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Home My WebLink AboutOrdinances - 25-13 - 03/03/2025 - McHenry Senior Commons Development Agreement7 53 Mail to: McHenry City Clerk 333 S Green St McHenry, IL 60050 miohnson@citvofmchenry.org Prepared By: McHenry City Clerk 333 S Green St McHenry, IL 60050 COVER SHEET Ordinance 25-13 JOSEPH J. TIRIO CLERK AND RECORDER MCHENRY COUNTY, IL 2025R0007399 03/26/2025 08:23:42 AM PAGES: 19 RECORDING FEE 11.00 GIS FEE 43.00 AUTOMATION FEE 8.00 ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT WITH MCHENRY SENIOR LLC FOR THE MCHENRY SENIOR COMMONS MULTIFAMILY DEVELOPMENT Passed March 3, 2025 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 25-13 ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT WITH MCHENRY SENIOR LLC FOR THE MCHENRY SENIOR COMMONS MULTIFAMILY DEVELOPMENT Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois March 3, 2025 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 01 Day of March 2025 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 ORDINANCE NO 25-13 ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT WITH MCHENRY SENIOR LLC FOR THE MCHENRY SENIOR COMMONS 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The McHenry Senior Commons Development Agreement between the City of McHenry and McHenry Senior LLC., dated March 3rd, 2025 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 SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 3rd day of March, 2025. Alderwoman Bassi Alderman Davis Alderman Glab Alderman Koch Alderman McClatchey Alderwoman Miller Alderman Santi k�hv WayMeA, N4ayor Ayes Nays Absent Abstain u x x x x u x Trisha Ramel, City Clerk McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 EXHIBIT A McHenry Senior Commons Development Agreement McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 MCHENRY SENIOR COMMONS DEVELOPMENT AGREEMENT This MCHENRY SENIOR COMMONS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this date of /"kacrF 3 , 2025 ("Effective Date") by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and McHenry Senior, LLC, an Illinois limited liability company ("Property Owner"). RECITALS A. Property Owner, as of the Effective Date, is the owner of the property, specifically parcel identification numbers 14-02-177-004 and 14-02-177-005 in McHenry, IL and further identified in EXHIBIT A consisting of approximately 2.54 acres and is attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "Subject Property". B. The Subject Property is currently zoned RM-2 High -Density Multifamily Residential District, 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: 1. Incorporation of Recitals. The foregoing recitals and all exhibits attached hereto shall be and are hereby incorporated in this Paragraph 1 as if said recitals and exhibits were fully set forth herein. Construction ofMulti-Family Dwelling Units, The Property Owner shall have the right to construct up to forty (40) Multi -Family Dwelling Units (the "Dwelling Units") upon the Subject Property, including related amenities ("Improvements') in substantial conformance with the plans and specifications identified on EXHIBIT B (collectively the "Plans"). Any changes or modifications of the Plans that are determined "Major" shall only be approved by amendment of this Agreement, which approval shall not be unreasonably withheld, conditioned or delayed. "Major" modifications of the Improvements shall be reasonably determined by the City Administrator and will include the following: (i) changes to the following of greater than 10%: (a) floor space, (b) lot coverage, (c) .height, (d) setbacks, and (e) open space; and (ii) material changes in the location of buildings, open space, plantings,parking, uses, density, and the vehicular circulation system. Any changes not reasonably determined to be 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, at its own expense.: 4901-6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 a. Curbs. Curb cuts as required by the City Engineer to accommodate its driveway configuration as provided on the Plans. b. Off -site Road Improvements. None. c. Water services. Extension of the existing City potable water main to service the Subject Property. 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. None. e. Public Multi -Use Pedestrian Path. Installation of public multi -use pedestrian path adjacent to the Subject Property along the east side of Bank Drive that extends north by approximately 600 feet, more or less, to connect with the public sidewalk to the north and the multi -purpose path to the south. Property Owner shall obtain all necessary easements to permit said public multi -use path installation that are located adjacent to the Subject Property. 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 Subject Property and will be made available to the Subject Property for so long as the Dwelling Units are located on Subject Property. 5. Recapture Agreements. The 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 rg_iage. 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) or the lenders or investors providing funding for the Improvements, the Property Owner shall have the right to comply with such additional signage parameters which shall only require the reasonable approval of City Administration. The signs shall be removed at the later of (i) IHDA required timeframe, (ii) when the Property Owner has received its final certificate of occupancy, or (iii) when the Dwelling Units are all leased. Additional signage may be approved by the City Administrator. 7. Construction and Leasing Trailers. a. Leasing Trailer. The Property Owner shall be permitted, at the Property Owner's sole risk, to construct, maintain and occupy a Leasing Trailer on the Subject Property 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 the latter of (i) the issuance of the certificate of occupancy for the building and (ii) the initial leasing of all the Dwelling Units, the Leasing Trailer shall be removed. b. Construction Trailer. Construction trailer(s) used on the Subject Property 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) K 4901-6946-86942 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 shall be removed within fifteen (15) days. 8. Fees. The Property Owner and the CITY hereby agree that the Property Owner shall only be 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 Dwelling Units will have an average daily water use of 2,860 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 2,860 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/2,860 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. Binding 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 and with the prior written consent of Cinnaire Fund for Housing Limited Partnership 42, its successors and/or assigns, as the investor member of Property Owner (the "Investor"). 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. The City agrees to accept any work performed or payment tendered by the Investor on behalf of the Property Owner as if it had been completed or -tended by the Property Owner. 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: McHenry Senior, LLC c/o Bear Development, LLC Attn: Adam Templer 4011 8091 Street Kenosha, .WI 53142 And to: 3 4901-6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 State Bank of the Lakes c/o Wintrust Bank 5005 E. Washington Ave. Racine, WI 53406 Attn: Loan Administration And to: Cinnaire Fund for Housing Limited Partnership 42 1118 South Washington Lansing, MI 48910 Attn: Asset Management 12. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions as amended from time to time shall apply 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 4901-6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 IN WITNESS WHEROF, the parties hereto have executed this Agreement as of the date indicated above. Property Owner: MCHENRY SENIOR, LLC, an Illinois limited liability company By: McHenry Senior MM, LLC, an Illinois limited liability company, its Managing Member By: Bear Development, LLC, a Wisconsin limited liabi ' ny, its thorized Member By: Name. s Its: Authorized Member Date: b3• lO- 30�5 Agreement executed by Property Owner this 14 day o0jjTk 2025. STATE OF WISCONSIN ) ) ss: COUNTY OF KENOSHA The foregoing instrument was acknowledged before me this _LO�day of 2025, by Stephen R. Mills, Authorized Member of Bear Development, LLC, the authorized member of McHenry Senior MM, LLC, the managing member of McHenry Senior, LLC. Witness my hand and official seal: NOTARY SEAL Not ublic My commission expires: 5 JANIS Ir HAGERTY NOTARY PUBLIC - STATE OF WISCONSIN W COMMISSION EXPIRES FfiMRUARY 10, 2028 4901-6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 CITY: CITY OF MCHENRY, ILLINOIS oe By:/lam .. Name: - W hrA c �&4- Title: MAYbR and IJ.,, Name: 4 . tToiinlin Title: V64 Ov C64e 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 (440. TV* and ANk C006% , personally known to me to be the City Mayor and -Ap c. Cbr{( 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 C 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 M ]r[ Vl 92025. NOTARY SEAL "OFFICIAL SEAL" otary P lic Haley Stevens Notary Public, State of Illinois My commission expires:.Z %$ 262 q My Commission Expires 02/18/2029 Commission No. 1004M 4901-6946-6694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 TABLE OF EXHIBITS EXHIBIT A Parcel Identification Number Map EXHIBIT B Approved Site PIan EXHIBIT C Fee Schedule 4901-6946-86942 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 STATE OF ILLINOIS ) COUNTY OF MCHENRY CERTIFICATION 1, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy City Clerk of the City of McHenry, McHenry County, Illinois, and that as such City Clerk, I 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 3 day of Theft* , 2025, an agreement was approved between the City of McHenry and McHenry Senior, LLC for the McHenry Senior Commons 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 24 day of Au+ti , 2025. Monte Johnson, Deputy City Clerk City of McHenry, McHenry County, Illinois •• a Y 15, 1° �'S�rr,�sabsaaaababe�' 4. +yam o -- McHenry"Col niy9Recob SOSEPH J. TRIO # 2025R0007399 EXHIBIT A Parcel Identification Number Map & Legal Description LOTS 2 AND 3, JUSTEN FUNERAL HOME RESUBDIVISION, LOCATED IN PART OF THE EAST HALF OF GOVERNMENT LOT 1, SECTION 02, TOWNSHIP 44 NORTH, RANGE 08 EAST OF THE 3rd PRINCIPAL MERIDIAN, CITY OF McHENRY, McHENRY COUNTY, ILLINOIS. Permanent Tax Index Identification Numbers: 14-02-177-004 and 14-02-177-005 4901-6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 EXHIBIT B Approved Site Plan Site Plan dated March 2, 2022 Landscape Plan dated February 8, 2022 McHenrV96I 69T{e o de ZJOSEPH J. TRIO # 2025R0007399 N d311s 7frU,MNW a Q @E '{{jbS zz L� �Za J a J a W N FL W U z 0 U rN L Nz Y 0= ® 2< McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 'r° �,•�""''�",.. � '�'r"`�:.,,..,"""'o Ntl7dJd30N003dV3SNV1 �1��? GA omilinsmoor-= I JDLluDp4_SIONITll'VHOIN SAUN3 0eS1N3W1litldtl HOIN3S AHN3H0W e CV i 10 �t:FFi �AYtti A p°:88Aasg��e3 A61 w:9�9.�0owsa4:oA:`� 41IIII m _ U o o ow 0 ' W Z JJ Q OF W W �Z. W W� m W W N Q N W , OG Oa O a m� WW N nOz` y W ory Q Uu OW y ----- b E Z a v r 3 � •`, � V�Li. N ' � l ,H✓'' . -- - Cam= 3AINO NNVEI i— z w wa H d A O 1 0 n� @ 0 w nN d ❑ 'ima w n McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 EXHIBIT C Fee Schedule Fee. Calculation Sum School Impact Fees 1BR $0 * (30) IBR Homes- $0.00 213R $718.00 * (1.0) 213R Homes $7,180.00 Total Park Impact Fees $7,180.00 113R $2,110.00 * (30) 11311 Homes $63,300.00 213R $2,297.00 * (10) 2 BR Homes $22,970.00 Total $861270.00 Library $356.00 * (40) homes $14,240.00 Fire $356.00 * (40) homes $14,240.00 Combined Water and Sanitary Capital Development Fees 113R 1848.71 * (30) 1BR Homes $55,461.30 213R 2715.62 * (10) 213R Homes $27,156.20 Total $82,617.50 Units Projected Daily Water Use* Total Project Daily Water Usage 1=Bedr6om 30 45 1,350 2-Bedroom 10 49 490 1,840 *Projected Daily Water Use referenced from Staff Engineer Memorandum dated 1- 15-21 OTHER FEES BLDG. FEE PLMB. INS FEE WATER CONN. SEWER CONN. 0.25 / SF $84.00* 1 $250.00 $250.00 *884.00 — fee per unit, plus $28.00 per building 4901-6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 Water Meter Fees 3/4" $225.00 2" $2 050.00 1" $325.00 3" $2,500.00 11/" $600.00 4" $3 700.00 6" $S 100.00 4901.6946-8694.2 McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 Rental Housing Support Program (RHSP) State Surcharge Exemption Declaration Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support Program State surcharge for the recordation of any real estate -related document unless the entity recording the document is any State agency, any unit of local government or any school district. N(By checking this box and affixing my signature below, I hereby claim that the entity recording this document is a State agency, a unit of local government or a school district and thus claiming to be exempt from the Rental Housing Support Program State surcharge. (;—' Name of State agency, unit Aar,-�e .4. �l government or school district recording this Name of person presenting this declaration (Please Print) bignature or person presenting this declaration RHSP Exemption Declaration Form 20170327-1.doox (Please Print) _764 /2f Date McHenry County Recorder JOSEPH J. TIRIO # 2025R0007399 , .� . � __�_,-- _ � � � � : — ` - �--�`--�:� ��:�- -,y�-�'__— ,n�. , . . j i�'` M7r; MUNICIPAL DRIVE � - ao�euaoiHc �� . __ ' SETBACK �.� . �__.�'_ .` d"_'` _ � " � - -- ---.--------�- � � ��, , _ _ . . --,. , _ --- i E • �x� _ .. _ , :. . ��. I. , ` � f � . :}Jjr. ' "_'_ '__'__ '1�, , .�__._ _ i ^� . . .:r . t . ,�.'L:, :�/� '�'YY � .—_. . ,.�:��.�. . . S ' �e , �� PROPOSED �� maunnin� . 4 _�`'_ I�`� serencK DEVELOPMENT '� e � 1 �" S WIDE l[WSCME S(]tEEN �` 1 '� �j�� . �.�� .�i P �� . ��t�� i �..- I � {i' , ��... ,i. �, � i � � �: . ��. t.. .f� . _ _ r--� . . i W i �., e i[�l�� 4_ �.�: �:��: '!m'`/ � �>, i L'� •...'C � • .�T ��ra'• t-,�,: � Y '�. 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