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HomeMy WebLinkAboutOrdinances - ORD-10-1498 - 02/08/2010 - AUHTORIZE FIRST AMENDMENT PRE-ANNEX AGMT ECKSTEINORDINANCE NO. ORD-10-1498 AN ORDINANCE AUTHORIZING THE EXECUTION OF A FIRST AMENDMENT TO A PRE -ANNEXATION AGREEMENT BETWEEN MICHAEL AND ANN ECKSTEIN AND THE CITY OF MCHENRY FOR THE PROPERTY LOCATED AT 1910 NORTH ORCHARD BEACH ROAD NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, as follows: SECTION 1: The Mayor and City Council of the City of McHenry find that the First Amendment to the Pre -Annexation Agreement between the City of McHenry and Michael and Ann Eckstein for property located at 1910 North Orchard Beach Road is in the best interest of the City. SECTION 2: The Mayor and City Clerk are hereby authorized to execute the First Amendment to the Pre -Annexation Agreement (attached hereto as Exhibit A and made a part hereof). SECTION 3: All ordinances or parts thereof in conflict with the terms and provisions hereof be and the same are hereby repealed to the extent of such conflict.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, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this Bch day of February, 2010. Voting Aye: Santi, Glab, Schaefer, Blake, Wimmer Condon, Low Voting Nay: None Not Voting: None Abstained: None a Absent: Peterson i Mayor ATTEST: EXHIBIT A FIRST AMENDMENT TO THE ECKSTEIN PRE -ANNEXATION AGREEMENT This AMENDMENT TO THE ECKSTEIN PRE -ANNEXATION AGREEMENT (the "AMENDMENT") is made and entered into this 8`h day of February 2010, by and between the City of McHenry, an Illinois municipal corporation (the "CITY") and Michael and Ann Eckstein (the "OWNER"). RECITALS A. The CITY and OWNER entered into the ECKSTEIN PRE -ANNEXATION AGREEMENT dated June 29, 2009 (the "AGREEMENT"). B. The CITY and OWNER 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. C. Publication as is required for the CITY to effect the terms of this AMENDMENT has been completed. NOW THEREFORE, in consideration of their respective agreements set out herein, the CITY and OWNER HEREBY AGREE AS FOLLOWS: 1. Addition of Reimbursement Provision. Immediately following the; execution of the attached ordinance by the Mayor and City Council the following reimbursement provision shall be incorporated and hereby made a part of the AGREEMENT: Upon development of any portion of the SUBJECT PROPERTY, the CITY reserves the right to request OWNER to construct additional, expanded or oversized municipal public improvements onsite which benefit not only the SUBJECT PROPERTY, but also other properties already developed in the relevant service areas for such improvements. In the event the OWNER makes such improvements, the following provisions shall apply and be included, but not limited to, in a subsequent reimbursement agreement ("Reimbursement Agreement"). In the event the OWNER makes such improvements, the CITY and OWNER shall enter into a reimbursement agreement. The properties which may reasonably be expected to benefit directly or indirectly from the construction and installation of such additional onsite expanded or oversized improvements ("Benefited Properties") will be determined by the CITY's Consulting Engineer. The CITY shall endeavor to collect a pro rata sum of money from the owners of the Benefited Property. The total sum subject to reimbursement to the OWNER, as well as the pro rata sum to be collected from the Benefited Property owners shall be determined by the CITY's Consulting Engineer taking into account the following factors: construction and easement costs; professional fees; testing and analysis fees; and legal and administrative expenses. The OWNER shall be entitled to interest on amounts due and payable from Benefited Property owners at a per annum rate approved by the City from the date specified below, to the date of payment to OWNER. Subject to a nonappealable final court order, directing CITY to act otherwise, the CITY shall not issue any building permits until the Benefited Property owner pays the reimbursement charge set forth in this paragraph. The CITY will use its best effort to collect the cost provided herein from the Benefited Property owners but shall not be liable to OWNER if the CITY is, for any reason, unable to collect said cost. The CITY's liability to reimburse OWNER shall be limited to payment from funds actually collected from Benefited Property owners. The CITY and OWNER reserve the right to, at any time during the term of this AGREEMENT, file the Reimbursement Agreement with the McHenry County Recorder of Deeds and notify the owners of the Benefited Property of the terms of this reimbursement provision. OWNER shall reimburse and indemnify CITY for all costs, engineering and attorneys fees and liability incurred by the CITY in attempting to collect the reimbursement amount subject to this reimbursement provision. This reimbursement provision shall have a commencement date when the CITY's Consulting Engineer issues a letter indicating completion of the public improvements which are the subject of the Reimbursement Agreement and shall terminate upon the earlier of twenty years thereafter or upon reimbursement by the Benefited Property owners of the charges referred to in this reimbursement provision. 2. 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. 3. 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 OWNER 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 the AGREEMENT. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY By: MAYO Attest r CIT CLE O MICHAEL E6 IN B : ANN ECKSTEIN