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14-4 unsigned Resolution No. 14-4 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO ANNEXATION AGREEMENT WITH PULTE GROUP, INC. (Shadow Hill Subdivision Unit 4) WHEREAS, the Owner of certain property commonly known as the Shadow Hill Subdivision Unit 4, 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 Pulte Group, Inc. 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 Pulte Group, Inc., a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: January 22, 2014 Adopted: January 22, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PRIM. 00o©RAit for: of ❑ Telephoned ❑ Returned your call ❑ Came in ❑, ill call a in„ ❑ Please return the call ❑ See me Message:_.��s� �r - 1S Phone: Date Time By_ ___ SECOND AMENDMENT TO ANNEXATION AGREEMENT (Shadow Hill Subdivision Unit 4) THIS SECOND AMENDMENT TO ANNEXATION AGREEMENT (Amendment) is made and entered into this day of , 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 Pulte Group, Inc., (hereinafter referred to as "Developer" and "Owner") as successor in interest to PII Real Estate LLC, and Centex Homes. WITNESSETH Whereas, the predecessor in title to the Owner and the City entered into an Annexation Agreement dated August 11, 2004 (hereinafter referred to as the "Agreement") regarding the property commonly known as Shadow Hill Subdivision; and Whereas, Owner owns a portion of Shadow Hill Subdivision known as Unit 4 of the Shadow Hill Subdivision, being legally described in Exhibit "A", which is attached and made a part hereof(which real property, for convenience, is hereinafter referred to as the "Subject Property"); and Whereas, the Agreement was amended on December 20, 2006, by Resolution No. 06-298, entitled "Resolution Authorizing Execution Of An Amendment To Annexation Agreement With Centex Homes (Shadow Hill Subdivision-Unit 4-Water Road)" to allow for balconies to be a permitted obstruction to encroach into the required rear yard building setback for certain lots in Unit 4 of the Shadow Hill Subdivision; and Whereas, The Owner now desires to further amend said Annexation Agreement to add additional building elevations and floor plans to Shadow Hill Subdivision Unit 4, such additional building elevations and floor plans are depicted in Exhibit B which is attached hereto and made a part hereof(the "Building Elevations and Floor Plans"). Whereas, the Owner desires to amend Exhibit "C-2" to the Agreement with respect to Unit 4 of the Shadow Hill Subdivision, such Exhibit C-2 being the PSFR2 zoning ordinance for the Subject Property; and Whereas, the City desires to accommodate Owner's desire to so amend such Exhibit"C-2": and Whereas,the City has held the public hearings on the proposed amendment to the annexation agreement and the proposed amended PSFR2 zoning ordinances 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 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. B. The "Building Elevations and Floor Plans" exhibit attached as Exhibit K to the Annexation Agreement is hereby expanded to permit the building elevations and floor plans as depicted in Exhibit B of this amendment on the thirty-seven (37) lots (Lots 96-132) located west and south of Range Road within Shadow Hill Subdivision Unit 4. C. Exhibit "C-2", being the PSFR2 Planned Single Family Residence District ordinance, is hereby amended as set forth in Exhibit C attached hereto and made a part hereof by this reference. The City agrees to adopt said amended PSFR2 ordinance within thirty (30) days following the entry into and execution of this amendment. D. Future amendments to Exhibit "C-2" as described in Section C. of this ordinance 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. 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. [SIGNATURE PAGE FOLLOWS] - 2 - CITY: OWNER: CITY OF ELGIN, a municipal corporation Pulte Group, LLC By: By: Mayor Its: Attest: By: City Clerk F:\Legal Dept\Agreement\Annexation-Shadow Hill Unit 4-2nd Amend-Pulte-Pet 39-13-clean 1-15-14.docx - 3 -