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HomeMy WebLinkAbout19-134Resolution No. 19-134 RESOLUTION AUTHORIZING EXECUTION OF AN ANNEXATION AGREEMENT WITH IGLESIA APOSTOLICA DE LA FE IN CRISTO JESUS IN THE UNITED STATES INC., AN ILLINOIS NOT FOR PROFIT CORPORATION (2600 Hopps Road, Elgin, Illinois) WHEREAS, the owners of record of certain territory described in Exhibit A, attached hereto and made a part hereof by reference, desire annexation of said territory to the City of Elgin; and WHEREAS, said territory is not a part of any other municipality and is contiguous to the City of Elgin; and WHEREAS, no electors reside on the subject territory; and WHEREAS, the corporate authorities of the City of Elgin desire to annex said territory upon certain terms and conditions; and WHEREAS, a proposed annexation agreement has been filed with the City Clerk and a public hearing has been held after due notice as required by law and all persons appearing and wishing to testify concerning the proposed annexation agreement have been heard; and WHEREAS, it is the considered opinion of the corporate authorities of the City of Elgin that it is in the best interests of the City of Elgin to enter into said annexation agreement as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the Mayor and City Clerk of the City of Elgin be and are hereby authorized and directed to execute on behalf of the City of Elgin an annexation agreement in the form attached hereto as Exhibit A and incorporated herein by reference. Section 2. That this resolution shall be effective from and after its passage as provided by law. s/ David J. Kaptain David J. Kaptain, Mayor Presented: September 25, 2019 Adopted: September 25, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk EXHIBIT A LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5,1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL,1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD AS OCCUPIED ON DECEMBER 17,1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD,152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. ANNEXATION AGREEMENT (2600 Hopps Road) THIS AGREEMENT made and entered into this 25 day of September 2019, by and between the City of Elgin, Illinois, a municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter referred to as the "City"), and Iglesia Apostolica de la Fe in Cristo Jesus in the United States Inc., an Illinois not for profit corporation (hereinafter referred alternatively as the "Owner"). WHEREAS, Owner is the owner of record of the real property described in Exhibit "A", which is attached hereto and made a part hereof (which real property, for convenience, is hereafter referred to as the "Subject Property") and which real estate is not within the corporate limits of any municipality but is contiguous to the corporate limits of the City of Elgin; and WHEREAS, Owner desires to annex the Subject Property to the City upon terms and conditions recited in this agreement; and WHEREAS, Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Subject Property to the City; and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the City of Elgin as provided in Article 7 of the Illinois Municipal Code (65 ILCS 5/7-1-1 et seq.); and WHEREAS, the Subject Property is located within the South Elgin and Countryside Fire Protection District, and whereas each of the Trustees of said District was notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property, and whereas an affidavit that service of the said notice had been provided has been filed with the County Recorder; and WHEREAS, the Subject Property is located within Elgin Township, and whereas the Township Commissioner of Highways and each of the Trustees of said Township were notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property; and WHEREAS, the Mayor and City Council of the City ("Corporate Authorities") have duly set a date, time and place for a public hearing on this Annexation Agreement, and have caused due notice to be made of said public hearing through publication in the Daily Herald, a newspaper of general circulation in the community, and the City has held such public hearing; and WHEREAS, the Corporate Authorities of the City, after due and careful consideration, have concluded that the annexation of the Subject Property to the City on the terms and conditions hereinafter set forth is in the best interests of the City; and WHEREAS, pursuant to notice as required by statute and ordinance a public hearing was held by the Planning and Zoning Commission of the City on the requested zoning of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. This Agreement is made pursuant to and in accordance with the provisions of Section 11 of the Illinois Municipal Code (65 ILCS 5/11-15.1.1 et seq.), and in the exercise of the home rule power of the City. 2. The Corporate Authorities, within 30 days following: (a) the execution of this Agreement, (b) the receipt of a current title report verifying the owner of record of the Subject Property by the City Clerk, (c) the filing of Owner's Petition for Annexation in form and substance as required by law, and (d) the receipt of a certified copy of the ordinance annexing the Subject Property to the Fox River Water Reclamation District ("FRWRD") shall pass an ordinance annexing the Subject Property to the City. The Annexation Plat for the subject ordinance shall be in the form of Exhibit B attached hereto and made a part hereof. 3. A. Immediately after the passage of the ordinance annexing the Subject Property, as provided in paragraph 2 hereof, the Corporate Authorities shall pass or adopt an ordinance zoning -the Subject Property in the Community Facility (CF) District in the form attached hereto in Exhibit C. B. Except as otherwise provided for in this agreement, no changes or amendments in the zoning ordinance of the City which shall directly or indirectly adversely affect the use or development of the Subject Property shall be of any effect unless applicable to all comparable areas of the City. C. The parties acknowledge and agree that Owner has no current plans for further development or construction on the Subject Property with the exception of the connection of the existing structure on the Subject Property to the City municipal water system as hereinafter set forth. D. The City will allow the use of the existing septic system on the property as long as it is operable, in good repair, and in compliance with all applicable Environmental Protection Agency (EPA), Illinois Department of Public Health, and Kane County Health Department rules and regulations, and the City of Elgin Municipal Code, as amended. In the event the septic system is found to require a permit from Kane County Health Department, or another governing agency, for any repairs or modifications, and Kane County Health Department or another agency, as it may be applicable, denies the issuance of such permit, the Owner shall install at its cost the required infrastructure and connect to the City's sanitary sewer system. Owner shall be responsible at its cost for the construction and installation of those off -site and on -site public improvements and utilities consisting of water mains sanitary sewers and appurtenant structures as are needed to adequately service the Subject Property in accordance with applicable City ordinances and requirements. Notwithstanding anything to the contrary in this agreement, all new utilities including, but not -2- limited to, water, telephone, electric, gas and cable television lines, as are needed to service the Subject Property, whether offsite or onsite, shall be installed underground at Owner's cost. Adequate security as provided by law shall also be furnished by Owner for any such improvements. Owner shall dedicate to the City, and, the City shall accept, all municipal utility easements required in the installation of such connection to the City water system and sanitary sewer system; all of such easements and facilities shall be consistent with the City ordinances and practices regulating condition, placement, use and size of easements. Without limiting the foregoing, within thirty (30) days following the annexation of the Subject Property into the City, Owner shall dedicate to the City the southerly portion of the Subject Property pursuant to the Plat of Dedication prepared by Alan J. Coulson, P.C. dated June 10, 2019, last revised July 23, 2019, attached hereto as Exhibit E. 4. Intentionally Omitted. 5. A. Owner shall comply with the Elgin Municipal Code Title 17--Development Impact Fees, as amended, and pay the fees when due as required therein. Owner shall also comply with City of Elgin Ordinance No. G3-02, as amended, and shall pay to the City the public safety building capital improvement contribution as required therein. Owner hereby represent and agree that it is paying the fees and contributions to the City provided for in this paragraph and this Agreement as an inducement to the City to annex the Subject Property. Owner further agrees that the contemplated fees and cash contributions to the City for the improvements or undertakings which may ultimately be constructed or performed by the City with such fees and cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements or undertakings contemplated by such fees and cash contributions will not otherwise be anticipated by the City absent the annexation of the Subject Property. Owner on behalf of itself and its successors, assigns and the grantees of their properties, further hereby acknowledge the propriety, necessity, and legality of the fees and contributions provided for in this paragraph and in this Agreement, as same may be amended by the City, and do fiirther hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to the fees and contributions provided for in this paragraph and in this Agreement and hereby agree and covenant on behalf of itself and its successors, assigns and grantees of their properties not to sue the City or maintain any legal action or other defense against the City with respect to such fees and contributions. B. The calculation of the City's impact fees, contributions and recaptures under current City ordinances and policies is attached hereto as Exhibit D. Owner shall pay to the City such fees, contributions and recaptures when due per City ordinances or policies. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the Subject Property and the Owner and its successors and assigns shall be subject to and shall be required to pay any and all new and/or increased fees and/or other contributions adopted by the City. Owner on behalf of itself and its successors, assigns and the grantees of their properties, hereby acknowledge the propriety, necessity and the legality of any such new and/or increased fees or other contributions and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any such new and/or increased fees and/or contributions and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties not to sue the City or -3- maintain any legal action or other defense against the City with respect to any such new and/or increased fees and/or contributions. Notwithstanding anything to the contrary in this Agreement, it is further agreed and understood that in no event and under no circumstances shall the Owner and/or its successors and assigns pay fees and/or other contributions less than the amounts in effect as of the entry into this Agreement. Nothing herein prevents the Owner from prepaying any impact fees in order to avoid subsequent impact fee increases. 6. Intentionally Omitted. 7. Intentionally Omitted 8. Except as specifically permitted pursuant to variation or planned development approval, or paragraphs 9 and 10 of this Agreement, all aspects of the development and use of the Subject Property and construction and installation of improvements thereon, both on -site and off - site, shall comply fully with all applicable City ordinances and codes. 9. If during the tern of this Agreement any existing, amended, modified or new ordinances, codes or regulations of general applicability throughout the community to a land developer or subdivider affecting the installation of land improvements (streets, underground utilities, sidewalks, curbs and gutters) upon the Subject Property are amended or modified in any manner to impose additional requirements on the installation of land improvements within the City, the burden of such additional requirements shall not apply to the Subject Property. This paragraph shall not apply to any changes and/or increases in fees and/or contributions imposed by the City. 10. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of improvements, buildings or appurtenances or other regulatory ordinances regarding the public health, safety and welfare are amended or modified in any manner to impose less restrictive requirements on the development of, or construction upon, properties within the City, then the benefit of such less restrictive requirements shall inure to the benefit of Owner, and anything to the contrary contained herein notwithstanding, Owner may elect to proceed with respect to the development of, or construction upon, the Subject Property upon the less restrictive amendment or modification applicable generally to all properties within City. 11. At such time as Owner elects to connect to the sanitary sewer system available for the Subject Property, City hereby agrees to allow Owner to tie into the existing sanitary sewer lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City, and with payment of all applicable fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such sanitary sewer systems and tie-ins. Owner shall bear all costs for extensions, tie-ins, and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of sewer lines to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install sewer line extension improvements on the Subject Property in compliance with the Final Engineering Plan M approved by the City Engineer for each phase of the development. Notwithstanding anything to the contrary in this Agreement, the design, plan review, construction, construction inspection and construction administration for any interceptor sanitary sewer(s) to be constructed in conjunction with the development of the Subject Property, whether offsite or onsite, shall also be in compliance with the Far West Interceptor Sewers Policy for inspections and construction, dated April 30, 2003. 12. City hereby agrees to allow Owner to tie into the existing water lines of the City, at Owner's expense, subject to payments required under any recapture and/or reimbursement ordinances heretofore or hereinafter adopted by the City, and with the payment of applicable fees. At Owner's expense, City agrees to cooperate with Owner in obtaining all necessary Illinois Environmental Protection Agency (IEPA) permits required for such water main extensions and tie- ins. Owner shall bear all costs for extensions, tie-ins and permits consistent with applicable City ordinances. Owner shall be responsible for the extension of water mains to the far edges of the Subject Property subject to review and approval by the City Engineer. Owner shall install water line extension improvements on the Subject Property in compliance with the Final Engineering Plans approved by the City Engineer for each phase of the development. Owner at its expense shall complete the extension of the water main and water service to the building on the Subject Property and shall complete the installation of a code compliant fire suppression system in the building on the Subject Property within six (6) months of the annexation of the Subject Property into the City. 13. Upon review and recommendation by the City Engineer, the City Council shall accept all public rights -of -way and improvements located thereon and water mains lying within public rights -of -way or public easements on the Subject Property. Any improvements located in private rights -of -way shall be installed in easements dedicated for and acceptable to the City. The water service lines (from the buffalo box to the existing structure on the Subject Property) shall not be owned or maintained by the City. Owner shall replace or repair damage to public improvements installed within, under or upon the Subject Property resulting from construction activities by Owner and its employees, agents, contractors and subcontractors prior to final acceptance by the City, but shall not be deemed hereby to have released any such other party from liability or obligations in this regard. Acceptance of public improvements by the City shall be consistent with applicable City ordinances. 14. Owner and Developer shall comply with City of Elgin Ordinance No. G20-03, as amended, establishing a policy for the Far West Area for Development Contributions for Roadways and shall pay such contributions to the City when due as required therein. Owner hereby represents and agrees that it is contributing such roadway improvement contributions to the City as an inducement to the City to annex the Subject Property. Owner further agrees that the contemplated cash contributions to the City for roadways and the road improvements which may ultimately be constructed by the City with such cash contributions are acknowledged and agreed to be specifically and uniquely attributable to the future development of the Subject Property and the public improvements contemplated by such cash contributions would not otherwise be anticipated by the City absent the annexation of the Subject Property. Owner on behalf of itself and its successors, assigns and the grantees of their properties, further hereby acknowledge the propriety, necessity, and legality of the roadway improvement contributions as provided for herein, as same may be amended -5- by the City, and does hereby further agree and do waive any and all rights to any and all legal or other challenges or defenses to such roadway contribution and hereby agree and covenant on behalf of itself and its successors, assigns and the grantees of their properties, not to sue the City or maintain any legal action or defense against the City with respect to such roadway contributions. Said roadway contributions shall be paid on a per unit basis (per building) the earlier of concurrently with the issuance of the first City permit for the Subject Property or within ninety (90) days following the annexation of the Subject Property into the City. 15. Intentionally Omitted. 16. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. Notwithstanding the foregoing, or anything else to the contrary in this agreement, no action shall be commenced by the Owner or any of its successors, assigns, and/or the grantees of their properties, against the City, its officials, officers, employees, agents, attorneys or any other related entity or person, for monetary damages. 17. This Annexation Agreement shall be in effect for a period of twenty (20) years from the date of execution hereof and shall be binding upon and inure to the benefit of the parties hereto, and their heirs, successors and assigns of all or any part of the Subject Property. 18. Owner shall be responsible for costs associated with filing and recording of the plat of annexation attached hereto as Exhibit B. 19. If any provision of this Agreement is held invalid by a court of competentjurisdiction or in the event such a court shall determine that the City does not have the power to perform any such provisions, such provisions shall be deemed to be excised here from and the invalidity thereof shall not affect any of the other provisions contained herein. Such judgment or decree shall relieve the City from performance under such invalid provision of this Agreement. 20. This Agreement can be amended, in writing, at any time, by the mutual consent of all parties to this Agreement, in the manner provided by law. 21. After the annexation of the Subj ect Property to the City, it is agreed that the City may create and establish a Special Service Area for the Subject Property pursuant to 35 ILCS 200/27-5, et seq., as amended, to provide the City with the source of revenue for maintaining, repairing, reconstructing or replacing the stormwater drainage system, detention and retention areas, special management areas or other improvements located on the Common Area of the Subject Property should the Owner or the property owners association owning the land on which such facilities or improvement are located fail to perform maintenance, repair, reconstruction or replacement in accordance with City ordinances or other applicable requirements of law. The Owner and any of the Owner's successors in interest agree to and do hereby waive any and all protests, objections and/or rights to petition for disconnection regarding such Special Service Area for the Subject Property. The Special Service Area is for the exclusive purpose of creating a revenue source to the City for the M referenced maintenance, repairs, reconstruction or replacement and are not intended and shall not be construed to create an obligation of the City to provide for such maintenance, repairs, reconstruction or replacement. 22. Intentionally Omitted. 23. Whenever consent or approval of the City is required in order for Owner to accomplish the purpose and intent hereof, such consent shall not be unreasonably withheld, conditioned, or unduly delayed. If such consent or approval is denied, such denial shall be in writing and shall specify the reason or reasons for such denial. 24. The City shall issue no stop orders directing work stoppages on buildings or parts of the Subject Property without setting forth the alleged violations in writing, and Owner shall forthwith proceed to correct such violations as may exist. 25. Owner may continue to occupy the building on the Subject Property during the completion of the contemplated municipal water system connection and the fire suppression system for the building on the Subject Property referenced in Paragraphs 3.C. and 12 of this Agreement, provided the existing private well is in compliance with applicable health and safety standards. 26. Intentionally Omitted. 27. Intentionally Omitted. 28. The parties hereto agree that there has been taken all action required by law, including the holding of such hearings as may be required, to bring about the amendments to the Zoning Ordinance of the City and other related ordinance amendments as may be necessary or proper in order to zone and classify the Subject Property so as to enable the same to be used and developed as contemplated herein and to enable the parties to execute this Agreement and fully carry out the covenants, agreements, duties, and obligations created and imposed by the terms and conditions hereof. 29. A. Notwithstanding anything to the contrary in this Agreement, and in addition to any other fees, contributions and other recaptures and/or reimbursements due or which may become due from the Owner, Owner hereby consents and agrees on behalf of itself, and each of its successors, assigns and grantees of the Subject Property to pay the recapture and/or reimbursement for the costs of a portion of any off -site public improvements constructed by the City and/or others, including, but not limited to, storm sewers, sanitary sewers, lift stations, water mains, and/or streets, and appurtenant structures, pursuant to any recapture and/or reimbursement ordinance(s) heretofore or hereinafter adopted by the City and in such amounts as determined by the City. B. Owner on behalf itself and its successors, assigns and the grantees of their properties, hereby acknowledges the propriety, necessity and the legality of the recaptures and/or reimbursements referred to in this paragraph in this Agreement, heretofore or as may be hereinafter by the City adopted by the City, and do hereby further agree and do waive any and all rights to any and all legal or other challenges or defenses to such recaptures and/or reimbursements and covenant -7- on behalf of themselves and their successors, assigns and the grantees of their properties, not to sue the City and/or any other person or entity or maintain any legal action or defense against the City and/or any other person or entity with respect to any such recaptures and/or reimbursements. 30. Intentionally Omitted. 31. Intentionally Omitted. 32. Intentionally Omitted. 33. The Developer shall pay (or reimburse the City for payment of) the disconnection fee, if any, payable to the South Elgin and Countryside Fire Protection District under the provisions of 70 ILCS 705/20 (e). At the time of annexation, the Developer shall deposit with the City the amount of such disconnection fee; provided, however, that if such disconnection fee cannot be determined with precision, then the Developer shall deposit with the City the estimated amount of such disconnection fee (based on the last ascertainable tax bill), and upon the issuance of the final tax bill upon which such calculation and loss, according to statute, be based, the City and the Developer shall equitably readjust the amount of such payment. 34. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and Owner and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in terms or provisions, if any, contained herein. 35. Notwithstanding anything to the contrary contained in Paragraph 16 of this Agreement, it is agreed that the parties hereto shall have the following rights and remedies in the event of a breach or default hereunder. (a) enforce or compel the performance of this Agreement, at law or in equity by suit, action, mandamus, or any other proceeding, including specific performance; (b) maintain an action to recover any sums which the other party has agreed to pay pursuant to this Agreement and which have become due and remain unpaid for more than 15 days following written notice of such delinquency. It is expressly acknowledged and agreed that except as provided in subparagraph (b) above, neither party shall have the right to seek or recover a judgment for monetary damage against the other or their respective officers, directors, employees, agents or elected public officials. 36. This Agreement is adopted pursuant to the provisions of the Illinois Municipal Code; provided, however, that any limitations in the Illinois Municipal Code in conflict with the provisions of this Agreement shall not be applicable, and as to all such provisions the City hereby exercises its powers pursuant to the provisions of Article VII, Section 6 of the Constitution of the State of Illinois. -8- Simultaneously with the annexation of the Subject Property and without further public hearings, the City agrees, to the extent it may lawfully do so, to adopt such ordinances as may be necessary to effectuate the use of its home rule powers. The City recognizes and agrees that the entry into this Agreement, the annexation of the Subject Property to the City, and the zoning of the Subject Property as set forth in Paragraph 3 hereof, are upon the express reliance by Owner that the terms and provisions of this Agreement shall be valid for the term set forth in Paragraph 17 hereof and that the City shall take no action which shall in any way be contrary to, or inconsistent with, the terns and provisions of this Agreement. 37. The provisions contained herein shall survive the annexation of the Subject Property and shall not be merged or expunged by the annexation of the Subject Property or anypart thereof to the City. This Agreement shall be construed under the laws of the State of Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. 38. Intentionally Omitted. 39. Notices or other writings which any party is required or may wish to serve upon any other party in connection with this Agreement shall be in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier, prepaid, addressed as follows, or as revised by written notice to the other party: If to the City or to the Corporate Authorities: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attention: Corporation Counsel If to Owner/Developer: Iglesis Apostolica de la fe in Cristo Jesus in the United States Inc. 416 Fawn Drive Oswego, Illinois 60543 With a copy to: Richard L. Heimberg, Esq. Huck Bouma, P.C. 2425 Royal Boulevard 91 Elgin, Illinois 60123 40. Intentionally Omitted. 41. It is agreed that time is of the essence of this Agreement and each and every term and condition hereof and that the parties shall make every reasonable effort to expedite the matters included herein. 42. The City and Owner agree to take all steps necessary or appropriate to carry out the terms of this Agreement and to aid and assist the other party, including enactment of such resolutions and ordinances and the taking of such other actions as may be necessary or desirable to enable the parties to comply with and give effect to the terms of this Agreement. 43. This Agreement shall insure to the benefit of, and be binding upon, the parties hereto, the successors in title of the Owner, its successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. 44. This Agreement may be executed in any number of counterparts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one and the same instruments. 45. This Agreement constitutes a covenant running with the land comprising the Subject Property, binding upon the parties hereto, the successors in title of the Owner and each of them, all grantees, successors, and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City may record a memorandum of annexation agreement placing of record the terms, provisions and obligations of this Agreement. 46. In the event any phrase, paragraph, article or portion of this Agreement is found to be invalid or illegal by any court of competent jurisdiction, such finding of invalidity as to that portion shall not affect the validity, legality or enforceability of the remaining portions of this Agreement. 47. The Owner and its successors in interest shall not file, cause to be filed, or take any action that would result in the disconnection or deannexation of the Subject Property from the City of Elgin during the term of this Agreement. Without limiting the foregoing, the Owner on behalf of itself and any of its grantees and successors in interest hereby waives any and all rights, statutory or otherwise, to disconnect the Subject Property from the City of Elgin. 48. It is agreed that in the event the Owner and/or or any of the Owner's grantees and successors in interest, propose to amend the Community Facility (CF) zoning ordinance referred to in Paragraph 3 of this Agreement above, then any such proposed rezoning or amendment to such zoning ordinances shall require the amendment of this Agreement upon the terms and conditions which are acceptable to the City, in the City's sole discretion. However, with respect to the requirement of the Owner's signature only the written approval of the legal titleholder of the interest in the property affected by the amendment shall be required to affect the initiation of a proposed -10- amendment to this Agreement. 49. Intentionally Omitted. 50. Owner shall reimburse the City for the City's costs for the maintenance of any township roads to be annexed pursuant to this Agreement until improvements thereto have been completed by the Owner. Owner shall reimburse to the City such maintenance costs within thirty (30) days of a receipt from the City of any invoices for same. In the event the Owner fails to timely pay such reimbursements to the City the City shall withhold any further development approvals for the Subject Property until such time as such reimbursements are paid to the City. Owner shall also provide at its cost for improvements to any township roads to be annexed pursuant to this Agreement with such improvements to consist of the reconstruction of the existing cross-section for the entire length of the township roads to be annexed pursuant to this Agreement and appropriately dimensioned right and left turn lanes at all intersections within such length of road(s) and at all entrances from such roads to the Subject Property. Such improvements shall be constructed in accordance with final engineering plans therefor as approved by the City Engineer. 51. Intentionally Omitted. 52. Intentionally Omitted. 53. Owner shall provide to the City upon request of the City a written status report regarding the development of the Subject Property with information therein as requested bythe City which may, include among other matters, the current status of sale activities with respect to the subject development of the Subject Property. 54. To the fullest extent permitted by law, Owner agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, attorneys, agents, boards and commissions from and against any and all third party claims, suits, judgments, costs, attorneys fees, expert witness fees and expenses, damages or other relief, in any way resulting from or arising out of or alleged to be resulting from or arising out of the existence of this Agreement, the provisions of this Agreement, the performance of this Agreement, the annexation of the Subject Property, the zoning of the Subject Property, the development approvals provided for in this Agreement and/or any other actions of the parties hereto provided for or arising from this Agreement. hi the event of any action against the City, its officials, officers, employees, agents, attorneys, boards or commissions covered by the foregoing duty to indemnify, and defend and hold harmless, such action shall be defended by legal counsel of the City's choosing the cost of which shall be paid for by the Owner. Additionally, in the event of such third party action the Owner agrees to the extent permitted by law upon the written request from the City to attempt to intervene in such proceedings and at Owner's expense to join the City in the defense thereof. 55. Owner on behalf of itself and its successors, assigns and grantees of its properties, hereby acknowledges the propriety, necessity and legality of all of the terms and provisions of this Agreement, including but not limited to, the zoning ordinances referred to in this Agreement and the -11- various fees, contributions, recaptures, reimbursements, dedications and/or improvements provided for in this Agreement, and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions ofthis Agreement and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties not to sue the City or maintain any legal action or other defenses against the City with respect to any challenges of the terms and provisions of this Agreement. IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. CITY OF ELGIN, a municipal Corporation Att s . City Clerk (OWNER) Iglesia Apostolica de la Fe in Cristo Jesus In the United States Inc. By Bishop FALegal Dept\Agreement\Annexation-Iglesia Apostolica-2600 Hopps Rd-Clean-9-19-19.docx 12- EXHIBITS Exhibit A: Legal Description of Subject Property Exhibit B: Annexation Plat Exhibit C: Community Facility (CF) District Ordinance Exhibit D: Impact Fees Exhibit E: Plat of Dedication prepared by Alan J. Coulson, P.C. dated June 10, 2019, last revised July 23, 2019 -13- EXHIBIT A THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2,1873 AND RECORDED MAY 5,1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL,1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD AS OCCUPIED ON DECEMBER 17,1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD,152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1429.50 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. -14- EXHIBIT B -15- r Wil" OF TERRITORY AININEYED TO THE CITY Or t EL(:IN, KANE K COOK COUNTIES, ILLINOIS CITY RESOLUTION: �1eII�'�pppj1pECO'q"m `T"a" j PASSED ON: Rt I 1 li S 6Is L [CNTpINtNG-' rP1116] nCVE$ 1 A^J Sp ffj rn ue rc li-epry'uv NE1aEv,wRExeR ro T1ECIry OFF1NX P rtY.Ri![i�� OF PROPERTY 6EECRISE° AS Lto I,m m rvY lssNl CT EECIWINL �. ee JMe4MMw Ouerlx ur9e[Iyn 3l. iumrµip el Ns!u Rmge6EMdMe rnnW rMllen. MwrtN utn.4n. B(9rT1AJ 9 e panron Ne rM°I'ne d ' uq 6eGn31,IMMIMNelmwlw.nadtlre Trxler lmremmry,Eb WtlfamP tl3. pr 0eeaaalMMey], lei3evera[aM Mryb, t6'I'in Wnmrtn119)b m8v'gr Ir0]�ppe,39.iMrce \NnM"tlr Mdglu NCM Tme IXaaq 6eYm 3] fy`.i°kn. r Z [[[r- SaullrXy{waMIwM IM WeeIMBdseGMd[onreyatl lv VFNbmP XW, NiiHrtllMparyrrlan ttMdlrodaPup4 ROxl e"a[uptlan OxvrAr i] IB$9 MAa15$y'HalWurx!yalW6oaltanl+mrrerNeMA I"rga[mm/Mla VlAnamP Xa[r!.mcefavxlY,bry lMttMdanaleetl0.ap,15i131Mb Me SedMnymxrdaW lxAe mmeyMb WaAe .1 M S. Ws nPNIF61.s,Its. wI, g, Mucen Ne �eNraMh�'enetilpbM rertaleM.enEeA 6vYAby.mgeh inn ENV. Mw Cw^M1. NNrds e1N[fEIR[. ✓GdAt40514V [Iss av(ryuv WuaE rE[r, ev2 (P%'E DATED TEOREMSED bURVEYORE CERTIFICATE CWHIVKUN ra veM unlMneuMra �mb:+m..rer.roprbm R.awcaw na�awo.'q�"r°"."::,roear«.I..r.E:xr.ew r«.wm3 CITY COUNCIL CERTIFICATE c°vwry vtrw.�w 0.+x»f gnCTCwn+uua Cvra E4vmmm VICINITTMAP cwMin.w Mr.aEw rnuynnM eM m m ssm ra ce r.ygr3 x cr.m x w Prrrvx M uwumrlemaCMwign. u mwux _-_RerM Rlere eWxiVIX uxE ry -n nur Mrep mmuracxevmvmrreanma+wv ne%�eb r�rewrdrry vnm9rnm.ervm syF. v —Os- _— frrpuof Ar, -- Alan J. Poulson, P.C. Professional Lana Surveyors (545 S. 8th SITeeL IRIS. 31), West Dunee. IHirmis 60116 PntnO (847)626-2911 JOTS NO. C 39,233 IiLG'ING1NNVX E-MAIL HI8VAY8®A(ANjQ2&SONCO 9 EXHIBIT C -16- Ordinance No. Gxx-19 AN ORDINANCE CLASSIFYING NEWLY ANNEXED TERRITORY IN THE CF COMMUNITY FACILITY DISTRICT (2600 Hopps Road) WHEREAS, the territory herein described has been annexed to the City of Elgin; and WHEREAS, written application has been made to classify said territory in the CF Community Facility District; and WHEREAS, the zoning lot with the building containing the premises at 2600 Hopps Road is legally described herein (the "Subject Property"); and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on August 5, 2019, following due notice including by publication; and WHEREAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact and recommend approval of said application, subject to the conditions articulated below; and WHEREAS, the City Council of the City of Elgin, Illinois, has reviewed the findings and recommendations of the Community Development Department and the Planning and Zoning Commission; and WHEREAS, the City of Elgin is a home rule unit and as a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, zoning, including, but not limited to, this ordinance classifying certain territory in the CF Community Facility District pertains to the government and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated August 5, 2019, and the recommendations made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Chapter 19.07 Zoning Districts, Section 19.08.020 entitled "Official Zoning District Map" of the Elgin Municipal Code, as amended, be and the same is hereby further amended by adding thereto the following paragraph: The boundaries hereinafter laid out in the "Zoning District Map", as amended, be and are hereby altered by including in the CF Community Facility District the following described property: THAT PART OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION 32, THAT IS THE NORTHWEST CORNER OF THE TRACT OF LAND CONVEYED TO WILLIAM P. HILL, BY DEED DATED MAY 2, 1873 AND RECORDED MAY 5, 1873 AS DOCUMENT 1475 IN BOOK 143, PAGE 439; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SECTION 32, 152.40 FEET; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1430.21 FEET TO A POINT ON THE CENTER LINE OF A PUBLIC ROAD AS OCCUPIED ON DECEMBER 17,1929 THAT IS 152.42 FEET WESTERLY OF THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE EASTERLY ALONG THE CENTER LINE OF SAID PUBLIC ROAD, 152.42 FEET TO THE SOUTHWEST CORNER OF SAID LANDS CONVEYED TO WILLIAM P. HILL; THENCE NORTH ALONG THE WEST LINE OF SAID LANDS CONVEYED TO WILLIAM P. HILL, 1429.50.FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS. (commonly known as 2600 Hopps Road). Section 3. That the subject property classified in the CF Community Facility District by this ordinance, shall be designed, developed, and operated subject to the following conditions: Substantial conformance to the Development Application submitted by Iglesia Apostolica de la Fe in Cristo Jesus in the United States Inc., as applicant and property owner, received June 10, 2019, and supporting documents including: a. Undated Development Application Statement of Purpose, received June 10, 2019, revised July 15, 2019; b. City of Elgin Petition for Annexation, dated June 8, 2019; c. Plat of Survey, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated May 9, 2019; d. Map of Territory annexed to the City of Elgin, Kane County, Illinois, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated June 10, 2019, last revised July 24, 2019, with such further revisions as required by the City Engineer; and e. Plat of Dedication to the City of Elgin, prepared by Alan J. Coulson, P. C. Professional Land Surveyors, dated June 10, 2019, last revised July 23, 2019, with such further revisions as required by the City Engineer. In the event of any conflict between such documents and the terms of this ordinance or other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. -2- 2. In the event the septic system is found to require any repairs or expansion in the future, the applicant shall connect to the City's sanitary sewer system. 3. Compliance with all applicable codes and ordinances. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. Presented: September 25, 2019 Passed: Vote: Yeas Nays: Recorded: Published: Attest: Kimberly A. Dewis, City Clerk -3- David J. Kaptain, Mayor EXHIBIT D -17- CITY OF ELGIN EXHIBIT D: IMPACT FEE PAYMENT FORM August 12, 2019 Project Name or Address: School District (46, 301, or 300): Location: Sewer Recapture Area: Iglesia Apostolica de Elgin Year: 2019 301 SW Bowes Road Water System Capital Connection Fee Breakdown Charge per service: Total Charge: Number of 1" or Smaller Water Services: 0 $1,300 $0 Number of 1.25" Water Services: 0 $2,030 $0 Number of 1.5' Water Services: 1 $2,910 $2,910 Number of 2" Water Services: 0 $5,160 $0 Number of 4" Water Services: 0 $20,680 $0 Number of Water Services Larger than 4": 0 $25,000 $0 Fire Suppression Service 1 $1,300 1 $1,300 Note: Water service total charge was taken from Project Fee Worksheet. FEE CATEGORY REVENUE CODE ALLOCATION 4A Community Park Capital Fee 340-0000-605.28-51 $0.00 CP Community Park Land Fee 340.0000-605.14-51 $0.00 Library: 010-0000-231.12-00 $0.00 Public Safe (SW): 010-0000-605.63-21 $1,079.31 Roadway Contribution: 010-0000-605-7300 $56,531.56 School Capital (301): 010-0000-237.11-03 $0.00 School Land (301): 010-0000-237.10-03 $0.00 School Transition 010-0000-237.15-03 $0.00 Sewer Recapture (Bowes Creek Oversize): 440-0000-605.15-07 $0.00 Sewer Recapture (Bowes Road I.S.): 440-0000-605.15-02 $3,731.03 Sewer Recapture (BRIS Trunk 20): 440-0000-605.15-06 $2,674.17 Sewer Recapture (North Randall I.S.): 440-0000-605.15-03 $0.00 Sewer Recapture Northwest I.S.: 440-0000-605.15-05 $0.00 Sewer Recapture T ler Creek/Big0-000 Timber): 440-605.15-01 $0.00 Water System Capital Connection Fee 420-0000-605.29-00 $4,210.00 TOTAL: $68,226.07 EXHIBIT E m PLAT OF DEDICATION FOR 2600 HOPPS ROAD TO THE CITY OF ELGIN ;ll ! Of PROPERTY OESCWGEO PCR RObOWAY /. 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C 59,2 3Y DED x w'D�u J .AD . &PE£EEv v icY> Fr IS 502 Etwrm w'Wn m e aN4�� rt ix. m 4d.d amww ro muAA J IM n+xa wu.nm 4aAf.m_aryM AD,An CNwFRe CfPARure wmnawn AA.I Nro I. W W ddEnMUMea m•Mu . ,I✓ -nm.I. e.emionWUvWwu+Ee wo1 aAme.re111aAL, - cad VA, vanw.AVWwAwun n mdmvsn.y oPw Pa_ U d D_N,a uMaa1 taurvrY CE RARE R. tAR eegwavo-.n a.n- ea IwiYwvEwuc I I,DAAeima.n f„W rw.�n.Rawuenva LA —A VIwine w.mwvAn cwxn 0A.. A. R.nwYaMw.,. Rrow++mA�wtnps..ee n yw.w.0 vme u»v+'iwAMaX.nxAw.pAtMmmu�uiW'ri •xWYn{[.n.m L RuevummY vnu..wnexvmm.sw,wrlsyufamewvsti P.wvA+.d Mn Yiv..v.. amegwgNna_ Me vn pmvmXyYronp—ubuw�s.neiawe xumremesmauendeuw» usnrte I.A.—.—Aft .1 AO.NW ro^wMMaN»Yw.u.mfee�M»Wn tYrtmnAnuwen AAera ID..11 W crmm+AnFN'A.. I M/Cmmaw Erprx �Une _EC Otlm_MAAAA--w wan _ ^_• •.�'.Y,�.y'�I nub LOCATION MAP - , y I wa {raR-F PROPERTY OWNED BY. Ingietia ApDnASUA Ole k IS en CralaJ— in IM UDXptl SR.A O,n OEM. "S FEWn Ulve OaweOO.lan.. DOW `AI PA I Ra AV—nA.,L Va S A. M EEllu CttMEEC 1 . CnAbtMRdu,V. Mvum uRM—A .aw.wAn� —mry AULmenuryq .eewoairei — .AVAA—AWwnvueun »ww.yµu 1wwMn. R?w mnwANurtnrtlMnaraem.rr.mmem UVYIn�^YNauiew'a—xon mmnvn_ PVIIMx3 AXUCxaxO Wxx SSICN `. DA EE F. .AI .—AD llla Pw 4naq[m.nurcn COA.VIVOf Ru£ERM 4ivw�n reA tl�M^_ �_ M,II—A, n:rr„rvnr: Alan ). foWson, P.C. Professbnal Land Surveyors " S. IRA Stand,(RN. 31), West DI"REa, 1111.80118 P1wre:(81T)026 3811 EMAIL SIRV R®AIANJCO SO OM