reflects the opinion of A.M. Best Company Inc. (AMB) of relative creditworthiness, it is not an indicator or predictor of defined impairment or default probability with respect to any specific insurer, issuer or financial obligation. A BCR is not investment advice, nor should it be construed as a consulting or advisory service, as such; it is not intended to be utilized as a recommendation to purchase, hold or terminate any insurance policy, contract, security or any other financial obligation, nor does it address the suitability of any particular policy or contract for a specific purpose or purchaser. Users of a BCR should not rely on it in making any investment decision; however, if used, the BCR must be considered as only one factor. Users must make their own evaluation of each investment decision. A BCR opinion is provided on an "as is" basis without any expressed or implied warranty. In addition, a BCR may be changed, suspended or withdrawn at any time for any reason at the sole discretion of AMB. BCRs are distributed via the AMB website at www.ambest.com. For additional information regarding the development of a BCR and other rating -related information and definitions, including outlooks, modifiers, identifiers and affiliation codes, please refer to the report titled "Understanding Best's Credit Ratings" available at no charge on the AMB website. BCRs are proprietary and may not be reproduced without permission. Copyright © 2015 by A.M. Best Company, Inc. Version 061515 M BEST BEST'S ISSUER CREDIT RATING GUIDE A Best's Issuer Credit Rating (ICR) is an independent opinion of an entity's ability to meet its ongoing financial obligations and can be issued on either a long- or short-term basis. A long-term ICR is an opinion of an entity's ability to meet its ongoing senior financial obligations, while a short-term ICR is an opinion of an entity's ability to meet its ongoing financial obligations with original maturities generally less than one year. An ICR is an opinion regarding the relative future credit risk of an entity. Credit risk is the risk that an entity may not meet its contractual financial obligations as they come due. An ICR does not address any other risk. In addition, an ICR is not a recommendation to buy, sell or hold any securities, contracts or any other financial obligations, nor does it address the suitability of any particular financial obligation for a specific purpose or purchaser. Best's Long -Term Issuer Credit Rating (ICR) Scale Rating Rating Rating Category Categories Symbols Notches* Definitions Exceptional aaa Assigned to entities that have, in our opinion, an exceptional ability to meet their ongoing senior financial obligations. Superior as aa+ / aa- Assigned to entities that have, in our opinion, a superior ability to meet their ongoing senior financial obligations. Excellent a a+ / a- Assigned to entities that have, in our opinion, an excellent ability to meet their ongoing senior financial obligations. Good bbb bbb+ / bbb- Assigned to entities that have, in our opinion, a good ability to meet their ongoing senior financial obligations. Fair bb bb+ / bb- Assigned to entities that have, in our opinion, a fair ability to meet their ongoing senior financial obligations. Credit quality is vulnerable to adverse changes in industry and economic conditions. Marginal b b+ / b- Assigned to entities that have, in our opinion, a marginal ability to meet their ongoing senior financial obligations. Credit quality is vulnerable to adverse changes in industry and economic conditions Weak ccc ccc+/ ccc- Assigned to entities that have, in our opinion, a weak ability to meet their ongoing senior financial obligations. Credit quality is vulnerable to adverse changes in industry and economic conditions. Very Weak cc _ Assigned to entities that have, in our opinion, a very weak ability to meet their ongoing senior financial obligations. Credit quality is very vulnerable to adverse changes in industry and economic conditions. Poor c _ Assigned to entities that have, in our opinion, a poor ability to meet their ongoing senior financial obligations. Credit quality is extremely vulnerable to adverse changes in industry and economic conditions. *Best's Long -Term Issuer Credit Rating Categories from 'aa" to "ccc" include Rating Notches to reflect a gradation within the category to indicate whether credit quality is near the top or bottom of a particular Rating Category. Rating Notches are expressed with a `+" (plus) or "-" (minus). Best's Short -Term Issuer Credit Rating (ICR) Scale Rating Rating Category Categories Symbols Definitions Strongest AMB-1+ Assigned to entities that have, in our opinion, the strongest ability to repay their short-term financial obligations. Outstanding AMB-1 Assigned to entities that have, in our opinion, an outstanding ability to repay their short-term financial obligations. Satisfactory AMB-2 Assigned to entities that have, in our opinion, a satisfactory ability to repay their short-term financial obligations. Adequate AMB-3 Assigned to entities that have, in our opinion, an adequate ability to repay their short-term financial obligations; however, adverse industry or economic conditions likely will reduce their capacity to meet their financial commitments. Questionable AMB-4 Assigned to entities that have, in our opinion, questionable credit quality and are vulnerable to adverse economic or other external changes, which could have a marked impact on their ability to meet their financial commitments. Long- and Short -Term ICR Non -Rating Designations Designation Designation Symbols Definitions d Status assigned to entities (excluding insurers) that are in default or when a bankruptcy petition or similar action has been filed and made public. Status assigned to insurers that are publicly placed under a significant form of regulatory supervision, control or restraint - including cease and e desist orders, conservatorship or rehabilitation, but not liquidation - that prevents conduct of normal ongoing operations; an impaired entity. f I Status assigned to insurers that are publicly placed in liquidation by a court of law or by a forced liquidation; an impaired entity. Status assigned to rated entities to suspend the outstanding ICR when sudden and significant events impact operations and rating s implications cannot be evaluated due to a lack of timely or adequate information; or in cases where continued maintenance of the previously published rating opinion is in violation of evolving regulatory requirements. nr Status assigned to entities that are not rated; may include previously rated entities or entities that have never been rated by AMB. Rating Disclosure: Use and Limitations A Best's Credit Rating (BCR) is a forward -looking independent and objective opinion regarding an insurer's, issuer's or financial obligation's relative creditworthiness. The opinion represents a comprehensive analysis consisting of a quantitative and qualitative evaluation of balance sheet strength, operating performance and business profile or, where appropriate, the specific nature and details of a security. Because a BCR is a forward -looking opinion as of the date it is released, it cannot -be considered as a fact or guarantee of future credit quality and therefore cannot be described as accurate or inaccurate. A BCR is a relative measure of risk that implies credit quality and is assigned using a scale with a defined population of categories and notches. Entities or obligations assigned the same BCR symbol developed using the same scale, should not be viewed as completely identical in terms of credit quality. Alternatively, they are alike in category (or notches within a category), but given there is a prescribed progression of categories (and notches) used in assigning the ratings of a much larger population of entities or obligations, the categories (notches) cannot mirror the precise subtleties of risk that are inherent within similarly rated entities or obligations. While a BCR reflects the opinion of A.M. Best Company Inc. (AMB) of relative creditworthiness, it is not an indicator or predictor of defined impairment or default probability with respect to any specific insurer, issuer or financial obligation. A BCR is not investment advice, nor should it be construed as a consulting or advisory service, as such; it is not intended to be utilized as a recommendation to purchase, hold or terminate any insurance policy, contract, security or any other financial obligation, nor does it address the suitability of any particular policy or contract for a specific purpose or purchaser. Users of a BCR should not rely on it in making any investment decision; however, if used, the BCR must be considered as only one factor. Users must make their own evaluation of each investment decision. A BCR opinion is provided on an "as is" basis without any expressed or implied warranty. In addition, a BCR may be changed, suspended or withdrawn at any time for any reason at the sole discretion of AMB. BCRs are distributed via the AMB website at www.ambest.com. For additional information regarding the development of a BCR and other rating -related information and definitions, including outlooks, modifiers, identifiers and affiliation codes, please refer to the report titled "Understanding Best's Credit Ratings" available at no charge on the AMB website. BCRs are proprietary and may not be reproduced without permission. Copyright 0 2015 by A.M. Best Company, Inc. Version 061515