HomeMy WebLinkAboutOrdinances - 24-13 - 03/18/2024 - Taylor PLace Apartments Development Agreement CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance 24-13
ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A
DEVELOPMENT AGREEMENT WITH TAYLOR PLACE
APARTMENTS— MCHENRY LLC FOR THE TAYLOR PLACE
APARTMENTS MULTIFAMILY DEVELOPMENT
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
March 18, 2024
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry, McHenry County, Illinois this 19th day of March 2024
ORDINANCE NO 24-13
ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT WITH
TAYLOR PLACE APARTMENTS — MCHENRY LLC FOR THE TAYLOR PLACE APARTMENTS
MULTIFAMILY DEVELOPMENT
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY,
MCHENRY COUNTY, ILLINOIS,AS FOLLOWS:
SECTION 1: The Taylor Place Apartments McHenry Development Agreement between
the City of McHenry and Taylor Place Apartments— McHenry, LLC, dated March 18th, 2024 is
attached to this ordinance and incorporated herein by reference as Exhibit "A".
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as
Mayor and City Clerk to said Agreement for the uses and purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its passage,
approval, and publication in pamphlet form as provided by law.
Passed this 18th day of March, 2024.
Aves Nays Absent Abstain
Alderwoman Bassi x
Alderman Glab x
Alderman Koch x
Alderman McClatchey x
Alderwoman Miller x
Alderman Santi x
Alderman Strach x
/'►' �
Wayne Jett, Mayor Trisha Ramel, City Clerk
EXHIBIT A
Taylor Place Apartments McHenry Development Agreement dated March 18, 2024
1
TAYLOR PLACE
APARTMENTS MCHENRY
DEVELOPMENT AGREEMENT
This TAYLOR PLACE
APARTMENTS DEVELOPMENT
AGREEMENT("AgreemenY')
made and entered into this,
("Effective Date")by and between
the CITY OF MCHENRY,an
Illinois municipal corporation
(hereinafter referred to as"CITY"),
and Taylor Place Apartments—
McHenry,LLC a Wisconsin limited This space reserved for Recorder's use only.
liability company("Property
Owner").
RECITALS
A. Taylor Place Apartments — McHenry, LLC., is the owner of the property, specifically parcel
identification numbers 09-27-480-001, 09-27-480-005, 09-27-480-006, and 09-34-228-002 in
McHenry, IL and further identified in EXHIBIT A consisting of approximately 2.91 acres and is
attached hereto and made a part of this Agreement by reference, hereinafter refened to as the
"Subject Property"conditioned upon securing certain approvals from the CITY.
B. The Subject Property is currently zoned RM-2 High-Density Multifamily Residential District with
a Planned Unit Development(PUD),pursuant to the City's Zoning Ordinance.
NOW,THEREFORE, in consideration of the mutual promises set forth herein and other good and
valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the CITY and the
Property Owner hereby agree as follows:
l. Incorporation of Recitals. The foregoing recitals and all exhibits attached hereto shall be and are
hereby incorporated in this Paragraph I as if said recitals and exhibits were fully set forth herein.
2. Construction of Multi-Familv Dwelling Units. The Property Owner shall have the right to construct
up to fifty(50)Multi-Family Dwelling Units upon the Subject Property,including a clubhouse and
related amenities ("Improvements") in substantial conformance with the plans and specifications
identified on EXHIBIT B (collectively the "Plans"). Any change or modification of the
Improvements shown on Exhibit B that are determined "Major" shall only be approved by
amendment of this Agreement. Major modifications of the Improvements shall be determined by
the City Administrator and include but not limited to the following: changes in the following of
greater than 10%: floor space, lot coverage,height, setbacks, open space; changes in the location
of buildings,open space,plantings,parking,uses,density,and circulation system.Any changes not
deemed Major shall be considered minor and may be administratively approved by the City
Administrator.The Property Owner may appeal the City Administrator's designation of any change
or modification as minor or major to the City Council, whose decision on the matter shall be
considered final.
3. Infrastructure. The Property Owner shall make the following off-site improvements:
1
a. Curbs. Curb removal and replacement and/or curb cuts as required by the City Engineer
to accommodate its driveway configuration as provided on Exhibit B titled"Site Plan".
b. Off-site Road Improvements. None.
c. Water services. Extension of the existing City potable water main to service the Subject
Property. Each of the building Improvements shall be separately connected with service
lines to the City potable water main. These water services,to the maximum extent practical
and if installed on the far side from the water main shall be installed by directional drilling,
to avoid cuts in the finished pavement.
d. Sanitary sewer. Extension of the existing City sanitary sewer main to service the Subject
Property.
e. Public sidewalks. Installation of public sidewalks,if required by City Council,adjacent to
the Subject Property and along the north side of Mill Street that extends east by
approximately 200 feet, more or less, to connect with the Prairie Path. Property Owner
shall obtain all necessary easements to permit said public sidewalk installation and
connection with the Prairie Path.
4. Capacity to Serve. The CITY acknowledges that there is currently sanitary sewer treatment plant
capacity and potable water supply available to serve the Dwelling Units. Water and sanitary
treatment plant and main capacity are reserved for the term of this agreement and will be made
available to the Subject Property.
5. Recapture A�reements. T'he CITY acknowledges that the Subject Property is not subject to any
existing recapture agreement and that any recaptures affecting the Subject Property have been fully
satisfied.
6. Temporary Si��,�e. The CITY agrees to issue permits, following receipt of proper applications
and fees, for a maximum of two(2)temporary advertising signs. The signs may be two-sided or
v-shaped,a maximum of sixty-four(64)square feet in area,eight(8)feet in height and set back a
minimum of ten(10)feet from the property line. If additional signage,specific locations,or other
specific parameters are provided by the Illinois Housing Development Authority (IHDA), The
Property Owner shall have the right to comply with the sole approval of City Administration.The
signs shall be removed at the later of IHDA required timeframe or when the Property Owner has
received its final certificate of occupancy.
7. Construction and Leasin�Trailers.
a. Leasing Trailer. The Property Owner shall be permitted, at the the Property Owner's sole
risk, to construct, maintain and occupy a Leasing Trailer and to construct and maintain
other appurtenant facilities for said Leasing Trailer,the Property Owner shall have the right
to use said Leasing Trailer for sales, sales promotions and offices for sales personnel, all
as may be desirable or in any way connected with the leasing of Dwelling Units on the
Subject Property. 'The Property Owner may construct temporary parking facilities subject
to the approval of the CITY and compliance with all applicable codes of the CITY. Upon
issuance of the certificate of occupancy for the clubhouse, the Leasing Trailer shall be
removed.
b. Construction Trailer.Construction trailer(s)used to build Dwelling Units shall be allowed,
at locations to be approved by the CITY. Upon the issuance of 100%of the certificates of
occupancy for the Dwelling Units the construction trailer(s)shall be removed.
8. Fees. The Property Owner and the CITY hereby agree that the Property Owner shall only be
2
obligated to pay to the CITY the fees as enumerated on EXHIBIT C attached hereto and
incorporated by this reference with the following exception.
a. The Property Owner has represented that the proposed 50 dwelling units will have an
average daily water use of 4,533 gallons per day. The Combined Water and Sewer Capital
Development Fees in EXHIBIT C have been reduced based the representation made by
the Property Owner. If during the term of this agreement,the actual water use is determined
by the City Administrator to increase by more than 5%from the 4,533 gallons per day,the
Property Owner shall pay the CITY an increased combined Water and Sewer Capital
Development Fee based on the following formula:Revised Fee=(Actual Water Use/4,533)
x EXHIBIT C fee. The average daily water use shall be based on a 12-month rolling
average.The CITY will have the right to add the increased fee to the bi-monthly water bill
and will reserve the right to shut off water service for non-payment.
9. Bindin�Effect and Term. The Property Owner agrees that the provisions of this Agreement shall
run with the Subject Property. The Property Owner and CITY agree that this Agreement shall be
binding upon and inure to the benefit of the parties hereto, their grantees, successor owners of
record and their heirs, assigns, and lessees, of all or part of the Subject Property, and whether or
not such grantees, successor owners of record,heirs, assigns or lessees choose to accept the rights
and obligations of this Agreement, and upon successor municipal authorities of the CITY and
successor municipalities for a period of five(5)years from the date of execution hereof..
10. Amendment. This Agreement may only be amended by written instrument executed by all parties
hereto.
11. Notice and Default. Before any failure of any party to this Agreement to perform its obligations
under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the
breach shall provide notice to the party alleged to be in default specifying the nature of said default,
and thirty(30)days elapses from the receipt of said default notice without the default being cured.
Notice shall be in writing and delivered via certified mail,addressed as follows:
If to CITY:
City of McHenry
Attn:City Administrator
333 S. Green Street
McHenry,IL 60050
If to Property Owner:
Northpointe Development II Corporation
Attn: Jake Victor
230 Ohio Street,Suite 200
Oshkosh,WI 54902
Housing Opportunity Development Corporation
Attn: Richard Koenig
5340 Lincoln Ave
Skokie,lL 60077
12. Ordinance Chan�es. Except as otherwise specified herein, all ordinances of the CITY and other
applicable jurisdictions as amended from time to time or modified per the PUD approval shall apply
3
to the Subject Property, Property Owner and all successors and assigns in title. To the extent that
the CITY ordinances and design requirements conflict with the improvements described in the
Plans,the Plans shall be considered to control and supersede and supplant all ordinances and codes
of the CITY which might conflict with the Plans.
13. All disputes related to this Agreement shall be litigated exclusively in the 22"d Judicial Circuit
Court, McHenry, Illinois; Illinois law shall apply and the prevailing party to any such litigation
shall be entitled to recover,in addition to costs otherwise recoverable,its reasonable attorney fees.
(Balance of this page intentionally left blank.)
4
IN WITNESS WHEROF,the parties hereto have executed this Agreement as of the date indicated above.
Property Owner:
TAYLOR PLACE APARTMENTS—MCHENRY, LLC, a
Wisconsin limited liability company
By: Taylor Place Apartments—McHenry MM, LLC, a Wisconsin
limited liability company, its Managing Member
By: Northpointe Development II Corporation, a
Wisconsin corporation, its Member
By:
Name: Callan L. Schultz
Its: President
Date:
Agreement executed by Buyer this_day of ,2024.
STATE OF WISCONSIN )
)ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this_day of ,2024,by
Callan L. Schultz,President of Northpointe Development II Corporation
Witness my hand and official seal:
NOTARY SEAL
Notary Public
My commission expires:
5
CITY:
CITY OF MCHENRY,ILLINOIS
By:
Name:
Title:
and
By:
Name:
Title:
STATE OF ILLINOIS )
)ss:
COUNTY OF MCHENRY )
I,the undersigned,a Notary Public in and for the County and State aforesaid,do hereby certify that
and ,personally known to me to be the City Mayor and
respectively,of the CITY OF MCHENRY,and personally known to me to be
the same persons whose names are subscribed to the foregoing Development Agreement,appeared before
me this day in person and severally acknowledged that they signed and delivered said Development
Agreement as such Mayor and of said City,as their free and voluntary acct,and as
the free and voluntary act and deed of said Village,for the uses and purposes therein set forth.
Given under my hand and official seal,this day of ,2024.
NOTARY SEAL
Notary Public
My commission expires:
Z:�M�McHenryCityof�DevAgmtTayorPlaceApt050422.docx
6
STATE OF ILLINOIS )
)
COUNTY OF MCHENRY )
CERTIFICATION
I,Monte Johnson,do hereby certify that I am the duly appointed,acting and yualified Deputy City Clerk
of the City of McHenry,McHenry County, Illinois, and that as such City Clerk,l am the keeper of the
records 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 ,2024,an agreement was approved between the City of
McHenry and for the Taylor Place Apartment Development.
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 ,2024.
Monte Johnson,Deputy City Clerk City of McHenry,
McHenry County,111inois
TABLE OF EXHIBITS
EXHIBIT A Parcel Identification Number Map
EXHIBIT B Approved Site Plan
EXHIBIT C Fee Schedule
7
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EXHIBIT B
Approved Site Plan
Site Plan dated December l9,2023
Landscape Plan dated November 10,2021
EXHIBIT C
Fee Schedule
Fee Calculation Sum
School Impact Fees
1 BR $0* (22) 1 BR Homes� $0.00
2BR $718.00 *(11)2BR Homes $7,898.00
3BR $1,961.00 * (17)3BR Homes $33,337.00
Total $41,235.00
Park Impact Fees
1 BR $2,1 l 0.00 * (22) 1 BR Homes $46,420.00
2BR $2,297.00* (11)2 BR Homes $25,267.00
3BR $3,664.00* (17)3 BR Homes $62,288.00
Total $133,975.00
Library $356.00 *(50)homes $17,800.00
Fire $356.00 * (50)homes $17,800.00
Combined Water and Sanitary Capital Development Fees
1BR $1,848.71 * (22) IBR Homes $40,671.62
2BR $2,715.62 * (I 1)2BR Homes $29,871.82
3BR $3,545.98 * (17)3BR Homes $60,281.66
Total $130,825.10
Units Projected Daily Total Project Daily Water
Water Use* Usa e
Studio 0 56 p
1-Bedroom 22 64 1408
2-Bedroom 11 94 1034
3+Bedroom 17 123 2091
4533
*Projected Daily Water Use referenced from StaffEngineer Memorandum dated 1-
15-21
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OTHER FEES
BLDG. FEE PLMB. INS FEE WATER CONN. SEWER CONN.
0.25/SF $84.00* $250.00 $250.00
*$84.00—fee per unit,plus$28.00 per building
Water Meter Fees
3/4�� $225.00 2" $2,050.00
1" $325.00 3"
$2,500.00
1 '�_" $600.00 4" $3,700.00
6" $5,100.00