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Economic Development Packet 2013 01-02-13 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Wednesday, January 2, 2013 7:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: December 4, 2012 New Business: 1. EDC 2013-01 Building Permit Report for December 2012 2. EDC 2013-02 Building Inspection Report Summary for December 2012 3. EDC 2013-03 Ordinance Establishing a Downtown Business District 4. EDC 2013-04 Imperial Investments First Amendment to TIF Agreement 5. EDC 2013-05 TIF Redevelopment Agreement for TCB 123, LLC, dba Rowdy’s 6. EDC 2013-06 Kendall Crossing Preliminary Plat Old Business: Additional Business: 2013/2014 City Council Goals – Economic Development Committee Goal Priority Staff “Economic development (tourism, commercial development, other people’s money” 3.5 Krysti Barksdale-Noble & Bart Olson “Downtown improvement (public & private; downtown property cleanup” 4 Krysti Barksdale-Noble & Bart Olson “Stricter code enforcement on all property maintenance” 5 Pete Ratos & Krysti Barksdale-Noble “Public riverfront improvement (bridges to river islands)” 9 Krysti Barksdale-Noble “Tourism” 10 Krysti Barksdale-Noble “Metra extension (Oswego & Yorkville)” 10 Krysti Barksdale-Noble & Bart Olson United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Wednesday, January 2, 2013 7:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. December 4, 2012 □ Approved ________ □ As presented □ As amended --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2013-01 Building Permit Reports for December 2012 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2013-02 Building Inspection Report Summary for December 2012 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2013-03 Ordinance Establishing a Downtown Business District □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2013-04 Imperial Investments First Amendment to TIF Agreement □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. EDC 2013-05 TIF Redevelopment Agreement for TCB 123, LLC, dba Rowdy’s □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2013-06 Kendall Crossing Preliminary Plat □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Public Works _______________ Agenda Item Number Minutes Tracking Number Minutes of the Economic Development Committee – December 4, 2012 EDC – January 2, 2013 Majority Committee Approval Minute Taker Clerk’s Office Name Department 1 UNITED CITY OF YORKVILLE ECONOMIC DEVELOPMENT COMMITTEE Tuesday, December 4, 2012, 7:00pm City Conference Room In Attendance: Committee Members Chairman Marty Munns Alderman Jackie Milschewski Alderman Diane Teeling Alderman Carlo Colosimo Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble Alderman Chris Funkhouser Other Guests Tony Scott, Kendall County Record Matt Dieter, Rowdys Lynn Dubajic, YEDC Don Thatcher, Rowdys Tim Greyer Builders Mark Levan, Rowdys Joel Frieders, Whispering Meadows The meeting was called to order by Chairman Marty Munns at 7:00pm. Citizen Comments: None Minutes for Correction/Approval: September 4, 2012 The minutes were approved as read. New Business: 1. EDC-60 Building Permit Reports for November 2012 No discussion 2. EDC 2012-61 Building Inspection Report Summary for November 2012 No discussion 3. EDC 2012-62 B.U.I.L.D. Incentive Program Survey Results & Analysis Ms. Barksdale-Noble said there had been some discussion at a previous Council meeting about the success of the B.U.I.L.D. program. She referenced the recent survey that showed the program helped to stimulate development. She said 67% of the respondents said the program was very influential in them coming to Yorkville. There were 86% of the respondents who considered other communities, but came to Yorkville due to the program. The committee agreed there were enough positive statistics in the survey to move it forward to City Council. There were 69 single-family starts this year compared to 43 last year. This item will move forward to the December 11th Council meeting. DRAFT 2 4. EDC 2012-63 Briarwood/Cornerstone – Request for Permit Fee Reduction and Amendment of Covenants Bart Olson said Tim Greyer Builders is interested in lots currently bank-owned, but he is asking for permit fees to be reduced. There are 41 homes in this subdivision. The reduction in fees would be distributed among the Library, Fire District etc. and this would hopefully serve as a catalyst for building according to Mr. Olson. He is asking for a general consensus of reductions and the request will move forward to City Council. An annexation agreement amendment would then be initiated. Mr. Greyer is looking for a March decision deadline. Alderman Milschewski asked for an explanation of a river-crossing fee. Mr. Olson said it is a sewer recapture fee. The committee members were all in favor of the reduction and Chairman Munns also noted that the B.U.I.L.D. program should be discussed for this development. Administrator Olson said the fee reduction should encourage developers. He also noted the impact fees were eliminated, but the development fees were increased allowing more flexibility in how that money is used. This item will move forward to the Council consent agenda. 5. EDC 2012-64 Briarwood/Cornerstone – Acceptance of Subdivision Improvements An early subdivision agreement was passed a couple months ago according to Mr. Olson. Improvements were to be completed and the City would accept these early in exchange for bond reductions. Only one item on the punchlist is left to complete, but this will be done shortly and the engineer will recommend approval. This will move to the Council consent agenda. 6. EDC 2012-65 Inducement Resolution with TCB 123, LLC for 210 S. Bridge Street Bart Olson said potential purchasers of OJ’s Tap wish to renovate the building, but need TIF incentives from the City. The first step of the process is an Inducement Resolution. All committee members were OK with this step. Purchasers Don Thatcher, Mark Levan and Matt Dieter were in attendance. They summarized their renovation ideas for this business and said it could also include expansion into an adjacent unit. They expect to the sign the contract next week and would name the facility “Rowdys”. This item will move forward to the City Council on the consent agenda. 7. EDC 2012-66 Connection Fees for Water and Sanitary Services Chairman Munns said he asked to have this item on the agenda in order to initiate discussion with the sanitary district regarding their fees. He would like to see the fees reduced. It was noted by Alderman Colosimo that the County now has new Board members who hopefully will work with the City. He sees this is a good opportunity to start working with the County. Alderman Teeling concurred with this. It was agreed this item should be placed on a Public Works agenda. A new liaison will also be appointed to the Sanitary District. 3 Alderman Funkhouser suggested a study of fees from comparable sanitation districts. Ms. Barksdale-Noble said a preliminary study had been done and she will forward the results to the Public Works committee. Old Business: none Additional Business: Alderman Colosimo nominated Alderman Teeling as the Vice-Chairman for the EDC committee and Alderman Munns seconded that motion. Unanimous voice vote approval. There was no further business and the meeting adjourned at 7:19pm. Minutes respectfully submitted by Marlys Young Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Consultant _______________ Agenda Item Number NB #1 Tracking Number EDC 2013-01 Building Permit Report for December 2012 EDC – January 2, 2013 N/A N/A N/A Informational None All permits issued Dec. 1 – Dec. 27, 2012 D. Weinert Community Development Name Department C:\Users\Mostreko\Desktop\Bldg Permit Report Dec 2012.doc This Report is based on permits issued December 1 through December 27. Prepared by: D Weinert UNITED CITY OF YORKVILLE BUILDING PERMIT REPORT December 2012 TYPES OF PERMITS Number of Permits Issued SFD Single Family Detached B.U.I.L.D Single Family Detached Program Begins 1/1/2012 SFA Single Family Attached Multi- Family Apartments Condominiums Commercial Includes all Permits Issued for Commercial Use Industrial Misc. Construction Cost Permit Fees December 2012 12 0 0 0 0 7 0 5 224,437.00 10,392.50 Calendar Year 2012 561 32 37 0 0 111 0 381 18,287,174.00 898,964.46 Fiscal Year 2012 426 21 26 0 0 86 0 293 13,033,202.00 607,290.33 December 2011 12 0 0 0 7 0 5 127,876.00 2,605.85 Calendar Year 2011 559 43 0 0 129 0 387 15,164,116.00 471,534.60 Fiscal Year 2011 430 38 0 0 104 0 288 13,801,718.00 408,024.72 December 2010 20 1 0 0 9 0 10 368,795.00 19,386.67 Calendar Year 2010 614 42 6 0 119 0 447 22,878,564.00 526,797.39 Fiscal Year 2010 437 26 6 0 87 0 318 10,368,247.00 372,138.39 December 2009 23 0 0 0 8 0 15 925,114.00 22,318.00 Calendar Year 2009 575 56 8 0 161 0 350 80,903,795.00 836,716.70 Fiscal Year 2009 417 46 8 0 100 0 263 24,611,898.00 657,271.48 Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Consultant _______________ Agenda Item Number NB #2 Tracking Number EDC 2013-02 Building Inspection Report Summary for December 2012 EDC – January 2, 2013 All inspections scheduled from Dec. 1 – Dec. 28, 2012. D. Weinert Community Development Name Department DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 1 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 010 - PLF PLUMBING - FINAL 20100600 308 WALNUT ST 1 12 / 01 / 2012 PR 009 - RFR ROUGH FRAMING 20120022 2485 EMERALD LN 119 12 / 10 / 2012 PR 010 - REL ROUGH ELECTRICAL 12 / 10 / 2012 PR 011 - RMC ROUGH MECHANICAL 12 / 10 / 2012 PR 012 - PLR PLUMBING - ROUGH 12 / 10 / 2012 PR 013 - INS INSULATION 12 / 12 / 2012 PR 014 - ESS ENGINEERING - STORM 12 / 07 / 2012 PWK 021 - EFL ENGINEERING - FINAL INSPE 20120149 2451 EMERALD LN 116 12 / 05 / 2012 Commentsl : REFINAL PR 014 - FIN FINAL INSPECTION 20120217 1282 CLEARWATER DR 250 12 / 20 / 2012 PR 015 - PLF PLUMBING - FINAL 12 / 20 / 2012 PWK 016 - EFL ENGINEERING - FINAL INSPE 12 / 20 / 2012 PR 012 - PPF PRE - POUR , COMMERCIAL FLOO 20120238 101 W VAN EMMON ST 12 / 03 / 2012 PR 013 - PPS PRE - POUR , SLAB ON GRADE 12 / 04 / 2012 PR 017 - PPS PRE - POUR , SLAB ON GRADE 20120301 704 E VETERANS PKWY 2 12 / 01 / 2012 PR 08 : 30 018 - PPF PRE - POUR , COMMERCIAL FLOO 12 / 04 / 2012 PR _ 019 - REL ROUGH ELECTRICAL 12 / 06 / 2012 Commentsl : ABOVE CEILING PR PM 020 - REL ROUGH ELECTRICAL 12 / 10 / 2012 Commentsl : CT CABINET PR 021 - PLF PLUMBING - FINAL 12 / 19 / 2012 PR 022 - FEL FINAL ELECTRIC 12 / 19 / 2012 PR AM 023 - FIN FINAL INSPECTION 12 / 27 / 2012 I PR AM 024 - PLF PLUMBING - FINAL 12 / 27 / 2012 PR _ 001 - FIN FINAL INSPECTION 20120311 412 E SOMONAUK ST 12 / 18 / 2012 Commentsl : ROOF I DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 2 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR 001 - FIN FINAL INSPECTION 20120325 401 E KENDALL DR 12 / 18 / 2012 Commentsl : ROOF PR 001 - FIN FINAL INSPECTION 20120344 201 E MAIN ST 12 / 18 / 2012 Commentsl : ROOF PR 001 - FIN FINAL INSPECTION 20120384 205 COUNTRYSIDE PKWY 31 12 / 18 / 2012 Commentsl : ROOF PR 001 - FIN FINAL INSPECTION 20120435 116 N CONOVER CT 12 / 18 / 2012 Commentsl : SIDING PR 001 - FIN FINAL INSPECTION 20120436 904 ADRIAN ST 12 / 18 / 2012 Commentsl : ROOF PR 002 - FIN FINAL INSPECTION 20120448 1652 N BEECHER RD 12 / 10 / 2012 Commentsl : ELECTRIC PR 004 - RFR ROUGH FRAMING 20120452 1426 ASPEN LN 118 12 / 07 / 2012 Commentsl : HOUSE WRAP PR 005 - REL ROUGH ELECTRICAL 12 / 14 / 2012 PR 006 - RFR ROUGH FRAMING 12 / 14 / 2012 PR 08 : 30 007 - INS INSULATION 12 / 20 / 2012 PR 015 - FIN FINAL INSPECTION 20120462 2384 TITUS DR 246 12 / 05 / 2012 PR 016 - PLF PLUMBING - FINAL 12 / 05 / 2012 PWK 017 - EFL ENGINEERING - FINAL INSPE 12 / 05 / 2012 PWK 016 - EFL ENGINEERING - FINAL INSPE 20120463 2394 TITUS DR 248 12 / 05 / 2012 PWK 016 - EFL ENGINEERING - FINAL INSPE 20120464 2379 TITUS DR 251 12 / 05 / 2012 Commentsl : BBOX PR 017 - FIN FINAL INSPECTION 12 / 10 / 2012 PR 018 - PLF PLUMBING - FINAL 12 / 10 / 2012 PWK 016 - EFL ENGINEERING - FINAL INSPE 20120474 1551 CRIMSON LN 2001 12 / 14 / 2012 Commentsl : BBOX IS OPERABLE PR 017 - FIN FINAL INSPECTION 12 / 18 / 2012 PR 018 - PLF PLUMBING - FINAL 12 / 18 / 2012 DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 3 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PWK 017 - EFL ENGINEERING - FINAL INSPE 20120475 2425 SAGE CT 2201 12 / 14 / 2012 Commentsl : BBOX IS OPERABLE PR 018 - PLF PLUMBING - FINAL 12 / 17 / 2012 PR 019 - FIN FINAL INSPECTION 12 / 17 / 2012 PWK 016 - EFL ENGINEERING - FINAL INSPE 20120476 2365 TITUS DR 252 12 / 05 / 2012 Commentsl : BBOX PR 017 - ESS ENGINEERING - STORM 12 / 07 / 2012 PR 018 - FIN FINAL INSPECTION 12 / 13 / 2012 PR 019 - PLF PLUMBING - FINAL 12 / 13 / 2012 PWK 015 - EFL ENGINEERING - FINAL INSPE 20120477 2388 TITUS DR 247 12 / 14 / 2012 Commentsl : BBOXIS OPERABLE PR 016 - FIN FINAL INSPECTION 12 / 14 / 2012 PR 017 - PLF PLUMBING - FINAL 12 / 14 / 2012 PR _ 003 - FIN FINAL INSPECTION 20120489 931 CANYON TR 128 12 / 12 / 2012 Commentsl : FENCE PR 004 - FIN FINAL INSPECTION 20120498 1800 MARKETVIEW DR 12 / 20 / 2012 Commentsl : PROPANE INSTALL PR 009 - RFR ROUGH FRAMING 20120502 1543 CRIMSON LN 1901 12 / 05 / 2012 PR 010 - REL ROUGH ELECTRICAL 12 / 05 / 2012 PR 011 - RMC ROUGH MECHANICAL 12 / 05 / 2012 PR 012 - PLR PLUMBING - ROUGH 12 /05 / 2012 PR 013 - INS INSULATION 12 / 07 / 2012 PR PM 001 - PHF POST HOLE - FENCE 20120503 1394 CORALBERRY CT 116 12 / 06 / 2012 PR 002 - FIN FINAL INSPECTION 12 / 20 / 2012 PR 001 - FIN FINAL INSPECTION 20120515 406 WALNUT ST 12 / 07 / 2012 Commentsl : ROOF PR 010 - RFR ROUGH FRAMING 20120519 2393 TITUS DR 250 12 / 11 / 2012 DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 4 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PR _--- 011 - REL ROUGH ELECTRICAL 12 / 11 / 2012 PR 012 - RMC ROUGH MECHANICAL 12 / 11 / 2012 PR 013 - PLR PLUMBING - ROUGH 12 / 11 / 2012 PR 014 - INS INSULATION 12 / 13 / 2012 PR 015 - ESS ENGINEERING - STORM 12 / 06 / 2012 PR 009 - RFR ROUGH FRAMING 20120520 2345 TITUS DR 255 12 / 13 / 2012 PR 010 - REL ROUGH ELECTRICAL 12 / 13 / 2012 011 - RMC ROUGH MECHANICAL 12 / 13 / 2012 PR 012 - PLR PLUMBING - ROUGH 12 / 13 / 2012 PR __- 013 - INS INSULATION 12 / 17 / 2012 PR 008 - RFR ROUGH FRAMING 20120521 2353 TITUS DR 254 12 / 07 / 2012 PR 009 - REL ROUGH ELECTRICAL 12 / 07 / 2012 PR 010 - RMC ROUGH MECHANICAL 12 / 07 / 2012 PR 011 - PLR PLUMBING - ROUGH 12 / 07 / 2012 PR 012 - INS INSULATION 12 / 11 / 2012 PR ----- 013 - ESS ENGINEERING - STORM 12 / 06 / 2012 PR ____ AM 004 - PLU PLUMBING - UNDERSLAB 20120522 462 OMAHA DR 82 12 / 14 / 2012 PR 005 - GAR GARAGE FLOOR 12 / 14 / 2012 PR 006 - BSM BASEMENT FLOOR 12 / 14 / 2012 PR -_- 007 - STP STOOP 12 / 14 / 2012 1 PR -_-- 008 - RFR ROUGH FRAMING 12 / 20 / 2012 PR ----- 009 - PLR PLUMBING - ROUGH 12 / 20 / 2012 PR 010 - REL ROUGH ELECTRICAL 12 / 20 / 2012 PR 011 - RMC ROUGH MECHANICAL 12 / 20 / 2012 i DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 5 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 012 - INS INSULATION 12 / 26 / 2012 PR 009 - RFR ROUGH FRAMING 20120528 2359 TITUS DR 253 12 / 18 / 2012 PR 010 - REL ROUGH ELECTRICAL 12 / 18 / 2012 PR 011 - RMC ROUGH MECHANICAL 12 / 18 / 2012 PR 012 - PLR PLUMBING - ROUGH 12 / 18 / 2012 PR 013 - INS INSULATION 12 / 20 / 2012 PR PM 003 - REL ROUGH ELECTRICAL 20120531 728 E VETERANS PKWY STE 1 12 / 18 / 2012 Commentsl : ABOVE CEILILNG PR 004 - RMC ROUGH MECHANICAL 12 / 18 / 2012 PR 005 - PLR PLUMBING - ROUGH 12 / 18 / 2012 PR 005 - PLR PLUMBING - ROUGH 20120532 728 E VETERANS PKWY STE 1 12 / 04 / 2012 PR 006 - REL ROUGH ELECTRICAL 12 / 04 / 2012 PR 007 - PLR PLUMBING - ROUGH 12 / 04 / 2012 PR PM 008 - REL ROUGH ELECTRICAL 12 / 18 / 2012 PR 009 - RMC ROUGH MECHANICAL 12 / 18 / 2012 PR 010 - PLR PLUMBING - ROUGH 12 / 18 / 2012 PR 002 - RFR ROUGH FRAMING 20120538 1801 S BRIDGE ST 12 / 19 / 2012 PR 003 - REL ROUGH ELECTRICAL 12 / 19 / 2012 PR AM 001 - PPS PRE - POUR , SLAB ON GRADE 20120540 110 PARK ST 12 / 27 / 2012 PR 003 - BKF BACKFILL 20120546 1322 DEERPATH DR 224 12 / 04 / 2012 PR 001 - FIN FINAL INSPECTION 20120547 709 PARKSIDE LN 115 12 / 01 / 2012 PR 001 - PHF POST HOLE - FENCE 20120553 2551 ALAN DALE LN 122 12 / 13 / 2012 PR 002 - FIN FINAL INSPECTION 12 / 14 / 2012 PR PM 002 - FIN FINAL INSPECTION 20120556 1292 DEERPATH DR 227 12 / 03 / 2012 Commentsl : FENCE i �I DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 6 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR PM 002 - BKF BACKFILL 20120559 2368 TITUS DR 243 12 / 05 / 2012 PR 003 - SUM SUMP 12 / 06 / 2012 PR 004 - BSM BASEMENT FLOOR 12 / 13 / 2012 PR 005 - GAR GARAGE FLOOR 12 / 13 / 2012 PR 006 - STP STOOP 12 / 13 / 2012 PR 007 - PLU PLUMBING - UNDERSLAB 12 / 13 / 2012 PR 001 - FTG FOOTING 20120560 1491 CRIMSON LN 1401 12 / 04 / 2012 PR 002 - BKF BACKFILL 12 / 10 / 2012 PR 003 - SUM SUMP 12 / 07 / 2012 PR 004 - ESW ENGINEERING - SEWER / WAT 12 / 14 / 2012 PR 005 - BSM BASEMENT FLOOR 12 / 18 / 2012 PR 006 - GAR GARAGE FLOOR 12 / 18 / 2012 PR 007 - STP STOOP 12 / 18 / 2012 PR 001 - PLU PLUMBING - UNDERSLAB 20120561 728 E VETERANS PKWY # 113 12 / 05 / 2012 PR 002 - UGE UNDERGROUND ELECTRIC 12 / 06 / 2012 PR AM 002 - BKF BACKFILL 20120566 2374 TITUS DR 244 12 / 04 / 2012 PR 003 - SUM SUMP 12 / 06 / 2012 PR --__- 004 - BSM BASEMENT FLOOR 12 / 13 / 2012 PR 005 - GAR GARAGE FLOOR 12 / 13 / 2012 PR 006 - STP STOOP 12 / 13 / 2012 PR 007 - PLU PLUMBING - UNDERSLAB 12 / 13 / 2012 PR AM 002 - BKF BACKFILL 20120567 2311 TITUS DR 258 12 / 04 / 2012 PR 003 - SUM SUMP 12 / 07 / 2012 PR 004 - BSM BASEMENT FLOOR 12 / 13 / 2012 I DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 7 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE PR 005 - GAR GARAGE FLOOR 12 / 13 / 2012 PR 006 - STP STOOP 12 / 13 / 2012 PR 007 - PLU PLUMBING - UNDERSLAB 12 / 13 / 2012 PR PM 001 - FTG FOOTING 20120568 2426 SAGE CT 3001 12 / 03 / 2012 PR AM 002 - BKF BACKFILL 12 / 10 / 2012 PR 003 - ESW ENGINEERING - SEWER / WAT 12 / 14 / 2012 PR 004 - BSM BASEMENT FLOOR 12 / 18 / 2012 PR 005 - GAR GARAGE FLOOR 12 / 18 / 2012 PR 006 - STP STOOP 12 / 18 / 2012 PR 007 - PLU PLUMBING - UNDERSLAB 12 / 18 / 2012 PR PM 002 - BKF BACKFILL 20120569 2539 EMERALD LN 125 12 / 05 / 2012 PR 003 - ESW ENGINEERING - SEWER / WAT 12 / 14 / 2012 PR 09 : 30 001 - REL ROUGH ELECTRICAL 20120570 1863 WALSH DR 58 12 / 18 / 2012 PR 09 : 30 002 - RFR ROUGH FRAMING 12 / 18 / 2012 Commentsl : BASEMENT FINSIH PR 003 - INS INSULATION 12 / 20 / 2012 PR 13 : 00 001 - PLR PLUMBING - ROUGH 20120571 322 BLACKBERRY LN 51 12 / 03 / 2012 PR 13 : 00 002 - REL ROUGH ELECTRICAL 12 / 03 / 2012 PR PM 001 - FTG FOOTING 20120573 204 BEAVER ST 12 / 17 / 2012 PR AM 002 - ESW ENGINEERING - SEWER / WAT 12 / 27 / 2012 i PR 001 - FIN FINAL INSPECTION 20120575 596 W BARBERRY CIR 7 12 / 05 / 2012 Commentsl : ROOF PR 12 : 00 001 - PHF POST HOLE - FENCE 20120577 884 PARKSIDE LN 189 12 / 04 / 2012 PR 002 - FIN FINAL INSPECTION 12 / 13 / 2012 Commentsl : FENCE PR 11 : 00 001 - PHF POST HOLE - FENCE 20120582 210 E CENTER ST 10 12 / 19 / 2012 DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 8 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PERMIT TYPE SUMMARY : ACC ACCESSORY BUILDING 1 ADD ADDITION 8 BIP BUILD INCENTIVE PROGRAM SFD 61 BSM BASEMENT REMODEL 3 COM COMMERCIAL BUILDING 10 CRM COMMERCIAL REMODEL 11 DRV DRIVEWAY 1 ELE ELECTRICAL UPGRADE 1 FNC FENCE 9 REM REMODEL 3 ROF ROOFING 7 SFD SINGLE - FAMILY DETACHED 40 SID SIDING 1 WIN WINDOW REPLACEMENT 1 INSPECTION SUMMARY : BKF BACKFILL 7 BSM BASEMENT FLOOR 6 EFL ENGINEERING - FINAL INSPECTION 9 ESS ENGINEERING - STORM 4 ESW ENGINEERING - SEWER / WATER 4 FEL FINAL ELECTRIC 1 FIN FINAL INSPECTION 24 FTG FOOTING 3 GAR GARAGE FLOOR 6 INS INSULATION 9 PHF POST HOLE - FENCE 4 PLF PLUMBING - FINAL 10 PLR PLUMBING - ROUGH 12 PLU PLUMBING - UNDERSLAB 6 PPF PRE - POUR , COMMERCIAL FLOOR 2 PPS PRE - POUR , SLAB ON GRADE 3 REL ROUGH ELECTRICAL 16 RFR ROUGH FRAMING 11 RMC ROUGH MECHANICAL 9 STP STOOP 6 j SUM SUMP 4 UGE UNDERGROUND ELECTRIC 1 INSPECTOR SUMMARY : PR PETER RATOS 148 PWK PUBLIC WORKS 9 STATUS SUMMARY : C PR 19 C PWK 2 I PR 116 I PWK 1 DATE : 12 / 27 / 2012 UNITED CITY OF YORKVILLE PAGE : 9 TIME : 10 : 02 : 57 CALLS FOR INSPECTION REPORT ID : PT4A000O . WOW INSPECTIONS SCHEDULED FROM 12 / 01 / 2012 TO 12 / 28 / 2012 i INSPECTOR SCHED . COMP . TIME TYPE OF INSPECTION PERMIT ADDRESS LOT DATE DATE T PR 13 T PWK 6 REPORT SUMMARY : 157 I I I Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #3 Tracking Number EDC 2013-03 Downtown Business District Ordinance Economic Development – January 2, 2013 Nov 2012 Public hearing on redevelopment plan Majority Approval See attached memo. Bart Olson Administration Name Department 1 Summary Proposal to create a downtown business district over a group of properties owned by Imperial Investments. Background This item was last discussed at the November 13th City Council meeting. At that meeting, the City Council held a public hearing on the attached business district plan. The final step in the creation of the business district is to approve the attached ordinance establishing the business district. The last time the disbursement of the business district tax proceeds was discussed by the City Council was at the October EDC meeting. At the time, the developer was proposing that the city impose a 0.5% business district sales tax which the City would retain to do public improvements within the business district. Since that meeting, the developer has amended their request to a 1% business district tax that would be disbursed entirely to the developer. This request is borne out of several recent, unplanned and expensive development expenses (sanitary district connection fees, sprinkler system installation, parking facilities, etc.). The staff finds this request acceptable, as the original proposal for the business district was to remit the entire business district tax to the developer for development expenses. The ordinance is drafted for a maximum 1% business district sales tax. The remittance of the business district sales tax to the developer is accomplished in the next agenda item – the first amendment to the Imperial Investments TIF agreement. Attorney Orr felt it would be cleanest to include the business district remittance in the TIF agreement, where all other TIF incentives are authorized. The geographic boundaries of the business district are the same as was originally proposed. The business district will only incorporate properties owned by Imperial Investments, and the money collected from those businesses can only be used within the business district. In this case, the money will be used on business-district-eligible expenses 1 that the developer incurs as part of the development of their properties. Reimbursement to the developer would occur via the same process under the existing TIF agreement. Recommendation Staff recommends approval of the business district ordinance. 1 A list of business district eligible expenses is appended to this memo. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 27, 2012 Subject: Downtown Business District Ordinance 2 List of business district eligible expenses http://ilga.gov/legislation/ilcs/ilcs4.asp?DocName=006500050HArt%2E+11+Div%2E+74%2E3&ActID =802&ChapterID=14&SeqStart=208100000&SeqEnd=208900000 (65 ILCS 5/11-74.3-5) Sec. 11-74.3-5. Definitions. The following terms as used in this Law shall have the following meanings: "Business district project costs" shall mean and include the sum total of all costs incurred by a municipality, other governmental entity, or nongovernmental person in connection with a business district, in the furtherance of a business district plan, including, without limitation, the following: (1) costs of studies, surveys, development of plans and specifications, implementation and administration of a business district plan, and personnel and professional service costs including architectural, engineering, legal, marketing, financial, planning, or other professional services, provided that no charges for professional services may be based on a percentage of tax revenues received by the municipality; (2) property assembly costs, including but not limited to, acquisition of land and other real or personal property or rights or interests therein, and specifically including payments to developers or other nongovernmental persons as reimbursement for property assembly costs incurred by that developer or other nongovernmental person; (3) site preparation costs, including but not limited to clearance, demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading of land; (4) costs of installation, repair, construction, reconstruction, extension, or relocation of public streets, public utilities, and other public site improvements within or without the business district which are essential to the preparation of the business district for use in accordance with the business district plan, and specifically including payments to developers or other nongovernmental persons as reimbursement for site preparation costs incurred by the developer or nongovernmental person; (5) costs of renovation, rehabilitation, reconstruction, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures within the business district, and specifically including payments to developers or other nongovernmental persons as reimbursement for costs incurred by those developers or nongovernmental persons; (6) costs of installation or construction within the business district of buildings, structures, works, streets, improvements, equipment, utilities, or fixtures, and specifically including payments to developers or other nongovernmental persons as reimbursements for such costs incurred by such developer or nongovernmental person; (7) financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued under this Law that accrues during the estimated period of construction of any development or redevelopment project for which those obligations are issued and for not exceeding 36 months thereafter, and any reasonable reserves related to the issuance of those obligations; and 3 (8) relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law. "Business district tax allocation fund" means the special fund to be established by a municipality for a business district as provided in Section 11-74.3-6. "Dissolution date" means the date on which the business district tax allocation fund shall be dissolved. The dissolution date shall be not later than 270 days following payment to the municipality of the last distribution of taxes as provided in Section 11-74.3-6. (Source: P.A. 96-1394, eff. 7-29-10; 96-1555, eff. 3-18-11; 97-333, eff. 8-12-11.) Summary Proposal to create a downtown business district over a group of properties owned by a single entity. Background This item was last discussed by the City Council at the July COW meeting. The packet materials from that meeting are attached. The Council was in favor of the business district proposal as presented. After the meeting, the developer requested postponement of the business district while other matters were attended to. After a few weeks, Imperial Investments approached the City with a slightly different proposal. Instead of imposing a 0.5% business district tax and the City committing to remit all proceeds to the developer for on-site project development costs (building construction, land acquisition, etc.), the developer has requested the business district tax be collected and remain with the City for purposes of improving public infrastructure within the district. This money could be used for sidewalks, streetlights, parking lot upgrades, utility relocation, and other items. The geographic boundaries of the business district are the same as was proposed a few weeks ago. The business district will only incorporate properties owned by Imperial Investments, and the money collected from those businesses can only be used within the business district. A business district eligibility report and business district plan are attached for your review. The creation of a business district requires a public hearing, as discussed in the attached memo from Attorney Orr. Recommendation Because the business district and incremental sales tax has been requested by the property owner, staff recommends approval of the creation of the downtown business district. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: September 26, 2012 Subject: Downtown Business District Ordinance No. 2013-____ Page 1 Ordinance No. 2013-_____ AN ORDINANCE DESIGNATING THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, DOWNTOWN YORKVILLE BUSINESS DEVELOPMENT DISTRICT AND IMPOSING A RETAILERS’ SERVICE AND OCCUPATION TAX THEREIN BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the “City”) is authorized, pursuant to the provisions of the Business District Development and Redevelopment Law, 65 ILCS 5/11-74.3-1, et seq. (the “Act”), to designate business districts to promote development or redevelopment in the City and to impose a retailers’ occupation tax, a service occupation tax, and a hotel operators’ occupation tax therein and to issue bonds to provide for the payment of business district project costs. Section 2. Findings. (a) The designation of the area hereinafter described as the Downtown Yorkville Business Development District (the “Business District”) was considered at a public hearing held on November 13, 2012 (the “Public Hearing”). The Public Hearing was held pursuant to notices duly published twice in a newspaper of general circulation within the City not more than thirty (30) nor less than ten (10) days prior to the Public Hearing. Said notices conform in all respects to the requirements of the Act. (b) At the Public Hearing, all interested persons were given an opportunity to be heard on the question of the designation of the Business District, the approval of a business district development and redevelopment plan for the Business District, the imposition of a retailers’ occupation tax and a service occupation tax in the Business District for the planning and for the payment of business district project costs as set forth in such plan, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund established hereinafter pursuant to the Act. (c) After considering the data as presented to the Mayor and City Council of the City (the “Corporate Authorities”) and at the Public Hearing, the Corporate Authorities find that it is in the best interests of the City and of the residents and property owners within the Business District that the Business District be designated. (d) The Business District is contiguous and includes only parcels of real property directly and substantially benefited by the proposed business district development plan as required by the Act. (e) The Business District conforms to the comprehensive plan of the City which was adopted in 2008. (f) The Business District is a blighted area that, by reason of defective, non-existent or inadequate street layout, deterioration of site improvements and improper or obsolete platting, Ordinance No. 2013-____ Page 2 thereby hindering the growth and development in the area, all as set forth in the business district plan prepared by Kathleen Field Orr & Associates of Chicago, Illinois. Due to such conditions, the Business District constitutes an economic liability upon the City and its residents. (f) The blighting factors as stated above are widely present throughout the Business District and therefore the Business District on the whole has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district plan. (g) It is in the best interests of the City that the Business District be designated in order to provide for the financing of the Business District project costs as set forth in the Business District Plan hereinafter described; that a retailers’ occupation tax and a service occupation tax be imposed in the Business District for the planning, execution, and implementation of the Business District Plan and for the payment of Business District Project costs as set forth in the Business District Plan; and, that obligations, if approved by the City, be issued to provide for the payment of Business District project costs secured by the Downtown Yorkville Business Development District Tax Allocation Fund established pursuant to the Act and hereinafter described. Section 3. Designation of the United City of Yorkville, Downtown Yorkville Business Development District. The “United City of Yorkville, Illinois, Downtown Yorkville Business Development District” is hereby designated for a period of twenty three (23) years from the date of adoption of this ordinance and shall consist of the contiguous territory legally described in the attached Exhibit A and outlined on a map in the attached Exhibit B, which exhibits are by this reference incorporated herein and made a part hereof. Section 4. Approval of the United City of Yorkville, Kendall County, Illinois, Downtown Yorkville Business Development District Plan. A plan for the development and redevelopment of the Business District (the “Business District Plan”), attached hereto as Exhibit C, and by this reference incorporated herein and made a part hereof, was presented to the Corporate Authorities and considered at the Public Hearing. The Business District Plan is found to conform to the requirements of the Act and to promote the public interest. The Business District Plan is hereby approved. Section 5. Imposition of Retailers’ Occupation Tax, Creation of Downtown Yorkville Business Development District Tax Allocation Fund. Pursuant to the Act, a tax is hereby imposed upon all persons engaged in the business of selling tangible personal property, other than an item of tangible personal property titled or registered with an agency of this State’s government, at retail within the boundaries of the Business District at the rate of one percent (1%) of the gross receipts from such sales made in the course of such business while this ordinance is in effect. Such tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. All businesses in the Business District affected by this tax are listed on Exhibit Ordinance No. 2013-____ Page 3 D, attached hereto and incorporated herein. The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. The proceeds of such tax shall be deposited into a special fund of the City which is hereby created and designated the “Downtown Yorkville Business Development District Tax Allocation Fund.” The tax imposed under this Section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. Section 6. Imposition of Service Occupation Tax. Pursuant to the Act, a tax is hereby imposed upon all persons engaged within the boundaries of the Business District in the business of making sales of service, at the rate of one percent (1%) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. All businesses in the Business District affected by this tax are listed on Exhibit D. The proceeds of this tax shall be used for the planning, execution and implementation of the Business District Plan, the payment of Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. The proceeds of such tax shall be deposited into the “Downtown Yorkville Business Development District Tax Allocation Fund.” The tax imposed under this Section and all civil penalties that may be assessed as an incident thereto shall be collected and enforced by the Illinois Department of Revenue. The Department of Revenue shall have full power to administer and enforce the provisions of this Section. Section 7. Filing. A certified copy of this Ordinance, together with a description of the boundaries of the Business District, shall be filed with the Department of Revenue immediately following its passage and shall be considered filed on or before April 1, 2013, in accordance with Section 1 of this Ordinance. Section 8. Supercede Conflicting Ordinance. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are repealed to the extent of such conflict. Section 9. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law and the Illinois Department of Revenue and City shall proceed to administer and enforce Sections 5 and 6 of this Ordinance on the first day of January next following the adoption and filing of this Ordinance with the Illinois Department of Revenue. Ordinance No. 2013-____ Page 4 United City of Yorkville, Kendall County, Illinois, this ____ day of _________________, A.D. 2013. CHRIS FUNKHOUSER ________ LARRY KOT _______ CARLO COLOSIMO ________ DIANE TEELING _______ JACKIE MILSCHEWSKI ________ MARTY MUNNS _______ ROSE ANN SPEARS ________ KEN KOCH _______ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this _____ day of _________________, A.D. 2013. ____________________________________ Mayor Attest: ______________________________ City Clerk Ordinance No. 2013-____ Page 5 EXHIBIT A Legal Description (see attached) Ordinance No. 2013-____ Page 6 EXHIBIT B Map of the Business District (see attached) Ordinance No. 2013-____ Page 7 EXHIBIT C Business District Development and Redevelopment Plan (see attached) Ordinance No. 2013-____ Page 8 EXHIBIT D Businesses within the Business District (see attached) 1 UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS DOWNTOWN BUSINESS DISTRICT DEVELOPMENT PLAN Prepared by: Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 935 Chicago, Illinois 60604 312.382.2113 2 UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS DOWNTOWN BUSINESS DISTRICT DEVELOPMENT PLAN I. INTRODUCTION The Business District Development and Redevelopment Act, as from time to time amended (65 ILCS 5/11-74.3-1 et seq.) (the “BDD Act”), provides the means for municipalities to revitalize and redevelop commercial areas and has been most successfully used in aging central downtown districts which lack the structures, parking and improvements mandated by modern retailing and business operations. The objectives of the BDD Act are to attract sound and stable commercial growth; to reduce or eliminate blighting conditions in order to attract private investment; and, to assure opportunities for development and redevelopment thereby enhancing the tax base of the municipality and all affected taxing districts. The purpose of this document, entitled “United City of Yorkville, Kendall County, Illinois, Downtown Business District Development Plan”, is to provide a redevelopment Plan (the “Business District Plan”), for those properties included in the Yorkville Downtown Business District (the “Downtown Business District”) legally described on Exhibit A, attached hereto and as depicted on the map attached hereto as Exhibit B. The Downtown Business District includes approximately 1.16715 acres and is characterized by structures at least fifty (50) years and older. The City has been advised that the Downtown Business District qualifies as a business district pursuant to the BDD Act, pursuant to an Eligibility Report attached hereto as a business district pursuant to the BDD Act and to an Eligibility Report attached hereto as Exhibit C, which report analyzes the blighting factors now found within the proposed Downtown Business District. The City believes that the Downtown Business District would benefit from the designation as a “business district” as such designation empowers the Mayor and City Council of the United City of Yorkville (the “Corporate Authorities”): (1) To make and enter into all contracts necessary or incidental to the implementation and furtherance of a business district plan. A contract by and between the municipality and any developer or other nongovernmental person to pay or reimburse said developer or other nongovernmental person for business district project costs incurred or to be incurred by said developer or other nongovernmental person shall not be deemed an economic incentive agreement under Section 8-11-20, notwithstanding the fact that such contract provides for the sharing, rebate, or payment of retailers’ occupation taxes or service occupation taxes (including, without limitation, service occupation taxes (including, without limitation, taxes imposed pursuant to subsection (10)) the municipality receives from the development or redevelopment of properties in the business district. Contracts entered into pursuant to this subsection shall be binding upon successor corporate authorities of the 3 municipality and any party to such contract may seek to enforce and compel performance of the contract by civil action, mandamus, injunction, or other proceeding. (2) Within a business district, to acquire by purchase, donation of land and other real or personal property or rights or interests therein; and to grant or acquire licenses, easements, and options with respect thereto, all in the manner and at such price authorized by law. No conveyance, lease, mortgage, disposition of land agreement relating to the development of property, shall be made or executed except pursuant to prior official action of the municipality. No conveyance, lease, mortgage, or other disposition of land owned by the municipality, and no agreement relating to the development of property, within a business district shall be made without making public disclosure of the terms and disposition of all bids and proposals submitted to the municipality in connection therewith. (3) To clear any area within a business district by demolition or removal of any existing buildings, structures, fixtures, utilities, or improvements, and to clear and grade land. (4) To install, repair, construct, reconstruct, or relocate public streets, public utilities, and other public site improvements within or without a business district which are essential to the preparation of a business district for use in accordance with a business district plan. (5) To renovate, rehabilitate, reconstruct, relocate, repair, or remodel any existing buildings, structures, works, utilities, or fixtures within a business district. (6) To construct public improvements, including but not limited to buildings, structures, works, utilities, or fixtures within any business district. (7) To fix, charge, and collect fees, rents, and charges for the use of any building, facility, or property or any portion thereof owned or leased by the municipality within a business district. (8) To pay or cause to be paid business district project costs. Any payments to be made by the municipality to developers or other nongovernmental persons for business district project costs incurred by such developer or other nongovernmental person shall be made only pursuant to the prior official action of the municipality evidencing an intent to pay or cause to be paid such business district project costs. A municipality shall adopt such accounting procedures as shall be necessary to determine that such business district project costs are properly paid. (9) To apply for and accept grants, guarantees, donations of property or labor or any other thing of value for use in connection with a business district project. 4 (10) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a retailers’ occupation tax and a service occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for business district project costs as set forth in the business district plan approved by the municipality. (11) If the municipality has by ordinance found and determined that the business district is a blighted area under this Law, to impose a hotel operators’ occupation tax in the business district for the planning, execution, and implementation of business district plans and to pay for the business district project costs as set forth in the business district plan approved by the municipality. In order to impose a tax pursuant to item (11) or item (12) cited above, the Corporate Authorities shall undertake the following: 1. Hold a public hearing prior to designation of the business district and approval of the business district development plan. 2. Affirms that the area proposed to be designated as a business district is contiguous and includes such parcels of real property as shall be directly and substantially benefitted by the proposed development. 3. Shall find that the proposed is a blighted area and has not been subject to growth and development through private investment and without a business district development plan is not reasonably anticipated to be developed. Upon the finding that the proposed Business District is “blighted,” as hereinafter defined, the Retailers’ Occupation Tax may be imposed in quarter percent (.25%) increments at a total rate not to exceed one percent (1%) of the gross receipts from such sales made in the Downtown Business District in the course of selling tangible personal property, other than an item of tangible personal property titled and registered with an agency of the state’s government. The Retailers’ Occupation Tax may not be imposed for more than 23 years and may not be imposed on “food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and non-prescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. A Service Occupation Tax may be imposed in a quarter percent (.25%) increments at a total rate not to exceed one percent (1%) of the selling price of tangible personal property so within the Business District incident to making sales of service. The Retailer’s Occupation Tax and Service Occupation Tax shall hereafter collectively be referred to as “Sales Taxes.” Sales Taxes, if imposed, shall be collected by the Illinois Department of Revenue and then disbursed to the City. 5 The BDD Act defines a “blighted area” as: “Blighted area” means an area that is a blighted area which, by reason of the predominance of defective, non-existent, or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire or other causes, or any combination of those factors, retards the provision of housing accommodations or constitutes an economic or social liability, an economic underutilization of the area, or a menace to the public health, safety, morals, or welfare.” Given the Eligibility Report which concludes that the Downtown Business District is a blighted commercial area as defined by the BDD, the City desires to proceed with all other actions required under the BDD Act to impose such taxes as permitted thereby in order to implement this Business District Plan. 6 II. THE UNITED CITY OF YORKVILLE The United City of Yorkville is located 50 miles southwest of Chicago in the Fox River Valley of Kendall County. The City is generally bounded on the north by the Villages of Montgomery and Sugar Grove; the Village of Oswego on the East, the City of Plano on the west and the City of Morris on the south. The town of Yorkville was originally settled in 1832 south of the Fox River as an agricultural business center with a downtown district along the Fox River on Bridge Street. From the beginning, the City was a growing area which was soon reinforced by the designation of Yorkville as the County Seat in 1859. Yorkville was incorporated as a village in 1874. Simultaneously, on the north bank of the Fox River, the town of Bristol was also growing and incorporated in 1861 until it combined with Yorkville in 1957, hence the name the “United City of Yorkville”. Yorkville has grown from a population of 6,189, as of the census of 2000, to its current population of 16,921 per the 2010 census. During this decade, the City has annexed hundreds of acres for development as residential subdivisions while also developing new commercial corridors and an industrial park. Its attraction to tourists as a recreational destination has recently grown due to the opening of the Marge Cline Whitewater Course at the Glen D. Palmer Dam located at the City’s Bicentennial Riverfront Park. 7 III. DOWNTOWN BUSINESS DISTRICT BOUNDARIES The proposed Downtown Business District encompasses some of the oldest properties and oldest structures of Yorkville in the City’s historic downtown area which is a mixed use area with a wide range of commercial and retail uses, restaurants, residences, public and civic uses, and several industrial uses. The Downtown Business District constitutes a portion of the historic downtown bounded on the east by Bridge Street, on the south by Van Emmon Street, on the west by Main Street and on the north by Hydraulic Street. Until 1970, the historic downtown area was the City’s only business district when the City annexed 1.16715 acres at US Route 34 and substantial retail development has occurred with major “big box” users coming to the City. As a result of this new development and general market changes, the historic downtown area has not benefitted from new private investment. With the improvements to Bicentennial Riverfront Park, a new interest in the historic downtown area has been sparked. In 2006, the City of Yorkville designated the Downtown Yorkville Tax Increment Financing Redevelopment Project Area (“Downtown TIF District”) pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (the “TIF Act”) which includes approximately 200 acres inclusive of streets and rights-of-way. The benefits of the TIF Act remain to be realized but it is evidence of the City’s commitment to recognize the changing requirements for development and redevelopment and to pursue all avenues to achieve opportunities for growth and redevelopment. The Downtown Business District is the City’s effort to focus on the commercial development of a portion of the Downtown TIF District and to apply the benefits of the BDD Act to a specific commercial strip to increase the interest in this area and excitement to attract private investment in the entire district. A list of the parcels included in the Downtown Business District is attached hereto as Exhibit D. 8 IV. DOWNTOWN BUSINESS DISTRICT GOALS General goals for the Yorkville Downtown Business District include, but are not limited to, the following: $ To create an environment that will contribute more positively to the health, safety and general welfare of the City; $ To improve infrastructure that will provide safe and efficient access to the parcels and detention/retention to address stormwater needs; $ To encourage new investment and development that will increase the value of properties within and adjacent to the Downtown Business District, improving the real estate and sales tax base; $ To increase construction, part-time, and full-time employment opportunities for residents and non-residents of the City; $ To maintain and enhance the viability of the City’s historic downtown as a commercial center; $ To eliminate the factors that qualified the Downtown Business District as a blighted area; and, $ To provide a strong, positive visual image of the Downtown Business District through attractive and high-quality building design and site improvements, and landscaping. $ To develop a land use pattern which promotes the highest degrees of health, safety and the well-being of the community. 9 V. DOWNTOWN BUSINESS DISTRICT PROJECTS The City proposes to achieve its development and redevelopment goals for the Downtown Business District through the use of public financing techniques and the imposition of Sales Taxes as authorized under the BDD Act to undertake the activities, improvements and projects described below. The City also maintains the flexibility to undertake additional activities, improvements and projects authorized under the BDD Act and other applicable laws, if the need for activities, improvements and projects changes as redevelopment occurs in the Downtown Business District, including: • Construct buildings and facilities; • Revitalize and upgrade buildings through site planning, façade improvements, and construction methods that provide cohesive urban design features, provide focus to the streetscape and buildings in the Downtown Business District, and quality building materials; • Improve streetscape design, pedestrian access, distinctive lighting, signage and landscaping, and other appropriate site amenities; • Redesign site to improve access, which may require the demolition and replacement of buildings; • Provide and upgrade infrastructure to serve the development, including the construction of and improvements to utility and stormwater management infrastructure; • Create convenient parking areas as mandated by users no longer within walking distances; • Study of utility services to the Downtown Business District and the reconfiguration of such utility services to sufficiently serve the developments; • Construction of streetscape enhancements including new light poles; accent paving in crosswalks; street tree and ornamental vegetation plantings; and community banners and attractive features to attract pedestrian usage and provide increased safety for both pedestrians and motorists; • Site clearance and site preparation, such as subdividing or combing parcels for commercial use, to attract development; and, 10 • Make access improvements to provide safe, convenient, efficient and effective access to the business in the Downtown Business District for automobiles, trucks and delivery vehicles, public transportation, bicycles, and pedestrians. 11 VI. BUSINESS DISTRICT DEVELOPMENT PROJECT COSTS A. The BDD Act states: “Business district project costs” shall mean and include the sum total of all costs incurred by a municipality, other governmental entity, or nongovernmental person in connection with a business district, in the furtherance of a business district plan, including, without limitation, the following: (1) Costs of studies, surveys, development of plans and specifications, implementation and administration of a business district plan, and personnel and professional service costs including architectural, engineering, legal, marketing, financial, planning, or other professional services, provided that no charges for professional services may be based on a percentage of tax revenues received by the municipality; (2) Property assembly costs, including but not limited to, acquisition of land and other real or personal property or rights or interests therein, and specifically including payments to developers or other nongovernmental persons as reimbursement for property assembly costs incurred by that developer or other nongovernmental person; (3) Site preparation costs, including but not limited to clearance, demolition or removal of any existing buildings, structures, fixtures, utilities, and improvements and clearing and grading of land; (4) Costs of installation, repair, construction, reconstruction, extension, or relocation of public streets, public utilities, and other public site improvements within or without the business district which are essential to the preparation of the business district for use in accordance with the business district plan, and for use in accordance with the business district plan, and specifically including payments to developers or other nongovernmental persons as reimbursement for site preparation costs incurred by the developer or nongovernmental person; (5) Costs of renovation, rehabilitation, reconstruction, relocation, repair, or remodeling of any existing buildings, improvements, and fixtures within the business district, and specifically including payments to developers or other nongovernmental persons as reimbursement for costs incurred by those developers or nongovernmental persons; (6) Costs of installation or construction within the business district of buildings, structures, works, streets, improvements, equipment, utilities, or fixtures, and specifically including payments to developers or other nongovernmental persons 12 as reimbursements for such costs incurred by such developer or nongovernmental person; (7) Financing costs, including but not limited to all necessary and incidental expenses related to the issuance of obligations, payment of any interest on any obligations issued under this Law that accrues during the estimated period of construction of any development or redevelopment project for which those obligations are issued and for not exceeding 36 months thereafter, and any reasonable reserves related to the issuance of those obligations; and (8) Relocation costs to the extent that a municipality determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or State law. B. Estimated Project Costs (1) Costs of studies, development plans engineering and professional services $ 500,000.00 (2) Land assembly $ 3,000,000.00 (3) Site preparation, including land clearance $ 2,000,000.00 (4) Repair and remodeling of existing buildings $ 3,000,000.00 (5) Improvements to public utilities $ 1,000,000.00 (6) Streetscape improvements $ 1,000,000.00 (7) Construction of improvements $ 3,000,000.00 (8) Interest costs $ 1,000,000.00 $14,500,000.00 The City reserves the right to exceed budgeted costs in particular estimated development project costs categories so long as the total estimated cost is not exceeded over the 23 year life of the Downtown Business District, unless otherwise amended. 13 VII. SOURCES OF FUNDS TO PAY DEVELOPMENT PROJECT COSTS Upon designation of the Downtown Business District by City ordinance, the City intends to impose the retailers= occupation within the Downtown Business District, at a rate not to exceed one percent (1%) of the gross receipts from sales made in the course of any business within the Downtown Business District. Such tax shall not be applicable to the sales of food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. The City also intends to impose a service occupation tax upon all persons engaged within the boundaries of the Downtown Business District in the business of making sales of service at a rate not to exceed one percent (1%) of the selling price of all tangible personal property transferred by such serviceman as an incident to a sale of service. Such tax may not be imposed on food for human consumption that is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks, and food that has been prepared for immediate consumption), prescription and nonprescription medicines, drugs, medical appliances, modifications to a motor vehicle for the purpose of rendering it usable by a disabled person, and insulin, urine testing materials, syringes, and needles used by diabetics for human use. The retailers’ occupation tax and the service occupation tax shall be collectively referred to as the “Taxes.” The proceeds of these Taxes shall be used during the term of the designation of the Downtown Business District (not to exceed 23 years from the date of adoption of this Business District Plan) for the planning, execution and implementation of the Business District Plan, the payment of business district project costs as set forth in the Business District Plan and permitted by the BDD and the payment of obligations of the City issued to provide for the payment of business district project costs. A City ordinance shall also be adopted by the Mayor and City Council to create a separate fund entitled the “Downtown Business District Tax Allocation Fund” in order to receive the revenues generated by the Taxes. Pursuant to the Business District Act, all funds received from the Taxes must be deposited into this special fund. Funds necessary to pay for business district project costs and to secure municipal obligations issued for such costs are to be derived primarily from the Taxes. Other sources of funds which may be used to pay for business district project costs or to secure municipal obligations are state and federal grants, investment income, private financing 14 and other legally permissible funds the City may deem appropriate. All such funds shall be deposited in the Downtown Business District Tax Allocation Fund. 15 VIII. ISSUANCE OF OBLIGATIONS The City may issue obligations pursuant to the BDD Act and other authorities in order to pay for business district project costs. The obligations may be secured by the Downtown Business District Sales Taxes, and other sources that the City may deem appropriate. Additionally, the City may provide other legally permissible credit enhancements to any obligations issued pursuant to the BDD Act. All obligations issued by the City pursuant to this Business District Plan and the BDD Act shall be retired within twenty-three (23) years from the date of adoption of the ordinance approving this Business District Plan. One or more series of obligations may be issued from time to time in order to implement this Business District Plan. Obligations may be issued on either a taxable or tax-exempt basis, as general obligation bonds, general obligation debt certificates, alternate bonds or revenue bonds, or other debt instruments, with either fixed rate or floating interest rates; with or without capitalized interest; with or without deferred principal retirement; with or without interest rate limits except as limited by law; with or without redemption provisions, and on such other terms, all as the City may determine and deem appropriate. 16 IX. ESTABLISHMENT AND TERM OF THE DOWNTOWN BUSINESS DISTRICT The establishment of the Downtown Business District shall become effective upon adoption of an ordinance by the Mayor and City Council adopting the Downtown Business District Plan and designating the Downtown Business District. Development agreements between the City and any developers or other private parties shall be consistent with the provisions of the BDD Act and this Business District Plan. Pursuant to the BDD Act, the Downtown Business District Sales Taxes described in Section VI may not be imposed for more than twenty-three (23) years pursuant to the provisions of the BDD Act. The Downtown Business District shall expire upon the termination of the imposition of the Downtown Business District Sales Taxes and the final payout of the same from the Downtown Business District Tax Allocation Fund, which shall be no later than 23 years from the date of adoption of the ordinance approving this Business District Plan. 17 X. FORMAL FINDINGS Based upon the information described in the attached Exhibit C, the Mayor and City Council of the United City of Yorkville finds and determines the following: (a) the Downtown Business District is a contiguous area and includes only parcels of real property directly and substantially benefitted by the proposed business district development or redevelopment plan; (b) the Downtown Business District Plan is consistent with the United City of Yorkville=s Comprehensive Plan for the development of the City as a whole; (c) the Downtown Business District is a blighted area as defined in the BDD Act by reason of the predominance of defective or inadequate street layout; (d) the Downtown Business District constitutes an economic liability to the City in its present condition and use; and, (e) the Downtown Business District on the whole has not been subject to growth and development by private enterprises or would not reasonably be anticipated to be developed or redeveloped without the adoption of the business district development or redevelopment plan. 18 XI. PROVISIONS FOR AMENDING THE BUSINESS DISTRICT PLAN The Mayor and City Council of the United City of Yorkville may amend this Business District Plan from time to time by adopting an ordinance providing for such amendment. Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #4 Tracking Number EDC 2013-04 Imperial Investments First Amendment to TIF agreement Economic Development – January 2, 2013 April 2012 Agreement approved Majority Approval See attached memo. Bart Olson Administration Name Department Summary Consideration of a first amendment to the Imperial Investments TIF agreement, regarding disbursement of a 1% business district tax to the developer and the addition of the Cobblestone expansion, Kendall Grill renovation, Kendall Grill parking lot, and Mongolian 211 project. Background This item was last discussed by the City Council in April 2012, where the original TIF redevelopment agreement was approved by the City Council. Since that meeting, the developer has been acquiring parcels and developing them, and redeveloping the parcels originally contemplated in the agreement (Rivers Edge Theater, Cobblestone, Van Emmon Apartments). The TIF agreement contemplates that additional properties would be included in the agreement via City Council amendment to the agreement. Imperial Investments has acquired Kendall Pub (now Kendall Grill), Bridge Street Café (now Mongolian 211), the empty lot north of Kendall Pub, and has built a 100+ seat expansion to Cobblestone to the north of the existing building. In order to receive TIF reimbursement for these projects, the City Council must amend the agreement to include the new redevelopment plans. Project budgets for each property are attached, and will be incorporated into the agreement. To note, the Cobblestone expansion, Mongolian 211 and Kendall Grill parking lot projects are spread across multiple parcels and addresses. Normally, a project drawing is included with the City Council’s approval of the TIF project. However, in this case we have completed or partially completed buildings in which to view when considering approval. Cobblestone’s expansion is scheduled to open to the public in the next few days, the Mongolian 211 and Kendall Grill renovations have been widely reported and published in the Kendall County Record, and the parking lot improvements are easily visible from the street. In an effort to make all project incentives to Imperial Investments transparent, Attorney Orr has recommended that we address the business district tax remittance to the developer (discussed in the prior agenda item) in this TIF agreement amendment. Thus, the agreement is drafted to include a 1% business district tax remittance to the developer. As mentioned in the agreement, the remittance of the business district taxes to the developer is administered under the same process as TIF reimbursements: the developer completes the projects, submits certifications of costs and requests for reimbursements to the City, and the City processes the reimbursements as funds are available. Recommendation Staff recommends approval of the first amendment to the Imperial Investments TIF agreement, which incorporates the Kendall Grill renovations, Mongolian 211 renovations, Cobblestone expansion, and Kendall Grill parking lot improvements. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 27, 2012 Subject: First amendment to Imperial Investments TIF agreement 1 FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (Imperial Investments, LLC) THIS FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT (the “Amendment”) dated April 23, 2012, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the “City”) and Imperial Investments, LLC; an Illinois limited liability company corporation (hereafter the “Developer”) is dated as of January ____, 2013. W I T N E S S E T H: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the “Corporate Authorities”) on June 13, 2006, the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the “Redevelopment Plan”) was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City’s historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a “redevelopment project area” (“Yorkville Downtown Redevelopment Project Area”) and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the “Act”); and, WHEREAS, pursuant to the TIF Act, on April 23, 2013, pursuant to Ordinance No. 2012-06, the Corporate Authorities entered into a Redevelopment Agreement for the Downtown Yorkville Project Area (the “Original Agreement”) with the Developer in order to induce the 2 development and redevelopment of certain properties within the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, pursuant to the Original Agreement, the City agreed to reimburse the Developer for Redevelopment Project Costs as specifically identified therein for the following four (4) Projects: 1. Cobblestone Bakery Project No. 1; 2. Follies Theater Project No. 2; 3. Follies Box Office Project No. 3; and, 4. Van Emmon Apartments Project No. 4; and, WHEREAS, the Developer has now submitted proposals to the City to acquire additional properties within the Yorkville Downtown Redevelopment Project Area for the purpose of redevelopment, rehabilitation and renovation, all such projects being in furtherance of the Redevelopment Plan; and, WHEREAS, the Developer has further advised the City that in order to proceed with these additional new projects, additional financial assistance shall be needed and, therefore, in addition to the designation of the Yorkville Downtown Redevelopment Project Area and the adoption of the TIF Act the Developer has requested a portion of the commercial area of the Yorkville Downtown Redevelopment Project Area be designated a “Business District” in accordance with the Business District Development and Redevelopment Act (65 ILCS 5/11-74.3 et seq.) the “Business District Act”); and, WHEREAS, pursuant to the Business District Act, the City is authorized to adopt a development or redevelopment plan and impose a business district retailers’ occupation tax and a 3 business district service occupation tax (“Business District Taxes”) to pay business district project costs including the planning, execution and implementation of an approved business district plan; and, WHEREAS, pursuant to its powers and in accordance with the requirements of the Business District Act, the Corporate Authorities authorized a review of the eligibility of an area within the Village to determine whether such area could be benefitted by the Business District Act, in order to eliminate those blighting factors which have, historically, inhibited development; and, WHEREAS, after a review of the requirements under the Business District Act and the conditions of the properties within the proposed district, it was determined that there existed blighting conditions sufficient to designate the proposed area, depicted on Exhibit A attached hereto and made a part hereof, as the Downtown Yorkville Business Development District (the “Downtown Business District”) under the Business District Act; and, WHEREAS, upon the findings of eligibility for the proposed Downtown Business District, the Corporate Authorities authorized the preparation of a Downtown Yorkville Business District Development Plan setting forth the goals and objects, proposed projects, estimated budget and the potential sources of funds to implement said Plan for the proposed Downtown Business District; and, WHEREAS, pursuant to the Business District Act, once a business district is designated, the Corporate Authorities may impose a retailers’ occupation tax, service occupation tax, and a hotel operators’ occupation tax in an amount not to exceed one percent (1%) to pay costs to be incurred in connection with the planning, execution and implementation of the goals and 4 objectives as set forth in the business district plan, and the Corporate Authorities have, in fact, imposed a retailers’ occupation tax, service occupation tax, and hotel operators’ occupation tax of one percent (1%) in the business district; and, WHEREAS, pursuant to the Business District Act, on January 8, 2013, the Corporate Authorities, after public hearings, passed Ordinance No. ____ designating the Downtown Yorkville Business District to include the property depicted on Exhibit A (the “Downtown Yorkville BD”) and imposed retailers’ occupation tax and a service occupation tax in the amount of one percent (1%) on all commercial operations within its boundaries for the planning, execution and implementation of the Downtown Yorkville Business District Plan (the “Business District Plan”); and, WHEREAS, the additional new projects include the acquisition and rehabilitation of: 1. 209 South Bridge Street; 2. The parking lot immediately to the north of 209 South Bridge Street; 3. 213 South Bridge Street; 4. An expansion of the Cobblestone Bakery Project No. 1 (collectively the “Additional Projects”); and, WHEREAS, the City desires the Developer to proceed with the Additional Projects and is, therefore, willing to commit additional incentives available pursuant to the Act and the Business District Act in order to induce the Developer to undertake these Additional Projects, all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: 5 Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Amendment and are hereby incorporated into and made a part of this Amendment as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Imperial Investment Additional Projects. A. The Developer represents and warrants that it has acquired the following properties, said properties being located within the Downtown Yorkville Redevelopment Project Area and the Downtown Business District: 1. The property commonly known as 101/107 W. Van Emmon Street, identified as parcel No 02-33-283-014 and hereinafter referred to as “Cobblestone Bakery Expansion Project No. 1”; 2. The property commonly known as 213 S. Bridge Street, identified as parcel No. 02-32-283-007 hereinafter referred to as “Mongolian 211 Project”; 3. The property commonly known as 209 S. Bridge Street, identified as parcel No. 02-32-283-005 hereinafter referred to as “Kendall Grill Project”; and, 4. The parking lot directly north of 209 S. Bridge Street, identified as parcel Nos. 02-32-283-003 and 02-32-287-002, hereinafter referred to the “Parking Lot Improvement Project”. B. The Developer covenants and agrees to develop the Additional Projects in conformance with all applicable federal, state and City laws, regulations, ordinances, zoning and building codes, life safety codes, property maintenance codes and all other applicable ordinances of the City (collectively hereinafter referred to as the “Legal Requirements”). 6 C. On or before March 31, 2013, the Developer shall have submitted plans for each of the Additional Projects, which plans shall be in conformance with the Legal Requirements and shall have also submitted an estimated itemized budget for each such Additional Project. Section 3. Developer’s Obligations as a Condition Precedent to the City’s Commitment. A. On or before December 31, 2013, the Developer shall have completed all of the Additional Projects in a good and workmanlike manner and in accordance with the Legal Requirements. B. On or before December 31, 2013, the Developer shall have commenced operation of Mongolian 211 and restaurant the Kendall Grill at 213 South Bridge Street and 209 South Bridge Street, respectively. Section 4. Obligations and Commitments of the City. A. So long as no notice pursuant to Section 20 of the Original Agreement has been issued and remains uncured and so long as the Developer shall have completed construction of the Additional Projects in conformance with the Legal Requirements, the City shall reimburse the Developer for “Redevelopment Project Costs” as hereinafter defined and itemized on Exhibit B attached hereto to pay any cost included in the estimated budget for Additional Projects which are eligible as Redevelopment Project Costs in an amount not to exceed twenty-five percent (25%) of all costs incurred by the Developer in connection with the Additional Projects plus costs of financing, marketing and professional fees paid by the Developer. B. All reimbursements to the Developer shall be in conformance with the requirements and procedures set forth in the Original Agreement. 7 C. In connection with the establishment and ongoing administration of the Downtown Business District, the City has established a special fund pursuant to the requirements of the Business District Act, known as the Downtown Yorkville Business District Tax Allocation Fund (“BD Fund”), into which the City shall deposit all sales tax revenues imposed at a rate of one percent (1%) generated by businesses operating in the Downtown Yorkville BD (“BD Taxes”). The City shall thereafter transfer all BD Taxes in the BD Fund as follows: (i) On March 1 of each year during the term of this Agreement, the City shall deposit all BD Taxes deposited into the BD Fund into the Imperial Investment BD Sub- Account of the Special Tax Allocation Fund as established in the Original Agreement. (ii) Notwithstanding the foregoing obligation on the part of the City to reimburse the Redevelopment Project Costs from BD Taxes, such obligation is contingent upon written authorization from the Developer to the Illinois Department of Revenue to release any and all information regarding the payment of sales taxes and service taxes collected by the businesses operating at the Imperial Investment Projects and Additional Projects. Failure on the part of any business to provide such written authorization shall result in a cancellation and waiver of the City’s obligation to reimburse the Developer from BD Taxes attributable to such business. THE CITY’S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES DEPOSITED IN THE IMPERIAL INVESTMENT SUBACCOUNT OF THE STAF 8 FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. As used in this Agreement, “Incremental Taxes” shall mean the amount in the STAF equal to the amount of ad valorem taxes, if any, paid in respect of the Redevelopment Project Area and its improvements which is attributable to the increase in the equalized assessed value of all the Imperial Investment Projects and all projects of the Developer which are approved by the City and their improvements over the initial equalized assessed value of all approved Imperial Investment Project. D. Redevelopment Project Costs, in addition to the meaning set forth in Section 4B of the Original Agreement, shall also mean Business District Project Costs as defined in the Business District Act. E. Reimbursement of Redevelopment Project Costs shall be made annually on each STAF Allocation Date (or, if later, the date which is ten (10) days following approval by the City of payment of such Redevelopment Project Costs), as provided in the Original Agreement; provided, that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefore in the Imperial Investment Subaccount of the STAF from deposits of BD Taxes and Incremental Taxes. To the extent money in the Imperial Investment Subaccount is insufficient to reimburse the Developer for Redevelopment Project Costs, such Request for Reimbursement shall be held for payment on the following STAF Allocation Date. Section 6. Undertakings on the Part of Developer. A. The Developer covenants and agrees that the Project shall result in a private investment of no less than $_____________ for the Additional Projects. 9 B. The Developer hereby covenants and agrees to promptly pay, as the same become due, any and all taxes and governmental charges of any kind that may at any time be assessed with regard to its operation including all real estate taxes assessed against the Imperial Investment Projects or any other location in the City owned or controlled by the Developer. Section 7. Term. Section 7 of the Original Agreement is amended to state that unless earlier terminated pursuant to Section 20 of the Original Agreement, the term of this Redevelopment Agreement shall commence on the date of execution and end December 31, 2029, regarding the City’s obligation to deposit Incremental Taxes into the Imperial Sub- Account and December 31, 2036, with regard to the City’s obligation to deposit BD Taxes, into the Imperial Investment Sub-Account. Section 8. All other provisions of the Original Agreement not amended by this Amendment one hereby affirmed as in full force and effect. Section 9. Counterparts. This Amendment Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 10 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the Redevelopment Agreement 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 IMPERIAL INVESTMENTS, LLC, an Illinois liability company By: __________________________________ President Attest: __________________________________ Secretary 11 Exhibit A 12 Exhibit B IM P E R I A L  IN V E S T M E N T S  YO R K V I L L E  TI F  EL I G I B L E  PR O P E R T I E S  CO S T S  AN D  EX P E N S E S   Pr o p e r t y  Na m e : C o b b l e s t o n e  Ex p a n s i o n P r o p e r t y  Na m e : C o b b l e s t o n e  Ex p a n s i o n Ad d r e s s  or  PI N  # 02 ‐32 ‐28 3 ‐01 4 Ad d r e s s  or  PI N  # 02 ‐32 ‐28 3 ‐01 2 Ac q u i s i t i o n  Co s t : N A Ac q u i s i t i o n  Co s t : N A Ge n e r a l  re n o v a t i o n  co s t s : 2 1 7 , 0 0 0 . 0 0 $                                                                                                                                                                    Ge n 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 Finalized. This is a part of 101 W  Va n  Em m o n    Pr o p e r t y  Na m e : C o b b l e s t o n e  Ex p a n s i o n P r o p e r t y  Na m e : Ad d r e s s  or  PI N  # 02 ‐32 ‐28 3 ‐01 1 Ad d r e s s  or  PI N  # Ac q u i s i t i o n  Co s t : N A Ac q u i s i t i o n  Co s t : Ge n e r a l  re n o v a t i o n  co s t s : 2 1 7 , 0 0 0 . 0 0 $                                                                                                                                                                    Ge n e r a l  re n o v a t i o n  co s t s : Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 3 , 4 0 0 . 0 0 $                                                                                                                                                                            Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : ‐ $                                                                                                                                                                                                An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : Si g n a g e  co s t s : 6 6 7 . 0 0 $                                                                                                                                                                                    Si g n a g e  co s t s : Ou t d o o r  li g h t i n g  co s t s : 4 0 0 . 0 0 $                                                                                                                                                                                    Ou t d o o r  li g h t i n g  co s t s : La n d s c a p i n g  co s t s : 3 3 4 . 0 0 $                                                                                                                                                                                    La n d s c a p i n g  co s t s : An y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D A n y  in t e r e s t  co s t s  on  bo r r o w i n g : Co m m e n t s :  Ge n e r a l  Re n o v a t i o n  Co s t s  ar e  be i n g  Fi n a l i z e d .  Th i s  is  a pa r t   of  10 1  W Va n  Em m o n    Co m m e n t : Pr o p e r t y  Na m e : M o n g o l i a n  21 1  (P r e v i o u s l y  Br i d g e  St r e e t  Ca f é )   Pr o p e r t y  Na m e : Mo n g o l i a n  21 1  (P r e v i o u s l y  Br i d g e  St r e e t  Café)  Ad d r e s s  or  PI N  # 2 1 3  S Br i d g e  St r e e t  (0 2 ‐32 ‐28 3 ‐00 7 ) A d d r e s s  or  PI N  # 2 1 1  S Br i d g e  St r e e t  (0 2 ‐32 ‐28 3 ‐00 6 ) Ac q u i s i t i o n  Co s t : 2 5 0 , 0 0 0 . 0 0 $                                                                                                                                                                    Ac q u i s i t i o n  Co s t : 1 9 7 , 0 0 0 . 0 0 $                                                                                                                                                                         Ge n e r a l  re n o v a t i o n  co s t s : 1 2 5 , 0 0 0 . 0 0 $                                                                                                                                                                    Ge n e r a l  re n o v a t i o n  co s t s : 1 2 5 , 0 0 0 . 0 0 $                                                                                                                                                                         Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 3 , 4 0 0 . 0 0 $                                                                                                                                                                            Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 3 , 4 0 0 . 0 0 $                                                                                                                                                                             An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : 5 0 0 . 0 0 $                                                                                                                                                                                    An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : 5 0 0 . 0 0 $                                                                                                                                                                                 Si g n a g e  co s t s : 1 , 0 0 0 . 0 0 $                                                                                                                                                                            Si g n a g e  co s t s : 1 , 0 0 0 . 0 0 $                                                                                                                                                                             Ou t d o o r  li g h t i n g  co s t s : 6 0 0 . 0 0 $                                                                                                                                                                                    Ou t d o o r  li g h t i n g  co s t s : 6 0 0 . 0 0 $                                                                                                                                                                                 La n d s c a p i n g  co s t s : 1 , 0 0 0 . 0 0 $                                                                                                                                                                            La n d s c a p i n g  co s t s : 1 , 0 0 0 . 0 0 $                                                                                                                                                                             An y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D A n y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D Co m m e n t s    Do e s  no t  in c l u d e  co s t s  to  re n o v a t e  2n d  Fl o o r  as  us e  ha s  no t   be e n  de t e r m i n e d  at  th i s  ti m e .   Co m m e n t s :  Do e s  no t  in c l u d e  co s t s  to  re n o v a t e  2nd Floor as use has not been  de t e r m i n e d  at  th i s  ti m e .   Pr o p e r t y  Na m e : K e n d a l l  Gr i l l  (P r e v i o u s l y    Ke n d a l l  Pu b ) Pr o p e r t y  Na m e : Mo n g o l i a n  21 1  (P r e v i o u s l y  Br i d g e  St r e e t  Café)  Ad d r e s s  or  PI N  # 2 0 9  S Br i d g e  St r e e t  (0 2 ‐32 ‐28 3 ‐00 5 ) A d d r e s s  or  PI N  # 21 5  S Br i d g e  St r e e t  (0 2 ‐32 ‐28 3 ‐01 0 ) Ac q u i s i t i o n  Co s t : 9 0 0 , 0 0 0 . 0 0 $                                                                                                                                                                    Ac q u i s i t i o n  Co s t : 1 6 5 , 0 0 0 . 0 0 $                                                                                                                                                                         Ge n e r a l  re n o v a t i o n  co s t s : 3 7 5 , 0 0 0 . 0 0 $                                                                                                                                                                    Ge n e r a l  re n o v a t i o n  co s t s : 1 2 5 , 0 0 0 . 0 0 $                                                                                                                                                                         Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 9 , 0 0 0 . 0 0 $                                                                                                                                                                            Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 3 , 4 0 0 . 0 0 $                                                                                                                                                                             An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : 1 , 0 0 0 . 0 0 $                                                                                                                                                                            An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : 5 0 0 . 0 0 $                                                                                                                                                                                 Si g n a g e  co s t s : T B D S i g n a g e  co s t s : 1 , 0 0 0 . 0 0 $                                                                                                                                                                             Ou t d o o r  li g h t i n g  co s t s : T B D O u t d o o r  li g h t i n g  co s t s : 6 0 0 . 0 0 $                                                                                                                                                                                 La n d s c a p i n g  co s t s : T B D L a n d s c a p i n g  co s t s : 1 , 0 0 0 . 0 0 $                                                                                                                                                                             An y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D A n y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D Co m m e n t s    Re n o v a t i o n  co s t s  be i n g  fi n a l i z e d .   Co m m e n t s  :  Do e s  no t  in c l u d e  co s t s  to  re n o v a t e  2nd Floor as use has not been  de t e r m i n e d  at  th i s  ti m e .  No t e :  Ge n e r a l  Renovation Costs have not been  fi n a l i z e d )    Pr o p e r t y  Na m e : Im p e r i a l  In v e s t m e n t s  Va c a n t  Lo t  (A d j a c e n t  to  th e  Pu b )   Pr o p e r t y  Na m e : V a c a n t  Lo t  (A d j a c e n t  to  th e  Pu b )   Ad d r e s s  or  PI N  # 20 1 ‐20 3  Br i d g e  St r e e t ,  pa r c e l  nu m b e r  (0 2 ‐32 ‐28 3 ‐00 3 )   Ad d r e s s  or  PI N  # 20 5  S Br i d g e  St r e e t  (0 2 ‐32 ‐28 3 ‐00 4 ) Ac q u i s i t i o n  Co s t : 6 7 , 5 0 0 . 0 0 $                                                                                                                                                                        Ac q u i s i t i o n  Co s t : 6 7 , 5 0 0 . 0 0 $                                                                                                                                                                           Ge n e r a l  re n o v a t i o n  co s t s : 6 , 0 0 0 . 0 0 $                                                                                                                                                                            Ge n e r a l  re n o v a t i o n  co s t s : 6 , 0 0 0 . 0 0 $                                                                                                                                                                             Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 5 0 0 . 0 0 $                                                                                                                                                                                    Al l  en g i n e e r i n g ,  ar c h i t e c t u r a l  de s i g n  co s t s : 5 0 0 . 0 0 $                                                                                                                                                                                 An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : 5 0 0 . 0 0 $                                                                                                                                                                                    An y  le g a l  fe e s  in c u r r e d  by  de v e l o p e r : 5 0 0 . 0 0 $                                                                                                                                                                                 Si g n a g e  co s t s : T B D Si g n a g e  co s t s : T B D Ou t d o o r  li g h t i n g  co s t s : T B D Ou t d o o r  li g h t i n g  co s t s : T B D La n d s c a p i n g  co s t s : T B D La n d s c a p i n g  co s t s : T B D An y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D A n y  in t e r e s t  co s t s  on  bo r r o w i n g : T B D Co m m e n t : L o t  pr e s e n t l y  be i n g  ut i l i z e d  fo r  Pa r k i n g .    Im p e r i a l  ha s  gr a d e d   an d  ad d e d  ba s e  As p h a l t  Co a t .  Fu t u r e  pl a n s  fo r  th e  pr o p e r t y   ha v e  no t  be e n  so l i d i f i e d )   Co m m e n t s  : L o t  pr e s e n t l y  be i n g  ut i l i z e d  fo r  Pa r k i n g .   Imperial has graded and added  ba s e  As p h a l t  Co a t .  Fu t u r e  pl a n s  fo r  th e  property have not been  so l i d i f i e d )   Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #5 Tracking Number EDC 2013-05 TIF redevelopment agreement for TCB 123, LLC, dba Rowdys at 210 S Bridge Street Economic Development – January 2, 2013 Dec 2012 Inducement resolution approved Majority Approval See attached memo. Bart Olson Administration Name Department Summary Approval of a TIF redevelopment agreement for TCB 123, LLC, dba Rowdy’s at 210 South Bridge Street. Background The City Council last discussed this item at the December 11th meeting. At that meeting, the City Council approved an inducement resolution for this developer and property. The next step in the TIF incentive process is to approve a redevelopment agreement and plan for the property. The attached TIF agreement includes a project budget and process for reimbursing TIF proceeds. At time of packet creation, an exact illustration of renovation plans was not available. We do expect the illustration to be handed out at the meeting. The developer has requested minimal reimbursement for project costs, and staff is proposing 75% of the annual TIF increment being disbursed to the developer. This disbursement would occur up to a maximum of 10% of the project costs (~$170,000), or for the remainder of the TIF. Similar to the Imperial Investments TIF agreement, no guarantee is made that the TIF increment will reach the $170,000 maximum reimbursement amount. As a point of reference, the Imperial Investments agreement calls for an 85% annual TIF increment disbursement with a cap of 25% of total project costs. Recommendation Staff recommends approval of the Rowdy’s TIF agreement, as proposed. Memorandum To: City Council From: Bart Olson, City Administrator CC: Date: December 27, 2012 Subject: Rowdy’s TIF agreement 1 REDEVELOPMENT AGREEMENT FOR THE DOWNTOWN YORKVILLE REDEVELOPMENT PROJECT AREA (TCB123, LLC d/b/a Rowdys) THIS AGREEMENT dated as of the _____ day of _________ 2013, by and between the United City of Yorkville, Kendall County, Illinois, a municipal corporation (hereafter the “City”) and TCB123, LLC, an Illinois limited liability company corporation (hereafter the “Developer”). W I T N E S S E T H: WHEREAS, by Ordinance No. 2006-46 adopted by the Mayor and City Council of the City (the “Corporate Authorities”) on June 13, 2006, the Downtown Yorkville Tax Increment Financing Redevelopment Project and Plan (hereinafter the “Redevelopment Plan”) was approved, which project and plan covered some of the oldest properties of the City which constitute a significant portion of the City’s historic Downtown; and, WHEREAS, by Ordinance No. 2006-47 and No. 2006-48 adopted by the Corporate Authorities on June 13, 2006, the City designated approximately 200 acres containing 114 buildings as a “redevelopment project area” (“Yorkville Downtown Redevelopment Project Area”) and adopted tax increment financing pursuant to the Tax Increment Allocation Redevelopment Act (65 ILCS 5/11-74.4-1 et seq.) (hereinafter referred to as the “Act”); and, WHEREAS, pursuant to the TIF Act, the Corporate Authorities are empowered to undertake the development and redevelopment of a designated area within its municipal limits in which existing conditions permit such area to be classified as a “conservation area” as defined in 2 Section 11.74.4.4-3(a) of the Act as in the case of the Yorkville Downtown Redevelopment Project Area; and, WHEREAS, the Corporate Authorities have determined that the blighting factors which are readily observed in the Yorkville Downtown Redevelopment Project Area are detrimental to the public and impair redevelopment of this area of the City, with the result that it is necessary to incur extraordinary costs in order to see it redeveloped and revitalized. The blighting factors in the Yorkville Downtown Redevelopment Project Area will continue to impair growth and redevelopment but for the use of tax increment allocation financing to pay Redevelopment Project Costs (as defined in Section 3 of this Agreement) which necessarily must be incurred to implement a program of redevelopment; and, WHEREAS, pursuant to the Act and in furtherance of the Redevelopment Plan the Developer submitted to the City a proposal to acquire the property commonly known as 210 South Bridge Street, Yorkville, Illinois, identified as Parcel No. 02-33-154-003 (the “Subject Property”), which is located within the Yorkville Downtown Redevelopment Project Area, for the purpose of redevelopment as a restaurant and bar (the “Project”), and has advised the City that in order to proceed, financial assistance would be required for certain costs to be incurred, which costs would constitute “Redevelopment Project Costs”; and, WHEREAS. as a result of the Developer’s proposal, the City passed Resolution No. 2012-34 on December 11, 2012, being a Resolution to Induce the Redevelopment of Certain Property within the Yorkville Downtown Tax Increment Redevelopment Project Area (the “Resolution”); and, 3 WHEREAS, the Developer is prepared to proceed with the acquisition of the Subject Property and the redevelopment thereof in reliance upon the aforesaid Resolution and has now requested this Agreement in order to specifically outline the respective obligations of the parties hereto in connection with the Project and the implementation of the Redevelopment Plan for the Yorkville Downtown Redevelopment Project Area all as hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the mutual covenants hereinafter set forth, the parties agree as follows: Section 1. Incorporation. The representations and recitations set forth in the preambles hereto are material to this Redevelopment Agreement and are hereby incorporated into and made a part of this Redevelopment Agreement as though fully set forth in this Section I and said representations and recitations constitute the understandings of the City and the Developer. Section 2. The Developer’s Project. A. The Developer represents and warrants that on or before January 31, 2013, it shall have entered into an installment purchase contract for the Subject Property. B. The Developer covenants and agrees to redevelop the Subject Property as a restaurant and bar (the “Business”) in conformance with all applicable federal, state and City laws, regulations, ordinances, zoning and building codes, life safety codes, property maintenance codes and all other applicable ordinances of the City (collectively hereinafter referred to as the “Legal Requirements”) and complete the Project on or before December 31, 2013. C. The Developer has submitted an estimated budget for the Project which budget is attached hereto as Exhibit A. The Developer hereby represents and agrees that it shall invest no less than $1,700,000 to complete the Project including the cost of acquisition. 4 D. The Developer hereby represents and warrants that financing has been obtained in an amount sufficient to complete the Project. Section 3. Construction of Developer Improvements; Developer Payments. (a) In consideration for the development of the Project by the Developer, so long as no event described in Section 17 of this Agreement shall have occurred and be continuing, the City shall reimburse the Developer for the Redevelopment Project Costs in respect to the Project as set forth on Exhibit A, in accordance with the provisions of Section 4 hereof and subject to the limitations of the TIF Act, from a portion of the Incremental Taxes, as defined below, derived from the Subject Property for a period of sixteen (16) years. For purposes of this Agreement, “Redevelopment Project Costs” shall mean and include all costs defined as “redevelopment project costs” in Section 11-74.4-3(q) of the TIF Act which are eligible for reimbursement under the TIF Act. (b) In connection with the establishment and ongoing administration of the Redevelopment Project Area, the City has established a special tax allocation fund pursuant to the requirements of the TIF Act (the “Special Tax Allocation Fund” or the “STAF”), into which the City shall deposit all Incremental Taxes generated by the Yorkville Downtown Redevelopment Project Area. The City shall further establish, upon execution of this Agreement, a segregated special sub-account of the STAF designated the “Rowdys Sub- Account.” The City shall reimburse the Developer for Redevelopment Project Costs, pursuant to this Agreement, only from Incremental Taxes on deposit from time to time in the Rowdys Sub- Account, as described below, for a period of sixteen (16) years commencing with the year 2013 and terminating December 31, 2029, as follows: 5 (i) on October 1 of each year until 2029 (or, if later, the date which is ten (10) days following the date upon which the City receives Incremental Taxes from the final installment from Kendall County (the “STAF Allocation Date”)), seventy- five percent (75%) of all Incremental Taxes credited to the STAF in respect of the Subject Property during the period from the immediately preceding STAF Allocation Date to, but not including, the current STAF Allocation Date shall be transferred and deposited by the City into the Rowdys Sub-Account and shall be used solely to reimburse the Developer for Redevelopment Project Costs, in accordance with Section 4 of this Agreement. (ii) after the Developer has submitted any Requests for Reimbursement pursuant to Sections 4(b) and 4(c), any amount remaining in the Rowdys Sub- Account, in excess of the amount required to reimburse the Developer for Redevelopment Project Costs shall be transferred by the City to the STAF. THE CITY’S OBLIGATIONS TO REIMBURSE THE DEVELOPER UNDER THIS AGREEMENT IS A LIMITED OBLIGATION PAYABLE SOLELY FROM INCREMENTAL TAXES DEPOSITED IN THE ROWDYS SUB-ACCOUNT FROM TIME TO TIME AND SHALL NOT BE SECURED BY THE FULL FAITH AND CREDIT OF THE CITY. As used in this Agreement, “Incremental Taxes” shall mean the amount in the STAF equal to the amount of ad valorem taxes, if any, paid in respect of the Yorkville Downtown Redevelopment Project Area and all improvements, which is attributable to the increase in the equalized assessed value of the Yorkville Downtown Redevelopment Project Area and all improvements over the initial equalized assessed value of the Yorkville Downtown Redevelopment Project Area. 6 Section 4. Procedures for and Application of Reimbursement to the Developer. (a) The Developer shall advance all funds and all costs necessary to undertake the Project and all costs eligible for reimbursement pursuant to this Agreement in connection therewith. (b) To establish a right of reimbursement for specific Redevelopment Project Costs under this Agreement, the Developer shall annually submit to the City Administrator a written statement in the form attached to this Agreement as Exhibit B (a “Request for Reimbursement”) setting forth the amount of reimbursement requested and the specific Redevelopment Project Costs for which reimbursement is sought. Each Request for Reimbursement shall be accompanied by such bills, contracts, invoices, lien waivers, or other evidence as the City Administrator shall reasonably require to evidence the right of the Developer to reimbursement under this Agreement. The City Administrator shall have twenty (20) days after receipt of any Request for Reimbursement from the Developer to approve or disapprove such Request and, if disapproved, to provide the Developer in writing and in detail with an explanation as to why it is not prepared to recommend such reimbursement. The only reasons for disapproval of any expenditure for which reimbursement is sought shall be that such expenditure is not an eligible Redevelopment Project Cost, that it is not contained on Exhibit A (provided that the Developer shall have the right to reallocate such costs as listed), or that it was not incurred and completed by the Developer in accordance with the Legal Requirements and the provisions of this Agreement, including, without limitation, all plans and specifications submitted to and pre- approved by the City. The parties acknowledge that the determination of Redevelopment Project Costs and qualification for reimbursement under this Agreement are subject to the TIF Act, all 7 amendments to the TIF Act both before and after the date of this Agreement, and administrative rules and judicial interpretations rendered during the term of this Agreement. The City has no obligation to the Developer to attempt to modify said rules or decisions but will cooperate with the Developer in obtaining approval of Redevelopment Project Costs. (c) Reimbursement of Redevelopment Project Costs shall be made annually commencing on 2013 and terminating December 31, 2029, on each STAF Allocation Date (or, if later, the date which is ten (10) days following approval by the City of payment of such Redevelopment Project Costs); provided that reimbursement of Redevelopment Project Costs shall only be made to the extent money is available therefor in the Rowdys Sub-Account. To the extent money in the Rowdys Sub-Account is insufficient to reimburse the Developer for Redevelopment Project Costs for that year, the City shall reimburse the Developer once funds are deposited into the Rowdys Sub-Account in subsequent years. Notwithstanding the foregoing, if money is not available in the Rowdys Sub-Account to reimburse the Developer for Redevelopment Project Costs and the reason for the lack of funds is that the Developer or its successors in interest have not paid real estate taxes for the Subject Property when due and owing, the City shall not be required to make payment until taxes are paid. Section 5. Term. Unless earlier terminated pursuant to Section 17, the term of this Agreement shall commence on the date of execution and end on the earlier of: (i) reimbursement to the Developer of $168,000; or, (ii) December 31, 2029 (the “Termination Date”). 8 Section 6. Verification of Tax Increment. The Developer shall use its best efforts to cooperate with the City in obtaining certified copies of all real estate tax bills for the Subject Property during the term of this Agreement. Section 7. No Liability of City to Others for Developer’s Expenses. The City shall have no obligations to pay costs of the Project or to make any payments to any person other than the Developer, nor shall the City be obligated to pay any contractor, subcontractor, mechanic, or materialman providing services or materials to the Developer for the development of the Project. Section 8. Time; Force Majeure. Time is of the essence of this Agreement; provided, however, a party shall not be deemed in material breach of this Agreement with respect to any of such party’s obligations to be performed under this Agreement, if such party fails to timely perform the same and such failure is due in whole or in part to any strike, lock-out, labor trouble (whether legal or illegal), civil disorder, inability to procure materials, failure or interruptions of power, restrictive governmental laws and regulations, condemnations, riots, insurrections, war, fuel shortages, accidents casualties, floods, earthquakes, fires, acts of God, epidemics, quarantine restrictions, freight embargoes, acts caused directly or indirectly by the other party (or the other party’s agents, employees or invitees) or similar causes beyond the reasonable control of such party (“Force Majeure”). If one of the foregoing events occurs or either party claims that such an event occurred, the party to whom such claim is made shall investigate and consult with the party making such claim, and the party to whom such claim is made shall grant any extension for the performance of the unsatisfied obligation equal to the period of the delay, which period shall 9 commence to run from the time of the commencement of the Force Majeure; provided that the failure of performance was reasonably caused by such Force Majeure. Section 9. Assignment. This Agreement may not be assigned by the Developer without the prior written consent of the City, which consent shall not be unreasonably withheld. Section 10. Developer Indemnification. The Developer shall indemnify and hold harmless the City, its agents, officers and employees against all injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs, and expenses (including any liabilities, judgments, costs and expenses and reasonable attorney’s fees) which may arise directly or indirectly from the failure of the Developer, or any contractor, subcontractor, agent, or employee thereof (so long as such contractor, subcontractor, agent, or employee thereof is hired by the Developer) to timely pay any contractor, subcontractor, laborer, or materialman; from any default or breach of the terms of this Agreement by the Developer; or from any negligence or reckless or willful misconduct of the Developer or any contractor, subcontractor, agent, or employee thereof (so long as such contractor, subcontractor or agent or employee is hired by the Developer). The Developer shall, at its own cost and expense, appear, defend, and pay all charges of attorneys, costs, and other expenses arising therefrom or incurred in connection therewith. If any judgment shall be rendered against the City, its agents, officers, officials, or employees in any such action, the Developer shall have no obligation whatsoever, with respect to any acts of negligence or reckless or willful misconduct on the part of the City or any of its officers, agents, employees, or contractors. 10 Section 11. Waiver. Any party to this Agreement may elect to waive any remedy it may enjoy hereunder, provided that no such waiver shall be deemed to exist unless the party waiving such right or remedy does so in writing. No such waiver shall obligate such party to waive any right or remedy hereunder, or shall be deemed to constitute a waiver of other rights and remedies provided said party pursuant to this Agreement. Section 12. Severability. If any section, subsection, term, or provision of this Agreement or the application thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the remainder of said section, subsection, term, or provision of this Agreement, or the application of same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby. Section 13. Notices. All notices, demands, requests, consents, approvals, or other instruments required or permitted by this Agreement shall be in writing and shall be executed by the party, or an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the date of actual delivery, if delivered personally, or as of the third (3rd) day from and including the date of posting, if mailed by registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To the Developer: TCB123, LLC c/o Donald Thatcher 210 South Bridge Street Yorkville, Illinois 60560 11 To the City: United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 With a copy to: Kathleen Field Orr Kathleen Field Orr & Associates 53 West Jackson Blvd., Suite 935 Chicago, Illinois 60604 Section 14. Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors and assigns. Section 15. No Joint Venture, Agency, or Partnership Created. Neither anything in this Agreement nor any acts of the parties to this Agreement shall be construed by the parties or any third person to create the relationship of a partnership, agency, or joint venture between or among such parties. Section 16. No Discrimination – Construction. The Developer, or its successors or assigns, agrees that with respect to the development of the Project and the operation of the Business it shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer shall take affirmative action to require that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising and solicitations or advertisements for employees; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Developer agrees to post in conspicuous places, 12 available to employees and applicants for employment, notices, which may be provided by the City, setting forth the provisions of this nondiscrimination clause. Section 17. Remedies – Liability. (a) If, in the City’s judgment, the Developer is in material default of this Agreement, the City shall provide the Developer with a written statement indicating any failure on the Developer’s part to fulfill its obligations under this Agreement. Except as required to protect against further damages, the City may not exercise any remedies against the Developer in connection with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the Developer diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Agreement. A default not cured as provided above shall constitute a breach of this Agreement. Any failure or delay by the City in asserting any of its rights or remedies as to any default or alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. (b) If the Developer materially fails to fulfill its obligations under this Agreement after notice is given by the City and any cure periods described in paragraph (a) above have expired, the City may elect to terminate this Agreement or exercise any right or remedy it may have at law or in equity, including the right to specifically enforce the terms and conditions of this Agreement. If any voluntary or involuntary petition or similar pleading under any section of any bankruptcy or insolvency act shall be filed by or against the Developer; or any voluntary or 13 involuntary proceeding in any court or tribunal shall be instituted to declare the Developer insolvent or unable to pay the Developer’s debts; or the Developer makes an assignment for the benefit of its creditors; or a trustee or receiver is appointed for the Developer or for the major part of the Developer’s property; the City may elect, but is not required to, terminate this Agreement with or without notice, to the extent permitted by law and enforceable under applicable federal bankruptcy laws. In order to terminate this Agreement, the City’s sole obligation shall be to record a Certificate of Default with the Kendall Recorder’s Office, executed by the Mayor, stating that this Agreement is terminated pursuant to the provisions of this Section 17(b), in which event this Agreement shall ipso facto automatically become null and void and of no further force and effect. (c) If, in the Developer’s judgment, the City is in material default of this Agreement, the Developer shall provide the City with a written statement indicating in adequate detail any failure on the City’s part to fulfill its obligations under this Agreement. The Developer may not exercise any remedies against the City in connection with such failure until thirty (30) days after giving such notice. If such default cannot be cured within such thirty (30) day period, such period shall be extended for such time as is reasonably necessary for the curing of the same, so long as the City diligently proceeds with such cure; if such default is cured within such extended period, the default shall not be deemed to constitute a breach of this Agreement. Any failure or delay by the Developer in asserting any of its rights or remedies as to any default or any alleged default or breach shall not operate as a waiver of any such default or breach of any rights or remedies it may have as a result of such default or breach. 14 (d) In addition to any other rights or remedies, a party may institute legal action against the other party to cure, correct, or remedy any default, or to obtain any other remedy consistent with the purpose of this Agreement, either at law or in equity, including, but not limited to, the equitable remedy of an action for specific performance; provided, however, no recourse for any claim under or upon any obligation contained in this Agreement shall be had against the City, its officers, agents, attorneys, representatives, or employees, in any amount or in excess of any specific sum agreed to be paid by the City pursuant to this Agreement; and no liability, right, or claim at law or in equity shall be attached to or incurred by the City, its officers, agents, attorneys, representatives, or employees in any amount in excess of any specific sums agreed by the City to be paid hereunder, and any such claim is hereby expressly waived and released as a condition of and as consideration for the execution of this Agreement by the City. (e) The rights and remedies of the parties are cumulative and the exercise by a party of one or more such rights or remedies shall not preclude the exercise, at the same time or different times, of any other rights or remedies for the same default or for any other default by the other party. Section 18. Amendment. This Agreement, and any exhibits attached to this Agreement, may be amended only in writing signed by all parties with the adoption of any ordinance or resolution of the City approving the amendment, as provided by law, and by execution of the amendment by the parties or their successors in interest. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreements, negotiations, and discussions relative to the Project. 15 Section 19. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. [SIGNATURE PAGE FOLLOWS] 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers on the above date at United City of Yorkville, Kendall County, Illinois. City of United City of Yorkville, Kendall County, an Illinois municipal corporation By: __________________________________ Mayor Attest: ______________________________ City Clerk TCB123, LLC, an Illinois limited liability corporation ___________________________________ By: ___________________________________ Its _____________________ 17 Exhibit A Redevelopment Project Costs Acquisition $1,200,000.00 General renovation costs $ 400,000.00 Engineering, Architectural and Design $ 50,000.00 Legal fees $ 15,000.00 Signage Costs $ 10,000.00 Outdoor lighting $ 6,000.00 Landscaping costs $ 2,000.00 18 Exhibit B REQUEST FOR REIMBURSEMENT City of Yorkville 800 Game Farm Road Yorkville, Illinois 61490-9999 Re: Redevelopment Agreement dated ________, by and between the United City of Yorkville, an Illinois municipal corporation, and TCB123, LLC, an Illinois limited liability company Dear Sir: You are requested to approve the disbursement of funds from the Rowdys Sub-Account Special Tax Allocation Fund pursuant to Section 4(b) of the Redevelopment Agreement described above in the amount(s), to the person(s) and for the purpose(s) set forth in this Request for Reimbursement. The terms used in this Request for Reimbursement shall have the meanings given to those terms in the Redevelopment Agreement. 1. Request for Reimbursement No.: 2. Payment Due to: 3. Amount to be Disbursed: 4. The amount requested to be disbursed pursuant to this Request for Reimbursement will be used to pay Redevelopment Project Costs as defined in the Agreement and as listed on the Schedule to this Request for Reimbursement. 5. The undersigned certifies that: (i) the amounts included in 3 above were made or incurred or financed and were necessary for the project and were made or incurred in accordance with the construction contracts, plans and specifications heretofore in effect; (ii) the amounts paid or to be paid, as set forth in this Request for Reimbursement, represents a part of the funds due and payable for Redevelopment Project Costs; (iii) the expenditures for which amounts are requisitioned represent proper Redevelopment Project Costs identified in the Agreement, have not been included in any previous Request for Reimbursement, have been properly recorded on the Developer’s books and are set forth on the attached Schedule, with paid invoices attached for all sums for which reimbursement is requested; (iv) the moneys requisitioned are not greater than those necessary to meet obligations due and payable or to reimburse the Developer for his funds actually advanced for Redevelopment Project Costs; (v) the amount of Redevelopment Project Costs to be reimbursed in accordance with this Request for Reimbursement, together with all amounts reimbursed to the Developer pursuant to the Agreement, is not in excess of $168,000; (vi) the Developer is not in default under the Agreement and nothing has occurred to the knowledge of the Developer that would prevent the performance of its obligations under the Agreement. 6. Attached to this Request for Reimbursement are copies of invoices or bills of sale and Mechanic’s Lien Waivers covering all items for which reimbursement is being requested. TCB123, LLC, an Illinois limited liability company Date: By: ___________________________________________ APPROVED: ___________________________________________ City of Yorkville, an Illinois municipal corporation Property Name:Rowdy's (formerly Ojs Tap) Address or PIN #02‐355‐55‐55‐555 Acquisition Cost:1,200,000.00$                           General renovation costs:400,000.00$                               All engineering, architectural design costs:50,000.00$                                 Any legal fees incurred by developer:15,000.00$                                 Signage costs:10,000.00$                                 Outdoor lighting costs:6,000.00$                                   Landscaping costs:2,000.00$                                   Any interest costs on borrowing: Agenda Item Summary Memo Title: Meeting and Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: See attached memo. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Agenda Item Number NB #6 Tracking Number EDC 2013-06 Kendall Crossing PUD Preliminary Plat EDC/January 2, 2013 9/25/2012 Concept PUD Plan EDC #3 Majority Vote Request for preliminary plat approval for the Kendall Crossing PUD. Krysti J. Barksdale-Noble Community Development Name Department Petitioner’s Request & Background: The Petitioner, James G. Ratos (Kendall Crossing LLC), was recently granted approval of a Special Use Permit for a Planned Unit Development (PUD) on the property for the Kendall Crossing development (formerly Countryside Center) located at the northwest quadrant of US 34 (Veterans Parkway) and Il Route 47 (Bridge Street). The City Council approved a preliminary concept plan of the PUD which consisted of six (6) lots, a new 38,500 square foot cinema complex with five (5) supplemental outlots, subject to the following conditions: 1. The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the Subject Property within one (1) year from the date of the ordinance approval. 2. Authorization to vary from the required off-street parking standards to permit parking stalls that are narrower in width than the minimum required 8.5 feet for 90 degree stalls and the Landscape Ordinance requirements to provide one (1) landscaped island for every 20 parking s paces, per staff’s review and approval. 3. Authorization to vary from Section 10-11-4-B the number of required off-street parking stalls to provide 418 spaces rather than 662 spaces as required. 4. Authorization to vary from the required off-street loading requirements, to permit one (1) off- street loading dock for the theater, rather than the two (2) docks required. 5. Authorization to vary from the Subdivision Control Ordinance and stormwater management requirements, subject to review of final engineering plans and the recommendation(s) of the City Engineer. The Petitioner initially submitted for Preliminary and Final Plat approval; however, is now requesting recommendation only for Preliminary Plat approval from the City Council at this time. Plan Commission Action: The Plan Commission reviewed the requested Preliminary Plat at a public hearing held on December 12, 2012 and made the following action: Motion to recommend approval of a request for Preliminary Plat approval for the Kendall Crossing PUD, as presented by the Petitioner in a site plan prepared by RB & Associates Consulting Inc. dated December 6, 2012, subject to review comments prepared by the City’s Engineering Consultant, EEI, in a letter dated December 7, 2012 in addition to staff recommendations provided in a memorandum dated December 7, 2012. Action Item: Lindblom- aye; Crouch-aye; Weaver-aye; Jones-aye; Baker-aye; Adams-aye; Kraupner- aye 7 ayes; 0 nays Staff Comments As mentioned above, the Petitioner is only seeking Preliminary Plat approval at this time and the public hearing for Final Plat has been continued until the February 13, 2013 Plan Commission meeting. Staff has attached a copy of the memorandum from the Plan Commission meeting regarding this request for your reference as well as the latest revised plat . The petitioner will be present at Memorandum To: Economic Development Committee From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Date: December 20, 2012 Subject: PC 2012-11 Kendall Crossing PUD – Preliminary Plat Approval Tuesday night’s meeting to answer any questions of the Economic Development Committee members. Petitioner Request/Background: As the Plan Commission will recall, the Petitioner, James G. Ratos (Kendall Crossing LLC), was recently granted approval of a Special Use Permit for a Planned Unit Development (PUD) on the property for the Kendall Crossing development (formerly Countryside Center) located at the northwest quadrant of US 34 (Veterans Parkway) and Il Route 47 (Bridge Street). The approved preliminary concept plan of the PUD consisted of six (6) lots, a new 38,500 square foot cinema complex with five (5) supplemental outlots, and subject to the following conditions: 1. The Developer must submit and obtain approval of Preliminary Plan or Final Plat for the Subject Property within one (1) year from the date of the ordinance approval. 2. Authorization to vary from the required off-street parking standards to permit parking stalls that are narrower in width than the minimum required 8.5 feet for 90 degree stalls and the Landscape Ordinance requirements to provide one (1) landscaped island for every 20 parking spaces, per staff’s review and approval. 3. Authorization to vary from Section 10-11-4-B the number of required off-street parking stalls to provide 418 spaces rather than 662 spaces as required. 4. Authorization to vary from the required off-street loading requirements, to permit one (1) off- street loading dock for the theater, rather than the two (2) docks required. 5. Authorization to vary from the Subdivision Control Ordinance and stormwater management requirements, subject to review of final engineering plans and the recommendation(s) of the City Engineer. The Petitioner is now requesting recommendation for Preliminary and Final Plat approval fro m the Plan Commission. Proposed Preliminary Plat: The overall Kendall Crossing development has a total land area of approximately 17.74 acres resubdivided into seven (7) parcels. As illustrated on the attached Preliminary Plat for the Kendall Crossing PUD, Lot 1 of the resubdivided Countryside Center will cover approximately 7-acres and contain the 10-screen multiplex theater to be owned and operated by Neighborhood Cinema Group (NCG). According to the Petitioner, Lots 2-6 are intended for commercial development such as restaurants and other uses complimentary to the movie theater. Lot 7 will be dedicated for all internal roadways and access drives which will be privately maintained. A proposed new right-in/right-out access off of Route 47 is also proposed. Below is overall site information regarding the proposed Kendall Crossing PUD, as provided on the Preliminary Plat: Proposed Use Site Area Lot 1 Cinema Complex 7.0586 acres Lot 2 Commercial 1.1507 acres Lot 3 Commercial 1.0132 acres Lot 4 Commercial 1.8400 acres Lot 5 Commercial 1.7391 acres Lot 6 Commercial 2.0769 acres Lot 7 Common Drives 2.8632 acres TOTAL PROPERTY 17.7417 acres Memorandum To: Plan Commission From: Krysti J. Barksdale-Noble, Community Development Director CC: Bart Olson, City Administrator Brad Sanderson, EEI, City Engineer Date: December 7, 2012 Subject: PC 2012-11 Kendall Crossing PUD – Preliminary & Final Plat Parking The following parking information provided by the Petitioner on the site data table on page 3 of the Preliminary Plat: Parking Spaces Ordinance Requires 577 Regular 8.5’x20’ Provided 402 Regular 8.5’x20’ Ordinance Requires 12 Handicap 16’x20’ Provided 9 Handicap 17’x20’ Total Required 577 Spaces Total Provided 411 Spaces Utilities The property is currently serviced by public utilities, as there is existing water, storm sewer and sanitary sewer lines throughout the site. All other dry utilities, such as electrical, gas, cable and telephone are also available to the property. The Preliminary Plat illustrates all locations of all existing and proposed utilities as well as the associated public utility easements for the Kendall Crossing PUD. Roadways As mentioned previously, the internal roadway will be privately maintained. The Petitioner has proposed creating an Illinois Not-For-Profit Corporation known as Kendall Crossing Business Owner’s Association, which will be primarily responsible for the common area maintenance which will establish a reserve fund dedicated for street maintenance, common area signage and landscaping. The Petitioner will execute a cross-access easement to be recorded with the Final Plat allowing all future owners of the various lots within the PUD to access the private roads. There is currently an existing cross-access agreement with the McDonalds restaurant to the south of Lot 1 which will be maintained. All access points connecting the private roadways with public streets (i.e., Countryside Parkway, Route 47 and Center Parkway) will remain unchanged with the exception of the proposed new right- in/right-out curb cut onto Route 47 just north of the movie theater parcel between Lot 1 and Lot 2. This proposed new east-west access point will require an Illinois Department of Transportation (IDOT) permit. Phased Development The Preliminary Plat indicates on page 3 that the Kendall Crossing PUD will occur in two (2) phases. Phase 1 will focus on the construction of the cinema complex (Lot 1), including the watermain, sanitary and storm sewers serving the area. Additional construction in this phase will also consist of installing the main parkway road, the parking and roadway surrounding the movie theater on the east and west sides of Lot 1 northerly towards Countryside Parkway and the new right-in/right-out access point onto Route 47. According to the Petitioner’s “Statement of Planning Objective to Be Achieved” submitted with their application, they anticipate commencing construction of Phase 1 around January 15, 2013. The construction schedule for Phase 2 of the Kendall Crossing PUD will largely depend on the sale of the remaining parcels within the development (Lots 2-6). The individual site plans for these lots will be submitted for review and approval by staff and will occur as part of the building permit process. Staff Comments In addition to planning and various departmental staff, the proposed Preliminary Plat has also been reviewed by the City’s engineering consultant, EEI, for compliance with the Subdivision Control Ordinance and Standards for Specification requirements. Those comments regarding the plans were provided to the Petitioner on November 20, 2012 (see attached). A letter from the Petitioner’s Attorney dated November 27, 2012 and revised plans dated December 6, 2012 were provided to Staff in response to the engineering comments and are included as an attachment. EEI also reviewed the attached Preliminary Plat submittal prepared by RB & Associates Consulting Inc. and provided supplemental comments in a letter dated December 7, 2012 (see attached). Below are additional planning staff comments: An overall Preliminary Plat which fits onto a single page should be provided, and additional detail sheets (if needed) may be included. The site data table included on the Preliminary Plat does not include all the detail as required by the PUD Ordinance (such as: total area of property in square feet and acreage; square footage and percent site covered with buildings on Lot 1; Gross Floor Area for the building on Lot 1, etc…) Ord. 2012-40 authorized a variance from the required off-street parking regulations to provide 418 spaces rather than 662 spaces as required. The Preliminary Plat indicates on the site data table that the provided parking stalls have been reduced by seven (7) parking stalls to 411 spaces. While we note that although the Petitioner was granted a variance to allow a minimum parking stall width of 8 feet rather than the required 8.5 feet, the proposed Preliminary Plat indicates the parking stalls will meet the Parking Regulations minimum design size. However, the decrease in overall stalls from the approved Ordinance cannot be varied without amending the PUD. It should be noted that the required parking spaces per Section 10-11-4-B of the Zoning Ordinance is 662 spaces, not 577 spaces. Further, the site data table indicates that Lot 1 will have only nine (9) of the required twelve (12) ADA parking stalls. ADA parking standards are federally and state mandated and locally enforced. There are some discrepancies with the total acreage of the site on the Preliminary Plat (example: Page 3 indicates the Total Property = 17.7417 acres and the Site Date Table indicates Area Total = 17.74166 acres). Page 1 of the Preliminary Plat the word “Memorial” of Nelson Memorial Services, PC is misspelled. Page 3 of the Preliminary Plat in the development phase detail, “Countryside” is misspelled. Proposed Final Plat: The proposed Final Plat has been reviewed by the City’s engineering consultant EEI, for compliance with the Subdivision Control Ordinance and Standards for Specification requirements. Those comments regarding the plans were provided to the Petitioner on November 20, 2012 (see attached). A letter from the Petitioner’s Attorney dated November 27, 2012 and revised plans dated December 6, 2012 were provided to Staff in response to the engineering comments and are included as an attachment. In general, Staff has expressed concern with the Petitioner and their design team that final engineering plans will need to be completed and reviewed before Final Plat approval can be recommended by staff. As details regarding the proposed utilities and approval from outside agencies (i.e., IDOT) are firmed up, the fine tuning and specific features of the site plan, including landscaping, cannot be committed to at this time in the form of a Final Plat. Staff Recommendations: Based upon the review of the Kendall Crossing Preliminary Plat and Final Plat, as well as the compliance with the City’s PUD Ordinance, Subdivision Control Ordinance and Standards for Specification requirements, staff recommends approval of the requested Preliminary Plat subject to comments by the City Engineer on a letter dated December 7, 2012 and staff comments provided in a memorandum dated December 7, 2012. Proposed Motion: In consideration of testimony presented during a Public Hearing on December 12, 2012 and discussions conducted at that meeting, the Plan Commission recommends approval to the City Council of a request for Preliminary Plat approval for the Kendall Crossing PUD, as presented by the Petitioner in a site plan prepared by RB & Associates Consulting Inc. dated December 6, 2012, subject to review comments prepared by the City’s Engineering Consultant, EEI, in a letter dated December 7, 2012 in addition to staff recommendations provided in a memorandum dated December 7, 2012 and further subject to {insert any additional conditions of the Plan Commission}… Attachments: 1. Copy of Petitioner’s Application w/attachments. 2. Kendall Crossing PUD – Preliminary Plat, prepared by RB & Associates Consulting Inc. dated December 6, 2012. 3. Kendall Crossing PUD – Final Plat, prepared by RB & Associates Consulting Inc. 4. EEI Letter to the City dated November 20, 2012 re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review. 5. Daniel J. Kramer Letter to the City dated November 27, 2012 re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review. 6. COY letter to Petitioner Attorney, Daniel J. Kramer, dated November 30, 2012 re: Kendall Crossing – Proposed Planned Unit Development (PUD) Plan & Final Plat Approval. 7. EEI Letter to the City dated December 7, 2012 re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review. 8. Copy of Public Notice. 2�cE0 C/J`. United City of Yorkville d d [ D 26 800 Game Farm Road NOV 1 c 2012 ? _ - 'BM Yorkville, Illinois 60560 Telephone: 630-553-4350 COMMUNITY DEVELOPMENT Fax: 630-553-7575 DEPARTMENT <tE �b4 PC# APPLICATION & PETITION Please Check One: x Preliminary Plan Final Plat Development Name: Kendall Crossing Date of Submission: November 1 ,5 2012 1. Name of Petitioner(s): Kendall Crossing, LLC. Address: 207 W. Kendall, Yorkville, IL 60560 Phone Number: 630-269-6385 Fax Number: 630-553-5117 Email Address: 7 i mratos @9mail.com 2, a). Street address and physical location of subject property: Corner of Route 41 and Countryside Parkway, Yorkville, IL b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 17. 74 3. Contact Information: Name, address,phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J. Kramer Attorney: Name: Daniel J. Kramer Address: 1107A S. Brdige Street, Yorkville, IL 60560 Phone Number: 630-553-9500 Fax Number: 630-553-5764 Email Address: dkramer @dankramerlaw.com United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 i 27 Continued — 3 . Contact Information Engineer: Name: RB & Associates Surveyor Address: 4 W, Main Street, Plano, IL 60545 Phone Number: 630-552-7452 Fax Number: 630-552-7702 Email Address : ron @rb-associates .net Land Planner: Name: N /A Address: Phone Number: Fax Number: Email Address: 4. 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 3 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Community Development Department for verification of this amount). c. To begin the review process, the initial submittal must consist of: 1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope 2. 7 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3 . 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13" enveloped. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits), preliminary plan or final plat, landscape plans, engineering plans. Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the plan council meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members, United City of Yorkville Preliminary/Final Plat Application Revised:_ 1.29.09 i 28 In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: 1 / IS /ia Petite Cr s) Sign&t e: legal property ow rs signatures or their authorized agents (i.e.Planner, e tioner's Attorne , ngineer)must appear on this application.) Subscribed and sworn to before me this day of N)OVeM 200 la "OFFICIAL SEAL" � FAI HANSOId NOT TATE OF ILLINOIS MY COMMISSION EXPIRES 10/202015 APPLICATIONMUST BENOTARIZED. United City of Yorkville Preliminary/Final Plat Application Revised;_1.29.09 i 29 PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees* and all pertinent materials to the Community Development Department a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S . Army Corps of Engineers, etc., to allow timely review by City. *Fees: 1 . Preliminary Plan Fee - $500/Final Plat Fee - $500 a. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. b. Engineering Review Deposit - up to 1 acre = $ 1 ,000; over 1 acre but not over 10 = $2,00 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $ 10,000 over 100 acres = $20,000 c. Deposit for Outside Consultants - under 2 acres = $ 1 ,000 2 to 10 acres = $2,500 over 10 acres = $5 ,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9 :00 a.m, in the city conference room. Upon recommendation by the plan council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: Community Development Director, City Engineer, Building Department Official, Public Works Director, Director of Parks and Recreation, Fire Department Representative, and Police Department representative. Step 3: For Preliminary Plans only; Park Board planning meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board planning meeting is the 4th Thursday of each month at 7:00 p.m. at the Riverfront Building, 201 W. Hydraulic Street. Step 4 : Plan Commission : The Plan Commission meets the 2nd Wednesday of each month at 7:00 p.m. in the Yorkville public library at 902 Game Farm Road. The Plan Commission will make a recommendation for the City Council 's consideration. The Plan United City of Yorkville Preliminary/Final Plat Application Revised:. 1.29.09 I i 30 Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. Step 5: The project will be discussed in an informal atmosphere at the Economic Development Committee meeting,held the first Tuesday of each month at 7 P.M. in the City Council chambers. This session is to discuss and consider recommendations of prior committee meetings. Step 6: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council, Prior to the recording of the final plat,the petitioner must pay the Administration Fee. This is equal to 1.25%of the approved engineer's estimate of construction costs of land improvements, including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner's associations such as private storm sewer, parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents,bonds, and letters of credit are submitted to the city,the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all city signatures are in place,the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. 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(retaining a copy for your records)to ZDepu rk, United Ci ty of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. a o Date titioner United City of Yorkville Preliminary/Final Plat Application Revised:_1.29.09 31 I i CHECK LIST FOR PRELIMINARY PLANS SECTION 1 : WRITTEN DOCUMENTS I . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan X --- B A time schedule of the proposed development of the area X covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan, including the X specific section of the Ordinance. I 2. A boundary survey of the area covered by such preliminary plan, X prepared and certified by a registered Illinois surveyor. — SECTION 2: GENERAL PLAN INFORMATION 1 . A rendered outline of the area covered by such preliminary X plan drawn at a scale of not less than I inch equals 100 feet. — 2. The plan must contain the following information: X A. Scale _X__ B. North Arrow _X_ C. Original and Revised dates — D. Name and address of owner of record - XX E. Name and address of site plan designer -X_ F. Current zoning of the property -_X_ G. All categories of proposed land use — 3 . The following. information regarding contiguous property: X A. Location of contiguous property B . Zoning of contiguous property -X—C. Land use of contiguous property -X_ 4. The following site data provided in the lower right corner: X A. Size of property in square feet or acres — B. Square footage and percent of site coverage with buildings . X X C. Square footage and percent of site coverage with pavement — D. Number of parking spaces to be provided X E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots X — SECTION 3 : PLAN DATA REQUIREMENTS I . A site location map. 2. Dimensions of the property. 3 . A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed storm water detention or retention facilities. 5 . Existing or proposed public roads, streets, and alleys, including classifications, width of right-of-way and paved surfaces, and existing and proposed sidewalks. United City of Yorkville Preliminary/Final Plat Application Revised:, 1 .29.09 LOT 7 (EXCEPT THAT PART DESCTRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST ALONG A SOUTHERLY LINE OF SAID LOT, 309.0 FEER TO A SOUTHEAST CORNER OF SAID LOT 7 FPR A POINT OF BEGINNING; THENCE SOUTH 80 DEGREES 58 MINUTES 11 SECONDS EAST ALONG SAID SOUTHERLY LINE 309.0 FEET TO A SOUTI4EAT CORNER OF SAID LOT 7; THENCE NORTH 04 DEGREES, 45 MINUTES 'EAST ALONG AN EASTERLY LINE OF SAID LOT 7, 90.0 FEET; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 02 SECONDS WEST 185. 15 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPTING THAT PART DESCRIBED AS FOLLOWS : BEGINNING AT THE INTERSECTION OF THE SOUTHERNMOST LINE OF LOT 6 OF SAID RESUBDIVISION WITH THE WESTERLY LINE OF ILLINOIS ROUTE NO. 47; THENCE SOUTH 69 DEGREES 58 MINUTES 14 SECONDS WEST ALONG SAID SOUTHERNMOST LINE 230.45 FEET TO THE SOUTHERNMOST CORNER OF SAID LOT 6; THENCE SOUTH 19 DEGREES 57 MINUTES 46 SECONDS EAST 192.30 FEET; THENCE NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST 141 .82 FEET TO SAID WESTERLY LINE; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG SAID WESTERLY LINE 211 .98 FEET TO THE POINT OF BEGINNING) OF THE RESUBDIVISION OF PART OF BLOCK 1 , COUNTRYSIDE CENTER, UNIT NO. 1 , YORKVILLE, ILLINOIS, AND ALSO THAT PART OF CENTER PARKWAY LYING NORTHERLY OF THE NORTH RIGHT OF WAY LINE OF U.S. ROUTE 34 AND SOUTHERLY OF THE NORTH RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY, AND ALSO THAT PART OF COUNTRYSIDE PARKWAY LYING EASTERLY OF THE WEST RIGHT OF WAY LINE OF CENTER PARKWAY AND WESTERLY OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, AND ALSO THAT PART OF ILLINOIS ROUTE 47 LYING SOUTHERLY OF A LINE THAT IS 70.0 FEET SOUTHERLY OF AN CONCENTRIC WITH THE SOUTH RIGHT OF WAY LINE OF 1 COUNTRYSIDE PARKWAY EXTENDED EASTERLY, AND NORTHERLY OF A LINE THAT IS 60.0 SOUTHERLY OF AND PARALLEL WITH THE MOST EASTERLY SOUTHERLY LINE OF SAID LOT 7 EXTENDED EASTERLY, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. P.I.N.# 02-28- 104-015 I STATEMENT OF PLANNING OBJECTIVE TO BE ACHIEVED i With respect to Lot 1 of the re-subdivision of Countryside Center Developer seeks to I construct a 10 screen multiplex theater with construction to commence approximately on January 15 , 2013 . With respect to Lot 7 the legal description is for all internal roadways that are to be private access drives governed by an owner' s access and easement agreement. The roadways will be privately maintained as part of the common area maintenance. An Illinois Not-For-Profit Corporation will be formed by the Developer and will be continued to be maintained by the Developer James Rates for the benefit of all lots within the property. Lots 2-6 are intended to be developed for commercial uses with the market likely being restaurants and uses related to the new theater. i I III PRELIMINARY PLAT KENDALL CROSSING PUD BEING A RESUBDIVISION OF PART OF LOT]OF THE RESUBDIVISION OF PART OF BLOCK I OF COUNTRYSIDE CENTER UNIT NO. 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. m VU �1iC.i: C t33T -N- N NO'' S1 D Lc)r o LOT s LOT 0' 80' 120' 180' -Gs'" Scale: I " = 60' Los r Lo. `'0 LOi 37- � PARKWAY - 42 3 �_ ,949' .. may —. �AD!=u GEas'cnsa RAmus N \ LOT 41 f+. GO` 1� cH -N.5T13d6 E 71. - 4 r LOT 00%uE ZOO RAQIUS 25 LE-91$a ,6;wA t �� LO ; 4 L NE2194450" E sWOMti°�EpO RgOlus, � LOT 3\ �- S,irwH o a�w' e Ee�i Y g LEGEND: FOUND IRON PIPE = • 'V <8'JZ 1£ 57. \ y \ f „5 r �.T 'r;•« 'L .W . Is FOUND CROSS IN GONG. % SETX-IRONPIPE O SEi CONE SURV ETAION \ 110` \ \ ✓� \ ? 217 PUBLIC EAST. STORM SEWER pUE S D, PROP $TOPI SEWER —SO- EASFWATERAWN W, 1. ➢a S \y OT Y " S 4 EXC 5 _T 0 /2 PROP WATER MAIN —w— 8400 ACRES 'y ! E%IST SANRARYSEWER = SS, PROP SANITAAYSEWER = —SS— EXIST. - s '. A LOT PROP UG TO ELECTRIC EU .�T "I rr 2 EIE �EU� EA G. LEPHOPHO ST U TENE CUr EAST. CABLE . _ —rv- GA Ewsr. GAS DAN TV. = --c,— L01 6 \y ,eu � \ E l . .. � Rul im N8 TM r RB & ASSOCIATES CONSULTING , INC ' C 4 W MAIN STREET DESIGN FIRM 4 PLANO , IL 60545 184-004475 PREPARED DEC. 6, 2012 PAGE 1 OF 3 (630) 552-7452 www. 1 1a1 es.ne1 DWG N 2012-14318-001 C (PREL) PRELIMINARY PLAT KENDALL CROSSING PUD BEING A RESUSDIVISION OF PART OF LOT] OF THE RESUBDIVISION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO. 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28. TOWNSHIP 37 NORM, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. all r Y -Y+ _ x F .r 1 9 low NO eD' 12e IN Scale: 1 " = 60' „ a do 1 , 19 N o 5 \ e w.ASswLDfNW REG, N00°4349V 84W o {� JOB 0 MEAS. N 01.1954•W aq 4 EC. S yld r,' �$ G �f z 5911•W. FAS. 5. 00.3B39' smiimury usexvrt �: .. s E 1 LOT 1 = 7.0586 ACRES T — I a�¢ LOT 2 - 1.1507 ACRES ION�we _ , ,_ i \ Q BS y f F ��-- ems- R.N D4 OByp E. 90 m. LOT 4 = 1.8400 ACRES wi \ P�rt`o°Nap� � °° y 6a, " " ` I (I X55L LOT5 = 17391 ACRES 1faP1 � fl TI 1aeB LOT6 = 2.0769 ACRES COMMON DRIVES = 2.8632 ACRES LEGEND: - aeumvE �.n II TOTAL PROPERTY 17.7417 ACRES FOUND IRON PIPE _ ml I , ln O FOUND CROSS IN Call = X I y x IIS va _Z PUSU SETX'IRONPIPE = O I a) I GS>�E awNnaie Yti41 rAEC' 'ELY 4 � SET CONK. SURVEY AWN = ' wa . 21 ' JI PUBLICUIILIN EASE. = PUE " Nairn BZ 6 f} (� lu auroLLeauix —)I EXIST.STOMA SEWER = -SD,-- ( } jpqp'�t L✓ REO PROP.STOMA SEWER = SG � �y __ 8 ;;,� �� {{^^ V_� l.,r>�'�" pV,`(� �F p Ip IAV WATERAWN = —o .a4' oSALUEOe2� 5 \V�` GGS��``• V I ��✓' �= ZON Oe2 yONGD 2A0 PROP,WATER MAIN _W— -_...--m I z �E - L .l Ui�, �.,,, )? $ Is EXIST.SANITARY SEWER = —SS.— „rte°' ( C PROP.SANITARY SFACT = —SSA s ice. EAST.IJOELECTRO = —EU.— ° puatwA uirvClsw.•O� ) PROP.VG. ELECTRIC = AEU— —�z CAST.0.TELEPHONE _ _CUr �•/I 1 RO zgvEU x-2 XI EST. UG.CABLEIV. _ —TV. EXIST.GAS AWN = —G,-- 34 (VETERANS PARKWAY T'Vsm ` ) OR"EN BJ NE55 OWNER AND yweN� KENDALL CROSSING DEVELOPER: se TO JAMES G. RATOS (Manager) wEOB'06 207 W. Kendall Drive sca w`aryu^°O toNEa�mESS ,^s Yorkville, Illinois 60MO RB & ASSOCIATES CONSULTING , INC e ® 4 W MAIN STREET DESIGN FIRM N PREPARED DEC. 69 2012 PAGE 2 OF 3 P(30) 5512-74525 enwUroa00oGat e.net DWG H 2012-14318-002 C(PREL) I PRELIMINARY PLAT KENDALL CROSSING PUD BEING A RESUSDIVISION OF PART OF LOT ]OF THE RESUBOMSION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO, 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH, RANGE T EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS. PEOFWAI 1 eEx¢eN'tl°- •,,•� \- m�oaan ( 2�2� _. I -'- � `{93. N.64hDe5 E AEB' LOT 4 = 1.6400 ACRES T3 � �Tm I LOT 5 — 1.]391 ACRES _�_ I f7T la 3 r j �q W LOT 6 2 0]fi9 ACRES TI rq�, COMMON DRIVES = 2.8632 ACRES u. aeuro�e. uv I � I r TOTA'PROPERTY = JT741TACRES L 0' 60' 120' 1140' my J Scale: 1 " = 60' DIE°x.2 U -'I IICIXi HfVa'. _.,.,... I NAEQ sxyl LEGEND: - - _ RE°;�„E„;” ' FOUND IRON PIPE _ ° I AM ZIXI EOe12 WA � ¢ FGUHDGROSSIN TANG = : ROUTE 34 SETX'IRONPIPE SIN = Q SET CONC.SURVEY ANON,_ PUBLICUIRITYEASE. = PUE ER EYJSILSTORMSEW = —GD; PROP.STORMSEWER = _SD— RA NS �( EXIST.WATERAWN = —W �AR!\VVA \i` PROP.WATERAWN = —W. SEXIST.GANNARYSEWER = —SS— lx94O PRORSANITARYSEWER = —SS— PE EAST. UQELECTRIC --EU., PROP. UG.ELECTRIC = —eu-- 1eN0 Wga5 EXIST.US. TELEPHONE _ —OV, . a EAST.UG.CABLE N. _ - ITI 0\EO EXIST.GAS AKIN ZOxEe S's OWNER AND DEVELOPER: KENDALL CROSSING TC aER4NRN CeR� JAMES G. BATOR Nv nager) AA SD5 207 W. Kendall Drive e EEM''f'ERIN o LVVE DpWESe Yor Wille, Illinois 60560 s Ex aE5`I t DAY SURVEYOR B ENGINEERING: a RB 8 ASSOCIATES CONSULTING, INC. 4 W, Main Street Suite 201 Plano, Illinois 60545 CURRENT ZONING: 9-2 General Business SITE DATA TABLE PROPOSED ZONING: B-2 General Business PUD J. LA � � ¶ ° L AREA TOTAL 17.74166 ACRES '4y PARKING SPACES SS Ca w S ORDINANCE REQUIRES 5]]BEGVIPA &5'X20' do LEGAL DESCRIPTION' ,( .3 §{e J' I PROVIDED 902 REGULAR B5'%2V L M1r j 1,A / L /Ix� £ ORDINANCEREOUIRES 12HANDICAP 16X20' THATPARTOFLOT]Ot T11ERE5UBDWI510NOFPARTOFIIi. CKIOFCOUKfRYSIDECEMERI NO lINTHEUF DC1 OFYONKVILLF. AAAtltltl 4'$, �/ wi# I KFNDALLCOf r\',ILLPOISACCOMWGTOTIIFPLAT111EI UOFMCOMMA5D hEN7NM0ERT9-1982HF.INODF$CItIBEDBY ( g SS PROWDED 9HANDICAP 1]'X21 COMMENCING AT THE SOUTHEAST CORNEROF SAID LOT]:THENCE NORTH OI DEGREES 45 MINUTES 00 SECONDS CAST LONG ME EAST LINE +3 �p TOTALREOUIRED 9]SPACES OF SAID LOT],ALSO BEING THE WESTERLY OUR OF WAY LINE OF ILLINOIS ROME NO,47.A DISTANCE 0"00 LINT FORTHE POINT OF ti I BEGINMIN'G'THENCE NORM AO OEOILES 52 MINUTES It SECONDS WEST PAIALLFL WWII TIIh.SOURIERLYLPTOF$AINLOT),ADISTANCE TOTAL PROVIDED 411 SPACES OF 140.35 FEET.THENCE SOUTH 70 DEGREES 02 AENMES 01 SECONDS WES E A DISTANCE OF SOFT EE TO A FAINT OF BEND IN SAID LOT T. p rI VIVA � THENCE SOUTH M DEGREES 45 MINUTES A SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT],A DISTANCE OF 14 W MET: THENCE NORTH 95 DEGREES IS HIGH FES Is SECONDS WEST A DISTANCE OF 2119E TVT TO A POINT ON THE WESTERLY LINE OF SAM LOT]: o ZONING THENCE GOOD 100 DEGREES IB ADULTS 59 SECONDS EAST ALONG SAID WESTERLY LINE,A DISTANCE OF 92]5 EFT TO A POINT OF BEND IN ^ •b @ (1 1 ry` CURRENT 142 GEN EBAL B USINESS SAID LM T:THENC E SOOT 189 DFURE ES 16 MINUEE 511 S ECONDS WEST ALONG TH B SOLI I E RED LINE OF SAE)LM T,A DISTANCE OF 216.95 CORNER( ^Op`i4 } FEET LINE OF SAIDL T2,ADISTA CLMZOFSAIT TOAP1INTOF B:NDN SAID LOHW DEGREES BUIDUP DIF RES56MI MINUTES ALONG THE 3 !y \\�♦\♦Y Fii PROPOSED BQ BUSINESS ROD EAST LINEOFAIDFAS ZIME OF LET 2.ADISTANCE' FAPORIIOF OA POI ],ULOTE%VED EROOALONG UENONTNGERVTESODD)FORS EAST LONG SAID OF 32AFEEL A DISTANCE OF 32A2 EEO TOE POINTOFTALB:\RT OF A ALONG AURNEDSOEMNRVETO THE \ \ ? PROJECT LEFi HAVING CONDS OF 32A AID LARGEST2TO FEET TO THE NORTHWEST COTU NO FS SAID CORVE:THENCE NORTHWESTERLY PAVEMENT A ALONG TOP.SECONDS LINT FSAMOT7 BEING ALONG CURVTOTEEFILL VFSTA PALM OF LO f2:T11FACEANCE OFESERLY w SITE ORDINANCE ROAD BASE 12' THEPONIIFOFTAGENTOSAICURVE; LEVEL NORTH 30 TO EGREES EFTIIAVPGARAODS OFSTALNGSAIDISTALCE AND THE ST THE PONT OF TANGENT OF CURVE; FEET TO THE SOUTHWEST 509 ER OF LOT SECONDS1VESUMMSISAIDTAICE NORDI0 DE\VEST g BINDER 4.5' LINENUTES 2LOT;ADISTANCEO4GDIE SGUM THESOMSAID O CORNFSANCE O OF SAID FEESVB HE SION:TISTOOREIR OF DEGREES ) SURFACE 15' I HENCE NORTHEAST ALONG EAST ANON ONLOGE LOGGED CURVE HAVING RA5,A DISTANCE F ET.A DI4FEETTOF SNAP FEET TO DIE PARl OF SAID TANGENT TSSHO N ONSAI RESUBION PLAT;ENH VICE NORTH AGREES OF 60.00 FEET.ADONDSEAST LONG SATOT1EfOD ANODIC OFTM'GEM IL --.� -_, h41 PROPOSED ROAD BASE 12' SOUTH LINE OF LOTS RE D5 OF RESU HENCENORTH69 DEGREES POINT MINUDS IT OF COMPATIBLE OEA CURVE ALONG SAID LEFT RAVING A RA TO A ninn �I • ;' a OF ,THEN 4ANDS ?E STERLYALONGS IDCRVEADI TANCEOF4"ARYATTHEP INRVFTOT @L OF SAM BEING S � � Nil `Sa A DIVIDER TV TIREFAEFL, LINEOF SAID LOTS;[?EASTERLY ALONG MINIMES 40 SEONDSWTNEPONNfOFTMAEMOF SAINNRVF 5.A o � Y F� T.4 L e,.rsR. 44 DA J� 1 flE J IINMES 405ECONDS\VESTALONOSAlI1kA5TfI EASTERLY LOT 5./�, `A SURFACE T.5' TIIfiEA5T41ILl'LIIJEOF$AID LMSTHENCENORTI25 fiIh 51A A 1J �Id 6125.00E ELA DISTM'EOFMD FFEIET TO THEN RTiWEST THENCE OF LOT 6OF$AID ALONG l SUBDMION,TTHENCC1E SOUTHEASTERLYDALO G Y' FIRSTPHASED FORTHE CONSTRUCTIONOFLOTU TIIFWESTERLY LMEOF SAM LOT6 BEING ALONG A CURVE TOUIELET HAVINGARMEMS OF 40.00 FEET,A DISTANCEOF 1949FEETTGA y� INCLUDING THE WATER MAIN.SANITARY 85TORM SERVING POINT OF REVERSE CURVATURE;THENCE SOMIIEASTENS LONG SAM WESTERLY LINT:OF SAID LOT 6 BEING ALONG A CURVE TOTHE Mn iyTv�rS�/a Q BESIDES THE AREA CONSTRUCTION OF THE MAIN PARKWAY ROAD, RIGIrf 11AVINGAlU RADIUS OF 235300 EEC,ADISTANCF.0Y 19121 FEEL TOTIIE$OMHWE4COIINEROF SANDLOT 6: IIIFNCEKOIDII IO 13 -I 1— /„[a,�f ° �se •� "^a'e% ° COUMRE SIDE PARKWAY SAO ACCESSAONT ONTO 4].TO 6 DEGREES 01 THENCE SOUTH 119 DILORM$5] MINUTES 46 SECONDS EAST ALONG THE SOUTH\V TRBLY EWE OF SAID LOT 6 MT SAID LIKE BEING INAINLOT `°•°� Ire J aG�T p -, a F.X IT NDEDS OMIIEILL YADETMCEOFR5.80EFS:TIIENCY NORTH 70 DEGMES02 MINUTES 14 SECONDS FAST.A DISIANCEOF IJIB2 FEET q J gNR `4. TOAMONT ON THE EAST LINE OF SAID LOT T:T1EiCE SOUTH 04 DEGREES 45 MIRMES 00 SECONDS WEST ALONG SAID ELT LINE OF LOT],A L pr BASED 2 ALL CONTINUE AS LOTS ARE SOLD FORTHE DISTANCE OFNGA6 FEET A THE FORT OF BEGINNING CONTAINING 87416 ACHES MORE OR LESS M THE DMEED CITY OF YORKVILLE, LOCATION MAP NORTH ERLY PORN ON OF THE PROPERTY WITH INDIVI CHAT KENDALL COUNTIC ILLINOIS, SITE PLANS AS NEEDED FOR BUILDING IMPROVEMENTS. RB & ASSOCIATES CONSULTING , INC PAGE 3 OF 3 ; ® 4W MAIN STREET DESIGN FIRM # PL PREPARED DEC. 612012 (630) 552-7452 rb-ass O , BE6452 wwW 5184-04]5 4475 s.nal DWG #2012-14318-003 C (FINAL) i FINAL PLAT KENDALL CROSSING PUD BEING A RESUBDIVISION OF PART OF LOT 7 O THE RESUBDIVISION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO. 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWESTOUARTER OF SECTION 20,TOWNSHIP 37 NORTH, RANGE T EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS. -N - m I I 100' 150' Z NjIJLViCRl `I...,.r.=.�w COURT Scale: V' = 50' O FNSVEYE5. r LOT LO 1 A LOT 4 L( SF�� T 2oNEOARES' \iou�°/' N GENE LOT 30 I 1-01, 31 LOT 32 LOf 33 \ PARKWAY AD 49' LOT 42 ('� RADIUS- a ew' 1s zB' SLOT 443 /S` e 0' REG. L-7143 Nl RADIUS 262 .L-71.43'7143' ♦ / 82°1346 E A LOT X14 GO GH-N. iN lPN LOHUS`1,0R 2 'a �'e fn O SAA Rs V�\sfASW N�V; o. HfQONrpFwk. MA +815�UE0.p5,1 �p yv � Tfm 2 B �y L K YOR\CI yONE O(Lj� �� _ M155t` qq ° ^ I-O f 6 LEGEND: �Nw +:5 LOT 5 , a\ m w�D" 21 65 Ywp aow FOUND IRON PIPE l\IWNOe ��m °'w \ °•�'/ N;IgS / // /�\ \ Y �e\.v M��SBS FOUNDCROSSINCONS _ % pq0. @ yp 10NT- SUCGN4SURVEYMON.- E ON�pEE �EGEIOW" DIUS - 25' REG V41.6T Mjj pp'JE�/ / / 10�\ \ Gc POBUGURUTYEASE. = vuE \ •F pY \s RADIUS 41.53' peps BW GOON\E LOT 4 NEZi0 44'50" E. 36.91' fS YOWM yoN GH. /1tlS p So O UN\pps\DEp\EOSpWS+w,( 5 04 E 3131/ / / \ LOT 3 m\ \\° \ / ONYwEYE OAV ' �V0( OO\s� 6q°56 59 E./ °2�° `\ �\ \S. Pp+ moW°'Ee +EVNGN,\F \ O o'er P'DoU O\5 ENO 10N R Ni 649Ai/ / " \ \ \ \ \ NEV` �VN1 lEF ps I LOT 3 R40I b�i�3i y AV // 1 / / 1 .0132 ACRES \ \ m w op vploNn \ US >fi0.0' EISE / ' /apoK \ \ \6 \ 'm GH.ekoo J236p30`=\\99' / / N594g92 5ei// eV SOE SE \\ i\\ \\\\ \ ten E. 51.19, $ 'ss IS \ \29 E 22'figA / p'W' tR / /5d s\O \ \ \\d \\ �1p TP REG' NSq �i / \ �\ \ LOT 4 \\m /USDESE� \ \\ u, EXCEPTION 2 \ Mme'' `\ `\ \ \ 1 .8400 ACRES \ `V / 1 \ \ a4 LOT �% _ �\ `\ �\ LOT 5 \ N\ \ m a \\ 1.1507ACRES V o\\ 1.7391 ACRES \ m\ `\�\°.z `\ �\ `\ NO Lu IIK\ RB & ASSOCIATES CONSULTING , INC MEN 4W MAIN STREET DESIGN FIRM PAGE 1 OF 4 P(6 0) 552-7452B „„ 184-004475 s.net DWG p 2012-143VT001 G FINAL) FINAL PLAT KENDALL CROSSING PUD BEING A RESUBDMSION OF PART OF LOT 7 O THE RESUBDINSION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO. 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNREO CITY OF YORKVILLE, KENDALL COUNTY. ILLINOIS. 16p4. / 1R,�: /3p s\ofs \ \ `N 'm 2\\ /2 y4.B0"\0 2 / / \\ L 6 �_ 1" j604 - pss50' 3 \ \ !n �. / 569" / / \ \ �0 N1691�+. E. 2 - - ues9\ +\\ \ ` ` /sEcK \ �n N 2 \ LOT 4 \\ tl \ \\ 0 EXCEPTION 2 / s\� 100• 150• \\ / MFy,S -Sfi% \\ 1.8400 ACRES \ `v ' 2 \ \ 0. /� SDEBf19Bw \ y LOT 2 Scale: I " = 50' ° \ 2\ LOT 5 \ HN\ \ m 1 .1507 ACRES \ ` v� ' `\ o)\ 1 .7391 ACRES \ +\ m uj N 3364`' 4+ g3 LOT 6 MFps' , \,\✓� \\ � \ \ \ \ / ss`�a '/^ \\ `\ H>�m'�:_C/ PcX l \\ 0��0 N16g.2bOS E I-- r+C 2.0769 ACRES w o` - -/!iZ-xns"'�'E- \ S a \ 's'�'E. �`_�✓ �1 Eps. _ ' � � � u' o• M €Nt2'3540.E R-320 fiJ Vt Joy �\ SBS'S9'16E. 18 ar �+ ( ag3 p -% AqvoZ 1-01 6 /" "��JO \�Cd\N� ,9PUE \\\gd \\\ w so's1oe�Ere�cK_ _1 � _ ?aso�sE-Aii//et,r' ONPGC�S E5g''+°i- - z I I LU N N 'P \ N\\ \\ AO fA \ i — �� IS'PUE R=g41 RCOMMtls \ \O y9 ntA. R°RBtl 43A5' fiz.&' O 1fiA z3• 3031'W'E L=ez L" EOF 'N I 1 \ \ „ 106.099 J K+6v32 w J\ / / ' 41103, i '\ OI 1 ` sa \\ \ SE�pjKi ' L�12491' \ \\ 9tt s%0 '—//— \ L.ww1v N699 1'55'W 1yc209 \ \\ \ \ I 1 O \ / / \ p=ytl 106ur \ \✓ \\ %'`5 21993 5\WW 100 Iq PVE = \ \ Qt++ I I ! \ \ice''' 46•E 513• Pfl"l8 tfi PVEi..`1` \\\\\ m\\ \\�IVPVE 2 4.64• \y \vv 06 W A4.15 LEGEND: / "' m \ \ LOT 1 ` \ 09" 2 \\ \ \ I LEGEND: $ 5.14° . 9'49"W' n`Y \\\ \\\ \ \ I 1 FOUND IRON PIPE _ • REG 5, 5132 X51' � ^ \\ \ \ \ \\\\ Iw y FOUND CROSS IN CONC. = x a` �p V; \ 7.0586 ACRES \ \ SET&IRON PIPE = 0 M O. Y'A,I,.''A A090 WN Omm$ �m \`\P Nxd•xiu'E —%— � \� \+ \ QI SETCONC SURVEY MON.= %ry. \/ Am g # m3 A �I o Pu6uc URUry EASE. = PRE 0\Jg Ff117 oo 1 E I h lavu 6N E �7 LOT ? ¢ � \ 1MNnnoNAL BANK of DeKALe g�. c \\ \ 6 4 I I %JMIES PALOS za7W. KERBINOIS VE YORNNLONWNOIS fi0590 REG. N. 00°4349" W. 9400' H 1 MEAS. N. Of°19' 'W. 94.00' 54 \ I I LLI 1 — _ — _ _ \ _ 0, m 150.0' _ — OP9f ExISFUTILRV WVUAE T _ _ ftEC. 5. 89° i6' 11" W. 216.95' 1pn+eps \\\� -+n P� E ¢1,pcK� DEED 14 RO° — w O qaa99,, ,5 58.11^ J MEAS. 5. 88°3T3W S. 216.95' Krc �\ g pg a P W.+680- IDEAS 40.35' W' 4 \ \ 10°02026 y4. . N. 140.05, 6 W. 6 z 1--� 0 5. 2 — — — — — —I Gd°1�" 5z»-y E- Mme_- EXCEPTION 1 DEED N. 0444M)o- ToNff'ZMf s I i/ G ' ' Nb DEED N. 85-53'04- W. 217.84' -l- __ MEAS. N. 04 08'55°E 90.00' qV E. 90.00' OE(44' PU61rMENTPEft DUC.A14691] \\ ` 55 1 \_- ISIYgTERAgIH Fj•SEAIEHT I V / . ' ----04°45 °09 _OT T °069f W. EXCEPTION 3 60 1 I RB & ASSOCIATES CONSULTING , INC ^ a® 4W MAIN STREET DESIGN FIRM# PAGE 2 OF 4 PL30) 55274545 iB4-0W475 (ANO . I2-'!452 \NYN 18400447ES.ne1 DWG # 2012-14318-B02 C (FINAL) i FINAL PLAT KENDALL CROSSING PUD BEING A RESVBLAWNSION OF PART OF LOT]OF THE RESUBOIVISION OF PART OF BLOCK i OF COUNTRYSIDE CENTER UNIT NO. 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE A� ]EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. NT3.9¢'9B'E 6'' \ UE \\<�i N \\\ m \ I I ul 146 ' /��\ \\ m\\ /�\ -IVPUE \ A \ RE S9?fl60SA9"W 214ryp$ � $ \ \\\\\ LOT 1 \ I m MFRS' 2 o- as n_� N\\ 7.0586 ACRES \\\ \\\ \\\\\ 1 1 uj 100' 150' Rp �31'°4.'0 0° R gOmb 4 I.2n ) /V p b N nu•zr9rE 5 4pS 3309 n , i40%I& \\mM - 1 Scale: I " = 50' eP°O �� ° ° y ti �mmm" , \\\\✓ vPUe ,T I 1 ti Z7 LOT 1 "`'��� I ISf xanorvAL ennK Of ceIW.B ° °� \\ \\ „+ ,>"U I 1 -'�{` R " \207 BY EN DRIVE cmr YORKVILLE,ILLINOIS ONCE Yn \ `\ I I ZONEOB-2 LEGEND: -C NEC. N. 00°43'49"W. 94.00 \ " \\SN FOUND IRON PIPE _ ♦ MEAS. N. 01°19'54" W. 94.00' I 1 W FOUND CROSS IN LONG. = X SETX-IRDNPIPE = O \\ m E —�_ I SET CORE.SURVEY PER � 1$0.0• — — _ — — — _ OPU PUBLIC UIILNYEASE. = POE \ 4N� J O EXIST.UTILITY FwsEaEeR _ _ J RED. S. 89° 16' 11" W. 216.95' q s \\l v ° E sE�N \g DEED 1480°58'11 W, N 81 MEAS. S. 88°39'39" S. 216.95' '��q �\\� E sa W,18�q\ 190.35' J SS�O p \\ i / 0 5 g2p2",W. \ MEAS. 140.05J416• W. _ _ _ — _ _ - 4. I l0° z6 1 ALT � OE@ 6 — — — � l 000"`� sr—TV y� f— M�5 _ EXCEPTION 1 DEED N. 04-45IDo' E To VVO5INESS I � \ O O^0 DEED C 21].84' I _r\� MEAS. N 09°0835'E, 90.00' N. 85°53'04" W, DEAEN,' easeusNr PER OOC.mioaefz �I I I �`\\ 0SS :,\ / �� N ___ IswarEn�.wnsnsE�i.I�Nr— 90.00' PROVISIONS FOR INGRESS AND EGRESS ACCESS EASEMENTS '\� V \(.� m \` /v'+ I DFEp C S 04°1, 1 EXCEPTION 3 s D°°D6ai F•4sD• 1 LOT T a NE9ENEN91Di DR Rw a n L p ^ ssAGREEMENT— BY a L OE91 FAR a O-TaNO0B GCGYSL Be.999fE. Re,N-E ,L4 (� E DR9 LDPES TO I D P+COPw;wLR'"vw:, �OE YamERaF (z 0 O UNITED CITY OF YORKVILLE LvCn"S. Iw EASEMENT PROVISIONS I � I ORE N Pa.35 1 Z CASTLE BANK OF YORKVILLE I 61E40_ " Bl.1V'S8 W. 21101 JI PUBLIC UTILITY AND DRAINAGE EASEMENT 121 W. uNOOLN NwY. LION. 1 DaNAL6. ILLIN01560115 I Is1 STATE BANK&TRDSTOF HANOVER PARK J RESPECTIVE ASSIGNS BVCGNTHES.N10 ZONED BQ \ I PNIIEOzeex]PI&OI)T nrtWNE9RCInh LVSwsswtsuw nsslctLS mrxSrSEPIEI3 I yak j 0 I� %EOIVLON ENIERPNSE$LLC FOLDEFU OF EXISTING HANI GRANTED BY THE BUY P�Imwam PU�p SYSTFU119AGE LIES INSTALL, 1MFER GUY 5VPFNF OF THE Wp CR Ma I 1 \� 1 „a I� P.O.BOX 4369 NLPFOG SIMILAR AGE OPERATE UNDERGRATUND CASTLEBANKNATRYQUA S..J _ raTOGET ERWINEwOIrtrOFACCES pepwEO FOR FECaCKSHKKeuO mESSwrnwpruw RETRED FOR � 121w.UNCOLN SEr'. � J - 0 HOUSTON.TEXAS 77210 DoKALZ INEDB6W115 '•' }A f�.31 J5 1 ZONED OVER USES AIR w:ALLEGE I REARYND SENEESS FOR ZONED n 11 \\J 5 FACILITIES �ME�pY,r,HD�HxmTMTMEa�a�9�TME�E.dµp�;�o�l EE la � a E wL AN UB��� �roGE a� � �B o °�� m E s AOF� � � %EADCwDAORNOAL dD.sS cClOJnRno.µ MFK S NI R�THE FLAT PLC UnLpY a pxVryp4O �"IllS � ,~Eo.A R n , 1 SIX W WNER PIACE Us NIGHT TO OUT. ISO on GEORGE ANY P£ESSWws OR FISTFUL Plans "UHN THE RLSAS, pFSEL DAN RIDGE VRRY AND DRUNUFF ISGOTARM AVROPZONE N01560W6 _ Vcnd4 RFPN�R RELSI uruulnENIE I.CUITRUNDS�D OPERATES VOF INNER I I A-, ZONED B¢ I HEAD TM°�°�EY �� I .DN,EWA YD AGE OTTER R�TN)PNRRESETRATDD NOT UVRE.9NNELYINIEARRESSAn,RIUSSR V J ROUTE THE CELEBRATOR ANN USE LITTLE FIRST HE GORE IN BAR _ AmNOT INTERFERE OR A�BR „GRANTED D, I FOR THE �T' '� a��9�1 34 �VETERgN FROSTING VaTKU UREANYBU BBLEI��ERPO`RURORCUR,��E��S VUEFAT�IN wE.pCnY L S PARKWgy� FOLLOWNG CURD RESPECT 70 �s USa�..rRO`�ER I� BUT°B:D I�S°�OE GIB�Ea w�oo�RlLNpFORMAFT HEIINID�AT ED90„ TOnETAN9RTAREDROU NGETOCOREBATwNN.9oNNT ROO�iEURF�°o REMOVE ALL EX¢SS BOXES NO SPOIL AND TO UN GETIEl/AOREWICEOP FA IN A I'EIERALY CLEµNp WORYLA SKE RAITIM NE S\NE65 TO ADDITIONAL UTILITY EASEMENTS OF RECORD LIVT B TRESS Lon Sea wFuEEI-TOUREGIEUTTLY RECORDED ERGESURITS ROn9,MENAGE X40 ELECMC RGETORNED AS NOTORIETY NON, n INS GzTeN Me GARY OF THESE UTURIES ARE LOCATED ur AND swE OF THE URDTIES NE BEING REOCATEO e2 UNDER THE CONSTRUCTIONIST TOO P.IO. ZON BUS`Aseo5 6E PLCOy.OW`.. pV 6 'VOOWV°' ZONE0�5 L NEY` a EE EL RB & ASSOCIATES CONSULTING , INC PAGE 3 OF 4 °® PLANONIL 60549 D184-ooaa75S (630)552-]452 w<nv.dTassociateRnet DWG 4 2012-14318-003 N FINAL PLAT KENDALL CROSSING PUD BEING A RESUBOIVISION OF PART OF LOT 7 O THE RESUBOIVISION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO. 1 BEING A SUBDIVISION OF PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 28. TOWNSHIP 31 NORTH, RANGE ]EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY. ILLINOIS. - LEGAL DESCRIPTION: ILLINOIS DEPARTMENT OF TRANSPORTATION CERTIFICATE EASEMENTEROVI510NS AN CASEMENT FOR SERVING THE SUBDIVISION ANT]GO PROPERTY THAT PART OF LOT]OF THE RESUBOM310N OF PART OF BLOCK I OF COUNTRYSIDE CENTER UNIT NO. I IN ME UNITED ON OF STATE OF ILLINOIS) WRH ELECTRIC AND COMMUNICATIONS SERVICE IS HEREBY RESERVED YORWILLE,KENDALL MUNN ILLINOIS ACCORDING TOME PLAT THEREOF RECORDED AS DOCUMENT NUMBER 79-1982 BEING IBS FOR AND GUAM TO: DESCRIBES BY COMMENDING AT ME SOUTHEAST CORNER OF SAID LOT T, THENCE NORTH A DEGREES 45 MINUTES W MUNN OF KENDALL) SECONDS EAST ALONG THE EAST LINE OF SAID LOT T.ALSO BEING TIE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROIRE NO. COMMONWEALTH ED60N COMPANY, 47,A DISTANCE OF SAID FEET FORME POINT OF BEGINNING;THENCE NORM BO DEGREES 58 MINUTES 115EWNOS WEST THIS PLAT WO BEEN APPROVED BY ME ILLINOIS DEPARTMENT OF T PANSPORTATION WITH RESPECT TO ROADWAY ACCESS MINIMUM ILLINOIS aL,ILLINOIS BELL TELEPHONE COMWAM} PARALLEL WITH ME SOUTHERLY UNE OF SAID LOT].A DISTANCE OF 14095 FEET;THENCE SOUTH 70 DEGREES 02 MINUTES 01 PURSUANT TO PARAGRAPH 2OF'AN ACT TO REVISE ME LAW IN RELATION TO PLATS',AS INTENDED. A PLAN TUT MEETS ME NICORAND SECONDS WEST,A DISTANCE OF teAN FEET TO A POINT OF BEND IN SAID LOT T:THENCE SOUTH 04 DEGREES 45 MINUTES 00 REQUIREMENTS CONTAINED IN THE OEPARTMENTS TOLICY ON PERMITS FOR ACCESS ORIVEWAYS TO STATE HIGHWAYS-WILL COAICAST CARE TFLEVISIONCOMPANT SECONDS WEST ALONG ME SOUTHEASTERLY LINE OF SAID LOT].A DISTANCE OF 14,60 FEET;THENCE NORTH 05 DEGREES Is BE REQUIRED BY THE DEPARTMENT. MINUTES D SECONDS WEST A DISTANCE OF 217.92 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT T:THENCE MUNN US DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WESTERLY LINE,A DISTANCE OF RI FEET TO A POIMOF BEND IN SAO THEIR RESPECTIVE LICENSEES,SUCCESSORS AND ASSIGNS,40INRY AND SEVERALLY. TO WNSTRUCE OPERATE,REPA R, LOT];THENCE SOUTH 89 DEGREES 16 MINUTES IT 5EWNDSMETAAONG THE SOUTHERLY LINE OF SAID LOTT.A DISTANCE OF PAUL LODE -DAM MAINTAIN. MODIFY,RECONSTRUCT. REPLACE. SUPPLEMENT.RELOCATE AND REMOVE,FROM TIMETOTAIE.POLES.GUYS.ANGIORS, 21895 FEETTO THESOUMEAUT CORNEROF LOT2OF SAID RESUBDIVI510N;THENCE NORTH W DEGREES 43 MINUTES49 DEPUTY DIRECTOROF HIGHWAYS WIRES,CABLES,CONDUIT. MANHOLES.TRANSFORMERS, PEDESTALS,EQUIPMENT CABINETS OROTHERFAGLIIIES CREDIT SECONDS METALLING WE EAST LINE OFSND LOT2.A DISTANCE OF 94.00 FEET TO A POIMOF BEND IN SAID LOT4 THENCE REGION THREE ENGINEER CONNECTION VAN UNDERGROUND TRANSMISSION AND DISTRIBUTOR OF ELECTNCITY.GAS. WM%BUNICATIONS, SOUNDS AND NORTH 06 DEGREES A MINUTES W SECONDS EAST ALONG SAID EAST LINE OF LOT 2.A DISTANCE OF 176.55 FEETTO A POINT; SIGNALS IN,OVER UNDER,ACROSS.ALONG ANO UPON THE SURFACE OF WE PROPERTY SHOWN WITHIN ME DASHED OR DOTTED THENCE WESTERLY ALONG A NONTANGENT CURVE i0 THE LEFT HAVING ARADIUS OF JOB FEET.A DISTANCE OF 32.42 FEET TO LINES IORSIAIRAROESIGNATION)ON THE PIATANO MARKED LEASEMENF. LTLIIY EASEMENT','PUBLIC MLfIV EASEAIENI'. THE POINT OFTAMENTOF SAID CURVE:THENCE SOUTH 74 DEGREES 06 MINUTES 09 SECONDSWESTN.ONG SAID TANGEMA -P.UI (ORSIMILAROESIGMA ON)THEPROPER�DESIGNATEDINTHEDECLA�ATIONOFWNOOAIINIUMMN RONTHISPLATAS I DISTANCE OF 2.484 FEET TOME NORTHWEST CORNER OF SAO LOT 2;THENCE NORTHWESTERLY ALONG WE WEST LINE OF PLAN COMMISSION CERTIFICATE 'COMMON ELEMENTS',AND ME PROPERTY DESIGNATED ON THE PLAT AS'COMMON AREA OR AREAS',AND TIE PROPERTY SAMOT] BEINGALONGAGIRVETOTHELEFF HAVING A RADIUS OF 127500 FEET, A DISTANCE OF 3]])] FEET TO TIE POINT STATE OF ILLINOIS ) DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS,WHETHER PUBLIC OR PRIVATE.TOGETHER WITH TIE RIGHTS TO INSTALL OF TANGENT OF SAID CURVE:THENCE NORTH 30 DEGREES09KIINI S10 SECONDS WEST ALONG SAIDTANGENTANDTHE )SS REQUIRED SERVICE CONNECTORS UNDER ME SURFACE OF EACH LOTANO LONDON AREA ORAREAS TO SERVE IMPROVEMENTS WEST LINE OFSAID LOT],ADISTANCE OF44.10 FEETTO ME SOUTHWEST CORNER OF LOT3 OF SAID RESADINSION:THENCE COUNTY OF KENDALL) THEREON. ORONAWACENTLOTSANDF/ M&ICNAREAORAf M.THEWGHTTOCUW, I IM OR REMOVE TREES.BUSHES.ROOTS NORM TO DEGREES 01 MINUTES 26 SECONDS EAST ALONG ME SOUTH LINE OF SAID LOT 3.ADISTANCE OF 276.04 FEETTO TIE AND SAPLINGS AND TO CLEARMSTYULTIONS FRONT THE SURFACE AND SUBSURFACE AS AWYBE REASONABLY REQUIRED SOUTHEAST DORMER OF SAO LOT 3;THENCE NORTHEAST ALONG A NOKTANGENT CURVE HAVING A RADIUS OF ARM FEET,A RENEWED SYTHE PLAN COMMISSIONOF THE UNITED ON OF YORKNLLEMlS DAY OF ,2011 INCIDENT TO THE HUMUS HEREIN GIVEN.AND THE TIGHT TO EWER UPON ME SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. DISTANCE OF 59.49 FEET TO THE POINT OF TANGENT AS SHOWN ON SAID RESUBDIWSION PIA];THENCE NORTH 69 DEGREES 56 OBSTRUCTIONS SMALL NOT BE PIACEO OVER GRANTEES' FACILITIES ORIN, UPON OR OVER ME PROPERTY WITHIN THE DASHED OR MINUTES M SECURES EASTALONG SUUDTANGEW ANO TIE SOUTH LINE OF LOTS 4 MD5OF SAID RESUBDIVISICN A DISTANCE DOTTED LINES(OR SIMILAR DESIGNATION)ON THE PLAT AND MARKED'EASEMENT,LTLIN BASEMENT,'PUBLIC UTILITY OF 317,47 FEETTO A POINTOF CURVATURE OF A CURVETOTHE LEFT HAVINGARMUS OF 2510 FEET: THENCE EASEMENP.Y.V E.' TOR SIMILAR DESIGNATION)WITHOUT THE PRIOR WRITER CONSENT OF GRANTEES AFIERINSTALIATON OF NORTHEASTERLY ALONG SAD WAVE.ADISTANCE OF 41,53 FEET TO THE POINT OF TANGENT OF SAID WAVE BEING THE ANY SUCH FACTORIES.THE WAGE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN A MANNERED AS TO INTERFERE PAN EASTERLY LINE OF CUT 9.35 FE s; THENCE NORTH 25 DEGREES 14 THEREOF,T40NCWNSS WESTALONG SAO EASTERLY TONE UGH OF LOT CHARTEMON: TOMLINDBLOM SECRFTARO THE PROPER OPERATION AND MAINTENANCE THEREOF. ADISTANCE A CABOT 15435FEETi0THE NORTHEAST MATTER THEREOF;THENCEST CORNER OF LOT 6 OFS DTHERIGHT HAW NG A OPINES OF 2625.00 FEET,A DISTANCE OF LINE FEET L THE NORTHWEST A CURVE F fi OF SAID HAVING ABDMSIOO THE TEAM COAIM1OH ElFA1FHTS'SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM INTHE 'W NOOAIINNAI PROPERLY THEME SOUMSTANCELY 19.49 THE TO A POINT OF REVERSE CUR BOEING ALONG A CURVETOTHE LEFT HAVISAA PROUD OF ACT .CHAPTER 765 ROD ALAA FMIEAVISDEFINEDES A LOT, 40.00 FEET,A DISTANCEOF19.49 FEET TOAPOINT OFREVERSECURVATURE;THENCE FEET,A ISTA E ALONG OF19SAIDWESTERLY CITY ADMINISTRATOR CERTIFICATE THE TERM MISAH IS AREA OBSERVED MUSE DRAB AS ALPO, PARCELORAREA OF REAL PROPERTY,TIE BENEFICIAL USE AND LINE OF SAID LOTS MATTER F SAID LOT A THEME RIGHT HAVINGREES 01 INUTES.US FEET,pSIWESTA OF 191.23 ME SOUTH FEETTO L WITHIN EW OFNNED IS RESERVED IN WHOLE DRAB ANH BEORTONMEW TOTHE TED SEPARATELY HE OWNED LOTS,R PARCELS ORMEAS THE SOUTHWEST LOANER OFSNO LOTB;THENLENORTMOOE INSAI OI THTENCE BOOM DEGREES 7ARGUESHLINE STATE OF ILUNOIS ) 'OUNCNC. TOMNEN DEVELOPMENT,EVEN SPACE-.UGOPEN ARE . 'COMMON DESIGNATED IROL TEOONTHE PLAT BYIEMIS AFvAS OFSAIDLOTS.ALONG ME OF21R05FTERLY APOIW BEND LOTS AND SAD THENCE SOUTH 19DEGREES5]MINUTES45 )SS 'COMMOS', COMMONELEMENTS}COPEN ELEMENTS'NAREA'.REM SURFACED ITPNTERTORIONAREA'. THETEMI AND SECONDS EAST ALCE OR 70DGREES 02LINEES A SAD CONANDSAID DNEBEING EXTENDED SOLDIERLY,TOAPOIWCISTANCEOF COUm OF KENDALL) 'COMMONARFAO EXCLUDE' REALPOPERELEAIESICALLCLUDEDEK PROPERTYNGRFAOEOWITHINESS ORDWVEWAYSAND 44580 FEET:THENCE NORTH ID DEGREES 02 MINUTES 14 SECONDS EAST,S DISTANCE TALOOF 141.82 NC FEET i0 OF LOT ONTHE EAST WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, SERVICE BUSINESS OISTWCOORSORL'CNPFS ONE STRAIT LOT IME POINT OF BEGINNING NING C 545MINUTEEO A SECONDS W MST OR LONGN THE EAST USE OF LOT 1, K DISTANCE THIS IS C ER OIFYTH9TTHE ILLINOIS I S OF KENOAY CROS6ING PVO WAS APPROVED BY THE GIYAOMINISTPARIROFTIE SUCH PS p POOL, RETENTION POND.OR MECHANICAL EQUIPAIEW. KENDALL FEETT ,THEPDIM OF BEGINNING COWNNING I).]415 ACRES MORE OR LESS IN THE UNTEDCItt OFYO1L(W LIE, UNITED CITY OFYORKVIILE, RLINOI5TH10 DAY OF ,201 . KENDALL COUNTY, ILLIXOIB RELOCATION OF FACILITIES WILL BE DONE BY CORTICES AT MST OF GRPNTO PLOT OWNER UPON WRITTEN REQUEST. ADMINISTRATOR RARTOLSON OWNERS CERTIFICATE STATE OF ILLINOIS I WDm oFrcervopu)Es CITY ENGINEER CERTIFICATE THIS IS TO CEMFYMATKENGALL CROSSING LLO,IS THE OWNER OFME MOVE DESCRIBED LMDAND HAVE CAUSEDNE STATE OF ILLINOIS I SAME TO BE SURVEYED AND PLATTER TWO LOTS AS SHOWN ON THE ATTACHED PLAT AND INDICATED WEAPON,FORME USES )BE AND PURPOSES THEREINSET FORTH ASALLOWEDAND PROVIDED BY STATUTE AND SAID PLAT IS TO BE KNOWN AS KENDALL COUNTY OF KENDALL) CROSSING PUP. WE ALSO HEREBY ACKNOVA EEGE AND ADOPT ME SAME UNDER THE STYLE AND HIRE THEREIN INDICATES. THEIR TO CERTIFY THAT THE FINAL PLAT OF KENDALL CROSSING PUS WAS APPROVED BY THE OTC ENGINEER OF THE UNITED THE UNDERSIGNED FORMER CERTIFIES THAT THE PROPERTY HEREON DRAWN IS LOCATED MUNN ME BOUNDARIES OF THE CITY OF YORKVILLE. ILLINOIS THIS DAYOF 201 . YORKVILLE COMMUNITY SCHOOL DISTRICT#115 IS KENDALL COUm, ILLINOIS DAOEDTH1S DAYOF ,201_ KENOALLOROSSINGLLC CINENGINEE2 PRINT RARE 207 W KENDALL DRIVE YORKVILLE.ILLINOIS AREA CITY COUNCIL CERTIFICATE BY. JAMES G. MAJOR MANAGERI srAR of IulrvQls I COUNTY CLERK CERTIFICATE COUm OF KENDALL) STATE OF ILLINOIS ) Has NOTARY PUBLIC CERTIFICATE TRUE TO GERRITY TUTTHEFlNALPIATOF KENDALL CROSSING PUD WAS APPROVED BY TIE Ml4YORPNO CITY WUNGLOF COUNTY OF KENDALL) THE UNITED GTY OFYOPIMLLE.ILLINOIS iH10OAY OF. STATE OF ILLINOIS) 159 1,DEBBIE GILLETTE.COUNTY CLEW OG CERTIFY WAIT FIND HOUNPNDWRIBED.OR DELINQUENT COUNTY OF KENDALL) TAXES,OR SPECIAL ASSESSMENTS. AND NO REDEEMABLE TAX SAL ES AGAINST THE RAND HEREON DESCRIBED. MAYOR GARY J.DODNSKI ON GLENN: BETH WARREN GIVEN UNDER MY NAME AND SEAL OF THE COUm CLERK AT YORKVILLE,ILLINOIS,THIS DAY OF , 201_ I. NOTARY PUBLIC IN AND FORTHE MUNN ANO STATE AFORESAID. DO HEREBY CERTIFY MAT. AD, JAMT5 G. RA US NUVL ER)IS PERSONALLY KNOWN TO ME TO BE ME PERSON WHOSE NAME IS SUBSCRIBED TO ME FOREGOING CEMFICATE, APPEARED BEFORE ME THIS DAY IN PERSON AN ACKNOWLEDGED THE EXECUTION OF ME ANNEXED PLAT AND ACCOMPANYING INSTRUMENTS FOR THE USES AND PURPOSES THEREIN SET FORTH AS HIS FREE AND SURVEYORS CERTIFICATE VOLUNTARYACT. STATE OF ILLINOIS ) COUNTY CLERK DEBBIE GILL= GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS WY OF. )SS COUNTY OF KENDALL) THIS IS TO CERTIFY THAT 1,RONALD D.BAUER AN ILLINOIS PROFESSIONAL LAND SURVEYOR IN AFORESAID COUNTY AND STATE. N0.2352.HAVE SURVEYED AND PLATTED IMO LOTS THE FOLLOWING PROPERTY AS SHOWN ON ME ATTACHED PLAT: NOTARY PUBLIC- SUBDIM RE-SUBDIVISION THEM OF RESU F THE NO OF BLOCK I OF COUNTRYSIDE CENTER HIP 37 NIT NO. I BEING A RECORDER'S CERTIFICATE SUBDIWTHIR OF PART CIPAL CADIAN IN M E UNITED CINCH YSTQUARTEROFSEGTIONTY TLLIMIS P3]NORFR RCCURAHAST STATE OF ILLINOIS) OFTHE THIRD PRINCIPAL M1fEW OIPN IN TIE UNITED CINOF YORKVIILE. NENLpII COUNTY,ILLINOIS BEING MORE ACWPAIELY )BB ENGINEER'S/OWNER'S CERTIFICATE DESCR BED ABOVE. COUNTY OF KENDALL) STATE OF IWNOIS AS SHOWN BY THE ATTACHED PLAT,MICH G A CORRECT REPRESENTATION OF SAID SURVEY AND PUTTING, ALLDISTANLES ARE BROWN IN FEET AND DECIMALS THEREOF AND ALL MEASURED LAWNGS ARE TRUE NORTH. HFURNERCERGYPHATTHE MD PROPERTMEREONSHOWNIS LOCATES WITHIN ME CITY R LASS OF THE UNITED CITY OFYORWILLE. THIS PLAT WAS FILED FOR RECORD IN THE RECORDERS OFFICE OF KENDALL COUNTY, ILLINOIS ON THIS_BAY OF . COUm OFKENDALH 201 .AD.AT OCLOCK_MI.,MDREWRDEDINFLATFILER AS DOCUMENT NO. THIS IS i0 CERi1FYOHAiflICH4RD D.BAUER AS ENGINEER AND KENDALL CROSSING I.I.C.TO ME BEST OF OUR KNOWLEDGE ALL MONUMENTS SHOWN HEREON ACTUALLY EAST OR WILL BE PLACED WITHIN SIX MONTHS AFIERTHE DATE OF APPROVAL BY AND BELIEF.THE MANAGE OF SURFACE WATERS WILL NOT BE CHANGED BY THE CONSTRUCTOR OF SUCH KENDALL CROSSING THE CITY MATERIALS L. BUT ACCURATELY ANY CONVEYANCE OF THE RAND OEPICIEO HEREON AND THAT THEIRLOC4TON, SIZE,TPE PUT OR THAT IF SUCH SURFACE WATER DRAINAGE WILL BE CHANGED, REASONABLE PROVISIONS RAVE BEEN MADE FOR AND AATERIgIS APE ALLURATEIY SHOWN. W Vm HEWROER: DOMIEGILLETTE COLLECTION AND DIVERSION OF SUCH SURFACE WATERS I WO PUBLIC AREAS WHICH THE SUBDIVIDER HAS ARJGW TO USE. I FORMER CEMFY THAT ME PROPERTY SHOWN ON THIS PLAT IS NOT LOCATED WITHIN A SPECIAL FLOOD TOWNS AREA AS AND THAT SUCH SURFACE WATERS WILL BE PLANNED FOR IN ACCORDANCE WITH GENERALLY ACCEPTED EAGINEEWNG SHOWN ON FLOOD INSURANCE DATE KW NUMBER 17D3WD7G, REVISED FEBRUARY 4,2009 AND THAT ALL REGULATIONS PRACTICES SO AS TO REDUCE ME LIKELIHOOD OF DAMAGE TO THE ADJOINING PROPERTY BECAUSE OF ME CONSTRUCTOR OF ENACTED BY ME UNITED CITY OF YORKVILLE RELATIVE TO PLATS AND SUBDIVISIONS HAVE BEEN COMPLIED WITH IN ME KENDALL CROSSING. PREPARATION OF THIS PLAT. DATEDMIS OAYOF 201_ DARED AT PIANO, ILLINOIS MIS DAY OF ,201 AN ENGINEERWGIARD S.BAUER OWNERS:KENDALL CROSSING LLC RONALD 0. BAUER RB & ASSOCIA:FIRM S LIC.W2L0W(U EXP. 11302013 JAMESG.RATOSRVUWER) ILLINOIS PROFESSIONAL LAND SURVEYOR V352 CONSULTINGINC REGISTRATION E%PIRE011d0.2D1C PAGE 4 OF 4 [=M= PLANO , IL 60545 164 4 W MAIN STREET DESIG(630) 552-]452 mstUaet LAWS n 2012-143184)04 C (FINAL; q �i November 20, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review United City of Yorkville, Kendall County, Illinois Dear Krysti: We are in receipt of the preliminary plat dated November 7, 2012, final engineering plans and final plat dated November 8, 2012 prepared by RB & Associates for the above referenced project. Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: Preliminary Plat Review 1. A legal description should be added to the first sheet of the plat. 2. A site data table should be added including the pertinent items noted in the PUD Ordinance. The parking stall dimensions should be provided in the site data table. 3. The lots should also depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of buildings should also be provided. 4. The existing zoning and land use of adjacent property within 500' of all sides of the site should be noted. 5. There appears to be several existing easements within the proposed development. The text is illegible. The existing easements need to be depicted clearer. 6. The developer should provide comment on the intentions of the proposed easement that traverses through the middle of several lots. Proposed easements need to be clearly defined. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax — www.eeiw'• • Ms. Krysti Barksdale-Noble November 20, 2012 Page 2of3 7. Detailed topography of the intersections of the interior streets with Countryside and Center Parkway should be provided. 8. A better understanding of how the proposed development will maintain or not maintain access points with neighboring lots should be provided. 9. Existing water main should be shown. 10. Soil borings should be submitted for review. 11. Any proposed loading areas should be identified on the plans. 12. It is unclear whether the sheets labeled Topographic Survey are a continuation of the preliminary plat. If so, there titles should be changed. 13. A preliminary engineering plan has not been submitted, rather the petitioner is moving immediately to final engineering. Final Engineering 14. A storm water management report needs to be submitted. 15. A traffic study needs to be submitted. 16. The plans are generally incomplete; therefore we are only able to offer a partial review. 17. The City's construction notes for water main construction and YBSD's notes for sanitary sewer construction need to be added to the plans. 18. Detailed proposed grading needs to be provided. 19. Lot lines and property lines need to be shown on the plan sheets. 20. Roadway widths need to be dimensioned. 21. The amount of proposed storm sewer inlets within the parking areas appear to be inadequate. Please note that a maximum of six inches is allowed for ponding with a 10-year design storm. 22. Rims and inverts of existing and proposed utilities need to be shown. 23. The existing water main and sanitary sewer are in poor condition. The replacement of this infrastructure should be discussed. 24. All appropriate utility permit applications need to be submitted for review. 25. Appropriate details need to be added to the plans. 26. The final engineering plans need to be submitted to IDOT for review and comment. Any comments from IDOT should be provided to the City. Ms. Krysti Barksdale-Noble November 20, 2012 Page 3 of 3 27. The plans need to be submitted to YBSD for review. Please forward their comments to us upon receipt. 28. A clean version of the photometric plan needs to be submitted. The version that was provided is difficult to read. As required by City ordinance, a minimum average of 2.0 foot-candles, as measured across the entire parking lot and a maximum of 1.0 foot-candles measured at the adjoining property lines must be met. 29. A cost estimate for the proposed improvements needs to be provided. 30. A proposed construction schedule needs to be provided. Final Plat Review 31. The minimum font size should be 8 pt. Currently, numerous items are difficult to read. 32. The Public Utilities and City Collector's certificates should be removed. 33. The City Utility Easement provisions are incorrect and should be replaced with the Public Utility language. 34. The private utility easement provisions are shown on both sheets; one should be removed. 35. Building setback lines need to be shown. 36. Provisions for access easements need to be provided. 37. The widths of adjacent right-of-ways need to be shown. The developer should provide the requested information and make the necessary revisions and submit two (2) sets of plans for further review. If you have any questions or if you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Director of Parks and Recreation Ms. Lisa Pickering, Deputy Clerk Mr. Dan Kramer Mr. Ron Bauer, RB &Associates JAM, JWF, EEI \\MILKYWAY\EEI_Storage\Docs\Public\Yorkville\2012\Y01220-DR Kendall Crossing\Dots\I coy Review.doc LAW OFFICES OF Daniel J. Kramer DANIEL J. KRAMER 1107A SOUTH BRIDGE STREET KELLY A. HELLAND YORKVILLE, ILLINOIS 60560 D.J. KRAMER (630) 553-9500 Fax: (630) 553-5764 November 27, 2012 Krysti Barksdale-Noble United City of Yorkville Via E-mail : knoblenyorkville.il.us Re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review Dear Ms. Barksdale-Noble: I have reviewed the comments from Engineering Enterprises Inc. With respect to the Preliminary Plat the only item that appears to need a narrative explanation is #8 which indicates that an understanding of proposed development will maintain or not maintain access with neighboring lots. With respect to McDonalds we are working out a sale of land that is not included in the proposed PUD, over which they currently have an actual recorded easement. The Cross-Access Easement with McDonalds will be maintained. The street cross access will also be accomplished by a formal Cross-Access Easement to be recorded with the Final Plat granting each future owner of the lots other than Theater as well the Theater Lot access to the private streets. We will create an Illinois Not-For-Profit Corporation known as Kendall Crossing Business Owner' s Association, which will be responsible for common area maintenance including a reserved fund for street maintenance, and common area signage and landscaping. All Access points in terms of to the public streets connecting to the purposed private drives will remain the same with the addition of the east — west access on Route 47 as a right-in/right-out. Location of future driveways for the other lots which are purposed and are undesignated as to futures users will comes as each particular applicant applies for a building permit when we know who the future owners happen to be. All other items in the Preliminary Platting Section will be addressed be Ron Bauer and we have forwarded the same to him. With respect to the Final Engineering Section again they appear to be addressed to RB & Associates for engineering review. The one element that we would not think would be necessary since the property has already been used in the past for a very vibrant center and is now dormant, would be a traffic study. The Property is zoned and has always been used as a shopping center and in past times had a significant amount of traffic. We don't know if any reason for a Traffic Study at this time and would ask that that suggestion be waived. As to Final Plat review again the one item that will be in our control will be item 36 creating the Cross-Access Agreement presuming the plans are approved. That will come together with our Illinois Not-For-Profit and once we know we are further along on Final Plat obviously we will attach that as an exhibit and create that document. We are providing this response for our Plan Council Discussion Thursday Morning. Should you have any questions please let me know. Very truly yours, DA'eIJ mer At torney at Law DJK/cth Enclosures cc. Bart Olson — bolson @castlebank.com Brad Sanderson - bsandersongeeiweb.com Jim Ratos Jason Pseola Dave Kellogg Engineering Enterprises, Inc. November 20, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review United City of Yorkville, Kendall County, Illinois Dear Krysti: We are in receipt of the preliminary plat dated November 7, 2012, final engineering plans and final plat dated November 8, 2012 prepared by RB & Associates for the above referenced project. Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: Preliminary Plat Review 1 . A legal description should be added to the first sheet of the plat. 2. A site data table should be added including the pertinent items noted in the PUD Ordinance. The parking stall dimensions should be provided in the site data table. 3. The lots should also depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of buildings should also be provided. 4. The existing zoning and land use of adjacent property within 500' of all sides of the site should be noted. 5. There appears to be several existing easements within the proposed development. The text is illegible. The existing easements need to be depicted clearer. 6. The developer should provide comment on the intentions of the proposed easement that traverses through the middle of several lots. Proposed easements need to be clearly defined. 52 Wheeler Road, SLIgai Grove, IL 60554 -- �630) 466-6700 tel — (6 � 0) 466-6701 fax -- wvjw.eeivvPb.com Ms. Krysti Barksdale-Noble November 20, 2012 Page 2 of 3 7. Detailed topography of the intersections of the interior streets with Countryside and Center Parkway should be provided. 8. A better understanding of how the proposed development will maintain or not maintain access points with neighboring lots should be provided. 9. Existing water main should be shown. 10. Soil borings should be submitted for review. 11 . Any proposed loading areas should be identified on the plans. 12. It is unclear whether the sheets labeled Topographic Survey are a continuation of the preliminary plat. If so, there titles should be changed. 13. A preliminary engineering plan has not been submitted, rather the petitioner is moving immediately to final engineering. Final Engineering 14. A storm water management report needs to be submitted. 15. A traffic study needs to be submitted. 16. The plans are generally incomplete; therefore we are only able to offer a partial review. 17. The City's construction notes for water main construction and YBSD's notes for sanitary sewer construction need to be added to the plans. 18. Detailed proposed grading needs to be provided. 19. Lot lines and property lines need to be shown on the plan sheets. 20. Roadway widths need to be dimensioned. 21 . The amount of proposed , storm sewer inlets within the parking areas appear to be inadequate. Please note that a maximum of six inches is allowed for ponding with a 10-year design storm. 22. Rims and inverts of existing and proposed utilities need to be shown. 23. The existing water main and sanitary sewer are in poor condition. The replacement of this infrastructure should be discussed. 24. All appropriate utility permit applications need to be submitted for review. 25. Appropriate details need to be added to the plans. 26. The final engineering plans need to be submitted to ] DOT for review and comment. Any comments from IDOT should be provided to the City. Ms. Krysti Barksdale-Noble November 20, 2012 Page 3 of 3 27. The plans need to be submitted to YBSD for review. Please forward their comments to us upon receipt. 28. A clean version of the photometric plan needs to be submitted. The version that was provided is difficult to read. As required by City ordinance, a minimum average of 2.0 foot-candles, as measured across the entire parking lot and a maximum of 1 .0 foot-candles measured at the adjoining property lines must be met. 29. A cost estimate for the proposed improvements needs to be provided. 30. A proposed construction schedule needs to be provided. Final Plat Review 31 . The minimum font size should be 8 pt. Currently, numerous items are difficult to read. 32. The Public Utilities and City Collector's certificates should be removed. 33. The City Utility Easement provisions are incorrect and should be replaced with the Public Utility language. 34. The private utility easement provisions are shown on both sheets; one should be removed. 35. Building setback lines need to be shown. 36. Provisions for access easements need to be provided. 37. The widths of adjacent right-of-ways need to be shown. The developer should provide the requested information and make the necessary revisions and submit two (2) sets of plans for further review. If you have any questions or if you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. radley P. Sanderson, P. E. Vice President PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Director of Parks and Recreation Ms. Lisa Pickering, Deputy Clerk Mr. Dan Kramer Mr. Ron Bauer, RB & Associates JAM, JWF, EEI \\MILKYWAY\EEI Storage\Dots\ Public\Yorkville\2012\Y01220-DR Kendall Crossing0ocsV coy Review.doc `,`�D r o United City of Yorkville County Seat of Kendall County EST. 1836 800 Game Farm Road Yorkville, Illinois 60560 p Telephone: 630-553-8545 C... p "a d. Fax: 630-553-3436 �h4E w Website: www.yorkville.il.us November 30, 2012 Mr. Daniel J. Kramer,Attorney Kramer Law Office 1107-A South Bridge Street Yorkville, IL 60560 RE: Kendall Crossing— Proposed Planned Unit Development(PUD) Plan & Final Plat Approval Dear Mr. Kramer, This correspondence is intended to follow-up on the recent Plan Council meeting held on November 29, 2012 to discuss the proposed Planned Unit Development (PUD) Preliminary Plan and Final Plat approval for the Kendall Crossing property as referenced-above. Per that discussion, below are the comments presented during the Plan Council meeting for which revised plans or a written response is requested: General Comments: • An overall Site Plan of the Development must be provided which provides a site data table, inclusive of the following: 1. Zoning Classification—B-2 General Business District(PUD) 2. Square footage and percentage of site covered with buildings, if any. 3. Square footage and percentage of site covered with impervious surface. 4. Total number of parking spaces and loading spaces provided. 5. Type and intensity information for commercial building on Lot I (i.e., 1,900 seat Cinema/Theater, Gross Floor Area, Floor Area Ratio,height, etc.) 6. Dimensioned setback of commercial building on Lot 1 from property lines. • A Site Plan should also include the location of the trash enclosure. • A written Development Plan Schedule is required indicating timing of construction for completion of each phase, and at a minimum the theater(Lot 1). Architectural Review Comments: • Color elevations and/or renderings which identify material and styling proposed. • Rooftop equipment plan which illustrates the location of all proposed mechanical equipment is required. • A signage plan should be submitted with dimensions, type of illumination and description of materials for inclusion in the PUD plan. Preliminary Plat Review 1. A legal description should be added to the first sheet of the plat. 2. A site data table should be added including the pertinent items noted in the PUD Ordinance. The parking stall dimensions should be provided in the site data table. 3. The lots should also depict building footprints and dimensioned setbacks. Information regarding purpose/use and height of buildings should also be provided. 4. The existing zoning and land use of adjacent property within 500' of all sides of the site should be noted. As discussed, the surrounding residential developments can simply be notated by their common name, land use type and zoning classification. 5. The developer should provide comment on the intentions of the proposed easement that traverses through the middle of several lots. Proposed easements need to be clearly defined. 6. Detailed topography of the intersections of the interior streets with Countryside and Center Parkway should be provided. 7. It is staff's understanding that the Kendall Crossing Businessmen Association, a separate business owner association, will be established to maintain the access points with neighboring lots. As discussed,please provide detailed information regarding the provisions of the access and maintenance agreements. 8. Existing water main should be shown. Final Engineering 9. A storm water management report needs to be submitted. 10. The City's construction notes for water main construction and YBSD's notes for sanitary sewer construction need to be added to the plans. 11. Detailed proposed grading needs to be provided. 12. Lot lines and property lines need to be shown on the plan sheets. 13. Roadway widths need to be dimensioned. 14. The amount of proposed storm sewer inlets within the parking areas appear to be inadequate. Please note that a maximum of six inches is allowed for ponding with a 10-year design storm. 15. Rims and inverts of existing and proposed utilities need to be shown. 16. Per our discussion, copies of the recent plumbing report prepared by Kuhn Plumbing and televised tapes of sanitary sewer shall be provided for review. It is staff's further understanding that only one (1) connection for sanitary sewer will be provided and the water line in front of the proposed theater will be replaced with a 12-inch connection. 17. Service connections for fire and hydrant legs need to be verified by the Bristol Kendall Fire Department (BKFD). 18. The final engineering plans and traffic study (if required) need to be submitted to MOT for review and comment. Any comments from IDOT should be provided to the City. 19. A cost estimate for the proposed improvements needs to be provided. 20. A proposed construction schedule needs to be provided. Final Plat Review 21. The minimum font size should be 8 pt. Currently, numerous items are difficult to read. 22. The Public Utilities and City Collector's certificates should be removed. 23. The City Utility Easement provisions are incorrect and should be replaced with the Public Utility language. 24. The private utility easement provisions are shown on both sheets; one should be removed. 25. Building setback lines need to be shown. 26. Provisions for access easements need to be provided. 27. The widths of adjacent right-of-ways need to be shown. Landscape Plans: 28. The plans need to include the following information as listed in 8-12-3 General Standards: a. The location and dimension of all existing and proposed structures,parking lots, sidewalks, ground signs, refuse disposal areas, free standing electrical equipment and other freestanding structural features. b. Name, location, right-of-way and pavement widths of abutting streets. c. The current zoning and land use for adjoining properties and properties located across abutting streets. d. The location of all freestanding signage on adjacent parcels. e. The location and contours, at one foot(1') intervals, of all proposed berming and storm water detention/retention ponds. f. Elevation and location of all existing and proposed fences. g. Location of all existing and proposed utilities and easements. h. Property line dimensions. 29. All lighting, fire hydrants, storm sewer, etc. needs to be indicated on the plans. 30. The square footage of the buildings shall be shown on the plans. 31. Several of the planting areas in the middle of the parking areas are not shown with curb. Please clarify if they are to collect water(bioswale) or will be curb and gutter. 32. ADA ramps shall be shown on the plan. 33. Signage locations shall be shown on the plan. 34. Indicate the location of any stop signs or directional signage. 35. A chart shall indicate the required number of trees per ordinance and the variance as requested. This includes required trees based on building SF, right-of-way boundaries, parking spaces, etc. 36. A landscape buffer yard is required between the property and any public right-of-way. 37. Autumn Blaze Maple is not an approved species. Revised plans and/or responses to the comments provided herein should be provided no later than Thursday, December 6, 2012, so that staff may incorporate them into the Plan Commission memorandum. Should you have any additional questions, please do not hesitate to contact me directly. Sincerely, United City of Yorkville Krysti J. Barksdale-Noble,AICP Community Development Director Cc: Bart Olson, City Administrator(via e-mail) Brad Sanderson, EEI (via e-mail) Eric Dhuse, Public Works Director(via e-mail) Laura Schraw, Interim Director of Parks &Recreation(via e-mail) Pete Ratos, Building Code Official (via e-mail) Mike Torrence, BKFD (via e-mail) Engineering Enterprises, Inc. December 7, 2012 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Kendall Crossing Preliminary and Final PUD Engineering Plan Review United City of Yorkville, Kendall County, Illinois Dear Krysti: We are in receipt of the preliminary plat dated December 6, 2012 prepared by RB & Associates for the above referenced project. Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: Preliminary Plat Review 1. A site data table has been added, but it does not include all the detail as noted in the PUD Ordinance. It should be noted that they are providing less spaces that what was approved in the developer agreement. 2. According to the PUD ordinance, the lots should also depict building footprints and dimensioned setbacks. The proposed setbacks are shown. Information regarding purpose/use and height of buildings should also be provided. 3. Detailed review of the proposed easements will be provided during final engineering review. 4. The proposed easement over the existing large diameter storm sewer that traverses several lots needs to be a minimum of 15'. The exact width needed will be determined during final engineering review. Road,52 Wheeler Sugar Grove, 60554 • 1 466-6700 • 1 466-6701 fax —www.eeiw'• • Ms. Krysti Barksdale-Noble December 7, 2012 Page 2 of 2 5. A detailed review of the proposed utilities was not performed. This will be performed during final engineering review. 6. Comments from IDOT on the proposed right-in/right-out need to be provided. 7. A preliminary engineering plan has not been submitted, rather the petitioner is moving immediately to final engineering. If you have any questions or if you require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Laura Schraw, Interim Director of Parks and Recreation Ms. Lisa Pickering, Deputy Clerk Mr. Dan Kramer Mr. Ron Bauer, RB &Associates JAM, JWF, EEI G:\Public\Yorkville\2012\Y01220-DR Kendall Crossing\Dots\I coy Review02.doc PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2012-11 NOTICE IS HEREWITH GIVEN THAT James Ratos, Petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting Preliminary and Final Plat approval of a Planned Unit Development(PUD)to be known as Kendall Crossing for the purpose of resubdividing the property into four (4) parcels inclusive of a new 38,500 square foot cinema complex. The real property consists of approximately 18.5 acres located immediately north of US Route 34, west of Illinois Route 47, generally south of Countryside Parkway and east of Center Parkway,in Yorkville,Illinois. The legal description is as follows: THAT PART OF LOT 7 OF THE RESUBDIVISION OF PART OF BLOCK 1 OF COUNTRYSIDE CENTER UNIT NO. 1 IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT NUMBER 79-1982 BEING DESCRIBED BY COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7; THENCE NORTH 04 DEGREES 45 MINUTES 00 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 7, ALSO BEING THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47,A DISTANCE OF 90.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 80 DEGREES 58 MINUTES 11 SECONDS WEST PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 7, A DISTANCE OF 140.35 FEET; THENCE SOUTH 70 DEGREES 02 MINUTES 01 SECONDS WEST, A DISTANCE OF 185.14 FEET TO A POINT OF BEND IN SAID LOT 7; THENCE SOUTH 04 DEGREES 45 MINUTES 00 SECONDS WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 7,A DISTANCE OF 14.60 FEET; THENCE NORTH 85 DEGREES 15 MINUTES 00 SECONDS WEST A DISTANCE OF 217.92 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7; THENCE NORTH 00 DEGREES 18 MINUTES 59 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 82.75 FEET TO A POINT OF BEND IN SAID LOT 7; THENCE SOUTH 89 DEGREES 16 MINUTES I I SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 7, A DISTANCE OF 216.95 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF SAID RESUBDIVISION; THENCE NORTH 00 DEGREES 43 MINUTES 49 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 94.00 FEET TO A POINT OF BEND IN SAID LOT 2; THENCE NORTH 06 DEGREES 56 MINUTES 00 SECONDS EAST ALONG SAID EAST LINE OF LOT 2, A DISTANCE OF 175.56 FEET TO A POINT; THENCE WESTERLY ALONG A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 32.0 FEET, A DISTANCE OF 32.42 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE SOUTH 74 DEGREES 06 MINUTES 09 SECONDS WEST ALONG SAID TANGENT 214.64 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTHWESTERLY ALONG THE WEST LINE OF SAID LOT 7 BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1275.00 FEET, A DISTANCE OF 377.77 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE NORTH 30 DEGREES 09 MINUTES 10 SECONDS WEST ALONG SAID TANGENT AND THE WEST LINE OF SAID LOT 7, A DISTANCE OF 44.10 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF SAID RESUBDIVISION; THENCE NORTH 70 DEGREES 01 MINUTES 26 SECONDS EAST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 276.04 FEET TO THE SOUTHEAST CORNER OF SAID LOT 3; THENCE NORTHEAST ALONG A NON TANGENT CURVE HAVING A RADIUS OF 60.00 FEET, A DISTANCE OF 59.49 FEET TO THE POINT OF TANGENT AS SHOWN ON SAID RESUBDIVISION PLAT; THENCE NORTH 69 DEGREES 56 MINUTES 04 SECONDS EAST ALONG SAID TANGENT AND THE SOUTH LINE OF LOTS 4 AND 5 OF SAID RESUBDIVISION 317.47 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE A DISTANCE OF 41.53 FEET TO THE POINT OF TANGENT OF SAID CURVE BEING THE EASTERLY LINE OF SAID LOT 5; THENCE NORTH 25 DEGREES 14 MINUTES 40 SECONDS WEST ALONG SAID EASTERLY LINE OF LOT 5, A DISTANCE OF 159.35 FEET TO THE NORTHEAST CORNER THEREOF; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2625.00 FEET,A DISTANCE OF 71.43 FEET TO THE NORTHWEST CORNER OF LOT 6 OF SAID RESUBDIVISION; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID LOT 6 BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A DISTANCE OF 19.49 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG SAID WESTERLY LINE OF SAID LOT 6 BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2352.00 FEET, A DISTANCE OF 191.23 FEET TO THE SOUTHWEST CORNER OF SAID LOT 6; THENCE NORTH 70 DEGREES 01 MINUTES 03 SECONDS WEST ALONG THE SOUTH LINE OF SAID LOT 6, A DISTANCE OF 210.06 FEET TO A POINT OF BEND IN SAID LOT 6; THENCE SOUTH 19 DEGREES 57 MINUTES 46 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 6 AND SAID LINE BEING EXTENDED SOUTHERLY, A DISTANCE OF 445.80 FEET; THENCE NORTH 70 DEGREES 02 MINUTES 14 SECONDS EAST, A DISTANCE OF 141.82 FEET TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE SOUTH 04 DEGREES 45 MINUTEES 00 SECONDS WEST ALONG SAID EAST LINE OF LOT 7, A DISTANCE OF 589.06 FEET TO THE POINT OF BEGINNING CONTAINING 17.7416 ACRES MORE OR LESS IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. P.I.N.#02-28-104-015 The proposed Preliminary and Final Plat of Subdivision application materials are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said application on Wednesday, December 12, 2012 at 7 p.m. at the United City of Yorkville City Council Chambers, 800 Game Farm Road, Yorkville, Illinois, 60560. The public hearing may be continued from time to time without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville,Kendall County,Illinois. 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