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Ordinance 2001-07A Revised April 17, 2001 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ORDINANCE NO. 2001-_ AN ORDINANCE APPROVING PLANNED UNIT DEVELOPMENT AGREEMENT AND MODIFICATION OF A CONSENT DECREE CONCERNING REAL PROPERTY OWNED BY LASALLE BANK N.A. SUCCESSOR TRUSTEE TO AMERICAN NATIONAL BANK& TRUST CO. OF CHICAGO A/T/U/T/A DATED JULY 16, 1991 AND KNOWN AS TRUST NO. 114224-09 AND DATED JANUARY 19, 1993 AND KNOWN AS TRUST NO. 116521-04 AND BEING DEVELOPED BY TDC YORKVILLE,L.L.C. AND APPROVAL OF DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT WHEREAS, the Plan Commission and the City Council of the United City of Yorkville have held all public meetings,public hearings, and considered the application for approval of a Planned Unit Development Agreement and modification of a Consent Decree to the extent that certain landscape and development requirements have been varied from the original Consent Decree as proposed in the Petition for approval of Planned Unit Development and modification of Consent Decree; and WHEREAS, Petitioner, TDC YORKVILLE, L.L.C., as Developer, and LASALLE BANK N.A. SUCCESSOR TRUSTEE TO AMERICAN NATIONAL BANK & TRUST CO. -1- f , OF CHICAGO A/T/U/T/A DATED JULY 16, 1991 AND KNOWN AS TRUST NO. 114224-09 AND DATED JANUARY 19, 1993 AND KNOWN AS TRUST NO. 116521-04, as Owner, have consented to and requested said changes in writing to the United City of Yorkville; and WHEREAS,publication was duly made in the Kendall County Record giving notice to all those interested parties as required under the Illinois Compiled Statutes, and Ordinances of the United City of Yorkville of the approval of the proposed Planned Unit Development and modification of the Consent Decree as required pursuant to Illinois Compiled Statutes, affecting the real property described in the attached Exhibit "A"; and WHEREAS, except to the extent that perimeter landscaping requirements as set out in the Consent Decree in Kendall County Case#98CH19 are being modified by this Ordinance as set out in Exhibit`B-2"of the Planned Unit Development Agreement said Consent Decree shall otherwise remain in full force and effect; and WHEREAS, the Plan Commission and City Council have made all findings of fact required to be made pursuant to Chapter 10-14-6 of the City Code as more fully set out in Exhibit`B"which is attached hereto and incorporated herein; and WHEREAS, a positive recommendation has been made from the Plan Commission for approval of the Planned Unit Development Agreement, the Preliminary Plat of Subdivision, and the Performance Standards as set out in the Planned Unit Development Agreement; and WHEREAS, the City Council of the United City of Yorkville has recommended approval of the Planned Unit Development Agreement a copy of which is attached hereto and incorporated herein as Exhibit`B", as well as approval of a Development/Economic Initiative Agreement a copy of which is attached hereto and incorporated herein as Exhibit"C": -2- NOW THEREFORE, upon motion duly made, seconded, and approved by a majority of those members voting of the City Council of the United City of Yorkville does ORDAIN and APPROVE the Planned Unit Development Agreement attached as Exhibit `B" attached hereto and incorporated herein by reference and modification to the Consent Decree incorporated herein by reference in the Planned Unit Development Agreement and further approves the terms and conditions of the Development/Economic Initiative Agreement attached hereto and incorporated herein by reference as Exhibit"C". REGULAR/SAVINGS. To the extent that this Ordinance is in conflict with any presently existing Ordinance or portion thereof; such prior conflicting Ordinance or part thereof is hereby repealed. The repeal of any Ordinance by this Ordinance shall not affect any right accrued or liability incurred under such repealed Ordinance. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PAUL JAMES MARTY MUNNS RICHARD STICKA MIKE ANDERSON n VALERIE BURD ROSE SPEARS LARRY KOT THOMAS SOWINSKI -3- APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 111�i—day of , A.D. 2001. i A / MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2001. Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -4-