Village of Mahomet 503 E. Main Street - P.O. Box 259 - Mahomet, IL 61853-0259 phone (217) 586-4456 fax (217) 586-5696 SPECIAL BOARD OF TRUSTEES VILLAGE OF MAHOMET ADMINISTRATION OFFICE 503 E. MAIN ST. NOVEMBER 14, 2017 6:00 P.M. AGENDA 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENT: The Board welcomes your input. You may address the Board by completing the information requested on the sign in/oath sheet before the meeting. You may address the Board at this time on items that are not on the agenda. Please state your name and address for the record. Please limit your comments to five minutes or less. 5. PUBLIC HEARING: A. A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH LAKE OF THE WOODS, LLC 6. ORDINANCES, RESOLUTIONS AND MOTIONS (TO BE ACTED UPON) 7. ADJOURNMENT A. ADMINISTRATION: 1. RESOLUTION NO 17-11-01, A RESOLUTION AUTHORIZING THE AMENDMENT OF A SERVICE AGREEMENT FOR THE SUPPLY OF ELECTRICITY FOR RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT OPT OUT OF SUCH A PROGRAM (ELECTRIC AGGREGATION) http://mahomet.govoffice.com
MEMORANDUM TO THE BOARD OF TRUSTEES ITEM: ANNEXATION AGREEMENT 20 +/acres commonly known as Lake of the Woods Apartments (307 N Prairieview Rd) and undeveloped land AGENDA SECTION: Planning and Development ATTACHMENTS: (X) Draft Annexation Agreement with exhibits A and B (X) Area Connectivity Exhibit (X) Draft Resolution DEPARTMENT: Community Development AMOUNT: NONE DATE: for Study Session November 14,2017 INTRODUCTION: A public hearing will be held at this Study Session related to an annexation agreement for 20+ acres in northeast Mahomet. The land includes Lake of the Woods Apartment complex and approximately 10 acres of undeveloped land. BACKGROUND: Developers of Prairie Crossing, MRDF, Inc., approached Village staff about potential lands for single family home development. One potential parcel was adjacent to the existing Prairie Crossing Subdivision and staff believed the owner (Lake of the Woods LLC) of the undeveloped land would consider a sale if it included compliance opportunities. The apartment complex itself does not conform to County density requirements nor is the land properly subdivided. The annexation agreement is intended to facilitate the development of a 10 acre parcel of land that would provide important connectivity of Red Bud Drive while securing future annexation of the entire 20 acres. Staff provided support to the negotiation between the land owner and the prospective buyer/developer over the last year. The land owner and MRDF report they have a sales contract with contingency of annexation agreement approval. Highlights of the annexation agreement: 1. Assures immediate annexation of the vacant 10 acres. 2. Pre-approves the creation of two (2) subdivided lots to facilitate a sale of the undeveloped portion of the land. 3. Delays annexation of Lake of the Woods apartment land; provides time for the owner of the complex to make rent accommodations to address the application of Village real estate taxes; and, rebates the Village s share of real estate taxes for three years after annexation. 4. When annexed into the Village, it secures compliance of the existing apartment complex relating to density, setbacks, parking spaces, stormwater regulations, private access, site circulation, etc. 5. Secures that the west half of the apartment complex site has drainage partially managed via the development of Prairie Crossing South. 6. Effectively releases the property from its non-compliance status with the County concerning density. 7. Assures a sidewalk will be constructed along the frontage of Prairieview Road.
MEMO to Board of Trustees Annexation Agreement LOTW Apts For Study Session November 14, 2017 Page 2 DISCUSSION OF ALTERNATIVES: (1) APPROVAL (staff recommendation) The undeveloped land is purchased from the owner and annexed. (2) DENIAL of the annexation agreement - The land remains in the County; the sale does not go through; the land remains undeveloped. PRIOR BOARD ACTION: None COMMUNITY INPUT: The Annexation Agreement has been available for review per the published legal notice for the public hearing Mahomet Citizen on October 20, 2017. A public hearing concerning rezoning upon annexation was held at the November 7, 2017 Plan and Zoning Commission meeting. The public hearing concerning this annexation agreement is scheduled for the November 14, 2017 BOT Study session. BUDGET IMPACT: Limited, with agreement approval. Future budget impacts will be presented and considered upon subdivision applications or annexation requests. STAFF IMPACT: None SUMMARY: The annexation agreement attached hereto has been reviewed by staff, Village legal, property owner, and contract purchasers. The Plan and Zoning Commission held a public hearing on November 7, 2017 and forwarded an approval recommendation related to zoning classifications for the land subject to the annexation agreement. The PZC recommendation is to rezone the lands upon annexation as R1C Single-Family Residential and R-3 Multiple-Family Residential districts. RECOMMENDED ACTION: The annexation agreement requires action after the BOT considers the rezoning upon annexation case. If the BOT does not approve the proposed zoning designations, the BOT should not approve the annexation agreement. Staff requests placement of this case on the regular agenda for the November 28, 2017 meeting. However, staff and the petitioner would appreciate an informal poll of the Board. DEPARTMENT HEAD APPROVAL: /s/ Kelly Pfeifer VILLAGE ADMINISTRATOR: /s/ Patrick Brown
ANNEXATION AGREEMENT On this day of 2017, the VILLAGE OF MAHOMET, an Illinois Municipal Corporation, of Mahomet, Illinois, (the "Village"), by and through its President and Board of Trustees, (the "Corporate Authorities"), and LLC, an Illinois Limited Liability Company, (the "Owner"), (collectively the "Parties") have entered into this Annexation Agreement, (the "Agreement"), for the uses and purposes set forth herein and the Parties agree as follows: WITNESSETH WHEREAS, Village is a municipal corporation organized and existing under the laws of the State of Illinois; and WHEREAS, Owner is the owner of record of the premises hereinafter described on Exhibit "A", which exhibit includes legal descriptions for the two (2) parcels of real estate individually described as "Tract A" and "Tract B", said parcels being hereinafter collectively referred to as the "Property". Exhibit "A" is attached hereto and made a part hereof by this reference; and WHEREAS, Tract A is now vacant, unimproved, and consists of approximately 9.6 acres; Tract B is now improved with eight (8) commercial apartment buildings and one (1) office building, and consists of approximately 10.4 acres; and WHEREAS, Tract A is presently zoned AG-2 Agriculture and Tract B is presently zoned R-4 Multiple Family Residential, pursuant to the Zoning Ordinance of the County of Champaign, Illinois; and WHEREAS, the Property is not within the corporate limits of any municipality, but is contiguous to the corporate limits of the Village; and WHEREAS, Village and Owner desire that the Property be annexed to the Village, zoned and developed pursuant to the terms and conditions set forth in an Annexation Agreement; and WHEREAS, Village has the authority to enter into an Annexation Agreement pursuant to State law; and WHEREAS, Owner intends to sell Tract A to MRDF, LLC, an Illinois Limited Liability Company ( MRDF ), for development of a residential subdivision, and presently intends to retain Tract B for its current uses and purposes; and 1
WHEREAS, Owner intends to have Tract A rezoned to the R1C (Single Family Residential District) and Tract B rezoned to the R-3 (Residential Multiple-Family District), under the terms and provisions of the Village Zoning Ordinance, subject to the terms and conditions set forth in this Agreement; and WHEREAS, Village does not currently provide fire protection or library services independent of the existing fire protection district and library district, no notices are required to be sent to the Cornbelt Fire Protection District or the Mahomet Public Library District; and WHEREAS, the annexations contemplated herein do not include a highway under the jurisdiction of Mahomet Township and, therefore, notices do not need to be sent to the Township and the Road District; and WHEREAS, Village does not currently provide sanitary sewer service or public water supply to the Property, as those utility services are provided by the Sangamon Valley Public Water District ("SVPWD"); and WHEREAS, Village, upon approval of this Agreement, has agreed to annex the Property to the Village pursuant to the timetable set forth herein, to zone the Property for residential development generally consistent with Concept Plan A, which is attached hereto and marked Exhibit "B"; and WHEREAS, the Parties hereto acknowledge that other matters, in addition to those specifically included in this Agreement, have been considered, that the development of the Property, in accordance with the terms and provisions of this Agreement, will be compatible with the planning objectives of the Village; will extend the corporate limits and jurisdiction of the Village; will permit orderly growth, planning and development of the Village; will increase the tax base of the Village and will otherwise enhance and promote the general welfare of the Village and its residents; and NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and the benefits accruing to Village and Owner by virtue of the execution of this Agreement, the Parties hereby covenant and agree, one with the other as follows: SECTION 1. ANNEXATION AND DEVELOPMENT OF TRACT A. A. ANNEXATION OF TRACT A. Owner agrees to cause Tract A to be annexed to the Village by filing a written Petition To Annex with the Village Clerk within thirty (30) days of the execution of this Agreement. Village agrees to adopt an ordinance annexing Tract A within sixty (60) days of receipt of a valid Petition being filed. In the event that MRDF does not acquire Tract A as contemplated herein, Owner shall remain obligated to annex and rezone Tract A as set forth herein. 2
B. ZONING OF TRACT A. Village agrees to rezone Tract A to the Village's R1C (Single Family Residential District) within sixty (60) days of the adoption of an annexation ordinance for Tract A. C. DEVELOPMENT OBLIGATIONS. With regard to the development of Tract A, the installation of public improvements required for and applicable to the proposed use of Tract A, the following shall apply: 1. Owner agrees that, prior to any development on Tract A, it will submit to the Village, for its review and approval, a Preliminary Plat for the subdivision of Tract A. The Preliminary Plat shall be consistent with the requirements of the Village s Subdivision and Zoning Ordinance. 2. Owner agrees to cause all construction on Tract A, except public water lines and public sanitary sewer lines, to be in conformity with all Village codes, ordinances, lawful orders or regulations, and that the construction of building improvements shall occur only on lots platted under the terms of this Agreement. Owner shall obtain all necessary permits for construction of public water lines and public sanitary sewer lines from SVPWD. Owner shall cause construction of public water lines and public sanitary sewer lines to be in compliance with the requirements promulgated by SVPWD and shall provide the Village with evidence of compliance. 3. Owner agrees that stormwater drainage facilities and stormwater management basins shall be provided on or adjacent to Tract A, but not on Tract B, to accommodate stormwater runoff from Tract A and from those portions of Tract B that drain westerly towards Tract A. 4. Village agrees to allow Owner to coordinate with adjacent land owners to provide stormwater management basin(s) for the development of Tract A. 5. The Parties contemplate that MRDF will acquire and develop Tract A and, as a transferee from Owner, will be a beneficiary of this Agreement and obligated to comply with its terms as may be applicable to Tract A. In the event that MRDF does not acquire Tract A, it shall have no obligation hereunder. D. SALE OR TRANSFER OF TRACT A. Owner agrees to set forth in any contract providing for the sale of any part or portions of Tract A, the recognition that the development and maintenance of all land to be sold and conveyed is subject to the terms and conditions of this Agreement and, as a result thereof, any grantee / developer / owner shall be bound by the terms thereof, as if such grantee / developer / owner was a party to this Agreement and all covenants on the part of Owner herein shall be deemed equally binding upon any such grantee / developer / owner, as may be relevant to the land involved. 3
SECTION 2. INITIAL DEVELOPMENT OF THE PROPERTY. A. SUBDIVISION. 1. Owner agrees that, prior to any sale of Tract A to MRDF or any other party, it will submit a Final Plat of Subdivision for the Property to the Village for its review and approval without a Preliminary Plat being required. The Final Plat shall be consistent with the requirements of the Village s Subdivision and Zoning Ordinance, except as otherwise provided herein. The Final Plat shall be approved and recorded before any sale of Tract A occurs. 2. The Final Plat of Subdivision shall be for the express purpose of creating Tract A for future single family residential development. 3. Simultaneously with submission of the Final Plat, Owner agrees to provide the Village with Construction Plans for installation of a 4-foot-wide sidewalk along Prairieview Road. The sidewalk shall be located within an 8-foot-wide public utility and sidewalk easement located adjacent to the right-of-way of Prairieview Road. The sidewalk shall extend from the north title line of the Property to a point 40 feet north of the south title line of the Property. The Village agrees to grant a waiver of the Subdivision Ordinance requirement that the sidewalk be 5 feet in width. 4. Owner agrees to dedicate a 33-foot-wide right-of-way for Prairieview Road as a part of the Final Plat of the Property. The Village agrees to waive the requirement of the Subdivision Ordinance that a 40-foot-wide right-of-way be dedicated. 5. Owner agrees to dedicate an 8-foot-wide utility and sidewalk easement immediately adjacent to the Prairieview Road right-of-way as a part of the Final Plat of the Property. 6. Village agrees to waive any Subdivision Ordinance requirement that stormwater management facilities, including stormwater management basin(s) be constructed for the existing, developed portions of Tract B. 7. Village agrees to waive those portions of the Village Subdivision Ordinance that may require the upgrade to or construction of additional public sanitary sewers or public water mains within Tract B. The existing facilities shall be acceptable to the Village in their current condition and Owner shall not be obligated by Village to install additional fire hydrants. 8. Village agrees to grant a front yard setback along Prairieview Road of 12.0 feet in lieu of the standard 25 feet, as part of the Final Plat. 9. Village agrees to review and approve the Final Plat of Subdivision of the Property in accordance with the standard procedures of the Subdivision Ordinance, which approval shall not be unreasonably withheld. 4
10. Village agrees to defer the requirement that public sidewalks be constructed along Prairieview Road until such time as Tract B is annexed, after which Owner shall have 365 calendar days to complete construction of the required sidewalk consistent with the plans submitted to the Village pursuant to Section 2A.3. of this Annexation Agreement. 11. Village agrees to waive the requirement of the Subdivision Ordinance that Owner construct improvements to the pavement and drainage facilities of Prairieview Road. SECTION 3. ANNEXATION AND DEVELOPMENT OF TRACT B A. REPRESENTATIONS AND OBLIGATIONS OF OWNER. Owner makes the following representations, and confirms the following obligations with respect to Tract B, as described herein: 1. Annexation of Tract B. Owner agrees not to request the annexation of Tract B to the Village until such time as Owner receives written notice from the Village, requesting the filing of a Petition To Annex and further establishing the deadline by which said Petition must be filed ( Notice to Annex ). Said Notice shall be provided by the Village to Owner no earlier than December 1, 2018, but not less than twelve (12) months prior to the deadline by which a Petition To Annex must be filed by Owner with the Village. 2. Zoning of Tract B Prior to Annexation. Prior to annexation, Owner agrees to make no application for rezoning from the County of Champaign for any development of Tract B which is inconsistent with the terms and zoning classifications established by this Agreement; provided, in the event Owner anticipates a change in the use of Tract B, Owner shall provide Village with written notice of the intended development and/or proposed change in use and zoning ( Notice of Future Use/Development ), at which time the Village shall, within sixty (60) days thereafter, either (a) serve its Notice to Annex or, (b) grant Owner authority to modify the development or use of the Tract. Any effort to rezone Tract B by the County of Champaign, without first serving a Notice of Future Use/ Development upon the Village as set forth herein, shall be deemed a breach of this Agreement and entitle Village to injunctive relief. 3. Development of Tract B Prior to Annexation. Owner agrees to cause all construction on Tract B to be in conformity with all Village codes, ordinances, lawful orders or regulations. Owner further agrees that the construction of building improvements shall occur only on lots platted under the terms of the Village s Subdivision Ordinance and this Agreement. Owner shall obtain all necessary permits for construction of public water lines and sanitary sewer lines from SVPWD; further, Owner shall cause construction to be in compliance with the requirements promulgated by the Village. Owner agrees to make no application to the County of Champaign for any building permit, conditional use, special use, or variance from regulatory requirements without thirty (30) days prior notice to the Village of such intention. Any efforts to modify the development and/or use of Tract B without prior approval by the Village, as set forth herein shall be deemed a breach of this Agreement and entitle Village to injunctive relief. 5
4. Sale or Transfer of Tract B. Owner agrees to set forth in any contract providing for the sale of any part or portions of Tract B, the recognition that the development and maintenance of all land to be sold and conveyed is subject to the terms and conditions of this Agreement and, as a result thereof, any grantee / developer / owner shall be bound by the terms thereof, the same as if such grantee / developer / owner was a party to this Agreement, and all covenants on the part of the Owner shall be deemed equally binding upon any subsequent grantee / developer / owner, as relevant to the land in question. 5. General Development Terms for Tract B. (a) Owner agrees that the Tract B shall not be used, occupied or developed in any manner inconsistent with this Agreement, as amended from time to time. (b) Owner represents that Tract B is improved with eight (8) commercial apartment buildings and one (1) office building, the development and maintenance of which are in some cases inconsistent with the land use ordinances of the Village. Except as otherwise provided herein, Owner agrees to maintain all improvements in conformity with all codes, ordinances, lawful orders and regulations of the Village. (c) It is hereby acknowledged that Tract B is presently served and shall continue to be served by SVPWD and CFPD. At such time as any portions of Tract B undergo additional development, said additional development shall comply with all applicable Village codes, ordinances, and regulations, including those of SVPWD and CFPD. (d) At such time as Village may request, Owner shall dedicate an additional 2 feet of public street right-of-way for Prairieview Road, but such a request shall not be made until after January 1, 2025. (e) Owner agrees that no signage for the use of Tract B shall be placed within the dedicated right-of-way of Prairieview Road. 6. Production of Documents. Owner agrees to provide the Village such documentation as is reasonably required to determine compliance with any one or more of the terms, conditions and / or requirements of this Agreement. B. REPRESENTATIONS AND OBLIGATIONS OF VILLAGE. Village makes the following representations and confirms the following obligations with respect to Tract B: 1. Annexation of Tract B. Village shall consider, but is not obligated to approve, any Petition To Annex made in accordance with Section 3.A1. of this Agreement. Village shall waive any fee associated with such petition. 6
2. Zoning of Tract B Upon Annexation. Upon annexation, Village agrees to Zone Tract B to the Village s R-3 (Residential Multiple-Family District). 3. Waivers and Variances. Upon annexation of Tract B, Village shall grant the following waivers and variances: (a) Stormwater Detention. Owner shall be authorized to tie-in to existing and proposed stormwater drainage facilities and stormwater management basins constructed as a part of the development of Tract A, so as to accommodate stormwater runoff from the West portion of Tract B. Owner shall not be required to provide for stormwater detention for runoff on the East side of Tract B unless Tract B undergoes further development which results in an increase in stormwater runoff from the site. (b) Substandard Driveway Improvements. Village shall allow the continued use of the existing private driveways within Tract B, subject to their existing condition at the time of annexation. (c) Density. Village shall accept the development and parking density currently existing on Tract B. (d) Access to Parks and Recreation Activities. Upon execution of this Agreement and, thereafter, the residents of Lake of The Woods Apartments located on Tract B shall be granted in-village rates for participation in Village Parks and Recreation activities. (e) Substandard Parking. Upon Annexation of Tract B, Village shall grant a variance from parking space requirements under the Zoning Ordinance to provide that the existing number of parking spaces is adequate. Regardless, the number and size of parking spaces designated for accessible use shall be consistent with all current State and Federal requirements. (f) Front Yard Setback. In the event that Village requests the additional dedication of 2 feet of right-of-way for Prairieview Road as set forth in Section 3 A.5.(d) above, the Village shall grant a variance of the Zoning Ordinance front yard setback requirements to allow a minimum setback of 8.0 feet for the property involved. 4. Rebate of Real Estate Tax. Village agrees that, it will rebate to Owner the municipal component of any real estate taxes received by Village with respect to Tract B for the first three (3) calendar years following the year of Annexation. 7
SECTION 4. OBLIGATION TO DEVELOP PER CODE. Except as otherwise provided herein, Owner shall comply with all zoning, subdivision, building, mechanical and other applicable codes and ordinances of the Village, in effect at that time, pertaining to the construction and use of improvements on Tract B. SECTION 5. TERM. The term of this Agreement shall be for twenty (20) years, commencing upon the day and year first written above and expiring at 12:00 midnight on the twentieth (20 th ) anniversary date thereof The expiration date may not be extended by agreement or by operation of law. SECTION 6. NOTICES. Any and all notices required or provided for herein shall be in writing and shall be delivered personally or sent via certified or registered mail, postage pre-paid and addressed as follows: Village of Mahomet 503 East Main Street Mahomet, Illinois 61853 Attn: Village Administrator Lake of the Woods, LLC Attn: Or to such other person or address as a Party may designate in a like manner. SECTION 7. ADOPTION OF ORDINANCES. The Village agrees to adopt such ordinances as may be required to give legal effect to the matters contained in this Agreement. 8
SECTION 8. GENERAL PROVISIONS. The following general provisions shall apply to this Agreement: A. RECITALS. The recitals set forth above are incorporated into and made a part of this Agreement. B. TIME OF THE ESSENCE. Time is of the essence in the performance of this Agreement. C. RIGHTS CUMULATIVE. Unless expressly provided to the contrary in this Agreement, each and every one of the rights, remedies, and benefits provided in this Agreement shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed by law. D. NON-WAIVER. The Village shall be under no obligation to exercise any of the rights granted to it in this Agreement. The failure of the Village to exercise at any time any right granted to the Village shall not be deemed or construed to be a waiver of that right, nor shall the failure void or affect the Village s right to enforce that right or any other right. E. CONSENTS. Unless otherwise provided in this Agreement, whenever the consent, permission, authorization, approval, acknowledgement, or similar indication of assent of any party to this Agreement, or of any duly authorized officer, employee, agent, or representative of any party to this Agreement, is required in this Agreement, the consent, permission, authorization, approval, acknowledgement, or similar indication of assent shall be in writing. F. DISCONNECTION PROHIBITED. The parties hereto further agree that Owner and any transferee shall be prohibited from filing a Petition for Disconnection of the Property, or any portion thereof, or taking any other action in furtherance of disconnection from the Village for the life of this Agreement. G. GOVERNING LAW. This Agreement shall be governed by and enforced in accordance with the internal laws, but not the conflicts of laws rules, of the State of Illinois. H. SEVERABILITY. It is hereby expressed to be the intent of the Parities to this Agreement that should any provision, covenant, agreement, or portion of this Agreement or its application to any person or property be held invalid by a court of competent jurisdiction, the remaining provisions of this Agreement and the validity, enforceability, and application to any person or property shall not be impaired thereby, but the remaining provisions shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Agreement to the greatest extent permitted by applicable law. 9
I. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any and all prior agreements and negotiations between the Parties, whether written or oral, relating to the subject matter of this Agreement. J. INTERPRETATION. This Agreement shall be construed without regard to the identity of the Party who drafted the various provisions of this Agreement. Moreover, each and every provision of this Agreement shall be construed as though all parties to this Agreement participated equally in the drafting of this Agreement. As a result of the foregoing, any rule or construction that a document is to be construed against the drafting party shall not be applicable to this Agreement. K. EXHIBITS. The Exhibits attached to this Agreement are, by this reference, incorporated in, and made a part of this Agreement. In the event of a conflict between an Exhibit and the text of this Agreement, the text of this Agreement shall control. L. AMENDMENTS AND MODIFICATIONS. No amendment or modification to this Agreement shall be effective until it is reduced to writing and approved and executed by all parties to this Agreement in accordance with all applicable statutory procedures. M. CHANGES IN LAW. Unless otherwise provided in this Agreement, any reference to the Illinois Municipal Code or other statutory provisions shall be deemed to include any modification of, or amendments to, said Code or statutory provisions that may occur in the future. N. AUTHORITY TO EXECUTE. Village hereby warrants and represents to the Owner that the persons executing this Agreement on its behalf have been properly authorized to do so by its Corporate Authorities. Owner hereby warrants and represents to the Village (i) that it is the record and beneficial owner of fee simple title to the Property, (ii) except for a mortgage on the Property, no other person has any legal, beneficial, contractual, or security interests, (iii) that it has the full and complete right, power, and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set forth in this Agreement and to bind the Property as set forth in this Agreement, (iv) that all legal actions needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (v) that neither the execution of this Agreement nor the performance of the obligations assumed by Owner will (a) result in a breach or default under any agreement to which Owner is a party or to which it or the Property is bound or (b) violate any statute, law, restriction, court order, or agreement to which Owner or the Property are subjected. 10
O. ENFORCEMENT. The parties to this Agreement may, in law or in equity, by suit, action, mandamus, or any other proceeding, including without limitation specific performance, enforce or compel the performance of this Agreement; provided, however, that Owner agrees that it will not seek, and does not have the right to seek or recover a judgment for monetary damages against Village, or any of its elected or appointed officials, officers, employees, agents, representatives, engineers, or attorneys, on account of the negotiation, execution, or breach of this Agreement. P. COVENANT RUNNING WITH THE LAND; The terms of this Agreement constitute a covenant running with the land and are hereby expressly made binding upon all heirs, grantees, lessees, executors, assigns, transferees and successors in interest of Owner and/or any developer as to all or any part of the Property and further expressly binding upon Village and the duly elected or appointed successors in office of its corporate authorities. Q. RECORDING. Upon execution, Village shall promptly cause this Agreement to be recorded in the office of the Recorder of Champaign County, Illinois. EXECUTED and ADOPTED this day of, 2017, at Mahomet, Illinois. VILLAGE OF MAHOMET Attest: By: President of the Board of Trustees By: Village Clerk OWNER: LAKE OF THE WOODS, LLC By: Name: Its: 11
STATE OF ILLINOIS ) COUNTY OF CHAMPAIGN ) )SS. I,, the undersigned Notary Public, in and for the County of Champaign, State of Illinois, do hereby certify that, personally known to me to be a Member of Lake of the Woods, LLC, as above described, and personally known to me to be the same person who executed the foregoing instrument as such Member of said Limited Liability Company, appeared before me this day and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act, and as the free and voluntary act of said Limited Liability Company, as aforesaid, for the uses and purposes therein set forth. Given under may hand and notarial seal this day of, 2017. SEAL Notary Public STATE OF ILLINOIS ) COUNTY OF CHAMPAIGN ) )SS. I,, the undersigned Notary Public, in and for the County of Champaign, State of Illinois, do hereby certify that Sean Widener and Cheryl Sproul, personally known to me to be the President and Village Clerk, respectively of the Village of Mahomet, as above described, and personally known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and delivered said instrument as their free and voluntary acts, and as the free and voluntary act of said Village, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the Board of Trustees of said Village of Mahomet. Given under may hand and notarial seal this day of, 2017. SEAL Notary Public 12
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Existing and Potential Connectivity 280 Date: Monday, November 6, 2017 Champaign County GIS Consortium This map application was prepared with geographic information system (GIS) data created by the Champaign County GIS Consortium (CCGISC), or other CCGISC member agency. These entities do not warrant or guarantee the accuracy or suitability of GIS data for any purpose. The GIS data within this application is intended to be used as a general index to spatial information and not intended for detailed, site-specific analysis or resolution of legal matters. Users assume all risk arising Feet from the use or misuse of this application and information contained herein. The use of this application constitutes acknowledgement of this disclaimer. N
RESOLUTION 17-11- A RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WITH LAKE OF THE WOODS, LLC WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Board of Trustees of the Village of Mahomet, pursuant to the authority conferred by the Statutes of the State of Illinois, has established certain standards and procedures for land use and for review and approval of subdivisions within the Corporate Limits of the Village and within one and onehalf miles thereof; and, Lake Of The Woods, LLC, is the owner of record of property legally described on Exhibit A attached hereto; and the Property is presently zoned pursuant to the Zoning Ordinance of the County of Champaign, Illinois; and, the Western one-half of the Property is undeveloped, currently used for agricultural purposes and is intended to be developed for residential purposes; the Eastern one-half of the Property is currently developed as an apartment complex with no change in use being contemplated, and the Property is contiguous to the corporate limits of the Village, is not within the corporate limits of the Village, is not within the corporate limits of any municipality and has no electors residing thereon; and, the Village is a municipal corporation organized and existing under the laws of the State of Illinois; and, the Owner desires that the Property be annexed to the Village, zoned and developed pursuant to the terms and conditions set forth in the Annexation Agreement; and, there has been filed with the Clerk of the Village, a Petition for a Zoning Map Amendment; and, the Plan and Zoning Commission of the Village held a Public Hearing on the Petition for Zoning Map Amendment for the Property on November 7, 2017 and made its reports and recommendations to the Corporate Authorities which report and recommendations were in favor of approval of the requested Zoning Map Amendment; and, WHEREAS, the Village Board of Trustees met, considered and approved the Zoning Map Amendment request on November 28, 2017; and, WHEREAS, WHEREAS, the Village of Mahomet Board of Trustees held a public hearing on November 14, 2017 to solicit input and comment from the public concerning the proposed Annexation Agreement; and, the proposed Annexation Agreement has been available for public inspection and proper public notice was published as provided by law; and,
Resolution for the Board of Trustees Lake Of The Woods, LLC Annexation Agreement Page 2 of 2 WHEREAS, the Board of Trustees has reviewed the proposed Annexation Agreement and has found its terms to be beneficial to the health, safety and welfare of the citizens of the Village, and that it further promotes orderly development of the Village in a manner consistent with the Village of Mahomet Comprehensive Plan. BE IT THEREFORE RESOLVED this 28 th day of November, 2017 by the Board of Trustees of the Village of Mahomet, Illinois, that: 1. The Board of Trustees DOES hereby approve the Annexation Agreement between the Village of Mahomet and Lake Of The Woods, LLC in substantially the same form as that incorporated herein and attached hereto by a two-thirds affirmative vote of the corporate authorities holding office. 2. The President of the Board of Trustees and the Village Clerk are hereby authorized to execute the aforesaid Annexation Agreement. PRESENTED this 28 th day of November, 2017 PASSED this 28 th day of November, 2017 APPROVED this 28 th day of November, 2017 President of the Board of Trustees Village of Mahomet, Illinois Upon motion by, seconded by adopted this day of November, 2017, by roll call vote, as follows: Ayes (names): Nays (names): Absent (names): ATTEST: (SEAL) VILLAGE CLERK VILLAGE OF MAHOMET
MEMORANDUM TO THE BOARD OF TRUSTEES ITEM: Amendment extending our service DEPARTMENT: Administration agreement with Homefield Energy for the supply of electricity for residential and small commercial retail customers AGENDA SECTION: AMOUNT: $0.00 ATTACHMENTS: ( ) ORDINANCE (X) RESOLUTION (X) OTHER SUPPORTING DOCUMENTS DATE: November 14, 2017 INTRODUCTION: the Village of Mahomet held a referendum on November 6, 2012 and voters approved our electric aggregation program. Residents may opt-out if they choose. This is an amendment to the last agreement that expires June 2019 and includes two rate reduction and an extension of the contract price through December 2020. BACKGROUND: The current service agreement with Homefield Energy expires in June of 2019 and became effective February 24, 2016. The previous agreement expired in June of 2014. Our Energy consultants, Good Energy, negotiated a three-year agreement at a rate of $0.0595/kwh. Market prices have moved lower over the past year, so Good Energy negotiated a contract amendment with Homefield Energy to reduce the current rate to $0.05700/kwh. Additionally, the existing agreement will be extended eighteen months and expire in December 2020. Therefore, another rate reduction will become effective in June 2019 for the final eighteen months. The rate in June 2019 becomes $0.05596/kwh. The bidding group included 112 in the contract. At this point they expect more than 50 will approve the amendment and extension. Once the board approves this amendment and the administrator signs, citizens will receive new opt-out letters should they choose to opt out of the program. The new rate will be reflective on February bills. A spreadsheet is also included showing Ameren historic rates. DISCUSSION OF ALTERNATIVES 1) Approve the resolution and follow the recommendation of our consultant to approve amendment which includes two price reductions and an extension. 2) Do not approve the resolution and our agreement will expire in June 2019, but residents miss out on a slightly lower rate.
PRIOR BOARD ACTION: Trustees approved a resolution in 2012 and 2013 and 2016 COMMUNITY INPUT: None. BUDGET IMPACT: None. STAFF IMPACT: Limited staff involvement but the Treasurer will likely review the master list prior to Good Energy mailing to our residents for the opt out option. SUMMARY: None. RECOMMENDED ACTION: Staff recommends approval of the resolution. DEPARTMENT HEAD APPROVAL: VILLAGE ADMINISTRATOR:
October 25, 2017 Village of Mahomet Attn: Village President Re: Aggregation Program Agreement dated February 24, 2016 (the Original Agreement ) between Village of Mahomet ( Municipality ) and ILLINOIS POWER MARKETING COMPANY d/b/a HOMEFIELD ENERGY ( Supplier ) Dear Village President: This Amendment Letter is to extend the current Agreement at reduced rates. By executing this Amendment the Municipality understands that Supplier will conduct an opt-out process notifying eligible customers of the lower rate and term, along with conditions for participating in the program. The parties to the Original Agreement acknowledge that the new rates also represent changes required for any reduction for the Renewable Portfolio Standard ( RPS ) as a result of Public Act 99-0906 ( Future Energy Jobs Act a/k/a FEJA )(December 7, 2016) and shall account for the elimination of the Supplier s responsibility to charge for Illinois RPS beginning in June of 2019. The below table will amend the current agreement by replacing the pricing table information on Exhibit A of the Original Agreement, attached hereto in its entirety, and inserting in its place the following: The Municipality originally selected 0% Renewable Power Option with Civic Contribution Fee of $0.001. Retail Power Price $0.05700/kwh $0.05596/kwh Delivery Term: 2018 meter read date through June 2019 meter read date June 2019 meter read date through December 2020 meter read date Except as specifically amended hereby, the Agreement shall continue in full force and effect according to its original terms. Sincerely, Mark Fanning Managing Director, Retail Business Operations Signature page to follow
ILLINOIS POWER MARKETING COMPANY d/b/a HOMEFIELD ENERGY VILLAGE OF MAHOMET By: Name: Title: By: Name: Title: HFE Agreement #M30137
Historical Prices-to-Compare Prices in cents per kwh Ameren Illinois Rate Zone III Month Residential Non-Space Heat Residential Space Heat Usage above 800 kwh PEA Jun-11 5.646-0.255 Jul-11 5.646-0.291 Aug-11 5.646-0.363 Sep-11 5.646-0.394 Oct-11 6.368 6.368 2.516-0.275 Nov-11 6.368 6.368 2.516-0.209 Dec-11 6.368 6.368 2.516-0.149 Jan-12 6.368 6.368 2.516-0.111 Feb-12 6.368 6.368 2.516-0.108 Mar-12 6.368 6.368 2.516-0.234 Apr-12 6.368 6.368 2.516-0.161 May-12 6.368 6.368 2.516-0.148 Jun-12 6.19-0.125 Jul-12 6.19-0.160 Aug-12 6.19-0.182 Sep-12 6.19-0.205 Oct-12 5.456 3.189-0.253 Nov-12 5.456 3.189-0.420 Dec-12 5.456 3.189-0.427 Jan-13 5.456 3.189-0.429 Feb-13 5.456 3.189-0.434 Mar-13 5.456 3.189-0.362 Apr-13 5.456 3.189-0.425 May-13 5.456 3.189-0.470 Jun-13 4.551-0.430 Jul-13 4.551-0.805
Aug-13 4.551-0.990 Sep-13 4.551-1.207 Oct-13 4.832 4.832 4.709-0.682 Nov-13 4.832 4.832 4.709-0.666 Dec-13 4.832 4.832 4.709-0.583 Jan-14 4.803 4.803 4.68-0.532 Feb-14 4.803 4.803 4.68-0.582 Mar-14 4.803 4.803 4.68-0.623 Apr-14 4.803 4.803 4.68-0.679 May-14 4.803 4.803 4.68-0.815 Jun-14 4.633 N/A* N/A* -0.919 Jul-14 4.633-1.949 Aug-14 4.633-1.865 Sep-14 4.633-1.688 Oct-14 4.441-1.371 Nov-14 4.547-1.058 Dec-14 4.547-0.527 Jan-15 4.574-0.497 Feb-15 4.574-0.561 Mar-15 4.574-0.056 Apr-15 4.574-0.068 May-15 4.574-0.067 Jun-15 5.966-0.052 Jul-15 5.966-0.095 Aug-15 5.966-0.131 Sep-15 5.966-0.137 Oct-15 6.768 4.671-0.088 Nov-15 6.768 4.671-0.081 Dec-15 6.768 4.671-0.085 Jan-16 6.772 4.675-0.209 Feb-16 6.772 4.675-0.147 Mar-16 6.772 4.675-0.293
Apr-16 6.772 4.675-0.139 May-16 6.772 4.675-0.128 Jun-16 5.654-0.052 Jul-16 5.654-0.184 Aug-16 5.654-0.252 Sep-16 5.654-0.351 Oct-16 6.519 4.781-0.270 Nov-16 6.519 4.781-0.354 Dec-16 6.519 4.781-0.360 Jan-17 6.519 4.781-0.321 Feb-17 6.519 4.781-0.322 Mar-17 6.519 4.781-0.448 Apr-17 6.519 4.781-0.523 May-17 6.519 4.781-0.519 Jun-17 5.369-0.435 Jul-17 5.369-0.421 Aug-17 5.369-0.329 Sep-17 5.369-0.333 Oct-17 6.167-0.319 Nov-17 6.167-0.256 * From June 2014 through September 2015 there was not a separate electric supply rate for usage above 800 kwh.
RESOLUTION NO 17-11-01 RESOLUTION AUTHORIZING THE AMENDMENT OF A SERVICE AGREEMENT FOR THE SUPPLY OF ELECTRICITY FOR RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT OPT OUT OF SUCH A PROGRAM (Electric Aggregation) WHEREAS, Section 1-92 of the Illinois Power Agency Act, 20 ILCS 3855/1-92, permits a (city/village/township), if authorized by referendum, to adopt an ordinance by which it may operate a program to solicit bids and enter into service agreements for the sale and purchase of electricity and related services and equipment to residential and small commercial customers who do not opt-out of such a program; and WHEREAS, the Village of Mahomet provides an opt-out electric aggregation program for eligible electric accounts within its jurisdiction; and WHEREAS, such aggregation program was authorized by referendum passed by a majority vote of the qualified electors voting on the question; and WHEREAS, Good Energy, LP has negotiated and amendment letter with Homefield Energy (Dynegy) to reduce our current municipal aggregation contract price and extend our aggregation agreement term from June 2019 until December 2020; and WHEREAS, the Village of Mahomet must act promptly to accept this extension in order to contractually guarantee a per kilowatt hour electric rate reduction for its residential and small commercial customers; and WHEREAS, the Village of Mahomet Board of Trustees finds that the best interests of the Village of Mahomet are served by authorizing the Village Administrator to execute the amendment to accept the extension of the existing agreement signed in February 24, 2016 with Homefield Energy, pursuant to 20 ILCS 3855/1-92, to aggregate the residential and small commercial retail electric loads located within the Village of Mahomet and to arrange for competitive electric supply to these retail electrical accounts; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of the Village of Mahomet, Champaign County, Illinois, as follows: SECTION 1. The statements set forth in the preamble to this Resolution are hereby found to be true and correct and are hereby incorporated into this Resolution as if set forth in full in Section 1. SECTION 2. The corporate authorities of Village of Mahomet hereby authorize and direct the Village Administrator in consultation with the Village s consultant Good Energy, LP, execute the amendment to a service agreement with Homefield Energy (Dynegy) for the supply of electricity for residential and small commercial retail customers who do not opt out of such a program, without further action of the Village Board; provided, however, that the energy price to be paid per kilowatt hour pursuant to the service agreement is less than the rate currently in effect, resulting in savings for the Village of Mahomet residential and small commercial retail customers. SECTION 3. All prior actions of the Village of Mahomet officials, employees, and agents with respect to the subject matter of this Resolution are hereby expressly ratified. SECTION 4. The provisions of this Resolution are hereby declared to be severable, and should any provision of this Resolution be determined to be in conflict with any law, statute, or regulation by a court of competent jurisdiction, said provision shall be excluded and deemed inoperative, unenforceable and as though not provided for herein, and all other provisions shall remain unaffected, unimpaired, valid and in full force and effect. SECTION 5. All code provisions, ordinances, resolutions, rules and orders, or parts thereof, in conflict herewith are, to the extent of such conflict, hereby superseded.
SECTION 6. This Resolution shall be effective immediately and shall remain in effect until rescinded by Village of Mahomet, and shall remain in effect for the current bid and any and all future bids associated with each occasion when the renewal of an electricity supply contract for its Municipal Electricity Opt-Out Aggregation Program exists. Motion was made by Trustee, seconded by Trustee that the Resolution be adopted. PASSED BY THE VILLAGE BOARD OF TRUSTEES OF THE VILLAGE OF MAHOMET, CHAMPAIGN COUNTY, ILLINOIS, IN REGULAR AND PUBLIC SESSION THIS 14 th DAY OF NOVEMBER 2017. APPROVED: ATTEST: Sean M. Widener, Village President Village Clerk EXAMINED AND APPROVED: Corporation Counsel