HomeMy WebLinkAboutOrdinances - ORD-05-1267 - 08/29/2005 - AUTHORIZE ANNEX AGMT OAKS AT IRISH PRAIRIE 200 ACRor J C'.;- o " 1
ORDINANCE NO. ORD-05-1267
AN ORDINANCE AUTHORIZING THE EXECUTION OF
THE OAKS AT IRISH PRAIRIE ANNEXATION AGREEMENT
FOR A 200 ACRE PROPERTY
LOCATED ON THE WEST SIDE OF BARREVILLE ROAD,
IN MCHENRY COUNTY, ILLINOIS
WHEREAS, Northern Trust Company as Trustee under the provisions of a certain Trust Agreement
dated the 12`h day of July, 1948 and known as Trust No. 18644 ("OWNER") holds fee simple title to certain
real estate located on the west side: of Barreville Road, in McHenry County, Illinois; and
WHEREAS, Hovstone Properties Illinois, LLC, a Delaware limited liability corporation d/b/a Town
& Country Homes ("DEVELOPER") has entered into a real estate purchase contract with the OWNER to
acquire said real estate.
WHEREAS, the OWNER., DEVELOPER and the City desire to enter into an annexation agreement to
provide for the development of said real estate; 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 1T ORDAINED BY THE MAYOR AND CITYCOUNCIL OF THE CITY
OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The annexation agreement, bearing the date of August 19, 2005, between the City of
McHenry, a Municipal Corporation in the State of Illinois, and Northern Trust Company Trust No. 18444 and
Hovstone Properties Illinois, LLC, be and the same is hereby approved. A complete and accurate copy of said
annexation agreement, labeled "The Oaks of Irish Prairie 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hereby repealed to the extent of such conflict.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 29TH DAY OF' AUGUST 52005
AYES: SANTI, SCHAEFER, MURGATROYD, WIMMER, CONDO
NAYS:
GLAB, PETERSON
ABSTAINED:
NONE
ABSENT:
NONE
NONE
NOT VOTING:
APPROVED THIS 29TH DAY OF AUGUST 2005
ATTEST:
(� �4--
MAYOR
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Thomas R. Burney
Schain, Burney, Ross & Citron, Ltd.
222 N. LaSalle Street
Suite 1910
Chicago, Illinois 60601
THE ABOVE SPACE FOR RECORDER'S USE
THE OAKS AT IRISH PRAIRIE
ANNEXATION AGREEMENT
THIS AGREEMENT ("Agreement") made and entered into this A07 day of
2005 ("Effective Date"), by and between the City of McHenry, an Illinois
munici al corporation (hereinafter referred to as "City"), and Hovstone Properties Illinois,
L.L.C., a Delaware limited liability company d/b/a Town & Country Homes ("Developer")
and Northern Trust Company, as Trustee under the provisions of a certain Trust Agreement
dated the 12th day of July,1948 and known as Trust No.18644 ("Owner").
RECITALS
A. The City of McHenry is an Illinois corporation organized under the Illinois Municipal
Code in the County of McHenry, State of Illinois.
B. Northern Trust Company as Trustee under the provisions of a certain Trust Agreement
dated the 12th day of July, 1948 and known as Trust No.18644 ("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 herein ("Subject Property").
C. Hovstone Properties Illinois, L.L.C., a Delaware limited liability corporation is the
successor to Pinnacle Corporation d/b/a Town & Country Homes which has entered into
a real estate purchase contract with the Owner to acquire the Subject Property.
D. 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.
E. The Subject Property is currently unimproved and is zoned A-1, Agricultural, pursuant to
the McHenry County Zoning Ordinance.
F. The Subject Property has no electors residing thereon.
G. The Subject Property consists of one contiguous tract of land, all of 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.
H. The Owner desires to annex the Subject Property to the City in accordance with the terms
of this Agreement.
I. 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.
J. The City does not provide library or fire protection services to the Subject Property, so
notice to the Fire Protection District or Public Library District of the annexation of the
Subject Property is not required.
K. The annexation of the Subject Property will include a portion of highway under the
jurisdiction of Nunda Township, so notice of the annexation of the Subject Property has
been served to the Nunda Township Commissioner of Highways and Board of Town
Trustees by certified mail.
L. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS
5/ 11-15.1-1, et seq.
M. 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, Owner and Developer hereby agree as follows:
1. 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.
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2. Zoning. Immediately following the annexation of the Subject Property, the City
shall adopt an ordinance granting a zoning map amendment to IDD, Integrated Design District
for the Subject Property.
3. Conditional Use Permit. Immediately following the annexation and zoning of
the Subject Property, the City shall adopt an ordinance granting a Conditional Use Permit to
allow a planned residential development, with the condition that the Subject Property is
developed in substantial accordance with the Integrated Design District Plan, dated March 1,
2005, attached hereto and incorporated herein by reference as Exhibit B ("IDD Plan'), the
Preliminary Plat referenced in this Agreement and the following conditions included in the
Conditional Use Permit approval granted by the City:
4. Comprehensive Plan. The Corporate Authorities have examined the Preliminary
Plat and have determined that -it is in accordance with the City of McHenry Comprehensive
Land Use Plan and Development Policies approved under Ordinance No. MC99-741 on
09/01/99, as amended ("Comprehensive Plan').
5. Preliminary Plat and Preliminary Engineering. Immediately following the
annexation of the Subject Property, the City shall adopt an ordinance approving the Preliminary
Plat entitled, "The Oaks at Irish Prairie," prepared by Land Vision, Inc.; dated March 1, 2005 and
revised August 19, 2005 and the Preliminary Engineering Plans prepared by Cemcon; dated
March 18, 2005 and revised May 18, 2005, consisting of three sheets attached hereto and
incorporated herein by reference as Exhibit C ("Preliminary Plat"). Approval of the Preliminary
Plat shall entitle the Developer to final plat of subdivision approval if the final plat is in
substantial conformance with the Preliminary Plat, any conditions of approval have been met,
and it complies with this Agreement and all applicable ordinances, including the City's
Subdivision Control and Development Ordinance, Zoning Ordinance, and Building Codes. The
City approves the Design Standards set forth on Exhibit D.
6. Maximum Number of Residential Units. The total number of new single family
detached residential dwelling units permitted and constructed on the Subject Property shall be
permitted to equal but not exceed three hundred and ninety-five (395).
7. Limitation on Building Permits. Developer and City agree that the City shall
limit the maximum number of building permits issued each year for single-family detached
residences on the Subject Property. The maximum number of building permits issued for single
family detached dwellings for each one (1) year period shall be as follows: Year 1 - fifty-five (55)
building permits, Year 2 -sixty-five (65) building permits, Year 3 -seventy (70) building permits,
Years 4 and later -seventy (70) building permits. The first one-year period shall begin upon the
City Council's approval of the first final plat of subdivision. The maximum number of building
permits allowed shall not be cumulative from one year to the next. For purposes of this
paragraph, model home construction shall not count toward annual building permit limits
unless occupied as a residence.
8. Agricultural Uses. The City agrees that those portions of the Subject Property
that have not been final platted may continue to be used for agricultural purposes, including
crop farming over the entire parcel and that such uses may be continued as a legal
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nonconforming use in accordance with the ordinances of the City. All agricultural uses hereby
permitted shall expire seven (7) years from the Effective Date of this Agreement.
9. Architectural Standards. Developer agrees that Exhibit E, entitled "Architectural
Standards", Iast revised on May "16, 2005, attached hereto and made a part of this Agreement by
reference ("Architectural Standards"), shall be implemented and enforced by Developer to
regulate development within the Subject Property, and shall be incorporated 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.
10. Building Plans. The Developer shall have the option of using master plans for
the single-family detached dwellings and each master plan shall be stamped by a licensed,
registered architect in the State of Illinois. Any and all subsequent changes to the master plans,
however, shall be approved, stamped and sealed by an Illinois Registered Architect.
11. Landscape Mans. Prior to the issuance of any Occupancy Permits by the City,
Developer shall install and maintain landscaping, berming, fencing and other improvements in
accordance with Exhibit F, entitled "The Oaks at Irish Prairie Landscape Plan", prepared by
Hitchcock Design Group and dated February 10, 2005 and last revised on August 19, 2005,
attached hereto and made a part of this Agreement by reference ("Landscape Plans"), in all areas
of the Subject Property that have been final platted. Developer 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.
12. Covenants and Maintenance. Developer agrees to provide for implementation,
enforcement, and maintenance of all Architectural Standards, Landscape Plans, private paths,
open space, storm water and drainage systems, including detention basins and retention ponds,
wetlands, and conservation areas, and all other common areas including the clubhouse, as
provided on Exhibit F by creating one or more "homeowners' association' or appropriate
organization. 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 issues, pertaining to stormwater, detention or other aspects of the
development which may adversely impact homeowners in the development, and that all such
documents shall so provide. The Developer agrees that if title to the Conservation Easement
parcel is not transferred to the McHenry County Conservation District, then the implementation,
enforcement and maintenance for the Conservation Easement parcel shall be the responsibility of
the homeowners' association.
13. Back -Up Special Service Area. Prior to City approval of the first final plat of
subdivision within the Subject Property, Developer and City agree to establish a Special Service
Area over the Subject Property 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 the Conservation Easement, open space,
landscaping, and other amenities as provided in this Agreement.
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14. Tree Survey and Preservation Plan. Developer has provided to the City a tree
survey, dated March 11, 2005 and a tree assessment report dated September 24, 2004 and
completed by Planning Resources. Developer shall provide a tree preservation plan for review
and approval by the City's Director of Community Development prior to City approval of the
first final plat of subdivision within the Subject Property, in accordance with the City's Tree
Preservation Ordinance.
15. Conservation Easement. The Developer and City recognize that the area
designated as Conservation Easement on the Preliminary Plat (Parcel No. 12) will require special
attention, as described in subparagraph (a) below, during development of the Subject Property
and continuing maintenance and upkeep after development. Developer shall work with the City
and the McHenry County Conservation District to donate the acreage within the Conservation
Easement to the Conservation District. In the event that the McHenry County Conservation
District does not accept the conservation easement on terms and conditions mutually agreeable
to the City and the Developer, Developer agrees to convey the conservation easement to the
Homeowner's Association subject to covenants acceptable to the City and the backup special
service area referenced in paragraph 13, above.
a. Erosion and Construction Runoff Control. Prior to any clearing,
excavation, grading or other site development work being done on those portions of the
Subject Property which lie south of proposed Galway Street as described on the
Preliminary Plat, the Developer shall provide the City with an Erosion and Construction
Runoff Control Plan. Said Plan shall specify measures, including but not limited to hay
bales, silt fencing, straw, etc. that will prevent silt or any other construction runoff or
debris from entering into the Conservation Easement. Said Plan shall be subject to
reasonable approval by the City Engineer prior to any site development work being done
on these portions of the development.
b. Stormwater Management. To prevent the stormwater runoff generated
from the proposed development from impacting the Conservation Easement Developer
agrees to use best management practices, at the direction of the City Engineer, where
feasible, to minimize the development's potential impacts of stormwater runoff.
C. Long Term Management. If title to the Conservation Easement has not
been conveyed to the McHenry County Conservation District or other land conservation
organization, as approved by the City, at the time the first final plat of subdivision is
submitted to the City for approval, the Developer agrees to include with the submittals
for final plat approval a Long Term Management Plan for the Conservation Easement.
For a period of time not to exceed seven (7) years from submission of the Long Term
Management plan, the City may, at the discretion of the City Administrator and as a
condition of approval of the Final Plat and the Long Term Management Plan, provide
that the Developer pay to the City a lump sum amount, which may be in the form of
Letter of Credit, and shall be placed in an escrow account, to be used for the ongoing
maintenance of the Conservation Easement prior to development or after development of
the Subject Property is completed. The amount, form and institution upon which the
Letter of Credit is issued shall be approved by the City Administrator. Thereafter, in the
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event the Conservation Easement has not been conveyed to the McHenry County
Conservation District or another land conservation organization as approved by the City,
the Developer shall provide for its maintenance through the homeowner association(s)
referenced in paragraph 12, above.
16. Curb, Gutter and Sidewalks. Except as shown on the Preliminary Plat or on any
Final Subdivision Plat relating thereto, Developer shall install public sidewalks on both sides of
the street, except in any instance where a bike path is substituted for a sidewalk on one side of
the street in the Preliminary Plat, concrete curb and gutter, and an enclosed storm sewer system,
designed and constructed in accordance with the ordinances of the City. Developer shall also
install a ten (10') foot wide asphalt bike path on the north side of Veterans Parkway through the
entire Subject Property. In any instance, the City shall have the option of requesting cash, in the
amount of the proposed sidewalk or bike path improvements, in lieu of installation of said
improvement.
17. Sanitary Sewer and Water.
a. The Subject Property shall be developed with municipal sanitary sewer
and water. Developer 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.
b. The Developer acknowledges that there is NOT currently sanitary sewer
treatment plant capacity available from the City to service the Subject Property, and 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
Developer that municipal sanitary sewer treatment plant or sanitary sewer main capacity
or municipal water will be available to service the Subject Property when Developer
applies to the City for connection permits.
C. At the Developer's sole risk and responsibility, the City shall execute all
on -site IEPA permits while the City's south wastewater treatment plant is under
construction and expansion, thereby permitting Developer to begin construction of the
on -site and off -site public sewer system identified on the Preliminary Engineering Plans.
The City's execution of said IEPA Permits shall not be construed as vesting Developer
with any rights of development. In the event, for whatever reason, City's expanded
south wastewater treatment plant is not completed and made available to the Developer
for the Subject Property, the Developer hereby waives any claim against the City, its
officers and employees and releases the City, its officers and employees from any liability
relating thereto. Upon completion of the City's construction of its expanded wastewater
treatment plant, capacity shall be made available to the Approved Development on the
same basis as it is made available to other developments.
C.1
d. Developer shall cause to be financed and/or constructed all municipal
sanitary sewer system and water supply and distribution system improvements required
to meet the expected demand as a result of development of the Subject Property, subject
to credit for tap -on and capital improvement fees for sewage treatment plant
improvements, and water tower, well, and treatment improvements.
e. The City shall permit the Developer to construct, by phases, the on -site
sanitary sewer and water system, and stormwater collection system, including water
retention and detention facilities. Stormwater retention and detention facilities shall not
be allowed to be phased within a phase.
f. The City shall exercise its power of eminent domain, if necessary, to assist
Developer in obtaining all necessary easements, not already in existence, to enable the
installation of the aforesaid sanitary sewer and water improvements. Developer 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.
g. Developer shall provide a connection point for the sanitary sewer line
servicing the Morgan Hill Development at the location provided on the Final Engineering
Plans approved by the City.
18. Reimbursement Provision. Upon development of any portion of the Subject
Property, the City reserves the right to request Developer 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 such improvements are made by Developer, 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 sanitary sewer main improvements ("Benefitted Property") will be determined
by the City's Consulting Engineer.
b. Developer shall be allowed reimbursement for expanded or oversized
sanitary sewer and water main improvements as follows:
(i) 100% for improvements made offsite of the Subject Property; and
(ii) Proportionately on a per acreage basis for improvements made
onsite of the Subject Property.
C. The City shall endeavor to collect a pro rats sum of money from the
owners of the Benefitted Property upon connection. The total sum subject to
reimbursement to the Developer, as well as the pro rata sum to be collected from the
Benefitted 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
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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 Developer 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, the State Requirement shall prevail.
d. Subject to a non -appealable final court order, directing City to act
otherwise, the City shall not issue any connection permits until the Benefitted 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
Benefitted Property owners but shall not be liable to Developer if the City is, for any
reason, unable to collect said cost. The City's liability to reimburse shall be limited to
payment from funds actually collected from Benefitted Property owners.
f. The City and Developer 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 Benefitted Property of the terms
of this reimbursement provision.
g. Developer 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
benefitted property owners of the charges referred to in this reimbursement provision.
19. Security for Improvements. In lieu of any bond or cash escrow required by any
ordinance of the City in conjunction with the improvement or development of the subject
properties, the Developer, their agents, assigns or successors shall guarantee the performance or
fulfillment of any such requirement by submitting to the City an irrevocable letter of credit in the
amount of 125% of the estimated cost of said improvements in a form that is acceptable to the
City, drawn on a bank or savings and loan association in the Chicago -Metropolitan area, having
stated assets of not less than $30,000,000.00, in favor of the City and the signatory. The aforesaid
letter of credit shall be reduced as allowed by the council of the City from time to time.
20. Occupancy Certificates. The City shall grant temporary occupancy permits when
adverse weather conditions, as determined by the Director of Community Development, do not
permit the completion of the landscaping, driveways, sidewalks, entrance walks and topsoil re -
spread to be completely finished within the areas of the Subject Property that have been final
platted. If the temporary occupancy permit is issued after November 30 and before March 15,
the landscaping shall be completed by no later than June 1 of that year. Temporary occupancy
permits shall be issued provided that Developer agrees to maintain Security (as hereinafter
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defined) in an amount to be determined by the Community Development Director as necessary
to secure completion of any outstanding work.
21. Temporary Signage.
a. Temporary Communication Identification Signage. Developer shall be
allowed two (2) double -sided or V-shaped temporary project signs. Each sign face shall
not be greater than 96 square feet in area (exclusive of extensions and framing
construction). Each sign shall have a maximum overall height of fifteen feet (15') above
the centerline of the adjacent roadway. Such signs may be erected immediately after the
adoption of ordinances approving the rezoning and annexation for the Subject Property.
The signs shall be maintained at all times as to both structure and sign face. Both signs
shall be removed upon completion of 100% of lot sales within the Subject Property.
b. Model Home Signs. Subject to the review and approval of sign location
and design by the Community Development Director, Developer shall be allowed one (1)
identification sign in front of each model home unit. Each sign face shall not be greater
than 10 square feet in area (exclusive of extensions and framing construction). Model
home signs shall be removed upon issuance of a permanent certificate of occupancy for
the respective model or upon completion of 100% of lot sales within the Subject Property,
whichever occurs first.
C. Model Directional Signs. Subject to the review and approval of sign
location and design by the Community Development Director, Developer shall be
allowed four (4) double -sided or V-shaped model directional signs for the purpose of
directing traffic to the model complex. Each sign face shall not be greater than 10 square
feet in area (exclusive of extensions and framing construction). Model directional signs
shall be removed upon completion of 100% of lot sales within the Subject Property.
d. Sales Information Center Signage. Subject to the review and approval of
sign location and design by the Community Development Director, Developer shall be
allowed two (2) double -sided or V-shaped information center signs. The sign face shall
not exceed 15 square feet in area (exclusive of extensions and framing construction). The
sales information center signs shall be removed upon completion of 100% of lot sales
within the Subject Property.
e. Community Promotional Signage. Subject to the review and approval of
sign location and design by the Community Development Director, Developer shall be
allowed four (4) double -sided community promotional signs. Each sign face shall not be
greater than 16 square feet in area (exclusive of extensions and framing construction).
Community promotional signs shall be removed upon completion of 100% of lot sales
within the Subject Property.
f. Community Promotional Flags. On the Subject Property, Developer shall
be allowed to display one (1) community identification flag on a sixteen foot (16') high
flagpole and one (1) American flag on a twenty foot (20') high pole in connection with a
sales trailer, sales office or sales pavilion. The community promotional flag shall be
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removed upon completion of one hundred percent (100%) of lot sales within the Subject
Property or within seven (7) years of the effective date, whichever occurs earlier.
g. Temporary Marketing Signs. Upon payment of required permit fees to
the City, temporary marketing signs shall be permitted to the Developer 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 posted for five (5)
consecutive weeks at a time, not more than four (4) times a year and shall be located
wholly on the Subject Property and shall be permitted for seven (7) years from the
effective date.
22. Traffic Control Signs. It shall be the sole responsibility of the Developer to
conduct a speed study for the entire Subject Property and locate the necessary signage with
regards thereto.
23. Model Homes; Construction Trailers.
a. Model Homes.
W Upon the annexation of the Subject Property and in advance of any
final plat of subdivision or engineering approval, the Developer
shall be permitted, at the Developer's sole risk, to construct,
maintain and occupy ten (10) model homes, located on the Subject
Property, in no more than two (2) model areas displaying the types
of housing product being constructed on the Subject Property and
to construct and maintain other appurtenant facilities for said
model units, including temporary sanitary facilities and systems
(when applicable required permits are received from the McHenry
County Health Department), water facilities and temporary noise
restricted electrical generators in advance of the construction of
permanent sanitary, storm sewer, storm water detention facilities,
water mains and electrical service. Such generators, tanks and
water facilities shall be disconnected and removed at such time as
electrical service and public sewer and water systems become
available to the Subject Property and the structures are connected
thereto.
(ii) 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.
(iii) Developer shall have the right to use 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.
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(iv) The Developer shall submit to the City for its approval plans and
specifications for the model homes and sales facilities that the
Developer seeks to construct within a model home site. The City
shall review and approve or disapprove, by written notice, those
plans and specifications within thirty (30) days of their submission.
Once those plans and specifications have been approved by the
City, the City shall issue building permits for the construction of
such model homes and sales facilities.
(v) The City agrees to allow Developer to construct temporary parking
facilities paved to the street 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.
(vi) The City agrees to permit in the model home area temporary
fencing, lighting, signage, parking lots and promotional structures
upon submission of appropriate plans to and approval by the City.
b. Temporary Sales Facilities.
(i) Prior to the approval of any final plat of subdivision for, or, the
availability of public improvements on, the Subject Property, the
Developer may, at its own risk, install or erect a temporary sales
facility and parking lot or lots, only on the Subject Property, 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.
(ii) Such temporary sales facility shall be removed within two (2)
months of the issuance of an occupancy permit for the first model
home.
(iii) No temporary sales facilities shall be required to connect to the
City's public sanitary sewer and water facilities, but may utilize an
approved temporary potable water and sanitary sewer facility.
C. Construction Trailers. Construction trailers used to build homes shall
only be allowed to be located in the proposed final phase of development, at locations to
be approved by the Community Development Department of the City. Upon sale of 75%
of the lots in the last phase of the proposed development, all construction trailers, except
one, shall be removed from the Subject Property. The last construction trailer shall be
removed upon issuance of the final certificate of occupancy for the last residential home
within the final phase of the proposed development.
d. Production Homes, Sanitary Sewer, Water and Storm Detention
Facilities. Upon the approval of the final engineering plans, the Developer shall be
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permitted, at the Developer's sole risk, to construct production homes and the necessary
infrastructure, prior to the completion of the City's expanded south wastewater treatment
plant. Provided that Developer secures all of the necessary federal, state and local
permits and approvals, Developer shall be permitted to construct and install, at its sole
risk, all of the necessary on -site and off -site sanitary sewer, water and storm detention
facilities to serve the Subject Property upon the approval of the Final Engineering Plans,
Developer hereby acknowledges in writing that no occupancy permits shall be issued
until said homes are served with sewer and water and subject to Developer obtaining an
executed disclosure by the buyer evidencing the buyer's acknowledgement that no
occupancy shall be permitted until the home is served with sewer and water. Said
disclosure shall be reviewed and approved by the City Attorney. Permission to construct
production homes and public improvements referenced herein shall not be construed as
vesting any rights in the Developer. In the event, for whatever reason, City's expanded
south wastewater treatment plant is not completed and made available to the Developer
for the Subject Property, the Developer hereby waives any claim against the City, its
officers and employees and releases the City, its officers and employees from any liability
relating thereto.
24. Underground Utilities. Developer shall install underground, at Developer'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.
25. Road Improvements and Contributions.
a. Developer agrees to construct all internal and external roadway
improvements required to meet the expected demand as a result of development of the
Subject Property, excluding any improvements to the Veterans Parkway/Route 31
intersection, which is referenced in Paragraph b of this section, which may include any or
all of the following: left-hand/right-hand turn lanes, acceleration and deceleration lanes,
a boulevard, additional lanes, roadway widening, traffic signal, curb and gutter,
sidewalk, bike path and/or stormwater ditches associated with the development of the
Subject Property as determined by the City's consulting engineer.
b. Developer acknowledges and agrees to contribute the amount of
$100,000.00 towards the cost of future road improvements to the Veterans
Parkway/ Route 31 intersection. The specific roadway improvements to the Veterans
Parkway/Route 31 intersection shall be determined by the City's Engineer. Said
contribution shall be made within ninety (90) days after approval of the first final plat of
subdivision.
C. Developer acknowledges and agrees that several existing intersections and
roads within or near the Subject Property are not currently improved to meet traffic
volumes expected as a result of development of the Subject Property. Developer
acknowledges and agrees to contribute $75,000 towards the cost of road improvements in
the vicinity, including but not limited to improvements to the intersection of
Charles/Miller Road and Green Street, to offsite intersections and roadway widening.
Said contribution shall be made in two installments of $37,500, the first being due within
12
ninety (90) days after approval of the first final plat of subdivision, and the second being
due within ninety (90) days after approval of the second final plat of subdivision.
26. Park Land Dedication. Developer shall convey and dedicate to the City, for
unrestricted public use, the area on the Preliminary Plat north of Veterans Parkway designated
as Parcel No. 27 ("Park") upon approval of the first final plat of subdivision of any portion of the
Subject Property or in a subsequent Final Plat of Subdivision if the park is not included in the
First Final Plat of Subdivision. This conveyance shall be made by recordable warranty deed or
such other conveyance as the City shall agree, free from any encumbrances, accompanied by a
plat of survey and a title insurance policy in the amount of the value of the parcel, paid for and
prepared by Developer.
Prior to conveyance, Developer shall pay to the City the sum of $4,000 to be used to assist
the City in developing a plan for the Park Site. Developer shall construct stubs for future utility
connections, and the site shall be final graded and seeded, and the slope, topography, and
geology of the dedicated site must be suitable for active park and recreation purposes. The City
will maintain the park site upon conveyance.
27. Donations, Contributions, and Fees. Developer 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, Developer 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) Developer shall pay to the City fifty percent (50%) of the
$199,800.00, representing $1,000 per acre, within ninety (90) days of
the City Council approval of the annexation of the Subject Property
and the remaining balance within ninety (90) days of the City
Council approval of the first final plat of subdivision.
(ii) Developer shall pay to the City the sum of $596 per residential unit
constructed on the Subject Property upon issuance of each building
permit as an additional annexation fee.
(iii) Developer shall pay to the City as a transition fee, the sum of
$2,013 per residential unit ($1,090 to School District NO.15, $795 to
School District No. 156 and $64 each, to the Library District and
Fire Protection Districts) constructed on the Subject Property upon
issuance of each Certificate of Occupancy.
b. Cash Donations.
(i) Developer shall pay to the City certain Cash Donations per
residential unit constructed on the Subject Property upon issuance
13
of each building permit. The Cash Donations payable by the
Developer to the City shall be calculated as follows:
School Districts
Parks
Library Dist.
Fire Dist.
Total per Unit
Single -Family Detached
Total
156 15
7 or Less Bedrooms
$2,942
$1,030
$1,912
$2,581
$274
$274
$6,071
3 Bedrooms
$4,316
$1,511
$2,805
$3,712
$274
$274
$8,576
4 Bedrooms
$5,689
$1,991
$3,698
$4,819
$274
$274
$11,056
5 or More Bedrooms
$5,825
$2,039
$3,786
$4,826
$274
$274
$11,199
The Cash Donations referred to in this chart shall collectively be referenced to as
"Minimum Cash Contribution Amounts".
(ii) 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 for
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, Developer 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
Developer pursuant to the City's ordinances, Developer expressly
agrees to allow the City or School Districts to retain the Minimum
Cash Contribution Amounts previously paid by the Developer. It
is the express intent of the Developer to release the City and School
Districts from any liability or obligation to refund the Minimum
Cash Contribution Amount paid pursuant to this paragraph under
any circumstances.
C. Release. Developer hereby releases the City, School Districts 15 and 156,
Library District, and Fire Protection District from any and all liability or damage to
Developer 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. Developer agrees not to pay any fees under
protest.
14
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, Developer 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.
e. 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, the Library District or the Fire Protection District.
f. Annual Adjustment. Beginning on May 1, 2006 and each May 1st
thereafter, 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 ("CPI") has
moved upwards. 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.
28. 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.
29. 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 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.
30. 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:
15
If to City: City Administrator
333 S. Green Street
McHenry, IL 60050
If to Developer: Hovstone Properties Illinois, L.L.C.
1806 S. Highland Avenue
Lombard, IL 60148
Attention: Mark Fields
If to Owner: Northern Trust Company, as Trustee under the
provisions of a certain Trust Agreement dated the
12+h day of July,1948 and known as Trust No.18644
c/o Cowlin and Cowlin
5447 W. Bull Valley Rd.
McHenry, IL 60050
Attention: James S. Cowlin
31. 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 Developer, and Developer may forthwith proceed to
correct such violations as may exist; provided, however, that the City shall give notice in
advance to the Developer 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.
32. Ordinance Changes. Except as otherwise specified herein, including but not
limited to the rights secured under paragraph 6 and Exhibit D (Design Standards), all ordinances
of the City and other applicable jurisdictions shall apply to the Subject Property, Developer 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.
33. Less Restrictive Ordinances Apply. If any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
improvements, buildings or appurtenances or other regulatory ordinances regarding the public
health, safety and welfare are amended or modified in any manner to impose less restrictive
requirements on the development of, or construction upon, properties within the City, then the
benefit of such less restrictive requirements shall inure to the benefit of Developer, only as to
buildings constructed after the change, and anything to the contrary contained herein
notwithstanding, Developer may elect to' proceed with respect to the development of, or
construction upon, the Subject Property upon the less restrictive amendment or modification.
16
However nothing therein shall authorize Developer to construct more than 395 dwelling units on
the Subject Property.
34. Obligations. All obligations of the Developer 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. Developer hereby consents to the filing of alien on the Subject Property or parts
thereof for which obligations are owed when any obligations are more than ninety (90) days
overdue.
35. 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.
36. 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
Developer shall continue in full force and effect.
37. 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 herefrom and the invalidity thereof
shall not affect any of the other provisions contained herein.
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
indicated above.
CITY OF McHENRY
B:
Y
Its: Mayor
Attest:
By: - ,
Its: dty CI k
DEVELOPER: = OWNER:
HOVSTONE PROPERTIES ILLINOIS, L.L.C.
a Delaware limited liability company d/b/a
Town & Country Homes
By:
Print Name:// j6eE,,/ ."OA)O FF'
1-41€
^NORTHERN TRUST COMPANY, as
Trustee under the provisions of a certain
Trust Agreement dated the 12th day of July,
1948 and knov/n as Trust -No. 18644
LIN
Print Name:
16 )A,
Its:�y%1/C�E;a )0i j/l S1 C),A j�, �� T. �� i Its: lid RMSIDL
EXHIBITS LIST
EXHIBIT
LegalDescription............................................................................................................... A
Integrated Design District Plan ....................................................................................... B
Preliminary Plat and Preliminary Engineering............................................................. C
DesignStandards............................................................................................................... D
ArchitecturalStandards.................................................................................................... E
LandscapePlans................................................................................................................. F
19
I_w::If3vW1
Legal Description of the Subject Property
PARCELI:
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP
44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY,
ILLINOIS.
et,
PARCEL 2:
THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP
44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY,
ILLINOIS.
ALSO
PARCEL 3:
THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11 LYING
WESTERLY OF THE CENTERLINE OF BARREVILLE ROAD, IN TOWNSHIP 44 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN McHENRY COUNTY, ILLINOIS.
ALSO
PARCEL 4:
THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP
44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY,
ILLINOIS.
ALSO
PARCEL 5:
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER ALSO THAT
PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 11 ALL
LYING WESTERLY OF THE CENTERLINE OF BARREVILLE ROAD, TOWNSHIP 44 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN McHENRY COUNTY, ILLINOIS.
20
EXHIBIT B
Integrated Design District Plan
21
GROUP EXHIBIT C
Preliminary Plat and Preliminary Engineering
22
I.D.D. Design Standards:
Minimum lot size:
Minimum lot width:
Minimum front yard setback:
Minimum side yard setback:
Minimum corner side yard setback:
Minimum rear yard setback:
Deviation from City Ordinances:
FXNTRTT T)
Design Standards
9,100 square feet.
70 feet at front setback line
30 feet (with 6 ft. porch encroachment)
7.5 feet
20 feet
40 feet
The City expressly approves the following Zoning and Subdivision Control & Development
Ordinance Deviations: '
A. The time period for the submittal of the Final Engineering Plans for the First Final Plan,
in accordance with the approved Preliminary Plan and Plat of Subdivision shall be two
(2) years in lieu of the one (1) year requirement set forth in subparagraph (G) in the
review procedures contained in Article XI (the Integrated Design District). The
submission of a Final Plat for all or any portion of the Subdivision shall toll the
expiration period for the Preliminary Plan and Plat of Subdivision and vest the
Developer's rights in the Preliminary Plat.
B. A two -foot (2') encroachment for fireplaces and bay windows into the front yard and
side yard setbacks;
C. A six-foot (6) encroachment for unenclosed porches, porticos and other covered
structures into the front yard setback;
D. Developer shall be entitled to install the sanitary sewer, storm sewer, water lines and
other public utilities in the right-of-way or in other dedicated City easements, but not
under the street;
E. Developer shall be permitted to use M6-12 mountable curb on all residential streets
requiring curb and gutter improvements
F. Developer shall be permitted to install Bituminous Driveway Pavement.
G. Developer shall be permitted to use a one -inch (1") water service pipe.
D-1
H. Developer is permitted a departure from the technical specification standards to allow
specific roadway centerline radii to be below the stated 150' radius and to allow the
specific tangent lengths between two street intersections to be below the states 100'
length.
I. Developer is permitted to construct wetland type stormwater management facilities as
detailed on the Preliminary Engineering Plans prepared by Cemcon, Ltd.; revised May
18, 2005, consisting of three sheets.
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