HomeMy WebLinkAboutOrdinances - O-96-788 - 06/26/1996 - AUTHORIZE FIFTH AMENDMT TO ANNEX AGMT CORPORATE CT0-96-788
ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A FIFTH AMENDMENT
TO ANNEXATION AGREEMENT DATED JULY 19, 1989 REGARDING
PROPERTY COMMONLY KNOWN AS CORPORATE CENTER UNIT 6
WHEREAS, on July 19, 1989, the City of McHenry Corporate Authorities entered int o
an Annexation Agreement between the City of McHenry, Cosmopolitan National Bank of
Chicago, as Trustee of trust No. 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 (Original Agreement) was
filed with the office of the McHenry County Recorder of Deeds on August 14, 1989, as
Document Number 8911026256; and
WHEREAS, a First Amendment to said Original Agreement was approved on March 21,
1994 by the City of McHenry Corporate Authorities and filed with the office of the McHenry
County Recorder of Deeds on May 23, 1994, as Document Number 9411032459; and
WHEREAS, a Second Amendment to said Original Agreement was approved on August
17, 1994 by the City of McHenry Corporate Authorities and filed with the office of the McHenry
County Recorder of Deeds on November 4, 1994, as Document Number 94R063038; and
WHEREAS, a Third Amendment to said Original Agreement was approved on August 31,
1994 by the City of McHenry Corporate Authorities and filed with the office of the McHenry
County Recorder of Deeds on September 20, 1994, as Document Number 9411054866; and
WHEREAS, a Fourth Amendment to said Original Agreement was approved on August
30, 1995 by the City of McHenry Corporate Authorities and filed with the office of the McHenry
County Recorder of Deeds on January 30, 1996, as Document Number 96R04998; and
WHEREAS, various parties to the Original Agreement, among others, have petitioned the
Mayor and City Council for approval of a Fifth Amendment to said Original Agreement with
respect to the property commonly known as Unit 6; and
WHEREAS, a public hearing was held on the Petition before the Corporate Authorities
pursuant to 65 ILCS 5/11-15.1-3 on wherein said Fifth Amendment was approved.
WHEREAS, it is the desire of the Corporate Authorities to enter into said revised Fifth
Amendment to said Original 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 and City Clerk are hereby authorized an directed to
execute the Fifith Amendment to the Annexation Agreement dated July 19, 1989, and the City
Clerk is authorized and directed to file with the office of the McHenry County Recorder of Deeds
a Certified Copy of this Ordinance approving the Fifth Amendment, a copy of which is attached
hereto and made a part hereof as Exhibit "A".
Corporate Center Fifth Amendment to Annexation Agreement, Page 1
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.
Sectign : All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4: This Ordinance shall be in full force and effect upon its passage, approval
and publication in pamphlet form (which publications is hereby authorized ) as provided by law.
PASSED this 2 thday of .1,, ,p , 1996.
AYES: Bolger, Locke, Lawson, Bates, Coda
NAYS: None
ABSENT: Baird
NOTVOTING: None
ABSTAINED: None
APPROVED this 2_Etl�lay of June , 1996.
/Mayor
ATTEST:
City Clerk
Corporate Center Fifth Amendment to Annexation Agreement, Page 2
Legal Description of Property to be known as Unit 6
A part of the Northeast Quarter and part of the Northwest 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 32 in McHenry Corporate Center Unit 2, according to the plat thereof,
recorded October 26, 1990 as Document 90R039963 in McHenry County, Illinois; thence North
00 degrees 48 minutes 59 seconds West, 1586.23 feet along the east right-of-way line of
Ridgeview Drive, as shown on the plat of McHenry Corporate Center Unit 5, according to the
Plat thereof recorded March 16, 1995 as Document No. 95R009425 in McHenry County,
Illinois, the north line of the Northwest Quarter of said Section 10; thence South 89 degrees 52
minutes 49 seconds East, 1575.50 feet along said north line to the northeast corner thereof;
thence South 89 degrees 55 minutes 31 seconds East, 155.38 feet along the north line of the
Northeast Quarter of said Section 10; thence South 00 degrees 27 minutes 38 seconds West
83.83 feet; thence south 57 degrees 01 minutes 21 seconds West, 269.05 feet; thence South
24 degrees 34 minutes 09 seconds West, 159.47 feet; thence South 24 degrees 16 minutes 54
seconds East, 206.65 feet; thence South 14 degrees 57 minutes 35 seconds East, 91.28 feet to
the north line of Lot 69 in McHenry Corporate Center Unit 3, according to the plat thereof,
recorded July 28, 1994 as Document No. 94R045165 in McHenry County, Illinois; thence North
89 degrees 48 minutes 02 seconds West, 27.20 feet along said north line to the northwest
corner of said Lot 69; thence South 12 degrees 19 minutes 46 seconds East, 959.66 feet along
the west line of Lots 64 thru 69 in said McHenry Corporate Center Unit 3 to the North line of
McHenry Corporate Center Unit 1, according to the plat thereof, recorded October 6, 1989 as
Document No. 89R03378 in McHenry County, Illinois; thence North 89 degrees 48 minutes 02
seconds West, 1701.64 feet along said north line of said McHenry Corporate Center Unit 1 and
McHenry Corporate Center Unit 2, line to the point of beginning, all in McHenry County, Illinois
g:\usoers\maryd\m\corpcent\5thamend.ord
June 7, 1996
Corporate Center Fifth Amendment to Annexation Agreement, Page 3
State of Illinois )
County of McHenry )
City of McHenry )
FIFTH AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
July
THIS AGREEMENT, effective this 12th day off, 1996, 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"), MIDWEST PROPERTIES LIMITED
PARTNERSHIP, 2640 W. Touhy Ave., Chicago, Illinois ("Midwest" Partnership"), MIDWEST
CONSTRUCTION CO., INC., 2640 W. Touhy Ave., Chicago, Illinois ("Midwest Construction"), and
PRIME MCHENRY PROPERTIES, L.L.C., 4500 Prime Parkway, McHenry, Illinois ("Prime McHenry").
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 ("Original Agreement") and subsequent Amendments to the Agreements, this Fifth
Amendment is being made in order to incorporate the property under the guidelines and
covenants affecting McHenry Corporate Center to be known as Unit 6.
STATUS OF THE PARTIES
A. Currently the title to the parcel is held by Cosmopolitan, with a contract pending
for the sale of such parcel to Prime McHenry ("Contract Parcel").
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 an direct the execution of this
Agreement on behalf of itself, Cosmopolitan and the Midwest Partnership.
Now, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby
agreed by and between the parties hereto as follows:
The Contract Parcel is legally described as follows:
A PART OF THE NORTHEAST QUARTER AND PART OF THE NORTHWEST 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 32 IN MCHENRY CORPORATE CENTER
UNIT 2, ACCORDING TO THE PLAT THEREOF, RECORDED OCTOBER 26, 1990 AS DOCUMENT
90R039963 IN MCHENRY COUNTY, ILLINOIS; THENCE NORTH 00 DEGREES 48 MINUTES 59
SECONDS WEST, 1586.23 FEET ALONG THE EAST RIGHT-OF-WAY LINE OF RIDGEVIEW DRIVE, AS
SHOWN ON THE PLAT OF MCHENRY CORPORATE CENTER UNIT 5, ACCORDING TO THE PLAT THEREOF
RECORDED MARCH 16, 1995 As DOCUMENT No. 95ROO9425 IN MCHENRY COUNTY, ILLINOIS,
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES
52 MINUTES 49 SECONDS EAST, 1575.50 FEET ALONG SAID NORTH LINE TO THE NORTHEAST
CORNERTHEREOF; THENCE SOUTH 89 DEGREES 55 MINUTES 31 SECONDS EAST, 155.38 FEET ALONG
THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE SOUTH 00 DEGREES
27 MINUTES 38 SECONDS WEST 83.83 FEET; THENCE SOUTH 57 DEGREES 01 MINUTES 21 SECONDS
WEST, 269.05 FEET; THENCE SOUTH 24 DEGREES 34 MINUTES 09 SECONDS WEST, 159.47 FEET;
THENCE SOUTH 24 DEGREES 16 MINUTES 54 SECONDS EAST, 206.65 FEET; THENCE SOUTH 14
DEGREES 57 MINUTES 35 SECONDS EAST, 90.47 FEET TO THE NORTH LINE OF LOT 69 IN MCHENRY
CORPORATE CENTER UNIT 3, ACCORDING TO THE PLAT THEREOF, RECORDED JULY 28, 1994 As
DOCUMENT No. 94RO45165 IN MCHENRY COUNTY, ILLINOIS; THENCE NORTH 89 DEGREES 48
MINUTES 02 SECONDS WEST, 27.20 FEET ALONG SAID NORTH LINE TO THE NORTHWEST CORNER OF
SAID LOT 69; THENCE SOUTH 12 DEGREES 19 MINUTES 46 SECONDS EAST, 959.66 FEET ALONG
THE WEST LINE OF LOTS 64 THRu 69 IN SAID MCHENRY CORPORATE CENTER UNIT 3 TO THE
NORTH LINE OF MCHENRY CORPORATE CENTER UNIT 1, ACCORDING TO THE PLAT THEREOF,
RECORDED OCTOBER 6, 1989 AS DOCUMENT No. 89RO3378 IN MCHENRY COUNTY, ILLINOIS;
THENCE NORTH 89 DEGREES 48 MINUTES 02 SECONDS WEST, 1701.64 FEET ALONG SAID NORTH
LINE OF SAID MCHENRY CORPORATE CENTER UNIT 1 AND MCHENRY CORPORATE CENTER UNIT 2,
LINE TO THE POINT OF BEGINNING, ALL IN MCHENRY COUNTY, ILLINOIS. _
2. The Revised Concept Plan for McHenry Corporate Center, dated April 26, 1996,
with last revision date of June, 1996, attached hereto as "Exhibit A", is approved by the City.
3. That Declaration of Covenants, Conditions and Restrictions for McHenry Corporate
Center, recorded October 6, 1989 as document 89R 033778, and amended by document 94R
031994 on May 19, 1994, shall apply to the development of McHenry Corporate Center Unit
6.
4. This Fifth Amendment shall not be construed to extend the term of the Original
Agreement.
5. a. In the event that this Fifth Amendment or the Original Agreement or
subsequent Amendments are challenged in any court, for any reason, and the City is made a
party to any such lawsuit, McHenry Corporate Center, Inc., shall indemnify and reimburse the
City, upon demand, for any and all losses or damages incurred therein, including all attorneys
fees, expert witness fees an costs incurred in the defense of such a lawsuit.
b. In the event that any party to this Agreement files suit in any court to
enforce the terms of this Agreement, the prevailing party shall be entitled to recover from the
losing party, all loss or damage incurred therein, including all attorneys fees, expert witness fees
and costs incurred by the prevailing party.
6. The agreements contained herein shall be deemed to be covenants running with
the land during the term of this Agreement, shall be binding upon the heirs, executors,
successors and assigns of the parties, including the contract purchaser of the Contract Parcel and
a copy of this Agreement shall be files in the office of the McHenry County Recorder of Deeds.
7. The provisions of this Agreement shall be deemed to be separable, and if any
section, paragraph, clause provision or item of this Agreement shall be held invalid, such
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provisions shall be deemed to be excised therefrom and the invalidity of such section paragraph,
clause, provisions or item shall not affect any other provisions of this Agreement.
8. Except as herein modified, all the terms conditions and provisions of the Original
Agreement, as amended 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 their duly authorized officials and the corporate sell
attached thereto, on the day and year first above written.
Attest:
'�?
Pamela �JAIoff
Subscribed and sworn to before me
this day of,g:y�j, , 1996.
JOAN MARTH
Notary Public, State of Illinois
My Commission Expires 12/17/98
Subscribed and sworn to before me
this /av�day of �v / , 1996
N o ryulwc
Subscribed and sworn to before me
this i5y`'day of 1996
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June 20, 1996
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COSMOPOLITAN BANK AND TRUST, SUCCESSOR
TRUSTEE TO COSMOPOLITAN NATIONAL BANK OF
CH ICAGO
For signatures and exculpatory provisions,
see rider attached hereto which is
expressly incorporated herein and made a
part hereof
MIDWEST PROPERTIES LIMITED PARTNERSHIP BY:
MIDWEST CONSTRUCTION COMPANY, INC.,
general
pa7rtner
Its Secretary v
MIDWEST CONSTRUCTION CO., INC., general
partners for MIDWEST PROPERTIES LIMITED
PARTNERSHIP
It Secretary
PRIME MCHEN�PERTIES L.L.C, an 'Illinois
Iimite0-tla-6,ri ty-co Ua »�
naging member
COSMOPOLITAN BANK AND TRUST, as Trustee under Trust Number 28571 , is not a
party to the foregoing Agreement herein referred to. It is understood and agreed as
follows: COSMOPOLITAN BANK AND TRUST, as Trustee under the above entitled trust, holds
only legal title to the premises and does not have any right, duty or obligation under
the terms of said Trust Agreement to operate, manage or control said premises, but the
right to operate, manage and control said premises is in the beneficiary or
beneficiaries or said Trust, and COSMOPOLITAN BANK AND TRUST makes this statement not
individually but as Trustee, solely for the purpose of subjecting its interest, if any,
in the legal title to the premises which are the subject of this agreement therein
referred to the terms thereof, and it does not by this statement assume any duty to
operate, manage or control said premises, nor does it assume any responsibility or
liability with respect to the undertakings or representations in said agreement and or
to the operation, management or control thereof. Any claims against said trust,
individually or in its trust capacity, which may result therefrom, shall be payable
only out of the property which is the subject matter thereof. It is hereby understood
and agreed that COSMOPOLITAN BANK AND TRUST, neither individually nor as Trustee, by
the execution hereof, has ratified any of the terms of the aforesaid agreement nor the
signing thereof insofar as it purports to be signed by its V.P & Trust Officer
and Land Trust Administrator on behalf of COSMOPOLITAN BANK AND
TRUST.
COSMOPOLITAN BANK AND TRUST,
as Trustee as aforesaid and not personally.
ATTT,S i : f
BY:�, BY:
ti
Land Trust Administrator V.P. & Trust Officer
Subscribed and Sworn to before me
this 12th da of J ly 1996
otary Public
OFFICIAL SEAL
NOTARY LIBLIIPATRICC M CLARKS
MY COMMISSIONSTATE OF ILLINOIS
EXPIRES D-I9-9B