HomeMy WebLinkAboutOrdinances - O-94-653 - 03/22/1994 - AUTHORIZE FIRST AMENDMENT ANNEX AGMT MCH CORP CENTI.'.94R 032459 STATE(! k&IS 432459
Cityof McHenryMcHENR RCOUND 1 T O.00
RECORDER
ORDINANCE NO. 0-94-653
An Ordinance Authorizing Execution of First Amendment
to Annexation Agreement Dated July 19, 1989 Regarding
Property Commonly Known as Corporate Center
Brake Parcel and Follett Parcels
WHEREAS, on July 19, 1989, the City Council entered into an
Annexation Agreement between the City of McHenry, Cosmopolitan
National Bank of Chicago, as Trustee of Trust 28571, Midwest
Properties Limited Partnership, Midwest Construction Co., Inc.,
McHenry Corporate Center Inc. and Prime Development Corp.; and
WHEREAS, said Annexation Agreement dated July 19, 1989 was
filed with the office of the McHenry County Recorder of Deeds on
August 14, 1989, as Document Number 89R026256; and
WHEREAS, various parties to the July 19, 1989 Annexation
Agreement, among others, have petitioned the Mayor and City Council
of the City of McHenry, for approval of an amendment to said
Annexation Agreement only with respect to Parcels A, B and C,
referenced in the Annexation Agreement dated July 19, 1989; and
WHEREAS, a public hearing was held on the petition before the
Corporate Authorities pursuant to 65 ILCS 5/11-15.1-3 and it is the
desire of the Corporate Authorities to enter into an amendment to
said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council
of the City of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the Mayor be, and is hereby authorized and
directed to execute, and the City Clerk is authorized and directed
to attest, dupli-cate�and file with the office of the McHenry County
Recorder of Deeds brig}ria:l-s of the First Amendment to Annexation
Agreement dated July 19, 1989, a copy of which is attached hereto
and made a part hereof as Exhibit A.
SECTION 2: If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any
Court of competent jurisdiction to be invalid, such judgment shall
not affect, impair, invalidate or nullify the remainder thereof,
which remainder shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Corporate Center First Amendment to Annexation Agreement, Page 1
94-34-225q
SECTION 4: This Ordinance shall be in full force and effect
upon its passage, approval and publication in pamphlet form (which
publication is hereby authorized) as provided by law.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird, Cuda
Voting Nay: None
Absent: None
Abstain: None
APPROVED:
L Z..'0Z
y ayor, Steven J. Cuda
(SEAL)
ATTEST•
City Clerk, Barbara G pin
Passed: March 21, 1994
Approved: March 21, 1994
Published: March 22, 1994
Corporate Center First Amendment to Annexation Agreement, Page 2
94-34-2260
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
CITY OF MCHENRY )
FIRST AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
THIS AGREEMENT, made and entered into this 21st day of March,
1994, by and between the CITY OF MCHENRY, a municipal corporation,
in the State of Illinois ("City"), COSMOPOLITAN BANK AND TRUST
COMPANY, successor trustee to COSMOPOLITAN NATIONAL BANK OF
CHICAGO, as Trustee of Trust 28571, 801 N. Clark Street, Chicago,
Illinois ("Cosmopolitan"), MCHENRY STATE BANK as Trustee of Trust
12894, under Trust Agreement dated November 15, 1993, 3510 W. Elm
Street, McHenry, Illinois ("McHenry Trust"), BRAKE REALTY INC., a
Delaware Corporation, with its office at 4400 Prime Parkway,
McHenry, Illinois ("Brake"), MIDWEST PROPERTIES LIMITED
PARTNERSHIP, 2540 W. Touhy Ave., Chicago, Illinois ("Midwest
Partnership"), MIDWEST CONSTRUCTION CO., INC., 2640 W. Touhy Ave.,
Chicago, Illinois, an Illinois corporation, as General Partner
("Midwest Construction"), FOLLETT VENTURE, an Illinois joint
venture, 4500 Prime Parkway, McHenry, Illinois ("Follett Venture"),
and MCHENRY CORPORATE CENTER INC., an Illinois corporation, 4500
Prime Parkway, McHenry, Illinois ("McHenry Corporate").
INTRODUCTION
Various parties to this Agreement were parties to an
Annexation Agreement dated July 19, 1989 and it is pursuant to 65
ILCS 5/11-15.1 and paragraph 27 of the July 19, 1989 Agreement that
this First Amendment is being made. The July 19, 1989 Annexation
Agreement shall be referred to herein as the "Original Agreement."
All provisions of this First Amendment shall only affect Parcels A,
B and C of the Original Agreement.
STATUS OF -THE PARTIES
A. At the time the Original Agreement was entered into,
Cosmopolitan held title to Parcels A, B and C referred to therein
and legally described as follows:
EXHIBIT A
TO ORDINANCE NO. 0-94-653
94-34-2261
Parcel A
That part of the Northeast Quarter and the Northwest
Quarter of Section 10, Township 44 North, Range 8 East of
the Third Principal Meridian described as follows:
Commencing at the Northwest corner of said Northeast
Quarter; then South 89057/20/1 East, along the North line
of said Northeast Quarter, 1656.55 feet to the place of
beginning; thence South 8905V 20" East, along said North
line of said Northeast Quarter, 917.37 feet to the
Westerly right-of-way line of Illinois State Route 31;
thence Southwesterly along the arc of a curve to the
right, said curve having a radius of 11,419.00 feet, an
arc of 875.09 feet and a chord bearing South 25008/59/1
West, 874.88 feet; thence South 2702Of2511 West, along
said right-of-way line, 310.00 feet; thence North
62039/35/1 West, 848.66 feet; thence North 27020/25/1 East,
763.55 feet to the place of beginning and containing
18.9122 acres, more or less, in McHenry County, Illinois;
Parcel B
That part of the Northeast Quarter of Section 10,
Township 44 North, Range 8 East of the Third Principal
Meridian, described as follows: Commencing at the
Northwest corner of said Northeast Quarter; thence South
89057/20/1 East, along the North line of the Northeast
quarter, 1656.55 feet; thence South 27020/25/1 West 763.55
feet to the place of beginning; thence continuing South
27020/25/1 West, 1024.85 feet; thence south 89048/02/1
East, 953.67 feet to the Westerly right-of-way line of
Illinois State Route 31: thence North 27020/25/1 East,
along said right-of-way line, 589.81 feet; thence North
6203913511 West, 848.66 feet to the place of beginning and
containing 15.7288 acres, more or less, in McHenry
County, Illinois;
Parcel C
That part of the Northeast Quarter and the Northwest
Quarter of Section 10, Township 44 North, Range 8 East of
the Third Principal Meridian, described as follows:
Beginning at the Northeast corner of said Northwest
Quarter; thence North 89049/23/1 West along the North line
of said Northwest Quarter, 468.92 feet; thence South
6036/55/1 East, 1598.10 feet; thence south 89048/02/1 East,
1120.00 feet; thence North 27020/25/1 East, 1788.40 feet
to the North line of said Northeast Quarter; thence North
8905V 20" West, along the North line of said Northeast
Quarter, 1656.55 feet to the place of beginning and
containing 59.1623 acres, more or less, in McHenry
County, Illinois.
2
94-34-2262
Collectively, Parcels A, B and C described in this recital A
shall be referred to as "Parcels A, B and C."
B. Midwest Partnership is currently the sole owner of 100%
of the beneficial interest in Cosmopolitan.
C. The General Partner of Midwest Partnership is Midwest
Construction and it has the authority under a Limited Partnership
agreement to authorize and direct the execution of this Agreement
on behalf of itself, Cosmopolitan and the Midwest Partnership.
D. Cosmopolitan has previously conveyed to McHenry Trust, a
portion of Parcel C, referred to in recital A, above. That portion
conveyed is legally described as follows:
Part of the North Half of Section 10, Township 44 North,
Range 8 East of the Third Principal Meridian, described
as follows: Beginning at the Northwest Corner of Lot 3
in McHenry Corporate Center Unit No. 1 according to the
Plat thereof recorded October 6, 1989 as Document Number
89R33780; thence North 89 degrees, 48 minutes, 02 seconds
West, 770.22 feet along the North line of said McHenry �f-,�}�ci F'
Corporate Center Unit 1; thence North 12 degrees, 19 '-
minutes, 46 seconds West, 417.60 feet; thence South 89
degrees, 48 minutes, 02 seconds East, 717.98 feet; thence
South 23 degrees, 48 minutes, 45 seconds East, 294.20
feet to the beginning of a curve, concave Westerly and
having a radius of 280.00 feet; thence Southerly 142.36
feet along said curve to the point of beginning, in
McHenry County, Illinois ("Follett Parcel").
E. Follett Venture, an Illinois joint venture is the owner
of 100% of the beneficial interest in the McHenry Trust.
F. The Managing Joint Venture Partner of the Follett Venture
is McHenry Corporate and it has the authority under a joint venture
agreement to authorize and direct the execution of this Agreement
on behalf of itself, the McHenry Trust and the Follett Venture.
G. Cosmopolitan has also previously conveyed, to Brake, a
portion of Parcels B and C, referred to in recital A, above. That
portion conveyed is legally described as follows:
Parcel 1: Part of the Northeast Quarter of Section 10,
Township 44 North, Range 8 East of the Third Principal
Meridian, described as follows: beginning at the
Northeast corner of Lot 1 in McHenry Corporate Center -fir
Unit One, according to the Plat thereof recorded October
3
94-34-2263
6, 1989 as document No. 89R033780, in McHenry County,
Illinois; thence North 89048/02/1 West, 857.69 feet along
the North line of Lots 1, 2 and 3 of said McHenry
Corporate Center Unit One, to the Northwest corner of
said Lot 3; thence Northwesterly, an arc distance of
142.36 feet along a non -tangent curve, concave to the
Southwest, having a radius of 280.00 feet and a chord
bearing of North 090 141150" West; thence North 23048/45/1
West 452.00 feet to the beginning of a curve, concave
easterly, having a radius of 683.00 feet; thence
Northerly, 560.01 feet along said curve to the beginning
of a compound curve, concave southeasterly and having a
radius of 25.00 feet; thence Northeasterly, 34.39 feet
along said curve to the beginning of a compound curve,
concave southwesterly and having a radius of 1600.00
feet; thence southeasterly 428.62 feet along said curve;
thence south 62040/17/1 East, 613.15 feet; thence South
27,00314111 West, 457.10 feet; thence South 00011/58/1 West,
100.00 feet; thence South 58036/42/1 East, 350.00 feet to
the point of beginning, in McHenry County, Illinois; also
Parcel 2: That part of the Northeast Quarter of Section
10, Township 44 North, Range 8 East of the Third
Principal Meridian, described as follows: beginning at
the Northwest corner of Lot 3 in McHenry Corporate Center
Unit One, according to the Plat thereof recorded October
6, 1989 as Document No. 89R033780; thence North 89048/02/1
West along said North line of said McHenry Corporate
Center Unit 1, a distance of 60.22 feet to the Northeast
corner of Lot 4 of Said McHenry Corporate Center; thence
Northerly 5.40 feet along a curve to the right, having a
radius of 679.00 feet; chord bearing of North 05005/01/1
East and measuring 5.40 feet; thence northwesterly 111.83
feet along a reverse curve, having a radius of 220.00
feet, chord bearing of North 09015/02/1 West and measuring
110.63 feet; thence North 23048/45/1 East, 320.93-feet to
the point of beginning; thence North 23048/45/1 West,
131.07 feet; thence Northerly 615.73 feet along a curve
to the right, having a radius of 743.0 feet; thence
southeasterly 82.13 feet along a curve to the right,
having a radius of 1600.00 feet, chord bearing of South
79029/27/1 East and measuring 82.12 feet; thence
southwesterly 34.39 feet along a curve to the left,
having a radius of 25.00 feet, chord bearing of South 620
34121" West and measuring 31.74 feet; thence
southeasterly 560.01 feet along a compound curve, having
a radius of 683.00 feet, chord bearing of South 00019/2511
East and measuring 544.45 feet; thence South 23048/45/1
East tangent to the last described curve, 157.80 feet;
thence south 89048/02/1 East, 65.68 feet to the point of
beginning, in McHenry County, Illinois; and also
4
94-34-2264
Parcel 3: Easement for the benefit of Parcels 1 and 2 as
created by grant from McHenry State Bank, Trust 12894
dated November 15, 1993, to Brake Realty, Inc., a
Delaware Corporation, dated December 28, 1993 and
recorded December 29, 1993 as Document No. 93R081888, for
the purposes of ingress and egress over the property
described as follows: That part of the Northeast Quarter
of Section 101 Township 44 North, Range 8 East of the
third Principal Meridian, described as follows:
Beginning at the Northwest Corner of Lot 3 in McHenry
Corporate Center Unit One, according to the plat thereof
recorded October 6, 1989 as Document No. 89R033780;
thence North 89048102" West along said North line of said
McHenry Corporate Center Unit One, a distance of 60.22
feet to the Northeast corner of Lot 4 of said McHenry
Corporate Center; thence Northerly 5.40 feet along a
curve to the right having a radius of 679.0 feet; chord
bearing of North 05005101" seconds East and measuring
5.40 feet; thence Northwesterly 111.83 feet along a
reverse curve, having a radius of 220.0 feet, chord
bearing of North 09015102" West, and measuring 110.63
feet; thence North 23048145" East, 320.93 feet; thence
North 89048102" East, 65.68 feet; thence South 23048145"
East, 294.20 feet; thence Southerly 142.36 feet along a
curve to the right, having a radius of 280.00 feet to the
point of beginning, in McHenry County, Illinois.
Parcels 1, 2 and 3 referred to in this recital G shall be
collectively referred to a the "Brake Parcel."
NOW THEREFORE, in consideration of the mutual covenants
contained herein, it is hereby agreed by and between the parties
hereto as follows:
1. The Mayor and City Council, contemporaneously with the
execution of this Agreement, will enact an ordinance authorizing
the Mayor and Clerk's execution of this Agreement.
2. The Revised Conceptual Plan, dated March 21, 1994,
affecting only Parcels A, B and C, attached hereto as "Exhibit A,"
is approved by the City.
3. The guidelines attached to the Original Agreement as
Exhibit B are hereby amended only with regard to development of
Parcels A, B and C. The revised guidelines, as applied to Parcels
A, B and C, are attached hereto as "Exhibit B."
5
94-34-2265
4. Pursuant to the Subdividers Agreement attached hereto as
"Exhibit C," the City shall issue building permits to allow
construction of buildings on the Brake Parcel and lots 65 through
69 designated on Exhibit A as the "Follett Expansion Parcel."
Throughout this Agreement, the lots 65 through 69 designated on
Exhibit A will be referred to as the "Follett Expansion Parcel."
5. The parties hereto agree, with respect to Parcels A, B
and C, to be bound by the Reimbursement Agreement attached hereto
as "Exhibit D."
6. This Agreement shall not be construed to extend the term
of the Original Agreement.
7. In the event that this First Amendment or the Original
Agreement are challenged in any court, for any reason, and the City
is made a party to any such lawsuit, McHenry Corporate shall
indemnify and reimburse the City, upon demand, for any and all
loses or damages incurred therein, including all attorneys fees,
expert witness fees and costs incurred in the defense of such a
lawsuit.
8. The provisions of this Agreement shall be deemed to
separable, and if any section, paragraph, clause, provisions or
item of this Agreement shall be held invalid, such provisions shall
be deemed to be excised therefrom and the invalidity of such
section, paragraph, clause, provision or item shall not affect any
other provision of this Agreement.
9. Except as herein modified, all the terms, conditions and
provisions of the Original Agreement shall stand and be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals, and have caused this instrument to be executed by
T
94-34-2266
their duly authorized officials and the corporate seal attached
thereto, all on the day and year first above written.
Attest:
ae,
City Clerk
7
94-34-2267
STATE OF ILLINOIS)
COUNTY OF McHENRY)
BRAKE REALTY INC., through its duly authorized agent, being
first duly sworn upon oath deposes and says that he has read the
foregoing First Amendment to Annexation Agreement by him
subscribed; that he has personal knowledge of the contents thereof
and that the contents thereof are true in substance and in fact and
has the power to execute this First Amendment to Annexation
Agreement on behalf of BRAKE REALTY INC.
BRAKE REALTY INC.
By:
Its
Attest:
ell
Subscribed and sworn to before me this
day of , 1994.
Notary Public
cc�rn . e�te.: i t /30/9$
93
94-34-2268
X
COSMOPOLITAN NATIONAL BANK, AS
TRUSTEE UNDER TRUST NO. 28571 & not personally
For exculpatc
STATE OF ILLINOIS ) BY.:-&'t,( ` t,�Cc•<'_ c:`�.. _, ���f� provisions se
COUNTY OF Cook ) Trust Officer elow
-41
Signed by the Cosmopolitan National Bank, as Trustee under Trust No. 28571
and not personally, but solely as Trustee under a certain Trust Agreement. Said Trust
Agreement is hereby made a part thereof and any claims against said Trustee which may
result from the signing of this Amended Annexation Agreement shall be payable only out of
any trust property which may be held thereunder, and said Trustee shall not be personally
liable for the performance of any of the terms and conditions of this Annexation Agreement
or for the validity or condition of the title of said property or for any agreement with respect
thereto. Any and all personal liability of the""Cosmopolitan National Bank, is hereby
expressly waived by the parties hereto and their respective successors and assigns.
Cosmopolitan National Bank, as Trustee under
Trust No. 28571 and not personally.
la `,jJl l i L t. IC'I�LC.C.( l/
Trust Officer
Attest: �� -,�n - D,
Land Trust Administrator
STATE OF ILLINOIS )
COUNTY OF MXWXtA`Y )
COOK
I, the undersigned, a Notary Public in and for the County. and State aforesaid,
do hereby certify that the foregoing Ann Hucek Burress and Teri M. Doran
, respectively the Trust Officer and AnigAnt beOffo= of thCosmopolitan National
Bank, as Trustee aforesaid, personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as said Trust Officer andtx'ik
respectively, appeared before me this day in person and severally acknowledged that they
signed and delivered said instrument as their own free and voluntary act of said Trustee for
the uses and purposes therein set forth, and that said Trust Officer then and there
acknowledged that he, as custodian of the Corporate Seal of said Trustee, caused the
Corporate Seal to be affixed to said instrument as said Trust Officer's own free and
voluntary act and as the free and voluntary act of the National Banking Association for the
uses and purposes therein set forth.
My Commission Expires: -1 - I k -`k�
Notary Public
9 OFFICIAL SEAL
ANNA S. JANKOWSKI
NOTARY FUH:IC. STATE OF ILLINOIS
MY CC`. wSSIOY EXPiR=S 7.14-97
94-34-2269
STATE OF ILLINOIS )
COUNTY OF McHENRY )
MIDWEST PROPERTIES LIMITED
PARTNERSHIP MY MIDWEST
CONSTRUCTION CO., ANC., G-. P,
z
�ccr.7��iy ✓
MIDWEST CONSTRUCTION CO., INC., as a general partner of MIDWEST
PROPERTIES LIMITED PARTNERSHIP, an Illinois Partnership, being first duly sworn upon
their oaths depose and say that they have read the foregoing Amended Annexation Agreement
by them subscribed; that they have personal knowledge of the contents thereof and that the
contents thereof are true in substance and in fact and has the power to execute this Agreement
on Behalf of MIDWEST PROPERTIES LIMITED PARTNERSHIP.
Attest:
-�, ✓
Its
Subscribed and sworn to
before me this io+-k
day of Yh,t , 1994
✓ k&,,
Notaroublic
B
Y-
Its • D-riuv� Se G:
10
"OFFICIAL SEAL" .
MARY L DCNNER
Notary Public, State of Illinois
My Commission E,pires 2/18/96
94-34-2270
MCHENRY STATE BANK AS TRUSTEE
UNDER TRUST 12894
STATE OF ILLINOIS )
COUNTY OF McHENRY
Signed by the MCHENRY STATE BANK, as Trustee under Trust No. 12894, and
not personally, but solely as Trustee under a certain Trust Agreement. Said Trust Agreement
is hereby made a part thereof and any claims against said Trustee which may result from the
signing of this Amended Annexation Agreement shall be payable only out of any trust property
which may be held thereunder, and said Trustee shall not be personally liable for the
performance of any of the terms and conditions of this Annexation Agreement or for the validity
or condition of the title of said property or for any agreement with respect thereto. Any and all
personal liability of the MCHENRY STATE BANK, is hereby expressly waived by the parties
hereto and their respective successors and assigns.
MCHENRY STATE BANK, as Trustee under
Trust . 12894
BY:
Trust Officer
Attest: GERAIM HELT
Trust Officer
WILLIAM J. TAYLOR
STATE OF ILLINCT"T OFFICER
COUNTY OF MCHENRY)
I, the undersigned, a Notary Public ' and for the County and State aforesaid, do
hereby certify that the foregoing —cic! and ,
respectively the Trust Officer and Assistant Trust Officer of the MCHENRVISTATIErBANK,
as Trustee aforesaid, personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as said Trust Officer and Assistant Trust Officer,
respectively, appeared before me this day in person and severally acknowledged that they signed
and delivered said instrument as their own free and voluntary act of said Trustee for the uses
and purposes therein set forth, and that said Trust Officer then and there acknowledged that he,
as custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to
said instrument as said Trust Officer's own free and voluntary act and as the free and voluntary
act of the National Banking Association for the uses and purposes therein set forth.
My Commission Expires:
aL�., G.
4=�:/
Plotary Public
"OFFICIAL SEAL'
Jeanne E. Kern
Notary Public, State of Illinois
My Commission Expires Nov. 9,1996
11
94-34-227
VENTURE, an Illinois joint venture
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
MCHENRY CORPORATE CENTER, INC., as the managing venturer of FOLLETT
VENTURE, an Illinois joint venture and the owner of 100% of the beneficial ownership in
McHenry State Bank Trust 12894, being first duly sworn on their oaths depose and say that
they have read the foregoing Amended Annexation Agreement by them subscribed; that they
have personal knowledge of the contents thereof and that the contents thereof are true in
substance and in fact and have the power to execute this Agreement on behalf of MCHENRY
CORPORATE CENTER INC.
xB .
is
Attest:
Subscribed and sworn to before me this
5day of In/i Y , 1994.
Notary Public
"OFFICIAL SEAL„
Barbara A. Grant ;
< Notary Public, State of Illinois ;
(My Commission Expires 4/27/96;'
««ccc«ccccccccccccccccccccccccccccccccccccccc�
12
94-34-2272
STATE OF ILLINOIS)
COUNTY OF McHENRY)
McHENRY CORPORATE CENTER, INC., through its duly authorized
agent, being first duly sworn upon oath deposes and says that he
has read the foregoing First Amendment to Annexation Agreement by
him subscribed; that he has personal knowledge of the contents
thereof and that the contents thereof are true in substance and in
fact and has the power to execute this First Amendment to
Annexation Agreement on behalf of McHENRY CORPORATE CENTER, INC.
McHENRY CORPORATE CENTER, INC.
By:
At
Subscribed and sworn to before me this
-5-79 day of 1r, 1994.
&dL,� r,�- A��,-t
Notary Public
"OFFICIAL SEAL"
Barbara A. Grant
< Notary Public, State of Illinois ;
My Commission Expires 4/27196 Z;
�ca�c<:.:ccccaccaccccccccc<.c<:ccccacc• :c«<!•
13
94-34-2273
EXHIBIT B TO
FIRST AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
The following changes, as applied to Parcels A, B and C, shall
be made to Exhibit B attached to the Original Agreement:
1. Paragraph B.1 shall be deleted in its entirety and in
lieu thereof the following shall be added:
1. Development Standards:
(a) Front Yard Setback - Fifty (50) feet for
building, twenty-five (25) feet for parking
(25 feet green space between front parking
curb and right-of-way.
(b) Side Yard Setback - Fifteen (15) feet
building, five (5) feet parking, (5 feet green
space from parking lot to property line).
(c) Rear Yard Setback - Twenty (20) feet building,
five (5) feet parking (5 feet green space from
parking lot to property line.
In the event that parking is placed in the
front yard, then the building shall be set
back a minimum from the back curb of the
parking area to allow for a ten (10) foot
buffer between the parking area and the
building. The front parking area shall be
partially screened from view from the street
by berming or landscaping.
2. Paragraph B.7 shall be deleted in its entirety an in lieu
thereof the following shall be added:
7. Storage Areas:
Storage, service, maintenance and loading areas
must be constructed, maintained,' and used in
accordance with the following conditions:
No materials, supplies, or equipment shall be
stored upon a site except inside a closed building
or behind a durable material wall not less than six
(6) feet in height, screening such material,
supplies or equipment from adjacent sites so as not
to be visible from neighboring properties and
street. No stored items may protrude above the
screen. The outdoor storage of uncontained
building material is prohibited. Any outdoor
storage areas shall be located in the side or rear
94-34-2275
yard adjacent to the main structure and not exceed
1,000 square feet in area. Of course, any
attempted variation to these standards would
require a city Special Use Permit.
All trash receptacles and storage areas, service
yards, electrical cage enclosures, incinerators and
similar equipment for the disposal of materials and
storage tanks, shall be screened from view from
access streets and front yards of adjacent
properties by means of a fence, berm, wall or dense
opaque landscaping materials. Deposited refuse
shall not be visible from outside the refuse
enclosure. Storage areas shall be kept in a neat
and orderly mariner. The contents of all storage
and trash areas must be directly related to the
primary use of the business. Refuse collection
enclosures shall be designed of durable materials
with finishes and colors which are unified and
harmonious with the overall architectural them.
Silos and other tall containers shall not be placed
on front yards or other conspicuous locations and
shall not exceed the building height requirements
listed below.
3. Paragraph B.8 shall be deleted in its entirety and in
lieu thereof the following shall be added:
8. Loading:
Sufficient space for loading and unloading shall be
provided on each lot to accommodate trucks not less
than seventy (70) feet in length. Improvements
shall be designed and located on each building site
so that vehicles may not be loaded or unloaded on
or from any street. All docks which face Route 31,
Prime Parkway and Dayton Streets or opening onto a
yard which is adjacent to a residential district
must be interior and enclosed. Such exterior docks
shall be designed as to not hamper pedestrian
movement in and out of the building. Streetside
exterior docks shall be strongly discouraged.
4. Paragraph B.9 shall be deleted in its entirety and in
lieu thereof the following shall be added:
9. Architecture:
(a) Building exterior wall materials:
Fa
94-34-2276
For buildings of less than 20,000 square feet,
the front exterior walls shall be defined as
the closest wall to the most major streets the
property adjoins and shall be of masonry,
stone, glass or architectural precast concrete
panels. The side exterior walls may be of
metal except that the lower third or lower
seven (7) feet, which ever is less, of the
wall shall be of masonry, stone, glass or
architectural precast concrete panels. In no
event shall concrete blocks be allowed on any
exterior surface of a building. Factory
colored "split faced block" (or equal) is
acceptable.
For buildings of more than 20,000 square feet,
the same restrictions as above shall apply,
except that the lower four (4) feet of the
side exterior wall shall be of masonry, stone,
or architectural precast concrete panels.
(b) Height Limitations - No building erected shall
exceed thirty-five (35) feet in height. If
building exceeds thirty-five (35) feet in
height, the front yard setback shall be
increased by one (1) foot for every one (1)
foot in excess of thirty-five (35). The
maximum height to be fifty (50) feet.
(c) The floor/land area ratio shall not exceed,
.85.
5. Except as herein modified, all the terms, conditions and
provisions of Exhibit B to the Original Agreement shall remain in
full force and effect.
END OF EXHIBIT B TO FIRST AMENDMENT TO
ANNEXATION AGREEMENT
DATED JULY 19, 1989
3
94-34-2277
EXHIBIT C TO
FIRST AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
SUBDIVIDERS AGREEMENT
This Subdividers Agreement, which is attached to and made a
part -of the First Amendment to Annexation Agreement dated July 19,
1989, is binding on all parties thereto:
Recitals
A. By virtue of the execution of the Original Agreement,
Parcels A, B and C, referred to therein, were annexed into the
corporate limits of the City.
B. Cosmopolitan holds legal title to the Follett Expansion
Parcel and Brake holds title to the Brake Parcel. Cosmopolitan and
Brake desire to have building permits issued on the Follett
Expansion Parcel and the Brake Parcel, respectively, prior to the
City's approval of the required plat of subdivision.
NOW, THEREFORE, in consideration of the foregoing premises and
in further consideration of the mutual covenants; agreements and
conditions
herein contained,
the parties
hereto agree
as
follows:
1.
The City shall issue building
permits for
the
Follett
Expansion Parcel and Brake Parcel upon submission by Cosmopolitan
and Brake to the City a preliminary plat and concept plan, - which
includes the Follett Expansion Parcel and Brake Parcel.
2. Upon issuance of the Follett Expansion Parcel and Brake
Parcel building permits, all parties hereto agree to, comply with
all provisions of the City's Subdivision Control Ordinance, all
other City ordinances, the terms of the Original Agreement and the
First Amendment to Annexation Agreement dated July 19, 1989,
94-34-2278
relative to development of the Follett Expansion Parcel and Brake
Parcel.
3. All parties expressly agree that the City shall have the
right and obligation to withhold final plat approval or issuance of
occupancy permits, relative to the buildings to be constructed on
the Follett Expansion Parcel and Brake Parcel, subject to full
compliance with all terms of the Original Agreement, First
Amendment to Annexation Agreement dated July 19, 1989, the City's
Subdivision Control Ordinance and all other City regulations and
ordinances.
4. All parties hereto release the City, its officers and
employees from any and all liability for damages caused and waive
any right to file suit against the City, its officers and
employees, on any legal theory, as a result of the City's refusal
to issue occupancy permits in the future on the Follett Expansion
Parcel and Brake Parcel. Provided, however, the City shall not
unreasonably withhold its approval of the final plat of subdivision
or occupancy permits of the Follett Expansion Parcel or Brake
Parcel.
5. The parties hereto agree that the expedited issuance of
the building permits on the Follett Expansion Parcel and Brake
Parcel shall not entitle Cosmopolitan, Brake or any other party to
this Agreement to obtain expedited permits on any parcel of
property.
END OF EXHIBIT C TO FIRST AMENDMENT TO
ANNEXATION AGREEMENT
DATED JULY 19, 1989
I)
94-34-2279
EXHIBIT D TO
FIRST AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
REIMBURSEMENT AGREEMENT
THIS REIMBURSEMENT AGREEMENT, which is attached to and made
part of the First Amendment to Annexation Agreement dated July 19,
1989 and is binding on all parties thereto.
Recitals
A. Brake intends to pay the entire cost of constructing the
public road improvements shown on Exhibit A and identified as
"Corporate Drive" from its present terminus at the northern
boundary of McHenry Corporate Center Unit One to the northern
boundary line of the Brake Parcel;
B. The installation of said public road improvements will
benefit properties and property owners other than Brake; and
C. It is the desire of Brake to be reimbursed by the owners
of the properties benefitted by the installation of the public road
improvements on an equitable basis for the cost of the public road
improvements which is in excess of that required for the Brake
Parcel development.
NOW THEREFORE, in consideration of mutual promises and
agreements contained herein, the parties to the First Amendment to
Annexation Agreement dated July 19, 1989 agree as follows:
1. Brake will pay all of the costs of construction of the public
road improvements referred to in recital A, above. "Costs of
Construction" shall include the cost of constructing the
public roadway, the cost of engineering, the cost of a letter
of credit and such costs, permits and fees required by the
City and others that are associated with the preparation of
plans, construction of the public road improvements or the
City's approval process.
2. The parties to the First Amendment to Annexation Agreement
dated July 19, 1989 agree that Brake shall be entitled to
receive interest on the construction costs due from each
benefitted property owner at the rate of one percent (1%) per
annum over the last July 1, five year treasury bill rate. In
the event that any state statute shall determine an interest
rate other than set forth in this paragraph 2, the state
requirement shall prevail. Interest shall begin to run upon
final approval by the City of the final construction costs
submitted by Brake with regard to the public road
improvements. In the event the City is required to take any
action to enforce this Reimbursement Agreement for the benefit
of Brake, the sum collected shall be paid to Brake, after
94-34-2280
deduction, of two percent (2%) for administrative charges due
City. If Brake and the benefitted property owners negotiate
an agreement which does not require the City's intervention
with respect to reimbursement for the public road improvements
referred to herein, the two percent (2%) administrative charge
will not be payable to the City.
3. For purposes of this Reimbursement Agreement, the only
benefitted property owners shall be McHenry Trust and the
applicant for building permits on lots 87 and 88, depicted on
Exhibit A, and the Follett Expansion Parcel. These benefitted
property owners will share the cost of construction with Brake
on a pro rata basis, based upon the frontage each party's
parcel has on the proposed public roadway improvements.
4. The parties agree that the City will endeavor to collect that
portion of the construction costs of the public roadway
improvements due Brake, including interest payments, from the
benefitted property owners prior to issuing occupancy permits
to the benefitted property owners, for parcels included in the
Follett Expansion Parcel or land north thereof, now shown as
lots 87 and 88 on Exhibit A to the First Amendment to
Annexation Agreement dated July 19, 1989.
5. The parties agree that the City will use its best efforts to
collect the costs provided herein from the benefitted property
owners but shall not be liable to any party to the First
Amendment to Annexation Agreement dated July 19, 1989 if the
City is, for any reason, unable to collect said costs. City's
responsibility to reimburse Brake shall be limited to payments
from funds actually collected from the benefitted property
owners.
6. Brake shall reimburse and indemnify City for all costs,
engineering and attorney's fees and liability incurred by the
City in attempting to collect the reimbursement amount subject
to this Agreement.
7. This Agreement shall have a commencement date upon final
approval by the City of the final construction costs submitted
by Brake with regard to the public road improvements and shall
terminate ten years thereafter or upon reimbursement by City
of the charges referred to in this Agreement, whichever occurs
first.
END OF EXHIBIT D TO FIRST AMENDMENT TO
ANNEXATION AGREEMENT
DATED JULY 19, 1989
W
94-34-228