14-122 Resolution No. 14-122
RESOLUTION
AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO
ANNEXATION AGREEMENT WITH ABCP INVESTMENTS, LLC.
(Lot 6 and Lot 7-Capital Corporate Center - 1755 and 1775 Capital Street)
WHEREAS, the Owner of certain property commonly known as Lot 6 and Lot 7 of
Capital Corporate Center, or by their street address at 1755 and 1775 Capital Street, Elgin,
Illinois has proposed that the annexation agreement between the Owner and the City of Elgin be
amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was
held by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed Second Amendment to Annexation Agreement with ABCP
Investments, LLC, is in the best interests of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be
and are hereby authorized and directed to execute, on behalf of the City of Elgin, the Second
Amendment to Annexation Agreement with ABCP Investments, LLC, a copy of which is
attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 10, 2014
Adopted: September 10, 2014
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
SECOND AMENDMENT TO ANNEXATION AGREEMENT
(Lot 6 and Lot 7 of Capital Corporate Center
Commonly known as 1755 and 1775 Capital Street)
THIS SECOND AMENDMENT TO ANNEXATION AGREEMENT (Amendment)
is made and entered into this 10th day of September , 2014 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 ABCP Investments, LLC,
an Illinois limited liability company (hereinafter referred to as "Developer" and
"Owner").
WITNESSETH
Whereas, the Owner and the City entered into an Annexation Agreement dated
December 20, 2006 (hereinafter referred to as the "Annexation Agreement") regarding
the property commonly known as Capital Corporate Center, being legally described in
Exhibit"A", which is attached and made a part hereof, and
Whereas, the Owner continues to be the owner of Lot 6 and Lot 7 of Capital
Corporate Center (hereinafter "Lots 6 and 7"), which lots are a part of the Subject
Property covered by the Annexation Agreement; and
Whereas, under Section 49B of the Annexation Agreement, the Owner (as the
owner of Lots 6 and 7) and the City may agree to amendments to the Annexation
Agreement involving only Lots 6 and 7 without the consent or involvement of any other
party to the Annexation Agreement; and
Whereas, the Annexation Agreement was amended on December 2, 2009, by
Resolution No. 09-253, entitled "Resolution Authorizing Execution of a First
Amendment to Annexation Agreement with ABCP Investments, LLC (Capital Corporate
Center)" to allow for the development of Lot 2 of Capital Corporate Center Subdivision
with a Skilled Nursing Facility; and
Whereas, the City Council, in its Ordinance No. G47-14, has designated the
property commonly referred to as Capital Corporate Center as part of the Randall Road/I
90 Area of Special Character (the "Randall Road/I 90 Area of Special Character')
pursuant to Section 19.50.105; and
Whereas, The Owner now desires to further amend said Annexation Agreement
to establish special regulations for street graphics on Lots 6 and 7, such lots being
included within the Randall Road/] 90 Area of Special Character, and those street
graphics being depicted in "Exhibit B" which is attached and made a part hereof(herein
after referred to as the "Special Street Graphics"); and
Whereas, the Owner desires to amend Paragraph 2 of the Agreement only with
respect to Lots 6 and 7 of Capital Corporate Center Subdivision, such paragraph
describing the PORI Planned Office Research Industrial district ordinance Number G21-
07 which was subsequently amended through PORI Planned Office Research Industrial
district ordinance Number G64-09 (hereinafter referred to as -PORI ordinance") for the
Subject Property; and
Whereas, the City desires to accommodate Owner's desire to so amend such
PORI ordinance; and
Whereas,the City has held the public hearings on the proposed amendment to the
annexation agreement and the proposed amended PORI ordinance as required by law.
Now Therefore, for and inconsideration of the premises and the mutual promises
and agreements herein contained and pursuant to the authority and conditions given and
contained in the statutes of the State of Illinois, the parties hereby agree as follows:
A. This Second Amendment to Annexation Agreement is made pursuant to
and in accordance with the provisions of Section 1 1 of the Illinois Municipal Code (65
ILCS 5/l 1-15.1.1 et seq.), and in the exercise of the home rule power of the City.
B. The "Special Street Graphics" depicted in Exhibit B of this amendment
exhibit are hereby permitted to be constructed on the rear portions of Lots 6 and 7 of
Capital Corporate Center in a location depicted on "Exhibit C" which is attached and
made a part hereof.
C. Paragraph 2, being the PORI Planned Office Research Industrial district
ordinance Number G21-07 subsequently amended through PORI Planned Office
Research Industrial district ordinance Number G64-09, is hereby further amended as set
forth in "Exhibit D" attached hereto and made a part hereof by this reference. The City
agrees to adopt said amended PORI ordinance within thirty (30) days following the entry
into and execution of this amendment.
D. Future amendments to Paragraph 2 as described in Section C of this
amendment shall not require further amendment to the Annexation Agreement.
E. In the event of any conflict between the terms of the Agreement, the terms
of the First Amendment to the Agreement, and the terms of this Second Amendment to
the Agreement, the terms of this Amendment shall control. In all other respects, the
Agreement shall remain in full force and effect as originally written and as amended.
- 2 -
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: OWNER:
CITY OF ELGIN, a municipal corporation ABCP Investments, LLC
By: By:
Mayor
Its: iac N kG�
Attest:
By:
l
City Clerk
- 3 -
Exhibit A - Legal description
Capital Corporate Center
Lots 1 through 8, inclusive, in Capital Corporate Center, being a subdivision of that part of the
northeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal
Meridian, according to the Plat thereof recorded August 1, 2007 as document number
2007KO80199 and certificate of correction recorded August 22, 2007 as document
2007K087599, in the city of Elgin, Kane County, Illinois.
OPTION A ■ 1"arvin-clauss
S I G N C 0 M P A N Y
21. 2"
I
CAPITAL PROJECT.
fi Al3CF'lrvcotrrcnt5,LLC
OFFICE CENTER] c/o Peter Dazo-'3
TD,1).
Elgin.IL
TENANT
2 1- CUSTOMER APPROVAL:
DATE
TENANT B AUTHORIZED SIGNATURE
2".
REPRESENTATIVE
Brian Newton
TENANT C DRAWN BY
2--
Bill Marlow
TENANT D DATE
6.24.14
2"A
SCALE
SHEET NO.
TENANT E 1 of
WORK ORDER
t J, 71271
TENANTFFILE NAME AE5CF'71271
Me Face Illuminated Monument 5ign
_Mqinq___
REVISIONS:
Cabinet: Fabricated Aluminum Fainted White Texture Finish T
Faces: .125°Alum,Painted VVhtc-Texture Finish
Graphite: Routed&[3a(,kp,J.o rjj.h black/White Acrylic
Tj
Illumination: FbOrC',Cclit Lamp,,.,nA i ectro)nit;
Power: (1)20Amp a 120Volt 5 Electnc,-al Grcuit Furl to Site by0thers
4
ReveaI5: Fabricated Alum,F-ait ed 53'-in black
Pole Covers: Fabricated A'wii F7,,inted'A/hitc Texture Fir.:�h
Mounting: (2)43"x 6"Square Stec! cct In T-6"diameter x 8'0"deep
—.
Concrete Ffrr Foundations 6
7
NOTE AU TEAT&COLOR5 50JECT TO REVISION
lhrs siXn is intended to be i,nl,�lled
u,au_xdaner wirh the
t,,,f Antic 4,00o-I,,,
�T ,
ru—,) p,I , h,Id,
i"I'l, A, .......... 11,- EXHIBIT
OPTION B --.- - 10.-0�1 -- ---- -- ---- -- ■ 1"arvin-Clauss
2" 2'� - S I G N C 0 M P A N /
CAPITAL PROJECT:
nt A[3Cfl Investments,L-[-(-.
THEATREc/o Peter bazos
T.B.D.
2" Elgin,IL
CUSTOMER APPROVAL:
DATE
AUTHORIZED SIGNATURE
REPRESENTATIVE
2"- Brian Newton
2"- i DRAWN BY
13111 Marlow
DATE
b
SCALE
SHEET NO.
2 of 2
r Disconnect WORK ORDER
_ Switch 71271
FILE NAME
ADCP71271
(1)20'-O"x 10'-1"x l'-6"Double Face Illuminated Monument 5ign
REVISIONS:
Cabinet: Fabricated Alurrouni Fairiiicel White-Texture Finish
Faces: 12� AILAL11 F?ir)tfed White-Texture Finish
Graphics: Koutecl,&E3ackrd with Black/White Acrylic
Illumination: Rjore,(-ciit LarnL-,and Electronic Ballasts
EMC Unit: l6nirn k0t' LE)-VIiAtutiFire
Power: (1)2,-'AnV0l 120,Volt Electr;6al Circuit Run to Site by Others
Reveals: F-allmcate-d Alu^-, ';�,ied mat Black 5
Pole Covers: Falbricatec &urn.Painted'4'hrtG-Texture Finish
Mounting: t 2)6"x"i"Go L ial te<,-ijbrc,set in T-6"diameter x 6-0 6
Concrete f 7
Ni ALL TEXT&COLOR5 5JAJEC-r TO RE05I0N
This sign a Intended to tx•Installed
.�c corrlancr with the
moulremm�ts of Article lOO of the
.Vat L,nal Electrical Cork-d
l""d
nu.
Qy 11,— , al-
...........
lExhibit "C"
OF
CAPITAL CORPORATE CENTER [,lProposed area permitting the ation of the
"Special Street Graphics"
BWNQ A SUMMON OP
MIX K
LOW a
tar 4\
LOT
wnm 11
LOT I
IT
SL
FOR Ult'veir-W
MA00044,13U.I. ONLY
EXHIBIT
C.
Ordinance No. Gxx-14
AN ORDINANCE
ESTABLISHING SPECIAL REGULATIONS FOR STREET GRAPHICS
WITHIN A PORTION OF THE RANDALL ROAD/I-90 AREA OF SPECIAL CHARACTER
(Lot 6 and Lot 7-Capital Corporate Center)
WHEREAS, written application has been made to add the property commonly known as
Capital Corporate Center into the Randall Road/I-90 of special character; and
WHEREAS, Section 19.50.105 of the Elgin Municipal Code, 1976, as amended, provides
that the City Council may designate specific locations within the city as Areas of Special
Character in order to provide appropriate flexibility in the regulation of street graphics through
the adoption of special regulation for these areas that can vary from the regulations contained
within the City's Street Graphics Ordinance; and
WHEREAS, the City Council, in its Ordinance No. Gxx-14, has designated the property
commonly referred to as Capital Corporate Center, and further described in Section 1 of said
ordinance as part of the Randall Road/I 90 Area of Special Character (the "Randall Road/I 90
Area of Special Character")pursuant to Section 19.50.105; and
WHEREAS, written application has been made to adopt special regulations for street
graphics on the property commonly referred to as Capital Corporate Center, those regulations
being further described in Section 1 of this ordinance as part of the Randall Road/I 90Area of
Special Character; and
WHEREAS, the Planning & Zoning Commission held a public hearing concerning
adding the property at Capital Corporate Center into the Randall Road/I-90 Area of Special
Character and concerning the proposed special regulations and has submitted its written findings
and recommendation that the subject property be added to the Randall Road/I-90 Area of Special
Character and that the special regulations for street graphics be granted; and
WHEREAS, the City Council has previously determined that the Randall Road/I 90 Area
of Special Character has unique characteristics including the area's location, topography and
being adjacent to U.S. Interstate 90; and
WHEREAS, the City Council further finds that the location and use of the subject
property as a commercial and industrial subdivision, presents specified unique challenges and
demands such that the City's street graphic ordinance cannot adequately regulate street graphics
for such use in such area; and
WHEREAS, the proposed special regulations for the subject property are consistent with
the unique character and unique use of the Randall Road/I 90 Area of Special Character and
departures from the street graphics ordinance as contained within such proposed special
regulations are limited to address the unique and particular area characteristics and use
characteristics of the subject property's portion of the Randall Road/I 90 Area of Special
Character.
EXHIBIT D
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. The following Special Regulations for Street Graphics for the Capital
Corporate Center portion of the Randall Road/I 90 Area of Special Character, such property
being legally described in the Ordinance Amending Chapter 19.50 of the Elgin Municipal Code,
1976, as Amended, entitled "Street Graphics," Regarding the Randall Road/1-90 Area of Special
Character (Capital Corporate Center), Ordinance No. Gxx-14 (the "Subject Property"), be and
are hereby granted and approved pursuant and subject to the following terms and conditions:
1. Compliance with the graphics exhibit entitled "ABCP Investments c/o Peter
Bazos" prepared by Parvin-Clauss Sign Company, dated June 24, 2014, attached hereto
as Exhibit 1 (such plan is hereinafter referred to as the "Subject Special Sign District
Plan"). Pursuant to the Subject Special Sign District Plan, one double-faced light
emitting diode (LED) electronic changeable copy graphic (the "Special Sign") and
depicted as Option B of Exhibit 1, shall be permitted on the Subject Property in the
location as set forth in paragraph 3 below. Notwithstanding the foregoing, the graphic
that is ultimately installed may, at the request of the applicant, depart from the Special
Graphics Regulations of the Planned Development in the following respects: (i) it may be
less than 20 feet in height; (ii) it may be less than 10 feet in width; (iii) it may be of a
color other than white; and (iv) it may have such overall design / style attributes as
approved by the development administrator.
2. At the election of its owner, the light emitting diode (LED) electronic display
panel on the sign may initially be constructed and/or from time-to-time replaced with
static (no-LED) sign faces containing the names, logos and messages of tenants within
Capital Corporate Center subdivision and with a maximum surface area not to exceed
200 square feet and 20 feet in height.
3. The Special Sign shall be installed only at a location within the strip of land of the
Subject Property depicted on Exhibit I attached hereto. The Special Sign may be
constructed on a berm which is not higher than thirty-six inches above the surrounding
average grade and landscaped in an area equal to no less than 2.5 times the surface area
of the graphic.
4. The graphic shall be oriented in such a manner as to create minimum negative
impact to the greatest extent possible on residential property in the vicinity.
5. The light emitting diode (LED) electronic display panel included as part of the
sign shall also comply with the following additional standards:
a. All images, displays or messages of any type or nature (hereinafter
collectively "Image" or "Images") shall be static without any type of
movement or motion whether the Images are in the form of animation,
video, text or otherwise. No continuous traveling, scrolling, flashing,
spinning, revolving or shaking, or any other type of movement or motion
of an Image shall be allowed.
- 2 -
•
b. The rate of change for any Image shall be for a minimum period of ten
(10) seconds, i.e., each Image displayed shall be displayed for a minimum
period of ten(10) seconds.
C. Any Image or message change sequence shall be accomplished
immediately with no transition by changing from one screen to another or
by means of fade or dissolve mode.
d. The intensity or maximum brightness of the light emitting diode (LED)
electronic display panel shall not exceed five thousand (5,000) nits when
measured from the sign's face at its maximum brightness, during daylight
hours, and five hundred (500) nits when measured from the sign's face at
its maximum brightness between dusk and dawn, i.e. the time of day
between sunrise and sunset. The light emitting diode (LED) electronic
display panel shall include an ambient light meter at a programmable or
manual dimming capacity.
e. The square footage of the light emitting diode (LED) electronic message
center shall not exceed 90 square feet or 45% of the overall surface area of
the graphic, whichever is less. An LED electronic display panel shall be
permitted to be installed on both sides of the graphic.
f. The light emitting diode (LED) electronic changeable copy graphic, as
well as all other street graphics within the Subject Property shall not be
operated, in whole or in part, as an Off Premises Street Graphic.
g. The light emitting diode (LED) electronic display panel shall display
Images limited solely and only to displaying in text the names, logos and
messages of the companies, one at a time, then currently owning or
occupying the Subject Property as a bona fide full time and year round
owner or tenant on the Subject Property.
h. In the event of any conflict between the standards for the light emitting
diode (LED) electronic display panel as provided for in this Subsection 5
and the provisions within the Subject Special Sign District Plan, the
provisions of this Subsection 5 shall supersede and control.
6. The owner shall be permitted to obtain any required building and zoning permits
to modify the following attributes of the graphic without requiring further amendment to
the annexation agreement or amendment to this ordinance:
a) Re-location of the graphic within the area specified on Exhibit 1 attached
hereto.
b) Position and dimensions of the electronic display panel within the overall
graphic as long as the surface area of such panel does not exceed 90
square feet or 45%of the overall surface area of the graphic.
- 3 -
7. In the event of any conflict between the special regulations for the Subject
Property as provided herein, and the provisions of Chapter 19.50 of the Elgin Municipal
Code, 1976, as amended, entitled "Street Graphics", the provisions of these special
regulations for the Subject Property as contained herein shall supersede and control.
8. With the sole exception of the Special Sign (i.e., the light emitting diode (LED)
electronic changeable copy graphic described in paragraph 1 or the non-electronic
graphic described in Paragraph 2 of this section as authorized in this ordinance), all other
street graphics on the Subject Property shall comply with the provisions of Chapter 19.50
of the Elgin Municipal Code, 1976, as amended, entitled "Street Graphics".
Section 2. That this ordinance shall be in full force and effect upon its passage in the
manner provided by law.
David J. Kaptain, Mayor
Presented: September 10, 2014
Passed:
Vote: Yeas Nays:
Recorded:
Published:
Attest:
Kimberly A. Dewis, City Clerk
- 4 -