City Council Packet 2010 06-22-101
AMENDMENT TO THE ANNEXATION AGREEMENT
DATED APRIL 26, 2005 PERTAINING TO THE BRISTOL BAY SUBDIVISION
(Standard Redevelopment Inc.)
This Amendment (the “Amendment”) to the Annexation Agreement dated April 26, 2005,
Pertaining to the Bristol Bay Subdivision (the “2005 Annexation Agreement”), is entered into this
____ day of ____________, 2010, by and among the United City of Yorkville, Kendall County,
Illinois, a municipal corporation, Standard Redevelopment, Inc., a corporation of the State of
Illinois, solely for the purposes hereof, the successor to MSRET, LLC, a Delaware limited
liability company, LaSalle Bank National Association under Trust Agreement dated April 1,
2005, known as Trust No. 133367, LaSalle Bank National Association under Trust Agreement
dated April 1, 2005, known as Trust No. 133368 and LaSalle Bank National Association under
Trust Agreement dated April 1, 2005, known as Trust No. 133370; Centex Homes, a Nevada
General Partnership; Lay-Com, Inc., an Illinois corporation; JR Yorkville L.L.C., an Illinois
limited liability company and NR Yorkville, L.L.C., an Illinois limited liability company, as
tenants in common; and, John Rosenwinkel and Susan Rosenwinkel, individually, and as co-
trustees of EMR Trust No. 100 dated December 10, 2002 (hereinafter collectively referred to as
“Owners”); and,
WHEREAS, due to the changes in the economic conditions in the country and most
particularly in the region, other than Lay-Com, Inc., the Owners are successors to the parties to
the 2005 Annexation Agreement due to conveyance resulting from foreclosures or other
settlement agreements; and,
WHEREAS, the Annexation Agreement provided for the annexation of approximately
630 acres of land to the City and included a certain parcel of real estate consisting of
approximately 22 acres (the “Property”), legally described on Exhibit A attached hereto and
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made a part hereof, then owned by LaSalle Bank National Association under Trust Agreement
dated April 1, 2005, known as Trust No. 133367, a party to the 2005 Annexation Agreement
which Property was conveyed in 2009 to Standard Redevelopment, Inc., a corporation of the
State of Illinois (the “New Owner”); and,
WHEREAS, the New Owner has petitioned the City to rezone the Property pursuant to
the City Zoning Ordinances as set forth in the 2005 Annexation Agreement from R-3 Residential
District to B-3 Business District in order to permit the New Owner to proceed to present a
concept plan for a planned unit development with commercial uses on this Property; and,
WHEREAS, the New Owner is prepared to participate all public hearings as required by
law to accomplish this Amendment to the 2005 Annexation Agreement and as may be required
to rezone the Property to B-3 Business District under the City’s Zoning Ordinance.
NOW, THEREFORE, the parties hereto agree as follows:
1. Paragraph D under the “Recitals” as restated in Paragraph 1 of the 2005
Annexation Agreement is hereby amended to reflect the rezoning of the Property to B-3.
2. Paragraph 4 of the 2005 Annexation Agreement is hereby amended as pertaining
to the Property, to state that prior to the execution of this Agreement, the Corporate Authorities
(as defined in the 2005 Annexation Agreement), shall have directed that the required public
hearings have been held and the Corporate Authorities shall have adopted such ordinances as
may be necessary to rezone the Property to B-3.
3. That the Zoning Map as referenced in Paragraph 5 of the 2005 Annexation
Agreement, prepared by Smith Engineering Consultants, Inc., and last revised April 4, 2005, is
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hereby amended to reflect the rezoning of the Property from R-3 to B-3 after adoption of such
ordinances as have been deemed necessary.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to the
Annexation Agreement as to a Portion of the Property Being Included in the Annexation
Agreement as to a Portion of the Property, Amended and Restated Annexation Agreement as to a
Portion of the Property and a Planned Unit Development Agreement (Bristol Bay Subdivision) to
be executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois municipal
Corporation
By: _______________________________________
Mayor
Attest:
_________________________________
City Clerk
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Standard Redevelopment, Inc., a corporation of the
State of Illinois
By: _______________________________________
Thomas Dockweiler, President
Attest:
__________________________________
Secretary
Lay-Com, Inc., an Illinois corporation
By: _______________________________________
President
Attest:
__________________________________
Secretary
Centex Homes, a Nevada General Partnership
By: _______________________________________
President
Attest:
__________________________________
Secretary