Ordinance 2011-31 �A. ell 0h J-
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THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
ORDINANCE NO. 2011-31
ORDINANCE APPROVING A SECOND AMENDMENT TO THE
AMENDED ANNEXATION AGREEMENT AND PLANNED
UNIT DEVLOPMENT AGREEMENT
(O'Keefe Subdivision)
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Ordinance No. 2011- 4
ORDINANCE APPROVING A SECOND AMENDMENT TO THE
AMENDED ANNEXATION AGREEMENT AND PLANNED
UNIT DEVELOPMENT AGREEMENT
(O'Keefe Subdivision)
WHEREAS, the Betty O'Keefe Family Limited Partnership (the "Owner"), Lundmark
Group, LLC (the "Developer") and the United City of Yorkville entered into an Annexation
Agreement on September 26 2006, as amended June 10, 2008 (the "Original Agreement") which
provided for the annexation of approximately 140.9 acres of real estate located east of Illinois
Route 47 and south of Galena Road in Bristol Township, Kendall County, Illinois (the "Annexed
Parcel"); and,
WHEREAS, the Original Agreement provided, among other things, for the development,
by the Developer, of a water park facility within the B-3 Service Business District on Lots 2 and
3 of the Annexed Parcel and the imposition of an admission tax of five percent (5%) of the total
net revenues with a rebate of fifty-five percent (55%) of said admissions tax to the Developer as
reimbursement of the Developer's cost of constructing a public east/west road through Lots 2
and 3 pursuant to the terms and conditions stated therein; and,
WHEREAS, since the approval and execution of the Original Agreement and the
Amendment, the City has imposed a three percent (3%) amusement tax pursuant to Section 11-
42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) which applies to the water park facility
thereby requiring a reconsideration of the imposition of the admissions tax on the operations of
the water park facility and an amendment to the Original Agreement; and,
WHEREAS, a legal notice of publication of a public hearing on the amendment to the
Original Agreement was duly published in the Beacon News, being a newspaper of general
circulation in the City, not more than thirty (3 0) nor less than fifteen (15) days prior to the public
hearing which was held by the Corporate Authorities on July 26, 2011, at 7:00 p.m. at City Hall;
and,
WHEREAS, the Mayor and City Council after the public hearing, have determined that
the approval of the proposed amendment in the form as presented to this meeting of the City
Council is in the best interests of the health, safety and welfare of its citizens.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
covenants hereinafter set forth, the parties hereto agree to the follows:
Section 1. The foregoing recitals are hereby incorporated into this Second Amendment to
the Annexation Agreement as if fully restated herein.
Section 2. That the Second Amendment to the Amended Annexation Agreement and
Planned Unit Development Agreement (O'Keefe Subdivision) attached hereto and made a part
hereof, is hereby approved and the Mayor and City Clerk are hereby authorized to execute and
deliver said Agreement.
Section 3. This Ordinance shall be in full force and effect immediately upon its passage
by the President and Board of Trustees and approval as provided by law.
United City of Yorkville, Kendall County, Illinois, this % day of< �/ , A.D.
2011.
� 1
CHRIS FUNKHOUSER GEORGE GILSON, JR. �r
CARLO COLOSIMO _ DIANE TEELING
JACKIE MILSCHEWSKI MARTY MUNNS
ROSE SPEARS LARRY KOT
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of Al ws l A.D. 2011.
A414 �-
d
Mayor
Attest +
City Clerk
SECOND AMENDMENT TO THE
AMENDED ANNEXATION AGREEMENT AND PLANNED
UNIT DEVELOPMENT AGREEMENT
(O'Keefe Subdivision)
This Second Amendment to the Annexation Agreement by and among the Betty O'Keefe
Family Limited Partnership (the "Owner"), Lundmark Group, LLC, an Illinois limited liability
company (the "Developer") and the United City of Yorkville, Kendall County, a municipal
corporation organized and existing under and by virtue of the laws of the State of Illinois (the
"City") acting through its Mayor and City Council (the "Corporate Authorities") dated
September 26, 2006 (the "Original Agreement") and amended June 10, 2008 (the "Amendment")
is entered into this day of Af A y ,200.,
RECITALS:
WHEREAS, the Owner, Developer and the City entered into the Original Agreement
which provided for the annexation of approximately 140.9 acres of real estate located east of
Illinois Route 47 and south of Galena Road in Bristol Township, Kendall County, Illinois (the
"Annexed Parcel"); and,
WHEREAS,the Original Agreement provided, among other things,for the development,
by the Developer, of a water park facility identified as a commercial recreation park within the
B-3 Service Business District, with certain modifications and deviations from the City's
ordinances, rules and codes as set forth in the Original Agreement after acquisition by the
Developer of lots 2 and 3 of the Annexed Parcel; and,
WHEREAS, in addition to the terms and conditions pertaining to the development of a
water park facility on the Annexed Parcel, the Original Agreement further provided at paragraph
i
9 that the City would impose a five percent (5%) admissions tax on the total net collection of
admission revenues generated from the operation of said water park facility (the "Admissions
Tax") for a period of twenty (20) years and to rebate fifty-five percent (55%) of the City's
collections of the Admissions Tax to offset the Developer's cost of constructing a public
east/west road through lots 2 and 3 for a period of ten(10)years; and,
WHEREAS, since the approval and execution of the Original Agreement and the
Amendment, the City has imposed a three percent (3%) amusement tax pursuant to Section 11-
42-5 of the Illinois Municipal Code (65 ILCS 5/11-42-5) which applies to the water park facility
and thereby resulting in a total tax of eight percent (8 0/6) to be applied to the cost of admission,
which total tax has been deemed to be excessive; and,
WHEREAS, the Corporate Authorities have determined that in order to address this
excessive imposition of taxes, the Original Agreement should be amended to impose the
Admissions Tax for a period of twenty (20) years which commenced June 10, 2008 and
terminates June 10, 2028; to reduce the Admissions Tax to two and three quarters percent
(2.75%) commencing August 1, 2011; and, to remit to the Developer one hundred percent
(100%)of the Admissions Tax for a 10 year period; and,
WHEREAS, a legal notice of publication of a public hearing on this Second Amendment
to the Original Agreement, as amended, was duly published in the Beacon News, being a
newspaper of general circulation in the City, not more than thirty (30) nor less than fifteen (15)
days prior to the public hearing which was held by the Corporate Authorities on July 26, 2011, at
7:00 p.m. at City Hall; and,
2
WHEREAS,the Mayor and City Council deem the approval of the proposed amendment
to be in the best interests of the health, safety and welfare of its citizens.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
covenants hereinafter set forth,the parties hereto agree to the follows:
Section 1. The foregoing recitals are hereby incorporated into this Second Amendment to
the Annexation Agreement as if fully restated herein.
Section 2. The parties hereto hereby agree that Paragraph 9 of the Original Agreement is
hereby amended to provide that the Admissions Tax shall be imposed for a period of ten (10)
years, which period commenced August 1, 2011 and terminates September 30, 2021 (the
"Admissions Tax Term"), and is further amended to reduce said Admissions Tax from five
percent(5%) to two and three quarters percent(2.75 0/o), and that one hundred percent (100 1/6) of
the Admissions Tax received by the City from the Developer shall be rebated to the Developer
for the duration of the Admissions Tax Term.
Section 3. All other matters, covenants, obligations and commitments as set forth in the
Original Agreement and in the Amendment other than that part of paragraph 9 pertaining to the
imposition and rebate of the Admission Tax, are herby affirmed as if restated herein.
Section 4. This Second Amendment may be executed in counterparts, each of which shall
be deemed an original,but all of which together shall constitute one and the same document.
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Second Amendment to Annexation Agreement as of the day and year first above written.
United City of Yorkville, an Illinois
municipal corporation
By: AV JIM1.1
Mayo
Attest:
-bEptay City Clerk
Lundmark Group, LLC,an Illinois limited
Liability company contract purchaser anll
Developer of lvU-2 &3.
B
Y• C�
Attest:
Secretary
4
LEGAL DESCRIPTION
That part of the west half of Section 9, Township 37 north, Range 7 east of the Third Principal
Meridian described as follows: commencing at the southeast corner of the northwest quarter of
said Section; thence west along the south line of said northwest quarter, 14.28 chains for a point
of beginning; thence N14°50'E, 30.14 chains to the center line of Galena Road; thence
northwesterly along the center line of said Galena Road to the west line of said Section; thence
south along said west line to the southwest corner of the northwest quarter of the southwest
quarter of said Section; thence east along the south line of said northwest quarter of the
southwest quarter, 19.75 chains to a point 1 rod west of the southeast corner of said quarter
quarter; thence northeasterly to the point of beginning (except that part lying westerly of the
center line of Illinois Route 47) in the Township of Bristol, Kendall County, Illinois.
That part of the west half of Section 9, Township 37 north, Range 7 east of the Third Principal
Meridian described as follows: commencing at the southeast corner of the northwest quarter of
said Section; thence west along the south line of said northwest quarter, 14.28 chains for a point
of beginning; thence S 15°34'22"W along the east line of lands described in Document
2005035985, 716.99 feet; thence S87°56'46"W, 1452.82 feet to the east line of Illinois Route 47;
thence N1°06'54"W along said east line of Route 47; 100.38 feet; thence NO°19'02"E along said
east line of Route 47, 200.05 feet; thence Nl°06'54"W along said east line of Route 47, 373.63
feet; thence N87°56'46"E, 213.36 feet; thence northeasterly along a circular curve having a
radius of 315.00 feet concave to the northwest, the chord of which bears N61°01'02"E, 296.10
feet; thence northeasterly along a circular curve having a radius of 385.00 feet concave to the
southeast, the chord of which bears N55°35'01"E, 288.88 feet; thence N77°04'45"E, 476.89 feet;
thence easterly along a circular curve having a radius of 315.00 feet concave to the north, the
chord of which bears N70°39'36"E, 70.58 feet to a point on a line 500 feet westerly of and
parallel with said east line of lands described in Document 2005035985; thence N13°37'14"E
along said parallel line, 828.19 feet; thence S76°22'46"E, 500.00 to said east line of lands
described in Document 2005035985; thence S13°37'14"W along said east line of lands described
in Document 2005035985,1084.23 feet to the point of beginning in the Township of Bristol,
Kendall County, Illinois.
Excepting there from:
That part of the west half of Section 9, Township 37 north, Range 7 east of the Third Principal
Meridian described as follows: commencing at the southeast corner of the northwest quarter of
said Section; thence west along the south line of said northwest quarter, 14.28 chains to the east
line of lands described in Document 2005035985; thence N13°37'14"E along said east line,
1084.23 feet; thence N76°22'46"W, 500.00 feet; thence S13°37'14"W, 828.19 feet; thence
westerly along a circular curve having a radius of 315.00 feet concave to the north, the chord of
which bears S70°39'36"W, 70.58 feet; thence S77°04'45"W, 476.89 feet; thence southwesterly
along a circular curve having a radius of 385.00 feet concave to the southeast, the chord of which
bears S55°35'01"W, 288.88 feet; thence southwesterly along a circular curve having a radius of
315.00 feet concave to the northwest, the chord of which bears S61'0 1'02"W, 296.10 feet; thence
S87 056'46"W, 213.36 feet to the east line of Illinois Route 47 for a point of beginning; thence
Nl°06'54"W along said east line of Route 47, 50.01 feet; thence N87°56'46"E, 55.01 feet; thence
S45 036'04"E, 70.14 feet; thence S87°56'46"W, 105.01 feet to the point of beginning in the
Township of Bristol, Kendall County, Illinois.