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HomeMy WebLinkAboutOrdinances - ORD-09-1467 - 06/01/2009 - AUTHORIZE EXECUTION FIRST AMENDMENT LIVING SPRINGSORDINANCE NO ORD-09-1467 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE LIVING SPRINGS ANNEXATION AGREEMENT FOR THE APPROXIMATELY 4.7 ACRE PROPERTY LOCATED ON THE EAST SIDE OF CRYSTAL LAKE ROAD, IN THE CITY OF MCHENRY, ILLINOIS WHEREAS, the OWNER and the City desire to enter into a First Amendment to the Living Springs 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 First Amendment to the Living Springs Annexation Agreement before the Corporate Authorities of the City of McHenry; and WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Annexation Agreement is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The First Amendment to the Livings Springs Annexation Agreement between the City of McHenry, a Municipal Corporation in the State of Illinois and Living Springs LLC ("DEVELOPER) be and the same is hereby approved. 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 SECTION 3: All Ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict.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 _1ST DAY OF JUNE _, 2009 AYES: SANTI, SCHAEFER, MURGATROYD,WIMMER, PETERSON, CONDON. NAYS: ABSTAINED: NONE ABSENT: NONE NOT VOTING: (NONE APPROVED THIS 1ST DAY OF JUNE 2009 ,,MAYOR ATTEST: CA- C- CIT CLPRK AMENDMENT TO THE LIVING SPRINGS ANNEXATION AGREEMENT This AMENDMENT TO THE LIVING SPRINGS ANNEXATION AGREEMENT (the "AMENDMENT") is made and entered into this Ist day of June, 2009, by and between the City of McHenry, an Illitims municipal corporation (the "CITY") and Living Springs of McHenry, LLC (the "DEVELOPER"). RECITALS A. The CITY, DEVELOPER and Kenneth and Patsy O'Halleran (collectively referred to as "OWNER") entered into the LIVING SPRINGS ANNEXATION AGREEMENT dated February 13, 2006 (the "AGREEMENT"). After the execution of the AGREEMENT, the DEVELOPER acquired fee simple title to the real estate owned by OWNER. DEVELOPER is the successor -in - interest to OWNER'S rights, title and interest in the AGREEMENT. B. DEVELOPED: holds fee simple title to the real estate referred to as the "SUBJECT PROPERTY" in the AGREEMENT. C. The SUBJECT PROPERTY was annexed and zoned into the CITY pursuant to Ordinances 06- 1299, 06-1300 and 06-1301 and developed as a Supportive Living Senior Housing Facility in accordance with the AGREEMENT. D. DEVELOPER is the owner and operator of the Supportive Living Senior Housing Facility, which is known as Living Springs of McHenry. E. The CITY and DEVELOPER desire to amend the AGREEMENT in accordance with the terms and conditions of this AMENDMENT and the CITY has determined that this AMENDMENT 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. F. Prior to the (late of this AMENDMENT, all public hearings were held upon proper notice and publications as are required for the CITY to effect the terms of this AMENDMENT. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and DEVELOPER HEREBY AGREE AS FOLLOWS: Amendment of Conditional Use Permit. Immediately following the annexation of the SUBJECT PROPERTY, the CITY adopted an ordinance (Ordinance No. 06-1301) approving a conditional use permit to allow a 99-unit, Supportive Living Senior Housing Facility (SLF) on the SUBJECT PROPERTY, in substantial accordance with the AGREEMENT. The City hereby agrees to adopt an ordinance amending the CUP to allow the addition of one (1) additional senior supportive living unit to the existing facility on the SUBJECT PROPERTY to bring the total number of units permitted by the CUP to 100 units, immediately upon or simultaneously upon the execution of this AMENDMENT. The additional unit to the Supportive Living Housing Facility shall be from the conversion of existing space in the facility Page 1 of 2 2. Zoning. The conversion of existing space in the Supportive Living Senior Housing Facility to an additional living unit is consistent with and permitted by the zoning of the SUBJECT PROPERTY, which is RM 2 High Density Multi -Family Residential District. Severability If any provision of this AMENDMENT 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. 4. Miscellaneous. (a) This AMENDMENT shall be made a part of, and incorporated into, the AGREEMENT. (b) Except as modified by this AMENDMENT, the AGREEMENT shall remain in full force and effect without any other changes or amendments thereto, and CITY and DEVELOPER shall and hereby do ratify and affirm the AGREEMENT, as modified by this AMENDMENT. (c) To the extent that there is any conflict or inconsistency between the terms and conditions of this AMENDMENT and the terms and conditions of the AGREEMENT, this AMENDMENT shall control and be binding upon the parties hereto. (d) This AMENDMENT may be executed and delivered in counterparts, all of which taken together shall constitute one and the same document. (e) All undefined capitalized terms contained herein shall have the same meanings as set forth in the AGREEMENT. (f) This AMENDMENT shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns pursuant to the terms and conditions of die AGREEMENT. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OFq�TRY� By h MAYOR Print Name: s0%W* Ideft ly Its: Living Springs of McHenry, LLC By: Barron Development LLC Page 2 of 2