HomeMy WebLinkAboutOrdinances - ORD-11-1562 - 10/03/2011 - BOAT SLIP ACCESS ESMTORDINANCE NO. ORD-11-1562
AN ORDINANCE AUTHORIZING THE EXECUTION OF A BOAT SLIP ACCESS
EASEMENT AND ASSIGNMENT AGREEMENT BETWEEN THE CITY OF
MCHENRY, AN ILLINOIS MUNICIPAL CORPORATION AND I 110 GREEN LLC, A
LIMITED LIABILITY COMPANY
WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as
contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage
of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in
the Constitution of the State of Illinois.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
MCHENRY, McHenry County, Itfinois, as follows:
SECTION 1: The Boat Slip Access Easement and Assignment Agreement, beating the date
of October 3, 2011, between the CITY and I I 10 GREEN LLC be and the same is hereby approved.
A complete and accurate copy of said agreement, labeled "Boat Slip Access Easement and
Assignment 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 Boat Slip Access Easement and Assignment 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are hereby repealed to the extent of such conflict.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 7 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 AND APPROVED THIS3 R " DAY OF OCTOBER, 2011
AYEIS:
NAYS:
ABSTAINED:
ABSENT:
NOT VOTING:
GLAB
NONE
NONE
APPROVED THIS 3RD DAY OF
ATTEST:
CITY OLE
OCTOBER .2011
MAYOR
Boat Slip
Access Easement and Assi2nment Apareemen
This Boat Slip Access Easement and Assignment Agreement ("Agreement") is entered into
by and between the City of McHenry and I 110 Green LLC ("I I 10 Green7) this 3 rd Day of October,
2011.
WHEREAS, the City is the owner of certain real property described on Exhibit 1, attached
hereto and made a part hereof ("Real Estate"); and
WHEREAS, there is located adjacent to the Real Estate in the Riviera Marina ("Marina"),
eight (8) boat slips numbered 1- 8 depicted on Exhibit 2, attached hereto and made a part hereof
("Slips"); and
WHEREAS, the City and predecessors in interest to I I 10 Green relative to ownership of the
multi -family residential project now known as "River Place Luxury Residences" were parties to a
Redevelopment Agreement dated February 5, 2007 and amendments thereto dated April 7,2008 and
December 14, 2009 ("Redevelopment Agreements").
WHEREAS, the Redevelopment Agreements each referenced the conveyance of certain boat
slips and piers along with related access licenses and easements for the benefit of a development
formerly known as "Riverwalk Center" n/k/a River Place Luxury Residences.
WHEREAS, the intent of the parties is to execute this Agreement in lieu of and in total
replacement of any and all references in the Redevelopment Agreements to the conveyance of boat
slips, easements, licenses and regulations relating thereto.
NOW THEREFORE, in consideration of the promises and covenants made in this document
and related closing documents, the Parties hereto agree as follows:
I . Conveyance of Slips. The City hereby ratifies the prior conveyance of all of its right,
title and interest in and to the same eight boat slips referenced in the Redevelopment Agreements
("Boat Slips") (including all rights to transfer such right, title and interest in the Boat Slips elsewhere
in the relevant trading zone). Based upon the Department of the Army's letter to the City Attorney
dated January 3, 2008 reference Project No. LRC-2007-557, the City hereby represents that it owned
the Boat Slips prior to such conveyance and such boat Slips were part of the 67 slips located in the
Marina. In the event that the City's conveyance of Slips was ineffective or void for any reason, the
City shall take all necessary action to convey the same number of Slip rights to the then owners of
the Slips from its previously acquired Stanton Bay Reserve. In the event that the City chooses to
remove or relocate the Piers from the Riviera Marina for any reason ("Removed Slips"), then the
City shall, at its sole expense, and with full cooperation of the Slip owners, relocate the Removed
Slips to another location within the same trading zone as the Rivera Marina.
2. 1110 Green's Rightto Lease Boat Slips. Duringthe term of this Agreement, the I 110
Green shall have the right to lease the Boat Slips.
3. Access Easement to the Boat Slips. The City hereby grants and conveys to I I 10
Green, its successors and assigns, an exclusive perpetual easement of access to the Boat Slips along
and across that part of the Real E-state legally described and shown as "10' Pedestrian Access
Easement" on Exhibit 2 ("Exclusive Easement"). The term of the Exclusive Easement shall
commence on the date of this instrument and shall run in perpetuity unless sooner terminated by
subsequent written agreement executed by all persons and entities owning and holding rights in the
Boat Slips and the City. The Exclusive Easement, the restrictions hereby imposed and the covenants
herein contained shall be casements, restrictions and covenants running with the title to the Real
Estate and shall be binding upon, and inure to the benefit of, the parties hereto and their respective
heirs, assigns and successors -in -interest and/or title.
4. City Representation as to Title. The City warrants and covenants that it has fee
simple title to the Real Estate.
5. Vehicle License Area. The City hereby grants and conveys to I I 10 Green, its
successors, lessees and assigns, a nonexclusive revocable license for vehicular access, loading,
automobile parking, and related uses over that part of the Real P state depicted as "Vehicle License"
on Exhibit 2 ("Vehicle License"). The Vehicle License is revocable and terminable by the City, in
its discretion, at any time, upon 30 days' notice to I I 10 Green and all persons or entities owning and
holding fights in the Slips.
6. Maintenance of Exclusive Easement and Vehicle License. Duringthe term of the
Exclusive Easement and the Vehicle License, the City shall maintain the Exclusive Easement area
and the Vehicle License area in good condition at its own cost and expense.
7. Rules and Regulations Regarding use of Boat Slips. I I 10 Green, its successors,
lesseesand assigns agree to abide by a rules and regulations imposed by the City or other regulatory
agencies regarding the use of the Boat Slips, which rules and regulations may be instituted and
amended from time to time pertaining to the use of all Boat Slips. In addition to such rules and
regulations instituted from time to time by the City or other regulatory agencies regarding the use of
the Slips, prior to the sale of any Slips, I 110 Green shall develop rules and regulations ("Boat Slip
Regulations") to be incorporated by reference in any document evidencing the sale and assignment of
aBoatSlip. The Boat Slip Regulations shall be subject to review and approval by the City and shall
include a provision that the City is a third party beneficiary thereof with the power to enforce the
same. Such Boat Slip Regulations shall include, at a minimum:
• Proof of insurance for each boat owner is required.
• Boat slips may be rented for use.
• Slip owners must pay flat fee for electric and water costs/year in accordance with the fees
imposed by the operator of the Marina.
• No TV antennas are allowed; satellite dishes are permitted.
• Dock boxes are not allowed.
• The marina operator shall have the ability to shut-off boat air conditioners left running.
• No boatlifts are allowed.
• No parking on the grass is allowed.
• The piers must be kept in good condition.
• Only one vehicle per Boat Slip shall bepermitted at any one time in the Vehicle License area.
• The license plate number of each vehicle parked in the Vehicle License area must be
provided to the current operator of the Marina.
• No overnight parking of vehicles shall be allowed.
• A Boat Slip owner shall not be permitted to park a vehicle in the Vehicle License area during
those periods that the owner's boat has been removed from the water.
8. Abandonment of Boat Slips. In the event I I 10 Green, its successors, lessees or
assigns, removes, transfers or relocates some or all of the Boat Slips off -site of the N/larina in which
they are currently located, for a consecutive period of more than 3 months, ("Abandoned Boat
Slips"), the Exclusive Easement and the Vehicle License, relative to the Abandoned Boat Slip(s),
shall be deemed abandoned and terminated and the Abandoned Boat Slip site(s) shall revert to the
City without any further action by the City or I I 10 Green .
9. Use of Marina Services. Slip owners shall be entitled to use all services (subject to
payment of then applicable fees) available to other users of the Marina.
10. First Right of Refusal. I 110 Green and its successors and assigns shall have the right
to transfer title to the Boat Slips without the prior written consent of the City, provided, however, the
City hereby reserves and I I 10 Green hereby grants to the City, a first right of refusal ("Right of First
Refusal") with respect to any conveyance of a Boat Slip to a third party (other than sales to owners of
units in the River Place Luxury Residences Projector sales of Boat Slips in connection with the sales
of units in the River Place Luxury Residences Project). In the event that a Seller shall receive a bona
fide offer to purchase a Boat Slip, such Seller shall deliver to the City a copy of the offer. The City
shall have until the twenty-first (215) business day after the date of City's receipt of the offer within
which to exercise the Right of First Refusal by providing to Seller a written contract signed by City
on the same material terms and conditions as contained in said offer. If City shall decline to exercise
the R ight of First Refusal by not submitting such written contract to purchase the Boat Slip or does
not respond within such twenty-one (2 1) business day period, Seller may sell t1ic Boat Slip to such
bona fide offeror without further notice or obligation to the City.
11. Conveyance of Boat Slips to Project Successor. Notwithstanding any of the to the
contrary herein, I 110 Green shall be entitled to transfer all of its interest in the Boat Slips to any
good faith third -party purchaser of all of the interest of I I 10 Green in the Redevelopment Property
and River Place Luxury Residences Project as a whole as defined in the Rcdcveloprnent Agreement,
as amended.
12. Amendment of Redevelopment Agreements. To the extent that the subject matter
addressed in this Agreement is referenced in the Redevelopment Agreements, the same shall be
controlled by the terms of this Agreement and the remaining terms of the Redevelopment
Agreements shall continue in full force and effect.
Wherefore the Parties have executed this Agreement, this 3d day of October, 2011.
City of McHenry
By/ Susan E. Low, Mayor
I I 10 Green LLC
By4oy Bl2avvise, its Manager
Exhibit I
That part of the NE fractional 1/4 (on the west side of the Fox River) of Section 35., Township 45
North, Range 8, east of the third prindicpal meridian, described as follows:
Commencing at the NE comer of the west/2of the NE '/4of said Section 35, thence southerly along
the west line of the NE '/4of the NE 1/4of said Section, a distance of 143.88 feet to the southerly line
of a private lane as shown on the plat of Venice Park, Unit No 1, for the place of beginning; thence
continuing southerly along the west line of the NE 1/4of the NE '/4of said Section, a distance of 445.3
feet to the SE comer of lands conveyed to Chauncey Beckwith by deed recorded in Book 34 of
Deeds, Page 33 7; thence easterly along a line that forms an angle of 07 degrees 44 mi nutes to the left
with the prolongation of the last described course, a distance of 965.2 feet nto the westerly shore I me
of the Fox River; thence Northwesterly along said westerly shore line, a distance of 298 feet, more or
less, to the sotuherly line of a tract of land conveyed to Charles Coles by deed rcorded in Book 392
of Deeds, page 505; thence northwesterly along the southerly line of said Charles Coles tract, a
distance of 464.9 feet to the SW comer of said Coles tract; thence northerly along the wesxterly line
of said Coles tract and along the westerly line of a tract of land acquired by the City of McHenruy
through proceedings held in the County Copurt of McHenry County, Illinois, as Case No 2593, a
distance of 118.21 feet to the southerly line of a private lane as shown on the plat of Venice Park,
Unit No 1; thence northwesterly along said southerly line, a distance of 230.3 feet to the place of
beginning; ( ' Excepting that part of the northeast fractional '/4of Section 35, Township 45 North,
Range 8 east of the third principal meridian, described as follows:
Beginning at the SE comer of the private lane in the Venice Park Addition to McHenry Unit No 1;
thence south 0 degrees 37 minutes east, 119.21 feet; thence north 86 degrees 45 minutes west, 33.03
feet to the place of beginning; thence north 0 degrees 37 minutes west, 130.53 feet to the
southwesterly line of said private lane; thence north 66 degrees 49 minutes west, 21.86 feet; thence
south 0 degrees 37 minutes east, 137.99 feet; thence south 86 degrees 45 minutes esat, 20.05 feet to
the place of beginning), in McHenry County, Illinois. And also (Excepting therefrom thatpart of said
Section 35 bounded and described its follows, to wit: beginning at the southwest corner of apiece of
land deeded by Sophronia Beckwith to George H Beckwith. Said dedd being recorded in the
Recorders Office of McHenry County, Illinois, in Book 34 of Deeds, on page 312, said point being
known as the SW comer of Lot 5 of the County Clerk's Plat of the north 1/2 of Section 35, Township
45 North, Range 8 east of the third principal meridian; thence cast along the south line of said piece
of land to deeded 500 feet to the SE comer thereof for a place of beginning; thence south 87 degrees
44 minutes east, 865 feet, more or less, to the Fox River; thence northeasterly along the water's edge
of the Fox River 15 feet; thence west parallel with the last above described course 855 feet to the east
line of the NW 'A of the NE 'A of Section 35 aforesaid; thence south 15 feet to the place of
beginning, (exceptingand reserving therefrom the westerly40 feetthereof), all invIcHemyCounty,
Illinois.
Exhibit 2
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