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HomeMy WebLinkAboutOrdinances - ORD-03-1138 - 04/21/2003 - AUTHORIZE REDEVELOPMENT AGREEMENT LANCO DEVELOPMENORDINANCE NO. ORD-03-1138 AN ORDINANCE AUTHORIZING THE EXECUTION OF A REDEVELOPMENT AGREEMENT WITH LANCO DEVELOPMENT, AN ILLINOIS CORPORATION ("DEVELOPER") AND THE CITY OF MCHENRY, AN ILLINOIS MUNICIPAL CORPORATION, FOR AN APPROXIMATELY 1.6% ACRE PROPERTY LOCATED AT 3316-3412 WAUKEGAN ROAD, IN THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS WHEREAS, Lanco Development, an Illinois Corporation is the (the "DEVLOPER") of the real estate located at 3316-3412 Waukegan Road, in the City of McHenry, McHenry County, Illinois; and WHERAS, pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIF ACT'), the Mayor and City Council (collectively, the "CORPORATE AUTHORITIES") are empowered to undertake the redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a "conversation area" as defined in Section 11.74.4-3(b) of the TIF ACT; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF ACT, the CORPORATE AUTHORITIES designated the Redevelopment Project Area as "redevelopment project area" (as that term is defined under the TIF ACT) and adopted tax increment allocation financing for the purposed of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, the DEVELOPER proposed to acquire and develop a residential housing subdivision consisting of twenty (20) luxury townhomes each having a boat slip, to be marketed as the Riverwalk Place Townhomes (the "SUBDIVISION") on certain property within the Redevelopment Project Area; and, WHEREAS, the development of the SUBDIVISION is consistent with the Redevelopment Plan and is located within the Redevelopment Project Area; and, WHEREAS, the Corporate Authorities of the City of McHenry have found that entry into said Redevelopment 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 Redevelopment Agreement, bearing the date of March 31, 2003, between the City of McHenry, an Illinois Municipal Corporation in the State of Illinois, Lanco Development Company, DEVELOPER, be and the same is hereby approved. A complete and accurate copy of said Redevelopment Agreement, labeled �- "REDEVELOPMENT 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 REDEVELOPMENT 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 21S-T DAY OF APRI L , 2003 AYES: BOLGER, GLAB, LOW, MURGATROYD, WIMMER NAYS: ABSTAINED: NONE NONE NONE ABSENT: NOT VOTING: NONE APPROVED THIS 21ST DAY OF APRI L , 2003 ATTEST: lax-lotk,-, Q. CI7K 0 2 5/1/2003/JTL REDEVELOPMENT AGREEMENT THIS AGREEMENT (the "Agreement') is entered into this day of 2003, between the City of McHenry, an Illinois municipal corporation (the "City" and Lanco Development Company, an Illinois corporation (collectively the "Developer'). PREAMBLES . WHEREAS, in the Redevelopment Project Area (as defined below), and otherwise, the City has identified a severe need for the location and development of adequate and available multi -family housing within its downtown in order to provide a mix of community activities including business, entertainment, recreation and civic gatherings to residents thereby retaining current residents and attracting new residents to the City; and, WHEREAS, pursuant to the Tax Increment Allocation Redevelopment Act of the State of Illinois, 65 ILCS 5/11-74.4-1, et seq., as from time to time amended (the "TIFAct "), the Mayor and City Council (collectively, the "Corporate Authorities ") are empowered to undertake the redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a "conservation area" as defined in Section 11.74.4-3(b) of the TIF Act; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF Act, the Corporate Authorities approved a redevelopment plan and project for the Downtown McHenry Tax Increment Redevelopment Project Area (the "Redevelopment Project Area ") as set forth in the document entitled Downtown McHenry Tax Increment Redevelopment Project and Plan" (the "Redevelopment Plan "), dated January 25, 2002, which sets forth a plan for the redevelopment and revitalization of the Redevelopment Project Area; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the TIF Act, the Corporate Authorities designated the Redevelopment Project Area as "redevelopment project area" (as that term is defined under the TIF Act) and adopted tax increment allocation financing for the purpose of implementing the Redevelopment Plan for the Redevelopment Project Area; and, WHEREAS, the Corporate Authorities have determined that the presence of certain blighting factors described in the TIF Plan are detrimental to the public and impair development and growth in the Redevelopment Project Area, with the result that it is necessary to incur extraordinary costs in order to develop the Redevelopment Project Area. The presence of blighting factors in the Redevelopment Project Area will continue to impair growth and development but for the use of tax increment allocation financing to undertake certain obligations as hereinafter provided to pay Redevelopment Project Costs (as defined in Section 5) of this Agreement) which necessarily must be incurred to implement the aforesaid program of redevelopment; and, 25/1/2003/JTL WHEREAS, the Developer proposed to acquire and develop a residential housing subdivision consisting of twenty (20) luxury town homes each having a boat slip, to be marketed as the R.iverwalk Place Town homes (the "Subdivision') on certain property within the Redevelopment Project Area and legally described on Exhibit A attached to and made a part of this Agreement (the "Subject Property'); and, WHEREAS, the Developer's proposal calls for the Developer to do the following in connection with the development of the Subdivision: (i) assemble the Subject Property; (ii) undertake and pay for the costs of all studies, surveys, plans and specifications, professional fees and permits; (iii) undertake partial improvement of Waukegan Road with a paving base, binder and service course; (iv) provide some street lighting along Waukegan Road; (v) provide all landscaping for the Subdivision; (vi) construct any public works or improvements necessary for the provision of utilities and City services to the Subdivision; and, (vii) construct, market and sell twenty (20) town homes within the Subdivision or cause twenty (20) town homes to be constructed, each having the right to a boat slip, on or before December 31, 2005; and, WHEREAS, the development of the Subdivision is consistent with the Redevelopment Plan and is located within the Redevelopment Project Area; and, WHEREAS, due to the adoption of the TIF Act the City is authorized under the TIF Act to incur Redevelopment Project Costs and to make and enter into all contracts necessary or incidental to the implementation of its redevelopment plan and project; and, WHEREAS, in order to induce the Developer to assemble the Subject Property and undertake the development and marketing of the Subdivision, the Corporate Authorities have determined that it is in the best interest of the City and the health, safety, morals and welfare of the residents of the City for the City to (i) reimburse the Developer for certain eligible Redevelopment Project Costs incurred by the Developer in connection with the redevelopment of Waukegan Road per the specifications provided by the City Engineer; (ii) provide Developer ten (10) piers or twenty (20) boat slips each valued at $5,000.00 only if and when a building permit is issued; (iii) reimburse the Developer for the cost of construction of ten (10) piers or twenty (20) boat slips ($1,000.00 per slip) each due only if and when a building permit is issued; and, (iv) waive building permits and defer certain other fees until the sale of a town home is completed; and, WHEREAS, the Corporate Authorities have determined that the provision by the City to the Developer of the benefits described in the immediately preceding recital and the development by the Developer of the Subdivision pursuant to this Agreement are in the best interests of the City and the health, safety, morals and welfare of its residents and taxpayers and will be in furtherance of the Redevelopment Plan and thereby help provide for economic development and housing opportunities for the inhabitants of the City, enhance the tax base of the City and other taxing districts and add to the welfare and prosperity of the City and its inhabitants. 2 35/12003/JTL NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, agree as follows: Section 1. Incorporation of Recitals. The Parties agree that all of the recitals contained in the Preambles to this Agreement are true and correct and are hereby incorporated into this Agreement as though they were fully set forth in this Section 1. Section 2. Acquisition: of SubjectProperry; Development Platt; Conveyance to Cityfor Riverwalk (a) The Developer represents and warrants that it shall assemble the real estate constituting the Subject Property by acquiring title to the Subject Property on or before June 30, 2003. (b) Within sixty (60) days of the date of this Agreement, the Developer shall submit to the City for its review and consideration a Preliminary Plat of Subdivision (the "Preliminary Plat'). The City shall review the Preliminary Plat as provided in the Subdivision Code of the City (the "Subdivision Code'). On or before August 1, 2003, the Developer shall submit a Final Plat of Subdivision (the "Final Plat "). The Preliminary Plat, the Final Plat and all required submissions shall comply with all applicable federal, state, county, municipal or administrative laws ordinances, rules, regulations, codes and orders (collectively, the "Legal Requirements ") relating in any way to the Subdivision, other than the following: (i) Variance to allow five (5) buildings on a single zoning lot; (ii) Variance of front yard setback from 30 feet to 6 feet; (iii) Variance of side yard setback from 15 feet to 5 feet, (iv) Variance of rear yard setback from 25 feet to 0 feet, (v) Variance of Municipal Code requirement for 75% brick exterior, (vi) Variance permitting the Developer to install two (2) temporary advertisement signs on subject property. (c) Development of the Subject Property shall conform to the Final Plat. (d) Within sixty (60) days of the date of this Agreement, the City shall deliver to the Developer plans and specifications for the completion of the partial improvements to Waukegan Road with a paving base, binder, surface course and street lighting and the relocation of certain portions of said road. The Developer shall commence construction of the Road Project on or before September 1, 2003 (the "Road Project"). (e) On or before September 1, 2003, the Developer shall convey to the City free and clear of all liens and encumbrances, a parcel of real estate to be used as a part of a riverwalk project, as depicted and legally described on the Final Plat as "dedicated Pedestrian Walkway." 3 45/1/2003/]TL (f) The City warrants and represents that it owns in fee simple the title to twenty (20) boat slips or ten (10) piers on the Fox River to be located in the Boone Lagoon adjacent to the Subject Property. In addition, the City agrees to transfer and convey all right, title and interest in said twenty boat slips or ten piers at no cost to the Developer. A Transfer and conveyance to Developer by the City of each boat slip or pier shall occur upon the issuance of a building permit for a townhome unit in the Subdivision. Section: 3. Construction: of Improvements. (a) . Promptly following approval of all construction plans and specifications required for approval pursuant to the Legal Requirements, the Developer shall commence the development of the Subdivision in accordance with the Legal Requirements. The development of the Subdivision shall be done solely at the Developer' s expense subject to reimbursement for such expenses pursuant to this Agreement and all improvements shall be constructed in a good and workmanlike manner in accordance with the standards set forth in the Subdivision Code. (b) Construction of the development per the approved Final Plat shall commence on or before September 1, 2003, and the Developer covenants and agrees that completion of construction in accordance with the Final Plat shall have occurred on or before December 31, 2005. (c) Promptly following the approval of all plans and specifications for the Road Project, the Developer shall commence construction and complete same in accordance with the approved plans and specifications on or before the date on which a certificate of occupancy is issued for the first townhome. (d) The Developer shall construct a boat slip for each townhome for a total of twenty (20) boat slips or ten (10) piers, such construction to be in accordance with approved plans and specifications provided by the City no later than December 31, 2003, said construction to be completed on or before December 31, 2005. Section 4. Waiver and Deferral of Fees Due to City; Reimbursement for Redevelopment Project Costs. (a) The City hereby agrees to waive any and all building permit fees required pursuant to the Legal Requirements and defer payment of the following fees until issuance of the occupancy permit for each townhome comprising a part of the Subdivision: (i) water and sewer capital development fees; 4 5 5/ 1 /2003/J►'L (ii) waive twenty-five percent (25%) of the Line of Credit requirement per City Code; and, (iii) required donations to the affected park department; school districts; library district and fire protection districts. (b) The City further agrees to reimburse the Developer for the cost of each boat slip in the amount of $1,000.00, said sum being due and owing to the Developer upon issuance of a building permit from each townhome for a total of ten (10) piers or twenty (20) boat slips or $20,000. Request for reimbursement for such cost shall follow the same procedure hereinafter set forth and required for Redevelopment Project Costs and be included in the definition of Redevelopment Project Costs. (c) The City agrees to reimburse the Developer for the Road project costs. Section 5. Developer Payments. In consideration for the development by the Developer of the Subdivision a provided in this Agreement, so long as no event described in Section 19 of this Agreement shall have occurred and be continuing, the City shall reimburse the Developer for (i) the Redevelopment Project Costs incurred by the Developer in respect of the Subdivision as set forth in Exhibit B (the "Redevelopment Project Costs "); subject to the limitations of this Agreement. Section 6. Procedures for and Application of Reimbursement to the Developer. (a) The Developer shall advance all funds and all costs necessary to: (i) assemble the Subject Property and develop the Subdivision; and, (ii) undertake other matters eligible for reimbursement pursuant to this Agreement in connection with the foregoing. (b) To establish a right of reimbursement for a specific Redevelopment Project Costs under this Agreement, the Developer shall submit to the City a written statement in the form attached to this Agreement as Exhibit C (a "Request for Reimbursement") setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers or other evidence as the City shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The City shall have thirty (30) days after receipt of any Request for Reimbursement from the Developer to approve or disapprove of such Request and, if disapproved, to provide the Developer in writing and in detail an explanation as to why it is not prepared to pay such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that such expenditure is not an eligible Redevelopment Project Cost, that it is not contained on Exhibit B, or that it was not incurred and completed by the Developer in accordance with all applicable Subdivision Code requirements and the provisions of 5 6511120031m, this Agreement, including without limitation all plans and specifications for the improvements submitted to and pre -approved by the City. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all amendments to the TIF Act both before and after the date of this Agreement, and administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. (c) The City shall pay the Developer per the amount requested on the Request for Reimbursement within sixty (60) days of approval. Section 7. Term. Unless earlier terminated pursuant to Section 21, the term of this Agreement shall commence on the date of execution and end December 31, 2025 (the "Termination Date"). Section 8. Verification of Tax Increment. The Developer shall use its best efforts to cooperate with the City in obtaining copies of all real estate tax bills payable in 2003, and paid in each subsequent year during the term of this Agreement, for the lots in the Subdivision. Section 9. No Liability of City to Others for Developer's Expenses. The City shall have no obligations to pay costs of the Subdivision or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or material man providing services or materials to the Developer for the development of the Subdivision. Section 10. Time, Force Majeure. Time is of the essence of this Agreement, provided, however, a party shall not be deemed in material breach of this Agreement with respect to any obligations of this Agreement on such party' s part to be performed if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock -out, labor trouble (whether legal or illegal), civil disorder, inability to procure materials, wet soil conditions, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, war, fuel shortages, accidents, casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party' s agents, employees or invitees) or similar causes beyond the reasonable control of such party ("Force Majeure "). If one of the foregoing events shall occur or either party shall claim that such an event shall have occurred, the 0 75/1/2003/JTL party to whom such claim is made shall investigate same and consult with the party making such claim regarding the same and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall commence to run from the time of the commencement of the Force Maj eure; provided that the failure of performance was reasonably caused by such Force Majeure. Section 11. Assignment. This Agreement may not be assigned by the Developer without the prior written consent of the City, which consent shall not be unreasonably withheld other than an assignment to an entity having the same shareholders or members as Developer. Section 12. Developer Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses (including any liabilities, judgments, costs and expenses and reasonable attorneys fees) which may arise directly or indirectly from the failure of the Developer or any contractor, subcontractor or agent or employee thereof (so long as such contractor, subcontractor or agent or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer or material man; from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor or agent or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend and pay all charges of attorneys, costs and other expenses arising there from or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials or employees in any such action, the Developer shall, at its own expense, satisfy and discharge the same. This paragraph shall not apply, and the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees or contractors. Section 13. No Recourse. No recourse under or upon any obligation, covenant or provision of this Agreement, or for any claim based thereon or otherwise in respect thereof shall be had against the City, its officers, agents and employees, in any amount or in excess of any specific sum agreed by the City to be paid to the Developer or anyone of them, hereunder, subject to the terms and conditions herein; and no liability, right or claim at law or in equity shall attach to or shall be incurred by the City, its officers, agents, and employees in excess of such amounts; and all and any such rights or claims against the City, its officers, agents and employees are hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement by the City. 7 85/1/2003/JTL Section 14. Waiver. Any party to this Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Agreement. Section 15. Severability. If any section, subsection, term or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term or provision of this Agreement or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 16. Notices. All notices, demands, requests, consents, approvals or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the party or an officer, agent or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: Curt Langille Lanco Development Company 7501 Burning Tree Drive McHenry, IL 60050 To the City: City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050-5494 With a copy to: Kathleen Field Orr Kathleen Field Orr & Associates One North LaSalle Street, 45`h Floor Chicago, Illinois 60602 Section 17 - Successors in Interest. 95/1/2003/JTL This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors and assigns. Section 18. No Joint Venture, Agency or Partnership Created, No Recourse. Neither anything in this Agreement nor any acts of the parties to this Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section 19. No Discrimination - Construction. The Developer for itself and its successors and assigns agrees that in the construction of the improvements on the Subject Property provided for in this Agreement the Developer shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to_their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates ofpay or other forms ofcompensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section: 20. Remedies - Liability. (a) If, in the City' s judgment, the Developer is in material default of this Agreement, the City shall provide the Developer with a written statement indicating in adequate detail any failure on the Developer' s part to fulfill its obligations under this Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until twenty (20) days after giving such notice. If such default cannot be cured within such twenty (20) day period, such twenty (20) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Agreement. A default not cured as provided above shall constitute a breach of this Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (b) If the Developer materially fails to fulfill its obligations under this Agreement after notice is given by the City and any cure periods described in paragraph (a) above have expired, or if 0 105/1/2003/JTL the Developer is in default under any agreement for the assembly of land for the Subdivision, or if all or a portion of any such agreement is terminated, the City may elect to terminate this Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Agreement. If any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy or insolvency act shall be filed by or against the Developer, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer's debts, or the Developer makes as assignment for the benefit of its creditors, or a trustee or receiver is appointed for the Developer or for the major part of the Developer' s property, the City may elect, to the extent such election is permitted by law and is not unenforceable under applicable federal bankruptcy laws, but is nor required, with or without notice of such election and with or without entry or other action by the City, to forthwith terminate this Agreement. To effect the City' s termination of this Agreement under this Section 20(b), the City' s sole obligation shall be to record, in the office ofthe McHenry County Recorder, a Certificate of Default, executed by the President of the City or such other person as shall be designated by the City, stating that this Agreement is terminated pursuant to the provisions of this Section 20(b), in which event this Agreement by virtue of the recording of such certificate, shall ipso facto automatically become null and void and of no furtherlorce and effect. (c) If, in the Developer' s judgment, the City is in material default of this Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City' s part to fulfill its obligations under this Agreement. The Developer may not exercise any remedies against the City in connection with such failure until twenty (20) days after giving such notice. If such default cannot be cured within such twenty (20) day period, such thirty (30) day period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Agreement. A default not cured as provided above shall constitute a breach of this Agreement. Any failure or delay by the Developer in asserting any of its rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (d) In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct or remedy any default, or to obtain any other remedy consistent with the purpose of this Agreement, either at law or in equity, including, but not limited to the equitable remedy of an action for specific performance; provided, however, no recourse under or upon any obligation contained herein or for any claim based thereon shall be had against the City, its officers, agents, attorneys, representatives or employees in any amount or in excess of any specific sum agreed to be paid by the City hereunder, and no liability, right or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this 10 11 snaoosim. Agreement by the City. Notwithstanding the foregoing, in the event either party shall institute legal action against the other party because of a breach of any agreement or obligation contained in this Agreement, the prevailing party shall be entitled to recover all cots and expenses, including reasonable attorneys' fees, incurred in connection with such action. (e) The rights and remedies of the parties are cumulative and the exercise by a party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. Section 21. Amendment. This. Agreement, and any exhibits attached to this Agreement, may be amended only in a writing signed by all the parties with the adoption of any ordinance or resolution of the City approving said amendment, as provided by law, and by execution of said amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, negotiations and discussions relative to the subject matter hereof. Section 22. Counterparts. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at McHenry, Illinois. City of McHenry, an Illinois municipal corporation By. Mayor Attest: C' C1 c Lan c evelopme Company, an ois corporation By: Its President Attest: S e c r 11 Exhibit A Legal Description of the SUBJECT PROPERTY PARCELI: THAT PApT OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE TMD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 5 IN BLOCK 3 IN VENICE PARK ADDITION TO McBENRY UNIT NO. 1, A SUBDIVISION OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26 AND PART OF TTTE NORTHEAST FRACTIONAL QUARTER OF SECTION 35, ALL IN TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED FEBRUARY 25,1941 AS DOCUMENT NO. 152920, IN BOOK 7 OF PLATS, PAGE 68; THENCE SOUTH 76 DEGREES 33 MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF PRIVATE LANE NO. 1, AS SHOWN ON THE PLAT OF VENICE PARK ADDITION TO McHENRY UNIT NO. 1, AFORESAID, 134.54 FEET TO AN -ANGLE POINT IN SAID SOUIumLY LINE; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE (BEING ALSO THE NORTHWESTERLY LINE OF LAND CONVEYED TOT HE CITY OF McHENRY BY WARRANTY DEED RECORDED DULY 18,1935 AS DOCUMENT NO. 116253) TO A POINT ON THE NORTHERLY LINE OF WAUKEGAN ROAD,19.80 FEET SOUTHEASTERLY OF THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE OF WAUIMGAN ROAD, 19.80 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; T14ENCE NORTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT 5 TO THE PLACE OF BEGINNING, IN McHENRY COUNTY, ILLINOIS. PARCEL2: THAT PART OF LOTS 9 TO 14, INCLUSIVE, AND LOT 15 (EXCEPT THE EASTERLY 60.00 FEET OF SAID LOT 15) AS MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT 15, IN BLOCK 2 AND LOTS 4 AND 5 IN BLOCK 3 IN VENICE PARK ADDITION TO McHENRY, UNIT NO. •I AFORESAID, LYING EASTERLY OF A LINE DRAWN AT RIGHT ANGLES TO THE SOUTHERLY LINE OF SAID LOT 4 IN BLOCK 3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0 FEET, AS MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF LOT 4 IN BLOCK 3 AFORESAID, IN McHENRY COUNTY, ILLINOIS. PARCEL3: ALL THAT PART OF PRIVATE LANE NO. I AS SHOWN ON THE PLAT OF VENICE PARK ADDITION TO McHENRY, UNIT NO. 1, A SUBDIVISION` OF PART OF THE SOUTHEAST FRACTIONAL QUARTER OF SECTION 26AND PART OF THE NORTHEAST FRACTIONAL QUARTER OF SECTION 35, ALL IN TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25,1941, AS DOCUMENT NUMBER 152920, IN BOOK 7 OF PLATS, PAGE 68, LYING EASTERLY OF A LINE DRAWN AT RIGHT ANGLES. TO THE SOUTHERLY LINE OF LOT 4 IN BLOCK 3, AFORESAID, FROM A POINT ON SAID SOUTHERLY LINE, 10.0 FEET, AS MEASURED ALONG SAID SOUTHERLY LINE, WESTERLY OF THE SOUTHEAST CORNER OF LOT 4 IN BLOCK 3, AFORESAID, AND LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LAND CONVEYED TO THE CITY OF MCHENRY BY WARRANTY DEED RECORDED DULY 18,1935 AS DOCUMENT NO. 116253, IN MCHENRY COUNTY, ILLINOIS. PARCEL4: THE EASTERLY 60.00 FEET OF LOT 15 IN BLOCK 2 IN VENICE PARK ADDITION TO MCHENRY, UNIT NO. 1, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 25,1941 AS DOCUMENT NO. 152920, IN MCHENRY COUNTY, ILLINOIS. . 12 Exhibit B Redevelopment Project Costs 135/1/20038TL Costsfor the Road Project..........................................................................................$ .00 (per plans and specifications of the City Engineer) Constructionof boat slip..................................................................................................$20,000.00 ($1, 000.00 each) Exhibit C Form of Request for Reimbursement REQUEST FOR REIMBURSEMENT City Administrator City of McHenry 333 South Green Street McHenry, Illinois 60050-5494 Re: Redevelopment Agreement, dated , 200_ (the "Agreement'), by and between the City of McHenry, an Illinois municipal corporation and Lanco Development Company, an Illinois corporation (collectively the "Developer') Dear Sir: You are requested to disburse funds from the Special Tax Allocation Fund pursuant to Section 4(b) or Section 4(c) of the Redevelopment Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. The terms used in this Request for Reimbursement shall have.the meanings given to those terms in the Redevelopment Agreement. Request for Reimbursement No.: Payment due to: Amount to be Disbursed: The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to reimburse the Developers for those Redevelopment Project Costs of the Subdivision detailed in Schedule 1 attached to this Request for Reimbursement. The undersigned certifies that: (i) the amounts included in 3 above were made or incurred in connection with the construction of the Subdivision and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represents a part of the funds due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Redevelopment Project Costs Exhibit B to the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developers' books and are set forth on the attached Schedule 1, with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developers for its funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developers pursuant to the Agreement (excluding there from interest on Notes) is not in excess of (vi) the Developers are not in default under the Redevelopment Agreement and nothing has occurred to the knowledge of the Developers that would prevent the performance of its obligations under the Redevelopment Agreement. Date: Date: 6. Attached to this Request for Reimbursement is Schedule 1, together with copies of invoices or bills of sale and Mechanic' s Lien Waivers covering all items for which reimbursement is being requested, and a copy of the Redevelopment Project Cost Schedule on which it has been noted all Redevelopment Project Costs heretofore reimbursed to the Developers. Lanco Development Company By: President APPROVED BY: City of McHenry, an Illinois Municipal Corporation