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HomeMy WebLinkAboutOrdinances - ORD-18-1867 - 04/16/2018 - Graham AgreementIlllllllllllllfllllllllllllllld PREPARED BY/MAIL TO: Ryan P. Farrell ZUKOWSKI, ROGERS, FLOOD & McARDLE 50 Virginia Street Crystal Lake, IL 60014 30 EPH J. TIRIO ,....-.. 06/11/2013 02.06:59 PM PAGES: 13 RECORDING FEE 33.00 IS FEE 15.00 ORDINANCE NO. ORD-18-1867 (This document i;, being re -recorded to correct a scrivener's error to Exhibit A, Paragraph 1, Section 3 of Ordinance No. ORD-18-1867) 111111111111111111 JOSEPH J. TIRIO RECORDER—MCHENRY COUNTY, YL. an�RRnn�aq�� 04/24/2018 10*49:53 AM PAGES: 12 REGORGING FEE 32.00 GIS FEE 15_o0 This space reserved for Recorder's ttse only. CERTIFICATION I, Marcia M. Geraghty, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that the attached document is a true and correct copy of Ordinance No. ORD-18- 1867, An Ordinance Authorizing the mayor's Execution of an Economic Incentive and Development Agreement between the City of McHenry and Graham Enterprise, Inc. adopted by the City Council at its regularly scheduled meeting on April 16, 2018. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. Given under, my hand and corporate seal of the City of McHenry this 1 y"' day of Apri12018. A l n �0 (SEAS) c c,p: Marcia M. Geraghty, Dep City of McHenry, McHenry County, Illinois Prepared by the Office of the McHenry City Clerk Mail to: Office of the Deputy City Clerk City of McHenry 333 S. Green Street ORDINANCE NO.ORD-18-1867 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF AN ECONOMIC INCENTIVE AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND GRAHAM ENTERPRISE INC. 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, Illinois, as follows: SECTION 1: The Development and Economic Incentive Agreement, bearing the date of April 16, 2018 between the City of McHenry and Graham Enterprise Inc. is attached to this ordinance and incorporated herein by reference as Exhibit A. SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said 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. APPROVED and ADOPTED this 16th day of April 2018. Voting Aye: Condon, Devine, Mihevc, Schaefer Voting Nay: Curry, Glab Absent: None ATTEST: - - )'" ku ` Deputy ity Jerk 4yov Development and Economic Incentive Agreement Between the City of McHenry and Graham Enterprise, Inc. PREPARED BY/ TO: David W. McArdle Zukowski, Rogers, Flood 8; McArdle 50 Virginia Street Crystal Lake, IL 60014 This Economic Incentive Agreement ("Agreement") is made and entered into this day of April, 2018 ("Effective Date"), by and between the City of McHenry, 333 S. Green Street, McHenry County, Illinois, an Illinois home rule municipality ("City") and Graham Enterprise, Inc., an Illinois corporation, LLC, 750 Bunker Court, Suite 100, Vernon Hills, IL 60061 ("Owner" and such term is deemed to include Owner's affiliates, Red Crown Investments, LLC — 137, Red Crown Investments, LLC —138, and beep Rock Land Company, LLC — 104) and any successors and assigns. Recitals A. The property which is the subject of this Agreement is all owned by Owner and consists of three (3) separate properties (collectively referred to herein as "Subject Property"), and individually identified as follows. 1. McHenry BP ("Bull Valley Rd. Site") located at 5301 Bull Valley Road, McHenry, PIN: 14-04-401-003, legally described as follows: PARCEL 1: LOT 1 INAMOCO M-1 RESUBDIVISION, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN AMOCO M-1 SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SEC77ON 4, TOWNSHIP 44 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 95RO28590, ACCORDING TO THE PLAT OF SAID AMOCO M-1 RESUBDIV15ION RECORDED NOVEMBER 30, 2000 AS DOCUMENT 200OR0065740, IN MCHENRY COUNTY, ILLINOIS. PARCEL 2: EASEMENT FOR THE BENEFIT OF LOT 1 FOR INGRESSAND EGRESS AND ACCESS TO BULL VALLEY ROAD AS CREATED BY EASEMENT AGREEMENT RECORDED DECEMBER 13, 2000 AS DOCUMENT 2000R0068143, 2. Closed Gas Station & Vacant land ("Ringwood Rd. Site") located at 5520 W. Elm Street, McHenry, PINS: 09-28-251-013, 09-28-251-015 and 09-28-251-018, legally described as follows: LOTS 1 AND 2 IN AMOCO M-2 SUBDIVISION, (EXCEPT THAT PORTION OF LOT 1 TAKEN BY THE DEPARTMENT OF TRANSPORTATION IN CASE 02ED26 AND EXCEPT THAT PORTION OF LOT 2 CONVEYED TO MCHENRY COMMUNITY CONSOLIDATED SCHOOL DISTRICT 15 BY DEED RECORED AS DOCUMENT 2001R0001714) BEING A RESUBUDIVISIN OF LOTS 5 TO 9, BOTH INCLUSIVE, IN A.M. KAUFMAN SUDISIVION OF PART OF THE WEST HALF OF THE NORTHEAST V OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT OF SAID AMOCO M 2 SUVISION RECORDED SEPTEMBER 22, 1989 AS DOCUMENT 89RO31816 IN MCHENRY COUNTY, ILLINOIS. "MYRA THAT PART OF LOT 2 IN AMOCO M-2 SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF NORTHEAST % OF SECTION 28, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT N0. 1989R0031816, DESCRIBED AS FOLLOWS, BEGINNINGAT THE SOUTHEAST CORNER OFSAID LOT2, THENCE NORTHWESTERLY306.20 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 2, BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 3759,80 FEET, A CHORD BEARING OF NORTH 69 DEGREES 39 MINUTES 33 SECONDS WEST, A DISTANCE OF 306.12 FEET TO THE SOUTHEAST CORNER OF LANDS DESCRIBED IN DOCUMENT NO 2009R0023311, THENCE NORTH 00 DEGREES 30 MINUTES 47 SECONDS EAST ALONG THE EAST LINE THEREOF, 253.04 FEET TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 65 DEGREES 21 MINUTES 22 SECONDS WEST ALONG THE IVORTHERL Y LINE THEREOF, 318.44 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 00 DEGREES 33 MINUTES 56 SECOND EAST ALONG SAID WEST LINE, 46.79 FEET TO A LINE 136.14 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 72 DEGREES 53 MINUTES 20 SECONDS EAST ALONG SAID PARALLEL LINE, 604.24 FEEL- TO THE EAST LINE THEREOF; THENCE SOUTH 00 DEGREES 35 MINUTES 48 SECONDS WEST ALONG SAID EAST LINE, 361.24 FEET TO THE PLACE OF BEGINNING, IN MCHENRY, ILLINOIS, 3. Vacant Office Building located ("Office Building Site") located adjacent to the Elm St. Site at 4410 W. Elm Street, McHenry, PIN: 09-27-405-005, legally described as follows: LOT 3 IN BLOCK 2 IN LAKELAND SHORES UNIT NO. 2, BEING A SUBDIVISION OF LOT 'A"IN LAKELAND SHORES UNIT NO 1, BEING A SUBDIVISION OF PART OF SECTION 27, TOWNSHIP 45PART OF THE SOUTHEAST QUARTER OF SECTION 25 AND THE NORTHEAST QUARTER OF SECTION 36, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, B. The City is a home rule municipality and as such has the authority, pursuant to Article VII, Section 6(a) of the Constitution of the State of Illinois of 1970, to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs. C. In recognition of the importance to sustaining a high -quality of life for businesses and residents, it is the City's desire to facilitate a successful business environment and assist in enhancing the long-term viability of existing and proposed businesses. D. The Owner intends to make the following improvements onto the Subject Property, collectively referred to herein as "Site Improvements": 1) no later than December 31, 2020, demolish all existing buildings and structures at the Ringwood Rd. Site; 2) no later than December 31, 2019, demolish all of the buildings and structures at the Office Building Site; 3) no later than December 31, 2019, demolish all the buildings and structures, and remove all underground fuel tanks at the Bull Valley Rd. Site; and 4) to construct and have received a City -issued occupancy permit, no later than December 31, 2020, for a new convenience store of not less than 4,800 square feet and fueling center at the Bull Valley Rd. Site. E. Benefits to the City include removal of dilapidated structures, added revenue and job growth. F. It is essential to the economic and social welfare of the City that it promotes the economic vitality of the community by assuring opportunities for development and redevelopment and sound and stable commercial growth within the corporate limits of the City. G. In order to make it economically feasible for the Owner to agree to successfully accomplish the Site Improvements to the Subject Property the City agrees to share with the Owner a portion of the Base Sales Tax'and Home Rule Sales Tax generated by the Owner at the Subject Property in an amount not -to -exceed $1,000,000, in total. H. Definitions. The following definitions shall apply to terms used in this Agreement: "Base Sales Taxes" means the retailers occupation taxes and service occupation taxes received by the City, generated solely at the Subject Property and by the Owner, from the State of Illinois pursuant to the Service Tax Act (35 ILCS 115/1 et seq.), the Retailers Occupation Tax Act (35 ILCS 120/1 et seq.), and the State Finance Act (30 ILCS 105/6z-18) (as amended), and any taxes that are enacted and imposed as replacements thereto. "Home Rule Sales Tax" means the home rule retailers occupation taxes received by the City, generated solely at the Subject Property and by the Owner, from the State of Illinois pursuant to the Home rule Municipal Retailers` Occupation Tax Act (65 ILCS 5/8-11-1.1) (as said Act may be amended), and any taxes that may be enacted and imposed as replacements thereto. "City's Payment Obligation" means the City`s obligation to pay the Owner Base Sales Tax and Home Rule Sales Tax as set forth in this Agreement. "Commencement Date" means the first February 1 or August I following the Owner completing all Site Improvements, including receiving a Certificate of Occupancy for the Bull Valley Rd. Site Improvements referenced above, and is the first date the City shall pay a Sales Tax Incentive Payment, as defined herein, to the Owner in accordance with the terms of this Agreement. "Event of Default" means a default under this Agreement which remains uncured. "Gross Receipts" means as defined in the Retailer's Occupation Tax Act (35 ILCS 120/1 et seq.). "IDOR" means the Illinois Department of Revenue. "Maximum Total Payment Obligation" shall mean the total amount paid by the City hereunder as of December 31, 2039 or after the maximum total amount payable by the City hereunder if paid, not -to -exceed $1,000,000, which ever event occurs first. "Sales Tax Incentive" means the payments by the City set forth in this Agreement, "Sales Tax Incentive Payment" expressed as a percentage of Base Sales Tax and Home Rule Sales Tax generated by the Owner at the Subject Property, during the Sales Tax Incentive years. "Sales Tax Incentive Year" means the preceding twelve -months of the calendar year. I. The parties agree that the Base Sales Tax and Home Rule Sales Tax being shared hereunder shall only be that Base Sales Tax and Home Rule Sales Tax generated in the future by the Owner not -to -exceed the Maximum Total Payment Obligation. Now therefore, in consideration of the promises and agreements made herein, the adequacy and sufficiency of which is acknowledged by the parties hereto, It is agreed as follows: 1. Authori . This Agreement is made and entered into pursuant to the City's home rule powers and functions as granted in the Constitution of the State of Illinois. 2. Site Improvements. The Owner shall make the Site Improvements in the timeframes described in the Recitals of this Agreement. Time is of the essence. 3. Agreement to Pay/Term of Agreement/Use of Funds. Commencing on the Commencement Date, the City agrees to pay a Sales Tax Incentive to the Owner in an amount outlined below. The City's Payment Obligation shall continue for so long as the Owner is generating, and the City is receiving, Base Sales Taxes and Home Rule Sales Taxes derived from the Subject Property. Provided, however, the City's Payment Obligation hereunder shall expire on the earlier to occur of the following events: (a) December 31, 2039; (b) upon City's payment of the Maximum Total Payment Obligation, or (c) any of the Site Improvements not being timely completed in strict compliance with paragraph 2, above. Time is of the essence; provided, however, in the event of any failure by the Owner to perform due to unforeseen circumstances or causes beyond such party's reasonable control, including acts of God, war, terrorism, riot, embargoes, acts of civil or military authorities, fire, flood or accident, or inability to secure raw materials or labor based upon lack of supply or unreasonable prices, the time for performance by the Owner shall be extended by the time period of any such delay. Notwithstanding the previously stated obligations of the City, if the Bull Valley Rd. Site Improvments are timely completed and the City commences payment of the Sales Tax. Incentive, but the Ringwood Rd. Site Improvments or Office Building Site Improvments are not timely completed, within the time frames set forth in paragraph 2, above, this Agreement shall terminate. In addition, unless a building permit has been issued by the City and obtained by the Owner to raze the buildings at the Ringwood Rd. Site and the site reopens as a fueling .station with a 4,800 minimum square -foot convenience store on or before December 31, 2019, the Ringwood Road Site shall be excluded from the definition of the Subject Property for purposes of receiving a Sales Tax Incentive hereunder. This Agreement shall remain in effect for enforcement and accounting purposes following the expiration of the Term. The Owner also acknowledges the Sales Tax Incentive shall be utilized solely for reimbursement for actual costs incurred for equipment, material and labor costs directly associated with the Site Improvements. After the City's Maximum Payment Obligation is met, the City shall retain 100% of the Base Sales Taxes and Home Rule Sales Taxes generated by the Subject Property, The Sales Tax Incentive shall be paid by the City three times during each Sales Tax Incentive Year, once for the period beginning January 1st and ending April 30t", once for the period beginning May 15t and ending August 315, and once for the period beginning September I" and December 31" (each a "Sales Tax Payment Periodj, in the form of a Sales Tax Incentive Payment, to the Owner. The Sales Tax Incentive Payment shall be equal to 50% of the Base Sales Tax and Home Rule Sales Tax collected by the City relating to the Subject Property in excess of $-29;999.88 per month. $ I1646.47 4. Evidence of Equipment, Material Cost and/or Labor Expenditure. The Owner acknowledges that, prior to any Sales Tax Incentive payment distribution, the Owner shall provide the City with evidence of the Site Improvement expenditures for which reimbursement is being sought including the following information: Paid invoice(s), which includes an itemization of each equipment, material and/or labor expenditure to the extent reasonably available to the Owner; approximate dates when labor, equipment and/or material purchase was completed and/or purchased; company from which labor, equipment and/or material purchase was completed and/or purchased including name, address and federal tax identification number, a reference on the paid invoice(s) indicating the location of the Subject Property and a sworn affidavit from Owner detailing the equipment, material and/or labor costs incurred. 5. Limitation of City Responsibilities. Other than the Sales Tax Incentive agreed to be made pursuant to this Agreement, the City shall have no obligation to incur any expenses or share any revenue associated with the Owner. 6. Sales Tax Reports/Accounting. The Sales Tax Incentive Payment shall be paid by the City to the Owner following the City's calculation of the amount due for the the most recently ended Sales Tax Payment Period,. but not later than fifteen days (15) after the City receives the sales tax report from the IDOR (this report is generally received within forty-five (45) days of the end of each Sales Tax Payment Period). This information will be used by the City in calculating the Sales Tax Incentive Payment due hereunder. The term "Gross Receipts," as used herein, shall have the same meaning as that which is ascribed to it in the Retailer's Occupation Tax Act. The Owner shall maintain and have available forinspectionby the City copies of any all sales tax return, sales tax reports, amendments, proof of payment or any other Sales Tax Information filed with the State of Illinois or other appropriate governmental entity, which documents are being held available for the City for purposes of identifying Base Sales Tax and Home Rule Sales Tax Revenue collected pursuant to this Agreement, The City shall use its best efforts to promptly obtain such Sales Tax Information directly from the IDOR or the State of Illinois. 7. Confidentiality of Financial information. To the extent permitted by law, the City shall endeavor to maintain the confidentiality of the information contained in any financial reports submitted by the Owner and the Sales Tax information received by the City, but shall be permitted to disclose such information and documents to employees and consultants of the City as the City in its sole discretion, deems appropriate in order to monitor compliance and audit this Agreement. The Owner understands and agrees that the provisions of this Agreement and any and all payments to the Owner pursuant to this Agreement are public records. The Owner also agrees to execute any consent form requested by the City and furnish such additional consent, powers of attorney or waivers as may be required by the IDOR to allow the IDOR to furnish to the City Sales Tax Information transacted by the Owner at the Subject Property. The City agrees to utilize Sales Tax Information obtained by it pursuant to the terms of this Agreement solely for the purpose of effectuating the provisions of this Agreement. To the extent permitted by the Illinois Freedom. of Information Act and any other relevant laws, the City shall endeavor to keep such information confidential. The foregoing, however, shall not preclude the City from disclosing such information to the extent it is mandated to do so by court order or to the extent it makes a good faith determination such disclosure is required by law. 8. Provisions Concerning Limitation on Debt. The receipt, or anticipated receipt, of Base Sales Tax and Home Rule Sales Tax Revenue, either directly or indirectly, from the Owner's Site Improvements on the Subject Property, as provided earlier in this Agreement, shall be a condition precedent to any obligation of the City to rebate money to the Owner. 9. Prevailing Wanes to be Paid. Pursuant to 820 ILCS 130/0.01 et seq., not less than the prevailing rate of wages as found by the City or determined by a court on review shall be paid to all laborers, workers and mechanics performing work under the contract relating to the Site Improvements on the Subject Property. Note that the prevailing rate of wages is revised by the Illinois Department of Labor and are available on the Department's official website. In addition, once the project is completed Owner will provide employees who work at these locations benefits, including healthcare, 401K, profit-sharing opportunities in line with its company policy. As part of this agreement Graham Enterprise, Inc. will also pay employees a wage no lower than $10.25 per hour or minimum legal wage whichever is higher, for a term of this Agreement. 10. Special Use and Liquor Licenses. The City agrees to extend current zoning and special use permits currently granted at 4416 Elm Street to the Office Building Site which will allow expansion of the existing convenience store, fueling area and/or carwash, including vacuums and larger drive through payment center. The City will support the efforts to gain a class F3 liquor license at the Ringwood Rd. Site. In addition, the Owner intends to apply for a State Video Gaming License, based on the qualifications of site size and diesel island requirements. It is also assumed that the class F3 liquor license currently at the Bull Valley Rd. Site will remain in place after the development. The City will support these initiatives. 11. No Interest. Limited Obligations. ions. No interest shall be due on the obligations set forth in this Agreement. The Owner acknowledges that (a) the City shall not be required to make any payments of the Sales Tax Incentive to the Owner unless they have then been delivered, to the City the IDOR form Authorization to Release Sales Tax Information to Local Governments that is needed to facilitate the City's Payment Obligation; (b) the City's Payment Obligation is a limited obligation of the City payable solely out of the Base Sales Tax and Home Rule Sales Tax the City receives from the IDOR which are attributable to the gross sales generated at the Subject Property after the completion of the Site Improvements by the Owner; (c) the sole source of the Owner's entitlement to payment of the Sales Tax incentive shall be the aforesaid Base Sales Tax and Home Rule Sales Tax; (d) the City's Payment Obligation shall not be construed as general obligation of the City; and (e) the Owner bears all risk of non-payment resulting from the permanent closure of the Owner's business operation at the Subject Property, 12. Transfer of Pro e� ; Assignment; Estoppel Certificate. If at any time after the Effective Date the Owner transfers any of the Subject Property to a third party, the City shall have the right to hold any Payment Obligation due and owing in escrow until the Owner and transferee jointly notify the City in writing regarding who is entitled to the remaining payments and who is responsible for performing each of Owner's obligations in this Agreement, with sufficient documentation evidencing that the proposed transferee has agreed and accepted such obligations. Upon such transfer and acceptance, the Owner shall have no further obligations under this Agreement, and, subject to a written request by the Owner, the City agrees to promptly deliver to a transferee and estoppel certificate with respect to certain factual matters regarding this Agreement. In no other event shall the Owner assign this Agreement, in whole or in part, or any of its rights or obligations under this Agreement without a transfer of any of the Subject Property without the prior express written approval of the City, which approval may be withheld in the sole and unfettered discretion of the City. 13. Notice. This Agreement shall be binding upon and inure to the benefit of the Parties. Any notices required or contemplated by this Agreement shall be sent by certified mail or via a nationally - recognized private carrier (such as Fed Ex or UPS), as follows: If to Owner: Graham Enterprise, Inc. 750 Bunker Court, Suite 100 Vernon Hills, IL 60061 Attention: John C. Graham If to the City: City of McHenry 333 S. Green Street McHenry, IL 60050 Attention: City Administrator 14. default. In the event of a claimed default under this Agreement, the non -defaulting party shall provide notice of default to the defaulting party. No legal action may be commenced with respect to a claimed default until thirty (30) days after said notice has passed, during which time the claimed defaulting party may cure the claimed default. This Agreement shall be governed by Illinois law without regard to its rules regarding conflicts of law. 15. Enforcement. Any action to enforce this Agreement shall only be filed in the Twenty - Second Judicial Circuit, McHenry County, Illinois, The party who prevails in any such action shall be entitled to recover its reasonable attorney's fees from the other party. 16. Recording. The parties understand and agree that this Agreement or a memorandum of this Agreement may be recorded with the McHenry County Recorder of Deeds. 17. Only Agreement. This Agreement sets forth all the promises, inducements, agreements, conditions and understandings between the Owner and the City relative to the Sales Tax Incentive and there are no other promises, agreements, conditions or understandings, oral or written, express or implied, between them relative thereto. This Agreement may only be amended by way of a written instrument that is signed by both Parties. City of McHenry By: 1 7:4� — 1 1 Q 4eatJ1 ,M or Date Graham Enterprise, Inc., Red Crown Investments, LLC — 137, Red Crown Investments, LLC —138, and Deep Rock Land Company, LLC 104 By: Joh4Gr'h Presiden Me er Date STATE OF ILLINOIS SS COUNTY OF LAKE AcmowLEDGEMEMT I, INr , jj, � MA SI,t. t� W C-0 , a Notary Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT John C. Graham, the President of GRAHAM ENTERPRISE, INC. and a Member of Red Crown Investments, LLC — 137, Red Crown Investments, LLC — 138, and Deep Rock Land Company, LLC — 104, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said City for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 1 1�31 day of April, 2018. Notary Public Z: \M\McHenryCi tyot\Grahain B P\Develop&IncentiveAgmtGray.cloc 3 N v,AJ'ha'W�'h%'irrli4rrip Ol'f"iClAl.. SEAL MELISSA QUIRKS NOTARY P68LIC. STATE Oi ILLINOIS MY COMMISSION EXP(RES:09123118 STATE OF ILLINOIS 66-1 COUNTY OF McHENRY ACKNOWLEDGEMENT i,i��L F1tAt'. �,, a Notary Public in and for and residing in said County and State, DO HEREBY CERTIFY THAT Wayne�Jgtt, the Mayor of the CITY OF MCHENRY personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said City for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this [/ day of April, 2018. Marcia M. Ge Notary Public. Stat of pb My Commission Expir s O6/24/ Public Rental Housing Support Program (RHSP) State Surcharge Exemption Declaration Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support Program State surcharge for the recordation of any real estate -related document unless the entity recording the document is any State agency, any unit of local government or any school district. wsy checking this box and affixing my signature below, I hereby claim that the entity recording this document is a State agency, a unit of local government or a school district and thus claiming to be exempt from the Rental Housing Support Program State surcharge. Nalne of Stat{ agency, bnit of local government or scMol district I I ) A-"04:..,/ cL /K 4eA (, W[ Name of person presenting this declaration (Please Print) Signature of person presenting this (Please RHSP Exemption Declaration Fonn 20170327-I.docx