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HomeMy WebLinkAboutOrdinances - O-79-207 - 10/11/1979 - APPROVE ANNEX AGMT GLADSTONEORDINANCE NO. 0-79- 207 AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT DATED OCTOBER 11, 1979, AS AMENDED, BETWEEN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AND LEE GLADSTONE, GERTRUDE GLADSTONE, EVAN GLADSTONE, CATHERINE GLADSTONE, LORNA GLADSTONE, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS TRUSTEE UNDER TRUST NO. 40362, JERRY FALCON, LARRY FALCON, EDWARD GREENBERG, AND EDWARD J. NEUMANN. JR. WHEREAS, LEE GLADSTONE, GERTRUDE GLADSTONE, EVAN GLADSTONE, CATHERINE GLADSTONE and LORNA GLADSTONE are the sole owners of record of certain real estate which is described in Exhibit A of„the Annexation Agreement attached hereto and made a part hereof; and WHEREAS, AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Trustee under Trust No. 40362, under the direction of its sole beneficiary, Batavia -Kirk Property Co., a partnership having as its partners, JERRY FALCON, LARRY FALCON and EDWARD GREENBERG, are the contract purchasers of the real estate described in Exhibit A of the Annexation Agreement attached hereto and made a part hereof; and WHEREAS, EDWARD J. NEUMANN, JR., has executed a contract to acquire a portion of the real estate described in said Exhibit A of the Annexation Agreement from the aforesaid contract purchasers; and WHEREAS, the real estate described in Exhibit A of the Annexation Agreement attached hereto and made a part hereof is contiguous to the corporate limits of the City of McHenry, McHenry County, Illinois; and WHEREAS, notice of public hearing was published in the MCHENRY PLAINDEALER, a newspaper of general circulation published in the City of McHenry within the time provided by law, notifying the public of a hearing on said proposed Annexation Agreement, as amended, to be held before the Corporate Authorities of the City of McHenry, McHenry County, Illinois; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that the entry into said Annexation Agreement will not be detri- mental to the public health, welfare, or safety of the inhabitants.•_ of the City of McHenry, McHenry County, Illinois; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. The Annexation Agreement dated October 11, 1979, by and between the CITY OF McHENRY, McHENRY COUNTY, ILLINOIS, and LEE GLADSTONE, GERTRUDE GLADSTONE, EVAN GLADSTONE, CATHERINE GLADSTONE, LORNA GLADSTONE, AME RICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO,AS TRUSTEE UNDER TRUST NO. 40362, JERRY FALCON, LARRY FALCON, EDWARD GREENBERG, and EDWARD J. NEUMANN, JR., a complete and accurate copy of which is attached hereto and incor- porated herein by reference as Exhibit A, be and the same is hereby approved. SECTION 2. The Mayor and City Clerk of the City of McHenry be the same are hereby authorized and directed to affix their l signatures as Mayor and City Clerk of the City of McHenry to said Agreement for the uses and purposes therein set forth. SECTION 3. This Ordinance shall be in full force and effect immediately upon and after its passage and approval as required by law. PASSED by a two-thirds (2/3) majority of the Corporate Authorities of the City of McHenry and approved October. 11, 1979. AYES: Nolan, Pepping, Datz, Harker, Adams, Wieser, Schooley, Meurer, Stanek NAYS: None ABSENT: None ATTEST: This Wmtrtm►ent prepared by Bernard V. Narush6 Attorney 213 W. Lake Shore Drive Cary, luinois 60013 —2— ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this llth day of October , 1979, by and between the CITY OF MC HENRY, ILLINOIS (hereinafter referred to as "City", by and through the Mayor and the City Council of the City of McHenry (hereinafter collectively referred to as the "Corporate Authorities"), LEE GLADSTONE and GERTRUDE GLADSTONE, his wife, EVAN GLAD - STONE and CATHERINE GLADSTONE, his wife and LORNA GLADSTONE, (hereinafter referred to as "Owner"), and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, Trustee under Trust No. 40362, under the direction of its sole beneficiary BATAVIA-KIRK PROPERTY CO., a partnership, having as its part- ners, JERRY FALCON, LARRY FALCON and EDWARD GREENBERG,(said Trustee, bene- ficiary and partners hereinafter collectively referred to as "Developer") and EDWARD J. NEUMANN, JR.,(hereinafter sometimes referred to as "Contract Purchaser"). W I T N E S S E T H: WHEREAS, the Developer is contract purchaser of the real estate comprised of approximately 122.925 acres, description of which is set forth on the Plat of Annexation, marked Exhibit "A" which is attached hereto and made a part hereof (real estate, for convenience may here- after be referred to in its entirety as the "Subject Property") and which real estate is contiguous to the corporate limits of the City of McHenry; and WHEREAS, LEE GLADSTONE and GERTRUDE GLADSTONE, his wife, EVAN GLAD - STONE and CATHERINE GLADSTONE, his wife, and LORNA GLADSTONE are the sole owners of record of the Subject Property; and WHEREAS, EDWARD J. NEUMANN, JR., has executed a contract to acquire a portion of the Subject Property from Developer; and WHEREAS, the Developer desires and pro;?oses, pursuant to the provisions and regulations applicable to the City Zoning Ordinance, to develop the Subject Property, in accordance with the ordinances of the City and pur- suant to a certain general development plan prepared by OLSON, CIORBA, SHANE AND CO., and dated April 24, 1979 (hereinafter referred to as the "Preliminary Plat"), a copy of which proposed Preliminary Plat, marked Exhibit "B" is attached hereto and made a part hereof_; and WHEREAS, the Owner and the Contract Purchaser have approved and ratified this Agreement; and WHEREAS, pursuant to the provisions of Section 11-15.1-1 et Seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised :statutes 1974) a proposed Annexation Agreement in substance and in form the same as this Agreement was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by statute; and WHEREAS, pursuant to due notice and advertisement in the manner pro- vided by Law, the Zoning Board of Appeals of the City has had such public hearings prescribed by Law with respect to the requested zoning classifica- tions for the Subject Property as set forth within the Zoning Use Map, at Exhibit "C" hereof, and recommendations made by said Zoning Board of Appeals were submitted to the Corporate Authorities. NOW, THEREFORE, in consideration of the premises and mutual covenants and agreements hereinafter set forth, the parties hereto agree as follows:. 1. This Agreement is made pursuant to and in accordance with the pro- visions of Sec. 11-15.1-1 et Seq. of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1974). 2. The Developer and Owner have filed with the City Clerk of the City, a proper petition or petitions, pursuant to and in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code (Illinois Revised Statutes Chapter 24, Sec. 7-1-8) conditioned on the execution of this Agreement, with the terms and provisions contained herein, to annex the Subject Property to the City of McHenry. 3. The Corporate Authorities, within 30 days of the approval of this Agreement, will enact an ordinance annexing the Subject Property to the City. 4. Immediately upon the passage of the ordinance annexing the Subject Property, as provided in Paragraph 3 hereof, the Corporate Authorities shall adopt the proper ordinance or ordinances zoning and classifying the Subject Property for the uses and purposes set forth with- in the Zoning Use Map, and shall cause such approvals to be evidenced by the adoption of such ordinances, resolutions or other action as may be necessary or authorized by the applicable ordinances of the City, which ordinance shall provide a permitted use within Lot 1 of Block 1 of the Preliminary Plat, a recreational and sports center to include racquet ball and skate board facilities. Immediately upon the passage of an ordinance zoning and classifying the Subject Property, the Corporate Authorities shall adopt the proper ordinance or ordinances approving the Preliminary Plat of Subdivision, attached hereto as Exhibit "B". The Developer agrees that the Subject Property shall be developed substantially in conformity with the Preliminary Plat or any additions or amendments thereto as permitted by the terms of this Agreement subject only to deviations therefrom for sound engineering practices as approved by the Corporate Authorities. 5. The Corporate Authorities agree to approve final plats of units or phases of the 'development and plats of subdivision thereof provided that such final documents: 3 (a) substantially conform to the Preliminary Plat as described within this Agreement; (b) substantially conform to the terms of this Agreement and all applicable City Ordinances, rules and regulations or as amended pursuant to this Agreement. r.o..- - Final Platting of the Subject Property may be submitted by Developer to the Corporate Authorities in one or more phases. The Corporate Auth- orities agree that the posting of any bond or other surety shall be only to that amount necessary to cover the full cost, including engineering, etc., plus ten percent (10%) of the cost of such improvements as shall then be contained within, or off -site improvements as may be required by,any Final Plat for the phase of the Subject Property approved by the Corporate Author- ities. The parties hereto acknowledge that the Developer may be required to make certain public improvements to service the Subject Property in its Preliminary Plat, which public improvements may fall within areas not then depicted within any final plat or plats at the time the same are submitted for approval. The Developer shall not be required to submit final plat as to these public improvements unless the same are within that part or portion of the Subject Property then submitted for final plat approval, such off - site improvements being included within Exhibit ='D", provided however, that the Developer will dedicate perpetual easements to the City to service the improvements within the Final Plat then to be recorded as approved by the City Engineer and the Corporate Authorities. IWM 6. The Developer agrees to tap on to the City water system. On - site and off -site water mains serving the Subject Property shall be installed by Developer at its sole expense and except for service con- nections to the buildings, shall, upon installation and acceptance by the City, be dedicated by conveyance to the City and become part of the City water main system and maintained by the City. 7. Upon acceptance by the City of all sanitary sewer mains, storm sewer and water main lines (except sewer and water lateral service lines) and the adoption by the City of an ordinance permitting recapture of cer- tain of these costs, including appurtenances, title thereto shall be trans- ferred without cost by Bill of Sale to and accepted for ownership, main- tenance and operation by the City. Perpetual easements of a width subject to the approval of the City Engineer shall be granted to and accepted by the City for all utilities not in a public right-of-way, by conveyance as designated within the Preliminary Plat. 8. The following exhibits are hereby made a part hereof: Exhibit "A" - Plat of Annexation; Exhibit "B" - Preliminary Plat; Exhibit "C" - Zoning Use Map; Exhibit "D" - Preliminary Engineering Drawings and Specifications; Exhibit "E" - Annexation Fees; and Exhibit "F" - Alternate Preliminary Plat. z This Annexation Agreement and all Exhibits thereto shall be re- corded by the City. The Corporate Authorities agree to cooperate with the Developer in obtaining such permits from Governmental agencies having jurisdiction as may be necessary to authorize connections from the proposed Development to the City combined sewer and water system, and`to the State, County and Township, for roads, as appropriate. The Developer sha 1 construct on - site sanitary sewers and storm sewers and water main lines as appropriate to service the Subject Property. The Corporate Authorities agree to accept, and to thereafter operate, and maintain such systems provided the same have been installed in accordance with plans and specifications as approved by the City Engineer, except for sanitary sewer service connection laterals. 9. The Developer shall, at its sole cost and expense, install an eight inch (8") sewer line together with not greater than a twelve inch (12") water line and appurtenances thereto, off -site of the Subject Property, necessary to service the Subject Property. It is further understood and agreed that a portion of the system of sanitary sewers and water mains to be constructed and installed by the Developer to serve the proposed Development on the Sub- ject Property may be required to be so located and/or oversized as to benefit neighboring properties, not owned by the Developer, by making sanitary sewer and water service available thereto. This includes any mains constructed on the site or off the site. In such event, the Corporate Authorities agree to adopt an ordinance and take such other action as*may be necessary to permit the Developer to recapture that portion of the costs of the construction-arld installation of such sewers and water system in a proportionate amount from such neighboring property owners as may be so benefited. Prior to the adop- tion by the City of any recapture ordinance, the Developer's Engineer shall prepare and deliver to the City Engineer an identification as to those neighboring land areas which may receive benefit from Developer's water and sewer improvements together with a detailed schedule of those costs which are proposed for recapture by the Developer. The determination of neighbor- ing land areas which are to be benefited by Developer's water and sewer im- provements and the amount of costs permitted for recapture together with -3- interest thereon shall be subject to the approval of the City Engineer and the Corporate Authorities. Any ordinance adopted by the City per- mitting recapture to the Developer shall permit such recapture for a period of ten (10) years following the date of the completion of said improvements by the Developer. Both parties agree to use their best efforts and to cooperate reasonably in order to achieve a practical and economically feasible route to the off -site utilities connection to the existing City systems, as depicted on the Preliminary Engineer- ing set forth within Exhibit "D". 10. Immediately upon the annexation of the Subject Property, the Corporate Authorities will approve, subject to Final Engineering criteria of the City Engineer and City, the Preliminary Plat at Exhibit "B" here- of and the Alternate Preliminary Plat at Exhibit "F" hereof subject to the following terms and conditions: (a) In the event the Developer shall seek Final Plat Approval for the Preliminary Plat at Exhibit "B" hereof, the Developer shall as a condition precedent to recordation thereof, satisfy the requirements of all applicable City ordinances and final engineering criteria as established by the City Engineer and the Corporate Authorities; (b) In the event the Developer shall seek Final Plat Approval for the Alternate Preliminary Plat at Exhibit "F" hereof: (i) the Developer shall fully comply with the " requirements of paragraph 10(a) hereof; and (ii) shall cause not less than 270 days prior written notice of its intent to seek approval of the Al- ternate Preliminary Plat to be served upon the Illinois Department of Transportation and the Mayor and the City Clerk, which notice shall contain a copy of the proposed Alternate Preliminary Plat and recite that the Developer shall, not sooner than 270 days following the date of the delivery of the said Notice to the Mayor and the City Clerk, seek final plat approval as that phase of the Sub- ject Property affecting proposed FA%20. In the event the Illinois Department of Transportation shall, by ap- propriate judicial proceedings elect to acquire that portion of the Subject Property within the Preliminary Plat designated for FAP420, within the 270 day notice period, then in such event the Developer may only proceed with development of the Subject Property in accordance with Exhibit "B". In the event the Illinois Department of Transportation shall not have commenced judicial proceedings for acquisition of that part of the Subject Property designated within the Preliminary Plat for FAP420 either (i) any date prior to the date of notice by the Developer; or (ii) any date prior. to the expiration of 270 days following the date of the said notice by Developer, then in such event and subject to final engineering criteria of the City Engineer and the Corporate Authorities, the Developer shall have the right to final plat the Subject Property in accordance with Exhibit "F". 11. The City shall grant individual occupancy permits to multi -tenant commercial buildings on a store by store or unit by unit basis and in multi- family residential buildings on a floor by floor basis, commencing with the first floor, but no such permit shall be issued unless work on portions of such commercial buildings or residential buildings has advanced to the point that the individuals using the portions of such buildings for which the certificate is to be issued, will not be endangered by construction in pXo- gress and the building is safe from the area occupied. 12. The Developer agrees that all roads and streets are to be public rights -of -way and are to be constructed in accordance with City Standards. -4- The Public roads and/or streets,_storm water detention areas and bicycle paths upon their acceptance by the City are thereafter to be maintained by the City. The final road wearing surface shall be installed after the installation of the base, provided, however, that such final wearing surface shall be installed within two (2) years of final plat approval for that part or portion of the Subject Property then finally platted as to any road or street therein contained. After dedication of any road or street right-of-way at the time of final plat, the City shall enforce traffic and other regulations as to said road and street right-of-way. After acceptance by the City of the complete construction of any public road or street within the Subject Property, the City shall provide for street cleaning, snow removal, and other maintenance thereon; prior to such acceptance, the Developer shall furnish said services. The City shall have the right and authority to enter upon private portions of the Subject Property for the purposes of enforcing all City Ordinances and State Statutes. 13. The Developer shall make the following additional land conveyances to the City and the City shall accept conveyances of any area designated as Out Lot on the following basis: (a) if the Subject Property shall be Final Platted in accordance with Exhibit "B", Out Lot A (Storm Detention) and Lot 79 and the West fifty (50) feet of Lot 14 shall be conveyed to the City; (b) if the Subject Property shall be Final Platted in accor- dance with Exhibit "F" only -Out Lot A, Out Lot B and Lot 79 and the West fifty (50) feet of Lot 14 shall be conveyed to the City. The conveyance of Lot 79 and the West fifty (50) feet of Lot 14 as contemplated by this Paragraph 13, shall be made upon final plat approval for that part or portion of the Subject Property within which the land subject to conveyance shall lay. The conveyance of said Out Lot or Out Lots shall be made upon the acceptance by the City of the construc- tion of storm water detention facilities thereon. 14. The City agrees to permit the Developer to install and construct water wells and septic tanks and/or holding tanks for water within and upon the Subject Property for the purposes of providing wat`et and sanitary sewer' services to (i) model buildings and sales structures; (ii) all areas zoned for commercial use; (iii) water for irrigating landscaped areas; and (iv) the creation and use of temporary storage ponds. The Developer covenants and agrees that within one (1) year after the availability of municipal water and sanitary sewer facilities referred to herein, it shall cause all buildings to be connected to the then available water and sanitary sewer systems, and disconnected from the permitted wells and septic tanks and/or holding tanks, which tanks shall then be removed from the premises or permanently filled in accordance with such procedures as may be required by the City. The City agrees that in the event the Developer shall request the - issuance of an occupancy certificate for use of any structure in the com-- mercially zoned areas within the Tract, the City shall issue such occupancy permit provided the Developer shall have complied with the terms of this Agreement irrespective of whether such structure is then serviced by water well and/or septic tanks and/or holding tanks. 15. In lieu of any bonds or deposits required for public improve- ments under a subdivision ordinance of the City, the Developer may, at its election, furnish to the City an Irrevocable Letter of Credit issued by a sound and reputable banking or financial institution authorized to do business in the State of Illinois, or other security acceptable to the City, in an amount equal to the amount of bonds or deposits required by said subdivision ordinance. Said Irrevocable Letter of Credit or other security, shall be limited to the amounts required for public improve- ments (including sanitary sewers, storm sewers, water mains, storm -5- water detention facilities, streets, roads, curbs, sidewalks, parkway trees and street lights) in those areas of the Subject Property which have received final subdivision approval by the City. The Letters of Credit or other security shall be in effect for the time required for bonds or deposits under the subdivision control ordinance. It is agreed that any bonds, deposits, Letters of Credit or other security may be reduced in amount from time to time as the public improvements covered by such security are completed in accordance with the plans and specifica- tions of Exhibit "D" and accepted by the City, provided, however, that sufficient funds as determined by the City shall remain to insure the completion of public improvements. 16. The Developer shall, at its sole cost and expense, fully improve that portion of McCullom, Road within the Subject Property in accordance with Exhibit "D" as follows: (a) the improvements to McCullom Lake Road shall be in one or more phases and only as to so much of McCullom Lake Road as shall be within any Final Plat or Plats of the Subject Property as approved by the City; (b) the Developer shall complete all of McCullom Lake Road within the Subject Property within three (3) years follow- ing the date of the recording of the First Final Plat; (c) after all road related improvements have been properly completed, the Developer shall dedicate and the City shall accept McCullom Lake Road in one or more phases; (d) the City shall undertake snow removal operations of McCullom Lake Road without the installation by Developer of the final wearing surface, parkway, lighting and sidewalks (road improvements) provided, however, that the Developer shall,- - in accordance with the provisions of paragraph 16(b) hereof, and at its sole cost and expense, thereafter complete in- stallation of each of -the said road improvements; (e)z the Developer shall complete and install a five (5) foot wide sidewalk for the entire distance along Route 31 within the right-of-way of the Subject Property. 17. The City agrees to permit Developer to construct and maintain model areas and/or sales structures upon Final Plat Approval and prior to installation of improvements, provided no such sales or model areas shall be occupied for residential or other commercial -purposes until a Certificate of Occupancy for said structure shall have been issueleby the Corporate Authorities. 18. The Developer shall have the right to construct signs on the Subject Property for purposes of advertising the development. However, Developer shall construct said signs in conformance with the provisions of the City of McHenry sign ordinance then in effect. 19. It is agreed by the parties hereto that time is of the essence of this Agreement, and that all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement and the development of the Subject Property in a manner in the best interests of all parties requires their continued cooperation; and the Developer does hereby evidence its intention to fully comply with all City requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the City to the fullest extent possible, provided the extent of the Developer's financial obligation is fully set forth herein; the Corporate Authorities do hereby evidence their intent for continued cooperation in the resolution of mutual problems and their willingness to facilitate the development of the Subject Property as con- templated by the provisions hereof. -6- 20. In the event the State of Illinois shall install stop lights at the intersection of McCullom Lake Road and Illinois Route 31 on any date prior to the tenth anniversary date of this Agreement, the Developer shall pay to the State of Illinois, upon completion of the installation of the said stop lights a sum equal to fifty percent (500) of the total actual unreimbursed cost to the City of the stop light or lights, includings costs of installation. 21. Developer agrees that nothing contained in this Agreement is intended to limit, restrict or in any way impair the right, power or ability of the City to pass and adopt new or different regulations and fees of any kind or nature whatsoever during the life of this Agreement, and Developer further agrees that at any given point in time during the life of this Agreement, the then existing regulations and fees shall apply, in full, and without limitation to and upon the Subject Property, except as follows: (a) with respect to the Subdivision Control Ordinance, the right-of-way widths set forth herein and the type and grade of improvements to be installed within said right- of-ways, including but not limited to curbs, gutters, side- walks, pavement and underground utility improvements, shall remain as presently constituted with respect to the develop- ment of the Subject Property; and (b) with respect to the Amended Zoning Ordinance of the City of McHenry, the zoning, densities and uses presently allowed under the zoning districts referred to in Exhibit "C" hereof shall not be changed or reduced with respect to the develop- ment of the Subject Property. 22. It is recognized by the parties hereto that present municipal sanitary sewage treatment facilities are not sufficient to service the entire project proposed to be developed on the Subject Property as set forth herein; as a result, the City makes no representation or warranty that there will be any sanitary sewer capacity available at any time during the term of this Agreement. No action of the City regarding applications to the Illinois or U.S. EPA for permission to construct sewer lines on any part of the Subject Property shall be construed to constitute any representation, warranty or reservation to Developer that sewer capacity will be available to service said sewer line when Developer applies to the City for individual sewer service permits. 23. Developer acknowledges that the development of the Subject Property will have impact on schools, parks, library and other public services within the City, and Developer therefore agrees to pay to the City such developer cash contributions as may then be required in accor- dance with the terms and provisions of any ordinance or ordinances of the City at the time that any Final Plat approval is sought by Developer or at the time that residential building permits are applied for, whichever is earlier. Developer also agrees that the amount of said developer cash payments to the City will not be reduced on account of any conveyance of land by Developer to the City, it being understood that the aforesaid developer cash contributions shall be in addition to the aforesaid land conveyances and that such conveyances are in the nature of a separate and distinct annexation fee and completely unas- sociated with the aforesaid developmental impact. 24. Following the passing of an ordinance annexing the Subject Property, the City shall, without further hearing, adopt an amendment to the Amended Zoning Ordinance of the City zoning and classifying the Subject Property as R-1 Single Family District subject to a Special Use for a Planned Unit De-. velopment as hereinafter provided: (a) Those areas designated as "B-3 Zoning" on the attached Exhibit "C" shall be developed in accordance with all the provisions of the "B-3 Commercial District" classification as set forth in the Amended Zoning Ordinance of the City of McHenry subject, however, to the following restrictions and limitations: -7- 1. The following B-3 Commercial District uses shall not be permitted on Lots 2, 3, 4 and 5 as depicted on Exhibit "B": (i) Agricultural implement sales and service; (ii) Auction rooms; (iii) Beverage Distributors, but not including bottling plants; (iv) Book binding; (v) Expressing, baggage, and transfer delivery service; (vi) Garages or lots, public or private, for storage of passenger automobiles, trucks or buses; (vii) Taxi cab operations; (viii) Trailer sales; and (ix) Used car lots. (b) As to Lot 2, Lot 3, Lot 4 and Lot 5, the permitted B­3 uses of "Plumbing, heating, electrical roofing and supply con- tractors, including the customary workshop" all such permitted activities shall be within an enclosed building with no out- side storage; (c) As to Lot 2, Lot 3, Lot 4 and Lot 5, the permitted B-3 uses of "Wholesale Establishments" shall be defined as including only general merchandising establishments, factory outlet centers for the general public, sales establishments offer- ing discounted merchandise to the general public, catalogue sale and distribution centers, cooperative distribution cen-_ ters and similar general merchandising establishments but shall specifically exclude warehouse job -lot merchandising, auction show rooms and auction sales facilities, salvage sale centers and open air markets. (d) That area designated as "R-4A Zoning" on the attached Exhibit "C" shall be developed in accordance with the provisions of the R-4A Multi -Family District Classifica- tion as set forth in the Amended Zoning Ordinance of the City of McHenry; (e) Those areas designated as "R-3 Zoning" on the attached Exhibit "C" shall be developed in accordance with the provisions of the R-3 Single Family District Classifica- tion as set forth in the Amended Zoning Ordinance of the City of McHenry. (f) The area designated as Lot 1 on said Exhibit "C" may be developed for use as a recreational and sports center to include racquet ball and skate board facilities. 25. It is understood and agreed by the parties to this Agreement that the several provisions of this Agreement are separable, and that if any Court of competent jurisdiction shall adjudge any provision of - this Agreement to be invalid or unenforceable, then such judgment shall not affect any other provision of this Agreement. 26. Term of Agreement. 'Phis Agreement will be binding on the parties for a term of ten (10) years from the date of its execution. If, during the term of this Agreement, any third party shall, for any reason, commence proceedings as against the Developer or the City, whether such proceedings be by judicial process or administrative review, the effect of which proceedings impede, delay or prevent the development of the Subject Property or any part thereof, or the installation of any i:onroverients thereto (on -site or off -site) then in such event the term -8- of 'this Agreement shall be extended, of time equal to the duration of such tracive) as determined from the date ceedings to the date of the entry of ing conclusion of such proceedings. in each such event, for a period proceedings (judicial or adminis- of the commencement of such pro - a final unappealable order confirm- 27. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 28. Wherever in this Annexation Agreement Lot 79, the West fifty (50) feet of Lot 14 and Out Lot A and/or Out Lot B are to be conveyed to or on behalf of the City, each such conveyance, at the time the same is to be made as herein provided, shall be by warranty or trustee's deed with commitment for title insurance in an amount of $5,000.00 for each such conveyance, with plat of survey for the said land described therein pre- pared by a registered Illinois land surveyor. The Owner shall further deposit evidence of the payment of all real estate taxes to the date of such conveyance. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first above written. ATTEST: G. LEE-GLADSrfONE L EVAN GLADSTONE LORNA GLADSTONE (owner) ATTEST: EDWARD J. NEUMANN, JR. (Contract Purchaser) -9- CITY)MC HEN ,",,,BY: (Corporate Authorities) A r_ _a" A&4td&~,- GERTRUDE GLADSTONE Ak ATHERINE GLADSTONE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, As Trustee under Trust No. 40362 JERRY FALCON LARRY FALCON EDWARD J. GREENBERG (Developer) cf this Agreement shall be extended, in each such event, for a period of time equal to the duration of such proceedings (judicial or adminis- trative) as determined from the date of the commencement of such pro- ceedings to the date of the entry of a final unappealable order confir1- ing conclusion of such proceedings. 27. This Agreement shall be binding upon the parties hereto, their respective successors and assigns. 28• Wherever in this Annexation Agreement Lot 79, the West fifty (50) feet of Lot 14 and Out Lot A and/or Out Lot B are to be conveyed to or on behalf of the City, each such conveyance, at the time the same is to be made as herein provided, shall be by warranty or trustee's deed with commitment for title insurance in an amount of $5,000.00 for each such conveyance, with plat of survey for the said land described therein pre- pared by a registered Illinois land surveyor. The Owner shall further deposit evidence of the payment of all real estate taxes to the date of such conveyance. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day and year first above written. ATTEST: LEE GLADSTONE EVAN GLADSTONE LORNA GLADSTONE (Owner) Bpi .. • r_., �., �' ,. , r , ' - - --=tle EDWARD J MANN, (Contrac Purchaser) -9- (Corporate Authorities) GERTRUDE GLADSTONE CATHERINE GLADSTONE AMERICAN NAT AL BANK AND TRUST COMPANY OF GO, As 7rustee under Tr 40 BY: �r^ Vice Presidert v EDWARD J. GREENBERG (Developer)