HomeMy WebLinkAboutOrdinances - O-94-667 - 08/31/1994 - AUTHORIZE 3RD AMENDMENT ANNEX AGMT MCHENRY CORP CEORDINANCE NO. 0-94-667
AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A THIRD AMENDMENT
TO ANNEXATION AGREEMENT DATED JULY 19, 1989 REGARDING
PROPERTY COMMONLY KNOWN AS THE "CONTRACT PARCEL"
WHEREAS, on July 19, 1989, the City of McHenry Corporate
Authorities entered into an Annexation Agreement between the City of
McHenry, Cosmopolitan National Bank of Chicago, as Trustee of Trust No.
28571, Midwest Properties Limited Partnership, Midwest Construction Co.,
Inc., McHenry Corporate Center, Inc., and Prime Development Corp.; and
WHEREAS, said Annexation Agreement dated July 19, 1989 (Original
Agreement) was filed with the office of the McHenry County Recorder of
Deeds on August 14, 1989, as Document Number 89R026256; and
WHEREAS, a First Amendment to said Original Agreement was
approved on March 21, 1994 by the City of McHenry Corporate Authorities
and filed with the office of the McHenry County Recorder of Deeds on May
23, 1994, as Document Number 94R032459; and
WHEREAS, a Second Amendment to said Original Agreement was
approved on August 17, 1994 by the City of McHenry Corporate
Authorities; and
WHEREAS, various parties to the Original Agreement, among others,
have petitioned the Mayor and City Council for approval of a Third
Amendment to said Original Agreement only with respect to a certain
portion of Parcel E (Contract Parcel); and
WHEREAS, a public hearing was held on the Petition before the
Corporate Authorities pursuant to 65 ILCS 5/11-15.1-3 and it is the
desire of the Corporate Authorities to enter into a Third Amendment to
said Original Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of
the City of McHenry, McHenry County, Illinois, as follows:
SECTION 1: That the Mayor be, and is hereby authorized and
directed to execute, and the City Clerk is authorized and directed to
attest and file with the office of the McHenry County Recorder of Deeds
a Certified Copy of this Ordinance approving the Third Amendment to
Annexation Agreement dated July 19, 1989, a copy of which is attached
hereto and made a part hereof as Exhibit "A".
SECTION 2: If any section, paragraph, subdivision, clause,
sentence or provision of this Ordinance shall be adjudged by any Court
of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate or nullify the remainder thereof, which remainder
shall remain and continue in full force and effect.
SECTION 3: All ordinances or parts of ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
Corporate Center Third Amendment to Annexation Agreement, Page 1
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SECTION 4: This Ordinance shall be in full force and effect upon
its passage, approval and publication in pamphlet form (which
publication is hereby authorized) as provided by law.
PASSED this 31st day of August, 1994.
AYES: Bolger. Locke. Bates. Lawson. Baird. Cuda
NAYS: None
ABSENT: None
NOT VOTING: None
ABSTAINED: None
APPROVED this 31st day of August, 1994.
Mayor
ATTEST:
Cit Clerk
Corporate Center Third Amendment to Annexation Agreement, Page 2
(142J)
94-55-2272
September 15, 1994 11:00 am
MCHENRY\AMANNE3RD.COR
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
CITY OF MCHENRY )
THIRD AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
THIS AGREEMENT, effective this 6 r�day of September, 1994, by
and between the CITY OF MCHENRY, a municipal corporation, in the
State of Illinois ("City"), COSMOPOLITAN BANK AND TRUST COMPANY,
successor trustee to COSMOPOLITAN NATIONAL BANK OF CHICAGO, as
Trustee of Trust 28571, 801 N. Clark Street, Chicago, Illinois
("Cosmopolitan"), MIDWEST PROPERTIES LIMITED PARTNERSHIP, 2640 W.
Touhy Ave., Chicago, Illinois ("Midwest Partnership"), MIDWEST
CONSTRUCTION CO., INC., 2640 W. Touhy Ave., Chicago, Illinois, an
Illinois corporation, as General Partner ("Midwest Construction")
and McHENRY CORPORATE CENTER, INC., an Illinois corporation, 4500
Prime .Parkway, McHenry, Illinois ("McHenry Corporate").
Cosmopolitan, Midwest Construction, Midwest Partnership and McHenry
Corporate shall collectively be referred to as "Owners."
INTRODUCTION
Various parties to this Agreement were parties to an
Annexation Agreement dated July 19, 1989 and it is pursuant to 65
ILCS 5/11-15.1 and paragraph 27 of the July 19, 1989 Agreement that
this Third Amendment is being made. The July 19, 1989 Annexation
Agreement shall be referred to herein as the "Original Agreement."
All provisions of this Third Amendment shall only affect only those
portions of Parcels D and E of the Original Agreement as
specifically referenced hereinafter.
94-58-227.�
STATUS OF THE PARTIES
A. At the time the Original Agreement was entered into,
Cosmopolitan held title to Parcels "A" through "E" legally
described on pages 1 and 2 of the Original Agreement.
B. Midwest Partnership is currently the sole owner of loot
of the beneficial interest in Cosmopolitan.
C. The General Partner of Midwest Partnership is Midwest
Construction and it has the authority under a Limited Partnership
agreement to authorize and direct the execution of this Agreement
on behalf of itself, Cosmopolitan and the Midwest Partnership.
D. Currently, title to all of Parcel "E" is held by
Cosmopolitan, with a contract pending for the sale of that part of
Parcel E legally described on "Attachment 1" ("Contract Parcel").
NOW THEREFORE, in consideration of the mutual covenants
contained herein, it is hereby agreed by and between the parties
hereto as follows:
1. The Mayor and City Council shall, contemporaneously with
the execution of this Agreement, enact an ordinance authorizing the
Mayor and Clerk's execution of this Agreement.
2. The Revised Conceptual Plan, dated September 19, 1994, is
attached hereto as "Exhibit A," is approved by the City.
3. , The City agrees to allow title to the Contract Parcel to
be transferred by Cosmopolitan and McHenry Corporate Center, Inc.
by metes and bounds, so long as the Owners hereto fully comply with
the terms of this Agreement.
4. The guidelines attached to the Original Agreement as
Exhibit B are hereby amended only with regard to development of
Parcels "D" and "E." The revised guidelines, as applied to Parcels
"D" and "E" are attached hereto as "Exhibit B."
5. Pursuant to the Subdividers Agreement attached hereto as
"Exhibit C," the City shall issue a building permit to allow
construction of a building on the Contract Parcel, not less than
2
94-58-2274
200,000 square feet in size, legally described and as generally
depicted on Exhibit A. Provided, however, Cosmopolitan or its
successors and assigns shall submit a preliminary plat of
subdivision to the City within 60 days of the execution of this
Agreement and submit a final plat of subdivision to the City within
90 days of preliminary plat approval by the City Council.
6. The City agrees to accept the proposed extension of
Ridgeview Drive, from its existing terminus at the northern
boundary line of Parcel "D" to the northern boundary of Parcel "E,"
prior to final surface course of asphalt and shoulder seeding,
subject to McHenry Corporate and Midwest Partnership's strict
compliance with the following conditions:
a. Prior to acceptance, the City's consulting engineer
must have previously approved the constructed improvements;
b. Prior to acceptance, all constructed improvements
must have been completed in accordance with all City ordinances and
requirements, except for the application of the final surface
course of asphalt and shoulder seeding;
C. .Prior to acceptance, location of the height of
manholes and manhole covers must be approved by the City's public
works director so as to allow snow plowing without damage to the
City's equipment;
d. Prior to acceptance, a letter of credit, approved by
the City, must be filed with the City in accordance with applicable
City ordinances and procedures, securing timely completion of the
final surface course of asphalt and shoulder seeding; and
e. The City's acceptance shall not be construed to
excuse the obligations of McHenry Corporate, Midwest Partnership or
Cosmopolitan to complete the final surface course of asphalt and
shoulder seeding of the proposed extension of Ridgeview Drive in
accordance with all City ordinances, rules and regulations.
7. Owners agree that, for a period of one year from the
execution of this Agreement, title to the area depicted and legally
3
94 -58 -2275
described on Exhibit A as "proposed City R.O.W." shall not be
encumbered with any improvements, liens or mortgages of any sort.
Provided, however, a memorandum of option reflecting an option
agreement by and between McHenry Corporate and the optionee
thereunder granting optionee the right to purchase a portion of the
contract parcel, which option right shall be subject to the
proposed City R.O.W. reserved in this paragraph number 7, which
portion includes the proposed City R.O.W. depicted on Exhibit A,
shall not constitute a violation of this Agreement. The optionee,
as well as all successors in interest to the Owners of the Contract
Parcel, shall otherwise be bound by the restriction contained in
this paragraph 7. During this one-year period, the Owners shall
cooperate with the City to obtain required permits to cross the
existing railroad tracks lying west of the Property. In the event
the required permits are obtained, the Owners shall cause all
necessary documents to be executed transferring title, at no charge
to the City, free and clear of all liens, to the "proposed City
R.O.W." for street and utility purposes. In the event that said
permits are not so obtained, the right of the City to take title to
said "proposed City R.O.W." thereafter shall expire. At any time
during the one-year period referred to in this Paragraph 7, Owners
may request the City to amend this Agreement, in writing, to waive
this reservation provision.
8. The Owners hereby grant to the City the right of the
City's snowplows to travel upon a sufficient part of the Contract
Parcel north of Miller Parkway depicted on Exhibit A to turn the
City snowplows around while plowing Miller Parkway. Subsequent to
the execution of this Agreement, the City anticipates this right
being reduced to a formal permanent easement of dedication,
however, the grant contained in this paragraph 8 shall be construed
as an easement in favor of the City until such time that this
Agreement is further amended or modified by separate easement
document.
9. This Third Amendment shall not be construed to extend the
term of the Original Agreement.
4
94-58-2276
10. a. In the event that this Third Amendment or the
Original Agreement are challenged in any court, for any reason, and
the City is made a party to any such lawsuit, McHenry Corporate
shall indemnify and reimburse the City, upon demand, for any and
all loses or damages incurred therein, including all attorneys
fees, expert witness fees and costs incurred in the defense of such
a lawsuit.
b. In the event that any party to this Agreement files
suit in any court to enforce the terms of this Agreement, the
prevailing party shall be entitled to recover from the losing
party, all loss or damage incurred therein, including all attorneys
fees, expert witness fees and costs incurred by the prevailing
party.
11. The agreements contained herein shall be deemed to be
covenants running with the land during the term of this Agreement,
shall be binding upon the heirs, executors, successors and assigns
of the parties, including the contract purchaser of that part of
Parcel E described in recital D, above, and a copy of this
Agreement shall be filed in the office of the McHenry County
Recorder of Deeds.
12. The provisions of this Agreement shall be deemed to
separable, and if any section, paragraph, clause, provisions or
item of this Agreement shall be held invalid, such provisions shall
be deemed to be excised therefrom and the invalidity of such
section, paragraph, clause, provision or item shall not affect any
other provision of this Agreement.
13. Except as herein modified, all the terms, conditions and
provisions of the Original Agreement shall stand and be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have• hereunto set their
hands and seals, and have caused this instrument to be executed by
5
94-58-2277
their duly authorized officials and the corporate seal attached
thereto, all on the day and year first above written.
CITY OF MC Y
B
2
I� Mayor
Attest:
,�' Q, aoA
City C rk
94-58-2278
Nnk 4 Tr AO, not In Ks lndlvl"
fcecuted• and delivered by copwCiol� for the purpose
cap.aty. but solely in the caPatY�� K b slYunderstood srA
binding the heren hsreM to the aetd+erY
agreed by �e tfiat eac�e ts
@a r"" wrete.�°nd uripun�datanng •�
„ot in nade, a � V*wA@d „pt Y personaft
herein made, are made aX for tm rArpo" f b b"s t1w eracfM
Trustee
a ,rents of the d*send by � eok Willy or
lb. rs confe,",pon K ea wda Trustee. and no was rwa be
of the allrr"FondbQlty 4 aswoed by a itw'ea or an woux* of any
anforoed against said Trusbbs eWKr eapreew or
undarta g nt berdn r4 wd by
such Pe .sonalllllabilit f any being ��� rshed aid
tMou�', a rrrdsr a'""
all other parties hereto. "m those
Attest:
* X. )2�
Its
LAND TRUST ADMINISTRATOR
PETITIONERS:
COSMOPOLITAN BANK AND TRUST,
Successor to Cosmopolitan National Bank, as
Trustee of Trust 28571 MM 110? PZRSONAMY
By: Z�� 14
Its VICE PRESIDENT & TRUST OFFICER
MIDWEST
PARTNER
CONSTRUCT
By:
Its Pr
Attest:
Its S ee-,' e fa ,,'K MIDWEST COI
Illinois corporal
Attest:
Its /
5ec1-ei,-, y'
Daniel F. Curran
HOLMSTROM & KENNEDY, P.C.
8600 Rte 14 Suite 201
Crystal Lake, IL 60012
m\prime.pet August 10, 1994
:OPERTIES, LIMITED
IP, BY MID ST
f CO., INC., tr l fiw7t�-
i le'H—
RUCTION CO.,
as its general /,
Its � 7
w
MCHENRY CORPORATE CENTER, INC., an
Illinois corporation, as managing venturer
By:
Its
94-58-2279
Cosmopolitan Bank and Trust, Successor to
Cosmopolitan National Bank, Trustee under
Trust No. 28571 ,I} VT p=WNA LY
STATE OF ILLINOIS
COUNTY OF
Signed by the Cosmopolitan Bank and Trust, Successor to Cosmopolitan
National Bank, as Trustee under Trust No. 28571 and not personally, but solely as Trustee
under a certain Trust Agreement. Said Trust Agreement is hereby made a part thereof and
any claims against said Trustee which may result from the signing of this Third Amendment
to the Annexation Agreement shall be payable only out of any trust property which may be
held thereunder, and said Trustee shall not be personally liable for the performance of any
of the terms and conditions of this Third Amendment to the Annexation Agreement or for
the validity or condition of the title of said property or for any agreement with respect
thereto. Any and all personal liability of the Cosmopolitan National Bank, is hereby
expressly waived by the parties hereto and their respective successors and assigns.
Vice- Pqe-SJcV�-t
STATE OF ILLINOIS )
COUNTY OF-ivfcHENRY )
Cook
Cosmopolitan Bank and Trust, Successor to
Cosmopolitan National Bank, as Trustee under
Trust No. 28571
Trust Officer
Attest:_,
LAND TRUST ADMINISTRATOR
I, the undersigned, Notary Public in and for theCounty and State aforesaid, do
hereby certify that the foregoing - 1115 s Yl. SKde viand f eri i4- 10,rc4 Arespectively
the Trust Officer and Assistant Trust Officer of the Cosmopolitan Bank and Trust, Successor to
Cosmopolitan National Bank, as Trustee aforesaid, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as said Trust Officer and Assistant Trust
Officer, respectively, appeared before me this day in person and severally acknowledged that they
signed and delivered said instrument as their own free and voluntary act of said Trustee for the uses
and purposes therein set forth, and that said Trust Officer then and there acknowledged that he, as
custodian of the Corporate Seal of said Trustee, caused the Corporate Seal to be affixed to said
instrument as said Trust Officer's own free and voluntary act and as the free and voluntary act of the
National Banking Association for the uses and purpos s therein set forth.
� S
p�x OFFICIAL 5AL Notary Pu
My Commiss' nrvt3l' Y Puna, y�l�v�;_
MY_.Cd�,+M s iON �xp AI $1 1a siS
94-58-2280
STATE OF ILLINOIS )
COUNTY OF McHENRY )
MIDWEST CONSTRUCTION CO., INC., as a general partner of MIDWEST
PROPERTIES LIMITED PARTNERSHIP, an Illinois Partnership, being first duly sworn upon
their oaths depose and say that they have read the foregoing Third Amended Annexation
Agreement by them subscribed; that they have personal knowledge of the contents thereof and
that the contents thereof are true in substance and in fact and has the power to execute this
Agreement on Behalf of MIDWEST PROPERTIES LIMITED PARTNERSHIP.
Attest:
Its
Subscribed and swore to
before m/g this 1A En
day of lC 1994
DOROTHY j jAHN
NOTARY PUBLIC STATE OF
MY COMMISSION EXP. FEB.
LN
9
Its
94-58-2281
STATE OF ILLINOIS )
COUNTY OF MCHENRY )
MCHENRY CORPORATE CENTER, INC.,
�, an Illinois 'coJLJL-L r o ra t i o nand the owner of 100 % of the beneficial ownership in
McHenry State Bank Trust 12894, being first duly sworn on their oaths depose and say that
they have read the foregoing Third Amendment to the Annexation Agreement by them
subscribed; that they have personal knowledge of the contents thereof and that the contents
thereof are true in substance and in fact and have the power to execute this Agreement on behalf
of MCHENRY CORPORATE CENTER INC.
Attest:
Subscribed and sworn to before me this
/6,7* day of �CPTfm QGP-, 1994.
cti
Notary Public
OFFICIAL SEAL'
Barbara A. Grant ;
Notary Public, State of Illinois
My Commission Expires 4/27/96
CC«fcK<tttttcKC<tcKK(tKttctc(ccKCccC<KCCCC
10
94-58-2282
ATTACHMENT 1 TO
THIRD AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
20.006 +/- ACRES NET AREA - PARCEL C ON EXHIBIT "A" CONCEPT PLAN
Part of the Northeast Quarter of Section 9 and part of the
Northwest Quarter of Section 10, all in Township 44 North,
Range 8 East of the Third Principal Meridian described as
follows: Beginning at the Northwest Corner of McHenry
Corporate Center Unit 2, being a Subdivision of part of the
Northeast Quarter of said Section 9 and part of the Northwest
Quarter of said Section 10, according to the Plat thereof
recorded October 26, 1990 as Document No. 90R039963; thence
Northeasterly 848.52 feet along the easterly right-of-way
line of the Chicago and Northwestern Railway Company, said
right-of-way line being a curve, concave Southeasterly,
having a radius of 5679.58 feet and a chord bearing North 15
degrees 25 minutes 31 seconds East, 847.73 feet; thence South
89 degrees 48 minutes 02 seconds East, 935.88 feet; thence
South 00 degrees 48 minutes 59 seconds East, 818.10 feet to
the Northerly line of said McHenry Corporate Center, Unit 2
Subdivision; thence North 89 degrees 48 minutes 02 seconds
West, 1173.02 feet along said Northerly line to the place of
beginning, in McHenry County, Illinois.
94-58-2283
EXHIBIT B TO
THIRD AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
The following changes, as applied to Parcels "D" and "E,"
referred to in the Third Amendment to Annexation Agreement dated
July 19, 1989, shall be made to Exhibit B attached to the original
Agreement:
1. Paragraph B.1 shall be deleted in its entirety and in
lieu thereof the following shall be added:
1. Development Standards:
(a) Front Yard Setback - Fifty (50) feet for
building, twenty-five (25) feet for parking
(25 feet green space, between front parking
curb and right-of-way.
(b) Side Yard Setback - Fifteen (15) feet
building, five (5) feet parking, (5 feet green
space from parking lot to property line).
(c) Rear Yard Setback- Twenty (20) feet building,
five (5) feet parking (5 feet green space from
parking lot to property line.
In the event that parking is placed in the
front yard, then the building shall be set
back a minimum from the back curb of the
parking area to allow for a ten (10) foot
buffer between the parking area and the
building. The front parking area shall be
partially screened from view from the street
by berming or landscaping.
2. Paragraph B.7 shall be deleted in its entirety an in lieu
thereof the following shall be added:
7. Storage Areas•
Storage, service, maintenance and loading areas
must be constructed, maintained, and used in
accordance with the following conditions:
No materials, supplies, or equipment shall be
stored upon a site except inside a closed building
or behind a durable material wall not less than six
(6) feet in height, screening such material,
supplies or equipment from adjacent sites so as not
to be visible from neighboring properties and
street. No stored items may protrude above the
screen. The outdoor storage of uncontained
94 -58 -2285
building material is prohibited. Any outdoor
storage areas shall be located in the side or rear
yard adjacent to the main structure and not exceed
1,000 square feet in area. Of course, any
attempted variation to these standards would
require a city Special Use Permit.
All trash receptacles and storage areas, service
yards, electrical cage enclosures, incinerators and
similar equipment for the disposal of materials and
storage tanks, shall be screened from view from
access streets and front yards of adjacent
properties by means of a fence, berm, wall or dense
opaque landscaping materials. Deposited refuse
shall not be visible from outside the refuse
enclosure. Storage areas shall be kept in a neat
and orderly manner. The contents of all storage
and trash areas must be directly related to the
primary use of the business. Refuse collection
enclosures shall be designed of durable materials
with finishes and colors which are unified and
harmonious with the overall architectural them.
Silos and other tall containers shall not be placed
on front yards or other conspicuous locations and
shall not exceed the building height requirements
listed below.
3. Paragraph B.8 shall be deleted in its entirety and in
lieu thereof the following shall be added:
8. Loading:
Sufficient space for loading and unloading shall be
provided on each lot to accommodate trucks not less
than seventy (70) feet in length. Improvements
shall be designed and located on each building site
so that vehicles may not be loaded or unloaded on
or from any street. All docks which face Route 31,
Prime Parkway and Dayton Streets or opening onto a
yard which is adjacent to a residential district
must be interior and enclosed. Such exterior docks
shall be designed as to not hamper pedestrian
movement in and out of the building. Street side
exterior docks shall be strongly discouraged.
4. Paragraph B.9 shall be deleted in its entirety and in
lieu thereof the following shall be added:
9. Architecture:
(a) Building exterior wall materials:
2
94-58-2286
For buildings of less than 20,000 square feet,
the front exterior walls shall be defined as
the closest wall to the most major streets the
property adjoins and shall be of masonry,
stone, glass or architectural precast concrete
panels. The side exterior walls may be of
metal except that the lower third or lower
seven (7) feet, which ever is less, of the
wall shall be of masonry, stone, glass or
architectural precast concrete panels. In no
event shall concrete blocks be allowed on any
exterior surface of a building. Factory
colored "split faced block" (or equal) is
acceptable.
For buildings of more than 20,000 square feet,.
the same restrictions as above shall apply,
except that the lower €our (4) feet of the
side exterior wall shall be of masonry, stone,
or architectural precast concrete panels.
(b) Height Limitations - No building erected shall
exceed thirty-five (35) feet in height. If
building exceeds thirty-five (35) feet in
height, the front yard setback shall be
increased by. one (1) foot for every one (1)
foot in excess of thirty-five (35). The
maximum height to be fifty (50) feet.
(c) The floor/land area ratio shall not exceed
.85.
5. , Except as herein modified, all the terms, conditions and
provisions of Exhibit B to the Original Agreement shall remain in
full force and effect.
END OF EXHIBIT B TO THIRD AMENDMENT TO
ANNEXATION AGREEMENT
DATED JULY 19, 1989
3
94-58-2287
EXHIBIT C TO
THIRD AMENDMENT TO ANNEXATION AGREEMENT
DATED JULY 19, 1989
SUBDIVIDERS AGREEMENT
This Subdividers Agreement, which is attached to and made
a part of the Third Amendment to Annexation Agreement dated July
19, 1989, is binding on all parties thereto:
Recitals
A. By virtue of the execution of the Original Agreement,
as defined in the Third Amendment to the Annexation Agreement
dated July 19, 1989, Parcel "E," was annexed into the corporate
limits of the City.
B. Cosmopolitan and McHenry Corporate desire to have a
building permit issued on the Contract Parcel of Parcel "E," as
defined in said Third Amendment, prior to the City 's approval of
the required plats of subdivision.
NOW, THEREFORE, in consideration of the foregoing premises
and in further consideration of the mutual covenants, agreements
and conditions herein contained, the parties hereto agree as
follows:
1. The City shall issue a building permit for the Contract
Parcel upon (1) conveyance of title of the Contract Parcel from
Cosmopolitan to a third party; (2) submission by Cosmopolitan to
the City of the revised conceptual plan referred to in the Third
Amendment to Annexation Agreement dated July 19, 1989; and (3)
compliance with those provisions of the City's Subdivision
Control Ordinance relating to the engineering and design criteria
94-58-2288
for storm water management, installation of municipal sewer and
water and erosion control methods and all other City ordinances
relating to said criteria.
2. Upon issuance of the Contract Parcel building permit,
and within the time frames referred to in paragraph 5 of the
Third Amendment to the Annexation Agreement dated July 19, 1989,
all parties hereto agree to comply with all remaining provisions
of the City's Subdivision Control Ordinance, all other City
ordinances, the terms of the Original Agreement and the Third
Amendment to Annexation Agreement dated July 19, 1989, relative
to development of the Contract Parcel.
3. All parties expressly agree that the City shall have
the right and obligation to withhold final plat approval or
issuance of an occupancy permit, relative to the building to be
constructed on the Contract Parcel, subject to full compliance
with all terms of the Original Agreement, Third Amendment to
Annexation Agreement dated July 19, 1989, the City's Subdivision
Control ordinance and all other City regulations and ordinances.
4. All parties hereto release the City, its officers and
employees from any and all liability for damages caused and waive
any right to file suit against the City, its officers and
employees, on any legal theory, as a result of the City's refusal
to issue an occupancy permit in the future' on the Contract
Parcel. Provided, however, the City shall not unreasonably
withhold its approval of the final plat of subdivision or
occupancy permit of the Contract Parcel.
2
94-58-2289
f
5. The parties hereto agree that the expedited issuance
of the building permit on the Contract Parcel shall not entitle
Cosmopolitan, McHenry Corporate or any other party ,to this
Agreement to obtain expedited permits on any other parcel of
property in the corporate center.
3
94 -58 -2290