Included - Village of Huntley

PUBLIC MEETING NOTICE AND AGENDA
VILLAGE OF HUNTLEY
VILLAGE BOARD MEETING
THURSDAY, MAY 8, 2014
7:00P.M.
1.
Call to Order
2.
Pledge of Allegiance
3.
Public Comments
4.
Public Hearing - Annexation of 131 +/- acres adjacent to the south boundary of Freeman Road
and immediately east of and adjacent to the Huntley Outlet Mall
A public hearing will be held before the Board of Trustees of the Village of Huntley upon the
application of Co-Petitioners, namely Component Management Group, LLC, Weber-Stephen
Products, LLC and Duke Realty Limited Partnership for the purpose of considering and hearing
testimony as to an ordinance authorizing the execution of an Annexation Agreement in regard to the
annexation of the Subject Property to the Village of Huntley
5.
Consent Agenda:
(All items listed under Consent Agenda have been discussed at the Committee of the Whole and may be
approved/accepted by one motion. The Village Clerk will number all Ordinances and Resolutions in
order, following approval)
a) Approval ofthe May 8, 2014 Bill List in the amount of$185,090.64
b) Approval of an Ordinance Approving (i) a Plat of Resubdivision and (ii) Site Plan
Review including approval of such relief and (iii) waiver of fees to accommodate the
proposed office/warehouse facility at 13700 George Bush Court
c) Consideration of an Ordinance Annexing approximately 131 acres adjacent to the south
boundary of Freeman Road and immediately east of and adjacent to the Huntley Outlet
Mall as requested upon the application of co-petitioners Component Management Group,
LLC, Weber-Stephen Products LLC and Duke Realty Limited Partnership to the Village
of Huntley Kane and McHenry Counties
d) Approval of an Ordinance Rezoning Upon Annexation approximately 131 acres adjacent
to the south boundary of Freeman Road and immediately east of and adjacent to the
Huntley Outlet Mall from "F" Farming in Kane County to "ORI-PUD" Office I Research
I Industrial Planned Unit Development and Preliminary Plat of Subdivision, Preliminary
Planned Unit Development, and Special Use Permit for Component Management Group,
LLC, Weber-Stephen Products LLC and Duke Realty Limited Partnership
e) Approval of an Ordinance Authorizing the Execution of an Annexation Agreement for
approximately 131 acres adjacent to the south boundary of Freeman Road and
immediately east of and adjacent to the Huntley Outlet Mall with Component
Management Group, LLC, Weber-Stephen Products LLC and Duke Realty Limited
Partnership
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f) Approval of an Ordinance Authorizing the Approval and Execution of a Business
Development Agreement between the Village of Huntley, Duke Realty Limited
Partnership and Weber-Stephen Products LLC
g) Approval of a Resolution for a FY14 Budget Amendment to the Municipal Building
Fund in the amount of $25,000.00 for Village Board Room updates
6. Items Removed from the Consent Agenda
a) Approval of a Resolution Authorizing Waiving the Formal Bidding Process and
Authorizing Execution of a Contract with Peerless Fence of West Chicago, IL for
Installation of the Kreutzer Road Sight Barrier
7. Village Attorney' s Report
8. Village Manager' s Report
9. Village President's Report
10. Unfinished Business
11. New Business
12. Executive
a)
b)
c)
d)
e)
f)
g)
h)
i)
Session
Probable or Imminent Litigation and Pending Litigation
Contractual
Property Acquisition, Purchase, Sale or Lease of Real Estate
Appointment, Employment, Dismissal, Compensation, Discipline and Performance of an
Employee of the Village of Huntley
Collective Bargaining
Appointment, Discipline or Removal Public Officers
Appointment of a Public Officer
Review of Closed Session Minutes
Other
13. Possible Action on any Closed Session Item
14. Adjournment
MEETING LOCATION
Village of Huntley Municipal Complex
I 0987 Main Street
Huntley, IL 60142
The Village of Huntley is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with
disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or
participate in this meeting, or who have questions regarding accessibility of the meeting or the facilities, are requested to
contact Mr. David Johnson, Village Manager at 847-515-5200. The Village Board Room is handicap accessible.
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May 1, 2014
Committee of the Whole Meeting
Agenda Item:
Public Hearing – Annexation of 131+/- acres adjacent to the south
boundary of Freeman Road and immediately east of and adjacent to the
Huntley Outlet Mall
Department:
Development Services, Planning and Zoning Division
A public hearing will be held before the Board of Trustees of the Village of Huntley upon the
application of Co-Petitioners, namely Component Management Group, LLC, Weber-Stephen
Products, LLC and Duke Realty Limited Partnership for the purpose of considering and hearing
testimony as to an ordinance authorizing the execution of an Annexation Agreement in regard to
the annexation of the Subject Property to the Village of Huntley
Exhibit
• Public Hearing Notice
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PUBLIC HEARING
BEFORE THE VILLAGE BOARD OF TRUSTEES
OF THE VILLAGE OF HUNTLEY
IN THE MATTER OF THE APPLICATION OF
Component Management Group, LLC,
Weber-Stephen Products, LLC and Duke Realty Limited Partnership
c/o Peter C. Bazos, Esq.
1250 Larkin Ave., Suite 100
Elgin, IL 60123
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LEGAL NOTICE
Notice is hereby given by the Village of Huntley, Illinois, in compliance with its
municipal codes and ordinances, that a public hearing will be held before the Board of Trustees
of the Village of Huntley upon the application of Co-Petitioners, namely Component
Management Group, LLC, Weber-Stephen Products, LLC and Duke Realty Limited Partnership
relating to the following described real estate (the “Subject Property”):
The legal description of the Real Estate that is the subject of this Legal Notice is
comprised of the following described real estate, or such lesser portion thereof as may
ultimately be approved for annexation and development by the Co-Petitioners and by the
Village of Huntley:
Parcel 1:
That part of the northeast ¼ and that part of the northwest ¼ of the southeast ¼ of
Section 16, Township 42 north, Range 7 east of the Third Principal Meridian, lying
northerly of the northerly right of way line of the Northwest Toll Highway (excepting
therefrom that part of the northwest ¼ of the southeast ¼ lying easterly of a line that is
145.0 feet westerly of, measured at right angles thereto, and parallel with the east line of
said northwest ¼ of the southeast 1/4 , and also excepting that part of the northwest ¼ of
the southeast ¼ taken by the Illinois State Highway Commission as parcel #N-4C-40.1)
in the Township of Rutland, Kane County, Illinois.
Parcel 2:
That part of the northwest ¼ of the southeast ¼ of Section 16, Township 42 north, Range 7
east of the Third Principal Meridian, lying northerly of the northerly right of way line of the
Northwest Tollway and lying easterly of a line 145 feet westerly, measured at right angles
and parallel with the east line of the west ½ of the northeast ¼ and said line extended
southerly (except that part taken for highway) in Rutland Township, Kane County, Illinois.
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commonly known as approximately 165 acres adjacent to the south boundary of Freeman Road
and immediately east of and adjacent to the Huntley Outlet Mall.
The public hearing on this application will take place at the meeting of the Board of
Trustees held on Thursday, May 8, 2014 at 7:00 PM, at the Village Board Room, 10987 Main
Street, Huntley, Illinois 60142, for the purpose of considering and hearing testimony as to an
ordinance authorizing the execution of an Annexation Agreement in regard to the annexation of
the Subject Property to the Village of Huntley, Illinois.
It is proposed that the Subject Property be zoned ORI-PUD and used for an
office/research/industrial development within the ORI-PUD zoning district with those uses
allowed in the Village of Huntley’s ORI zoning district, as amended by the proposed Annexation
Agreement. An accurate map of the Subject Property proposed to be annexed to the Village and
the form of the proposed Annexation Agreement are on file with the Village Clerk.
You are further notified that the proposed Annexation Agreement may be changed,
altered modified, amended or redrafted in its entirety after the public hearing.
All interested parties are invited to attend this public hearing and will be given an
opportunity to be heard. The public hearing may be continued or adjourned to a new date, time,
and place in accordance with the requirements of the Illinois Open Meetings Act.
By order of the Corporate Authorities of the Village of Huntley, Kane County and
McHenry County, Illinois.
/s/ Rita McMahon
Village Clerk
Village of Huntley
TO BE PUBLISHED IN THE NORTHWEST HERALD ON APRIL 23, 2014
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DRAFT
ANNEXATION AGREEMENT
Re: Duke Realty Corporation Huntley DC Subdivision
THIS AGREEMENT, made and entered into this _____ day of May, 2014, by and
between THE VILLAGE OF HUNTLEY, an Illinois municipal corporation, (hereinafter
referred to as the “Village”), and Component Management Group, LLC (hereinafter referred
to as “Owner”), and Duke Realty Limited Partnership, an Indiana limited partnership, being
the contract purchaser of a portion of the Development Property hereafter described (hereinafter
referred to as “Purchaser”). The Village, the Owner and the Purchaser are each sometimes
hereafter individually referred to as a “Party” or collectively as the “Parties”.
W I T N E S S E T H:
WHEREAS, the Owner is the legal owner of record of approximately 131.1 acres of real
property legally described and depicted on the Plat of Annexation attached hereto as Exhibit A-1
and by this reference incorporated herein and made a part hereof (hereinafter referred to as the
“Property”); and
WHEREAS, that approximate 123.4 acre portion of the Property that is intended to be
developed as hereafter described shall sometimes be referred to as the “Development Property”,
or as all Lots within the Subdivision, while the eastern-most approximate 6.8 acres of the
Property (the “Contiguity Property”) is not intended to be developed and is included only to
achieve contiguity of the Village’s corporate limits to the unincorporated land to the East and the
remainder of the Property is to be dedicated as additional right-of-way for Freeman Road; and
WHEREAS, the Property is presently situated within the unincorporated areas of Kane
County and is adjacent and contiguous to the corporate boundaries of the Village; and
WHEREAS, no electors reside on the Property; and
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WHEREAS, the Purchaser is the contract purchaser from the Owner of the
approximately 89.76 acre portion of the Development Property which is legally described on
Exhibit A-2 attached hereto and depicted as Lot 1 (with Lot 1 and Outlot A and Outlot B
collectively referred to herein as “Lot 1”) on the preliminary plat of subdivision (the
“Preliminary Plat”) of the Duke Realty Corporation Huntley DC Subdivision (the “Subdivision”)
attached hereto as Exhibit B; and
WHEREAS, the lots (collectively the “Lots” or “Subdivision Lots”) within the
Subdivision (with the Subdivision being coextensive with the Development Property) are
intended for development consistent with the ORI-PUD zoning (as hereafter defined); and
WHEREAS, the Owner and Purchaser desire to annex the Property to the Village
pursuant to the terms and conditions hereinafter set forth; and
WHEREAS, the Owner and Purchaser (as assignee from Weber-Stephen Products, LLC,
hereafter “Weber”), did, on March 28, 2014, jointly file an application with the Village (the
“Development Application”) seeking with respect to the Property (i) annexation to the Village
pursuant to Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-1-8 (1992), (ii) the
approval of a preliminary plat for the proposed Subdivision as to the Development Property, and
(iii) the classification of the Development Property into the Village’s ORI-Office, Research,
Industrial zoning district with a planned unit development (“ORI-PUD”); and
WHEREAS, said Development Application seeks annexation of the Property conditional
upon the execution of this Agreement; and
WHEREAS, the annexation of the Property shall extend the corporate limits of the
Village; and
WHEREAS, it is the desire of the Parties that the use and further development of the
Development Property proceed, as soon as practicable, in accordance with this Agreement and
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the ordinances and resolutions adopted as herein provided, and with all other ordinances and
codes of the Village, except as the same may be modified herein; and
WHEREAS, the Parties desire to enter into an Agreement with respect to the annexation
of the Property and various other matters pursuant to Section 11-15.1-1 et seq. of the Illinois
Municipal Code, 65 ILCS 5/11-15.1 set seq. ; and
WHEREAS, all public hearings required by law have been held pursuant to all required
notices by the corporate authorities, and/or the Plan Commission of the Village upon the matters
covered by this Agreement; and
WHEREAS, notice has heretofore been served on all individuals and entities, both
public and private, who are entitled to such notice under the laws of the State of Illinois and in
particular pursuant to Section 7-1-1 of the Illinois Municipal Code, 65 ILCS 5/7-1-1; and
WHEREAS, the corporate authorities of the Village, after due and careful consideration,
have concluded that the annexation and development of the Property, upon the terms and
conditions hereinafter set forth, would further the growth of the Village and enable the Village to
control the development of the area and serve the best interests of the Village; and
WHEREAS, by favorable vote of at least two-thirds (2/3) of the corporate authorities of
the Village then holding office, an ordinance has heretofore been adopted authorizing the
execution of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants,
conditions and agreements hereinafter set forth, the Parties hereto mutually agree as follows:
ARTICLE I
Recitals
The foregoing recitals are hereby incorporated into and made a part of this Agreement as
if fully set forth.
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ARTICLE II
Annexation
Subject to the provisions of Section 7-1-8 of the Illinois Municipal Code, 65 ILCS 5/7-18, the Village agrees to enact an ordinance annexing the Property, including all adjacent
unincorporated roads and highways (the “Annexation Ordinance”) immediately upon the
execution of this Agreement, and the Parties respectively agree to do all things necessary or
appropriate to cause the Property to be duly and validly annexed to the Village on such execution
date or as soon as reasonably practicable thereafter.
ARTICLE III
Zoning and Subdivision Approval
3.1
Zoning District. Immediately following the execution of this Agreement and the
adoption of the Annexation Ordinance, the Corporate Authorities of the Village shall adopt an
ordinance in the form attached hereto as Exhibit C (the “ORI-PUD rezoning and special use
ordinance”) that shall:
(i)
rezone the Development Property under the Huntley Zoning Ordinance as “ORI-
PUD” Office, Research, Industrial District;
(ii)
approve a Special Use for a planned unit development for the Development
Property;
(iii)
approve the Preliminary Planned Unit Development Plan for Lot 1 of the
Development Property as attached hereto as Exhibit C (“Preliminary PUD Plan”); and
(iv)
approve the Preliminary Plat for the Subdivision and the associated preliminary
engineering ( the “Preliminary Engineering”), each as attached hereto as Exhibit B ; and
(v)
allow for the variations, exceptions and departures from certain provisions of the
Village Code as specifically set forth in the PUD Plan, this Agreement and as are detailed on
Exhibit D attached hereto and incorporated herein (collectively, the “Variations”).
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As soon as practicable following the annexation of the Property, the Purchaser shall
proceed to file with the Village such materials as may be required to allow the Village to approve
(i) a final planned unit development plan for proposed Lot 1 of the Development Property
(“Final PUD”) consistent with the approved Preliminary PUD, and (ii) a final plat of subdivision
(“Final Plat”) as to the Development Property consistent with the approved Preliminary Plat and
Preliminary Engineering, all as more fully provide in Article IV below.
It is expressly acknowledged that the Owner has elected to not pursue at this time the
approval of a preliminary or final PUD Plan for portions of the Development Property outside of
proposed Lot 1 (the “Remaining Lots”) and, as such, no development of the Remaining Lots may
be undertaken (other than in connection with the construction of the private roadway shown on
the Preliminary Plat and the installation of the utilities situated therein) until the Owner shall
obtain preliminary and final PUD approval from the Village.
Nevertheless, the Village
acknowledges and agrees that the Owner’s Retained Lot labeled “Lot 5” on the Preliminary Plat
shall be allowed to have a full, direct access to Freeman Road, which access shall be approved as
part of any preliminary and final PUD approval for such Lot 5.
The Parties acknowledge and agree that the Owner may, at its expense, and without the
need to amend this Annexation Agreement, further extend to the south, on the Owner’s land, the
private road labeled “Weber Drive” on the Preliminary Plat subject to first procuring all required
Village permits.
3.2
Effect of rezoning and special use ordinance. Unless changed by the Village at
Owner’s or Purchaser’s request, the provisions of the ORI-PUD rezoning and special use
ordinance providing for the aforementioned ORI-PUD shall be permanent and shall remain in
effect for the term of this Agreement. Such zoning shall also remain in effect after expiration of
such term unless thereafter amended in accordance with applicable law by the amendment of the
ORI-PUD rezoning and special use ordinance. Additionally, the Special Use granted by the
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ORI-PUD rezoning and special use ordinance on the Development Property shall not lapse or
expire at any time or upon the occurrence of any event or upon the failure of any event to occur.
3.3
Variations. Except for the Variations as set forth herein and on Exhibit D, Owner
or Purchaser shall comply with all of the existing requirements of the Village of Huntley Zoning
and Subdivision Ordinances and Codes and the Village of Huntley Sign Regulations unless
specific relief is requested therefrom by the Owner or Purchaser and is subsequently approved by
the Village of Huntley.
3.4
Additional Zoning Relief. Other than the Variations as set forth in Exhibit D, the
Parties agree that, if necessary to permit Owner or Purchaser to develop the Development
Property with the uses depicted on the Preliminary PUD Plan, Owner may seek additional relief
from the Village from its Subdivision Regulations and Design Criteria Code and its Zoning Code
including without limitation Special Use permits, further variations, planned unit development
approvals, rezoning, and appropriate text amendments without need for an amendment to this
Agreement. The Village agrees to give all such requests for relief prompt consideration, but
does not guarantee the approval thereof and the failure of the Village to approve any request
under this paragraph shall not be construed as a breach of this Annexation Agreement.
3.5
Existing Uses. It is understood and agreed between the Parties hereto that all or
any portion of the Remaining Lots may continue to be used for farming prior to the development
of said portion of the Development Property. Farming of the Remaining Lots may continue
pending the construction of approved uses after approval of a final plat for that portion of the
Development Property. After construction commences, no use of land on that lot shall be
permitted except in conformity with the Huntley Zoning Ordinance and this Agreement.
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ARTICLE IV
Final Subdivision and Development Approvals
4.1
Phasing
(a)
The Village acknowledges and agrees that the Owner or Purchaser may
present preliminary and final plans and plats of subdivision for the Development Property in up
to two or more phases for the property. The Village shall review and approve the plat for each
such phase subject to its applicable ordinances and regulations and the provisions of this
Agreement and in accordance with the Village’s development review process.
(b)
Subject to Section 4.3 below, the Owner or Purchaser may develop the
Development Property and install or construct the required improvements for the Development
Property in phases, subject to the approval of final plats of subdivision and I.E.P.A. "Water"
construction permits, except as specifically stated otherwise herein. Unless expressly set forth in
this Agreement, nothing shall prevent or limit the Owner or Purchaser from developing more
than one phase of the Development Property at a time.
4.2
Approval of Final PUD Plans and Final Plat.
(a)
The Purchaser shall, within a reasonable time after the execution of this Agreement,
submit to the Village for its approval the following:
(i)
A proposed
Final
Plat
and
associated
final
engineering
(“Final
Engineering”) in each case consistent with the Preliminary Plat approved
under the provisions of Article III, but with such modifications as to which
the Parties may agree; and
(ii)
A proposed Final PUD for Lot 1 consistent with the Preliminary PUD Plan
approved under the provisions of Article III but with such modifications as to
which the Parties may agree.
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(b)
In reviewing any request for approval of a Final PUD or Final Plat for any portion
of the Development Property, the Village Board shall not withhold, delay, or condition the
approval of such proposed Final PUD and Final Plat that is in conformance to the requirements
of this Agreement. Without limiting the preceding sentence, the Purchaser may make minor
necessary or desirable changes to Final Engineering plans provided that any such changes or
modifications are approved by the Village, which approval shall not be unreasonably withheld,
delayed or conditioned. Minor modifications and changes to any Final PUD or Final Plat may be
approved by the Village Manager or his or her designee (“Village Manager”).
In preparing and submitting the Final PUD plan and the Final Plat for the
Development Property, the Owner or Purchaser may, with approval of the Village, modify the
general design and layout of lots, streets, rights-of-way, and improvements, required by Village
ordinances, as may be necessary in order to facilitate the effective, efficient, and economical
development of the Development Property; provided, however, that such additional development
and design standards are agreed to as a part of the Final PUD approval process.
(c)
The Parties agree that, solely for purposes of Section 156.070 (D)(2) of the
Village’s zoning ordinance (i) the Development Property shall be deemed to be under the
unified control of the Purchaser and the Owner and (ii) as such, the Owner shall have the right to
sell that portion of the Development Property herein denoted as Lot 1 to the Purchaser prior to
the approval of the Final PUD plan and the Final Plat without violating said Section 156.070
(D)(2).
4.3
Initial Public Improvements
(a)
The Village acknowledges and agrees that Purchaser will construct those
Public Improvements described in Section 9.1 below as part of the Purchaser’s creation of the
Subdivision and development of Lot 1.
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(b)
In developing Lot 1, the Purchaser shall only be required to construct and
install (i) the Public Improvements, (ii) the private road shown on the Preliminary Plat, and (iii)
the on-site improvements within the boundaries of Lot 1 or in other areas of the Subdivision as
required to serve stormwater detention with respect to Lot 1. The Owner shall be required to
construct and install the stormwater detention facilities and any other on-site improvements that
may be required as part of the final plat of subdivision that may hereafter be approved by the
Village as to the other Lots, other than Lot 1, of the Subdivision (the “Remaining Lots”), and
until such final plat and a preliminary and final planned development ordinance for said
Remaining Lots are approved, no such Remaining Lot may be further developed.
(c) The Village shall review and act upon the development plans and associated
permit applications submitted to it for each Subdivision Lot separately and in accordance with
the Village’s development review process.
4.4
Landscaping. Subject to Article XII, each developer of a Subdivision Lot that
borders Freeman Road shall, as part of the development of such Lot, install a landscape berm,
outside the Freeman Road right-of-way, as identified on the preliminary landscape plan approved
by the Village as part of the Preliminary PUD Plan approved under Section 3.1. In connection
with the development of Lot 1, the initial berm shall extend along the length of the frontage of
Lot 1. Prior to the development of each of the Remaining Lots created pursuant to the Final Plat
and Final PUD for those lots, a similar berm shall be created by the developer(s) of such lots.
Each developer and subsequent property owner shall also be separately responsible to remove all
dead landscape materials, as needed, on the Subdivision Lot being developed, and to promptly
replace such plantings (subject to reasonable seasonal and weather conditions) in perpetuity in
accordance with the approved Landscape Plans.
4.5
Frontage Trees. The Parties agree that as each Subdivision Lot created by the
Final Plat is developed, the developer thereof shall install frontage trees and landscaping in
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accordance with preliminary landscape plans to be approved by the Village, and in accordance
with the Village’s planting specifications and guidelines, subject to final approval by the Village,
provided that a developer shall not be required to install such trees except during the periods of
April 15 through May 15 and September 15 through October 15 in any year (the “Planting
Periods”). Required frontage trees shall be installed prior to the issuance of a certificate of
occupancy for the building on the affected Subdivision Lot; provided, however, that if any
building qualifies for a certificate of occupancy but for the installation of required frontage trees
at a time outside the Planting Periods, the Village shall issue a temporary certificate of
occupancy for each such building upon the said developer posting adequate security, (which
security for frontage trees on Lot 1 may (but need not) be part of the security for the overall
development of Lot 1) with the Village to assure the installation of such trees during the next
Planting Period (or as soon thereafter as weather permits) and upon completion of subgrading the
area. Unless otherwise approved by the Village or its designee, frontage trees and landscaping
shall be selected from the species listed in the approved frontage tree/landscape plan. The
developer of each Subdivision Lot shall keep in place a maintenance guarantee for all frontage
trees and landscaping for a period of three (3) years from the time of acceptance by the Village in
an amount to be reasonably approved by the Village.
4.6 Grading and Site Development. At any time after the execution of this Agreement
and prior to approval of Final PUD or Final Plat for the Development Property or parts thereof,
Owner or Purchaser may proceed at their respective risk, in accordance with the Village
Subdivision Ordinance requirements, with the excavation and/or mass grading of the
Development Property, the installation of erosion and sedimentation control measures, the
construction of stormwater retention and detention facilities, and activities such as filling, soil
stock piling, and site grading only if the following conditions have been met: (1) receipt of a
grading permit as to the affected Subdivision Lot from the Village covering such activities; (2)
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the posting of a bond in an amount approved by the Village for the reasonable cost of topsoil
replacement; and (3) the submittal of any required NPDES Phase II Notices of Intent and
Stormwater Pollution Prevention Plans as to the affected Subdivision Lot for approval by the
Village. However, no such developer shall undertake such work except with the approval of the
Village Engineer of such plans containing sufficient information to demonstrate that the work
will be accomplished in accordance with good engineering practices and that the developer shall
be required to take such action as may be necessary to assure that such work ultimately complies
with the approved Final Engineering plans for the Development Property.
ARTICLE V
Signage
5.1
Signage. Purchaser may install with respect to the development of Lot 1 those
signs that are depicted on the signage exhibit approved by the Village as part of the Preliminary
PUD Plan approved under Section 3.1 of this Agreement.
5.2
Sign Permits. The developer of each Subdivision Lot created by the Final Plat
shall file completed sign permits with the Village and the final locations of such signs on each of
the Remaining Lots shall be presented on the final sign plan for such lots.
5.3
Easements for Village Signage. If requested by the Village, the Owner and
Purchaser shall provide, at no cost, (i) an easement for a Village entryway sign on Freeman Road
and (ii) an easement for a Village sign on the south side of the Development Property to be
visible from Interstate 90, with such signage to be of such size and at such locations, and with
such access as to which the Parties may mutually agree.
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ARTICLE VI
Applicable Municipal Ordinances
6.1.
In General.
Except as otherwise provided in this Agreement, all
applications for rezoning, subdivision, variations, Special Use permits, planned unit development
approvals, building or site improvement permits, or other governmental approval or relief shall
be processed and subject to the applicable ordinances of the Village generally in force at the time
of said application. Notwithstanding the foregoing, any amendment to the ordinances, building
code, and other codes, rules or regulations of the Village that would be inconsistent with the
Preliminary PUD Plan as attached, Preliminary Plat, zoning, uses and development of the
Development Property as approved in this Agreement shall not apply to the Development
Property to the extent of such inconsistency.
6.2.
Conflicts.
Should the Owner, Purchaser, or successors or assigns seek to
develop any portion of the Development Property during the term of this Agreement, the Owner,
the Purchaser, or their respective successors, or assigns shall, in addition to the aforesaid
ordinances, comply with the requirements of this Agreement and attached exhibits. In the event
of any conflict with the aforesaid ordinances and the terms of this Agreement, this Agreement
and its Exhibits (including without limitation the attached Preliminary PUD Plan) shall control.
ARTICLE VII
Building Code
7.1.
In General. The Building Code of the Village, as the same may from time-
to-time be amended and modified and enforced throughout the Village, shall apply to the
Property, and all construction thereon shall be in conformance with said Code, provided, that any
change in the Building Code of the Village adopted after the execution of this Agreement shall
not apply (a) to the construction of any improvements contemplated by the Preliminary PUD
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Plan and for which a building permit was applied for or obtained prior to the 180th day after the
enactment of the ordinance or resolution approving the Final PUD Plan and Final Plat and (b) to
the construction of any improvements for which a building permit is applied for within sixty (60)
days after the adoption of any change in the Building Code by the Village.
7.2
Development Exceptions.
Notwithstanding anything to the contrary in the
Building Code or other ordinances of the Village, but subject to the provisions of Article IV
above, the following standards, procedures, and requirements shall apply to the development of
the Development Property:
(a)
Certain permits shall be available as set forth in Section 4.6.
(b)
Additionally, the Owner or Purchaser may submit applications for building
permits upon (i) approval of the Final Plat and (ii) the execution of said Final Plat by the Owner
and Purchaser and delivery of same to the Village. Notwithstanding the provisions of Village
Code Section 155.038, the Village shall issue permits for the construction and erection site work
and of steel, concrete and other non-flammable portions of any building prior to the
establishment of operational fire hydrants or a portion thereof for Lot 1; provided, however, prior
to the erection of any framing there shall be established on-site vehicular pathways capable of
supporting emergency equipment.
ARTICLE VIII
Final Engineering, Final Plat and Final PUD Plans
8.1.
In General. The Purchaser shall cause the Public Improvements to be constructed
pursuant to (i) Final Engineering plans and specifications approved by the Village as part of the
Final Plat and (ii) the Final PUD Plan as to Lot 1. After such approvals, Final Engineering plans
and Final PUD Plan and specifications may be modified to resolve engineering layout and design
problems; provided, however, that each such modification shall receive the written approval of
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the Village Engineer. Except as otherwise provided herein, all Final Engineering plans and
specifications and the Final PUD Plan will comply with all applicable ordinances, codes, and
standards in effect at the time of application for Final Plat and Final PUD approval, as the same
may from time-to-time be amended and modified. In the event any conflict shall exist between
(i) any such ordinance, code, or standards of the Village and (ii) any provision of this
Agreement, then the provisions of this Agreement shall govern.
8.2.
Conformity with Preliminary Engineering and Preliminary PUD Plans.
The
Village agrees to promptly approve without delay the Final Engineering plans and specifications
the Final Plat, and the Final PUD Plans as submitted by the Purchaser provided that such plans
and specifications are in substantial conformity, as determined by the reasonable discretion of the
Village Engineer, with the Preliminary Engineering, the Preliminary Plat and the Preliminary
PUD Plans as approved by the Village pursuant to Article III above.
ARTICLE IX
Public Improvements Generally
9.1
Construction of Public Improvements.
The Purchaser shall install all Public
Improvements serving the Development Property required by the Final Engineering Plans, and as
generally set forth in Exhibit E (collectively, the “Public Improvements”).
The Public
Improvements shall be completed prior to Weber taking occupancy of the building to be
constructed on Lot 1, except that such occupancy shall be allowed even if the Public
Improvements involving the Freeman Road right-of-way are incomplete if, in fact, construction
of such Public Improvements are under the control of the Village. The Public Improvements that
the Purchaser is required to construct and pay for in this Article IX shall represent Purchaser’s
sole and exclusive obligation for the construction and funding of the Public Improvements
14
necessary to develop the proposed warehouse / distribution /light industrial development of the
Development Property as contemplated by this Agreement.
As to any subsequent development occurring on any Lot within the Subdivision, (other
than on Lot 1) the person undertaking such development shall be responsible for any and all
development costs associated therewith, including, without limitation, any additionally required
storm water detention and public improvements required by the Village as part of its approval of
the Final Plat for such other lots.
9.2.
Engineering Conformance. All Public Improvements to be constructed shall be in
conformance with the approved Final Engineering Plans, and with all applicable codes and
regulations of the Village, unless modified by this Agreement or otherwise approved by the
Village Engineer.
9.3
Plan Review.
The Village shall respond to all engineering plan submittals
fourteen (14) days after submission, provided that they meet with applicable codes or standards
incorporated in this Agreement, or where such codes are silent, that they meet generally accepted
engineering standards. If any engineering plans and/or specifications fail to meet the codes or
standards incorporated in Article VIII of this Agreement, or any other requirements of this
Agreement, the Village will give the Purchaser or the Owner (whichever shall apply) written
notification within such fourteen (14) day period specifying, in each case, those items deemed
deficient by the Village. Any revised plans or specifications submitted in response to such
deficiency notice shall be reviewed in the same manner as provided in this Section for any other
engineering plans and specifications; except that the Village shall respond to such revisions
within ten (10) days of receipt.
9.4.
Wastewater Treatment/West Wastewater Treatment Plant.
(a)
It is stipulated and agreed that the Owner, with respect to the Remaining Lots, and
the Purchaser with respect to the Lot 1, shall each pay their prorata shares for the West
15
Wastewater Treatment Plant Expansion Phase 2 pursuant to the requirements of the Recapture
Agreement Between Pistakee Partners, L.L.C. and Village of Huntley dated December 12, 2002
and recorded with the Kane County Recorder on March 20, 2003 as document number
2003K045428 (“Pistakee Recapture Agreement”).
(b)
The Village has constructed the Phase 3 expansion of the Village’s West
Wastewater Treatment Plant, which includes capacity to service the Development Property. It is
stipulated and agreed that the Owner, with respect to the Remaining Lots, and the Purchaser with
respect to the Lot 1, shall each pay their prorata shares for sanitary sewer treatment capacity as
provided in the Recapture Agreement between Huntley Venture LLC and the Village of Huntley
dated November 16, 2006, and recorded with the McHenry County Recorder on January 17,
2007 as document number 2007R0003962 (“Huntley Venture Recapture Agreement”).
(c) Subject to such other agreements and may be entered into with the Village the
Owner (with respect to the Remaining Lots) and the Purchaser (with respect to Lot 1) will each
pay to the Village the standard sanitary sewer tap on fee per building on their respective Lots at
the time of request for building permit. Such fee shall be in the amount that is in effect at the
time the building permit request is made for each individual building.
(d) Wastewater treatment capacity purchased by the Owner and Purchaser upon Final
Plat approval shall be for the sole and exclusive benefit of the Owner and Purchaser in
association with the development of the Development Property and shall not be assigned to any
entity for development of any other property. 9.5. Construction of Sanitary Sewer. The
Purchaser, at its expense, shall connect the sanitary sewer improvements that are part of the
Public Improvements set forth on Exhibit E and as set forth on the Preliminary Engineering
Plans approved by the Village Engineer and attached hereto as Exhibit B.
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Said gravity sewers following their construction and the inspection and approval of such
construction by the Village, shall be conveyed to the Village by customary bill of sale and
thereafter owned and maintained by the Village.
If required in the future (i) to service the Remaining Lots of the Owner or (ii) to serve the
redevelopment of Lot 1 in a manner other than as contemplated by the Preliminary PUD Plan, a
lift station shall be constructed (A) at the expense of the Owner (if to service any of the
Remaining Lots) or (B) at the expense of the Purchaser (if to serve Lot 1) or their successors or
assigns in order to provide the necessary conveyance to the Village’s wastewater treatment
facility.
9.6. Water System.
(a)
The Purchaser, at its expense, shall, as part of the Public Improvements set forth
on Exhibit E, and subject to the receipt of all necessary easements, licenses, permits and
consents, cause the extension of the Village water system to serve the Subdivision, as set forth on
the Preliminary Engineering Plans approved by the Village as part of the Preliminary Plat.
Subject to compliance with all applicable ordinances, codes, standards, and requirements
as set forth in the Agreement (including without limitation the payment of the applicable
connection fees), the Village acknowledges and agrees that the Purchaser (as to Lot 1 of the
Subdivision) and the Owner (as to the Remaining Lots) shall each have the right to connect the
improvements on their respective Lots to the Village water system and to receive service
therefrom.
Subject to such other written agreements (if any) as may be entered into by the
Village, each developer shall pay all standard water connection or tap-on fees, and such fee will
be in the amount that is in effect at the time of the building permit request is made for each
individual building.
If required in the future (i) to service the Remaining Lots of the Owner or (ii) to serve the
redevelopment of Lot 1 in a manner other than as contemplated by the Preliminary PUD Plan,
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water system improvements shall be made (A) at the expense of the Owner (if to service any of
the Remaining Lots) or (B) at the expense of the Purchaser or their successors or assigns (if to
serve Lot 1) in order to provide the necessary capacity to service the Development Property.
9.7
Storm Water Drainage, Detention and Management.
(a)
At such time as the Owner or Purchaser elects to develop or subdivide any portion
of the Development Property, including receiving approval for a mass grading permit, or change
or alter any existing use or structure, storm water drainage, detention, and management shall be
provided upon the Development Property in accordance with all applicable laws, administrative
regulations, and ordinances, whether originating with the U.S. Army Corp. of Engineers, State of
Illinois, Illinois Environmental Protection Agency, Illinois Department of Natural Resources, the
County of Kane, or the Village of Huntley. It is acknowledged that the Purchaser has provided to
the Village prior to the execution of this Agreement a preliminary stormwater management plan
and other preliminary engineering that have been approved as to the development of proposed
Lot 1 of the Subdivision.
(b)
The application of the foregoing standards shall be cumulative, it being the
intent that those standards or portions thereof, which are most restrictive shall apply.
(c)
As part of the approval of the Final Plat, the Owner and Purchaser, and / or
their respective successors in interest, shall establish one or more property owners’ associations
for the purpose of maintaining the private road and common storm water facilities within the
proposed Subdivision to be created on the Development Property. The membership of such
association or associations shall consist of owners of subdivided Lots within the Subdivision.
The Owner or Purchaser shall record a Declaration of Covenants, Conditions and Restrictions
(the “Declaration”) against the Development Property.
The terms and conditions of the
Declaration shall set forth the creation of a property owners’ association, which shall be
responsible for the maintenance plan and repair of on-site roadways, stormwater retention and
18
detention facilities, said maintenance plan shall be approved by the Village Engineer and in
accordance with the Kane County Storm Water Ordinance, wetlands and open spaces located on
the Development Property (the “Common Facilities”). The property owners’ association shall
also be responsible for maintaining the landscaping in the right-of-way on Freeman Road
adjacent to the Development Property.
However, the Village shall be responsible for the
maintenance and repair of storm sewer pipes in Common Facilities. The Declaration shall
provide that in the event any stormwater retention and detention facilities located on a parcel
serve only that parcel, the owner of such parcel may elect to maintain the stormwater retention
and detention facilities at its sole cost and expense.
(d)
In the event that the property owners’ association created and required by the
Declaration and both Owner or Purchaser fail to properly maintain and/or repair the Common
Facilities, the Village shall be authorized to take over responsibilities for the maintenance and
repair of the Common facilities and shall be permitted to create a special service area for the
same purposes. There shall be a ninety day notice and cure period. The Village may levy
special taxes against the Property for the payment of the Village’s costs to maintain and repair
the Common Facilities. Pursuant to any ordinance establishing a special service area for the
maintenance and repair of the Common Facilities, the property owners’ association shall
dedicate to the Village and the Village shall accept Common Facilities, along with other Public
Improvements serving the Development Property, and the Village shall be authorized to levy
special service area taxes upon all lots upon the adoption of an ordinance creating the special
service area set forth herein.
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9.8. Road Improvements.
(a)
As part of the submittals made in connection with the Preliminary Plat and
the Preliminary PUD Plan, the Purchaser did provide to the Village a traffic study that included
the overall development proposed for the Development Property and connectivity to surrounding
properties. Based on said traffic study, the Purchaser shall be required to improve Freeman Road
as depicted on the Preliminary Engineering plans.
(b)
The Village, as local sponsor, has submitted an application to the Illinois
Department of Transportation (“IDOT”) to request grant assistance for the Freeman Road
improvements required by this Agreement. IDOT has approved the application for the Economic
Development Program grant in an amount up to $518,494 (the “IDOT Grant”). The Purchaser
agrees to utilize the grant funds in accordance with the requirements of the grant and shall enter
into a Local Agency Agreement with the Village and shall be responsible for the remaining cost
of the improvement. Weber and Duke acknowledge and agree that the cost to improve Freeman
Road as provided for this in this Agreement is not a general obligation of the Village, and shall
not constitute any indebtedness of the Village or a loan or a liability of the Village within the
meaning of any constitution or statutory provisions.
9.9.
Utility Easements and Installation.
(a)
The Owner and Purchaser shall each grant adequate easements and rights-
of-way within the Subdivision for all Public Improvements and utilities serving the Subdivision,
all as shown on the Preliminary Plat and as may be modified by the Final Engineering and Final
Plat.
(b)
The owners of each Lot within the Subdivision shall have the right to
create easements on their respective privately owned Lots and license access to such easements
for the use of telecommunications, data, video and private utility cabling.
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(c)
The Village agrees to use its best efforts to assist the Owner and Purchaser
in obtaining all easements and licenses as may be necessary or convenient to install, construct,
repair, replace, and maintain any of the improvements required pursuant to this Agreement.
Upon request from the Owner or Purchaser, the Village shall exercise its powers of eminent
domain, if necessary, to assist the Owner or Purchaser in obtaining all necessary easements along
such alignments as the Village and the Owner or Purchaser may reasonably agree for the
installation of any roadways, sanitary sewer, water, stormwater detention, retention, or
management facilities, or other utilities required pursuant to this Agreement. The Village shall
not be obligated to do so until all reasonable attempts by the Owner or Purchaser to acquire the
necessary easements through private negotiations have been exhausted. The Owner or Purchaser
(as the case may be) agrees to pay for all costs reasonably incurred by the Village in connection
with any eminent domain action relating to the acquisition of required easements, including
without limitation attorneys fees, title charges, appraisals, survey costs, deposition costs, witness
fees, litigation expenses, and judgments. All of the foregoing costs and expenses of acquisition
of any easements or rights-of-way shall be includable in the Owner’s or Purchaser’s (as the case
may be) costs and expenses that are to be recaptured by the Owner or Purchaser pursuant to
Section 9.14 hereto.
9.10
Government Approval. The Village agrees to use its best efforts to assist the
Owner or Purchaser in obtaining such permits, licenses, and approvals as may be required from
time-to-time under any and all County, State, and Federal laws and regulations (including
without limitation the Illinois Environmental Protection Act) for the purpose of permitting
development and subdivision of the Development Property as herein contemplated.
9.11.
Performance Security.
Not to be confused with a compliance bond, but to
guarantee the installation of the Public Improvements set forth on Exhibit E in accordance with
this Agreement, and in lieu of any security required by the codes or ordinances of the Village,
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and Purchaser, or such developer’s contractor, shall submit either a performance bond from an
insurance or surety company, or a letter of credit or impound account issued or held by a sound
financial institution, containing such terms and provisions as may be reasonably acceptable to the
Village. Such security shall be in a principal amount of not less than one hundred ten percent
(110%) of the estimate of the costs of all such Public Improvements for the Subdivision,
exclusive of any contingency costs, to be constructed as part of the said Subdivision pursuant to
the approved Final Engineering approved in connection with the development of Lot 1. All such
Final Engineering shall be subject to the approval of the Village Engineer, which approval shall
not be unreasonably withheld or delayed. Upon completion of the Public Improvements for the
Subdivision and the acceptance by the Village, the Owner’s or Purchaser’s performance security
shall be reduced by the proportionate cost of such Public Improvements less 10 percent (10%),
which amount shall be retained until the Owner or Purchaser delivers a maintenance security to
the Village in accordance with this Agreement; provided, however, that the balance of the
amount retained shall at all times prior to the completion of all Public Improvements called for
herein remain not less than one hundred ten (110%) of the Village Engineer’s estimation of the
cost of completion of all remaining improvements.
As to any additional public improvements (other than those set forth on Exhibit E) that
may arise from the development of any Remaining Lot, the Owner shall be required to post with
the Village all security, consistent with the provisions of this Section 9.11.
9.12.
Maintenance Security.
At the time or times of acceptance by the Village of the
installation of any part, component, or all of any Public Improvements in accordance with this
Article, or any other Article of this Agreement, the developer who has posted the original
security with the Village shall deposit with the Village either a maintenance bond or letter of
credit (the “Maintenance Security”) in the amount of ten percent (10%) of the cost of the
installation of the Public Improvement or component accepted by the Village. The Maintenance
22
Security shall be in a form reasonably acceptable to the Village and shall be deposited with and
held by the Village for a period of three (3) years after the completion of the accepted component
or Public Improvement. In the event substantive defects in material and/or workmanship have
developed within said period, then the Maintenance Security shall not be returned until
correction of said defect and acceptance by the Village of said correction, in accordance with
Section 9.13 of this Article.
The Village acknowledges that the Maintenance Security is
intended to provide security against defects in material and / or workmanship and that such
Maintenance Security is not intended to protect against other conditions such as theft, physical
damage or destruction from outside forces or casualty, or reasonably expected normal wear and
tear.
9.13.
Procedure for Acceptance of Public Improvements.
(a)
Upon completion of any Public Improvement for any area or phase of
development of the Development Property in accordance with this Agreement, and further, upon
the submission to the Village of “as-built” plans of such Public Improvements and a certificate
from the engineering firm employed by the developer responsible for making such Public
Improvements stating that the said Public Improvement, or portions of segments thereof, have
been completed in conformance with this Agreement, and all engineering plans and
specifications relative thereto, the Village Manager shall, within thirty (30) days after the Village
receives the aforesaid certifications from the developer’s
engineer, either: (i) recommend
approval to the Village Board to accept said Public Improvement, or any part or component
thereof; or (ii) designate in writing to the developer of each phase of the Subdivision or its agents
all alterations which shall be required to obtain final acceptance of said Public Improvement,
specifically citing the sections of the appropriate ordinance or rule, regulations, or standard
incorporated in the Village Code or this Agreement relied upon by said Manager.
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Final
acceptance shall be further conditioned upon said Public Improvements having been constructed
in conformance with Final Engineering previously approved by the Village Engineer.
(b)
Upon recommendation by the Village Manager to the Village, or
after changes in said Public Improvements by the developer of each phase of the Subdivision, as
set forth in the written notice by the Village Manager, the Village shall either accept said Public
Improvement or set forth in writing wherein said Public Improvements or any parts or
components thereof do not comply with any Section of this Agreement or any other appropriate
Village ordinances or codes. It is understood that in order to provide sufficient time to resolve
any conditions for acceptance of Public Improvements being requested for approval no request
can be made after November 1 or before March 1 of any year. However, no final approval will
be considered by the Village Board between November 15 of a given year and March 15 of the
following year.
(c)
Upon completion and acceptance of any such Public Improvements by the
Village, the developer responsible for making such Public Improvements (together with the
Owner or Purchaser, to the extent legally required, or their respective successors) agrees to
convey and transfer said Public Improvements or any part thereof so accepted, to the Village by
appropriate bills of sale which shall be approved by the Village.
(d)
Acceptance of any such Public Improvements by the Village shall not
delay the issuance of a certificate of occupancy as to any building upon any Lot in the event the
developer of such Lot within the Subdivision has provided applicable security for any Public
Improvements not yet accepted by the Village.
9.14.
Recapture Agreement for the Benefit of the Purchaser.
The Village agrees, pursuant to Division 9-5 of the Illinois Municipal Code, 65 ILCS 5/95-1 et seq., to execute one or more recapture agreements with the Purchaser (who is responsible
for making all of the Public Improvements set forth on Exhibit E as part of the original
24
formation of the Subdivision). Pursuant to such recapture agreements, the Village shall agree to
reimburse the Purchaser for an equitable portion of off-site costs associated with sanitary
sewerage, water, roadway, sidewalk, street lighting, and/or stormwater and drainage
improvement (whether on-site or off-site) installed in connection with the development of
portions of the Development Property, costs and expenses incurred in connection with the
acquisition of necessary easements or rights-of-way, consultant fees, construction supervision
fees, and the value of any easements or rights-of-way dedicated for such improvements
(“Purchaser’s Expenses”), together with interest thereon accrued at a rate or six percent (6%) per
year from the date said facilities are accepted by the Village until connection thereto is sought by
the benefited third Parties. Such recapture agreements shall describe the properties anticipated to
benefit from such improvements and the amount or proportion of costs due from such benefited
properties. The recapture agreements shall also provide that the recapture fees are due at the
time connections are sought, except that any unincorporated benefited property shall pay the
recapture fees due no later than the time of connection or approval by the Village of the final plat
of subdivision once annexed to the Village.
The Village shall not permit any benefited
properties to connect to or utilize such Public Improvements without first paying recapture fees
to the Village, which sums shall be reimbursed to Purchaser. The Village Manager, or designee,
shall determine the identity of benefited properties, the equitable proportions for such properties,
and the costs and expenses to be recaptured. Any costs and expenses to be recaptured for the
improvements made to Freeman Road per the approved final engineering plans shall be reduced
by the final amount of the IDOT Grant as referenced in Section 9.8 (b). The Village shall have
no recapture obligations until a separate written agreement is executed by the Parties hereto in
accordance with the provisions of the Illinois Municipal Code.
No recapture obligations shall be imposed upon any of the Remaining Lots by reason of the
construction of Public Improvements by the Purchaser in connection with the Subdivision.
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ARTICLE X
Fees and Incentive Reductions
10.1.
Annexation Fees.
Subject to such other written agreements (if any) as may be
entered into with the Village, the Village hereby waives payment of the Annexation Fee of
$500.00 per acre otherwise required by ordinance.
10.2.
Consultant Fees.
The Purchaser shall pay or reimburse the Village for all
expenses and fees reasonably incurred by the Village in connection with legal, engineering, and
other consultant and staff services directly and specifically related to the initial annexation, initial
ORI-PUD Rezoning and initial Subdivision of the Development Property (the “Initial
Entitlement Process”). Beyond the Initial Entitlement Process, the Owner and Purchaser shall
(as to their respective development activities) pay or reimburse the Village for all legal,
engineering, and other consultant and staff services directly and specifically related to the
annexation and development of the Development Property.
10.3
Building Permit Fees.
Subject to such other written agreements (if any) as may
be entered into with the Village, the developer of each Lot within the Subdivision shall be
subject to the same building permit fees as are generally applicable throughout the Village as of
the date of building permit application; provided, however, that no increase in building permit
fees shall apply to the Development Property in connection with the construction of any
improvements contemplated by the Preliminary PUD Plan and for which a building permit was
applied for or obtained prior to the 180th day after the enactment of the ordinance or resolution
approving the Final PUD Plan and Final Plat or until sixty (60) days after the Village notifies the
Owner or Purchaser of such increases in accordance with Article 13.1 of this Agreement.
10.4.
Water and Sewer Connection Fees. Subject to such other written agreements (if
any) as may be entered into with the Village, water and sewer connection fees assessed on each
26
Lot within the Subdivision shall be paid by the developer of such Lot and shall be the same fees
as the Village assesses upon similar users within the Village, as of the date of application for a
building permit.
10.5.
Hearing, Recordation Fees.
The Purchaser shall pay for all costs reasonably
associated with the hearings and recordings required in connection with the Initial Entitlement
Process. Thereafter, the Purchaser, as to Lot 1, and the Owner, as to the Remaining Lots, shall
pay all costs and expenses associated with any additional applications, hearings and recordings,
and the costs of all public and private improvements associated with their respective Lots.
10.6.
Capital Development Fee.
Subject to such other written agreements (if any)
as may be entered into with the Village, the parties agree that the Owner and Purchaser shall be
credited for the required capital development fee of $3,000.00 per gross acre in exchange for the
Freeman Road improvements referenced in Section 9.8.
10.7. School, Library, and Fire Fees.
No Library District or School District impact fees
shall be required in connection with the development of any Lot within the Subdivision as long
as such Lot is developed with non-residential uses. Should any Lot be rezoned for residential
use, the then-owner of such re-zoned Lot shall pay the Library and School District impact and
transition fees in existence at the time a building permit is issued for each residential unit. The
Purchaser (as to Lot 1) and the Owner (as to each Remaining Lot) shall pay the Fire Impact Fee
in existence at the time of development for each Lot within the Subdivision as outlined in
Section 155.210 of the Village’s Subdivision Regulations for all non-residential uses. The
impact fee shall be paid at the time of issuance of the building permit. The applicable Fire
District impact and transition fees shall be those in existence at the time the Final Plat for the
Subdivision is approved.
10.8
Kane County Transportation Impact Fees. The developer of each Lot within the
Subdivision shall pay and provide the Village proof, satisfactory to the Village, that the Kane
27
County Transportation Impact fees for the site have been fully satisfied and paid to the County of
Kane (or adequate provision made therefore to the satisfaction of the County of Kane) prior to
the issuance of building permits on any of the lots.
10.9
Other Fees.
(a)
Subject to such other written agreements (if any) as may be entered into
by the Village, all other fees provided for by ordinance and uniformly applied and collected in
connection with the development of property within the corporate limits of the Village, including
all subdivision or planned unit development fees, shall be applicable to, and paid by the
developer of, each Lot within the Subdivision.
(b)
Subject to such other written agreements (if any) as may be entered into
by the Village, the fees or charges referred to in this Section shall be those fees and charges
uniformly imposed by the Village from time-to-time by ordinance during the term of this
Agreement; provided, however, that no increase in fees related to the review or approval of a
subdivision or planned unit development shall apply to the Development Property until thirty
(30) days after the Village notifies the Owner or Purchaser of such increases in accordance with
Article 13.1 of this Agreement.
(c)
Unless otherwise set forth in this Agreement, neither the Owner, the
Purchaser nor the developer of any Lot within the Subdivision shall be required to make any
contributions or pay any fees in connection with the development of the Development Property
beyond those fees or donations set forth in this Agreement.
ARTICLE XI
General Provisions
11.1
Building Permits. The Village agrees that within fourteen (14) days after receipt
of a complete application, it will either issue such building and other permits as may, from time28
to-time be requested by the Owner or Purchaser, or issue a written response within said period of
time, informing the Owner or Purchaser as to the specific deficiencies in the application for
permits, plans, or specifications. All of such permit applications, plans, and specifications shall
conform to this Agreement and all applicable ordinances and codes.
(a)
Any resubmittal of an application for a building or other permit after
issuance of a written response shall be processed in the same manner as any other such
application, except no additional application fee shall be required therefor.
11.2
Occupancy Certificates.
(a)
Within ten (10) working days after delivery of an application
for final inspection for each building, the Village agrees to perform all final inspections and to
either issue a Certificate of Occupancy or issue a written response informing the Owner or
Purchaser specifically as to what corrections are necessary as a condition to the issuance of a
Certificate of Occupancy, quoting the section of any code or ordinance relied upon by the
Village in its written response.
(b)
Any resubmittal of an application for a Certificate of Occupancy after
issuance of a written response shall be processed within five (5) days after delivery of such
resubmittal and no additional application fee shall be required therefor.
(c)
Temporary Certificates of Occupancy for buildings shall be issued by the
Village, at the sole discretion of the Village, if weather conditions or other circumstances have
not permitted the buildings and related improvements to be completely finished, provided that:
(i)
such buildings and related structures are in a substantially completed condition
and are fit for habitation; and
(ii)
adequate security has been posted with the Village or other arrangements
satisfactory to the Village have been made to assure that all required items
necessary for a Certificate of Occupancy shall be completed in a timely manner.
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11.3.
Stop Orders.
Any stop orders directing work stoppage on buildings or
improvements on the Development Property or any part thereof shall be immediately effective.
Within 24 hours after the issuance of a stop order, the Village shall deliver a written notice to
Owner or Purchaser or the Owner’s or Purchaser’s representative and / or employee at the
address set forth in Section 13.1 below, that sets forth in detail the reasons for such stop order
and cites the provisions of law on which the Village issued the stop order. While a stop order is
in effect, no work may proceed on the affected premises except as may be necessary to eliminate
the conditions giving rise to the stop order.
ARTICLE XII
Obligations of Owner and Purchaser
So long as the Owner or Purchaser or their respective successors in interest to the
Development Property or any Lots within the Subdivision passively owns any portions of the
Development Property or Lots and does not engage in the development of such portions, the
Owner or Purchaser shall not have the responsibility to perform any of the agreements or
obligations of “Owner” or “Purchaser” hereunder unless required by any other agreement that
the Development Property is subject to, and any such obligations as to any portion of the
Development Property shall be the responsibility of and shall be performed by the entity that
develops such portions of the Development Property. As to any portions of the Development
Property that are developed by another Party, whether such Party acquires such portions from
Owner or Purchaser, or otherwise, the Party developing such portions shall have the obligations
of Owner or Purchaser as to such portions it develops.
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ARTICLE XIII
Miscellaneous Provisions
13.1
Notices. All notices hereunder shall be in writing and must be served either
personally or by registered or certified mail, postage prepaid, return receipt requested, as follows:
If to the Village:
Village of Huntley
10987 Main Street
Huntley, IL 60142
Attn: Village Manager
Tel: 847-515-5200
Fax: 847-515-5245
With a copy to:
Michael Coppedge
Cowlin, Curran and Coppedge
20 Grant Street
PO Box 188
Crystal Lake, IL 60039-0188
Tel: 815-459-5300
Fax 815-459-5305
If to Owner:
Component Management Group LLC
Attn: Joseph Valente
700 Tollgate Road
Elgin, IL 60123
Tel:
Fax: 847-695-7117
With a copy to:
Marvin H. Glick, Esq.
Glick and Trostin
208 S. LaSalle, Suite 1650
Chicago, IL 60604
Tel: 312-346-8258
Fax: 312-346-3242
If to Purchaser:
Duke Realty Limited Partnership
Attn. Steven Schnur, Regional
Senior Vice President
9377 W. Higgins Rd., Suite 600
Rosemont, IL 60018
With a copy to.
Lisa Starcevich, Esq.
Duke Realty Limited Partnership
9377 W. Higgins Rd., Suite 600
Rosemont, IL 60018
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And additional
Copy to:
With a copy to:
Weber-Stephen Products LLC
Attn: Philip J. Zadeik, General Counsel
200 E. Daniels Road
Palatine, IL 60067-6266
Tel: 224-836-2606
Fax: 224-934-4666
Peter C. Bazos, Esq.
Bazos, Freeman, Kramer, Schuster & Braithwaite,
LLC
Tel: 847-742-8800
Fax: 847-742-9777
or to such other address or addressee as any Party shall designate. A notice by any Party or its
counsel may be sent to any other Party or to such other Party’s counsel.
13.2 Binding, Effect, Term, and Amendment.
(a)
This Annexation Agreement shall be binding upon and inure to the
benefit of the Parties hereto, their heirs, successors, and assigns, and upon any successor
municipal authority of the Village, for a term of twenty (20) years from the date set forth in the
first paragraph of this Agreement. The Parties acknowledge and agree that the benefits and
burden of the Owner or Purchaser under this Agreement are not personal but run with the land.
(b)
This Agreement may be amended from time to time as to any
portion of the Property by a written amendment executed between the Village and the
Owner of such portion of the Property, without the consent of approval of any other
Party, including the owners of any other portions of the Property.
13.3.
Severability. In the event that any part of portion of this
Agreement, or any provision, clause, wording, or designation contained within this
Agreement is held to be invalid by any court of competent jurisdiction, such part, portion,
provisions, clause, wording, or designation shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect the remaining portions thereof.
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13.4.
Enforceability.
(a)
This Agreement shall be enforceable by any court of competent
jurisdiction by any of the Parties hereto by any appropriate action at law or in equity to secure
the performance of the covenants contained herein.
(b)
In the event of a material breach of this Agreement, the Parties agree that
the defaulting Party shall have thirty (30) days after notice of said breach to correct the same
prior to the non-breaching Party’s seeking of any remedy provided for herein; provided,
however, that any breach by the Owner or Purchaser reasonably determined by the Village to
involve health or safety issues may be the subject of immediate action by the Village without
notice or a 30-day delay.
(c)
In the event the performance of any covenant to be performed hereunder
by either the Owner or Purchaser or the Village is delayed for causes which are beyond the
reasonable control of the Party responsible for such performance (which causes shall include
limitation, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the
revocation, suspension, or inability to secure any necessary governmental permit, license, or
authority; and similar case) the time for such performance shall be extended by the amount of
time of such delay.
(d)
The failure of the Parties to insist upon the strict and prompt
performance of the terms, covenants, agreement, and conditions herein contained, or
any of them, upon any other Party imposed, shall not constitute or be construed as a waiver or
relinquishment of any Party’s right thereafter to enforce any such term, covenant, agreement, or
condition, but the same shall continue in full force and effect.
13.5.
Survival of Representations; No Merger.
(a)
Each of the Parties hereto, for themselves, their successors, assigns, heirs,
devisees, and personal representatives, agrees that the warranties and recitals set forth in the
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preamble to this Annexation Agreement are material to this Agreement, and the Parties hereby
confirm and admit their truth and validity and hereby incorporate such representations,
warranties, and recitals into this Agreement, and the same shall continue during the term of this
Agreement.
(b)
The agreements and covenants contained in this Agreement shall survive
the annexation of the Property and the recordation of this Agreement and shall not be
merged.
13.6.
Word Usage. Unless the provisions of this Agreement otherwise require, words
imparting the masculine gender shall include the feminine; words imparting the singular number
shall include the plural; and words imparting the plural shall include the singular.
13.7.
Captions and Paragraph Headings. The captions and paragraph headings
incorporated herein are for convenience only and are not part of this Agreement.
13.8.
Conflict in Regulations.
(a)
The provisions of this Agreement shall supersede the provisions of
any ordinances, codes, policies, or regulations of the Village which may be in conflict
with the provisions of this Agreement; provided, however, that nothing in this
Agreement shall relieve Owner or Purchaser from complying with the ordinances, codes, and
regulations of the Village that pertain directly to life safety concerns.
(b)
Pursuant to the requirements of statute, the corporate authorities of
the Village shall adopt such ordinances as may be necessary to effectuate the terms and
provisions of this Agreement.
13.9.
Changes in Regulations.
(a)
It is expressly understood and agreed by the Parties that during the term of
this Agreement, no use permitted under the Zoning District in which any portion of the
Development Property is located at the time of the execution of this Agreement shall be denied
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to the Owner or Purchaser, their successors, or assigns as to such potion. The Village agrees
further that it will take no actions that will prevent the Owner or Purchaser from developing the
Development Property in accordance with this Agreement.
(b)
Notwithstanding anything in this Agreement to the contrary, in the
event the Village amends any of its ordinances, codes, or regulations to impose less
restrictive requirements on the development of, or construction upon, similarly zoned
and developed properties in the Village (whether or not encompassed by agreements of
annexation) then the benefit of such less restrictive requirements shall inure to the
Owner or Purchaser in its development of Development Property.
13.10.
Recordation. The Parties agree to record in the Office of the Kane
County Recorder of Deeds an original, or a true and correct copy, of this Agreement
within five (5) working days of execution.
Should any title insurance company issuing
commitments for title insurance raise this Agreement as an objection to title, the Village shall, if
the Owner or Purchaser has complied in all respects with the terms of this Agreement, exercise
its best efforts to secure the waiving of this Agreement as a title objection.
13.11. Subsequent Amendments. It is understood that any subsequent
amendments to this Agreement, zoning changes or platting requests may be filed by Owner or
Purchaser or their successors, grantees or assigns and processed by the Village without the
necessity of obtaining the signatures of any individuals who have purchased parcels from Owner
or Purchaser in the ordinary course of development of the Development Property.
13.12. Waiver of Right to Challenge. Provided: the Village complies with and is not in
default under the provisions of this Agreement, the Owner or Purchaser shall:
(i) waive, and by these presents shall be deemed to have waived, its right to
pursue an action at law or in equity seeking to have the Village’s School Impact
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Fee Ordinance, as the same exists as of, and as the same has existed prior to, the
Effective Date of this Agreement, declared unconstitutional;
(ii) not challenge the validity or constitutionality of any Village impact fees, or
any other fees paid or imposed pursuant to this Agreement and to further not,
whether in law or in equity, seek the refund of any such amounts paid hereunder
for any such impact fee or transition fees, with the exception of Kane County
Transportation Impact Fees. The Village shall not be responsible for refunding
any fees paid to Kane County in the event such fee should be declared invalid or
unconstitutional.
13.13. Indemnification.
(a)
The Owner (as to the Remaining Lots) and the Purchaser (as to Lot 1) each agrees
to indemnify and hold harmless the Village from and against any and all claims asserted against
the Village in regard to the Pistakee Recapture Agreement and the Huntley Venture Recapture
Agreement (collectively, the “Wastewater Recapture Agreements”) seeking to collect from the
Village any additional recapture fees (“Excess Recapture Fees”). The obligation to indemnify
includes the obligation to pay any and all reasonable costs, consulting fees, expert witness fees
and attorney fees incurred by the Village in defending any claim asserted against the Village.
Notwithstanding the foregoing, the Village agrees to cooperate with Owner or Purchaser in the
defense of any claims asserted against Owner or Purchaser by either Pistakee Partners, L.L.C. or
Huntley Ventures LLC in regard to the Wastewater Recapture Agreements and any Excess
Recapture Fees that any of said parties may claim to be due them thereunder.
(b)
The Owner (as to claims involving the Remaining Lots) and the Purchaser (as to
claims involving Lot 1) each agrees to cooperate and participate (with competent counsel of its
own selection and at its own expense) in the defense of any other claims (other than those
pertaining to any claimed Excess Recapture Fees) asserted against the Village challenging the
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actions taken by the Village pursuant to this Agreement. The covenant in this Section 13.13(b) is
not intended to be an indemnification undertaking.
13.14. Successors and Assigns. It is specifically understood and agreed that the Owner
or Purchaser and their successors and assigns (in such context a “Transferor”) shall have the
right to sell and convey all or any part of the Property and the improvements thereon to other
persons, firms or corporations (in such context a “Transferee”), and that upon any such sale (i)
the Transferee shall be entitled to the same rights and privileges and shall have the same
obligations as the Transferor had under this Agreement and (ii) the Transferor shall be relieved
of any further rights or obligations hereunder (other then such obligations as to which the
Transferor may be in performance or payment default to the Village as of the date of such sale),
all of which shall be the sole obligation of the Transferee.
[signature pages follow]
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IN WITNESS WHEREOF, the Parties hereto have set their hands and seals hereto on
the day and year first above written.
VILLAGE:
Village of Huntley, an Illinois
Municipal Corporation
___________________________
Village President
Attest:
__________________________________
Village Clerk
OWNER
Component Management Group LLC
An Illinois limited liability company
By: _______________________________
Joseph Valente, Manager
PURCHASER
Duke Realty Limited Partnership, an
Indiana limited partnership
By:
Duke Realty Corporation,
an Indiana corporation
By: ____________________________
Steven Schnur
Regional Senior Vice President
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EXHIBIT A-1
PLAT OF ANNEXATION AND LEGAL DESCRIPTION OF THE PROPERTY
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EXHIBIT A-2
LEGAL DESCRIPTION OF PROPERTY BEING PURCHASED BY PURCHASER
(FUTURE SUBDIVISION LOT 1)
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EXHIBIT B
PRELIMINARY PLAT OF SUBDIVISION AND PRELIMINARY ENGINEERING
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EXHIBIT C
ORI-PUD REZONING AND SPECIAL USE ORDINANCE
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EXHIBIT D
VARIATIONS
Petitioner has submitted detailed sets of architectural, landscaping, and civil engineering plans
(collectively “PUD Plans”). The PUD Plans were prepared in accordance with the following list
of deviations / departures from the Village code, as well as the following additional regulations
(collectively “Variations”).
1. Section 156.046(C)(5) of the Zoning Ordinance requires a minimum side yard setback
of 10 feet for parking lots. The petitioner is proposing a minimum side yard setback of 5
feet.
2. Section 156.106(C)(5)(c) of the Zoning Ordinance limits the width of curb cuts to 25
feet in width. The petitioner is requesting relief to allow curb cuts greater than 25 feet.
3. Section 156.106(C)(6)(a) of the Zoning Ordinance requires that an average minimum
illumination of two (2) foot candles is provided in parking lots. The petitioner is
requesting relief to provide an average minimum illumination of one (1) foot candle.
4. Section 156.106(H) of the Zoning Ordinance provides parking requirements for specific
land uses. The petitioner is requesting that the parking requirements not apply to the
Weber facility; however, if future use of the facility changes, the Village reserves the
right to reevaluate the required parking.
5. Section 156.122(D) of the Zoning Ordinances allows one (1) ground sign per lot. The
petitioner is requesting relief for two (2) ground signs on the Weber lot.
6. Section 156.123(A) of the Zoning Ordinance limits the total surface area of all wall
signs on a building and shall not exceed one (1) square foot for each lineal foot of the
building’s frontage. The petitioner is requesting relief to allow a wall sign on the south
elevation (facing the Tollway) to not exceed 2,000 square feet.
7. Section 156.123(D) of the Zoning Ordinance limits the number of wall signs to one per
street frontage. The petitioner is requesting relief to allow a second wall sign on the
south elevation (facing the Tollway).
8. Section 156.150 of the Zoning Ordinance requires that a treescape (tree protection) plan
be submitted for review by Village Staff. The petitioner is requesting to not provide a
treescape plan, but rather provide a Tree Protection Plan indicating the limits of existing
vegetation (not individual trees), and zones where trees are to be protected by the
installation of protective fence.
9. Section 156.151(G)(7) of the Zoning Ordinance requires that shade trees be provided at
the equivalent of 75 feet apart along a non-residential property line. The petitioner is
requesting to provide plantings in accordance with the Landscape Plan which proposes
the use of evergreen trees to better screen the facility.
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10. Section 156.151 of the Zoning Ordinance provides specific requirements for parking lot
landscaping. The petitioner is requesting relief to landscape the interior of the parking
lot in accordance with the Landscape Plan.
11. Section 156.151(G)(12)(c) of the Zoning Ordinance requires that detention basins shall
be landscaped with a minimum of one (1) tree for each 750 square feet of dry area land.
The petitioner is requesting to provide landscaping adjacent to the detention basins in
accordance with the Landscape Plan, rather than on the side slopes of the basins.
Subdivision Ordinance:
1. Section 155.002(C) states that improvements shall not be made to a site prior to the final
plat of subdivision and plans being approved by the Plan Commission and Village Board.
The petitioner is requested to start site grading prior to approval of the final plat of
subdivision.
2. Section 155.069(C) states that a request for final processing and acceptance of public
improvements shall be made between April 1st and September 1st. The petitioners are
requesting that a request for processing and acceptance be accepted between March 1st
and November 1st.
3. The petitioners are requesting the option of using High Density Polyethylene for storm
sewer. Section 155.133(A)(7) does not include High Density Polyethylene as an
approved material.
4. Section 155.154 requires that valves be spaced no further apart than 600 feet apart. The
petitioners are requesting valves to be spaced up to 1,200 feet apart as depicted on the
preliminary engineering plans.
5. Section 155.178 requires that concrete curb and gutter are installed at the edge of
roadway pavement. The petitioners are requesting to not install curb and gutter along
Freeman Road.
6. Section 155.179 requires that the minimum longitudinal slope of a driveway shall be no
less than 2%. The petitioners are requesting that a minimum longitude slope of
driveways be 1%.
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EXHIBIT E
LIST OF REQUIRED ON-SITE AND OFF-SITE PUBLIC IMPROVEMENTS
AND PRIVATE ROADWAY IMPROVEMENTS
Paving – Widening of Freeman Road from a 2-lane cross-section to a 3-lane cross section from
approximately the west property line of the development to the eastern exit drive from Weber’s
truck court and then tapering back to the existing 2-lane cross section. In addition, two right-turn
deceleration lanes will be installed; one at proposed Weber Drive and the other at the proposed
employee/visitor entrance to Weber’s car parking lot.
A right turn deceleration lane shall be added at the existing Weber private driveway opposite
Automall Drive.
Water Main – Installation of two 12-inch diameter water mains from Factory Shops Boulevard
to the site. Installation of 12-inch diameter water main along the south side of Freeman Road
and installation of 10-inch diameter water main along the east side of Weber Drive and a 10-inch
diameter water main loop around the proposed 750k SF distribution center for Weber, with water
main stubbed to Lots 2, 3, 4, and 5.
Sanitary Sewer – Installation of 10-inch diameter sanitary sewer from a point approximately
1,200 linear feet west of Factory Shops Boulevard to the site. A combination of 10-inch and 8inch diameter sanitary sewer installed along the west side of Weber Drive and an 8-inch diameter
sanitary sewer installed across the north side of Weber facility for service to Weber and stubbed
to Lot 5.
Drainage – Storm sewer improvements will be installed along Weber Drive. Freeman Road will
have roadside ditches and culverts at driveways for stormwater conveyance.
Street lights – Street lights will be installed along both Freeman Road and Weber Drive.
Landscaping – Parkway trees will be installed along Weber Drive.
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