Loading...
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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 P a r c e I I d e n t i f i c a t i o n M a p � • � •� a ` . y . / ;.�' . � ti�~ � r i ,� ,� - '� �{"� � � �i, �1'j� + 4 �' ►y�+ti •�, ,�x�. �+'� ` i' K :a �, �.`a�'�r- .�:. �� . x� a .� � � �: ' " ��'�' :�'" d �" � i� . .� � . 'J �,�� � • f' ' ' 1� �: �' �- ,, � ' .'� � �, .%, ;� _ �1 , �� � � �� ' . . _ ` . , / . J � �' � • i� � - � ' "1 ' ���. , ' � , �'. �T'�� a /� +Y'� + -� r V�27 �' -! . , _ .7„ . � ; � -aso-oo,i . �� _ _ �,�'� \ , -.. ► ,�� -t � � � - "�' :r � • ',� �! �- :� a � '11 ■ ,�" ; �� • �• . y +��> «� . �,�,.�� ir` �� �1 � r �:. ► � i ��+�� ��'' �` '�/,~ 27-480-a.5 � � ��, , �� ,�� .. �'-'-" N . ' � \ v�;; � � i ,'1.. 4 r � � ' , ' ) b� ': .�7f'� , 2 r �,, � .w . Ir ` � , � �. �• `�' - - , .�� � . �r?r � � • , .r; f �►+ `� 09-27-�8a�06 � : ,,� 4 .�' .�L� ��p-� . �'' _,....� j� . . , ,�,; - ;C � ,f ��.,�,_ -.«_.� i � ^ ,� F � � � , ... ;1 ', �" t r � �� ��R : .. l • �;. - � / �� :�� s �;; 09ti34-228-002 ��. . r 3 � �', .7 �,b', •'�'� •,�' t , �'���P'�'''� � ` � .' .� ��r� :t �+� v� � , , t�l'�w . � '��� - ' - �- 4 • i t r i,'�� r .}�' � J� 1' ��. +` � � ��y � �.s.. ~ . . . . / • „. , . . , . �.. � � , � � �. �� '� r �, �'��. ���, ` �f' y ` � �' ;+ � _ � 's'i � " .r, • *�,� `'� � i ii . �, ji � �s � \ ' •�� �� ��` s�.���.,� ..� .� .�` � � � �` '� :a►-� ,- �; _• � ���ic� Es�i, Ma � � ��, � ,� ui i rPn.,b.StiUser;�,yi,�' �°,v � e_ Esr� �'o�m, ��-..► ,�� '�`'' � '� � � � ���rr i.F� . ?��� ° .�o u�� ,C7�+i�.3-_�...il6\_ � .� __ - i�.�,_ .. . �rs. " r ;��:e " . �='� �� 0 1 0 0 2 0 0 4 0 0 Fee EXHIBIT A Parcel Identification Number Map iorw.��mi-i:.ou M:\r+wmO�N�avebP�����11�3�oucMonvl\CMO\]i0NvlmAcopeMncW wmT o�ern.��swc�a�«.nc. CRYSTAL LAKE RD M«r.r,r e �� �� � �� � �� �A`� .� �Y Ia7/' �g �� � ;� � �. � � {�� �x Z� .� _ �,�,; �� � � � � �*. _ '`b' "�; SEE SHEET 3 . SEE SHEET 2 I �� '� � � � ? � � � ;� r^ k �I 4; O O � D � � � ' '1' g � �u�i o o > v� t� r � $ �� . ��� � � �g � � � � CRESTW000 ST � � � o p � � � � (%'�:. Zp > > > p D Z i� J m W N f�j � C N J tix l � p O m � � �1 2 � �<ti` � � \ m tNli ,. �y � N 6 � N .S 4 _ � „ � � V � N N p m � � ��t` N -�i D t � m � �{ � -� 4 m :`Fi �, '~y= 'Y i_. 6+ O .�" �r � x � '�� �,� a r - • V N _ � s s"aiBe� y"�Lr aa�s�rc �6�aB ��a r � ��� € ��� yt� q���� ��� P�$ �'� �r Z � � � � 9� � 3 �� � � i �j � � �' � � � � � � � � �$��� � : � ���� ��� ��� ' � ��� � ��� � � � �� �€ ��� � �� �� � � o ����� �� $�� ����� � � �� �� � � � ��� � ��� y�� .�� ���# � , � -� ��t Q�y �4 �g]��� ��; �� ��� � ���� ��i � }(��� � � �� � ��� �~i � 8 R�r�� R � � n � � �� 7� �ig��' `Q�[�� � �p�\ 3'�g � �'�� �7 ��■ �>�LL "€� ■ ���i � � ��� � !� �3,Pl;S( �i�� M�i � � �' � ��� € � � ���i� ���' .� � � ���� ��� ��� ��x� �€� � �� � ������ ���� �e���� �1��� ��� � � ���� ��� � a��� �� � �� � ��� � �� � 1� ���' � � z ��� � � �� ��� �� � �� � � � ���� ��€ � � � � � F � � y � �� � � T -#�� ��F3 �� ���� F� � �� � FFRFRR� 7�TFF� F}}i�T� ... . . N � C �F � � �+ ���� �� � �� � � � '� � - � —i ���� �° k�s ��� �� � � � ceccec� cce�� �c�ccc� ������ ���� R� � � +� � �� �� . Q �� � � � �: � ,�� � �� A� � �� acs&es� �a-:� -a.�:,�� �.�M.� ,.M..� �� g � Z • � � � "E""1O�, °� andscape Plan-Overall I � � �� vierbicher b � � rysid Lake Road and MflI 5ireet ify of MCHenry °"'""""I.,^a^e^�I�"^�� cHe Coun ,IL °ryons��°0°�'61-'89B 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 �'A�N � I a sT � ��R �� . . A �y�y Imothe�bruce �r� ��T" Al6Y ITf CT• y��P�' � �«""`'�:� G� � ,,:��'.. •� - �- �NORTHP()WTE �� s�{,� �5 ��O- Q � �t�� ..�..,xm k ' x JA � d �,�. .� � �� "� Taybr Place PItOPOSED�6 UWT BIkIDING �� �sroRr OO Mcl-�nry,� uraT nx or� 'u rork �c �s�6�PP���� PROPOSID T�HOUSE BUILDING � ..u, Deve�Opm@nt �r„< <� � Corpontion n��w•� S� & ' Northpointe '� � � Developm�t roru wr c.ysd lake Rnmd�na MilSvset a�rmu �.� Site Plan Q 5� • �a �QO �5� � ��.,.� G � �"""` G 100 � SITE PLAN • � ,.. ,R,�,,.,, ' "�fND 2163 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