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Home My WebLink About98-142 Resolution No. 98-142 RESOLUTION AUTHORIZING EXECUTION OF A PARK CONTRIBUTION AND DEVELOPMENT AGREEMENT WITH PULTE HOME CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Park Contribution and Development Agreement on behalf of the City of Elgin with Pulte Home Corporation for a park improvement in the Willow Bay Subdivision, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: June 10, 1998 Adopted: June 10, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 98-142 PASSED: JUNE 10, 1998 SUBJECT: AGREEMENT WITH PULTE HOME CORPORATION FOR A PARK IMPROVEMENT IN THE WILLOW BAY SUBDIVISION _ -- ____ SPEED MESSAGE TO FROM 1 ' • s , 7 7h --- . SUBJECT (0 ‘41.4)X _tLI;(1. /4611- ( 19, P (i (Ck---111.- C6)---; 17-"L.t- (1,,,tc- .I.- I DATE N 0 /—7( ( 7) 44. ‘f . •'- .41,44- . ' 0.-i H- ./- , A - 4./.4....i ----) • . ,, (1,a9.---k. " , r''•,.,CI . i P„,C444.---.L.,.._ COD ..1 t•:- ' 4 (?-7))" 7 -1.-4- -e-C(-1, AJ7 •H cZ/ ( la ,/_ ,(.2 ( I k rA9774P 9A1---(4-1"-A-c-v 4 /- 6),---- SIGNED ird wiIS011JODCS® WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate . , . , . . - . „. . • �y OF ECC f V,S ° City of Elgin Agenda Item No. /4 e„.... /e010°' May 15, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Park Contribution and Development Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a park contribution and development agreement for a proposed park improvement in Willow Bay (a/k/a Heartland Meadows) Subdivision. BACKGROUND Pulte Home .Corporation has caused plans and specifications to r be prepared for a tot lot in a residential community they are developing, known as Willow Bay. Pulte has dedicated the park site to the City, and will construct a tot lot on the site at their cost and expense. They are asking for a credit against the park impact fees they owe for the development, based on the value of the land conveyed to the City and the cost and expense of constructing the tot lot improvements . Title 17 Development Impact Fees of the Elgin Municipal Code, 1976, as amended, provides a mechanism to credit a developer for the dedication of improved or unimproved park sites and/or a mechanism to require a developer to make a payment of cash in lieu of such dedication to the City for park purposes as a condition to the issuance of building permits for any residential developments within the City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Pulte Home Corporation. 01(- FINANCIAL IMPACT The estimated park impact fees for the single family portion of Willow Bay in 1998 dollars is $395, 585 . The value of the land dedicated for the tot lot is approximately $19, 390 and the estimated cost of the improvements on the tot lot is $160, 850 . The value of the park land and the cost of the Park Contribution and Development Agreement May 19, 1998 Page 2 improvements ($180, 240) would function as a credit against the payment of the park impact fees . Pulte would be responsible for payment of the remaining balance due for the park impact fees . Staff will review the actual invoices, time sheets and other documentation pertaining to the construction of the tot lot to determine the exact amount of the credit . LEGAL IMPACT None . ALTERNATIVES 1 . Approve the agreement as proposed. 2 . Do not enter into an agreement and make the park improvements at a later date using budgeted neighborhood park improvement funds . RECOMMENDATION Enter into a park contribution and development agreement with Pulte Home Corporation, which provides park impact fee credit for the value of the land, and the cost and expense of constructing the improvements associated with the tot lot . R- pectfully submitted, 62- 11- -(a/j/41 ,_ Jo ce�A. Parker t ' ty Manager TJA/ta PARK CONTRIBUTION AND DEVELOPMENT AGREEMENT r This Agreement is made and entered into this day of , 1998 by and between Pulte Home Corporation, a Michigan Corporation ( "Pulte" ) and the City of Elgin, a municipal corporation (the "City" ) . WITNESSETH: WHEREAS, Pulte is the developer of a residential community known as Willow Bay, consisting of 139 acres more or less located at the southeast corner of Randall Road and Bowes Road in the City of Elgin; and WHEREAS, Willow Bay will be comprised of 299 single emm. family residences (the "Single Family Portion" ) and 162 multiple family residences (the "Multiple Family Portion" ) ; and WHEREAS, Title 17 Development Impact Fees of the Elgin Municipal Code, 1976, as amended (the "Development Impact Fee Ordinance" ) , provides a mechanism to credit a developer for the dedication of improved or unimproved park sites and/or a mechanism to require a developer to make a payment of cash in lieu of such dedication to the City for park purposes as a condition to the issuance of building permits for any residential developments within the City; and WHEREAS, there is located within Unit 1 of Willow Bay (subdivided as Heartland Meadows Unit 1, recorded August 29 , 1995 in Kane County, Illinois as Document No. 95K049954 ) a parcel consisting of . 459 acres ( "Lot A" , the "Tot Lot" ) which has been dedicated to the City for park purposes by re. Pulte; and WHEREAS, Pulte at its cost has caused JEN Land Design, Inc. to prepare plans and specifications entitled Willow Bay Park Site, dated February, 1997 and revised March 13 , 1997 (the "Tot Lot Plans" ) for the installation of the Tot Lot within Lot A; and WHEREAS, the parties wish to provide in this agreement • for the improvement by Pulte of Lot A pursuant to the Tot Lot Plans . Credit for the dedication to the City and for the improvement by Pulte of Lot A shall be apportioned over the payments due by Pulte for each of the remaining dwelling units in the Single Family Portion of Willow Bay, NOW THEREFORE, for and in consideration of the mutual obligations and undertakings of this Agreement and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows : 1 . City hereby ackowledges the receipt of the Tot Lot Plans prepared by JEN Land Design, Inc. , dated February, 1997 and revised March 13, 1997 and hereby approves the same. 2 . Pulte shall obtain all necessary permits for the installation of the Tot Lot and shall cause the improvements to be completed in accordance with the Tot Lot Plans at Pulte' s cost and expense. 3 . Pulte shall cause the installation of the Tot Lot to be substantially completed subject only to "punch list items" by November 15, 1998 ( "Tot Lot Substantial Completion Date" ) subject to extensions necessary for matters beyond the reasonable control of Pulte. PARK.WBY/ARMSTR T 4 . Pulte shall be permitted access to Lot A at all times from and after the Tot Lot Substantial Completion Date in order to complete punch list items for each. 5 . Pulte shall , at its cost, replace any landscaping installed by Pulte on the Tot Lot which may die during 1999 , except for such landscaping as may die as a result of the failure of the City to maintain and water the same. 6 . Pulte shall receive credit for the sum total of the value of the land under Lot A as specified in the Development Impact Fee Ordinance and the cost and expense of improving the Tot Lot pursuant to the approved Tot Lot Plan. Pulte shall be entitled to building permits, as the same are requested from the City, and shall pay development impact fees for the remaining dwelling units in Willow Bay, which shall include park site impact fees apportioned to reflect the approved credit for land dedication and improvement. IN WITNESS WHEREOF, the parties have entered into this Agreement the date and year first above written. PULTE HOME CORPORATION THE CITY OF ELGIN By: By: Kevin Kelly, Mayor Its : Delonna Mecum, City Clerk PARK.WBY/ARMSTR T Site Details and 9nformation for Willow vay ark Site Elgin, Illinois Prepared for: Pulte Homes 2500 W. Higgins Road, Suite 770 Hoffman Estates,Illinois 60195 (847) 843-0500 and City of Elgin Parks& Recreation Department 31 South Grove Elgin,Illinois 60120-5555 (847) 931-6788 Prepared by: JEN Land Design, Inc. 5507 N. Cumberland, Suite 406 Chicago,Illinois 60656 (773)763-3320 February, 1997 rik Revised March 13, 1997 ../: lan.g ;. . \ .\<" ,` ,J L T.J L-- - \<__i I I I-- cool . ir. < -7 1 M N VI ' . __ id....... P-til -g pi 1 l ____� L __ -- ----- 1111 1 off:t.: . . . O— , . r>r a _twit,: ....., I AB ,,.,.7.,.. . re,-jr, Illuiri .r. a\c\\........ 1 4 !. g on rw 11•1 ip; ik. wl �� \�.. m a. ,J In. m� ... 11 Ii' ` '417 I \ fn. s.., •ip..40,_:_��•� 1 w / lieI • I . `I r ' 7/4. Willow Bay n. n, >.� 1, �'- Th0... 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