Economic Development Packet 2010 05-04-10 ,,�° C/rd
o United City of Yorkville
800 Game Farm Road
ES7 - �--' 1836 Yorkville, Illinois 60560
-� Telephone: 630-553-4350
o re.
=o Fax: 630-553-7575
1,E X
AGENDA
ECONOMIC DEVELOPMENT COMMITTEE MEETING
Tuesday, May 4, 2010
6:30 PM
City Hall Conference Room
Minutes for Correction/Approval: March 2, 2010 and April 6, 2010
Items Recommended by Plan Commission for Approval:
New Business:
1. EDC 2010-16 Building Inspection Report Suirunary for March 2010
2. PC 2010-03 Ordinance Approving the First Amendment to the Amended Annexation
Agreement and Planned Unit Development Agreement (Blackberry Woods Subdivsion)
3. EDC 2010-17 Sign Ordinance Amendment— Banner Duration
Old Business:
1. EDC 2010-03 Building Permit Fees
2. EDC 2010-11 Conunittee Liaisons
3. EDC 2010-15 Route 47 Project— Sign Relocations
Additional Business:
2010/2011 City Council Goals
Economic Development Committee
Goal Elected Officials Staff
Tourism. Werderich!Sutcliff Com. Dev.Dir./Glory Spies
Economic develop new, Golinski!Munns Com.Dev.Dir.!Bart Olson
Downtown re-developmew. Golinski/Plocher Com. Dev.Dir.I Bart Olson
ITP implemefrlation. Werderich/Golinski Com.Dev.Dir./Laura Schraw
UNITED CITY OF YORKVILLE
WORKSHEET
ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, May 4, 2010
6:30 PM
CITY HALL CONFERENCE ROOM
MINUTES FOR APPROVAL:
----------------------------------------------------------------------------------------------------------------------------------------
1. March 2, 2010 2. April 6, 2010
❑ Approved ❑ Approved
❑ As presented ❑ As presented
❑ As amended ❑ As amended
---------------------------------------------------------------------------------------------------------------------------------------
NEW BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
l. EDC 2010-16 Building Inspection Report Summary for March 2010
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
2. PC 2010-03 Ordinance Approving the First Amendment to the Amended Annexation Agreement and
Planned Unit Development Agreement (Blackberry Woods Subdivision)
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
----------------------------------------------------------------------------------------------------------------------------------
3. EDC 2010-17 Sign Ordinance Amendment—Banner Duration
❑ Moved forward to CC consent agenda`? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
OLD BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
1. EDC 2010-03 Building Permit Fees
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
----------------------------------------------------------------------------------------------------------------------------------
2. EDC 2010-11 Committee Liaisons
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
----------------------------------------------------------------------------------------------------------------------------------
3. EDC 2010-15 Route 47 Project— Sign Relocations
❑ Moved forward to CC consent agenda? Y N
❑ Approved by Committee
❑ Bring back to Committee
❑ Informational Item
❑ Notes
---------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS:
---------------------------------------------------------------------------------------------------------------------------------------
RAF
UNITED CITY OF YORKVILLE
ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, March 2, 2010, 6:30pm
City Conference Room
In Attendance:
Committee Members
Vice-Chairman Alderman Rose Spears
Alderman Wally Werderich
Alderman Robyn Sutcliff
Other City Officials
Mayor Valerie Burd
City Administrator Bart Olson
Interim Community Development Director Laura Schraw
Building Code Official Paul Zabel
Other Guests
Attorney Dan Kramer
Lynn Dubajic, YEDC
Herb Kleinwachter
The meeting was called to order by Vice-Chairman Rose Spears at 6:35pm.
Minutes for Correction/Approval December 1, 2009 and January 5, 2010
Both sets of minutes were approved as read.
Items Recommended by Plan Commission for Approval:
1. PC 2010-01 Pam Kleinwachter dba We Grow Kids (Daycare) —Special Use Request
It was noted that a staff review had been completed and the Plan Commission had
parking lot concerns. It was also noted that one of the units was formerly a bar. The
liquor license there was discussed and Attorney Kramer said that as long as the license
was in place prior to the daycare going in, it would be permitted. He said the restaurant
was going to close and the only definite plan was for the daycare. He said all the
improvements were in place and DCFS regulates all the fencing to be used.
Alderman Werderich commented that the daycare would be a valuable asset in his Ward
and Attorney Kramer added that this daycare also provides care for special-needs
children. This matter will move to the City Council consent agenda.
In an unrelated item not on the agenda, Attorney Kramer noted that IDOT wants
additional roadway that will come right to the curb at his office location. He noted
concerns with the sign and said it is 100 sq. ft.---larger than the new ordinance allows,
however, it only needs to be moved and will not be changed. Paul Zabel will research
how the sign might be affected by the sign ordinance.
1
New Business
1. EDC 2010-05 Building Permit Report for December 2009
It was noted there were 23 permits issued in December.
2. EDC 2010—06 Building Permit Report for January 2010
No comment.
3. EDC 2010-07 Building Inspection Report Summary for January 2010
The committee requested that the original format be used for this report. Paul will revise
and this will come back to the committee next month.
4. EDC 2010-08 Sign Ordinance Discussion
Ms. Spears said the Mayor had received a call regarding the use of sandwich board style
signs. The Mayor is requesting a moratorium on the sign restrictions to allow businesses
to use these signs without a permit or maximum time frame due to the current state of the
economy. Alderman Golinski was also contacted about differences in the sign code
between temporary banner and temporary sign.
The Mayor asked to allow this temporary moratorium, but said a permit would still be
needed with a fee of$50. She requested it for 1 year and said the business in question is
set back from the highway and she feels the sandwich boards have a positive impact.
Currently, such a sign is only allowed for 14 days and 5 times a year.
Alderman Spears said she thought the City should work with business owners for
sandwich style signs as well as banner signs. She also felt the temporary banners should
be limited to 32 sq ft. If sandwich board signs were allowed, the available space on the
sidewalk was also discussed. Ads on parked trucks were also discussed and it was agreed
this type of sign should not be allowed.
It was noted that the sandwich board request is for temporary relief while the temporary
sign request is for permanent relief. Displaying the sandwich board signs only during
business hours was also recommended. Multiple signs in one location were also
discussed. Alderman Werderich suggested that if a moratorium is applied to the
sandwich boards, a date to revisit should be established. It was agreed that there should
be a moratorium of 6 months for the sandwich boards and they should only be displayed
during business hours. The size will be determined by industry standards
Recommendation for temporary signs and banners was for 32 square feet or less. The
matter will be moved to City Council for further discussion. Bart Olson will verify with
Attorney Orr if a City Council vote or amendment is needed. Alderman SutcIiff said the
Zoning Board should be advised as well.
It was decided to move forward with a Public Hearing based upon the recommendations
of the committee
2
S. EDC 2010-09 Permitted Uses Within M-I District
A request was made to set up a nano-brewery with the product being sold to restaurants
or pubs. The application would yield 1-2 kegs at a given time. Alderman Werderich
asked if there are any City restrictions on size. It would be added as a permitted use in
the M-1 district according to Mr. Olson. The committee agreed that a new business
would be an asset
Mr. Olson said that if a City Council vote is not needed for a zoning text amendment, a
Plan Commission Hearing would be needed, and then it would move forward to City
Council at a later date.
In a related matter, Mayor Burd said that Attorney Orr and Administrator Olson are
updating City procedures and information will be given to all Aldermen.
6. EDC 2010-10 Ideas for Regional Events and Attractions
Alderman Golinski had brought up this matter in regards to an upcoming baseball
tournament that would attract over 2,000 people. He said these visitors need to have
information about local businesses. Park District personnel are currently working on a
related brochure.
Alderman Werderich suggested keeping this item on old business to be able to discuss it
further and said the method of information distribution needs to be addressed. Alderman
Sutcliff showed an example of a vendor services map. Such a map could be sent to
registrants in registration packets for events. Glory Spies is currently working on a
similar brochure. Mayor Burd suggested email blasts and to work with the Chamber.
She also said a meeting with the Chamber and Sue Vos of the Tourism Bureau would be
beneficial to discuss available amenities. She cited the example of the Hunting&. Fishing
Days that draws many people who need such amenities. Mayor Burd said she had a
recent meeting with the new hotel owner to discuss how to market packages of services
in the area. Bart said he had also spoken with the Chamber about this idea and the Mayor
will follow up.
This item will return to this committee for further discussion.
7. EDC 2010-11 Review of Committee Liaisons
Ms. Spears noted that it was the committee's decision to appoint liaisons and asked for
the committee's recommendation to be liaison for the YEDC. Mayor Burd asked if
Alderman Munns would then be bumped from this position. Ms. Spears replied that he is
not a member of this committee and the governing ordinance states the liaison
opportunity should be given to a member of the committee. Aldermen Sutcliff and
Werderich agreed to her request and it was noted this does not need to go before the
Council.
Old Business: None
Additional Business: None
Meeting was adjourned at 7:44pm.
Minutes respectfully submitted by 3
Marlys Young
DRAF
UNITED CITY OF YORKVILLE
ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, April 6, 2010, 6;30pm
City Conference Room
In Attendance:
Committee Members
Vice-Chairman Alderman Rose Spears
Alderman Wally Werderich
Alderman Robyn Sutcliff
Other City Officials
Mayor Valerie Burd
City Administrator Bart Olson
Interim Community Development Director Laura Schraw
Building Code Official Paul Zabel
Community Relations-Glory Spies
Lynn Dubajic, YEDC (arr. 6:58pm)
Other Guests
Tony Scott,Kendall County Record
Tom Fullerton, Standard Redevelopment
The meeting was called to order by Vice-Chairman Rose Spears at 6:30pm. She said she
would also be recording the meeting.
Minutes for Correction/Approval March 2, 2010
Alderman Sutcliff asked for a correction on a statement she made during the liaison
discussion. The corrected minutes will be brought back to the next meeting for review.
Items Recommended by Plan Commission for Approval
1. EDC 2010-02 Standard Redevelopment Amended Annexation Agreement and
Rezoning Request
This concerns 20 acres owned by Standard Bank at the corner of Cannonball Trail and
Rte. 47. It is a rezoning request from R3 to B3. It was noted that one resident across the
street was notified and he is also a party to the agreement. Alderman Werderich asked
about the property to the north. Mr. Olson answered that the property is part of the
Bristol Bay Annexation Agreement and owned by State Bank of Countryside.
Bart Olson said the Plan Commission gave a unanimous recommendation.
This item is scheduled for a Public Hearing on April 13'h and it will proceed to the
regular agenda of the City Council.
New Business
1. EDC 2010-12 Building Permit Report for February 2010 1
There was a very brief discussion of the report and is for information only.
2. EDC 2010-13 Building Permit Report for March 2010
It was noted many of these permits were for Autumn Creek. Heartland Subdivision has 3
homes under construction with 2 more permits expected.
3. EDC 2010-14 Building Inspection Report Suinnxary for February 2010
The committee commented that they liked the new design of this report. Alderman
Spears inquired about the "other" classification inspections. Mr. Zabel thought it was
inspections conducted by a private plumber.
No further action required.
4. EDC 2010-15 Route 47 Project Signs
Bart Olson reported that IDOT is conducting Phase 2 engineering for the Rt. 47
improvements. This item concerns the business signs along Rt. 47 and the fact that they
will have to be moved. Many of them are non-conforming and it must be determined if
they will just be moved or if the City should require them to become compliant with the
new sign code also. IDOT will reimburse the sign moving costs.
Photos of the signs that must be moved were included in the packet. Mr. Olson said
some of the signs may have historic value or variances may have been granted in the past.
Cost of moving and/or new signs is expected to range from $500-$5,000 per sign. The
per unit cost may be less if several signs need to be replaced.
It was noted that BP Amoco had requested a variance just a year ago and it would most
likely just be moved, not changed. Ms. Schraw asked if the City would grant a blanket
variance for signs needing to be moved. Alderman Werderich said this would be a good
time for the City to have the signs brought into conformance since IDOT would pay.
Alderman Spears said that the City Council should work with business owners and give
them a choice. She said they could be contacted and then the City would inform IDOT of
their decision. Alderman Sutcliff asked if it was the City's responsibility to give a
directive on behalf of all the business owners.
Mayor Burd said she agreed with Mr. Olson—that individual business owners could ask
for a variance if they wish. There is an $85 fee for a variance request or the fees could be
waived. There are also legal fees and fees for drafting the ordinance, though it was noted
by Alderman Werderich that an attorney is not necessarily needed for a variance. Ms.
Spears said she is opposed to the$85 fee, which places an additional burden on the
business owner. Ms. Schraw said she thought IDOT would cover the $85 fee if there
were a blanket variance. Mayor Burd said she would Iike to view this process as a
positive one and a means to bring signs into conformance.
Ms. Sutcliff said she preferred that all businesses bring their signs into conformance since
IDOT is paying for them. Alderman Werderich also felt the signs should conform and felt
that the fees should be waived if the burden were to fall on the business owner. For the
record, Mr. Werderich said if a business owner came forward with a variance on an
existing sign they wish to keep, he would not oppose that.
2
This item will move forward to the City Council regular agenda for their April 27`h
meeting.
Old Business:
1. EDC 2010-03 Building Permit Fees
The original proposal was to decrease commercial fees substantially, however, after
considering the City's costs, etc., the fees will not change. Residential driveways, decks
and parking lot fees will be changed to offset costs. Alderman Sutcliff asked if
Yorkville's costs had been compared with other towns. Ms. Spears asked that
surrounding communities' plan review fees be surveyed for comparison purposes and she
asked for copies of the findings. Mr. Zabel shared some fees previously obtained. Ms.
Spears opposed the changes in residential fees due to the poor state of the economy and
said that residents are being penalized.
Surcharges were also discussed and these would apply when work is begun prior to
obtaining a work permit. This charge would be approximately half the cost of a permit.
Mr. Zabel also said that refunds are requested occasionally for cancelled projects. Any
such requests will be forwarded to the City Administrator along with an applicable report
before the request is considered. Ms. Spears asked that these requests be brought to EDC
for information.
Discussion then turned to swimming pool inspection fees. Mr. Zabel said the building
code definition of a pool is more than 2 feet of water and a pump. With an above-ground
pool,he also looks for barrier and electrical requirements. Pool permits are now S50 with
an increase being proposed.
For the next meeting, Bart Olson said a comparison of fees is needed and standards for
portable pools be drafted. These will be brought back to the committee in May.
2. EDC 2010-10 Ideas for Regional Events and Tournaments
Glory Spies presented a brochure that listed various amenities available for upcoming
tournaments. It will be put on the website as well and some brochures were emailed.
Alderman Werderich questioned why south-side businesses were not included and said it
should include all businesses. Other changes and additions were also discussed. Lynn
Dubajic suggested promoting canoe rentals for when the kayak area opens. Mayor Burd
said an institute day will be held in May for business owners to consider future events.
Glory and Bart will revise the brochure.
Ms. Spies said Yorkville, Plano, Sandwich, the Forest Preserve and Aurora Tourism are
all working together to bring/promote events.. She said there is a cost of$250 to be
included with other 5 other Tourism Bureaus. She announced a"Rte. 34 Event" that will
be a continuation of the garage sale that extends to Galesburg. Plano and Sandwich will
also be participating. This will be held on June 18"' and 19`x' at the corner of Rte. 34 and
47. Tri-Lands is allowing the use of their property and on April 13th a license agreement
will be brought before City Council. Tables will be sold at $20-25 for the weekend with
the fees going into the City General Fund. Other events are being encouraged.
The condition of the streets in the event area were discussed and some gravel will be 3
spread.
3. EDC 2010-11 Committee Liaisons
It was noted that Alderman Golinski had asked to put this item on the agenda. Alderman
Werderich suggested this be tabled until Alderman Golinski is present. Mayor Burd said
she would be happy to keep Alderman Spears as the liaison of YEDC. She said she had
written the governing ordinance to keep such processes democratic.
Alderman Spears said she had not attended the first YEDC meeting due to the uncertainty
of being liaison and she agreed that the matter should be tabled. AIderman Werderich
said it was his understanding that there are 2 representatives to the YEDC, one of whom
is a Mayoral appointee who represents the Mayor and is a voting member. The other
person is a Council liaison.
Mayor Burd said a liaison is also needed for Plan Commission. This agenda item will be
brought back in May for further discussion.
Additional Business
On a positive note, Mayor Burd said signs of building are evident again.
There was no further business and the meeting was adjourned at 7:45pm.
Minutes respectfully submitted by
Marlys Young
4
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Agenda Item Summary Memo
Tide: Building Inspection Report Summary for March 2010
Meeting and Date: EDC 514/10
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Paul Zabel Community Development
Name Department
Agenda Item Notes:
Cf T F r
M f r�
UNITED CITY OF YORKVILLE
.� INSPECTION REPORT
March 2410
SFD SFA Multi-Famlly Commercial Monthly Flseal
Type of Inspection single single Apartments Industrial Inspection Year-to-
Family Family Condominiums Permits Issued for Totals Dale
Detached Attached Commercial Use
Fence 1 0 0 0 1
Deck 3 0 1 0 0 3
Footing 6 0 1 0 0 6
Backfill 6 0 1 0 0 6
Wall 3 0 1 0 0 3
Under Slab Plumbing 5 p 1 0 0 5
Basement Floor 7 0 0 0 7
Garage Floor 7 0 0 0 7
Rough Framing 9 0 0 1 10
Rough Mechanical 6 0 0 0 6
Rough Electrical 7 0 0 3 10
Rough Plumbing 7 0 0 0 7
Insulation 6 0 0 2 8
Final Framing 13 0 0 0 13
Final Mechanical 1 0 0 2 1
Final Electric 2 0 0 0 4
Final Plumbing 9 0 0 0 9
Sprinklers 1 0 0 0 1
Fire Alarm 0 0 0 0 0
-Hydro Test 0 0 1 0 0 0
Above Ceiling 0 0 0 0 0
In-ground Poo! 0 0 0 0 0
Above Ground Pool 0 0 0 0 0
Miscellaneous 12 0 0 1 13
Re-inspection 2 i 0 0 0 2
Roof 0 0 0 0 0
Occupancy 0 0 0 1 1
Engineering 23 0 0 0 23
Total Inspections 136 0 0 10 146
- - Inspections By: -
Paul Zabel 56
iCCI -- -- - --- _ 35
TPI �� 15
Engineering De artment_ _ 23
BKFD 1
Other -- - 6 —
Total inspections 146
This repart has been prepared Lv D. fi ewrr
DATE: 04?30/2010 UNITED CITY OF YORKVILLE PAGE: 1
TIME: 10.08:35 CALLS FOR INSPECTION REPORT
ID: PT4AG000.WOW
INSPECTIONS SCHEDULED FROM 03!01?2010 TO 03;31,'2010
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE
ICC: 053-INS INSULATION 20090182 310 E. COUNTRYSIDE PKWY. 03103/2010
ICC 054-INS XNSUDATION 03;05i2010
ICC 10.30 055-STP STOOP 03:2312410
ICC 056-FEL FINAI, RLECTRICAI,
03131/2010
Xt'C 026-FIN FINAL INSPECTION 20090467 2357 EMEFALD LN 107 03!0112010
ICC 028-PI.F PLUMBING - FINAL 03!02'2010
ICC AN 002-PLP PLUMBING - ROUGH 20090475 101 77. CE14TER ST. 03/31;2010
ICC 0OB-RRL ROUGH ELECTRICAL 20090481 2366 LAVENDER WAY 91 D3{12{2010
ICC 009-PLR PLUMBING - ROUGH 03!12!2010
ICC 010-RMC ROUGH MECHANICAL 03/12?2010
ICC 024-RFR ROUGH FRAMING 03i12/2010
ICC 025-IN5 INSULATION 03i17/2010
ICC 013-INS INSULA'T'ION 20090492 2355 LAVENDER WAY 95 03102./2010
ICC 007-RFR ROUGH FRAMING 20090483 2346 LAVENDER WAY 96 03/2212010
ICC 008-REL ROUGH ELECTRICAL 03/22/2010
ICC 009-PLR PLUMBING - ROUGH 03/22i2010
ICC 010-RMC ROUGH MF,CHANIC'AI, 03122!2010
ICC 013-INS INSULATION 03/25/2010
ICC 030-STP STOOP 20090504 1281 CLE;ARWATER DRIVE 210 0311212010
ICC 025 FIN FINAL INSPECTION 20090519 2543 MADDFX CT 6 03:05/2010
DS 026 EFL ENGINEFRING - FINAL INSFE 03/03,`2010
ICC 030-FIN FINAL INSPECTION 20090520 1567 SIENNA DR 62 03/31!2010
JD 031-EFL ENGINEERING - FINAL INSPF. 03?31,12010
ICC 032-PLF PLUMBING - FINAL 03;3112010
DATE: 04130%2010 UNITED CITY OF YORKVILLE PAGE: 2
TIME: 10:08:35 CALLS FOR INSPECTION REPORT
ID: 1�r4A0000.wOw
INSPECTIONS SCHEDULED FROM 03iGW 2030 TO 03/31/2034
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE
ICC AM 019-RFR ROUGH FRAMING 24090523 202 E. WOLF STREET 43/03/2010
Ice AM 020-REL ROUGH ELECTRICAL
03:03%2016
ICC AM D21 -INS INSULATION 03;09112010
ICC 016-FFR FINAL FRAMING 20090526 4572 HARRISON ST 1116 D3r11'2030
ICC 017-FEL FINAL ELECTRICAL 03illi201D
ICC 018-PLF PLUMBING - FINAL 03!11/2010
ICC 019-I•'MC FINAL MECHANICAL 03111!2010
ICC 024-REI REINSPECTION 03!1212010
Commentsl: FINAL FR, MECH.FLEC
TPI 003-PLU PLUMBING - UNDPRSLAH 20090532 2336 I.AVENDFPWAY 47 03;18!2010
PZ 14:30 004-BSM BASEMENT P'LOOR 03,12212010
P8 14:30 005-GAR GARAGE FLOOR
a3:22l2n1a
in PM 026-ESS ENGINEERING - STORM 03!16!2010
DB PM 027-ESS ENGINEERING - STORM 031291 2010
PZ 028-STP STOOP 03:30/2010
D'r) 029-SPO SPOT SURVEY 03'03l2C10
ICC am 004-BSM BASEMENT FLOOR 20090538 2306 LAVENDER WAY 99 03118!2010
ICc am 005-GAR GARAGF, FLOOR 03,118,'2010
ICC 025-RFR ROUGH FRAMING 03931,12010
ICC 026-REI, ROUGH ELECTRICAl, 03!31:2010
ICC 027-PLR PLUMBING - ROUGH
03!31!2010
P2 PM 004-BSM BASEMENT FLOOR 20090552 2268 EMERALD LANE 46 03!02/2010
P7. 08:00 005-GAR GARAGE FLOOR 03il7!2010
PZ 007-RFR ROUGH FRAMING 03:'2312010
008-REL ROUGH ELECTRICAL 03/23!2010
DATE: 04/30/2010 UNITED CITY OF YORKV'_LLE PAGE: 3
TIME: 10:09:35 CALLS FOR 1NSPECTION REPORT
ID: PT4A0000.wOw
INSPECTIONS SCHEDULED FROM 03101f2010 TO 03/31/2010
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE
TPI 009-PLR PLUMBING - ROUGH 03;2312010
PZ 010-RMC ROUGH MECHANICAL 03123/2010
DB PM 027-ESS ENGINEERING - STORM 03:76/2010
PZ 028-REL ROUGH ELECTRICAL 03!23/2010
PZ 029-RFR ROUGH FRAMING 03123/2020
PZ 030-RMC ROUGH MECHANICAL 03'23/2010
TPI 031-PI,R PLUMBING - ROUGH 03123:2010
PZ 032-INS INSULATION 03%26:2010
DB PM 033-ESS ENGINEERING - STORM 03/22/2010
PZ 003-RFR ROUGH FRAMING 20090560 612 ANDREA CT 14 03x`25/2010
PZ 11:00 006-FIN FINAL INSPECTION 20090568 642 RED TAIL cT 31 03/01:2010
PZ 004-BSM BASEMENT FLOOR 20090570 2272 EMERALD LN 45 03/01/2010
PZ 08:00 005-GAR GARAGE FLOOR 03:1712010
PZ 007-RFR ROUGH FRAMING 03!1812010
PZ 000-REI, ROUGH ELECTRICAL 03:1$!2010
TPI 009-PLR PLUMBING - ROUGH 03/18/2010
PZ 010-RMC: ROUGH MECHANICAL 03%18/2010
PZ 013--XNS INSULATION 03/23/2010
PZ 13:00 001-FTC FOOTING 20050581 2302 EMERALD LANE 40 03;03,12010
PZ 002-BKF BACKFILL 03/10/2010
TPI 003-PLU PLUMBING - UNDERSLAB 03il B/2010
P7. 14:30 004-BSM BASEMENT FLOOR 0312312010
PZ 14:30 005-GAR GARAGE FLOOR 03;23!2010
013 PM 024-ESW ENGINEERING; - SF.WFR / WAT 03l16i 2010
DATE: 04/30/2010 UNITED CITY OF YORKVILLE PAGE: 4
TIME: 10:08:35 CALLS FOR INSPECTION REPORT
ID: PT4A000O.WOW
INSPECTIONS SCHEDULED FFQM 03/01/2010 TU 03/31/2010
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS I,OT DATE DATE
------------------------------------------------------------------------ -----------------------------------------------------------
DB FM 025-FSS ENGINEERING - STORM 03?49/2010
DW 026-SPO SPOT SURVEY 03122i2010
DW 027-SPO SPOT SURVEY 03;22/2010
PZ 09:00 001-REL ROUGH ELECTRICAL 20100007 234 E VETERANS PKWY 03 110:2010
PZ :3:30 002-RFR ROUGH FRAMING 03/16!2010
PZ 13:30 003-REL RUUG1{ ELECTRICAL 03116!2010
P7. 13:00 004-ELU ELECTRICAL - UNDERSLAB 031l7/2010
JD 027-EFL ENGINEERING - FINAI, IN3PE 20100014 4032 SHOEGER 31 03115/2010
PZ 10:30 001-PIG FOOTING 20100028 2331 EMERALD LN 102 03!18!2010
PZ AM 002-BKF BACKFILL 03126.'2010
DH PM 024-ESW ENGINEERING - SEWER 1 WAT 03129/2010
PZ AM 002-13KF BACKFILL 20100029 1301 DEERPATH DR 258 03/091201.0
PZ 10:00 024-FOU FOUNDATION STEEL 03/0wi2010
MR PM 025-ESW ENGINEERING - SEWER I WAT 031loi2010
DW 026-SPO SPOT SURVEY 03115:2010
TPI 003-PLU PLUMBING - UNDERSLAB 20100031 2309 EMERALD L.N 100 03!18;2010
PZ 15:00 004-BSM BASEMENT FLOOR 03,1912010
PZ 15:00 005-GAR GARAGE FLOOR 03119/2010
JD PM 024-ESU FXGINEERING - STORM 03."1612010
AS PM 025-ESS ENGINEERING - STORM 03/29/2010
PZ 026-STP VTOOP 03,30,2010
DW 028-SPO SPOT SURVEY 03/0312010
PZ 11:30 001-FTG FOOTING 20100034 318 ILLINI OR 14 03il212010
PZ 13:00 002-BKF BACKFII.I- 03/23;2010
DATE: 04:30/2010 UNITED CITY OF YORKVILLE PAC':E: 5
TIME: 10:08:35 CALLS FOR INSPECTION REPORT
ID: PT4A0000,WOW
INSPECTIONS SCHEDULED FROM 03101/2010 TO 03/31/2010
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE
-------------------------------------------------------------------------------------------------------_-----------------------------
MR AM 023-EBW ENGINEERING - SEWER / WA'r 031C9i2010
PZ PM 024-FOU FOUNDATION STEEL 03/1712010
DW 025-SPO SPOT SURVEY 03;31/2010
PZ 001-MIS MISCELLANEOUS 20100035 112 COLONIAL PKWY A-D 03:25!2010
COmmenLSl: ROOF FINAL
PZ 001-FEL FINAL ELECTRICAL 20100038 201 E ETERANS PKWY 03122/2010
PZ 12:00 028-OCC OCCUPANCY INSPECTION 20100039 201 A VF:TRRANS PKWY 03:03.2010
PZ 12:00 004-FIN FINAL INSPECTION 20100045 2782 HOBBS CT 147 03104/2010
FZ 10:00 005-P•EL FINAL ELECTRICAL 03;11%2010
PZ 10:00 001-RFR ROUGH FRAMING 20100045 355 WXNDHAM CIR 03;05!2010
Comments].: BASEMENT WALL
PZ 10:00 002-REL ROUGH ELECTRICAL 03/05/2010
PZ 11:30 001-FTG FOOTING 20100047 2475 EMERALD LN 118 03"1212010
I°Z 002-BKF BACKFILL 03/19/2010
TPT 003-ILU PLUMBING - UNDERSLAS 03%29!2010
PZ 004-BSM BASEMENT FLOOR 03130x2010
PZ 005-GAR GARAGE FLOOR 03:30!2010
DB FM 023-ESW ENGINEERING, - SEWER / WAT 03!2212010
PZ 024-STP STOOP 03!30!2010
PZ 11:00 001-FFG FOOTING 20100048 2291 EMERALD U? 54 C3:'12/2010
PZ 002-BKF BACKFILL 03:'1912010
TPI 003-PLU PLUMBING - UNDERSLAB 03:30/2010
DB PM 023-ESW ENGINEERING - SEWER / WAT 03/2212010
PZ 10:00 001-MIS MISCELLANEOUS 20100052 111 W FOX ST 03!30!2010
P2 11:00 002-PHY POST HOLE -- FENCE 20100055 862 lIP14PTON LN 209 03:'12!2010
DATE: 04/30/2010 UNITED CITY OF YORKVILLE PAGE: 6
TIME: 10;09:35 CALLS FOR INSPECTION REPORT
ID: PT4AO000.WOW
INSPECTIONS SCHEDULED FROM 03!0112010 TO 03/31l2D10
INSPECTOR S{'.HF.D. romp.
TIME TYPE OF INSPECTION PERMYT ADDRESS LOT DATE DATE
PZ 003-FTG FOOTING 20100056 1282 TAUS CIF 119 03l24i2010
PZ AM 023-FOU FOUNDATION STEEL 03/29/2010
JD AM 028-EFL ENGINEERING - FINAL INSPE 20100057 dO22 SHOEGER CT 32 03.'0812010
JD 029-EFL ENGINEERING - FINAL INSPE 03/1612010
PZ 030-FIN FINAL INSPECTION 03%18/2010
TPI 031-PLF PLUMBING - FINAL 03118!2010
JD AM 028-FFL FNGINF.E'RING - FINAL INSPE. 20100058 4024 SHOEGER CT 32 03%0812010
BKF 029-FSP FIRE SPRINKLER SYSTEMS 03'05!2010
PZ 002-Pit POST HOLES 20100062 2321 WINTERTHUR GREEN l88 03x15!2010
PZ 002-PH POST HOLES 20100065 1382 SPRING ST 214 03/24/2010
PZ 13:00 028-FIN FINAL INSPECTION 20100067 4024 SHOEGER CT 32 03!12!2010
TPI 13:00 029-PLF PLUMBING - FINAL 03/12!2010
PZ 030-FIN FINAL INSPECTION 03/18,`2010
TPI 031-REI REINSPECTION 03/18/2010
Commcntsl: FINAL PLUMBING
JD 028-ZFL PWGINEF.RINr. - FINAL INSPE 20100070 2291 GRANDE TP.AII, OT 164 03/16/2010
PZ 029-FIN FINAL INSPECTION 03118,2010
TPI 030-PLF PLUMBING, - FINAI, 03 '1812010
JD 028 EFL ENGINEERING; - FINAI. INSPE 20I00071 2801 SILVER SPRINGS C`1' 241 03i16%2010
PZ 029-FIN FINAI, INSPECTION 03/1312010
TPI 030-PLF PLUMBING - FINAL 03!18%2010
JD 028-EFL ENGINEERING - FINAI, INSPE 20100072 3034 SHOEGER CT 31 0311612010
PZ 029-FIN FINAL INSPECTION 03.'18%2010
TPI 030-PLF PLUMBING - FINAL 03.'18%2010
PZ 028-FIN FINAI, INSPECTION 20100074 2809 SILVER SPRINGS 243 03/29/2010
DATE: 04:30!2010 UNITED CITY OF YORKVILLE PAGE: 7
TIME: 10:09:35 CALLS FOR INSPECTION REPORT
ID: PT4AOOOO.WQW
INSPECTIONS SCHEDULED FROM 03!01!2010 TO 03!31/2010
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE
TPI 029-PLF PLUMBING -- FINAL 03%2912010
DB 030-EFL ENGINEERING - FINAL 1NSPE 03129!2010
PZ 002-Pli POST HOLES 20100085 465 WINTERBERRY DR 12 03126i2010
DATE: 0413012010 L'NTTFD CITY OF YORKVILLE PA('+F.: $
TIME: 10:08:35 CALLS FOR INSPECTION REPORT
ID: PT4A0300.WOW
INSPECTIONS SCHEDULED FROM 03!01%2010 TO 03/311-20I0
INSPECTOR SCHED. COMP.
TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE
PERMIT TYPE SUMMARY: ADD ADDITION 3
BS14 BASEMENT REMODEL 2
COM COMMERCIAL 4
T3CK DECKS 9
ESN ELECTRIC SIGN 1
FNC FENCE 1
MSC MISCELLANEOUS 1
OCC OCCUPANCY PERMTT 24
REM REMODEL 5
RES RESTORATION 5
ROF ROOF 1
SFD SINGLE FAMILY 9AELLING 92
WAL WALL 2
WTR WATER SERVICE CONNECTION 1
INSPECTION SUMMARY: BKF BA[:KFILL fi
113H BASEMENT FLOOR 7
EFT, 1~NCINF.ERINC: - FINAL INSPECTION 10
ELU ELECTRICAL - UNDERSLAS 1
ESS ENGINEERING - STORM 7
ESW ENGINEERING - SEWER 1 WATER 6
FFL FINAL ELECTRICAL 4
FFR FINAL FRAMING 1
FIN FINAL. INSPECTION 12
FMC FINAL MECHANTCAL. 1
FOU FOUNDATION STEEL 3
FSP FIRE SPRINKLER SYSTEMS 1
FTG FOOTING 6
GAR GARI.GE FLOOR 7
INS INSULATION 8
MIS MISCELLANEOUS 2
OCC OCCUPANCY INSPECTION I
PH POST HOLES 3
PTIF POST HOLE - FENCE I
PLF PLUMBING - FINAL 9
PLR PLUMBING - ROUGH 7
PLU PLUMBING - UNDERSLAB 5
RET REINSPF,CTTON 2
REL ROUGH ELECTRICAL 10
RFR ROUGH FRAMING 10
RMC ROUGH MECHANICAL 5
SPO SPOT SURVEY 6
STP STOOP 5
INSPECTOR GU4MARY: I
BKF BRISTOL KF,NnAL,L. FIRE: DEPT 3
DATE: 09'3012010 UNITED CITY OF YURKVXLLE PAGE: 9
TIME: 10:08:35 CALLS FOR INSPECTION REPORT
ID: PTBAOOOO.wow
INSPECTIONS SCHEDULED FROM 03101/2010 TO 03/3112010
INSPECTOR SCRED. COMP.
TIME TYPE OF INSPECTION PRRMXT ADDRESS LOT nATF DATE
----------------------------------------------------_--------------------------------------------------------------------------------
DB DARRELL BUSCH 11
DW D WEINERT 6
ICC ICCI INSPECTOR 35
JD JACKIE DEARBORN 10
MR MIKE. ROBINSON 2
PZ PAUL ZABEL 65
TFI TPI INSPECTION SERVICES 15
STATUS SUMMARY: A 13KF 1
A JD 1
C ICC 2
C JD 6
C 1'"L 13
C TFI 6
I 1
I DB 10
I DW 6
I ICC 29
7 JD 3
I MR .'.
I PZ 52
I TPI 9
T 013 1
T IC.0 4
REPORT SUMMARY: 146
Reviewed By: Agenda Item Number
0 Legal ❑
1636
EST 1836 E)
Engineer ❑
-t r� City Administrator ■ Tracking Number
O In
9 K aO Police ❑
ALE �Vv` Human Resources ❑ {� I ' C';S
Public Works ❑
City Council Agenda Item Summary Memo
Title: Blackberry Woods Annexation Agreement Amendment
City Council /Committee Agenda Date: Economic Development Committee, May 4, 2010
Synopsis: See attached memo.
Council Action Previously Taken:
Date of Action: N /A Action Taken: N / A
Item Number:
Type of Vote Required: Discussion
Council Action Requested: Direction
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
_•��° C`''y Memorandum
v p
J 'A To: EDC
esr. � lass From: Bart Olson, City Administrator
-� _ CC. Laura Schraw, Interim Community Development Director
p Joe Wywrot, City Engineer
Date: April 30, 2010
<LE �V Subject: Blackberry Woods Amendment to PUD Agreement
Background:
The petitioner has requested to amend the amended annexation agreement and planned
unit development agreement pertaining to fees and security deposits, and to clarify obligations to
the City. The original agreement is attached for your reference.
The language of the amendment is still under discussion between staff and the petitioner.
The petitioner is on an expedited schedule due to the terms of their purchase contract, which is
why the final language of the contract has not been completed. It is my hope that the Economic
Development Committee can give staff and the petitioner some direction on the policy issues in
the amendment so that any disagreements between staff and the petitioner can be settled prior to
the City Council public hearing.
The developer is requesting a substantial amount of changes to City code and policies to
make the subdivision viable. As we have seen in the past few years, residential development has
halted. The developer has stated that the existing codes and requirements of the City for
securities, infrastructure acceptance, impact fees, and other items renders most residential
development in the City, and particularly this site, economically unfeasible.
Petitioner Requests and Staff Comments/Recommendations:
Security Reductions and Infrastructure Acceptance
The City's policy on letter of credit (LOC) reductions and public improvement
installation dictates that LOCs are reduced as improvements are completed, after 50% buildout,
per the Standard Specifications. Blackberry Woods is at l0%buildout and Staff completed a
preliminary punch list for remaining improvements.
For a typical development the initial LOC is 110% of approved cost of improvements.
When an item is substantially complete, is tested and operational, the City will lower or reduce to
a level equal to 20% of Engineer's Estimate of Probable Cost . To further reduce the LOC, staff
will put together a punch Iist, have the City Council accept the improvements (done as an entire
final plat), and 10% of the LOC will remain for l year. At end of 1 year, if all remains
acceptable, the LOC will be reduced completely and the City will be responsible for all future
maintenance and repair to the infrastructure in the platted unit.
The developer is requesting a partial acceptance policy, similar to what was completed
within the Windett Ridge subdivision. Instead of accepting the unit's infrastructure all at once,
the developer is requesting that we segment the infrastructure into categories and accept the
infrastructure as each category within the unit is complete. For example, if the water main is
complete in the unit, the City will accept the water main and the warranty period will begin on
the water main. This is an advantage to the developer because they are able to relinquish
responsibility for a partial amount of the infrastructure within the unit. This is an advantage to
the City because the developer will likely be more motivated to complete entire components of
infrastructure quickly. This is a disadvantage to the City because we are accepting infrastructure
sooner than normal and there is potential for the infrastructure in the subdivision to be damaged
by the ongoing construction within the unit. Thus, the staff is recommending that the partial
acceptance process be written into the agreement and that the infrastructure most at risk for
construction damage, the surface structures (buffalo boxes, storm sewer inlets, etc.) be covered
under a section in the agreement which states that any damage to surface structure is to be
repaired by the developer.
The City has adopted a new policy within past year that when the infrastructure is
completed, we calculate an inflation factor on the unit price of each piece of infrastructure. The
developer has requested that we not subject them to the new policy with the inflation factor,
and staff feels this is reasonable given that the subdivision was approved under the old LOC
reduction policy. Furthermore the developer is requesting that the LOC be established at 110%
of the original engineer's estimate of probable cost (as opposed to the updated engineer's
estimate of probable cost—which is slightly higher) and upon partial acceptance of each
category of infrastructure,be reduced to 10% of that categories value at acceptance and remain
in place for the warranty period of 1 year. Normally, the initial letter of credit would be reduced
from its original amount (110%) to 20% until acceptance and then 10% during the warranty.
The developer is requesting that the 20% figure be removed from the equation. For example, if
all of the water main is completed within the unit, we would reduce down to 10%through the
warranty period. Staff is accepting of the developer's requests and will draft language
accordingly.
For this development, two LOCs should be established - one for earthwork and erosion
control, and the second for all other items (water main, sewer main, parkway trees, fire hydrants,
etc.). The developer is suggesting that the earthwork is substantially complete and therefore
should not be required to bond for the improvements, same with the erosion control. The
developer is also requesting sidewalks and parkway landscaping have no initial LOC,but as the
lots are sold to home builders and building permits are pulled, the City obtain bonding from the
builders of those individual lots to guarantee the sidewalk and parkway landscaping will be
completed. While this would create a greater administrative burden on the staff, the staff is
accepting of the request and will draft language accordingly. The amount of the LOC for each
builder will depend on whether the lot is internal (i.e. one frontage with sidewalks and parkway
trees) or a corner lot (i.e. two sides with sidewalks and parkway trees).
Maintenance of the detention basins
The original annexation agreement states that a Homeowner's Association would own the
detention basins and landscaped entrance, and maintain these areas. The developer has
requested the removal of the HOA, that the City accept the basins as they exist, and the City
establish a backup SSA by ordinance to maintain these areas. The developer has indicated that
they intend to maintain the basins for a few years before they are turned over. The staff is
accepting of the request,but a substantial amount of legal work will need to be completed to
establish the backup SSA. Therefore, the developer will have to continue to remain current with
their legal deposits and will have to agree to fund the work for the supplemental SSA enactment
ordinances.
The detention basins do not currently ineet the requirements of the landscape plan or the
City's landscape ordinance. The developer is compiling an alternate basin design that will be
reviewed by staff and the new landscape plan will have to be approved as part of the agreement.
Platting
The subdivision has been recorded as one unit. The eastern portion of the development
has streets and most of the other types of infrastructure. The western portion of the development
has no streets and only has a portion of looped water main and a sanitary sewer main. The
developer has requested that all letters of credit be reduced for the portion of the development
that is not completed (the western portion). The staff does not agree with the initial request, but
has suggested splitting the existing one unit into two units and vacating the western unit where
minimal infrastructure exists. This would mean the individual lots on the western unit would be
deleted and the developer would not have to provide letters of credit for infrastructure within the
unit—except for the infrastructure that remains in the ground. For that infrastructure, the
developer would have to dedicate permanent easements to the City for the infrastructure and
would have to maintain letters of credit for that infrastructure as it is vital to the operation of the
infrastructure in the eastern unit.
Impact Fees
The developer is requesting a $2,000 reduction in impact fees. The transportation
impact fee is $2,000 per residential unit. The staff has agreed that the transportation impact fee
could be waived if the developer would agree to patch, mill, and repave the only regional arterial
road to and from the subdivision, Cannonball Trail. Since Cannonball Trail was improved by
Kendall Marketplace for the portion south of Veteran's Parkway to just north of John Street, the
portion recommended by staff to be improved by the developer in consideration for waiving the
transportation impact fee is from the north boundary of Blackberry Woods to the southern
terminus of the improvements to Cannonball Trail made by Kendall Marketplace. The value of
this work is roughly estimated by staff to be $75,000 which would have a $500 per lot value.
This would mean the City would be waiving $1,500 in transportation impact fees. To make up
the additional $500 in requested impact fee reduction, the City Council could waive any of the
following impact fees in full or in part - $700 for the Public Works Department, $300 for the
Police Department, $500 for the Library, $50 for the Parks Department, $100 for the Engineering
Department, or$568 for the Parks land-cash fee. Staff seeks the Committee's direction on
impact fee waiver and reduction, as all of the impact fees were established by ordinance to
reduce the financial impact of new development.
The developer is also requesting an extension of the impact fee lock for an additional
eight years (through 2018), and has agreed to the pay the municipal building fee of$150 per unit,
up front at time of property sale to the development. This is a policy decision for the City
Council.
Buildiny,Codes
The developer is requesting an extension on the building code lock through 2020. This
is policy decision for the City Council.
s�,�tiv CI ry� United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
�? Fax: 630-553-7575
P
PC#
APPLICATION & PETITION TO AMEND
ANNEXATION or PLANNED UNIT DEVELOPMENT(PUD)AGREEMENT
Development Name: Blackberr T oods Sub Date of Submission: April 124 2010
1. Name of Petitioner(s): Crestview BuidIders, Inc., an Illinois Corporation
Individual SS#_ or Company Tax 1D#
Address:
Phone Number: Fax Number:
Email Address:
Relationship of Petitioner(s)to subject property:
D Owner a Developer )0 Contract Purchaser
2. Name of holder of legal title,if different from#1: ['astlP Aanki N_A_
If legal title is held in a Land Trust, list the names of all holders of any beneficial interest
therein:
3. a). Street address and physical location of subject property: All un-remaining sold lots in
Blackberry Woods Subdivision in the Township of Bristol, United Citycof
.
b}. Legal description of property;attach as E>dlibit'A". Yorkville, Kendall County, IL
c). Total Acreage: 60 +/_
d). Kendall County Parcel Number(s)of property: see attached Exhibit t%"
e). Current Zoning Classification: R-2 PUD
0. Zoning Classification Requested 9changing zoning: R-2 PUD (no change)
Page 15 ors
United City of YorkviVle Amend Annexation/PUD Appliation Revised: 9.14.09
16
4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition
under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit MR.) IICn
5. Date of Annexation or PUD Agreement sought to be amended: (1 ) 7/1V05 (2) 12/18/07
Name of Agreement: `
Date of Recording:
Attach a true and correct copy of agreement as Exhibit W. 111)"
6. State the items to be amended from the existing annexation or PUD agreement.
see attached Exhibit "E"
7. Contact Information: Name,address,phone number,fax number, and email address of person to
whom inquiries regarding this petition may be directed:
Ron Wehrli,
Attorney: Name: Daniel J. Kramer
Address:
Phone Number: Fax Number:
Email Address:
Engineer: Name: CeMOOn
Address:
Phone Number: Fax Number:
Email Address:
Land Planner: Name:
Address:
Phone Number: Fax Number.
Email Address:
** (1 ) Aro*xation Agreement and Planned Unit Mevelopment Agreement
(2) Amended Annexation Agreement and Planned Unit Development Agreement
*** 0 ) recorded 5/18/06 as document #200600015095
(2) recorded 2/28/08 as document #200800005143
Page 16 of 5
United City of Yorkville Amend Anaexation/PUD Application Revised' 9.14.09
17
9. Submit the following to the Community Development Department In order to be scheduled for the
necessary committee meetings. An incomplete submittal could delay the scheduling of your project.
a. Original application with legal description plus 40 copies.
b.Appropriate filing fee(Please refer to page 4 of this application"Petitioner Route,
Step 1, Fees and/or contact the Community Development Department for verification
of this amount).
c. Site Plan(if necessary): 40 sets folded to fit in a 10"x 13'envelope
d. One CD containing PDFs of the signed application,exhibits and site plans. The legal
description and amandment(draft)documents should be In word.doc format
In witness whereof the following petitloner(s)have submitted this application under oath and verify that to
the best of their knowledge its contents are true and correct and swear that the property to be annexed is
contiguous to th. United City of Yorkville.
3
Date,
Petitioner(s)Signature: GT l property owners of record signatures must appear on this application.)
Y r�yv✓ t.t r lL.
� t
�G
Subscribed and sworn to before me this day of z4a; 2
Notary Seal
THIS APPLICATION MUST BE NOTARIZED. ,
FAMEL J. KRAMER RY PL)oi K,STATE OF iI.I.M.
pMMIS5101 ExPlRES .tJ2f2g1Z J� 4
Page 17 of 5
United City ofYorkviHeAmendAnnexatiow?UDApplication Revised: 9.14.09
1 19
Agreement:
I understand and accept all requirements,fees as outlined as well as any Incurred administrative and
planning consultant fees which must be current before this project can proceed to the next scheduled
committee meeting.
Please sign and return this original(retaining a copy for your retards)to the Community Development
Department,United City of Yorkville, 800 Game Farm Road,Yorkville, Illinois 60560.
l r�-
Signature of Petitioner 1` �f U '
1
Date:
Page 19 or S
United City of YorkvilleAmadAnnexation/PUDApplication Revised: 9.14,09
Daniel J. Kramer
Agent for Stewart Title Guaranty Company
1107 A. South Bridge Street, Yorkville, IL 60560
Phone(630)553-9500 Fax
TITLE COMMITMENT SCHEDULE A-'I: LEGAL DESCRIPTION
Commitment Number: 313796DJK
The land referred to In this Commitment is descibed as fellows:
LOTS 1,3, 5, 6, 8, 10, 11, 13, 15, 16, 19, 20,21, 22, 23, 24,25, 26,28,29,30,32,33,35,37,38,39,40,41,
42,43,44,45,46,47,48,49, 51, 52, 53, 54, 57, 58, 59, 60, 61,62,63,64,65,66,67, 68, 69,70,73,75,77,
78, 79,80, 81, 62,83, 84,85, 86, 87, 88, 69,90,91, 92,93,94, 95,96, 97,98, 100,101, 103, 108, 109. 110,
111, 112, 113, 114 , 115, 116, 117, 118, 119, 120, 121, 122, 12-3, 124, 127, 128, 129, 131, 133, 134, & 135 in
BLACKBERRY WOODS, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 30,TOWNSHIP 37
NORTH, RANGE 7 FAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED
MAY 21,2007 AS DOCUMENT NUMBER 200700016272, IN THE CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS.
FOR INFORMATION ONLY:
SEE LEGAL,
f3]7T16.ff W313796W I(/3)
Ex h W "6
Daniel 2.Kramer
Agent for Stewart Title Guaranty Company
1107 A. South Bridge Street,Yorkville,IL 60560
Phone(630)553-9500 Fax
TITLE COMMITMENT SCHEDULE B, SECTION II; EXCEPTIONS
File Number: 313796DJK
8, GENERAL REAL ESTATE TAXES FOR THE YEAR 2009 AND YEARS THEREAFTER WHICH ARE A LIEN, NOT
YET DUE OR PAYABLE.
GENERAL REAL ESTATE TAXES FOR THE YEAR 2008 ARE PAID.
TAX IDENTIFICATION NUMBER: 02-29-133-001 (LOT 1)
TAX IDENTIFICATION NUMBER: 02-29-133-003 (LOT 3)
TAX IDENTIFICATION NUMBER: 02-29-133-•005 (LOT 5)
TAX IDENTIFICATION NUMBER: 02-29-133-006 (LOT 6)
TAX IDENTIFICATION NUMBER: 02-29-133-008 (LOT 8)
TAX IDENTIFICATION NUMBER: 02-29-133-010 (LOT 10)
TAX IDENTIFICATION NUMBER: 02-29-133-011 (LOT 11)
TAX IDENTIFICATION NUMBER: 02-29-132-006(LOT 13)
TAX IDENTIFICATION NUMBER: 02-29-132-006 (LOT 15)
TAX IDENTIFICATION NUMBER: 02-29-132-005(LOT 16)
TAX IDENTIFICATION NUMBER: 02-29-132-002(LOT 19)
TAX IDENTIFICATION NUMBER: 02-29-122-018(LOT 20)
TAX IDENTIFICATION NUMBER: 02-29-122-019 (LOT 21)
TAX IDENTIFICATION NUMBER: 02-29-122-020 (LOT 22)
TAX IDENTIFICATION NUMBER: 02-29-122-021 (LOT 23)
TAX IDENTIFICATION NUMBER: 02-29-134001 (LOT 24)
TAX IDENTIFICATION NUMBER: 02-29-326-001 (LOT 25)
TAX IDENTIFICATION NUMBER: 02-29-326-002 (LOT 26)
fL.i79b.fFW3l779FOJ(I5J
Daniel J. Kramer
Agent for Stewart Title Guaranty Company
1107 A. South Bridge Street,Yorkville, IL 60560
Phone (630)553-9500 Fax
TITLE COMMITMENT SCHEDULE B, SECTION II: EXCEPTIONS (continued)
File Number, 313796DJK
TAX IDENTIFICATION NUMBER: 02-29-326-004(LOT 28)
TAX IDENTIFICATION NUMBER: 02-29-326-005(LOT 29)
TAX IDENTIFICATION NUMBER: 02-29-326-006(LOT 30)
TAX IDENTIFICATION NUMBER: 02-29-327-003(LOT 32)
TAX IDENTIFICATION NUMBER: 02-29-327-002(LOT 33)
TAX IDENTIFICATION NUMBER: 02-29-304-004(LOT 35)
TAX IDENTIFICATION NUMBER: 02-29-304-002(LOT 37)
TAX IDENTIFICATION NUMBER: 02-29-304-001 (LOT 38)
TAX IDENTIFICATION NUMBER: 02-29-326-001 (LOT 39)
TAX IDENTIFICATION NUMBER: 02-29-328-004(LOT 40)
TAX IDENTIFICATION NUMBER: 02-29-328-003 (LOT 41)
TAX IDENTIFICATION NUMBER: 02-29-328-002(LOT 42)
TAX IDENTIFICATION NUMBER: 02-29-123-017(LOT 43)
TAX IDENTIFICATION NUMBER: 02-29-123-016(LOT 44)
TAX IDENTIFICATION NUMBER: 02-29-123-015(LOT 45)
TAX IDENTIFICATION NUMBER: 02-29-123-011 (LOT 46)
TAX IDENTIFICATION NUMBER: 02-29-123-013 (LOT 47)
TAX IDENTIFICATION NUMBER: 02-29-123-012(LOT 48)
TAX IDENTIFICATION NUMBER: 02-29-123-011 (LOT 49)
TAX IDENTIFICATION NUMBER: 02-29-123-009(LOT 51)
TAX IDENTIFICATION NUMBER: 02-29-123-008(LOT 52)
TAX IDENTIFICATION NUMBER: 02-29-123-007 (LOT 53)
TAX IDENTIFICATION[NUMBER: 02-29-123-006 (LOT 54)
TAX IDENTIFICATION NUMBER: 02-29-123-003(LOT 57)
TAX IDENTIFICATION NUMBER: 02-29-123-002 (LOT 58)
TAX IDENTIFICATION NUMBER: 02-29-123-001 (LOT 59)
TAX IDENTIFICATION NUMBER: 02-29-123-030(LOT 60)
TAX IDENTIFICATION NUMBER: 02-29-123-029 (LOT 61)
TAX IDENTIFICATION NUMBER. 02-29-123-028 (LOT 62)
TAX IDENTIFICATION NUMBER: 02-29-123-027(LOT 63)
TAX IDENTIFICATION NUMBER: 02-29-123-026(LOT 64)
TAX IDENTIFICATION NUMBER: 02-29-123-025(LOT 65)
TAX IDENTIFICATION NUMBER: 02-29-123-024(LOT 66)
TAX IDENTIFICATION NUMBER: 02-29-123-023(LOT 67)
TAX IDENTIFICATION NUMBER: 02-29-123-022(LOT 68)
TAX IDENTIFICATION NUMBER: 02-29-123-021 (LOT 69)
TAX IDENTIFICATION NUMBER: 02-29-123-020(LOT 70)
TAX IDENTIFICATION NUMBER: 02-29-302-001 (LOT 73)
TAX IDENTIFICATION NUMBER: 02-29-301-013(LOT 75)
TAX IDENTIFICATION NUMBER: 02-29-125-011(LOT 77)
TAX IDENTIFICATION NUMBER: 02-29-125-010(LOT 78)
TAX IDENTIFICATION NUMBER: 02-29-125-009(LOT 79)
TAX IDENTIFICATION NUMBER: 02-29-125-008(LOT 80)
TAX IDENTIFICATION NUMBER: 02-29-125-007 (LOT 81)
TAX IDENTIFICATION NUMBER: 02-29-125-006 (LOT 82)
TAX IDENTIFICATION NUMBER: 02-29-125-005 (LOT 83)
TAX IDENTIFICATION NUMBER: 02-29-125-004(LOT 84)
f�13796.i'FW3f37�ffL(7S)
Dante!3.Kromer
Agent for Stewart Title Guaranty Company
1107 A. South Bridge Street, Yorkville,IL 60560
Phone(630)553-9500 Fax
TITLE COMMITMENT SCHEDULE B, SECTION 11: EXCEPTIONS (continued)
File Number: 313796DJK
TAX IDENTIFICATION NUMBER: 02-29-125-003 (LOT 85)
TAX IDENTIFICATION NUMBER: 02-29-125-002 (LOT 86)
TAX IDENTIFICATION NUMBER: 02-29-125-001 (LOT 87)
TAX IDENTIFICATION NUMBER: 02-29-301-001 (LOT 88)
TAX IDENTIFICATION NUMBER: 02-29-301-002 (LOT 89)
TAX IDENTIFICATION NUMBER: 02-29-301-003 (LOT 90)
TAX IDENTIFICATION NUMBER: 02.29-301-004(LOT 91)
TAX IDENTIFICATION NUMBER: 02-29-301-005 (LOT 92)
TAX IDENTIFICATION NUMBER: 02-29-301-006(LOT 93)
TAX IDENTIFICATION NUMBER: 02-29-301-007(LOT 94)
TAX IDENTIFICATION NUMBER: 02-29-301-008 (LOT 95)
TAX IDENTIFICATION NUMBER: 02-29-301-009(LOT 96)
TAX IDENTIFICATION NUMBER: 02-29-301-010 (LOT 97)
TAX IDENTIFICATION NUMBER; 02-29-301-011 (LOT 98)
TAX IDENTIFICATION NUMBER: 02-29-303-013 (LOT 100)
TAX IDENTIFICATION NUMBER: 02-29-303-012(LOT 101)
TAX IDENTIFICATION NUMBER: 02-29-303-010 (LOT 103)
TAX IDENTIFICATION NUMBER: 02-29-303-005 (LOT 108)
TAX IDENTIFICATION NUMBER: 02-29-303-004(LOT 109)
TAX IDENTIFICATION NUMBER: 02-29-303-003 (LOT 110)
TAX IDENTIFICATION NUMBER: 02-29-303-002(LOT 111)
TAX IDENTIFICATION NUMBER: 02-29-303-001 (LOT 112)
TAX IDENTIFICATION NUMBER: 02-29-124-003 (LOT 113)
TAX IDENTIFICATION NUMBER: 02-29-124-002(LOT 114)
TAX IDENTIFICATION NUMBER: 02-29-124-001 (LOT 115)
TAX IDENTIFICATION NUMBER: 02-29-122-001(LOT 116)
TAX IDENTIFICATION NUMBER: 02-29-122-002(LOT 117)
TAX IDENTIFICATION NUMBER: 02-29-122-003(LOT 118)
TAX IDENTIFICATION NUMBER: 02-29-122-004(LOT 119)
TAX IDENTIFICATION NUMBER: 02-29-122-005 (LOT 120)
TAX IDENTIFICATION NUMBER: 02-29-122-006(LOT 121)
TAX IDENTIFICATION NUMBER: 02-29-122-007(LOT 122)
TAX IDENTIFICATION NUMBER: 02-29-122-008 (LOT 123)
TAX IDENTIFICATION NUMBER: 02-29-122-009(LOT 124)
TAX IDENTIFICATION NUMBER: 02-29422-012(LOT 127)
TAX IDENTIFICATION NUMBER: 02-29-122-013(LOT 128)
TAX IDENTIFICATION NUMBER. 02-29-122-D14(LOT 129)
TAX IDENTIFICATION NUMBER: 02-29-132-001 (LOT 133)
TAX IDENTIFICATION NUMBER: 02-29-326-007(LOT 134)
TAX IDENTIFICATION NUMBER: 02-29-301-014(LOT 135)
TAX IDF3•TIMCATION NUMBER-. 02-29-122-016 (Wr 131 )
"C!'jbillar r�M,
F i l e d f or f ecar d +r
FENDALL COUNTY, TLL.dNOF
PAUL AHOERSON
05-18_20u06 AL 112:05 nt.
ORDINANCE 84..0'[
STATE OF ILLINOIS ) K11CP Surchargc II'l C10
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2005-to 1
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT OF
BLACKBERRY WOODS
WHEREAS,it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement and
Planned Unit Development Agreement(for the development commonly known as
Blackberry Woods) pertaining to the annexation of real estate described on the Exhibit
"A" attached hereto and made a part hereof entered into by the UNITED CITY OF
YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS,the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
WHEREAS,the property is presently contiguous to the City
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
C� �
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
WANDA OHARE � JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER JL MARTY MUNNS
ROSE SPEARS � JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville,Kendall County,
Illinois,this - - Day of -::!r"-- A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this a. day of A.D. 2005.
ATTEST:
CITY CLERK.
OF
Prepared by: �
John Justin Wyeth Gorp4e '
City Attorney
United City of Yorkville ° ►� ' '�
800 Game Farm Road
Yorkville, IL 605601
r
REV.-710s/05
ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT
AGREEMENT ("Agreement"), is made and entered as of the 011y of July, 2045 by and
between MCCUE BUILDERS,INC, an Illinois Corporation(collectively, "OWNERS'
MCCUE BUILDERS, INC, an Illinois corporation("DEVELOPEW) and the UNITED CITY
OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the
laws of the State of Illinois (hereinafter referred to as "CITY) by and through its Mayor and
Aldermen ("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are
sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties".
RECITALS:
A. OWNERS and DEVELOPER are the owners of record of certain parcels of real
estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A"
(hereinafter referred to as "SUBJECT PROPERTY).
B. OWNERS and DEVELOPE'., desire to annex the SUBJECT PROPERTY to the
CITY for the purposes of developing a residential planned unit development (PUD) known as
Blackberry Woods. The SUBJECT PROPERTY is currently contiguous with the existing
corporate limits of the CITY and is not within the boundary of any other city.
C. OWNERS and DEVELOPER desire to proceed with the development thereof for
residential use in accordance with the terms and provisions of this Agreement.
D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be
rezoned as a PUD under the R-2 and R4 Single-Family Residence Districts provisions of the
City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit
Development, to be developed with detached single-family residences within the SUBJECT
PROPERTY consisting of approximately sixty (60) acres, legally described in Exhibit "B"
attached hereto (with both the R-2 and R4 portion being legally described), all as depicted on
the Preliminary PUD Plan attached hereto and incorporated herein as Exhibit"C",
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning and conceptual site plan on May 11,
2005. City Council conducted the public hearing on the annexation agreement on June 14,2005.
2
F. The CITY and OWNERS and DEVELOPER have given all appropriate notices
due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City
Code,
G. The Corporate Authorities, after due and careful consideration, have concluded
that the Execution of the Annexation Agreement and Planned Unit Development Agreement
subject to the terms and provisions of this Agreement, and the rezoning, subdivision and
development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and
improvement of the CITY in that it wi)l increase the taxable value of the real property within its
corporate limits, promote the sound planning and development of the CITY and will otherwise
enhance and promote the general welfare of the people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNERS and
DEVELOPER and the CITY to annex and develop the SUBJECT
PROPERTY described in the attached Exhibit "A" as a Planned Unit
Development(PUD) establishing a unique character through the provision
of a mix of residential uses in conformance with the United City of
Yorkville Comprehensive Plan with open spaces totaling over
approximately 11.88 acres interspersed throughout the development and
througb the provision of orderly flow of traffic within the development
and to adjoining real property.
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNERS and DEVELOPER to provide for
performance standards in the development of the SUBJECT PROPERTY.
3
(iii) Rub party agrees that a substantial impact will be placed on the services
of the United City of Yorkville and other governmental agencies by
development of said real property.
(iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of
the CITY.
1. It is the desire of the CITY, the OWNERS and DEVELOPER that the
development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in
accordance with the terns and provisions of this Agreement, and be subject to the applicable
ordinances, codes and regulations of the CITY now in force and effect, except as otherwise
provided in this Agreement.
J. The OWNERS and DEVELOPER and their representatives have discussed the
proposed annexation and have had public hearings with the Plan Commission and the City
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement and to
supplement the Petition for Zoning and Annexation and drawings submitted therewith, including
the Preliminary PUD Plan, attached hereto as Exhibit"C" and agree that the annexation,zoning
and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following
terms and conditions and in consideration of the various agreements made between the parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CI'T'Y ordinances, as amended from
4
time to time, and applicable provisions of the Illinois Compiled Statutes and the
Illinois Constitution.
2. ANNEXATION AND ZONING. As soon as reasonably practicable following
the execution of this Agreement, the Corporate Authorities shall adopt such
ordinances as may be necessary and appropriate to annex and rezone the
SUBJECT PROPERTY under the R-2 and R-4 Single-Family Residence District
provisions of the City Zoning Ordinance C'Zoning Ordinance') with a Special
Use for a Planned Unit Development with 132 residences all as shown on the
Preliminary PUD Plan attached hereto as Exhibit"C", provided that interim use
of all or any portion of the SUBJECT PROPERTY as agricultural use shall be
permitted as legal non-conforming uses of the SUBJECT PROPERTY until such
portions are actually developed.
OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed
in accordance with the ordinances of the CITY, as approved or subsequently amended, unless
otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY
in connection with such development except as modified in this Agreement and the Preliminary
PUD Plan(Exhibit"C").
3. VARIATIONS FROM LOCAL CODES. The specific modifications and
deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit
"E" attached hereto have been requested, approved and are permitted with respect
to the development, construction, and use of the SUBJECT PROPERTY
("Permitted Variations").
5
7
4. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS
and DEVELOPER agree that any extension and/or construction of the utilities and
public improvements shall be performed in accordance with existing CITY
subdivision regulations as varied by this Agreement. Any on-site work and the
cost thereof shall be the reycponsibility of OWNERS and DEVELOPER within
their respective parcels. In the event the CITY cannot obtain the necessary off-site
easements for the extension of the water mains, OWNERS and DEVELOPER
shall be allowed to extend water mains from other locations to their respective
parcels on the SUBJECT PROPERTY within existing easements or rights-of-way.
In addition, the CITY agrees that, at DEVELOPER's request, the CITY shall exercise
reasonable and best efforts to acquire off-site easements.
5. POTABLE WATER SUPPLY SANITARY SEWFg, RECAPTURE AND
li' MING MECHANISMS.
A. The CITY represents to OWNERS and DEVELOPER that the CITY owns
potable water, fire flow and water storage facilities and that such facilities will have sufficient
capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the
SUBJECT PROPERTY as developed pursuant to the terms of this Agreement.
B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and
cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer
treatment capacity from the Yorkville Bristol Sanitary District for use within their respective
parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally,
the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to
obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY
6
1
or, in the alternative, shall provide such means of delivery, subject,however, to the requirements
of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such l
governmental approvals and permits, but in the event that its best efforts are not successful, the
CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary
sewer treatment capacity contemplated under this Subsection 5(B) arising from its inability to
obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of
sanitary sewer extensions to the SUBJECT PROPERTY.
C. The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor
DEVELOPER shall become liable to the CITY or any other party for recapture upon the
annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water
lines or storm, water lines and/or storage facilities that may serve the SUBJECT PROPERTY;
provided,however, subject to the terms of this Agreement,DEVELOPER shall be responsible to
pay sewer and water connection fees.
6. SECURPrY INSTRUMENTS.
A. Posting Securi OWNERS and DEVELOPER shall deposit, or cause to be
deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms
prescribed by the ordinances of the CITY ("Security Instruments") to guarantee completion
and maintenance of the public improvements to be constructed as a part of the development as
are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole
discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or
surety bond will be used as the security instruments. The amount and duration of each Security
Instrument shall be as required by applicable ordinances of the CITY. The City Council upon
recommendation by the City Engineer,may from time to time approve a reduction or reductions
in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value
7
q
certified by the City Engineer of the completed work, so long as the balance remaining in the
Security Instruments is at least equal to one hundred ten percent(I10%) of the cost to complete
the remaining public improvements for the Development.
B. Acce tance of Underground 1m rovements and Streets. Upon completion and
inspection of underground improvements, streets, and/or related improvements of Development,
and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and
DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security
Instrument, subject to a maintenance Security Instrument remaining in place for a one year
period from the date of acceptance by the CITY, in conformance with the City Subdivision
Control Ordinance.
The CITY shall exercise good faith and due diligence in accepting said public
improvements following OWNERS' and DEVELOPER's completion thereof for the
Development in compliance with the requirements of said ordinance, and shall adopt the
resolution accepting said public improvements not later than thirty (30) days following the
approval of the as-built plans.
C. Transfer and Substitution. Upon the sale or transfer of any portion of their
respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be
released from the obligations secured by its Security Instruments for public improvements upon
the submittal and acceptance by the CITY of a substitute Security Instrument approved by the
C1TY,securing the costs of the improvements set forth therein.
7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes
of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
8
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the
date of this Agreement. Any amendments, repeal, or additional regulations, which are
subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT
PROPERTY except upon the written consept of OWNERS and DEVELOPER during said five
(5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace
period from the date they are notified of any changes to the ordinances,regulations, and codes of
the CITY in order to comply with the new regulations. After said five (5) year period, the
SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the expiration of said five (5) year period,
provided,however, that the application of any such ordinance,regulation or code shall not result
in a reduction in the number of residential building lots herein approved, alter or eliminate any of
the ordinance variations provided for herein, nor result in any subdivided lot or structure
constructed within the SUBJECT PROPERTY being classified as non-conforming under any
ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the MY is
required to modify, amend or enact any ordinance or regulation and to apply the same to the
SUBJECT PROPERTY pursuant to the express and specific mandate of any superior
governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY
and be complied with by DEVELOPER, provided, however, that any so-called "grandfather"
provision contained in such superior governmental mandate which would serve to exempt or
delay implementation against the SUBJECT PROPERTY shall be given full force and effect.
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
9
�r
any improvements, buildings, appurtenances, or any other development of any kind or character
upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based,
are.amended or modified to impose less restrictive requirements on development or construction
upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive
requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the
contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with
development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive
amendment or modification applicable generally to all properties within the CITY.
8. BMDING CODE BUILDING PERMITS.
A. The building codes for the CITY in effect as of the date of this Agreement and the
dates of the latest revisions thereto as they presently exist, except as amended, varied, or
modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its
development for a period of five(5) years from the date of this Agreement. Any amendments,
repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be
applied to the development of the SUBJECT PROPERTY except upon the written consent of
OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period,
the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations,
and codes of the CITY in existence on or adopted after the expiration of said five(5)year period.
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the development and/or construction of any
improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or
modified to impose less restrictive requirements on development or construction upon properties
situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall
10
inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained
herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or
construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or
modification applicable generally to all properties within the CITY.
Notwithstanding the provisions of this Agreement, all national amendments, deletions, or
additions to the building codes of the CITY pertaining to lifeAafety considerations adopted after
the date of this Agreement which affects all land within the CITY, shall be applicable to the
SUBJECT PROPERTY upon the expiration of the twelfth. (IP) month following the effective
date of such amendments, deletion, or addition, whether during the five (5) years next following
the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and
DEVELOPER a six (b)month grace period from the date they are notified of any changes to the
building codes in order to comply with the new regulations.
B. The CITY shall act upon each application for a building permit for which
OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within
fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar
days of receipt of the last of the documents and information required to support such application,
whichever is later, provided the applicable improvements for which the building permit applies
will be constructed and installed in accordance with the approved final plat and approved final
engineering for the development within the SUBJECT PROPERTY. If the application is
disapproved, the CITY shall provide the applicant with a statement in writing specifying the
reasons for denial of the application including a specification of the requirements of law that the
applicant and supporting documents fail to meet. The CITY agrees to issue such building
11
13
permits upon the compliance with those legal and documentary requirements so specified by the
CITY.
C. Subject to any other necessary governmental regulatory approval, the CITY shall
permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install
temporary waste water holding tanks and;emporary water facilities to serve sales offices or
similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY
provided that each such temporary tank and temporary water facility shall be removed and
disconnected within ten (10) days after said structures shall be connected to the sewer or other
permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER's sole
cost, subject to force majeure. The use of such temporary facilities shall be subject to all health
and safety codes of the CITY and MY shall inspect such facilities on a periodic basis.
D. Subject to the provisions of Section 1 l hereof, no permit fees, plan review fees or
inspection fees which are not generally and uniformly applicable throughout the CITY shall be
imposed by the CITY against the SUBJECT PROPERTY.
9. FUTURE FINAL PLATS AND FINAL ENGWEERING, The CITY shall act
upon any final plat and final engineering submitted to it for approval within a reasonable time of
its receipt of such final plat, final engineering and all necessary supporting documentation and
information. The plat review and consideration by the CITY shall not exceed the limitations set
out in 65 ILCS 5111-12-8 (2002).
10. FEES AND CHARGES.
A. During the first five (5) years following the date of this Agreement, the CITY
shall impose-upon and collect from the OWNERS and/or DEVELOPER, and their respective
contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and
12
in such amount or at such rate, as are in effect on the date of this Agreement and as are generally
applied throughout the CITY, except as otherwise expressly provided for in this agreement on
the Fee Schedule attached hereto and made a part hereof as Exhibit"F'. At the expiration of this
five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace
period from the date they are notified of any changes to the permit, license, tap on and
connection fees and charges in order to comply with the new regulations.
B. To the extent that any fees charged by the CITY or other governmental agency by
reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this
Agreement, such fees may be prepaid as follows:
(i) If the CITY increases any fees that are not prohibited from being increased by the
terms of this Agreement and are applicable to the SUBJECT PROPERTY, the
CITY will provide OWNERS and DEVELOPER with notice thereof and
OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as
they existed prior to such increase at any time within thirty(3 0) days after receipt
of the notice of the increase of the fees from the CITY.
(ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only
certain fees applicable to their respective parcels within the SUBJECT
PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of
particular fee will prevent the increase in such fee from being applicable to that
portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees
charged on a per residential unit basis,DEVELOPER may estimate the number of
residential units and pay such fees based on such estimated number of units or
may prepay for only a certain number (determined by DEVELOPER) of units.
13
15
Once the calculation is made, no refund of any portion of any prepayment made
will be allowed,
C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of
the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any
part of the SUBJECT PROPERTY to any special service area or special assessment district that
will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY,
other than charges to existing drainage districts of record,if any.
11. CONTRIBUTIONS. The CITY shall not require the OWNERS and
DEVELOPER to donate any land or money to the CITY, or any other governmental body,
except as otherwise expressly provided in this Agreement.
12. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for
making the contributions outlined in Exhibit "IT' and Exhibit "I" to the Yorkville Community
School District #115 {"School District'), the City of Yorkville Park Department ("Park
Department") and the CITY for the estimated impact and donation that is projected to be
experienced by said entities as a result of the development of the Residential Parcel in the
manner provided for under this Agreement. There shall be no other school and park
contributions required.
13. PROJECT SIGNS. Following the date of this Agreement and through the date
of the issuance of the final occupancy permit, DEVELOPER shall be entitled to construct,
maintain and utilize offsite subdivision identification, marketing and location signs at not more
than two (2) locations at any time within the corporate limits of the CITY as DEVELOPER may
designate (individually an "Offeite Sign" and collectively the "Offsite Signs") subject to sign
permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-
14
1L
way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and
appropriate legal rights for the construction and use of each of the Offsite Signs, Each Offsite
Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs,
DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in
Exhibit"G" attached hereto and shall be pepnitted as a permanent sign at the entry of residential
neighborhood.
14. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS.
During the development and build out period (subsequent to final plat approval), OWNERS and
DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may
authorize, may construct, operate and maintain model homes and sales trailers staffed with
OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff,
and may be utilized for sales offices for Blackberry Woods. The number of such model homes
and sales trailers and the locations thereof shall be as from time to time determined or authorized
by DEVELOPER.
Off-street parking shall be required for model homes when more than five (5) model
homes are constructed on consecutive lots in a model home row. Three(3) off-street spaces will
be required for each model home in a model home row, with combined required parking not to
exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and
walks will be submitted for review and approval by the CITY.
No off-street parking shall be required for individual model homes or sales trailers that
are not part of a model home row other than the driveway for such model home/sales trailer
capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for
model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY
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upon proper application thereof prior to the installation of public improvements (provided a
gravel access road is provided for emergency vehicles and upon submission of a temporary hold
harmless letter to the CITY and the Bristol-Kendall Fire Protection District.) A final inspection
shall be conducted prior to the use of a model home and water service shall be made available
within 300' of the model home. There shall be no occupation or use of any model homes or
production dwelling units until the binder course of asphalt is on the street, and no occupation or
use of any production dwelling units until the water system and sanitary sewer system needed to
service such dwelling unit are installed and operational or until temporary service is available,
whichever is earlier. Use of models as a model unit only shall not be deemed to be"occupancy"
thereof and may be made prior to connection to a sanitary sewer or water system, so long as
temporary waste water holding tanks and temporary water facilities are installed to serve them.
DEVELOPER may locate temporary sales and construction trailers during the
development and build out of said properly, provided any such sales trailer shall be removed
within two (2) weeks following issuance of building permits for all units. A building permit will
be required by the CITY for any trailer that will be utilized as office space. Prior to construction
of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with
landscaping and elevations for the CITY's approval.
DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the
Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and
expenses incurred by or brought against all or any of the Indemnities as a direct and proximate
result of the construction of any model homes or production dwelling units prior to the
installation of the public street and water improvements required to service such dwelling unit
and shall execute and deliver to the CITY a hold harmless and indemnification agreement in
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form and content reasonably satisfactory to the CITY, so providing, prior to the commencement
of construction of any model homes. DEVELOPER shall be permitted to obtain building
permits in the same manner for additional model homes and for initial production dwelling units
as the Final Plat and Final Engineering is approved by the CITY.
15. CONTRACTORS' TRAIL RS. The CITY agrees that from and after the date
of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNERS and DEVELOPER for development purposes. Said trailers shall be removed
respectively, within thirty (30) days after issuance of the last occupancy permit for each such
parcel, subject to force majcure. A building permit will be required by the CITY for any trailer
that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in
good working order and the area will be kept clean and free of debris. No contractor's trailers or
supply trailers will be located within dedicated right-of-way.
16. CERTIFICATES OF OCCUPANCY.
A. The CITY shall issue certificates of occupancy for buildings and dwelling units
constructed on the SUBJECT PROPERTY within five(5) working days after proper application
therefor or within five (5) working days after the receipt of the last of the documents or
information required to support such application, whichever is later. If the application is
disapproved, the CITY shall provide the applicant within five (5) working days after receipt of
the application and all documentation or information required to support such application, with a
statement in writing of the reasons for denial of the application including specification of the
requirements of law which the application and supporting documents fail to meet. The CITY
agrees to issue such certificates of occupancy upon the applicant's compliance with those
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requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services
Of such consultants and/or hire such employees as may be necessary to ensure that the CITY is
able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the
obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services
rendered in connection with the issuance gf certificates of occupancy under applicable CITY
ordinances.
B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the
CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading
improvements have not been completely finished due to adverse weather conditions subject to
the following understanding: if a certificate of occupancy is issued for such a building or
dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading
improvements for such building or dwelling unit as soon as weather permits but in any event by
the following summer, the CITY shall have the right to withhold the issuance of further building
permits to such party until such exterior work has been completed; Notwithstanding the
foregoing, if the provision above applies but if the party that failed to complete the driveway
and/or sidewalk paving,or grading improvements posts Security with the CITY in the amount of
one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER
and approved by the CITY to be needed to complete such improvements or to effect such
corrections, the CITY shall not withhold the issuance of such building permits or certificates of
occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility
company to energize street lights installed by OWNERS and/or DEVELOPER on the SUBJECT
PROPERTY constitute a basis for the CITY denying the issuance of building permits or a
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certificate of occupancy for buildings and dwelling units constructed or to be constructed within
the SUBJECT PROPERTY,
17. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5111-12-8 of the Illinois Compiled Statutes (2002) ed., 4
shall the CITY require that any part of tl e SUBJECT PROPERTY be dedicated for public
purposes, except as otherwise provided in this Agreement or identified on the Concept PUD
Plan.
18. COMMENCEMENT OF EffROVEMENTS.
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A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of construction of utility improvements on the SUBJECT PROPERTY or any
Parcel thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval
of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements
provided: (1) such construction is undertaken at the risk of the party seeking to undertake such
work; (2) approved engineering plans for such improvements have been approved by the CITY
that are sufficient in detail for the CITY to determine the nature and scope of the improvements
being constructed; (3) the preliminary subdivision plat upon which the improvements are being
constructed has been approved by the CITY; (4)the IEPA and the sanitary district that will serve
the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of
sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute
IEPA sewer and water permit applications separate and apart from the review of final
engineering plans so that the IEPA will be in a position to issue such permits prior to CITY
approval of final engineering plans; and (5) the construction complies with the CITY'S then
existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against
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any claims, actions or losses the CITY may suffer, sustain or incur because another
governmental agency takes action against the CITY after OWNERS and/or DEVELOPER
undertake development activities on either of their respective parcels pursuant to the provisions
of this Subsection 23(B),
B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of mass earthwork and grading on their respective parcels of the SUBJECT
PROPERTY or any Parcel thereof prior to acceptance of a final plat of subdivision and final
engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass
grading and erosion control plans to the CITY at least thirty (30) days prior to the
commencement of such mass earthwork and grading and complies with the erosion control
ordinance of the CITY.
C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of construction and installation of building foundations prior to acceptance of a
final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have
provided for all-weather access to such Lots on which building foundations are being constructed
and installed, in the form of aggregate driveways. Any such installation of foundations prior to
acceptance of a final plat of subdivision and final engineering by the CITY shall be at
DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section
shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the
SUBJECT PROPERTY then under review.
D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof
may continue to be used for agricultural and nursery uses as interim uses until the relevant
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portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal,
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non-conforming uses of the SUBJECT PROPERTY.
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19. COVENANTS. In addition to any architectural control ordinances adopted by e
the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to
fartade materials, accessory structures and other building restrictions at the time of final plat
submittal for each unit.
DEVELOPER shall include provisions in the covenants to provide that the Homeowners
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Association shall be responsible for the maintenance of landscaping within the perimeter
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landscaping easements, signage provided, and other obligations as determined at the time of final
platting and as referenced in this Agreement.
20. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE
AREA MSSAI.
A. Homeowners Association. DEVELOPER shall establish through a declaration of
covenants, conditions and restrictions, two Homeowners Associations ("R-2 Association") and
CR4 Assoclation") of all lot owners and a mandatory membership of all lot owners in each
Association,one association for the R-2 lots and one association for the R4 lots.
The R-2 Association shall have the primary responsibility and duty to carry out and pay
for the maintenance of Common Facilities (defined below)through assessments levied against all
dwelling units. A maintenance easement shall be established over all of the Common Facilities
located on the final plat for the Association that undertakes responsibility for the Common
Facilities Maintenance. The Association will be responsible for the regular care, maintenance,
renewal and replacement of the Common Facilities including stormwater detention, areas and
other open spaces. The maintenance described herein shall include, without limitation, the
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mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and
replacement of diseased or dead landscape materials, and the repair and replacement of fences
and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall
otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance.
The R-4 Association shall have the Primary responsibility and duty to carry out and pay
for the maintenance of the Common Facilities and all of the yards of the lots in the R-4
Association through assessments levied against all dwelling units. Fences shall not be allowed in
any of the yards in the R-4 lots (except to enclose or protect a porch or deck area.) . A
maintenance easement shall be established over all of the Common Facilities located on the final
plat for the Association that undertakes responsibility for the Common Facilities Maintenance.
The maintenance described herein shall include, without limitation,the mowing and fertilizing of
grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead
landscape materials, and the repair and replacement of fences and monument signs, so as to keep
the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's
Property Maintenance Standards and Landscape Ordinance,
The R-4 Homeowner's Association shall be responsible for the maintenance of all of the
yard areas of the R-4 lots. The Declaration of covenants and restrictions shall include a
paragraph that requires the R-4 Homeowner's Association to maintain all of the yard areas of the
R-4 lots.
B. Dormant Special Service Area DEVELOPER agrees to the CITY enacting at the
time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the
event that the Homeowner's Association fails to maintain the private common areas, detention
ponds, perimeter landscaping features, and entrance signage.
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21. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the
development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any
existing utility easements and/or underground lines require relocation to facilitate the completion
of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with
the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in
causing the vacation and relocation of such existing easements and/or utilities,however, all costs
incurred in furtherance thereof shall be bonne by the OWNERS and DEVELOPER If any
easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is
subsequently determined to be in error or located in a manner inconsistent with the intended
development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this
Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and
relocating such easement and utility facilities located therein, which costs shall be borne by
OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a
condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the
cost of design and relocation of any such easement and the public utilities located on their
respective parcels unless the relocation involves overhead utilities.
22. DISCONNECTION. OWNERS and DEVELOPER shall devclop the SUBJECT
PROPERTY as a development to be commonly known as Blackberry Woods in accordance with
the final plat and final engineering approved by the CITY in accordance with the terms hereof,
and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect
any portion or all of said property from the CITY or from any service provided by the CITY.
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23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
24. CITY ASSISTANCE, The CITY agrees to cooperate and provide any
reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining
any and all approvals or permits necessary for the development of the SUBJECT PROPERTY,
including, but not limited to those required from the Illinois Environmental Protection Agency,
the Army Corps of Engineers, the Federal Emergency Management Agency, the United States
Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol
Township, the United City of Yorkville Park Board and Yorkville Community Unit School
District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or
DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district,
the County of Kendall and all other governmental units in connection with the contemplated
development of the SUBJECT PROPERTY.
25. ADDRESSES. Within fourteen (14) days after the final plat of subdivision is
approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of
expediting the process of obtaining utility installations by the applicable utility company or
companies.
26. SUBSE UENI' AM—INDMENTS. It is understood and agreed that subsequent
amendments of this Agreement, may be obtained solely by the owner of any portion of the
SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the
owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the
rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not
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23. CO CT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any
reasonable assistance requested by OWNE�S and DEVELOPER in applying for and obtaining
any and all approvals or permits necessary for the development of the SUBJECT PROPERTY,
including, but not limited to those required from the Illinois Environmental Protection Agency,
the Army Corps of Engineers, the Federal Emergency Management Agency, the United States
Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol
Township, the United City of Yorkville Park Board and Yorkville Community Unit School
District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or
DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district,
the County of Kendall and all other govemmental units in connection with the contemplated
development of the SUBJECT PROPERTY.
25. ADDRESSES. Within fourteen (14) days after the final plat of subdivision is
approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of
expediting the process of obtaining utility installations by the applicable utility company or
companies.
26. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent
amendments of this Agreement, may be obtained solely by the owner of any portion of the
SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the
owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the
rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not
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included in the aforedescribed amendments without any action or approval of the owners of other
portions of the SUBJECT PROPERTY, Rezoning or an amendment of the PUD may be applied
for and processed by the CITY without requiring an amendment of this Agreement.
27. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of
the property acknowledges that Kendall County has a long, rich tradition in agriculture and
respects the role that farming continues to play in shaping the economic viability of the county
(zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional
smells, dust,sights, noise and unique hours of operation that are not typical in other zoning areas.
The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm"
language on the Final Plat of Subdivision and incorporate similar language within such other
documents governing the subdivision if any property adjacent thereto is used or operated as a
farm,
28. RESPONSIBII,rMS OF OWNER AND DEVELOPER. The OWNERS shall
not be required to perform any of the obligations under this Agreement so long as OWNERS are
passive tilde holders in the SUBJECT PROPERTY and do not act as a developer. Upon the
transfer of OWNER's rights, title or interest or any portion thereof to DEVELOPER, the
covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be
performed by DEVELOPER. Until such time as any portion is transferred to DEVELOPER the
obligations hereunder as to such portion shall not be required to be performed by DEVELOPER
as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from
any personal liability or obligation to perform the commitments and obligations set forth herein
for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will
look solely to the party who develops for such performance.
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29. GENERAL PROVISIONS.
A. Enforcernent. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties or their successors or assigns by an appropriate action at
law or in equity to secure the performance of the covenants and agreements contained herein,
including the specific performance of this Agreement, This Agreement shall be governed by the
laws of the State of Illinois.
B. Successors and Assisns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon
the CITY, and any successor municipalities of the CITY. It is understood and agreed that this
Agreement shall run with the land and as such, shall be assignable to and binding upon each and
every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the
CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS
and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of
a empty lot or a lot improved with a dwelling unit who acquires the same for residential
occupation,unless otherwise expressly agreed in writing by such purchaser.
C. All Terms and Conditions Contained Herein. This Agreement contains all the
terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding
the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge
and agree that the terms and conditions of this Agreement, including the payment of any fees,
have been reached through a process of good faith negotiation, both by principals and through
counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable,
acceptable and contractually binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in writing and shall be
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deemed effectively given on the date of confirmed telefacsimile transmission, on the date
delivered personally or on the second business day following the date sent by certified or
registered mail,return receipt requested,postage prepaid, addressed as follows:
(1) If to OWNERS: Blackberry Woods, LLC
P.O.Box 307
Wheaton,Illinois 60189
Fax: (630) 553-3024
with copies to: Law Offices of Dallas C. Ingemunson,P.C.
226 S.Bridge Street
Yorkville, Illinois 60560 '
Attention: Gregg Ingernunsou
Fax: (630) 553-7958
(I1) If to DEVELOPER: McCue Builders, Inc.
P.O.Box 354
Bristol,Illinois 60512
Attention: Bill McCue
Fax: (630)553-1250
with a copy to: Law Offices of Dallas C. Ingemunson,P.C.
226 S.Bridge Street
Yorkville,Illinois 60560
Attention: Gregg ingemunson
Fax: (630)553-7958
(III) If to CITY: United City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville,IL 60560
Fax: (630) 553-7575
or to•such other persons and/or addresses as any party may from time to time
designate in a written notice to the other parties.
E. Severability. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5111-15.1-1, et seq., Illinois Compiled (2002 ed). In the event any part
or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is
held to be invalid by any court of competent.jurisdiction, said part, portion, clause, word or
27
designation of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not effect such portion or portions of this Agreement as remain. In
addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required
to fulfill the intent of this Agreement as to the use and development of the SUBJECT
PROPERTY.
F. A eament. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to applicable
provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by
the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions
applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT
PROPERTY not effected by such Agreement.
G. Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the
SUBJECT PROPERTY,whether improved or unimproved.
H. Necessga Ordinignm and Resoluti ns. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or
assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this
Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to
authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects
which may arise after the execution of this Agreement.
I. Term of AUeeme_t t. The term of this Agreement shall be twenty(20) years from
the date of execution of this Agreement. In the event construction is commenced within said
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twenty-year period all of the terms of this Agreement shall remain enforceable despite said time
limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
J. Qgptions and ParaUWh Headin . The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or provision of this
Agreement.
K. Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at DEVELOPER' s expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and shall constitute
substantive provisions of this Agreement.
M. Counterparts. This Agreement 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.
N. No Moratorium. The CITY shall not limit the nurnbcr of building or other
permits that may be applied for due to any CITY imposed moratorium and shall in no event
unreasonably withhold approval of said permits or approval for the final plat of the subdivision.
Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main
extensions by the Illinois Environmental Protection Agency, Yorkville-Bristol Sanitary District,
or any other governmental agency that preempts the authority of the United City of Yorkville.
O. Time is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants contained in this
Agreement shall be performed in a timely manner by all parties hereto.
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P. Legal Challenges. If for any reason and at any time, the annexation of the
SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at
law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the
vigorous defense of such action through all proceedings, including any appeals; and (ii) take
such other actions as may then or thereafteF be possible pursuant to the Mincis Municipal Code
to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation
of the SUBJECT PROPERTY to the CITY can be sustained and/or effected.
Q. Major and Minor Modifications. Any modification to any approved preliminary
or final plats of subdivision and engineering plans, which are deemed to be minor modifications,
may be approved by the CITY Administrator (following review and approval by the CITY
Engineer) without requiring a public hearing and without formal amendment to the Planned
Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications
necessary to solve engineering, layout and/or design problems shall be deemed to be minor
modifications so long as such modifications do not change the essential character of the
preliminary or final plats of subdivision or engineering plans or increase the total number of
dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final
plat of subdivision or engineering plan, which if determined by the CITY to be major
modifications, shall require review by the CITY's Planning Commission and approval by the
CITY Council. In no event shall such major modification require an amendment to this
AGREEMENT.
R. Exculpation, It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required or imposed by
any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY,
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the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or
federal regulatory bodies.
S. Effectiveness, This Agreement shall be subject to and shall take effect after the
consummation of the transaction between OWNERS and DEVELOPER for the sale of any
portion by OWNERS to DEVELOPER.
ISIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNERS: CITY:
MCCUE BUILDS, INC.
By: _ C/
Name: ''��i'�� ��. M L K�
Its: Oe' I'd"-'4
UNITED CITY OF YORKVILLE
An Illinois Municipal Corporation
By:
Title: Mayor
Attest: G1L.'��, ',K.,•rr . �.; Y � .
Title: City Clerk
4.V"AA
DEVELOPER: r :
McCue Builders, Inc.
By: � //&'
Name: i c' '-, G' CL',t-
Its:
LIST OF EXHIBITS
EXHIBIT"A": Legal Description and Plat of Annexation of SUBJECT PROPERTY
EXHIBIT"B": Legal Description For Area Zoned R-2 and R-4 PUD
EXHIBIT"C": Preliminary PUD Plan
EXHIBIT"D": Preliminary Landscape Plan
EXHIBIT"E": List of Variations
EXHIBIT"F": Fee Schedule
EXHIBIT"G": Signage
EXHIBIT"H": School Contribution
EXHIBIT"I": Park Contribution
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EXHIBIT"A"
LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY
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Fhb .10 06 01:56p 630-551-4950 P,1
•.�• vi. .. .v.of JJ.A VJV .r.+., VY-J: \•;SJYI_I\ 17:1]\R I Una
ti I1•I.0 }UUL
F } '
EXHIBIT'A'
PARCEL 1 DESCRIPTION:
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76-5256;THENCE
NORTH 01 OEGREES 10 MINUTES 20 SECONDS WEST(BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY), 2148,14 FEET ALONG THE EAST LINE OF CONOVER'S
PROPERTY PER ALTAIACSM LAND TITLE SURVEY PREPARED BY RB&ASSOCIATIE?S
DATED 11-3-05(1}WG#:2005-12660.002D)TO THE POINT OF BEGINNING;THENCE
CONTINUING NORTHERLY,$02.04 FEET ALONG THE LAST DESCRIBED COURSE TO A 314
INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RB&
ASSOCIATES PER THE AFOREMENTIONED SURVEY;THENCE NORTH-01 DEGREES 18
MINUTES 22 SECONDS WEST,739.40 FEET ALONG SAID EAST LINE TO A FENCE NOW
MONUMENTING THESOUTH LINE OF PROPERTY ONCE OWNED BYT.SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 394707);THENCE NORTH 88 DEGREES 29 MINUTES 62 SECONDS EAST,
2086.92 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON
RIDGE SUBDIVISION AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENCE LINE;
THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST.624.27 FEET ALONG SAID
FENCE LINE;THENCE SOUTH OS DEGREES 50 MINUTES 26 SECONDS WEST,170.51 FEET
ALONG SAID FENCE LINE;THENCE SOUTH 14 DEGREES 66 MINUTES 13 SECONDS
WEST,427.66 FEET ALONG SAID FENCE LINE,THENCE SOUTH 20 DEGREES 12 MINUTES
46 SECO NOS WEST,102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE
EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION;THENCE SOUTH 86
DEGREES 04 MINUTES 25 SECONDS EAST,88.32 FEET ALONG SAID EXTENDED SOUTH _
LANE TO THE CEN'T'ER LINE OF BLACKBERRY CREEK;THENCE SOUTH 80 DEGREES 04
MWUTES 31 SECONDS WEST,48-0D FEET"ALONG SAID CENTER LINE;THENCE SOUTH D9
DEGREES 24 MINUTES 52 SECONDS WEST,15.30 PEET ALONG SAID CENTER LINE:
THENCE SOUTH 88 DEGREES 46 MINUTES 41 SECONDS WEST,2084.73 FEET TO THE
POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS.
PARCEL 2 DESCRIPTION:
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 31 NORTH,RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76.6255;THENCE
NORTH 01 DEGREES 14 MINUTES 16 SECONDS WEST(BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES OKLY),3389:67 FEET ALONG THE WEST LINE OF THE SAID
SECTION PER PLAT OF SURVEY PREPARED BY JAMES M.OLSON ASSOCIATES.LTD"
DATED&40.06(NO.5512-A)TO THE POINT OF BEGINNING AT THE FENCE NOW
MONUME14TING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T.SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 896707);THENCE NORTH 08 DEGREES 29 MINUTES 52 SECONDS EAST.2.19
FEET ALONG SAID SOLFTH LINE TO THE EAST LINE CONOVER'S PROPERTY PER
ALTAJACSM LAND TITLE SURVEY PREPARED BY RE&ASSOCIATES DATED 114-05
(DWG#:2W65-12650-002D) ;THENCE SOUTH 01 DEGREES 10 MINUTES 22 SECONDS
EAST,789AG FEET ALONGSAID EAST LINE TO A 314 INCH IRON PIPE AT AN ANGLE
POINT IN SAID EAST LINE AS ESTABLISHED BY RD &ASSOCIATES PER THE
AFOREMENTIONED SURREY;THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS
EAST,602.04 FEET ALONG SAID EAST LINE TO A POINT THAT IS 2948.14 FEET
NORTHERLY(AS MEASURED ALONG SAID EAST LINI±)OF THE SOUTHWF ST CORNER OF
SECTION 29.AFORESAID-,THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST,
2.46 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY.
ILLINOIS,
FEE-9-2DOE1 THUI 03:59PN ID:I!C CUE BUILDER, I14C. PAGE:B
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1
EXHTSIT "B"
LEGAL DESCRIPTION FOR AREA ZONED R-2 and R4 PUD
R-2 ZONING PARCEL
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST(IORNER OF SAID SECTION 29;THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE
SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER;THENCE NORTH 88
DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID FENCE LINE, 1040.11 FEET
FOR A POINT OF BEGINNING;THENCE NORTH 88 DEGREES 29 MINUTES 52
SECONDS EAST, 1019.00 FEET;THENCE,SOUTH 12 DEGREES 48 MINUTES 42 1
SECONDS EAST, 521.27 FEET;THENCE SOUTH 05 DEGREES 50 MINUTES 25
SECONDS WEST, 170.51 FEET;THENCE SOUTH 14 DEGREES 56 MINUTES 13
SECONDS WEST, 427.66 FEET;THENCE SOUTH 20 DEGREES 12 MINUTES 46
SECONDS WEST, 102.40 FEET TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4
IN CONOVER'S THIRD SUBDIVISION;THENCE SOUTH 86 DEGREES 04 MINUTES 25
SECONDS EAST,ALONG SAID EXTENDED SOUTH LINE, 99.32 FEET TO THE
CENTERLINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES
31 SECONDS WEST ALONG SAID CENTERLINE,48.00 FEET;THENCE SOUTH 09
DEGREES 24 NIINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, 15.30 FEET;
THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 1982.59 FEET;
THENCE NORTH 29 DEGREES 14 MINUTES 19 SECONDS EAST,219.59 FEET;THENCE
NORTH 41 DEGREES 48 MINUTES 59 SECONDS EAST,44.63 FEET TO A POINT ON A
CURVE;THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING
SOUTH 69 DEGREES 42 MINUTES 40 SECONDS EAST AND RADIUS OF 200.00 FEET,
150.29 FEET;THENCE NORTH 88 DEGREES 45 NUNUTES 41 SECONDS EAST, 370.71
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING
SOUTH 81 DEGREES 52 MINUTES 48 SECONDS EAST AND RADIUS OF 400.00 FEET,
130.67 FEET;THENCE SOUTH 72 DEGREES 31 MINUTES 17 SECONDS EAST, 52.67
FEET TO A POINT ON A CURVE;THENCE ALONG A CURVE TO THE RIGHT HAVING
A CHORD BEARING NORTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND
RADIUS OF 300.00 FEET, 179.41 FEET; THENCE NORTH 51 DEGREES 44 MINUTES 34
SECONDS EAST,272.15 FEET;THENCE NORTH 38 DEGREES 15 MINUTES 26
SECONDS WEST,517.31 FEET;THENCE NORTH 36 DEGREES 03 MINUTES 53
SECONDS EAST, 176.55 FEET TO A POINT ON A CURVE,THENCE ALONG A CURVE
TO THE LEFT HAVING A CHORD BEARING NORTH 60 DEGREES 45 M24TJ F.S 38
SECONDS WEST AND HAVING A RADIUS OF 350.00 FEET, 83.39 FEET;THENCE
NORTH 22 DEGREES 24 MINUTES 51 SECONDS EAST 233.06 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND
CONTAR41NG 34.05 ACRES.
35
-1 fi
EXHIBIT"B"
LEGAL DESCRIPTION FOR AREA ZONED R-2 and R4 PUD
(continued)
R-4 ZONING PARCEL
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST 6ORNER OF SAID SECTION 29;THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE
SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER;FOR A POINT OF
BEGINNING;THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG
SAID FENCE LINE, 1040.11 FEET;THENCE SOUTH 22 DEGREES 24 MINUTES 51
SECONDS WEST, 233.06 FEET TO A POINT ON A CURVE,THENCE ALONG A CURVE
TO THE RIGHT HAVING A CHORD BEARING SOUTH 60 DEGREES 45 MINUTES 38
SECONDS EAST AND 350.00 FOOT RADIUS, 83.39 FEET;THENCE SOUTH 36
DEGREES 03 MINUTES 53 SECONDS WEST, 176.55 FEET; THENCE SOUTH 38
DEGREES 15 MINUTES 26 SECONDS EAST, 517.31 FEET;THENCE SOUTH 51
DEGREES 44 MINUTES 34 SECONDS WEST,272.15 FEET TO A POINT OF
CURVATURE;THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING
SOUTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND 300.00 FOOT RADIUS,
179.41 FEET,THENCE NORTH 72 DEGREES 31 MINUTES 17 SECONDS WEST, 52.67
FEET TO A POINT OF CURVATURE,THENCE ALONG A CURVE TO THE LEFT
HAVING A CHORD BEARING NORTH 81 DEGREES 52 MINUTES 48 SECONDS WEST
AND 400.00 FOOT RADIUS, 130.67 FEET;THENCE SOUTH 88 DEGREES 45 MINUTES
41 SECONDS WEST, 370.71 FEET TO A POINT OF CURVATURE;THENCE ALONG A
CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 42
MINUTES 40 SECONDS WEST AND 200.00 FOOT RADIUS, 150.29 FEET; THENCE
SOUTH 41 DEGREES 48 MINUTES 59 SECONDS WEST,44.63 FEET;THENCE SOUTH 29
DEGREES 14 MINUTES 19 SECONDS WEST,219.59 FEET;THENCE SOUTH 88
DEGREES,45 MINUTES 41 SECONDS WEST, 74.62 FEET;THENCE NORTH 01
DEGREES 14 MINUTES 18 SECONDS WEST, 1241.43 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS AND
CONTAINING 25.95 ACRES.
36
EXHIBIT 440"
PRELIMINARY PUD PLAN
37
{
r S 1
R6YT 1 OF 1
_, LOOOOATtOX PLANNED UNIT DEVELOPMENT PLAT a
_ FOR .�
BLACKBERRY FOODS SUBDIVISION
RLT"•°
1,.�YL LE, ILLINOISYORK
LOCATION MAP
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�' J �r�.'� - - �'si f-`["� �,1 pr:•r.=.� yin rrW ,{ c� „+� l ���.
Mi cuE l3viLOERS. INC:
9RIST91-, ILLINOIS fi0512
� ,,• ��/�� PH 830-551-4845
FAX b30-553-1250
CEMCON. Ltd.
I � �y, !�r! r J. . r :•.,1' ,r r i• . r/r;• . r �'' �,��•• j zzs�-. w�cwofwM�:lorr�°«.A.nw ILA w:-x,w
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fi
EXAI 3IT"D"
R�
t
PRELIMINARY LANDSCAPE PLAN
38
ORKQCNrAL
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BLACK-13tRRY WOODS CEMCON, Ltd.
m,:c
SITE PLAN
YORKV=,ILLINOIS
�T13�= ISM=
EXHIBIT"E"
LIST OF VARIATIONS
1. Lot sizes in the R4 District may be less than the 9,000 square feet minimum, but
shall be at least 8,160 square feet.
2. Lot widths in the R-4 District may be less than the 70 feet minimum, but shall be
at least 65 feet,
3. Side yards in the R-4 District may be less than the 10 feet minimum, but shall be
at least 7 feet.
4. Rear yards in the R-4 District may be less than the 30 feet nunimutn, but shall be
at least 25 feet.
5. Side yards in the R-2 District may be less than the 10 feet minimum,but shall be
at least 9 feet.
6. Block length of North Carly Circle may be more than the 1320 feet maximum,
and shall be approximately 1,600 feet.
7. Length between streets may be less than the minimum of 400 t and shall be at
least 300 feet.
39
i
EMMIT"F'
FEE SCHEDULE
40
�4
Blackberry Woods
FEES PER UNIT
A paid receipt from the School District Office, 602-A Center Parkway
Yorkville, must be presented to the City prior to issuance of permit $3,OD0
Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.D. $1,400
United City of Yorkville Fees
1. Building Permit
Cost$650 plus $0.20 per square foot $650+$0.20(SF)
2. Water Connection Fees SF and DU $2,660
2+ Bed Aft N/A
3. Water Meter Cost Detached Units $250
Attached Units N/A
4. City Sewer Connection Fees $2,000
5. Water and Sewer Inspection Fee $25
6. Public Walks/Driveway Inspection Fee $35
7. Development Fees
Public Works $700
Police $300
Building $130
Library $500
Parks $Recreation $50
Engineering $100
Bristol-Kendall Fire $1.000
Development Fees Total $2,800
see note
8. Land Cash Fees "a"below Apartment Townhome Duplex Single Family
Park N/A NIA NIA $56818
School NCI NIA NIA $4,780
Land-Cash Fees Total $0.00 $0.00 $0.00 $5,348.66
9. Road Contribution $2,000
10. Weather Warning Siren Fee see note"b~below $76/acre
Note: PUD agreement specifies that these fees are to be discounted
a. For upfront land-cash donations figures, please refer to"Land-Cash"worksheet
b. $75 x 60 — $4,500
W1
EX IBM T "G"
SIGNAGE
The attached renderings are illustrative of size and information. Specific design details may
change and are subject to approval.
41
41
PR jcAsT sl4N WITH b"
ETCHED LETTER5 FAINTED
BLACK.
ARCHITECTURAL
PRECAST
3'
VENEER 5 0ME -
TO BE SELECTED.
30 MONUMENT DETAIL
2' I 10 -I 4 ---�
REINFORCED CONCRETE FOUNDATION TO 4S' DSPTH J 0 1 2 4 6
DESIGN SY 5TRUCTURAL ENGINEER S-CALE: 1!2"=1*
-t"
i
i
I
EXHIBIT"H-9)
SCHOOL CONTRIBUTION
1. Developer shall contribute the following to Yorkville Community Unit School
District#115,pursuant to the City's Land/Cash Ordinance: six hundred thirty-one
thousand, twenty-four Dollars ($631,024.00)(the"Cash Contribution").
2, Said contribution shall be paid at the time of issuance of building permits in the
amount of $4,708.48 per dwelling unit in satisfaction of the United City of
Yorkville School District.
42
i
i
EXHIBIT"I"
PARK CONTRIBUTION
1. Developer shall contribute the following to the Parks and Recreation Department,
pursuant to the City's Land/Cash Ordinance; 4.32 acres consisting of those
certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the
"Land Contribution") and one hundred fifty thousand Dollars ($150,000.00)
(the"Cash Contribution").
,
2. Said contribution shall be paid 50% at the time of recording the final plat the
remaining 50% at the time of issuance of building permits in the amount of
$568.18 per dwelling unit in satisfaction of the Yorkville Patios and Recreation
Department.
43
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COUNTY OF KENDALL )
ORDINANCE NO.2007-
AN ORDINANCE AUTHORIZING THE EXRCLITION OIL THE AMENDMENT
TO ANNEXATION AGREEMENT AND PLANNED UNIT DL ELOPMFNP
AGREEMENT BETWEEN THE UNITED C[TY OF YORWMLE AND MCCUE
DUILDERS,INC,OWNERS OF RECORD
FOR THE BLACIMERRY WOODS SUDDIVISION
WSfEREAS,McCue Builders,Inc.is the DEVELOPER of certain real property
within the United City of Yorkville,Kendall County,Illinois commonly known.as
Blackberry Woods Slubdivision;and
WHEREAS, said property is the subject matter of a certain ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEM E2,1T BETWEEN
THE UNITED CITY OF YORKVILLE AND MCCUE BUILDERS,INC, and
WHEREAS,the OWNER has requested an amendment to the Annexation and
Planned Unit Development Agreement executed on July 12,2005 to provide for
amendments to Exin`bit'Ell of said agreement that amend the required front and rear yard
setback dimensions and lot coverage radio for certain lots within the R-4 Zoning
Classifiration of the said subdivision; and
WHEREAS,the OWNER has requested an amendment to the Annexation and
Planned Unit Development Agreement executed on July 12,2005 to provide for
amendments to section'2 Annexe on and Zonin 'of said agreement and create Exhibit
Page 1 of 3r
"l"to said agreement creating minimum architectural standards;and
WHEREAS,a Public Heating was held before the City Council of the United City
of Y'o*kville;and
WHEREAS, it is in the best ingest of the City that the Amendment to
Annexation Agreement and P1a=ed Unit Development Agrement be.approved;and
WHEREAS, a draft of said Amendment to Annexation Agreement and Planned
Utut Development Agreement has been considered by the City Council; and
WHEREAS,the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as requited hereunder,and
WHEREAS, the statutory procedures provided in 65 ILLS 5111-15.1-1, as
amended, for the execution of said First Amendment to Annexation and Planned Unit
Development Agreement have been folly complied with.
NOW THEREFORE, BE IT ORDAINED BY TIES MAYOR AND CITY
COUNCIL OF
THE UNffBD CITY OF YORMLLE, KENDALL COUNTY, ILLINOIS, AS
FOLLOWS:
SECTION 1:That the Mayor and City Clerk are herewith authorized and directed
to execute, on behalf of the City,the Amendment to Annexation Agreement and Planned
Unit Development Agreement.
SECTION 2: That this Ordinance shall be in full force and effect from and after
its passage and approval as provided by law.
Page 2 of 3
IN WITNESS WHEREOF,this Ordinance has been enacted this t% day of
2007 by the City Council of the United City of Yorkville.
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDE UCH MARTY MUNNS
ROSE ANN SPEARS JASON LESLIE
Approved by me,as Mayor of the United City of Yorkville,Kendall County,
Illinois,this _Day of'i::Z)Q A.D.2007.
MAYOR
Passed by the City Council of the United.City of Yorkville,Kmdall County,
Illinois this 1 day of o,�,..�1s-�, ,A.D.2007.
ATTEST:
CITY CLERK
Page 3 of 3
r
AMENDED ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT
AGREEMENT("Agreement'), is made and entered as of the jj!-day of December, 2007 by
and between MCCUE BUILDERS, INC, an Illinois Corporation (collectively, "OWNERS"),
MCCUE BUILDERS, INC, and Illinois corporation ("DEVELOPER") and the UNITED
CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of
the laws of the State of Illinois (hereinafter referred to as"CITY")by and through its Mayor and
Aldermen (Corporate Authorities"). OWNERS and DEVELOPER and the CITY are
sometimes hereinafter referred to individually as a"Party" and collectively as the"Parties".
REGTTALS r
A. OWNERS and DEVELOPER are the owners of record of certain parcels of real
estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A"
(hereinafter referred to as "SUBJECT PROPERTY").
B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the
CITY for the purposes of developing a residential planned unit development (PUD) known as
Blackberry Woods. The SUBJECT PROPERTY is currently contiguous with the existing
corporate limits of the CITY and is not within the boundary of any other city.
C. OWNERS and DEVELOPER desire to proceed with the development thereof for
residential use in accordance with the terms and provisions of this Agl Bement.
D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be
rezoned es a PUD under the R-2 and R-4 Single-Family Residence Districts provisions of the
City Zoning Ordinance ("Zoning Ordinance"} with a Special Use for said Planned Unit
Development, to be developed with detached single-family residences within the SUBJECT
PROPERTY consisting of approximately sixty (60) acres, legally described in Exhi
lit `B"
attached hereto (with both the R-2 and R4 portion being legally described), all as depicted on
the Preliminary PUD Plan attached hereto and incorporated herein as Fybibit
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CTI"Y upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning and conceptual site plan on May 11,
2005. City Council conducted the public hearing on the annexation agreement on June 14,2005.
2
F. The CITY and OWNERS and DEVELOPER have given all appropriate notices
due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City
Code.
G. The Corporate Authorities, after due and careful consideration, have concluded
that the Execution of the Annexation Agq=ent and Planned Unit Development Agreement
subject to the tenons and provisions of this Agreement, and the rezoning subdivision and
development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and
improvement of the CITY in that it will increase the taxable value of the real property within its
corporate limits, promote the sound planning and development of the CITY and will otherwise
enhance and promote the general welfare of the people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNERS and
DEVELOPER and the MY to annex and develop the SUBJECT
PROPERTY described in the attached Exhibit "A" as a Planned Unit
Development(PUD) establishing a unique character through the provision
of a mix of residential uses in conformance with the United City of
Yorkville Comprehensive Plan with open spaces totaling over
approximately 11.88 acres interspersed throughout the development and
through the provision of orderly flow of traffic within the development
and to adjoining real property.
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNERS and DEVELOPER to provide fbt
performance standards in the development of the SUBJECT PROPERTY.
3
(iii) Each party agrees that a substantial impact will be placed on the services
of the United City of Yorkville and other governmental agencies by
development of said real property.
(iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of
the CITY. t.
I. It is the desire of the CITY, the OWNERS and DEVELOPER that the
development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in
accordance with the terms and provisions of this Agreement, and be subject to the applicable
ordinances, codes and regulations of the CITY now in force and effect, except as otherwise
provided in this Agreement.
J. The OWNERS and DEVELOPER and their representatives have discussed the
proposed annexation and have had public hearings with the Plan Commission and the City
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided
NOW, THEREFORE,in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement and to
supplement the Petition for Zoning and Annexation and drawings submitted therewith, including
the Preliminary PUD Plan, attached hereto as FAbIll" " and agree that the annexation, zoning
and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following
terms and conditions and in consideration of the various agreements made between the parties:
1. LEGAL CONFORMANCE NMH LA . This Agreement is made pursuant to
and in accordance with the provisions of the CITY ordinances, as amended from
4
time to time,and applicable provisions of the Illinois Compiled Statutes and the
Illinois Constitution,
2. ANNEXATION AND ZONING. As soon as reasonably practicable following
the execution of this Agreement, the Corporate Authorities shall adopt such
ordinances as may be necessary and appropriate to annex and rezone the
SUBJECT PROPERTY under the R-2 and R-4 Single-Family Residence District
provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special
Use for a Planned Unit Development with 132 residences all as shown on the
Preliminary PUD Plan attached hereto as Exhibit "C", provided that interim use
of all or any portion of the SUBJECT PROPERTY as agricultural use shall be
permitted as legal non-conforming uses of the SUBJECT PROPERTY until such
portions are actually developed.
OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed
in accordance with the ordinances of the CITY, as approved or subsequently amended, unless
otherwise provided for herein, in accordance with the architectural standards as described by
Exhibit 'T' and agree to follow all of the policies and procedures of the CITY in connection
with such development except as modified in this Agreement and the Preliminary PUD Plan
(Exhibit
3. VARIATIONS FROM LOCAL CODES. The specific modification and
deviations from the CITY'S ordinances, rules, and codes as set forth in Exhibit
"E"attached hereto have been requested, approved and are permitted with respect
to the development, construction, and use of the SUBJECT PROPERTY
("Permitted Variations").
5
4. CITIES, EASEMENTS AND PUBLIC 134PROVEMENTS. OWNERS
and DEVELOPER agree that any extension and/or construction of the utilities and
public improvements shall be performed in accordance with existing CM
subdivision regulations as varied by this Agreement. Any on-site work and the
cost thereof shall be the responsibility of OWNERS and DEVELOPER within
their respective parcels. In the event the CITY cannot obtain the necessary o;ff-site
easements for the extension of the water mains, OWNERS and DEVELOPER
shall be allowed to extend water mains from other locations to their respective
parcels on the SUBJECT PROPERTY within existing easements or rights-of-way.
In addition, the CITY agrees that, at DEVELOPER's request, the CITY shall exercise
reasonable and best efforts to acquire off-site easements.
5, POTABLE WATER SUPPLY, SANITARY SEWS REC"TURE, AM
A. The CITY represents to OWNERS and DEVELOPER that the CITY owns
potable water, fire flow and water storage facilities and that such facilities will have sufficient
capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the
SUBJECT PROPERTY as developed pursuant to the terms of this Agreement,
B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and
cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer
treatment capacity from the Yorkville Bristol Sanitary District for use within their respective
parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally,
the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to
obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY
6
. 4
or, in the alternative, shall provide such means of delivery, subject,however, to the requirements
of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such
governmental approvals and permits, but in the event that its best efforts are not successful, the
CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary
sewer treatment capacity contemplated un4er this Subsection 5(B) arising from its inability to
obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of
sanitary sewer extensions to the SUBJECT PROPERTY.
C. The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor
DEVELOPER shall become liable to the CITY or any other party for recapture upon the
annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water
lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY,
provided,however, subj eet to the terms of this Agreement,DEVELOPER shall be responsible to
pay sewer and water connection fees.
6. SECURTY INSTRUMENTS.
A. Posting_Security. OWNERS and DEVELOPER shall deposit, or cause to be
deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms
prescribed by the ordinances of the CITY ("Security lnstrnments'� to guarantee completion
and maintenance of the public improvements to be constructed as a part of the development as
are required by applicable ordinances of the C17Y. The DEVELOPER shall have the sole
disavdon, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or
surety bond will be used as the security instruments. The amount and duration of each Security
Instrument shall be as required by applicable ordinances of the CITY, The City Council upon
recommendation by the City Engineer,may from time to time approve a reduction or reductions
in the Security Instruments by an amount not in excess of eighty-five percent(SS%) of the value
7
certified by the City Engineer of the completed work, so long as the balance remaining in the
Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete
the remaining public improvements for the Development.
B. AgMance of Underground Imurovements and Streets. Upon completion and
inspection of underground improvements, streets, and/or related improvements of Development,
and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and
DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security
Instrument, subject to a maintenance Security Instrument remaining in place for a one year
period from the date of acceptance by the CITY, in conformance with the City Subdivision
Control Ordinance.
The CITY shall exercise good faith and due diligence in accepting said public
improvements following OWNERS' and DEVELOPER's completion thereof for the
Development in compliance with the requirements of said ordinance, and shall adopt the
resolution accepting said public improvements not later than thirty (30) days following the
approval of the as-built plans.
C. T hw- hx and—bbaftgkon, Upon the sale or transfer of any portion of their
respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be
released from the obligations secured by its Security Instruments for public improvements upon
the submittal and acceptance by the CITY of a substitute Security Instrument approved by the
CITY, securing the costs of the improvements set forth therein.
7. AAffMMENTS TO ORDINANCES. All ordinances, regulations, and codes
of the CITY,including, without limitation those pertaining to subdivision controls,zoning, storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
8
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the
date of this Agreement Any amendments, repeal, or additional regulations, which are
subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT
PROPERTY except upon the written consept of OWNERS and DEVELOPER during said five
(5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace
period from the date they are notified of any changes to the ordinances,regulations, and codes of
the CITY in order to comply with the new regulations. After said five (5) year period, the
SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the expiration of said five (5) year period,
provided, however, that the application of any such ordinance,regulation or code shall not result
in a reduction in the number of residential building lots herein approved, alter or eliminate any of
the ordinance variations provided for hmvin, nor result in any subdivided lot or structure
constructed within the SUBJECT PROPERTY being classified as non-conforming under my
ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is
required to modify, amend or enact any ordinance or regulation and to apply the same to the
SUBJECT PROPERTY pursuant to the express and specific mandate of any superior
governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY
and be complied with by DEVELOPER, provided, however, that any so-called "grandfather"
provision contained in such superior governmental mandate which would serve to exempt or
delay implementation against the SUBJECT PROPERTY shall be given full force and effect,
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
9
any improvements, buildings, appurtenances, or any other development of any kind or character
upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based,
are amended or modified to impose less restrictive requirements on development or construction
upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive
requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the
contrary contained herein notwithstanding, the OVn4M and DEVELOPER may proceed with
development or construction upon the ,SUBJECT PROPERTY pursuant to the less restrictive
amendment or modification applicable generally to all properties within the CITY,
8, BUILD G COD •BUILDING MEMMM.
A. The building codes for the CITY in effect as of the date of this Agreement and the
dates of the latest revisions thereto as they presently exist, except as amended, varied, or
modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its
development for a period of five (5) years from the date of this Agreement. Any amendments,
repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be
applied to the development of the SUBJECT PROPER'T'Y except upon the written c ment of
OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period,
the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations,
and codes of the CITY in existence on or adopted after the expiration of said five (S)year period,
during the term, of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the development and/or construction of any
improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or
modified to impose less restrictive requirements on development or construction upon properties
situated within the CITY'S boundaries,then the benefit of such less restrictive requirements shall
10
inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained
herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or
construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or
modification applicable generally to all properties within the CITY.
Notwithstanding the provisions of this Agreement, all national amendments, deletions,or
additions to the building codes of the CITY pertaining to lifelsafety considerations adopted after
the date of this Agreement which affects all land within the CI'i"Y, shall be applicable to the
SUBJECT PROPERTY upon the expiration of the twelfth (12�h) month following the effective
date of such amendments, deletion, or addition, whether during the five(S) years next following
the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and
DEVELOPER a six(6)month grace period from the date they are notified of any changes to the
building codes in order to comply with the new regulations.
B. The CITY shall act upon each application for a building permit for which
OWNERS and/or DEVELOPER, or their duly authoxiW representatives, shall apply, within
fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar
days of receipt of the last of the documents and information required to support such,application,
whichever is later, provided the applicable improvements for which the building permit applies
wall.be constructed and installed in accordance with the approved final plat and approved final
engineering for the development within the SUBJECT PROPERTY, If the application is
disapproved, the C= shall provide the applicant with a statement in writing specifying the
reasons for denial of the application including a specification of the requirements of law that the
applicant and supporting documents fail to meet. The CITY agrees to issue such building
11
permits upon the compliance with those legal and documentary requirements so specified by the
CITY.
C. Subject to any other necessary governmental regulatory approval, the CITY shall
permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install
temporary waste water holding tanks and,temporary water facilities to serve sales offices or
similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY
provided that each such temporary tank and temporary water facility shall be removed and
disconnected within ten (I0) days after said structures shall be connected to the sewer or other
permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPMVs sole
cost, subject to force majeure, The use of such temporary facilities shall be subject to all health
and safety codes of the CITY and MY shall inspect such facilities on a periodic basis:
D. Subject to the provisions of Section I I hereof,no permit fees,plan review few or
inspection fees which are not generally and uniformly applicable throughout the CITY shall be
unposed by the CITY against the SUBJECT PROPERTY.
9. nM= MAL aLATA AND FINAL NGINEERIlYG. The CITY shall act
upon any final plat and final engineering submitted to it for approval within a reasonable time of
its receipt of such final plat, final engineering and all necessary supporting documentation and
information. The plat review and consideration by the CITY shall not exceed the limitations set
out in 65 ILCS 5/11-12-8 (2002).
10. EM AM CHARGES.
A. During the first five (5) years following the date of this Agreement, the CI'T'Y
shall impose upon and tolled from the OWNERS and/or DEVELOPER, and their respective
contractors and suppliers,only those permit, license,tap-on and connection fees and charges, and
12
in such amount or at such rate, as are in effect on the date of this Agreement and as are generally
applied throughout the CITY, except as otherwise expressly provided for iri this agreement on
the Fee Schedule attached hereto and made a part hereof as Exhibit"F". At the expiration of this
five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace
period from the date they are notified of any changes to the permit, license, tap on and
connection fees and charges in order to comply with the new regulations.
B. To the extent that any fees charged by the CITY or other governmental agency by
reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this
Agreement, such fees may be prepaid as follows-
(i) If the CITY increases any fees that are not prohibited from being increased by the
terms of this Agreement and are applicable to the SUBJECT PROPERTY, the
CITY will provide OWNERS and DEVELOPER with notice thereof and
OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as
they existed prior to such increase at any time within thirty(3 0) days after receipt
of the notice of the increase of the fees from the CITY.
(ii) OWNBR.S' and DEVELOPEW s right to prepay will apply to all fees or only
certain fees applicable to their respective parcels wikbin the SUBJECT
PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a
particular fee will prevent the increase in such fee from being applicable to that
portion of the SUBJECT PROPERTY for which such fee was prepaid, For fees
charged on a per residential unit basis,DEVELOPER may estimate the number of
residential units and pay such fees based on such estimated number of units or
may prepay for only a certain number (determined by DEVELOPER) of units.
13
Once the calculation is made, no refund of any portion of any prepayment made
will be allowed.
C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of
the SUBJECT PROPERTY is currently subject to not is there pending any request to subject any
part of the SUBJECT PROPERTY to any special service area or special assessment district that
will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY,
other than charges to existing drainage districts of record,if any.
11. CgkLfR ONS. The MY shall not require the OWNERS and
DEVELOPER to donate any land or money to the CITY, or any other govemmental body,
except as otherwise expressly provided in this Agreement
12. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for
making the contributions outlined in Exhibit I I and Exhibit 'T' to the Yorkville Community
School District #115 ("School District"), the City of Yorkville Park Department ("Park
Department") and the CITY for the estimated impact and donation that is projected to be
experienced by said entities as a result of the development of the Residential Parcel in the
manner provided for under this Agreement, There shall be no other school and park
contributions required.
13. PROJECT SIGNS. Following the date of this Agreement and through the date
of the issuance of the final occupancy permit, DEVELOPER shall be entitled to construct,
maintain and utilize off9ite subdivision identification, marketing and location signs at not more
than two (2) locations at any time within the corporate limits of the CITY as DEVELOPER may
designate (individually an "Offslte Sign" and collectively the "Offsite Signs') subject to sign
permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-
14
way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and
appropriate legal rights for the construction and use of-each of the Mite Signs. Each Offsite
Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs,
DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in
Exhibit"G" attached hereto and shall be permitted as a permanent sign at the entry of residential
neighborhood.
14. MODEL HOMES, PRODUCTION UNITS AND SALES TRA ERS,
During the development and build out period (subsequent to final plat approval), OWNERS and
DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may
authorize, may construct, operate and maintain model homes and sales trailers staffed with
OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff
and may be utilized for sales offices far Blackberry Woods. The number of such model homes
and sales trailers and the locations thereof shall be as from time to time determined or authorized
by DEVELOPER
Off-street parking shall be required for model homes when more than five (5) model
homes are constructed on consecutive lots in a model home row. Three(3) off-street spaces will
be required for each model home in a model home row, with combined required parking not to
exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and
walks will be submitted for review and approval by the CITY.
No off-street parking shall be required for individual model homes or sales trailers that
are not part of a model home row other than the driveway for such model home/sales trailer
capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for
model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY
15
upon proper application thereof prior to the installation of public improvements (provided a
gravel access road is provided for emergency vehicles and upon submission of a temporary hold
harmless letter to the CITY and the Bristol-Kendall Fire Protection District.) A final inspection
shall be conducted prior to the use of a model home and water service shall be made available
within 300' of the model home. There sh#ll be no occupation or use of any model homes or
production dwelling units until the binder course of asphalt is on the street, and no occupation or
use of any production dwelling units until the water system and sanitary sewer system needed to
service such dwelling unit are installed and operational or until temporary service is available,
whichever is earlier. Use of models as a model unit only shall not be deemed to be"occupancy"
thereof and may be made prior to connection to a sanitary sewer or wetter system, so long as
temporary waste water holding tanks and temporary water facilities are installed to serve them.
DEVELOPER may locate temporary sales and construction trailers during the
development and build out of said property, provided any such sales trailer shall be removed
within two(2)weeks following issuance of building permits for all units. A building permit will
be required by the CITY for any trailer that will be utilized as office space. Prior to construction
of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with
landscaping and elevations for the CITY's approval.
DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the
Corporate Authorities (collectively '%ndemnitiee from all claims, liabilities, costs and
expenses incurred by or brought against all or any of the Indemnities as a direct and proximate
result of the construction of any model homes or production dwelling units prior to the
installation of the public street and water improvements required to service such dwelling unit
and shall execute and deliver to the CITY a hold harmless and indemnification agreement in
16
form and content reasonably satisfactory to the CITY, so providing,prior to the commencement
of construction of any model homes. DEVELOPER shall be permitted to obtain building
permits in the same manner for additional model homes and for initial production dwelling units
as the Final Plat and Final Engineering is approved by the CITY.
15. CONTRACTORS' MA E,�RS. The CITY agrees that from and after the date
of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNERS and DEVELOPER for development purposes. Said trailers shall be removed
respectively, within thirty (30) days after issuance of the last occupancy permit for each such
parcel, subject to force majeure. A building permit will be rewired by the CITY for any trailer
that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in
good working order and the area will be kept clean and free of debris. No contractor's trailers or
supply trailers will be located within dedicated right-of-way.
16. CERTMCATESS OF OCCUPANCY.
A. The CITY shall issue certificates of occupancy for buildings and dwelling units
constructed on the SUBJECT PROPERTY within five(5) working days after proper application
therefor or within five (5) working days after the receipt of the last of the documents or
information required to support such application, whichever is later. If the application is
disapproved, the CITY shall provide the applicant within five (5) working days after receipt of
the application and all documentation or information required to support such application, with a
statement is writing of the reasons for denial of the application including specification of the
requirements of law which the application and supporting documents fail to meet. The CITY
agrees to issue such certificates of occupancy upon the applicant's compliance with those
17
requirements of law so specified by the CITY, The CITY, at its expense, shall retain the services
of such consultants and/or hire such employees as may be necessary to ensure that the CITY is
able to fulfill its obligations under this Subsection. The foregoing,however, shall not negate the
obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services
rendered in connection with the issuance 4f certificates of occupancy under applicable CITY
ordinances.
B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the
CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading
improvements have not been completely finished due to adverse weather conditions subject to
the following understanding: if a certificate of occupancy is issued for such a building or
dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading
improvements for such building or dwelling unit as soon as weather permits but in any event by
the following summer, the CITY shall have the right to withhold the issuance of further building
permits to such party until such exterior work has been completed, Notwithstanding the
foregoing, if the provision above applies but if the party that failed to complete the driveway
and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of
one hundred ten percent (110%) of the amount estimated by OWNERS and/or DEVELOPER
and approved by the CITY to be needed to complete such improvements or to effect such
corrections, the CITY shall not withhold the issuance of such building permits or certificates of
occupancy. Linder no circumstances shall the failure of Commonwealth Edison or another utility
company to energize street lights installed by OWNERS and/or DEVELOPER on the SUBJECT
PROPERTY constitute a basis for the CITY denying the issuance of building permits or a
18
certificate of occupancy for buildings and dwelling units constructed or to be constructed within
the SUBJECT PROPERTY.
17. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5111-12-8 of the Illinois C Wiled Statutes (2002) ed.,
shall the CITY require that any part of t�e SUBJECT PROPERTY be dedicated for public
purposes, except as otherwise provided in this Agreement or identified on the Concept PUD
Plan.
18. CON MK KK DNT OF njLR_0VEMENT3.
A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of construction of utility improvements on the SUBJECT PROPERTY or any
Parcel thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval
of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements
provided: (1) such construction is undertaken at the risk of the party seeking to undertake such
work; (2) approved engineering plans for such improvements have been approved by the CITY
that are sufficient in detail for the CITY to determine the nature and scope of the improvements
being constructed; (3) the preliminary subdivision plat upon which the improvements are being
constructed has been approved by the CITY; (4)the/EPA and the sanitary district that will serve
the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of
sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute
IEPA sewer and water permit applications separate and apart from the review of final
engineering plans so that the IEPA will be in a position to issue such permits prior to CITY
approval of final engineering plans; and (5) the construction complies with the CITY'S then
existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against
19
any claims, actions or losses the CITY may suffer, sustain or incur because another
governmental agency takes action against the CTTY after OWNERS and/or DEVELOPER
undertake development activities on either of their respective parcels pursuant to the provisions
of this Subsection 23(B).
B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of mass earthwork and grading on their respective parcels of the SUBJECT
PROPERTY or any Parcel thereof prior to acceptance of a find plat of subdivision and final
engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass
grading and erosion control plans to the CITY at least thirty (30) days prior to the
commencement of such mass earthwork and grading and complies with the erosion control
ordinance of the CITY.
C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of construction and installation of building foundations prior to acceptance of a
final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have
provided for all-weather access to such Lots on which building foundations am being constructed
and installed, in the form of aggregate driveways. Any such installation of foundations prior to
acceptance of a final plat of subdivision and final engineering by the CITY shall be at
DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section
shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the
SUBJECT PROPERTY then under review.
D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof
may continue to be used far agricultural and nursery uses as interim uses until the relevant
20
portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal,
non-conforming uses of the SUBJECT PROPERTY.
19. COVENANTS. In addition to any architectural control ordinances adopted by
the CITY, the DEVELOPER agrees: to impose covenants, conditions and restrictions relating to
fagade materials, accessory structures and.other building restrictions at the time of final plat
submittal for each unit.
DEVELOPER shall include provisions in the covenants to provide that the Homeowners
Association shall be responsible for the maintenance of landscaping within the perimeter
landscaping easements,sigaage provided, and other obligations as determined at the time of final
platting and as referenced in this Agreement.
20. HOMEOWNERS ASSOCIAI`ION AND DORMANT SPECIAL SERVICE
ARLA SSA .
A. Homeowners Association. DEVELOPER shall establish through a declaration of
covenants, conditions and restrictions, two Homeowners Associations ("R-2 Association') and
("R4 Association") of all lot owners and a mandatory membership of all lot owners in each
Association, one association for the R-2 lots and one association for the R-4 lots.
The R-2 Association shall have the primary responsibility and duty to carry out and pay
for the maintenance of Common Facilities (defined below)through asscssments levied against all
dwelling units. A maintenance easement shall be established over all of the Common Facilities
located on the final plat for the Association that undertakes responsibility for the Common
Facilities Maintenance. The Association will be responsible for the regular care, maintemce,
renewal and replacement of the Common Facilities including stormwater detention areas and
other open spaces. The maintenance described herein shall include, without limitation, the
21
showing and fertilizing of grass, pruning and trimming of trees and bushes, removal and
replacement of diseased or dead landscape materials, and the repair and replacement of fences
and monument signs, so as to peep the same in a clean, sightly and first class condition, and shall
otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance.
The R-4 Association shall have the primary responsibility and duty to carry out and pay
for the maintenance of the Common Facilities and all of the yards of the lots in the R-4
Association through assessments levied against all dwelling units. Fences shall not be allowed in
any of the yards in the R-4 lots (except to enclose or protect a porch or deck area-) A
maintenance easement shall be established over all of the Common Facilities located on the final
plat for the Association that undertakes responsibility for the Common Facilities Maintenance.
The maintenance described herein shall include, without limitation,the mowing and fertilizing of
grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead
landscape materials, and the repair and replacement of fences and monument signs, so as to keep
the same in a clean, sightly and first class condition, and shall otherwise comply with the C=s
Property Maintenance Standards and Landscape Ordinance.
The R-4 Homeowner's Association shall be responsible for the maintenance of all of the
yard areas of the R-4 lots. The Declaration of covenants and restrictions shall include a
paragraph that requires the R4 Homeowner's Association to maintain all of the yard areas of the
X4 lots.
B. D ant pedal Service Area, DEVELOPER agrees to the CITY enacting at the
time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the
event that the Homeowner's Association fails to maintain the private common areas, detention
ponds,perimeter landscaping features, and entrance signage.
22
21. ONSITE EASEMENTS AND I1!![PROYEMENTS In the event that during the
development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any
existing utility easements and/or underground lines require relocation to facilitate the completion
of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with
the Preliminary PUD Plan, the CI'T'Y shall :filly cooperate with OWNERS and DEVELOPER in
causing the vacation and relocation of such existing easements and/or utilities,however, all costs
incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any
easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is
subsequently determined to be in error or located in a manner inconsistent with the intended
development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this
Agreement, the CM shall fully cooperate with OWNERS and DEVELOPER in vacating and
relocating such easement and utility facilities located therein, which costs shall be borne by
OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a
condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the
cost of design and relocation of any such easement and the public utilities located on their
respective parcels unless the relocation involves overhead utilities.
22. DISCONNECTION, OWNERS and DEVELOPER shall develop the SUBJECT
PROPERTY as a development to be commonly known as Blackberry Woods in accordance with
the final plat and final engineering approved by the CITY in accordance with the terms hereof
and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect
any portion or all of said property from the CITY or from any service provided by the CITY,
23
23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
24, CITY ASSISTANCE., The CITY agrees to cooperate and provide any
reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining
any and all approvals or permits necessary for the development of the SUBJECT PROPERTY,
including, but not limited to those required from the Illinois Environmental Protection Agency,
the Army Corps of Engineers, the Federal Emergency Management Agency, the United States
Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol
Township, the United City of Yorkville Park Board and Yorkville Community Unit School
District 115, The CM further agrees to reasonably cooperate with OWNERS and/or
DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district,
the County of Kendall and all other governmental units in connection with the contemplated
development of the SUBJECT PROPERTY.
25. DRES ES. Within fourteen (14) days after the final plat of subdivision is
approved, CM will provide DEVELOPER with the addresses of all lots for the purpose of
expediting the process of obtaining utility installations by the applicable utility company or
companies.
26• SUBSBOUNT AAff2MA=. It is understood and agreed that subsequent
amendments of this Agreement, may be obtained solely by the owner of any portion of the
SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the
owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the
rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not
24
included in the aforedescribed amendments without any action or approval of the owners of other
portions of the SUBJECT PROPERTY. Rezoning or an amendment of the PUD may be applied
for and processed by the CITY without requiring an amendment of this Agreement.
27, -"RIM TO LAMP— GUAGE, The OWNERS and/or DEVELOPER of
the property aclmowledges that Kendall County has a long, rich tradition in agriculture and
respects the role that farming continues to play in shaping the economic viability of the county
(zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional
smells, dust„ sights,noise and unique hours of operation that are not typical in other zoning areas.
The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm"
language on the Final Plat of Subdivision and incorporate similar language within such other
documents governing the subdivision if any property adjacent thereto is used or operated as a
farm.
28. RESPONSIBUX
rM OF OYMER LO ER The OWNERS shall
not be required to perform any of the obligations under this Agreement so long as OWNERS are
passive title holders in the SUBJECT PROPER'T'Y and do not act as a developer.. Upon the
transfer of OWNER's rights, title or interest or any portion thereof to DEVELOPER, the
covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be
performed.by DEVELOPER. Until such time as any portion is transferred to DEVELOPER the
obligations hereunder as to such portion shall not be required to be performed by DEVELOPER
as the case maybe. The CITY agrees that the OWNERS and DEVELOPER are exculpated from
any personal liability or obligation to perfb= the commitments and obligations set forth herein
for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will
look solely to the party who develops for such performance.
25
29. GENERAL PROVISIONS.
A, Enforcement. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties or their successors or assigns by an appropriate action at
law or in equity to secure the performance of the covenants and agreements contained herein,
including the specific performance of this Agreement, This Agreement shall be governed by the
laws of the State of Illinois.
B. Suessors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon
the CITY, and any successor municipalities of the CITY. It is understood and agreed that this
Agreement shall run with the land and as such, shall be assignable to and binding upon each and
every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the
CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS
and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of
a empty lot or a lot improved with a dwelling unit who acquires the same for residential
occupation,unless otherwise expressly agreed in writing by such purchaser,
C. All Terms and Conditions Contained Herein. This Agreement contains all the
terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding
the subject matter hereof shall be deemed to exist to bind the parties. The parties aclmowledge
and agree that the terms and conditions of this Agreement, including the payment of any fees,
have been reached through a process of good faith negotiation, both by principals and through
counsel, and represent terms and conditions that are deemed by the parties to be fair,reasonable,
acceptable and contractually binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon aay other party in connection with this Agreement shall be in writing and shall be
26
deemed effectively given on the date of confirmed telefacsinjile transmission, on the date
delivered personally or on the second business day following the date sent by certified or
registered nail.,return receipt requested,postage prepaid, addressed as follows:
(1) If to OWNERS: Blackberry Woods, LLC
P,O.Box 307
Wheaton, Illinois 60189
Fax: (630)553-3024
with copies to: Law Offices of Dallas C.Ingemunson,P.C.
226 S.Bridge Street
Yorkville,Mois 60560
Attention: Gregg Ingemunson
Fax: (630) 553-7958
(II) if to DEVELOPER: McCue Builders, Inc.
P.O.Box 354
Bristol,Illinois 60512
Attention: Bill McCue
Fax: (630) 553-1250
with a copy to: Law Offices of Dallas C.Ingemunson,P.C.
226 S.Bridge Street
YorkvIllo,Illinois 60560
Attention: Gregg Ingemumon
Fax: (630)553-7958
(III) If to CITY: United City of Yorkville
Arta City Clerk
800 Game Farm.Road
Yorkville,IL 60560
Fax: (630) 553-7575
or to.such other persons and/or addresses as any party may from time to tame
designate in a written notice to the other parties.
E. Seyerabilit_y.. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5111-15.1-1, et seq., ' o`s Statutes (2002 ed.), Inthe event any part
or portion of this Agreement, or any provision,,elaause,word, or designation of this Agreement is
held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or
27
designation of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not effect such portion or portions of this Agreement as remain. In
addition,the CITY and OWNERS and DEVELOPER shall take all action necessary or required
to falfill the intent of this Agreement as to the use and development of the SUBJECT
PROPERTY.
y
F. Agmonent This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to applicable
provisions of the City Code and Illinois Coro 'I Stator . This Agreement may be amended by
the CHY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions
applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT
PROPERTY not effected by such Agreement.
G. Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the
SUBJECT PROPERTY,whether improved or unimproved.
H. Necess=Ordingnm ogd ResoM o The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or
assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this
Agreement,provided said ordinances or resolutions are not contrary to law. The CI'T'Y agrees to
authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects
which may arise after the execution of this Agreement
I. Term of Agwment, The term of this Agreement shall be twenty(20)years from
the date of execution of this Agreement In the event construction is commenced within said
28
twenty-year period all of the terms of this Agreement shall remain enforceable despite said time
limitation,unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
J. Captions and ParagMh Hemmings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or provision of this
Agreement. 3
K Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois,at DEVELOPER' s expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference End shall constitute
substantive provisions of this Agreement.
M. Counterparts. This Agreement 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.
N. No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for due to any CITY imposed moratorium and shall in no event
unreasonably withhold approval of said permits or approval for the final plat of the subdivision.
Nothing contained berem shall affect any limitations imposed as to sanitary sewer or water main
extensions by the Min.ois Environmental Protection Agency, Yorkville-Bristol Sanitary District,
or any other governmental agency that preempts the authority of the United City of Yorkville.
O. Time is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants contained in this
Agreement shall be performed in a timely manner by all parties hereto.
29
P. Legal Challenges. If for any reason and at any time, the annexation of the
SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at
law or in equity, the CITY shall; (i) cooperate with OWNERS and/or DEVELOPERS in the
vigorous defense of such action through all proceedings, including any appeals; and (ii) take
such other actions as may then or thereafle;be possible pursuant to the Illinois Municipal Code
to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation
of the SUBJECT PROPERTY to the CITY can be sustained and/or effected.
Q. — ''baud Minor Modifications. Any modification to any approved prelnninaq
or final plats of subdivision and engineering plans,which are deemed to be minor modifications,
maybe approved by the CITY Administrator (following review and approval by the CITY
'Engineer) without requiring a public hearing and without formal amendment to the'Planned
Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications
necessary to solve engineering, layout and/or design problems shall be deemed to be minor
modifications so long as such modifications do not change the essential character of the
preliminary or final plats of subdivision or engineering plans or increase the total number of
dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final
plat of subdivision or engineering plan, which if determined by the CITY to be major
modifications, shall require review by the CITY's Planning Commission and approval by the
CITY Council. In no event shall such major modification require an amendment to this
AGREEMENT.
R. Ex 'on, It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required or imposed by
any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY,
30
the CI'T'Y, the DEVELOPER and OWNERS, including, but not limited to, county, state or
federal regulatory bodies.
S. Effectiveness. This Agreement shall be subject to and shall take effect after the
consun=ati.on of the transaction between OWNERS and DEVELOPER for the sale of any
portion by OWNERS to DEVELOPER.
[SIGNATURE PAGE FOLLOWS]
31
IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNERS: CITY:
MCCUE BUILDERS,INC.
By: --4 �-� C� . /� "G
Name: ;�, w� /1/t e L {
Its: ae
UNITED CITY OF YORKVILLE
An Illinois Municipal Corporation
By:
Title: Mayor
Atte
Title; er
DEVELOPER:
MCCUE BUILDERS,INC.
By: - 4 G e-,
Name: �'i1� 1 . ✓� !f/j C�
Its: . �/�C51 Jr
LIS OF EXHMITS
EXHIBIT"A": Legal Description and Plat of Annexation of SUBJECT PROPERTY
EXHIBIT"B": Legal Description For Area Zoned R-2 and R-4 PUD
EXHIBIT"C": Preliminary PUD Plan
EXHIBIT"D": Preliminary Landscape Plan
EXHIBIT"E": List of Variations
EXHIBIT"F": Fee Schedule
EXHIBIT"G": Signage
EXHIBIT"H": School Contribution
EXHIBIT"P': Park Contribution
33
EMMIT"A"
LEGAL DESCRTMON AND PLAT OF ANNEXATION OF SUBJECT PROPERTY
34
Fab 10 06 01:56p 630-551-0950 p.1
1,k.311_15 0AINA JUKATILAX wuuz
1 '
EXHIBIT'A'
PARCEL I DESCRIPTION:
THAT PART OF SHE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST
OF THE THIRD PRINCIPAL MERMAN DESCRIBED AS FOLLOWS:COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 26 PER MON[UM ENT RECORD 76.5256;THENCE
NORTH o1 DEGREES 1a MINUTES 26 SECONDS WEST{BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY,2145.14 FEET ALONG THE EAST LINE Of CONOVE)ITS
PROPERTY PER ALTAJACSM LAND TITLE SURVEY PREPARED By RB&ASSOCIATES
DATED 11-34W1(DWG#;2005-12880-0024)TO THE POINT OF BEGINNING;THENCE
CONTINUING NORTHERLY,502.44 FEET ALONG THE LAST DESCRIBED COURSETO A 314
INCH]RON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABUSHED BY RS 3
ASSOCIATES PER THE AFOREMENTIONED SURVEY;THENCE NOMM-01 DEGREES 18
MINUTES Z2 SECONDS WEST,739.40 FEET ALONG SAID EAST LINE TO A FENCE NOW
11 0M=ENMXG THE SOUTH LINE OF PROPERTY ONCE OWNED BY T.SILENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 899707);THENCE NORTH 56 DEGREES 29 MINUTES 62 SECONDS EAST,
205BM FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON
RIDGE SUBDMStON AND CIMARRON RIDGE-TWO SUBDIVISION TO A FENC@ LINE;
THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST,521.27 FAT ALONG SAID
FENCE LIFE;THENCE SOUTH 05 DEGREES 50 MINUTES 26 SECONDS WEST,170.81 FEET
ALONG SAID FENCE LINE;THENCE SOUTH 14 DEGREES 611 MINUTES 13 SECONDS
WEST,427-88F=4 ALONG SAID FENCE LINE,THENCE SOUTH 2D DEGREES 12 MINUTES
46 SECONDS WEST,142,40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE .
EXTENDED WESTERLY'OF LOT 4 IN CONOVER'S THIRD SUBDIVISION,THENCE SOUTH Be
DEGREES 04 mINUTEB 25 SECOND$BAST,89.32 FEET ALONG SAM EXTENDED SOUTH
LIME TO THE CENTER LINE OF BLACKBERRY CREEK;THENCE SOUTH 30 DEGREES 04
WNUTES 31 SECONDS WEST,4800 FEET ALONG SAID CENTER LINE;THENCE SOUTH 09
DEGREES 24 MMNUTES 62 SECONDS WEST,'14.34 F=ETALONO SAID CENTER LINE;
THENCE SOUTH 88 DWREES 45 MINUTES 41 SECONDS WEST,2054.73 FEET TO THE
POINT OF BEGINNING,IN 9RiSTOLTOWNSHIP,KENDALL COUNTY,ILLINM.
PARCEL 2 DESCRIPTION:
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT THE
SOUTHWEST'CORNER OF SAID SECTION 29 PER 00NUMENT RECORD 16.6256;THENCE
NORTH 01 DEGREES 14 MMUTES Iii SECONDS WEST HEARINGS ASSUW.D FOR
DESCRIPTION PURPOSES ONLY),3389:67 FEET ALONG THE WEST LWE OF THE SAID
SECTION PER PLAT OF SURVEY PREPARED BY JAMES M-OLSON ASSOCIATES,LTD-,
DATED 0-10.96(NO.5512-A)ZO THE POINT OF BEGINNING AT THE FENCE NOW
MONUMENTINO THE SOUTH LINE OF PROPERTY ONCE OWNED BYT.SPENCER(SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEyf-I]PER
DOCL MSHT 06707);THENCE NORTH 08 DEGREES 29 MINUTES 62 SECONDS EAST,2.19
FEET ALONG SAID SOUTH LINE TO THE EAST LINE CONOVEWS PROPERTY PER
ALTAIACBM LAND TITLE SURVEY PREPARED BY RB 6 ASSOCIATES DATED 114-05
(DWG#:2006-12650.0021)) ;THENCE SOUTH 01 DEGREES 18 MINUTIA 22 SECONDS
EAST,739,40 FEET ALONG SAID EAST LINE TO A 314 INCH IRON PIPE AT AN ANGLE
POINT IN SAID EAST LINE AS ESTABLISHED BY RH 8 ASSOCIATES PERTHE
AFOReM NTIONED SURVEY;THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS
EAST,602-04 FEET ALONG SAID EAST LINE TO A POINT THAT IS 7149.14 FEET
NORTHERLY(AS MEASURED ALONG SAID EAST LINE)OF THE SOUTHWEST CORNER OF
SECTION 29.AFORESAID;THENCE SOUTH 118 DEGREES 45 MINUTES 41 SECONDS WEST,
2.48 FEET TO THE POINT OF BEGINNING,IN BRISTOL TOWNSHIP,KENDALL COUNTY,
ILLINOIS.
FEB-9-21306 THU 03:sgPP1 ID.NC a)E BUILDERS, INC, PAGE-.R
no_♦ra_t)rw= i A-am Mv-Y'N is = noc L=nto-n 1ikn G 21041.22�ZF tSnh_Ci
PINT OF ANNIMITON '
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EOXIE1113IT"B"
LEGAL DESCRIPTION FOR AREA ZONED R-2 and R-4 IUD
R-2 ZONING PARCEL
THAT PART OF THE WEST HALF OF SECTION 29,TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST QORNER OF SAID SECTION 29; THENCE
NORTH 01 DEGREES 14 MIlNUTEIS 18 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION,3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE
SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER;THENCE NORTH 88
DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID FENCE LINE, 1040.11 FEET
FOR A POINT OF BEGINNING;THENCE NORTH 88 DEGREES 29 NUNUTTES 52
SECONDS EAST, 1019.00 FEET;THENCE SOUTH 12 DEGREES 48 N04UTES 42
SECONDS EAST, 521.27 FEET;THENCE SOUTH 05 DEGREES 50 MINU'T`ES 25
SECONDS WEST, 17051 FEET;THENCE SOUTH 14 DEGREES 56 MINZPI'ES 13
SECONDS WEST, 427.66 FEET;THENCE SOUTH 20 DEGREES 12 MINUTES 46
SECONDS WEST, 102.40 FEET TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4
IN CONOVER'S THIRD SUBDIVISION;THENCE SOUTH 86 DEGREES 04 MINUTES 25
SECONDS EAST,ALONG SAID EXTENDED SOUTH LINE, 99.32 FEET TO THE
CENTERLINE OF BLACKBERRY CREEK;THENCE SOUTH 30 DEGREES 04 MINUTES
31 SECONDS WEST ALONG SAID CENTERLINE,48.00 FEET;THENCE SOUTH 09
DEGREES 24 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, 15.30 FEET;
THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 1982.59 FEET;
THENCE NORTH 29 DEGREES 14 MINUTES 19 SECONDS EAST,219.59 FEET;THENCE
NORTH 41 DEGREES 48 MINUTES 59 SECONDS EAST,44.63 FEET TO A POINT ON A
CURVE;THENCE ALONGA CURVE TO THE LEFT HAVING A CHORD BEARING
SOUTH 69 DEGREES 42 MINUTES 40 SECONDS EAST AND RADIUS OF 200.00 FEET,
150.29 FEET; THENCE NORTH 88 DEGREES 45 MINUTES 41 SECONDS EAST,370.71
FEET;THENCE ALONG A CURVE TO THE RIGHT RAVING A CHORD BEARING
SOUTH 81 DEGREES 52 MINUTES 48 SECONDS EAST AND RADIUS OF 400.00 FEET,
130.67 FEET;THENCE SOUTH 72 DEGREES 31 MINUTES 17 SECONDS EAST, 52.67
FEET TO A.POINT ON A CURVE;THENCE ALONG A CURVE TO THE RIGHT HAVING
A CHORD BEARING NORTH 34 DEGREES 36 MDMTES 38 SECONDS WEST AND
RADIUS OF 300.00 FEET, 179.41 FEET;THENCE NORTH 51 DEGREES 44 MINUTES 34
SECONDS EAST,272.15 FEET;THENCE NORTH 38 DEGREES 15 MINUTES 26
SECONDS WEST,517.31 FEET;THENCE NORTH 36 DEGREES 03 NUNUTES 53
SECONDS EAST, 17655 FEET TO A POINT ON A CURVE,THENCE ALONG A CURVE
TO THE LEFT HAVING A CHORD BEARING NORTH 60 DEGREES 45 M gUTES 38
SECONDS WEST AND HAVING A RADIUS OF 350.00 FEET, 83.39 FEET;THENCE
NORTH 22 DEGREES 24 NENUTES 51 SECONDS EAST 233.06 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS AND
CONTAR NG 34.05 ACRES.
35
EJCE[1Brr B"
LEGAL DESCRIPTION FOR AREA ZONED R-2 anti R4 PUD
(continued)
R-4 ZONING PARCEL
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMNIENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29;THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION,3369.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE
SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER;FOR A POINT OF
BEGINNING, THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG
SAID FENCE LINE, 1040.11 FEET;THENCE SOUTH 22 DEGREES 24 MINUTES 51
SECONDS WEST,233.06 FEET TO A POINT ON A CURVE,THENCE ALONG A CURVE
TO THE RIGHT HAVING A CHORD BEARING SOUTH 60 DEGREES 45 M[NMS 38
SECONDS EAST AND 350.00 FOOT RADIUS, 83.39 FEET;THENCE SOUTH 36
DEGREES 03 MINUTES 53 SECONDS WEST, 176.55 FEET;THRICE SOUTH 38
DEGREES 15 MINUTES 26 SECONDS EAST,517.31 FEET;THENCE SOUTH 51
DEGREES 44 MINUTES 34 SECONDS WEST,272.15 FEET TO A POINT OF
CURVATURE;THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING
SOUTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND 300.00 FOOT RADIUS,
179.41 FEET,THENCE NORTH 72 DEGREES 31 MM -=S 17 SECONDS WEST,52,67
FEET TO A POINT OF CURVATURE,THENCE ALONG A CURVE TO THE LEFT
HAVING A CHORD BEARING NORTH 81 DEGREES 52 MINUTES 48 SECONDS WEST
AND 400.00 FOOT RADIUS, 130.67 FEET;THENCE SOUTH 88 DEGREES 45 MINUTES
41 SECONDS WEST, 370.71 FEET TO A POINT OF CURVATURE;THENCE ALONG A
CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 42
hENUTES 40 SECONDS WEST AND 200.00 FOOT RADIUS, 15029 FEET; THENCE
SOUTH 41 DEGREES 48 N[INUTES 59 SECONDS WEST,44.63 FEET;THENCE SOUTH 29
DEGREES 14 MINUTES 19 SECONDS WEST,219.59 FEET;THENCE SOUTH 88
DEGREES,45 NGNUTES 41 SECONDS WEST,74.62 FEET;THENCE NORTH 01
DEGREES 14 MINUT]3S 18 SECONDS WEST, 1241.43 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS AND
CONTAINING 25.95 ACRES.
36
PRELEI13NARY PAID PLAN
37
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EDIT"D"
PRELIMINARY LANDSCAPE PLAN
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BL' 'CK&RRY WOODS CEMCON, Ud.
SITE PLAN
YORXVUJA UAW= PUILD KS, C.
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EY=PT"E"
LIST OF VARIATIONS
1. Lot sizes in the R4 District may be less than the 9,000 square feet minimum,but
shall be at least 8,160 square feet.
2. Lot widths in the R-4 District may be less than the 70 feet minimum, but shall be at
least 65 feet.
3. Side yards in the R-4 District may be less than the 10 feet minimum,but shall bee at
least 7 feet.
4. Rear yards in the R-4 District may be less than the 40 feet minimum,,but shall be at
least 30 feet.
S. Front yards in the R-4 District may be less than the 30 feet minimum,but shall be at
least 25 feet.
6. Side yards in the R-2 District may be less than the 10 feet minimum,but shall be at
least 9 feet.
7. Block length of North Carly Circle may be more than the 1320 feet maximum and
shall be approximately 1,600 feet.
8. Length between streets may be less than the minimum of 400 feet, and shall be at
least 300 feet.
9. Lot coverage ratio for Lots 51-56, 61-64,69-72-, 75-77, 80-84, 86-91, 106-114, and
117-118 may exceed The 30%maximum,but shall not exceed 40%.
39
Blackberry Woods
FEES PER UNIT
A paid receipt from the School District Office,602-A Center Parkway
Yorkville, must be presented to the City prior to issuance of permit $3,000
Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.D. $1,400
United City of Yorkville Fees
1. Building Permit
Cost$650 plus$0.20 per square foot $650+$0,20(SF)
2. Water Connection Fees SF and DU $2,660
2+Bed Att NIA
3. Water Meter Cost Detached Units $250
Attached Units N/A
4. City Sewer Connection l=ees $2,000
5. Water and Sewer Inspection Fee $25
6. Public Walks/Driveway Inspection Fee $35
7. Development Fees
Public Works $700
Police $300
Building $150
Library $500
Parks&Recreation $50
Bnglneering $100
Bristoi-Kendall Fire $1,000
Development Fees Total $2,800
""note
e. Land Cash Fees 'V below Apartment Townhorne Duplex Single Family
Paris NIA NIA NIA $568.18
School NJ-6 —NJ-A ;b4.780
Land-Cash Fees Total $O.DO $0.00 $0.00 $5,348.66
9. Road Contribution $2,000
t0. Weather Warning Siren Fee see note"b"below $751acre
Note: PUD agreement specifies that these fees are to be discounted
a. For upfront land-cash donations figures, please refer to"Land-Cash"worksheet
b. $75 x 60 = $4,500
EXMIT "G"
SIGNAGE
The attached renderings are illustrative of size and information. Specific design details may
change and are subject to approval.
41
PPEGAST Siam wffw G"
ETCHED LETTERS PANTED
BLACK.
i
B'
ARC14ME-GTIJRAL
PRECAST
VENEER STONE
TO ]BE SELECTED. '
a>
MONUMENT DETAIL
MOWORGFD CCW-41ETE FOWWPATION TO W DEPTM 0 1 g 4 6
DM" BY STRUCTURAL ENGINEER
SCALE: 912°='I,
�C
F,'K= T urn
SCHOOL CONTRIBUTION
1. Developer shah contribute the following to Yorkville Community Unit School
District#115,pursuant to the City's Land/Cash Ordinance: six hundred thirty-one
thousand,twenty-four Dollars($631,024.00)(the"Cash Contribution").
2. Said contribution shall be paid at the time of issuance of building permits in the
amount of $4,708.48 per dwelling unit in satisfaction of the United City of
Yorkville School District.
a
42
EXMIT 1111)
PARK CONTRIBUTION
1. Developer shall contribute the following to the Parks and Recreation Deparment,
pursuant to the City's Land/Cash Ordinance: 4.32 acres consisting of those
certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the
"Land Contribution") and one hundred fifty thousand Dollars ($150,000.00)
(the"Cash Contribution').
2. Said contribution shall be paid 50% at the time of recording the final plat-the
remaining 50% at the time of issuance of building pminits in the amount of
$568.18 per dwelling unit in satisfaction of the Yorkville Parks and Recreation
Department,
43
EXHIBIT"d"
ARCHITECTURAL STANDARDS
All R-2 and R-4 lots that have less than 33%brick or stone on front elevation(foundation
walls that are adjacent to street) shall have all of the following enhancements to the front
elevation:
• $1,500.00 Landscaping Package
• Grids in Front Windows
• Architectural Shingles
All R-2 and R-4 lots that have less than 33%brick or stone on front elevation shall have at
least seven(7)of the following enhancements to the front elevation.
• Two (2) Gables Facing Street
• Decorative Vent or Window in Gable
• Roof Line Across Gable with Shingles
• Covered Porch.
• Bay or Boxed Out Window with Roof
• Transom Window
• Decorative Glass in Front Door
• Windows in Upper Panels of Garage Door
• Shutters on Front Windows or Window Wrapped with 4"to 6"Trim Piece
• Soffit and Fascia Different Color From Siding
• Decorative Trim Above Windows
44
Application &Petition to Amend
Annexation or Planned Unit Development(PUD) Agreement
Exhibit "E"
Page 2 - #6 (State the items to be amended from the existing annexation or PUD agreement.)
Petitioner hereby requests the following amendments to the PUD on behalf of itself and the
record title owner of the property together with the united city of Yorkville;
1) That the City Ordinance requirement for Letter of Credit to be posted for 20% of
entire amount of letter of credit for 1 year after acceptance of improvements be
modified to provide that Developer shall post 120% of all uncompleted
improvements,but shall not requiring further Letter of Credit for public
improvements completed and accepted by the City.
2) That the Subdivision Control Ordinance of the United City of Yorkville shall be
modified to provide that the Applicant applying for a Building Permit for each
specific lot shall have the primary responsibility to install public sidewalks and
parkway trees and to maintain the same for a 1 year period from the date of Final
Occupancy Permit being issued by the United City of Yorkville. The United City
of Yorkville shall further inspect all curbs, driveway cuts, and public
improvements at the time of issuance of Final Occupancy Permit for each
residence and any repairs or damage to public improvements on or adjacent to a
particular residence shall be the responsibility to repair of the original Applicant
for that Building Permit.
In order to secure performance of said repairs the united city of Yorkville shall
require a Final Occupancy Permit Bond of$ on a per lot basis from
the Applicant for each Building Permit.
3) That although a Final Plat of Subdivision for which public improvements are not
completed except final lift of asphalt shall be treated as the first Phase; and the
area of the subdivision which has some public improvements but not a base coat
of asphalt shall be treated as Phase 2. Bonding or Letter of Credit for Phase 2
public improvements shall not be required to be posted until Developer/Owner
commences work on Phase 2 improvements.
4) (a) Developer, Crestview Builders, Inc., and the United City of Yorkville
agree to lock in current fees on the subject subdivision for a period of 8
years, in consideration of Owner/Developer paying an up-front charge of
$150.00 per lot within 30 days of Petitioner taking title to the subject real
property.
(b) The United City of Yorkville hereby waives any payment of any
Transportation Infrastructure Fee since no exterior arterial roads are being
affected by the development of this community.
5) Petitioner and the City agree to modify Planned Unit Development Agreement to
waive the requirement of a uniform maintenance community as an amenity for the
area of the development zoned R-4 Residential District. Each individual lot or
house owner shall be responsible for maintenance of its exterior building and
yard.
6) Petitioner and City agree to amend the existing Planned Unit Development
Agreement to provide that the current International Building Code shall be the
sole code affecting the development of the subject property for a period of 10
years from the date of execution of this Planned Unit Development Amendment.
7) Petitioner and City hereby agree that all Transition and Impact Fees shall be paid
at time of Building Permit in the amounts provided in the original Planned Unit
Development Agreement, and Amendment thereto, and except as amended in this
Petition and proposed agreement.
8) That Petitioner and City agree that the detention pond currently installed by the
original Developer conforms to the Final Engineering Plans submitted to the City
and approved by the City. The City will accept said detention pond and be
responsible for maintenance of the same from the date of approval of this Planned
Unit Development Agreement Amendment.
WHEREFORE, Petitioner prays that a Planned Unit Development Amendment be posted
for public hearing with the above requested changes and that by vote of the City Council said
changes and amendments be approved as a Planned Unit Development Agreement Amendment.
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
Ordinance No. 2010-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING THE FIRST AMENDMENT TO THE AMENDED ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, the City and Crestview Builders, Inc., an Illinois corporation (the "Owners"), as
successors to McCue Builders, Inc., an Illinois corporation, desire to amend an Amended Annexation
Agreement and Planned Unit Development Agreement, to clarify the obligations of the Owners and to
ensure completion of the development of Blackberry Woods in accordance with all applicable City
requirements, thereby increasing the taxable value of the real property within its corporate limits and to
enhance and promote the general welfare of the people of the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The attached First Amendment to the Amended Annexation Agreement and Planned
Unit Development is hereby approved, and, the Mayor and City Clerk are hereby authorized and
directed to execute and deliver same.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 2010.
CITY CLERK
ROBYN SUTCLIFF DIANE TEELING
GARY GOLINSKI ARDEN JOSEPH PLOCHER
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
day of _2010.
MAYOR
2
FIRST AMENDMENT TO THE
AMENDED ANNEXATION AGREEMENT AND PLANNED
UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
This First Amendment to the Amended Annexation Agreement and Planned Unit
Development Agreement (the "First Amendment") as to the real estate identified and legally
described on Exhibit A attached hereto is made and entered as of the day of May, 2010, by
and between Crestview Builders, Inc., an Illinois corporation ("Owners") as successors to
McCue Builders, Inc., an Illinois corporation (the "Prior Owners") and the United City of
Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the "City") by and
through its Mayor and City Council (the "Corporate Authorities").
RECITALS:
A. Owners are the owners of record of certain parcels of real estate legally described
on Exhibit A (hereinafter referred to as "Subject Property").
B. The Prior Owners annexed the Subject Property to the City pursuant to an
Annexation Agreement dated July 12, 2005 and recorded with the Recorder of Kendall County
on May 18, 2006, as Document No. 200600015095 (the "Original Agreement"), for the purpose
of developing a residential planned unit development (PUD) known as Blackberry Woods and
thereafter entered into an Amendment to said Annexation Agreement on December 18, 2007 (the
"Amendment") with the City and recorded with the Recorder of Kendall County on February 28,
2008, as Document No. 200800005143, which detailed the requirements for the development of
the Subject Property and the rezoning of the Subject Property pursuant to a Preliminary PUD
Plan as attached to the Amendments.
1
C. For numerous reasons including the economic downturn of the region, the Prior
Owners were unable to complete the development of Blackberry Woods and the Owners have
acquired all unimproved lots included in the original .Preliminary PUD Plan for Blackberry
Woods and desire to complete its development in accordance with this approved Preliminary
PUD Plat as attached to said Amendment.
D. In order to proceed, the Owners have petitioned the City for certain amendments
to the Amendment pertaining to fees and security as hereinafter set forth to clarify the
obligations of the Owners to assure completion of the development of Blackberry Woods in
accordance with all applicable City requirements.
E. The City and Owners have given all appropriate notices due to be given pursuant
to applicable provisions of the Illinois Municipal Code and the City's Code.
F. The Corporate Authorities, after due and careful consideration, have concluded
that this First Amendment to the Amendment of Annexation Agreement and Planned Unit
Development Agreement will inure to the benefit of the City in that it will result in the
completion of the development of Blackberry Woods thereby increasing the taxable value of the
real property within its corporate limits and enhance and promote the general welfare of the
people of the City.
NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual
covenants and agreements contained herein, the sufficiency of which is hereby acknowledged,
and the parties hereto agree to the following terms and conditions:
Section 1. Notwithstanding the terms and conditions as set forth in the Amendment or
the Original Agreement and the terms and provision of the City Code, the Owner shall provide
2
the City with a letter of credit equal to 120% of all uncompleted improvements and infrastructure
as approved in the final plans which letter of credit shall be reduced upon completion and
acceptance of each category of improvement or infrastructure to 20% and released after one year
following acceptance so long as no repairs or replacement are needed (the "Warranty Period').
The Owners covenant and agree to remain responsible for maintenance and replacement, if
necessary, of any surface structure constructed within the Blackberry Woods development until
the expiration of the Warranty Period for the last category of public infrastructure accepted by
the City. For purposes of this First Amendment "surface structure" shall mean any part of any
public infrastructure that exists above or extends to the ground surface, thereby making it
vulnerable to damage from subsequent structure or maintenance activities.
Section 2. The Owners shall provide a letter of credit to the City in an amount equal to
120% of the total cost to install public sidewalks and parkway trees which letter of credit will be
reduced to 120% of the total cost and held by the City after acceptance by the City of the
sidewalks as constructed and parkway trees for a period of two years. In the event the Owners
convey any specific lot, the grantee of title thereto shall provide the Owners with a letter of credit
equal to 110% of the cost of the sidewalk and parkway trees attributable to said lot. Upon
transfer of such letter of credit to the City, the Owner's letter of credit shall be reduced in an
amount equal to the letter of credit transferred to the City. The City shall look to the new letter
of credit as the total security for said improvements and any further obligations of the Owners
regarding sidewalks and parkway trees for such lot shall be cancelled.
Section 3. The Owners agree to vacate that portion of the approved Final Plat of
Subdivision for which no roadways have been constructed thereby eliminating any requirement
3
to post a letter of credit for the roadways, sidewalk and parkway trees and upon recordation of a
plat of vacation, any letter of credit held by the City as security for those items within that area
shall be released, provided, however, that the Owners shall convey easements over the existing
utilities prior to vacation. The Owners also agree to dedicate a public utility and drainage
easement of a width and location requested by the City within thirty(30) days of such request.
Section 4. The City agrees not to increase any of the fees above the amount as itemized
on Exhibit F to the Amendment pertaining to the Subject Property, other than costs listed for
water meters, until December 18, 2018, upon payment of the municipal building fee of$150.00
per lot within thirty (30) days of recordation of a deed conveying the real estate comprising
Blackberry Woods to the Owners.
Section 5. The City agrees to waive the Transportation Infrastructure Fee on the
condition that the Owners patch, mill and pave Cannonball Trail from John Street south to the
northwest corner of the Blackberry Woods development.
Section 6 The City agrees to waive the requirement to establish a homeowner
association for that portion of the development zoned as an R-4 Residential District on the
condition that a Special Service Area be established to include all parcels in Blackberry Woods
and immediately activated in order to provide funds to maintain the landscaping at the entrance
and all buffer areas to make the necessary improvements to the detention ponds; and, to cover all
costs in connection with the ongoing maintenance of said ponds.
Section 7. That notwithstanding any provision in the Original Agreement, the
Amendment, this First Amendment or the City Code, the provisions of the International Building
Code as in effect as of the date of the execution of this First Amendment shall be the only
4
building code to be applied to all structures constructed within Blackberry Woods development
until December 18, 2020.
Section 8. All fees as imposed pursuant to the Amendment, other than the Transportation
Infrastructure Fee, and the municipal building fee as hereinabove provided, shall be paid at the
time of the application for a building permit in the amount as agreed in paragraph 4 above.
Section 9. The Owners agree to undertake all improvements as necessary to the detention
ponds in order to achieve compliance with the approved final plans and to provide for the
ongoing maintenance thereof by the establishment and activation of a Special Service Area as
stated in paragraph 6 above or a delivery to the City of security in an amount equivalent to the
security provided with the imposition of a Special Service Area.
Section 10. To the extent all other terms, conditions and agreements as set forth in the
Agreement and the Amendment are not in conflict herewith, such terms, conditions and
agreements are hereby affirmed.
5
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Amended Annexation Agreement and Planned Unit Development Agreement (Blackberry
Woods 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
Crestwood Builders, Inc., an Illinois
corporation
By:
President
Attest:
Secretary
6
0 Co. Reviewed By: Agenda Item Number
-Z) 0 Legal ❑ NA i3 �
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Finance ❑
� Engineer ❑
City Administrator Tracking Number
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City Council Agenda Item Summary Memo
Title: Sign Ordinance Amendment—Elimination of time regulations on banners
City Council/Committee Agenda Date: Economic Development Committee, May 4, 2010
Synopsis: Discussion of the elimination of the time regulations on temporary banners.
Council Action Previously Taken:
Date of Action: N/A Action Taken: N/A
Item Number:
Type of Vote Required: Discussion
Council Action Requested: Direction
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
This item was brought up under the sign ordinance amendment agenda item at the April
13`h City Council meeting. The idea at the time was to allow temporary banners without a
limitation on fi•equency or duration. The current sign code (attached) allows them for 14 days
per permit and caps each business at 5 permits per year.
Sterling Codifiers, Inc. http://sterling.webiness.coin'codebook/getBookData.plip?id=§ion...
8-11-12: PERMITTING PROCEDURES:
Permits for permanent and temporary signs:
A. Permit Required: No sign shall be erected, enlarged, expanded, altered or relocated unless
the person proposing to erect, alter or move such sign shall obtain a permit from the code
official. Such permit shall be issued only when the sign complies with all of the applicable
provisions of this chapter. The fee for granting such a permit shall be established by the
city council. The schedule of fees shall be posted in the city offices and may be amended
only by the city council. Routine sign maintenance, changing of parts designed for change
or changing the content of a sign in any manner which does not change the functional
classification of the sign shall not, standing alone, be considered an alteration of the sign
requiring the issuance of a permit, unless such change of parts or content relates to or is
occasioned by a change in the ownership or nature of the activity to which the sign relates
or which is conducted on the premises on which the sign is located.
B. Application For Permit: Any person desiring a permit for a permanent or temporary sign
shall file a permit application which shall contain or have attached the following
information
1. A copy of plans and specifications showing the method of construction, illumination, if
any, and support of such sign. Calculations showing the sign is designed for dead load
and wind pressure in any direction in the amount required by other applicable laws and
ordinances of the city may be required.
2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating
the location of the sign(s) on any building or structure on the lot.
3. A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed
message and design, accurately represented as to size, area, proportion and color.
4. The written consent of the owner(s) or agent of the building, structure, or land on which
the sign is erected.
5. The name, address and phone number of the applicant.
6. The name of the person, firm, corporation or association erecting, altering or moving the
sign. (Ord. 2009-31, 6-9-2009)
C. Temporary Sign Permit Frequency And Duration Per Business:
Type Of Sign Maximum Duration Maximum Frequency)
I oe2 4/30/2010 12.30 PM
Sterlin4-Codifiers. Inc. http:/lsterliuf,,.Ne,ebiness.com codebook/,etBookData.php?id=§ion...
Banners 14 days 5 times per year
Portable 14 days 5 times per year
Commercial real estate 6 months Renewable
Industrial real estate 6 months Renewable
Residential marketing 6 months Renewable
Grand opening 1145 days Once per business
Cold air inflatable device 7hours Once per year
i
Searchlights 72 hours Once per year
Wind feather (per property) 30 days ($25.00 fee) 11 Renewable ($5.00 fee)
Construction [During active building permit issuance
Off premises sponsorship banner 8 months. March through October
(Ord. 2010-04, 1-12-2010)
2 oF2 4/30/2010 12:30 PM
Reviewed By: Agenda Item Number
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Finance ❑
EST. `1 1836 Engineer ❑
W City Administrator Tracking Number
4 Police ❑
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City Council Agenda Item Summary Memo
Title: Building Permit Fees
City Council/ Committee Agenda Date: Economic Development Committee, May 4, 2010
Synopsis: Proposal to increase certain pen-nit fees based on the City's cost of inspection
Council Action Previously Taken:
Date of Action: April 2010 Action Taken: Discussion
Item Number:
Type of Vote Required: Majority
Council Action Requested: Approval
Submitted by: Bart Olson Administration
Name Department
Agenda Item Notes:
J� Memorandum
To: Economic Development Committee
EST. =� lass From: Bart Olson, City Administrator
CC-
0� In, ` p� Date: April 30, 2010
LSE;��}'Z Subject: Building Permit Fees
At the last EDC meeting, the Committee asked staff to survey other communities permit
fees for those fees we are recommending to be changed. That survey is attached. Also, as a
result of the discussion at the meeting, we are recommending that temporary pools have a$0 fee
attached to the permit. Because the pools are still safety issues and are governed by the City's
property maintenance code, it is necessary to require a permit and inspection during their
installation.
Page 1 Permit Fee Comparison 03-31-10
i of i rkvi I le - P roposed t► - rm i t nges
,.,
777-- 5 L O $ 135
Commercial Driveway/Parking Lot $ 50 $ 90 Plus any consultants fee
In-ground Swimming Pool $ 50 $ 135
Above-ground Swimming Pool $ 50 $ 90
Plumbing Alteration(excluding Fixture replacement) $ 50 $ 135
Detached Garage $ 100 $ 180
Temporary Parking(travel trailers) $ 200 $ 50
Plumbing Inspection Fee $ - $ 45
Miscellaneous Inspections Variable $ 35
Surcharge(i.e.work performed without a permit) $ - $ 50 or 50%of the permit fee,whichever is greater
$50 first re-inspect
$100 $75 second re-inspect
Re-inspections (per inspection) $100 third re-inspect
Portable(temporary)Swimming Pool $ 50 $
blew—Resisfen,in1 $ - $ 100 Plus any consultant fees
Page 1
Page 2 Permit Fee Comparison 03-31-10
N6w C om.nF_I ia�l $ 75 rD Plus$0.20 per square fool
Addition—Commercial $ 500 Plus$0.20 per square fool
Alteration--Commercial $ 350 Plus$0.10 per square foot
New_Multiple-Family Residential $ 350 Plus$0.15 per square foot
Alteration—Multiple-Family Residential $ 175 Plus$0.10 per square foot
New—One&Two Family Dwelling Residential $ 650 Plus$0.20 per square foot
Addition One&Two Family Residential $ 125 Plus$0.10 per square foot
Alteration—One&Two Family Residential $ 50 Plus$0.05 per square fool
CommerciallResidential Roofing $ 50
Fence,Patio,Window Replacement,&Siding $ 50
Residential Driveway $ 50
Storage Shed,Pergola,Arbor,or Gazebo $ 50
Electrical Service Panel Replacement $ 50
Electrical Alteration(excluding fixture replacement) $ 50
Sign Permit(without electric) $ 50
Sign Permit(with electric) $ 100
Demolition Permit $ 50
Building Relocation $ 50
Tent or similar type structure $ 50
Elevator/Escalator Units $ 50 plus any consultant fees
"Other"permits not listed $ 50
'Occupancy Permit" $ 50
"Temporary Occupancy Permit" $ 200
Fire Detection/Alarm Systems $115.00 per 10,000 sq.ft.of floor area or any consultant fees
Engineering Re-Inspections $ 100
Fare Sprinkler Systems
Up to 200 $ 250
201 to 300 $ 300
301 to 500 $ 400
Over 500 $ 450 Plus$0.60 per sprinkler over 500 or any consultant fees
New—Cnw.rs2r I Rul-Jsr:g
1 to 60,000 cubic feet $ 355
60,001 to 60,000 cubic feet $ 400
80,001 to 100,000 cubic feet $ 475
100,001 to 150,000 cubic feel $ 550
150,001 to 200,000 cubic feel $ 650
Over 200,000 cubic feel $ 650 Plus$6.50 per 10,000 cubic feet over 200,000
Alteration--Commercial Building
i to 60,000 cubic feet $ 178
60,001 to 80,000 cubic feel $ 200
80,001 to 100,000 cubic feet $ 238
100,001 to 150,000 cubic feet $ 275
150,001 to 200,000 cubic feet $ 325
Over 200,000 cubic feel $ 325 Plus$3.25 per 10,000 cubic feet over 200,000
Alternative Fire Suppression Systems
Standpipe $ 175 per standpipe riser
Specialized extinguisher agent $ 125 per 50 pounds agent
Hood and duct cooking extin huisher agent S 150 flat rate per system
Page 2
VARIOUS MUNICIPALITIES
PERMIT FEES
MUNICIPALITY DECK COMM IN- ABOVE PLUMBING DETACHED TEMPORARY RESIDENITAL PLUMBING
(D) DRIVEWAY GROUND GROUND ALTERATION GARAGE PARKING PLAN INSPECTION
POOL POOL TRAVEL REVIEW FEE
A TRAILERS C
Yorkville 135 90 135 90 135 180 200 100 45
(Proposed)
Sugar Grove 89 60 + 300 55 300 243(F) No Permit 10% Permit 35
Consultant Fee
Fees
Plano 50 No Permit 50 50 B 51 per Drain 409 F No Permit 0 0
Oswego 96 325E 96 and up 96 142 H 230 F No Permit 168 50
Montgomery 68 30 9 per 100s ' 55 205 No Permit 125 50
Inf. 150
Kendall County 125 125 150 100 75 100 and up No Permit 176 50
Aurora 70 No Permit 446 (F) Inflatable 210 70 No Permit 10% 0
es
Minooka 35 245E 150 100 125 (H) 275 No Permit 100 40
North Aurora 69 No Permit 2811 00s ' 52 185 417 F No Permit 12%Permit Fee 95
St. Charles 70 70 1 185 55 151.40 H 90 No Permit 125(l) 65
(A) Includes temporary inflatable pools
(B) Only 8 In-ground pool permits issued, the Code Official said they lose money on each one
(C) Based on a 2,200 sq ft home
(D) Deck fee based on 340 sq ft
(E) Based on $22,000 Driveway
(F) Based on $25,000
(G) Residential only
(H) Based on $10,000 project
(1) Submittal Fee
Co. Reviewed By: Agenda Item Number
6 Legal ❑ � x •�
1836
Finance ❑
Engineer ❑
-� r� City Administrator F1 Tracking Number
Consultant ❑
Ckr
Agenda Item Summary Memo
Title: Committee Liaisons
Meeting and Date: EDC 514/10
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Name Department
Agenda Item Notes:
This item was tabled at the April Oh EDC meeting.
Reviewed By: Agenda Item Number
J� 006 Legal ❑ �' T '
EST �. 1936 Finance ❑
Engineer ❑ Tracking Number
r City Administrator ■
p Consultant ❑
.,C�, �
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Agenda Item Summary Memo
Title: Route 47 Project— Sign Relocations
Meeting and Date: EDC 5/4/10
Synopsis:
Council Action Previously Taken:
Date of Action: CC 4127/10 Action Taken: Discussion
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Laura Schraw Community Development
Name Department
Agenda Item Notes:
Cl,,. Memorandum
z, -0
EST 1 'L � ,aas To: Bart Olson, City Administrator
Paul Zabel, Code Official
-< From: Laura Schraw, City Park Designer
8 g
�� CC: ]en Woodrick, Administrative Assistant
E �`,v� Date: April 22, 2010
C
Subject: IDOT Route 47 Sign Relocations
At the April 6"' EDC meeting, IDOT's need to relocate various signs along the Route 47 and
Route 34 corridor were discussed. EDC agreed that the relocation or replacement of any sign
should not be a financial burden to the business owner,but they would still like to see all signs
affected brought into conformance as long as IDOT is taking care of the cost.
Paul Zabel and 1 met with Steve Andrews and Gary Dorton, both with IDOT, on Thursday, April
22nd, and reviewed the signs that will be. affected. We provided IDOT with a sign evaluation
worksheet (see attached) for their use to determine if a sign meets our current code and could be
moved ($50 permit fee+ moving cost),be brought into conformance (unknown cost) or apply for
a variance ($585 application fee +property owner's costs + moving cost).
IDOT will be giving the business owner money to complete the work after their appraiser
determines a final cost. The owner will then have to 1) move the sign 2) apply for a variance or
3) hire a contractor to reconstruct their sign to City code, each with the money provided. IDOT's
concern is if they pay a sign owner for a variance fee,have the sign owner apply for a variance,
and have Yorkville deny it. MOT also cannot provide us with the agreement that they made with
the property owner, so the City will not know the monetary amount. An owner could
conceivably receive money for a sign to come into compliance and then apply for a variance.
Although IDOT hopes that does not occur, the City should determine which signs can be
relocated and which shall be reconstructed.
Staff recommended that upon completion of IDOT's evaluation, if there are specific signs that
IDOT would like to leave in their current locations or condition, they provide the evaluation to
the City with that request.
For example, signs are to be constructed of like materials:
8-11-9 A.1. Freestanding signs must be constructed with the base and supporting
columns, ifpresent, constructed of the same brick, stone or masonry material that the
exterior walls of the principal building are made of
IDOT could request that a sign, if for a residential or commercial business that is made with
concrete foundation and aluminum siding,be allowed to exist as a 2 pole sign.
Another example of a possible request:
8-11-6.C. Yard Requirements: Except as otherwise provided, signs shall be located at
least five feet (S)from any driveway and lot line.
If a sign has been constructed with stone pillars and is 2' from the right-of-way line, IDOT
would prefer not to move the sign due to the cost to reconstruct the stone pillars.
Although IDOT is working with the property owner, they are seeking direction from the City on
how to proceed with each sign to guarantee that this is completed in the most cost effective
matter.
Staff recommended that IDOT's evaluation on each sign's conformance be brought back to
Council for further discussion.
IDOT REFERENCE#(Parcel) 3KC-
Curbside Assessment for IDOT — Sign Worksheet
Sign Face
Location: Route 34 Route 47 Date
Visual assessment:
A. Sign Area (circle one): 32 SF and under Over 32 SF 64 SF Over 64 SF
B. Sign Height(circle one): 8 feet or under Over 8 feet (Based on centerline of road)
C. Yard Requirements (circle one): Sign is over 5 feet away from driveway/lot line. YES NO
Sign (if over 30") is within 25'sight triangle. YES NO
D. Illumination (circle one): Sign is illuminated. YES NO
Description:
E. Sign Maintenance (circle one): Sign is being maintained. YES NO
Description:
F. Abandoned Signs (circle one): Abandoned OR NOT Abandoned
Other- Message Board (circle one): Separate sign from existing sign YES NO
If half of existing sign; Less than Y2 of the SF of existing sign YES NO
Additional notes:
Curbside Assessment for IDOT — Compliance Worksheet
Appears to Comply Appears NOT to Comply
A. Sign Area (circle one):
32 SF sign or under Less than 3 acres Over 3 acres
OVER 32 SF sign Over 3 acres Less than 3 acres
64 SF sign Over 3 acres Less than 3 acres
OVER 64 SF sign Any acreage
Lot acreage:
B. Sign Height: Appears to be 8 feet or less Over 8 feet
Top of sign cannot be over 8' from the centerline of the road.
C. Yard Requirements:
Signs shall be located 5 feet from
any driveway and lot line. 5 feet or more Less than 5 feet
Signs over 30 inches tall may not be
located within the 25 foot sight
triangle (corner). Out of 25' triangle In 25'triangle
D. Illumination : The illumination of all signs shall be diffused or indirect.....exposed light bulbs, neon tuning,
flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted.
Diffused/indirect lighting Exposed lighting
E. Sign Maintenance : Good condition Poor condition
F. Abandoned Signs : NOT abandoned Abandoned
Other- Message Board : %of existing sign separate sign
more than Y2 of existing sign
Additional notes: