HomeMy WebLinkAboutOrdinances - ORD-03-1128 - 02/17/2003 - ANNEX AGREEMENT KRUMHOLZ PROPERTY (CONCORD HOMES)ORDINANCE NO.ORD-03-1128
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION
AGREEMENT WITH ALFRED L. KRUMHOLZ AND JUNE A. KRUMHOLZ ("TITLE
HOLDERS'.'), CONCORD HOMES, INC. ("CONTRACT PURCHASER") AND THE
CITY OF MCHENRY, AN ILLINOIS MUNICIPAL CORPORATION, FOR AN
APPROXIMATELY 89 ACRE PROPERTY LOCATED ADJACENT TO AND EAST OF
ILLINOIS ROUTE 31, NORTH OF GRACY ROAD AND SOUTH OF PRIME
PARKWAY, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, Alfred L. Krumholz and June A. Krumholz are the ("TITLE HOLDERS")
and Concord Homes, Inc. is the ("CONTRACT PURCHASER") of the real estate located
adjacent to and east of Illinois Route 31, North of Gracy Road, and south of Prime
Parkway, in McHenry County, Illinois; and
WHEREAS, notice of a public hearing was published in the Northwest Herald, a
newspaper of general circulation in the City of McHenry, within the time provided by law,
notifying the public of a hearing on said Annexation Agreement before the Corporate
Authorities of the City of McHenry; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the public
hearing as required by law and have found that entry into said Annexation Agreement is in
the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Annexation Agreement, bearing the date of January 10, 2003,
between the City of McHenry, an Illinois Municipal Corporation in the State of Illinois, Alfred
L. Krumholz and June A. Krumholz, TITLE HOLDERS and CONCORD HOMES, INC., an
Illinois Corporation, CONTRACT PURCHASER, be and the same is hereby approved. A
complete and accurate copy of said Annexation Agreement, labeled "Concord Annexation
Agreement ", is attached to this ordinance and incorporated herein by reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their
signatures as Mayor and City Clerk to said Annexation 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hereof are hereby repealed to the extent of such conflict.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 DAY OF , 2003
AYES: RO ER, I nw, MURGATROYD, WIMMEP AI THOEF
NAYS: G LAB
ABSTAINED: NONE
ABSENT: 410 41 E
NOT VOTING: NONE
APPROVED THIS DAY OF , 2003
ATTEST:
CIT C RK
MAYOR
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CONCORD ANNEXATION AGREEMENT
This Agreement made and entered into this 17`h day of February, 2003, by and between the
CITY OF McHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"),
CONCORD HOMES, INC. ("OWNER"), and CONCORD HOMES, INC. ("CONTRACT
PURCHASER")
RECITALS
A. The OWNER holds fee simple title to the real estate legally described on Exhibit A, attached
hereto and made a part of this Agreement by reference, hereinafter referred to as the
"SUBJECT PROPERTY" and was CONTRACT PURCHASER thereof.
B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBJECT
PROPERTY to the CITY, contingent upon the terms and provisions of this Agreement which
Petition has been filed in accordance with 65 ILCS 5/7-1-8, and the ordinances of the CITY.
C. The SUBJECT PROPERTY is currently improved with a single-family residence and farm
buildings on th east side of State Route 31, and is zoned A-1, Agricultural, pursuant to the
McHenry County Zoning Ordinance.
D. The SUBJECT PROPERTY has no electors residing thereon.
E. The SUBJECT PROPERTY consists of one contiguous tract of land which is not within the
corporate boundaries of any municipality or subject to an Annexation Agreement with any
other municipality, and is presently contiguous to and may be annexed to the CITY in
accordance with 65 ILCS 5/7-1-1, et seq.
F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in accordance with
the terms of this Agreement.
G. The CITY has determined that the annexation of the SUBJECT PROPERTY in accordance
with the terms of this Agreement is in the best interest of the CITY, will promote sound
planning and growth of the CITY, and otherwise enhance and promote the general welfare
of the CITY and its residents.
H. Notice to the Fire Protection District, Public Library District or Township of the annexation
of the SUBJECT PROPERTY is not required.
I. This Agreement is made pursuant to and in accordance with the provisions of 65
ILCS 5/11-15.1-1, et seq.
J. Prior to the date of this Agreement, all public hearings were held upon proper notice
and publications as are required for the CITY to effect the terms of this Agreement.
NOW THEREFORE, in consideration of their respective agreements set out herein,. the
CITY and OWNER HEREBY AGREE AS FOLLOWS:
Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall
enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance,
together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the
County Clerk of McHenry County and recorded with the Recorder of Deeds of
McHenry County. This Agreement in its entirety, together with the aforesaid Petition
for Annexation, shall be null, void and of no force and effect unless the SUBJECT
PROPERTY is zoned and classified as provided in this Agreement by the adoption
of ordinances by the CITY immediately following the execution of this Agreement.
2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the
CITY shall adopt an ordinance granting a zoning map amendment to RM-2, High -
Density Multi -Family Residential District, C-5, Highway Commercial District, and BP,
Business Park District, for the SUBJECT PROPERTY in substantial conformance
with the zoning district boundaries depicted on Exhibit B, entitled "Zoning Exhibit",
prepared by Smith Engineering Consultants, dated 9/19/02, attached hereto and
made a part of this Agreement by reference.
3. Variance. Immediately following the annexation and zoning of the SUBJECT
PROPERTY, the CITY shall adopt an ordinance granting a variance to allow multiple
buildings on a zoning lot for that portion of the property zoned RM-2, with the
condition that no more than twelve (12) units shall be constructed within a single
building.
4. Concept Plan Approval. The Concept Plan, prepared by JEN Land Design, dated
December 19, 2002, attached hereto as Exhibit C and made a part of this Agreement
by reference (hereinafter referred to as "Concept Plan"), is hereby approved. It is
understood that the representations on the Concept Plan regarding land uses,
maximum number of units, the public rights -of -way, open space layout, stormwater
management facilities and the configuration of lots is preliminary in nature and the
final road and lot layout will be determined at the time of final platting for the
SUBJECT PROPERTY. OWNER agrees, however, that representations regarding
the location of proposed zoning designations, the provision of a collector road, and
landscaping buffer along Route 31 shall be binding and any amendments to such
representations, except as otherwise provided herein, shall require an amendment to
this Agreement.
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5. Maximum Number of Residential Units. OWNER shall be entitled to construct 244
new residential dwelling units on that portion of the SUBJECT PROPERTY zoned
RM-2.
6. Limitation on Number of Units Allowed Per Year. Upon application by the OWNER
and review by the CITY, the CITY shall issue permits for the construction of no more
than sixty (60) residential units per calendar year. The first calendar year shall begin
on the date of final plat approval by the City Council for the RM-2 portion of the
SUBJECT PROPERTY.
If, during the course of a calendar year, the OWNER has received building permits
for less than 60 units and the issuance by the CITY of a building permit for one (1)
additional residential building would cause the total number of units to exceed 60,
CITY Staff shall, at its discretion, issue said building permit. However, no further
building permits for residential units shall be issued in the same calendar year.
7. Building Elevations.
a. RM-2 Zoning. OWNER agrees that multi -family units constructed on that portion
of the SUBJECT PROPERTY zoned RM-2 shall have an appearance in
substantial accordance with Exhibit D entitled "Building Elevations", prepared by
Bloodgood Sharp Buster, undated, attached hereto and made a part of this
Agreement by reference (hereinafter referred to as "Building Elevations").
b. BP Zoning. OWNER agrees that appearance of all buildings constructed on that
portion of the SUBJECT PROPERTY zoned BP shall comply with the CITY's
Zoning Ordinance requirement for BP uses.
c. C-5 Zoning. OWNER agrees that all buildings constructed on that portion of the
SUBJECT PROPERTY zoned C-5 shall have a finished appearance on all sides
of such buildings having frontage on a public street.
8. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY,
OWNER shall install and maintain landscaping, berming, fencing and other
imnrnvPmPnts in accordance with Exhibit E entitled "McHenry Site Preliminary
Landscape Plan", prepared by Pugsley & Lahaie Ltd., datedl2/20/02, attached
hereto and made a part of this Agreement by reference (hereinafter referred to as
"Landscape Plans"), in all areas of the SUBJECT PROPERTY that have been final
platted, unless weather prevents the installation of said landscaping, berming and
fencing, and in that event, temporary occupancy permits may be issued to the
OWNER. OWNER shall implement, install, enforce, and maintain the Landscape
Plans within the SUBJECT PROPERTY, and shall incorporate the Landscape Plans
into the covenants and restrictions placed on the SUBJECT PROPERTY prior to
CITY approval of the first final plat of subdivision within the SUBJECT PROPERTY.
9. Covenants and Maintenance. OWNER agrees to provide for implementation,
enforcement, and maintenance of all Landscape Plans, private paths, open space,
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gas pipeline easements, private recreational facilities, storm water and drainage
systems, including detention basins and retention ponds, wetlands, and
conservation areas, as provided on Exhibit C, Exhibit D and Exhibit E by creating
one or more "homeowners' association" or appropriate organizations. The
provisions of each homeowners' association corporate charter and bylaws and any
covenants used in its enforcement shall be submitted to the CITY with each final
plat of subdivision. It is acknowledged and agreed that the CITY shall have the
right, but not the obligation, to enforce all provisions of the homeowners' association
charters, bylaws, and covenants, as they relate to stormwater management, and
that all such documents shall so provide. It is further acknowledged and agreed that
all homeowners' associations bylaws and covenants will specifically provide that
these shall not be amended as they relate to such implementation, enforcement,
and maintenance, and the means for providing funds therefore, without the prior
approval of the CITY.
10. Back -Up Special Service Area. Prior to CITY approval of the first final plat of
subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish
a Special Service Area over that portion of the SUBJECT PROPERTY zoned RM-2
to finance special municipal services as a back-up measure to the private
"homeowners' association" and assessment to ensure the continued maintenance
of the private subdivision improvements, including open space, landscaping„ and
other amenities as provided in this Agreement.
11. Tree Survey and Preservation Plan. OWNER shall provide a tree survey and
preservation plan for review and approval by the CITY prior to CITY approval of the
first final plat of subdivision within the SUBJECT PROPERTY, in accordance with
the CITY's Tree Preservation ordinance.
12. Curb. Gutter and Sidewalks. OWNER shall install public sidewalks on at least one
side of the street, concrete curb and gutter, and an enclosed storm sewer system,
designed and constructed in accordance with the ordinances of the CITY, in the
areas of the SUBJECT PROPERTY zoned BP and C-5. Public sidewalks on both
ciriac of thg ctrgat, r_.iirh anri miittPr and an enclosed storm sewer system shall be
installed in all other areas of the SUBJECT PROPERTY, in compliance with the
ordinances of the CITY.
13. Sanitary Sewer and Water.
a. The SUBJECT PROPERTY shall be developed with municipal sanitary sewer
and water. OWNER will be allowed to extend the municipal water and sewer
lines to service the SUBJECT PROPERTY, and the CITY will service the
development with water and sanitary sewer treatment facilities. Water and
sanitary treatment plant and main capacity will be made available to the
development on the same basis as it is made available to other developments.
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b. The CITY acknowledges that there is currently sanitary sewer treatment plant
capacity available from the CITY to service the SUBJECT PROPERTY however,
the CITY does not agree to reserve any capacity for the SUBJECT PROPERTY.
No action of the CITY regarding application to the Illinois or U.S. Environmental
Protection Agency for permission to construct sanitary sewer lines on any part of
the SUBJECT PROPERTY shall be construed to constitute any representation,
warranty, or reservation by the CITY to OWNER that municipal sanitary sewer
treatment plant or sanitary sewer main capacity or municipal water will be
available to service the SUBJECT PROPERTY when OWNER applies to the
CITY for connection permits.
c. The CITY shall exercise its power of eminent domain, if necessary, to assist
OWNER in obtaining all necessary easements, not already in existence, to
enable the installation of the aforesaid sanitary sewer and water improvements.
OWNER shall pay all eminent domain costs and expenses incurred by the CITY,
including but not limited to attorney's fees, title charges, appraisals, surveying
cost, deposition cost, witness fees, litigation expenses and judgments in the
acquisition of any easement.
14. Interim Sanitary Sewer Connection. CITY agrees to allow connection of the
SUBJECT PROPERTY to the existing sanitary sewer line located on the east side of
Route 31 north of the property on an interim basis. OWNER acknowledges that the
City's Master Plan for Sewer and Water indicates that the SUBJECT PROPERTY
will be served by a future sanitary sewer line extending east to Barreville Road.
OWNER agrees that when said sanitary sewer line is installed and operational, the
CITY will require that the interim connection will be abandoned and the SUBJECT
PROPERTY be connected to the new line, at OWNER'S sole cost and expense.
15. Existing Recapture Agreement. OWNER acknowledges that the SUBJECT
PROPERTY is subject to an existing sanitary sewer and water reimbursement or
"recapture" agreement between the CITY and McHenry State Bank, as Trustee
under Trust Agreement No. 619, dated August 31, 1994 ("Pintozzi Agreement"). The
sanitary sewer and water connections being made to the SUBJECT PROPERTY will
not be made in any respect to the improvements made under the Pintozzi Agreement
relating to "Lot 4 in Highpoint Subdivision" and on that basis, the CITY will not be
requiring the OWNER to pay reimbursement pursuant to the Pintozzi Agreement.
OWNER hereby agrees to hold the CITY harmless from any liability the CITY may
have under the Pintozzi Agreement for failure to collect monetary reimbursement
from the OWNER, pursuant to the Pintozzi Agreement, in the event it is determined
by any court of law in the future or by agreement of the CITY and the Pintozzi
representatives that the Pintozzi Agreement should apply to the SUBJECT
PROPERTY. In such event, the OWNER shall either reimburse the CITY for any
and all liability to the beneficiaries to the Pintozzi Agreement, including reasonable
attorneys fees incurred by the CITY in defending its position, or pay the beneficiaries
under the Pintozzi Agreement directly.
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16. Reimbursement Provision. Upon development of any portion of the SUBJECT
PROPERTY, the CITY reserves the right to request OWNERS to construct
additional, expanded or oversized municipal public improvements onsite which
benefit not only the SUBJECT PROPERTY, but also other properties being or to be
developed in the relevant service areas for such improvements. In the event
OWNERS make such improvements, the following provisions shall apply and be
included in a subsequent reimbursement agreement:
a. The properties which may reasonably be expected to benefit directly or indirectly
from the construction and installation of such additional onsite expanded or
oversized improvements ("Benefited Property") will be determined by the CITY's
Consulting Engineer.
b. OWNERS shall be allowed reimbursement for expanded or oversized
improvements as follows:
1. 100% for improvements made offsite of the SUBJECT PROPERTY; and
2. Proportionately on a per acreage basis for improvements made onsite of the
SUBJECT PROPERTY.
c. The CITY shall endeavor to collect a pro rata sum of money from the owners of
the Benefited Property upon connection. The total sum subject to reimbursement
to the OWNER, as well as the pro rata sum to be collected from the Benefited
Property owners shall be determined by the CITY's Consulting Engineer taking
into account the following factors: construction and easement costs; professional
fees; testing and analysis fees; and legal and administrative expenses. In
addition, interest shall be collected from the commencement date of this
reimbursement provision, calculated annually at one percent (1 %) over the last
July 1, five-year treasury bill rate. The sum collected shall be paid to OWNERS
after deduction of two percent (2%) for administrative charges due CITY. In the
event that any State statute shall determine an interest rate other than set forth in
this paragraph 16.c., the State Requirement shall prevail.
d. Subject to a nonappealable final court order, directing CITY to act otherwise; the
CITY shall not issue any connection permits until the Benefited Property owner
pays the reimbursement charge set forth in this paragraph.
e. The CITY will use its best effort to collect the cost provided herein from the
Benefited Property owners but shall not be liable to OWNERS if the CITY is, for
any reason, unable to collect said cost. The CITY's liability to reimburse
OWNERS shall be limited to payment from funds actually collected from
Benefited Property OWNERS.
f. The CITY and OWNERS reserve the right to, at any time during the term of this
Annexation Agreement, file the Reimbursement Agreement with the McHenry
County Recorder of Deeds and notify the owners of the Benefited Property of the
terms of this reimbursement provision.
g. OWNERS 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 reimbursement provision.
h. This reimbursement provision shall have a commencement date when the CITY
Engineer issues a letter indicating substantial completion of the public
improvements which are the subject of the Reimbursement Agreement and shall
terminate upon the earlier of ten years thereafter or upon reimbursement by the
benefited property owners of the charges referred to in this reimbursement
provision.
17. Temporary Signage.
a. Advertising Signs. The CITY agrees to issue permits, following receipt of proper
applications and fees, for a maximum of three (3) temporary subdivision
advertising signs (one each for the residential, commercial and business park
portions of the development) on the SUBJECT PROPERTY, at locations
selected by the OWNER. The signs shall be two-sided or v-shaped, a maximum
of sixty-four (64) square feet in area per side, twelve (12) feet in height, and set
back a minimum of ten (10) feet from the property line. The signs shall be
removed when the SUBJECT PROPERTY has reached ninety (90) percent
occupancy of the total number of residential units proposed, based upon
issuance of Certificates of Occupancy.
b. On -Site Directional Signs. On -site directional signs identifying the sales office(s)
and model(s) shall be allowed subject to approval by the Community
Development Department of the CITY, upon payment of a one-time permit fee,
with said signs to be removed on or before termination of sales office(s).
c. Temporary Marketing Signs. Upon payment of required permit fees to the CITY,
temporary marketing signs shall be permitted to the OWNER for participation in
the Festival of Homes sponsored by the Chicago Tribune. These temporary
marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed
for five (5) consecutive weeks at a time, not more than four (4) times a year.
18. Model Homes: Construction Trailers.
a. Model Homes. Upon the annexation of the SUBJECT PROPERTY and in
advance of any final plat of subdivision or engineering approval, the OWNER
shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy
model units in one or more product lines being offered by the OWNER and to
construct and maintain other appurtenant facilities for said model units, including
temporary sanitary facilities and systems (when a permit is received from the
McHenry County Health Department) in advance of the construction of sanitary,
storm sewer, storm water detention facilities and water mains; provided,
however, no such construction shall prejudice the power and right of the CITY to
review, approve and disapprove final plats of subdivision and engineering plans
for any parcel containing said models. OWNER shall have the to right to use
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said models, as well as their garages, for sales, sales promotions and offices for
sales personnel, all as may be desirable or in any way connected with the sales
of dwellings on the SUBJECT PROPERTY. The CITY agrees to allow the
OWNER to construct temporary parking facilities paved to the sidewalk with curb
depressed or other appurtenances to the model units and sales offices subject to
the approval of the Community Development Department of the CITY and
compliance with all applicable codes of the CITY.
b. Construction Trailers. Construction storage trailers used to build dwelling units
shall be allowed at locations to be approved by the Community Development
Department of the CITY. Upon the occupancy of 90% of the units in each phase,
all construction storage trailers shall be removed from that phase of
development. At all times during development of the SUBJECT PROPERTY,
construction storage trailers shall be parked no closer than 300 feet from the
nearest occupied home.
19. Underground Utilities. OWNER shall install underground, at OWNER's cost, all new
electricity, gas, telephone lines and any other utility or cable devices, lines, or
conduits necessary to service the development of the SUBJECT PROPERTY.
20. Road Improvements and Contributions.
a. Collector Road. OWNER agrees to construct the east -west road as depicted on
the Concept Plan, with a landscaped center median, and public sidewalk on one
side and 8' wide asphalt bike path on the other. CITY and OWNER acknowledge
that the ultimate design of the road will have two through lanes in each direction
and left and right turn lanes at street intersections. CITY agrees to allow
OWNER to install one lane in each direction, required turn lanes, sidewalk, bike
path and the landscaped center median, with the understanding that additional
lanes will be constructed as part of future development in the areas. Said
construction by the OWNER shall ensure that the future road expansion can
occur without undue disruption of the existing improvements.
b. Reservation of Land for Future Roadway Connections. OWNER agrees to
reserve right-of-way necessary for the future road connections as depicted on the
Concept Plan:
1) North to the Tonyan Industrial Park; and
2) South to the property owned by William and Sylvia Lid, 2002 S. Route 31,
PIN 14-10-452-001, as depicted on Exhibit F attached hereto.
c. Traffic Signal. At the request by the CITY, the OWNERS shall be responsible for
and pay the cost of the construction and installation of a traffic control signal at
the intersection of State Route 31 and the proposed Collector Road on the
SUBJECT PROPERTY, as depicted on the Concept Plan. These funds shall be
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secured by a letter of credit prior to the CITY's approval of OWNERS' final plat of
the last phase of the SUBJECT PROPERTY, or sooner in the event the traffic
warrants have been met. In the event the traffic signal is warranted prior to
OWNERS' final plat of approval, no permits or plats shall be issued or approved
until the required letters of credit are posted. Subsequent to the OWNER'S
construction of the traffic signal, the CITY shall, upon OWNER'S request,
commission a traffic study at OWNER's expense to determine whether or not
other parcels have benefited from the construction and installation of a traffic
control signal. If the traffic study determines that other parcels have benefited
from the construction and installation of said traffic control signal, then in that
event, the CITY will allow reimbursement to OWNER consistent with Paragraph
16 of this Agreement set forth hereinabove.
21. Limitations on C-5 Zoned Property. All portions of the SUBJECT PROPERTY zoned
C-5 Highway Commercial District shall maintain a minimum parking setback of
twenty-five (25) feet and a minimum building setback of fifty (50) feet, both measured
from the Illinois Route 31 property line. In addition, the uses allowed on those
portions of the SUBJECT PROPERTY zoned C-5 Highway Commercial District shall
be limited to those listed in Exhibit G attached hereto.
22. Donations, Contributions. and Fees. OWNER acknowledges that the development of
the SUBJECT PROPERTY will impact on schools, parks, the library and fire
protection districts and other public services within the CITY. To reduce the effects
of this impact, and as a condition of this Agreement, OWNER shall be obligated to
pay and/or donate, or cause to be donated to the CITY, or provide improvements for
the benefit of the CITY as follows:
a. Annexation Fees.
i. OWNER shall pay to the CITY the lump sum of $45,825 (representing
$1,000 per acre zoned residential, and $500 per acre zoned commercial)
within ninety (90) days following City Council approval of the annexation of
the SUBJECT PROPERTY to the CITY.
ii. OWNER shall pay to the CITY the sum of $560 per residential unit,
including single-family and multi -family units, constructed on the SUBJECT
PROPERTY upon issuance of each building permit.
iii. OWNER shall pay to the CITY the sum of $1,886 per residential unit $1,056
to School District No. 15, $769 to School District No. 156 and $61 to the
Library District) constructed on the SUBJECT PROPERTY upon issuance
of each Certificate of Occupancy.
b. Cash Donations.
OWNER shall pay to the CITY certain Cash Donations per residential unit
constructed on the SUBJECT PROPERTY upon issuance of each building
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permit. The Cash Donations payable by the OWNER to the CITY shall be
calculated as follows:
School
Districts I
Parks
Ubrary Dist
Fire Dist
Total per Unit
Dwelling Unit
Total
156 15
1 Bedroom
$0
$0
$0
$1,895
$265
$265
$2,425
2 Bedrooms
$1,784
$624
$1,160
$3,161
$265
$265
$5,475
3 Bedrooms
$2,020
$707
$1,313
$3,799
$265
$265
$6,349
4 Bedrooms
$4,862
$1,702
$3,160
$4,996
$265
$265
$10,388
The Cash Donations referred to in this chart shall collectively be referenced to as
"Minimum Cash Contribution Amounts".
In the event the Minimum Cash Contribution Amounts, as calculated above,
are less than the cash donation amounts set forth in the CITY's ordinances,
as amended from time to time, an amount equal to the amounts specified in
the CITY's ordinances, after adjustments as calculated above for land
donations, shall be paid, rather than the Minimum Cash Contribution Amount
provided in this Agreement.
iii. In the event the CITY's cash contribution ordinance, or any other ordinance of
the CITY relating to cash contributions for schools, parks, library and fire
protection districts, is repealed or declared by a court of law to be found
unenforceable and all appeals have been exhausted, OWNER agrees to pay,
subsequent to such final court action, the Minimum Cash Contribution
Amounts set forth in this Agreement. In the event such final court order
requires the CITY or School Districts to return or refund monies paid by the
OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to
allow the CITY or School Districts to retain the Minimum Cash Contribution
Amounts previously paid by the OWNER. It is the express intent of the
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obligation to refund the Minimum Cash Contribution Amount paid pursuant to
this paragraph under any circumstances.
c. Release. OWNER hereby releases the CITY, School Districts 15 and 156,
Library District, and Fire Protection District from any and all liability or damage to
OWNER and waives the right to challenge, by lawsuit or otherwise, the validity,
legality or enforceability of the donations and fees set forth in this Agreement, or
the purpose for which the money is spent. OWNER agrees not to pay any fees
under protest.
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d. Donations Distinguished from Fees. Other than the donations specified in the
foregoing paragraphs, during the term of this Agreement, and irrespective of any
existing, new or revised donation ordinances of the CITY, OWNER shall not be
required to donate any land or money to the CITY, or by action of the CITY, to
any other governmental body. Building permit fees, water and sewer connection
and capital development fees, and other similar fees which are charged for
specific services provided by the CITY, shall be payable in accordance with the
CITY ordinances in existence and as amended from time to time, except as
specifically provided in this Agreement.
Distribution. That portion of these fees to be distributed to the schools, as
determined exclusively by the CITY, may be distributed for the benefit of
some or all schools within School Districts 15 and 156, at the discretion of the
City Council. To the extent any of these funds are distributed to said School
Districts, they may be used for operating expenses at those schools within
School Districts 15 and 156, as directed by the City Council, at the time of
distribution. In the event a distribution agreement in a form approved by the
CITY is not executed by the School Districts prior to distribution of said funds
to the School Districts, the CITY may retain the entire amount paid pursuant
to this paragraph for CITY use. Nothing herein is intended to create third
party beneficiary rights in School Districts 15 and 156 or the Library District.
2. Annual Aduustment. At the end of each one-year period, with the first
adjustment occurring May 1, 2003, the fees referenced in the preceding
paragraphs a) ii, a) iii, and b) i, shall be adjusted upward by the percent that
the Chicago Area Consumer Price Index has moved upwards since
December 31, 2001, and every December 31 st thereafter. For the purpose of
this paragraph, the price index to be used for comparative purposes shall be
that index for the annual average Chicago area CPI-U, as published by the
United States Department of Labor, Bureau of Labor Statistics.
23. Agricultural Uses. The CITY agrees that those portions of the SUBJECT
PROPERTY that have not been final platted may be used for agricultural purposes,
including crop farming over the entire parcel, and that such use may be continued as
a legal nonconforming use in accordance with the ordinances of the CITY.
24. Binding Effect and Term. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, successor owners of record and their heirs, assigns,
and lessees, and upon successor municipal authorities of the CITY and successor
municipalities for a period of twenty (20) years from the date of execution hereof', and
any extended time agreed to by amendment to this Agreement.
25. Amendment. This Agreement may only be amended by written instrument executed
by all parties hereto. Provided, however, in the event title to the SUBJECT
PROPERTY, in whole or part, is transferred to successors in interest, future
11
amendments relating to the SUBJECT PROPERTY may be made by and between
the CITY and the title holders to the parcel specifically requesting the amendment
without consent required by other record owners of the SUBJECT PROPERTY.
26. Notice and Default. Before any failure of any party to this Agreement to perform its
obligations under this Agreement shall be deemed to be a breach of this Agreement,
the party alleging the breach shall provide notice to the party alleged to be in default
specifying the nature of said default, and thirty (30) days elapses from the receipt of
said default notice without the default being cured. Notice shall be in writing and
delivered via certified mail, addressed as follows:
CITY
City Administrator Douglas K. Maxeiner
333 S. Green Street
McHenry, IL 60050
Alfred F. Krumholz, Jr.
1000 Barton Court
Glenview, IL 60025-4426
Concord Homes Inc.
1540 East Dundee Road, #350
Palatine, IL 60074
27. Stop Orders. The CITY will issue no stop orders directing work stoppage on
buildings or parts of the development without setting forth the section of CITY
ordinances or of this Agreement allegedly violated by OWNER, and OWNER may
forthwith proceed to correct such violations as may exist; provided, however, that the
CITY shall give notice in advance to the OWNER of its intention to issue stop orders
at least twenty-four (24) hours in advance of the actual issuance of such stop orders,
except in the event a health, life or safety emergency is deemed to exist by the
CITY.
28. Ordinance Changes. Except as otherwise specified herein, all ordinances of the
CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY,
OWNER and all successors and assigns in title. If during the term of this
Agreement, the provisions of the existing ordinances and regulations which may
relate to the development, subdivision, construction of improvements, buildings,
appurtenances and all other development of the SUBJECT PROPERTY, are
amended or modified in any manner so as to impose more restrictive requirements,
such more restrictive requirements shall be enforceable as applied to the SUBJECT
PROPERTY, so long as such amendments or modifications are non-discriminatory in
their application and effect throughout the CITY or other applicable jurisdictions.
`M
29. Obligations. All obligations of the OWNER in this Agreement, including monetary
obligations in existence now and in the future, as a result of this Agreement, shall
constitute covenants running with the land and such monetary obligations shall also
be liens upon the land. OWNER hereby consents to the filing of a lien on the
SUBJECT PROPERTY or parts thereof for which obligations are owed when any
obligations are more than ninety (90) days overdue.
30. Enforceability. It is agreed that the parties to this Agreement may enforce and
compel performance, whether by law or in equity, by suit, mandamus, injunction,
declaratory judgment, or other court procedure, only in courts of the State of Illinois;
no such action may be brought in any Federal court. In the event that either party to
the Agreement files suit to compel performance by the other, the prevailing party
shall be entitled to recover, as part of the costs otherwise allowed, its reasonable
attorney's fees incurred therein.
31. Waiver. The failure of the CITY to insist, in any one or more instances, upon
performance of any terms or conditions of this Agreement, shall not be construed as
a waiver of future strict performance of any such term, covenant or condition and
the obligations of the OWNER shall continue in full force and effect.
32. Severability. If any provision of this Agreement, other than the provisions relating to
the requested zoning changes and Preliminary Plat described herein and the
ordinances adopted in connection therewith, is held invalid by any court of
competent jurisdiction, such provision shall be deemed to be excised hear from and
the invalidity thereof shall not affect any of the other provisions contained herein.
13
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated
above.
CITY OF McHENRY
Mayor Pa a J. Althoff
Attest: Id..
C ty Ierk Jan' e . Jones
OWNER AND FORMER CONTRACT PURCHASER
CONCO JHOfES, INC.
By: .�
Its: %CLO `5i
14
C-5-•
Highway
Commercial
District
BP -Business
Park
Exhibit
Legal Description of the SUBJECT PROPERTY
Parcel 1
That part of the Southeast Quarter of Section 10, Township 44 North, Range 8, East of
the Third Principal Meridian commencing at East Quarter Corner of said Section 10; .
thence South 89 degrees 20 minutes 17 seconds West along the North line of the
Northeast Quarter of said Southeast Quarter, a distance of 849.97 feet to the point of
beginning; thence South 00 degrees 31 minutes 38 seconds East, a distance of 385.22
feet; thence South 19 degrees 14 minutes 10 seconds East, a distance of 100.30 feet;
thence South 00 degrees 31 minutes 38 seconds East, a distance of 403.01 feet; thence
South 26 degrees 29 minutes 53 seconds West, a distance of 423.96 feet; thence South I 1
degrees 02 minutes 43 seconds West, a distance of 80.00 feet; thence North 78.degrees 57
minutes 17 seconds West, a distance of 55.79 feet to a point of curvature; thence westerly
226.55 feet along a curve to the right having a radius of 840.00 feet, the chord of said
curve bears North 71 degrees 13 minutes 42 seconds West 225.86 feet to a point of
tangency; thence North 63 degrees 30 minutes 07 seconds West, a distance of 181.90 feet;
thence South 26 degrees 29 minutes 53 seconds West, a distance of 168.64 feet to the
South line of the Northwest Quarter of the said Southeast Quarter; thence South 89
degrees 30 minutes 45 seconds West along said South line, a distance of 403.99 feet to a
line lying 20 feet easterly of and parallel with the easterly Right -of -Way of Illinois State
Route 31; thence North 26 degrees 29 minutes 53 seconds East along said parallel line, a
distance of 1481.53 feet to the North line of the Northeast Quarter of the said Southeast
Quarter; thence North 89 degrees 20 minutes 17 seconds East along said North line, a
distance of 413.81 feet to the point of beginning; containing 21.65 acres more or less.
Parcel 2
That part of the Southeast Quarter of Section 10, Township 44 North, Range 8, East of
the Third Principal Meridian beginning at the East Quarter Corner of said Section 10;
thence South 00 degrees 31 minutes 39 seconds East along the East line of the Northeast
Quarter of the said Southeast Quarter, a distance of 1324.Q7 feet to the Northeast corner
of the Southeast Quarter of the said Southeast Quarter; thence South 00 degrees 32
minutes 32 seconds East along the East line of the Southeast Quarter of the said Southeast
Quarter, a distance of 432.17 feet; thence North 89 degrees 57 minutes 56 seconds West,
a distance of 50.30 feet to a point of curvature; thence westerly 568.31 feet along a curve
to the right having a radius of 840.00 feet, the chord of said curve bears North 70 .degrees
35 minutes 01 seconds West 557.53 feet to a point of tangency; thence North 51 degrees
12 minutes 06 seconds West, a distance of 101.69 feet to a point of curvature; thence
northwesterly 343.91 feet along a curve to the left having a radius of 710.00 feet, the
chord of said curve bears North 65 degrees 04 minutes 42 seconds West 340.56 feet to a
point of tangency; thence North 78 degrees 57 minutes 17 seconds West, a distance of
67.40 feet; thence North 11 degrees.02 minutes 43 seconds East, a distance of 80.00 feet;
thence North 26 degrees 29 minutes 53 seconds East, a distance of 423.96 feet; thence
North 00 degrees 31 minutes 38 seconds West, a distance of 403.01 feet; thehce North 19
degrees 14 minutes 10 seconds West, a -distance of 100.30 feet; thence North 00 degrees
31 minutes 38 seconds West, a distance of 385.22 feet to the North line of the Northeast
Quarter of said Southeast Quarter; thence North 89 degrees 20 minutes 17 seconds East
along said North line, a distance of 849.97 feet to the point of beginning, containing
32.27 acres more or less.
3
Exhibit A
Legal Description of the SUBJECT PROPERTY
Parcel 3
RM-2-High-
That part of the Southeast Quarter of Section 10, Township 44 North, Range 8, East of
Density Muiti-
the Third Principal Meridian commencing at the East Quarter Corner of said Section 10;
Family .
Residential
thence South 00 degrees 31 minutes 39 seconds East along the East line of the Northeast
District
Quarter of the said Southeast Quarter, a distance of 1324.07 feet to the Northeast corner
of the Southeast Quarter of the said Southeast Quarter; thence South 00 degrees 32
'
minutes 32 seconds East along the East'line of the Southeast Quarter of the said Southeast
Quarter, a distance of 432.17 feet to the point of beginning; thence continuing South 00
degrees 32 minutes 32 seconds East along the said East line, a distance of 889.74 feet to
the Southeast -comer of said Southeast Quarter; thence South 89 degrees 37 minutes 52
seconds West along the South line of the Southeast Quarter of the said Southeast Quarter,
a distance of 1333.88 feet to the Southwest corner of the said Southeast Quarter; thence
North 00 degrees 21 minutes 03 seconds West along the West line of the Southeast
Quarter of the said Southeast Quarter, a distance of 1319.16 feet to the Northwest corner
of the Southeast Quarter of the said Southeast Quarter; thence South 89 degrees 30
minutes 45 seconds West along the South line of the Northwest Quarter of the said
Southeast Quarter, a distance of 203.51 feet; thence North 26 degrees 29 minutes 53
seconds East, a distance of 168.64 feet; thence -South 63 degrees 30 minutes 07 seconds
East, a distance of 181.90 feet to a point of curvature; thence easterly 226.55 feet along a
curve to the left having a radius of 840.00 feet, the chord of said curve bears South 71
degrees 13 minutes 42 seconds East 225.86 feet to a point of tangency; thence South 78
degrees 57 minutes 17 seconds East, a distance of 123.19 feet to a point of curvature;
thence southeasterly 343.91 feet along a curve to the right having a radius of 710.00 feet,
the chord of said curve bears South 65 degrees 04 minutes 42 seconds East 340.56 feet to
a point of tangency; thence South 51 degrees 12 minutes 06 seconds East, a distance of
101.69 feet to a point of curvature; thence easterly 568.31 feet along a curve to the left
having a radius of 840.00 feet, the chord of said curve bears South 70 degrees 35 minutes
01 seconds East 557.53 feet to a point of tangency; thence South 89 degrees 57 minutes .
56 seconds East, a distance of 50.30 feet to the the point of beginning, containing 35.01
acres more or less.
4
Exhibit C
Concept Plan
On File with the City Clerk
INC.
ZONING EXHIBIT
Exhibit B
Zoning Plat
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Exhibit E
Landscape Plan
On File with the City Clerk
Exhibit F
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Exhibit G
Permitted and Conditional Uses
Permitted Uses
The following uses shall be considered permitted uses and are subject to all applicable City Codes and
Ordinances:
1) Animal hospitals
2) Antique shops
3) Art shops or galleries, but not including auction rooms
4) Automated teller machines
5) Automobile laundries
6) Automobile part and accessory stores
7) Beauty shops, barber shops, and hair styling salons
8) Bicycle sales, rental, and repair shops
9) Blueprinting and Photostatting establishments
10) Bookstores or book and stationery stores
11) Business machine sales, rental and services
12) Camera and photographic supply stores
13) Camping equipment sales
14) Candy, ice cream, popcorn, nut and yogurt stores
15) Card and gift stores
16) Carpet and rug stores (retail sales)
17) Catering establishments
18) Child day care centers, as defined herein
19) China and glassware stores
20) Clothing and shoe stores
21) Clothing repair, hat repair, and shoe repair stores and tailor shops
22) Coin and philatelic stores
23) Computer sales and rental
24) Custom dressmaking establishments
25) Department stores, junior department stores, and discount department stores
26) Domestic appliance repair shops
27) Domestic appliance stores, including radio, television, stereo, video, lighting, clock, and music
stores
28) Drug stores
29) Dry cleaners (processinq to be done off -site)
30) Electrical showrooms and shops
31) Employment agencies
32) Equipment rental
33) Exterminating services
34) Financial institutions, including banks, savings and loan associations, and commercial loan
offices
35) Florist shops
36) Food and grocery stores under 5,000 square feet, convenience marts, meat markets, fish
markets, dairy stores, health food stores, and bakeries with no food preparation on Lang Parcel
37) Furniture stores, including upholstery when conducted as part of the retail operations and
secondary thereto
38) Furrier shop, including the incidental storage and conditioning of furs
39) Hardware stores
40) Health clubs as defined herein
41) Hobby and craft shops
42) Hotels and motels
43) Insurance offices
44) Interior decorating shops, including upholstery and the making of draperies, slip covers„ and
other similar articles when conducted as part of the retail operations and secondary thereto
45) Jewelry and watch sales and repair stores
46) Laboratories, medical, dental, research and testing
47) Leather goods and luggage stores
48) Locksmith shops
49) Medical, dental, and optometry offices
50) Meeting and banquet halls
51) Millinery shops
52) Motor vehicle sales (no open sales lot) or rental, including cars, trucks, boats, trailers,
recreational vehicles, mobile homes, motorcycles, motor scooters, and mopeds
53) Musical instrument sales and repair
54) Newspaper, magazine and tobacco shops
55) Office, stationery, school, art, and graphics supply stores
56) Offices, business and professional
57) Offices, governmental, political and institutional
58) Optician sales, retail
59) Orthopedic and medical appliance stores (retail sales only)
60) Paint, tile, and wallpaper stores
61) Parks, playgrounds, golf courses, forest preserves, wildlife sanctuaries, and other publicly
owned open spaces
62) Permitted public uses, as defined herein
63) Pet shops
64) Phonograph record, tape and sheet music stores
65) Photo processing stores (except kiosks)
66) Photography studios, including the development of film when conducted as part of the retail
business
67) Picture framing shops
68) Plazas and public spaces
69) Plumbing and heating sales
70) Post offices
71) Print shops with six or fewer employees
72) Radio and television stations and studios
73) Real estate offices
74) Recording studios
75) Restaurants, eat -in or carry -out; delicatessens, retail bakeries, donut shops, and convenience
rnaris with limited food preparation , but not including live entertainment, dancing,
serving or alcoholic beverages, or drive-in restaurants as defined herein
76) Schools, commercial, for music, dance, business or trade
77) Sewing machine sales and service
78) Sporting goods stores
79) Streets and alleys
80) Supermarkets
81) Swimming pool sales (no open sales lot)
82) Tanning salons
83) Tax preparation offices
84) Temporary buildings or trailers for construction purposes for a period not to exceed the duration
of construction
85) Theaters, indoor
86) Ticket offices, theater and amusement
87) Ticket offices, transportation
88) Tourist information and hospitality centers
89) Toy stores
90) Travel agencies
91) Union halls
92) Variety stores
93) Veterinary offices
94) Video cassette sales or rental
95) Water softener service
Conditional Uses
The following uses shall be considered Conditional Uses and are subject to all applicable City Codes and
Ordinances:
1) Automobile service stations
2) Conditional public uses, as defined herein
3) Conventional halls
4) Drive-in establishments, as defined herein
5) Dry cleaning plant and laundry with processing to be performed on site
6) Educational institutions as defined herein
7) Exhibit halls
8) Hospitals, clinics, nursing homes, group homes, and mental health centers
9) Motor vehicle body shops
10) Motor vehicle, trailer and mobile home repair shops
11) Open sales lots as defined herein as a Principal or Accessory Use
12) Outdoor amusement establishments, including archery ranges, miniature golf, and similar
facilities
13) Outdoor storage associated with a Permitted or Conditional Use
14) Philanthropic and charitable institutions, as defined herein
15) Planned Unit Developments
16) Recreational institutions, as defined herein
17) Religious institutions as defined herein
18) Restaurants serving alcoholic beverages but without live entertainment or dancing
19) Restaurants with live entertainment or dancing