Ordinance 2001-07B i? 1
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2001 --&
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
PLANNED UNIT DEVELOPMENT AGREEMENT
AND
DEVELOPMENT/ECONOMIC INITIATIVE AGREEMENT
OF 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. 16521-04
(TDC YORKVILLE, L.L.C.)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Planned Unit Development Agreement and Development/Economic
Initiative Agreement pertaining to the development of the real estate described on Exhibit "A"
attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Planned Unit Development Agreement and Development/Economic
Initiative Agreement have been duly considered and approved by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreements and to perform the obligations
as required thereunder; and
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WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended, for the
execution of an Amendment for said Planned Unit Development Agreement and the statutory
requirements for approval of the Development/Economic Initiative Agreement have been fully
complied with; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,
on behalf of the City, A Planned Unit Development Agreement and a Development/Economic
Initiative Agreement concerning the development of the real estate described therein, a copy of
which Amendment to Planned Unit Development Agreement and Development/Economic Initiative
Agreement are attached hereto and made a part hereof.
Section 2:That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
PAUL JAMES
MARTY MUNNS — `
RICHARD STICKA /
MIKE ANDERSON
VALERIE BURD
ROSE SPEARS _
LARRY KOT
THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of _, A.D. 2001.
MAYOR l
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PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of kA-04CL , A.D. 2001.
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
Attest:
ITY CLERK
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Revised February 28, 2001
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN
THE UNITED CITY OF YORKVILLE
AND
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
(TDC YORKVILLE,L.L.C., a Delaware Limited Liability Company)
�--� THIS PWE UNIT DEVELOPMENT AGREEMENT is made and entered into this
y of 2001, by and between THE UNITED CITY OF YORKVILLE,
Yorkville,Illinois a municipal corporation,located in Kendall County,Illinois,hereinafter referred
to as"CITY",and LASALLE BANKN.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, hereinafter referred to as "OWNER", and TDC YORKVILLE, L.L.C., a Delaware
limited liability_ company,hereinafter referred to as"DEVELOPER",upon the following terms and
conditions:
WITNESSETH
WHEREAS, the OWNER holds legal title to the real property which is currently located
within the municipal boundaries of the CITY and described in Exhibit"A" ("PROPERTY")which
is attached hereto and made a part hereof; and
WHEREAS, the DEVELOPER is desirous of using said PROPERTY described in Exhibit
"A"for B-3 Service Business District use,and is desirous of assuring to it that said real property can
be used for Service Business District use and all uses set out within this Agreement as attached
hereto and incorporated herein as Exhibit"D", and to assure the right to uses under the B-3 Service
Business District as is time-to-time amended by the CITY; and
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WHEREAS, the CITY has considered the tract of PROPERTY herein described in Exhibit
"A"for B-3 Service Business District in order to provide for the orderly development thereof, and
WHEREAS,the OWNER and DEVELOPER of the PROPERTY described in Exhibit"A"
have requested the CITY to approve this Planned Unit Development Agreement and Final Plat for
the PROPERTY; and its Plan Commission has considered the Petition; and the City Council has
heretofore approved the proposed land use and the zoning of the same at the request of the OWNER;
and
WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and
conditions upon which the PROPERTY heretofore described in Exhibit "A" will be developed
within the CITY in an orderly manner; and
WHEREAS, OWNER and DEVELOPER and their representatives have discussed the
proposed Planned Unit Development Agreement and the development of all the PROPERTY and
have had public meetings with the Plan Commission, and the City Council; and prior to the
execution hereof,notice was duly published and a public hearing was held to consider this Planned
Unit Development Agreement, as required by the statutes of the State of Illinois in such case made
and provided.
WHEREAS, the Plan Commission and City Council of the United City of Yorkville have
further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested Planned
Unit Development, Special Use meets the following standards:
(i) The establishment, maintenance or operation of the special use will not be
unreasonably detrimental to or endanger the public health, safety, morals, comfort
or general welfare.
(ii) The special use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purpose already permitted,nor substantially diminish
and impair property values within the neighborhood.
(iii) The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
(iv) Adequate utilities, access roads, drainage or other necessary facilities have been or
are being provided.
(v) Adequate measures have been or will be taken to provide ingress or egress so
designed as to minimize traffic congestion in the public streets.
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(vi) The special use shall in all other respects conform to the applicable regulations of the
district in which it is located.
(vii) The uses permitted by such exceptions as may be requested or recommended are
necessary or desirable and appropriate to the purpose of the development.
(viii) The uses permitted in such development are not of such nature or so located as to
exercise an undue detrimental influence or effect upon the surrounding
neighborhood.
(ix) That all minimum requirements pertaining to commercial uses established in the
planned development shall be subject to the requirements for each individual
classification as established elsewhere in this Title, except as may be specifically
varied herein granting and establishing a planned development use.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained,the parties agree, under the terms and authority provided in 65 ILCS 5111-15 through 65
ILCS 13.1-1.1, as amended, as follows:
SECTION 1.
The CITY in consideration of each party being bound by the terms,covenants,and conditions
contained herein, upon execution of this Agreement and accompanying Ordinance approving the
Planned Unit Development Agreement does hereby approve this Agreement on behalf of the CITY.
SECTION 2. DEVELOPMENT OF THE PROPERTY.
It is contemplated that the PROPERTY consisting of approximately 19.3 acres will be
developed by DEVELOPER as to those portions of the PROPERTY either owned by DEVELOPER
or hereafter acquired by DEVELOPER from OWNER. Regardless of whether DEVELOPER or a
third party acquires or develops any specific portion of the PROPERTY, the development of the
PROPERTY shall be carried out in general conformity with the development standards hereinafter
set forth in this Planned Unit Development Agreement and the Combined Planned Unit
Development Plans and Final Plans.
To the extent of any conflict, ambiguity or inconsistency between the terms, provision or
standards contained in this Agreement and the terms, provisions or standards, either presently
existing or hereafter adopted, of the City Code,the Zoning Ordinance, Sign Ordinance, Landscape
Ordinance, the Subdivision Control Ordinance, as hereinafter identified, or any other City code,
ordinance or regulation, (collectively defined herein as "Development Ordinances") the terms,
provision and standards of this Agreement shall govern and control. These Development Ordinances
shall be the Ordinances that govern this PROPERTY and as to the dates of this Agreement,and any
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amendment to the Development Ordinances shall not apply to the PROPERTY. Notwithstanding
the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life
safety issues which are applied uniformly within the CITY said Ordinance shall apply for that
purpose to the PROPERTY.
All Development Ordinances in effect as of the date of this Ordinance shall continue in effect
insofar as they relate to the development of the PROPERTY, except as provided in this Agreement.
These Development Ordinances shall be frozen from the date of this Agreement and any
amendments to these Development Ordinances shall not apply to the PROPERTY except as stated
for life safety issues.
Fees and charges may be assessed against the PROPERTY provided any such fee or charge
is or shall be collected by the CITY on a uniform basis from all owners, users and developers of
property within the CITY. The CITY shall not increase the amount of any fee or charge for building
permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees
or use fees for the PROPERTY unless such increases are: (i) made generally applicable to all
owners, users and developers of property within the CITY; and (ii) such increases are reasonably
related to increased costs incurred by the CITY in providing the services for which such fee is
assessed. All landscaping and final grading on individual lots shall be the sole responsibility of the
person or entity seeking issuance of the building permit for such improvement or the person or entity
(including DEVELOPER)who is owner of an individual lot on the date when such improvements
are required to be installed, and DEVELOPER's responsibilities relating to such activity shall be
deemed assigned to and accepted by said applicant or owner. All public sidewalks to be installed
are identified on the Final Engineering Plan(Exhibit`134"). No other sidewalks shall be installed
on the PROPERTY by the DEVELOPER or shall be required by the CITY to be installed. Lots
established on the PROPERTY are not required to front on a public street. Once commenced,public
improvements which the DEVELOPER has received permits for and has begun to install shall be
installed within three years after their commencement. The PROPERTY may be developed in
phases by the DEVELOPER. There shall be no time limit to commence and complete private
development on the PROPERTY. Other than the plans attached to this Agreement, the Plan
Commission and City Council shall not review any further plans, including, but not limited to
architectural elevations prior to DEVELOPER applying for any permits to construct any buildings
on the PROPERTY.
A. APPROVED P.U.D. PLANS.
The following combined plans for the PROPERTY have been reviewed by the
Yorkville Plan Commission and the City Council and are hereby approved by the CITY:
(i) P.U.D. Plan(Exhibit`13-1") ("P.U.D. Plan");
(ii) Preliminary Landscape Plan(Exhibit "13-2");
(iii) Freestanding Signage Plan (Exhibit`13-3"); and
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(iv) Lot 1 through Lot 5 and off-site(for Landmark and Marketplace Drive, Basin
B, and any other off-site utility work required) Final Engineering (Exhibit
"B-4")
The P.U.D.Plan,Freestanding Signage Plan,Perimeter Landscape Plan and the Final
Engineering are sometimes referred to collectively as the"Combined P.U.D.Plans". The Combined
P.U.D.Plans are approved by the CITY in their entirety and any provision or requirement contained
in any ordinance, regulation, directive or procedure of the CITY exclusive of this Agreement, in
conflict with any aspect or element of the Combined P.U.D. Plans shall be deemed varied hereby
so as to conform with and permit the development, use, maintenance and operation of the
PROPERTY in substantial conformity with the Combined P.U.D. Plans. All references in this
Agreement to a lot number(i.e.,Lot 1,Lot 2,etc.)shall mean the corresponding lot as identified on
the Final Plat of Subdivision and P.U.D. Plan.
B. DEVELOPER has represented to the CITY and the CITY acknowledges that the lots
identified on the Final Plat of Subdivision may be changed in the future. Any Final Plat of
Subdivision("Final Plat")shall be in substantial conformance with the P.U.D.Plan if the Final Plat
meets the bulk lot standards as provided in Section Two of the Agreement. Changing the location
of the lot lines shall not be considered a change of the P.U.D.Plan or this Agreement so long as the
Final Plat meets the bulk standards as provided in Section Two of this Agreement. There shall be
a time limit of twenty(20) years between approval of the P.U.D. Plan and submission of the Final
Plat for approval by the CITY. DEVELOPER shall have the right to subdivide and resubdivide the
PROPERTY into lot configurations other than as shown on the P.U.D. Plan or Final Plat of
Subdivision, so long as each such lot so platted complies with the requirements of the Yorkville
Municipal Code, except as amended by or otherwise provided in this Agreement. A resubdivision
of any approved final plat of subdivision shall not be considered a change to the final plat.
C. APPROVED FINAL PLANS
The following combined final plans for Lots 1 through 5 on the PROPERTY have
been reviewed by the City and are hereby approved by the City:
(i) Lot 1 through Lot 5 P.U.D. Site Plan (Exhibit"C-1")
(ii) Lot 1 through Lot 5 Final Landscape Plan (Exhibit"C-2")
(iii) P.U.D. Signage Plan and Jewel/Osco wall signage (Exhibit "C-3")
(iv) Lot 1 through Lot 5 and off-site (for Landmark and Marketplace Drive,
Basin B, and any other off-site utility work required) Final Engineering
(Exhibit"134")
4")
(v) Lot 1 through 9 Final Plat of Subdivision(Exhibit"C-5")
(vi) Jewel/Osco and Shops building elevations (Exhibit"C-6")
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The Lot 1 through Lot 5 Site Plan,Landscape Plan, Signage Plan,Final Engineering,
and the Lot 1 through 9 Final Plat of Subdivision are sometimes referred to collectively as the"Lot
1 through 5 Final Plans". The Lot 1 through 5 Final Plans are approved by the CITY in their
entirety. No other plans are required to be reviewed or approved by the CITY as a condition
precedent to DEVELOPER applying for and receiving grading,foundation,building and occupancy
permits on Lots 1 through 5 including the expansion of the Jewel building shown on Exhibit"C-1",
provided DEVELOPER complies with all requirements for obtaining such permits as provided in
the City Codes, except as amended by this Agreement. The Lots 1 through 5 Final Plans are
approved by the CITY in their entirety and any provision or requirement contained in any ordinance,
regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any
aspect or element of the Lots 1 through 5 Final Plans shall be deemed varied hereby so as to conform
with and permit the development,use,maintenance and operation of the PROPERTY in substantial
conformity with the Lots 1 through 5 Final Plans.
D. RESUBDIVISION
Any lot may be resubdivided in conformance with the Plat Act from time to time into
two or more lots after or concurrently with the initial final plat of subdivision for each such lot. In
the event,however,following the approval and recordation of the initial plat of subdivision of each
Lot contained within the PROPERTY,DEVELOPER shall be entitled to resubdivide each such lot
without further Plan Commission review provided the following conditions are met:
(i) All resubdivided lots shall comply with the standards of this Ordinance;
(ii) Each resubdivided lot shall have access by way of fee title or easements in
form reasonably acceptable to the CITY to:
1. A public street for ingress and egress;
2. Water mains;
3. Sanitary sewers;
4. Storm sewers;
5. Electric distribution facilities; and
6. Such other public utilities as may be necessary and appropriate for the
use and occupancy of such subdivided lot.
(iii) Utilities for which easements or ownership shall be necessary as set forth in
(ii), above, shall be installed and accepted or collateralized in
accordance with the Yorkville Municipal Code.
(iv) Each subdivided lot shall have sufficient off-street parking located thereon
as provided in the Yorkville Ordinance or have access to and use of off-street
parking on other portions of the PROPERTY by way of easements as
provided in Section 2H(ii).
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E. ARCHITECTURAL ELEMENTS
Review by the City Staff of the Exterior Building Elevations for Lots 6-9 shall be
limited solely to conformance ofthe Building Elevations with BOCA Code requirements. The CITY
represents that the Elevations for Lots 1-5 comply with BOCA Code requirements and are approved
by the staff. Any changes to the elevations for Lots 1-5 prior to receipt of a building permit shall
be reviewed and approved by staff if the revised elevations comply with BOCA code requirements.
The CITY shall not have the authority to require DEVELOPER to make any other changes or
modifications to the Exterior Building Elevations.
Any Building or Buildings constructed on any lot may be constructed in phases and
a portion of the Building may be occupied if it meets all applicable ordinances for occupancy.
DEVELOPER has represented to the CITY and CITY acknowledges that the exterior of the
Buildings constructed on the PROPERTY, other than the rear wall, shall be constructed of
ornamental masonry units,such as face brick or split face,storefront aluminum and glass,or drive-it.
The DEVELOPER has represented to the CITY and CITY acknowledges that the Buildings
constructed on the PROPERTY may contain a flat roof.
F. CONSTRUCTION OF BUILDINGS AND APPURTENANCES ON THE
PROPERTY FOR LOTS 6-9.
Provided a final plat of subdivision and final engineering plans and final plans have
been approved by the CITY for Lots 6, 7, 8 or 9 within the PROPERTY,DEVELOPER, and their
respective successors and assigns,shall have the right to construct buildings,parking lots,driveways,
utility lines and other appropriate improvements within such lot,provided the same comply with the
Yorkville Municipal Code,or otherwise provided in this Agreement. The party seeking to construct
such improvements upon such subdivided lot(Lot 6 through 9)shall first obtain a building permit,
and such other required permits in compliance with the applicable provisions of the Yorkville
Municipal Code. In addition to the normal building permit review documents required to be
submitted by the applicant therefor,the applicant shall further submit to the City Staff: 1)a final site
plan and final landscape plan for the development,showing the location of any buildings and parking
areas and their setbacks, together with the interior lot landscaping for the development; and 2)sign
plans identifying the location, size, and design of all signs to be utilized within such proposed
development (collectively "Additional Plans or Materials"). Additional Plans and Materials shall
be reviewed in the same manner as a building permit review, within the same time period as
provided in Section 11 of the Agreement and shall not require additional review or action by the City
Council, Plan Commission or other elected or appointed board or commission of the CITY.
DEVELOPER or applicant may submit the Additional Plans and Materials to the City Staff for
review and approval prior to submitting the other plans and materials required for building permit
review. If the DEVELOPER's building permit application is denied by the appropriate City Staff
administrator within the time limit provided in Section 1 I of this Agreement,then the DEVELOPER
or CITY shall be entitled to pursue any and all legal and equitable relief.
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G. LAND USE FOR THE PROPERTY
Except as otherwise provided in this Agreement, the development and use of the
PROPERTY shall comply with the standards established under the `B-3" zoning classification as
set forth in the Yorkville Municipal Code. If there is any conflict between the regulations of the
Yorkville Municipal Code,as amended from time to time,this Agreement shall govern,as provided
by Section 2 and 5 of this Agreement.
(i) Uses. Those uses listed in Exhibit "D" attached hereto shall constitute
permitted uses or special uses on the PROPERTY(individually a"Permitted
Use"and collectively the"Permitted Uses"). Any uses not listed in Exhibit
"D"shall be deemed special uses and shall require subsequent application by
the applicable owner pursuant to provisions for special use under the
Yorkville Municipal Code. The permitted uses and special uses listed in
Exhibit"D"shall survive any amendments to the Yorkville Municipal Code.
Any application for Special Use shall be processed in conformance with the
Yorkville Municipal Code.
(ii) Maximum Floor Area Ratio. None
(iii) Minimum Lot Area. 5,000 square feet.
(iv) Minimum Lot Width. None
(v) Minimum Lot Depth. None
(vi) Maximum Lot Coverage None
(vii) Building Height. The maximum height of any building or structure shall be
35 feet to the top of the parapet wall, exclusive of the screened rooftop
mechanical equipment and its aesthetic architectural features as measured
from the average finished ground level at the perimeter of the building. If the
Yorkville Kendall Fire Department acquires equipment that allows it to serve
buildings up to forty feet (40') in height, the CITY shall permit a forty foot
(40')in height restriction on the PROPERTY.Any flags and flagpoles erected
on any zoning lot shall be limited in size so as to be compatible in relation to
the size or the building or structure located on said zoning lot, but in any
event the flagpole height shall not exceed thirty (30) feet.
(viii) Setback and Yard Requirements. Building and Landscaping setback
requirements from public street rights-of-way, roadway easements and
adjacent land uses for each lot within the PROPERTY shall be as identified
on the P.U.D. Plan attached as Exhibit `B-1". If IDOT requests
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DEVELOPER to convey property or condemns property for additional right-
of-way, the required setbacks for the PROPERTY as shown on the P.U.D.
Plan shall always be measured from the existing property line so that the
PROPERTY shall continue to comply with this Agreement and shall not be
considered non-conforming by the CITY. Setbacks not provided on the
P.U.D. Plan shall be as follows:
Yard Building Setback Parking Setback Landscape setback
Front
0
0 0
Rear
0
0 0
Side
0
0 0
In addition,if any additional property adjoining the PROPERTY is purchased
by the DEVELOPER, the front, side and rear yards that do not adjoin a
public street or other property owned by others for all lots owned by the
DEVELOPER shall contain a building, parking and landscape setback of 0
feet.
(ix) Number of Buildings. Each zoning lot may contain one principal building,
together with any accessory uses.
(x) Signage. DEVELOPER, its grantees, successors and assigns, shall be
permitted to constrict,operate and maintain temporary and permanent signs
upon the various portions of the PROPERTY owned or controlled by it
pursuant to a written agreement or easement. Four ground signs, as depicted
on Exhibit`B-3"and located adjacent to the PROPERTY and not owned by
the DEVELOPER, as identified in the P.U.D. Plan, are approved, together
with the wall signage for Lot 1. All other signage for the PROPERTY shall
comply with the Yorkville sign ordinance, and each Lot shall be permitted
one ground or pole sign in addition to the off-site ground signs approved in
Exhibit `B-3". This provision does not apply to directional signage which
each lot shall be permitted,in accordance with the Yorkville Sign Ordinance.
DEVELOPER shall be permitted to provide internal and external lighting of
any ground or pole signs.
H. PARKING AND LOADING BERTH REQUIREMENTS
following:
Off-street parking and loading spaces shall be provided in accordance with the
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Except as expressly deviated in this Agreement, the off-street parking regulations
shall be governed by the regulations provided in Section 10-11-1, 10-11-2 and 10-11-3 of the
Yorkville Ordinance in effect at the time this Agreement is enacted. These parking provisions shall
apply to the PROPERTY, notwithstanding any later amendments to this Section by the CITY.
Parking spaces shall be a minimum of 9 feet by 18 feet.
(i) Drive-thru: Any facility containing a drive thru drugstore shall contain
stacking for a minimum of 2 cars per service window.
(ii) Location of Parking: Parking for any use can be located either: 1) on the lot
upon which the use is located; 2) on other lots of the PROPERTY with a
properly recorded cross-access easement for parking between the two lots.
(iii) Loading Berths: Off-street loading areas shall be provided at either the rear
or side of the principal buildings for each lot or any adjoining lots,however,
off-street loading docks shall not be required to be provided. The off-street
loading areas on Lots 1-5 and as depicted on Exhibit "C-4" are hereby
approved by the CITY. Receipt of distribution of materials or merchandise
by US mail trucks,commercial express vehicles,United Parcel vehicles and
the like shall be permitted at locations other than the required off-street
loading locations. This loading berth provision shall be in lieu of any other
loading requirements as provided in the Yorkville Municipal Code, as
amended from time to time.
L PERIMETER LANDSCAPING AND BUFFERING
(i) The PROPERTY and each lot contained therein shall be landscaped in
substantial compliance with the Preliminary Landscape Plan attached hereto
as Exhibit `13-2". The Owner and/or Developer of each lot shall only be
responsible for installing and maintaining that portion of the perimeter
landscaping identified on the Perimeter Landscape Plan located upon such
Owner's or Developer's lot. Prior to approving any Certificate of Occupancy,
a Final Landscape Plan shall be submitted for approval by the CITY. The
CITY shall approve the Final Landscape Plan if it is in substantial
conformance with the approved Preliminary Landscape Plan. The
landscaping for each lot within the PROPERTY shall be installed prior to the
issuance of any occupancy permit for the principal structure on such lot,
weather permitting, or, in the event of adverse weather conditions, within
sixty(60)days following the commencement of the next successive planting
season following issuance of such occupancy permit.
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(ii) Perimeter landscaping may be phased. However, said landscaping shall be
installed on a lot by lot basis prior to the issuance of a final occupancy permit
for each lot. The landscaping for each lot within the PROPERTY shall be
installed prior to the issuance of any occupancy permit for the principal
structure on such lot,weather permitting,or,in the event of adverse weather
conditions, within sixty(60) days following the commencement of the next
successive planting season following issuance of such occupancy permit.
The perimeter landscape standards set forth in this Agreement and in the
Perimeter Landscape Plan shall be the only perimeter landscape standards or
ordinance applicable to the PROPERTY.
INTERIOR LOT LANDSCAPING
The interiorlot landscaping plans to be submitted to the City Staffpursuant to Section
2F of this Agreement shall contain all of the information reasonably necessary to assess its
compliance with this Section of the Agreement. Such plan shall be in substantially the same format
as the Perimeter Landscaping Plan.
(i) Interior Lot Landscaping Criteria: Each area on the PROPERTY developed
as a parking lot shall contain one landscape island at least 180 square feet for
every 21 parking spaces. The parking lot islands shall be per the approved
Final Engineering Plans (Exhibit `B-4") which is attached hereto and
incorporated herein by reference. The landscape island shall contain one tree
and any combination of the following: mulch, shrubs or ground cover.
(ii) The interior landscape standards set forth in this Agreement shall be the only
interior landscape standards or ordinance applicable to the PROPERTY.
K. BUILDING AND PARKING ENVELOPE
The P.U.D. Plan (Exhibit`B-1") identifies envelopes within which the building or
buildings and parking lot on each lot within the PROPERTY may be constricted ("Building and
Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable
flexibility in design,configuration and location of the commercial buildings within the Building and
Parking Envelope. The actual building footprint and parking lot location for each building
constructed within the PROPERTY may be adjusted to meet the reasonable needs and requirements
of the uses of such building provided such building footprint and parking lot location is located
within the Building and Parking Envelope as identified on the P.U.D. Plan.
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L. EXTERIOR LIGHTING
All exterior pole mounted lighting constructed on the PROPERTY shall not exceed
a maximum height of 40 feet, measured from the pavement. Said lighting shall be white light,
downcast, not to exceed an average of seven (7) footcandles. DEVELOPER may place accent
lighting, at its sole discretion,to illuminate the building and any of the lot's entrances,so long as the
light leaving the site does not exceed City Code.
SECTION 3. ROADWAYS, STREETS AND ACCESS.
A. ACCESS LOCATIONS
(i) The CITY hereby acknowledges that the access points exist and can be used
for vehicular access as shown on the Final Engineering Plans(Exhibit`13-4").
(ii) On Lots 6 though 9, one (1) additional curb cut on both Landmark and
Marketplace Drive shall be permitted,provided the curb cut is located at least
one hundred fifty(ISO) feet from any intersection.
(iii) The CITY shall use its best efforts with IDOT to obtain the access points to
the PROPERTY shown on the Final Engineering Plans (Exhibit `134").
B. CITY COOPERATION
As to those locations over which the CITY has jurisdiction,the CITY shall issue all
necessary approvals and permits for curb cuts and access locations,pursuant to any application for
a Final Plat of Subdivision. As to all other curb cuts and access locations, DEVELOPER or
subsequent lot owner shall be responsible for obtaining all necessary approvals and permits from the
governmental authority with jurisdiction thereover and the CITY shall fully cooperate with, and
exercise its best efforts in support of, DEVELOPER or subsequent lot owner in obtaining said
approvals and permits. CITY agrees to apply to IDOT for a permit for public signals (the total cost
of installing the public signals to be paid by DEVELOPER), and Maintenance Agreements when
requested by DEVELOPER. The CITY shall execute the Maintenance Agreements with IDOT and
the CITY shall be responsible to pay for all costs associated with the Maintenance Agreement,
including but not limited to the maintenance costs for both signals.
C. SIDEWALKS
DEVELOPER shall only be required to construct sidewalks as identified on the Final
Engineering Plan (Exhibit` 13-4") .
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SECTION 4. CHANGES TO THE PLANNED DEVELOPMENT.
The PROPERTY shall be developed in substantial compliance with the Combined Planned
Unit Development Plans and any final plans or plats approved by the CITY. Changes to the Planned
Development hereby approved shall be evaluated and processed as follows:
A. DEFMTIONS
(i) Major Changes: Major changes shall include any changes to the Planned
Development which require an amendment of this Agreement, or any other
change for which a public hearing is required by law or by the Yorkville
Municipal Code, except as specifically provided herein.
(ii) Minor Changes: Minor changes shall include any change not defined herein
as a major change or a technical change. Minor changes shall include, but
not be limited to, changes to the Combined P.U.D. Plans, Lots 1 through 5
Plans or approved Additional Plans and Materials that do not alter the intent
of this Agreement. A substantial resubdivision of the entire PROPERTY of
an approved Final Plat of Subdivision may be considered a minor change of
the P.U.D. Plan and the Final Plat of Subdivision and require Plan
Commission and City Council approval, but no public hearing.
(iii) Technical Changes.: Technical changes shall include any change to the
engineering plans and specifications, and any change to the building plans,
which is determined by the City Engineering, Director of Public Works,
Building Commissioner, Fire Chief, Director of Planning or Director of
Economic Development as the case may be, to be: (i) in substantial
compliance with the Combined P.U.D.Plans as approved by the City Council
and; (ii) in compliance with the Yorkville Municipal Code, except as
specifically varied or deviated as provided in Section 2 and 5 of this
Agreement herein. Technical changes shall include, but not be limited to:
1) relocation of any road, sidewalk or easement; 2) alteration to any Storm
Detention Facility.
(iv) Items Not Considered Changes: The CITY acknowledges that any change
of lot lines from the P.U.D. Plan to the Final Plat of Subdivision shall not be
considered a change of the Planned Unit Development Agreement.
B. PROCEDURES
(i) Major changes may be approved by the City Council after public hearing and
recommendation by the Yorkville Plan Commission pursuant to submittal
and processing of a petition to amend the Special Use as a Planned
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Development and a petition for preliminary plan approval,as set forth in the
Yorkville Municipal Code. Major changes shall only require approval by a
majority of the City Council.
(ii) Minor changes may be approved by the City Council without Yorkville Plan
Commission review or public hearing. Minor changes shall only require
approval by a majority of the City Council.
(iii) Technical changes may be approved by the City Engineer,Director of Public
Works, Building official, City Administrator, or other City personnel so
empowered by the City Council as the case may be.
SECTION 5. DEVIATIONS.
To the extent that any element of the Combined P.U.D. Plans, Lot 1 through 5 Final Plans,
Additional Plans and Materials,final plans,final plats,or this Agreement,deviate from the standards
of the Subdivision Regulations,Zoning Ordinance, Sign Ordinance,Landscape Ordinance or other
ordinance of the CITY, or any amendments thereto, or any other City of Yorkville ordinances,
appropriate deviations,exceptions or("Deviations")to the applicable ordinance shall be deemed to
be granted hereby. These Deviations include, but are not limited to, the deviations identified in
Exhibit"E".
SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS.
A. EASEMENT REQUIREMENTS
All landscape, public utility, drainage, cross-access and related maintenance
agreements, and stormwater detention easements to be granted to the CITY upon,under and across
portions of the PROPERTY shall be established through the recordation, by the then owner or
owners of the land affected, of an as-built easement plat, plotting the location of each easement
granted based upon the actual location of the utility line,structure or basin as constructed. All such
easements required for the PROPERTY shall be established as aforesaid prior to the issuance of the
first occupancy permit within the PROPERTY.
B. UTILITIES AND OFF-SITE ROADWAYS
All utilities may be phased. Any lot to be developed shall provide minimum utilities
acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed during
further phases of development may enhance service of lots already developed and may require
abandonment of previously installed utilities.
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The CITY acknowledges that all off-site improvements to all public roads ("Off-Site
Roadways") adjacent to the PROPERTY, are identified on the Final Engineering Plans attached as
Exhibit `134". The CITY shall not require DEVELOPER or its successor or assigns to construct
or contribute any money for these Off-Site Roadways or any other public improvements not
specifically required under this Ordinance, including the Plans attached to this Agreement.
Additionally,the DEVELOPER shall not be required to conduct or pay for any traffic studies that
have not already been conducted by DEVELOPER or are required from the DEVELOPER by IDOT.
C. ABROGATION OF UNUSED EASEMENTS
If any easement granted to the CITY as part of the development of the PROPERTY
is subsequently determined to be in error or located in a manner inconsistent with the intended
development of the PROPERTY as reflected on any of the approved plans or in this Agreement,the
CITY shall fully cooperate with DEVELOPER in vacating and relocating such easement and utility
facilities located therein, which costs shall be borne by the DEVELOPER having responsibility
therefor. Notwithstanding the foregoing, and as a condition precedent to any vacation of any
easement,the responsible DEVELOPER shall pay for the cost of design and relocation of any such
easement and the public utilities located therein. To the extent any utility falls outside of any utility
easement, said easement location shall be readjusted to provide for any new or existing utilities
owned by the CITY.
SECTION 7. OFF-SITE EASEMENTS AND CONSTRUCTION.
CITY acknowledges and agrees that stormwater detention required as part of the
development of the PROPERTY may be located either on the PROPERTY or "off-site". The
detention provided for the PROPERTY shall meet applicable City ordinances,but in no event shall
the release rate for the PROPERTY exceed .15 CFS per acre.
SECTION 8. SANITARY SEWER SERVICE.
The CITY shall allow DEVELOPER's connection to the sanitary sewers as required by the
City Engineer. The CITY represents and warrants to DEVELOPER that it owns, operates and
maintains a sanitary sewers within its borders of the subject PROPERTY,which mains have at this
time, sufficient capacity to accommodate the anticipated sanitary sewer requirements of the
PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The
CITY shall cooperate with DEVELOPER in obtaining all necessary off-site easements and shall
grant DEVELOPER access to all CITY-owned rights-of-way to enable DEVELOPER's provision
of sanitary sewer service to the PROPERTY. DEVELOPER shall restore property affected by off-
site extension of sanitary sewer lines to its condition existing prior to said construction.
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SECTION 9. POTABLE WATER SERVICE.
The CITY represents and warrants that it owns, operates and maintains a potable water
supply and distribution system within its borders and water mains within the right-of-way along a
portion of the perimeter of the PROPERTY,which system and mains have, sufficient capacity and
pressure to accommodate the anticipated potable water and fire protection needs of the PROPERTY
to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The CITY shall
cooperate with DEVELOPER in obtaining all off-site easements necessary and shall grant
DEVELOPER access to all CITY owned right-of-way to enable DEVELOPER's provision ofpotable
water service to the PROPERTY. DEVELOPER shall restore property affected by off-site extension
of water lines to its condition existing prior to said construction.
SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE
PROPERTY FOR DEVELOPMENT.
A) DEVELOPER shall have the right after obtaining approval of Final Engineering but
prior to approval and recordation of a Final Plat of Subdivision, to undertake preliminary grading
work,filling and soil stockpiling,which plans shall be reasonably satisfactory to the City Engineer.
B) DEVELOPER shall have the right after obtaining approval of Final Engineering but
prior to approval and recordation of the Final Plat of Subdivision,may install foundations and steel
frames for buildings prior to its approval and recording of a Final Plat on the property only if
applicable building permits have been applied for and issued by the CITY.
C) DEVELOPER shall have the right after obtaining approval of Final Engineering but
prior to approval and recordation of the Final Plat of Subdivision,may install underground utilities,
only after all necessary EPA and CITY permits for extension of municipal utilities have been granted
in preparation for the development of the PROPERTY.
D) Any such work undertaken by DEVELOPER shall be at the sole risk of the
DEVELOPER and without injury to the property of surrounding property owners. No letter of
credit, bond or other security shall be required by DEVELOPER as a condition precedent to the
commencement of such work.
SECTION 11. BUILDING PERMITS.
The CITY shall issue building permits for construction of improvements upon the
PROPERTY within twenty(20)working days subsequent to receipt of application therefore. If the
application is denied, the CITY shall provide a written statement within said period specifying the
reasons for denial of the application including specifications of the requirements of law which the
application or supporting documents fail to meet. The CITY shall review and provide written
comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal.
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The CITY shall issue such building permits upon compliance with those requirements.
DEVELOPER may apply for and the CITY shall issue building permits for portions of the
PROPERTY after approval but prior to recordation of a Final Plat for any such portion of the
PROPERTY,and prior to the installation and availability of storm sewer,sanitary sewer and potable
water service to such portion of the PROPERTY. A gravel haul road outside the right-of-way
reasonably deemed satisfactory to the Fire Department for emergency use must all be in place prior
to issuance of said permits. Notwithstanding the foregoing, no occupancy permits shall be issued
for such portions of the PROPERTY until the availability of such utilities to the stricture in question
is demonstrated, including a binder course of pavement on the street fronting the structure seeking
an occupancy permit.
Prior to the DEVELOPER,its lessees or successors and assigns receiving a building permit,
a recorded reciprocal easement agreement for stormwater maintenance must be provided to the
CITY.
SECTION 12. CERTIFICATES OF OCCUPANCY.
The CITY shall issue certificates of occupancy for buildings constructed within the
PROPERTY within three (3)working days subsequent to application therefore, or issue a letter of
denial within said period informing the applicant specifically as to what corrections are necessary
as a condition to the issuance of a certificate. Inability,due to adverse weather conditions,to install
a final surface course on driveways,service walks,public sidewalks,stoops,landscaping(including
parkway trees) and final grading, shall not delay the issuance of a temporary certificate of
occupancy, which shall contain specific deadlines for completion of each of the items not
completed. The CITY shall not issue a final occupancy permit unless the Final Plat of Subdivision
for the PROPERTY is recorded.
SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS.
A. Approval of any payout reduction of the bond posted to secure certain improvements,
as required by the Yorkville Subdivision Ordinance ("Reduction") shall not be withheld if the
bonded improvements substantially conform to the Final Engineering Plan. Improvements requiring
a bond shall be as per City Ordinances and Standard City Bond Forms for Public Improvements a
copy of which is attached hereto as Exhibit "F". If private improvements, grading or landscaping
is not completed per plans,DEVELOPER shall post a bond or letter of credit for 110%of estimated
cost of completion or certificate of occupancy may be withheld as to affected areas of the
PROPERTY by the CITY.The CITY shall,within sixty(60)days from the request for the Reduction
and after receipt of the appropriate lien waivers from the DEVELOPER, either approve said
Reduction, or shall notify DEVELOPER in writing of the reason or reasons for not approving said
payout or Reduction. The reasons for denying the Reduction shall be limited to DEVELOPER not
substantially conforming to the Final Engineering Plan or as listed on CITY standard bond form.
Upon satisfying said reasons and notification by DEVELOPER to the City Engineer, the City
Council may authorize the Reduction. Neither the CITY or the City Engineer shall require the
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DEVELOPER to install, construct or pay for any other improvements not included in the Final
Engineering as approved by the CITY concurrent with the Final Plat approval.
B. Within twenty(2 0)days following a DEVELOPER's request therefore,underground
Public Improvements, and surface level structures appurtenant thereto, shall be inspected by the
CITY and certificates of completion issued therefore by the CITY upon a finding of compliance with
the final engineering plans pertaining thereto. The responsible DEVELOPER shall post, or cause
the subcontractor constructing such Public Improvements to post a maintenance bond in the amount
of ten percent(10%) of the cost of constructing such Public Improvements as listed in the Standard
City Bond Form attached hereto and incorporated herein as Exhibit "F", to guarantee the
workmanship and materials of such Public Improvements for a period of twelve (12) months
following the date of acceptance by the City Council. Upon the expiration of said twelve(12)month
guarantee period, the CITY shall make a final inspection of such Public Improvements, and upon
the correction by DEVELOPER of such defects or damage as may then exist effecting the same,the
CITY shall accept conveyance of such underground Public Improvements from such DEVELOPER
by bill of sale or such other conveyance device as may be approved by the City attorney.
SECTION 14. LIQUOR CONTROL ORDINANCE AMENDMENTS.
Upon written request of Jewel/Osco Food Stores, Inc., or their affiliate, or in the event
Jewel/Osco Food Stores, Inc. is not developed as the anchor store and a similar grocery store user
is substituted in its place, CITY agrees to issue a proper package liquor license pursuant to its
Ordinance upon compliance with all terms of the City's Liquor Control Ordinance and State of
Illinois Liquor Control regulations.
SECTION 15. SPECIAL ASSESSMENTS AND TAXATION.
Without the prior written consent of OWNER,the CITY shall not,within ten(10)years from
the execution of this Agreement:
A. levy against any real or personal property within the PROPERTY, any special
assessment or special tax for the cost of any improvements in or for the benefit of the
PROPERTY except as specified herein; or
B. undertake any local improvements in, on or for the benefit of the PROPERTY
pursuant to the imposition of a special assessment or special tax against the
PROPERTY, or any portion thereof, or
C. levy or impose additional taxes on the PROPERTY, in the manner provided by law
for the provision of special services to the PROPERTY or to an area in which the
PROPERTY is located or for the payment of debt incurred in order to provide such
special services.
D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site of
the PROPERTY maintenance of detention, perimeter landscaping, ponds, and
common subdivision signage which is located on the PROPERTY only,not off-site
signs,which shall only be activated in the event DEVELOPER or its assigns fail to
maintain those elements of the subject real PROPERTY. DEVELOPER shall submit
a written waiver and consent of the Back-Up Special Tax Service Area prior to
issuance of the first certificate of occupancy on the subject premises. The Back-Up
Special Tax Service Area shall not be levied upon by the CITY without providing a
ninety (90) day advance written notice to DEVELOPER or any active property
owners' association allowing them an opportunity to cure any maintenance default
weather permitting or labor or other force majeure that would delay performance
being given consideration by the CITY. This ninety(90)day notice and opportunity
to cure period shall also be tolled if the DEVELOPER has ordered material to cure
the defects but is still awaiting delivery of that material. The levy sought may not
exceed Twenty Five Cents($.25)per One Thousand Dollars and 00/100($1,000.00)
of assessed value.
Nothing in this Section 16 shall prevent the CITY from levying or imposing additional
property taxes upon the PROPERTY in the manner provided by law, which are applicable to and
apply equally to all other properties within the CITY.
SECTION 16. COMMERCIAL DEVELOPMENT-INCENTIVE REIMBURSEMENT.
A. CREATION OF ECONOMIC INCENTIVE AGREEMENTS
The CITY acknowledges that an economic incentive agreement for the subject
commercial property will provide incentives for development within the PROPERTY, which will
provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its
assigns, pursuant to 65 ILCS 5/8-11-20 or any other statutory means, enact all ordinances and
execute all agreements to share or rebate a fifty percent (50%) portion of the CITY's allocated
portion of sales tax revenue as set forth herein to DEVELOPER or as assigns in writing by
DEVELOPER, pursuant to the terms provided in this Agreement (hereinafter referred to as
"Incentives"). For purposes of this Agreement a "commercial generator" shall be any user that
collects sales tax as part of its operation. The commercial retailer user shall be referred to as the
"Generator".
CITY and DEVELOPER agree that a separate and binding Development/Economic
Initiative Agreement shall be approved by the CITY simultaneously with the approval of this
Planned Unit Development Agreement which shall contain the following terms and conditions:
The CITY acknowledges that its agreement to execute the referenced
Development/Economic Initiative Agreement is a material inducement to DEVELOPER to enter into
this Agreement.
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B. DEVELOPMENT INCENTIVE REIMBURSEMENT
(a) Incentives. The DEVELOPER pursuant to the terms of this Agreement shall
be repaid 100%of its Reimbursable Improvement costs(defined below) out
of 50% of sales tax generated by any "Generator" on the Property or any
additional property purchased by DEVELOPER, as evidenced by paid lien
waivers and sworn contractor affidavit submitted to the CITY. The CITY
shall include simple interest of five percent (5%) per annum on the
Reimbursable Improvement calculation for the balance of Reimbursable
Improvements incurred by DEVELOPER. Interest shall be calculated
annually and shall commence with the Certificate of Occupancy being issued
to the first anchor store(which is defined as a store having 25,000 square feet
or more) on the balance of any unpaid Reimbursable Improvements. For
example, if the first anchor opens March 1, 2002, five percent (5%) interest
will be added to the Reimbursable Improvements incurred by DEVELOPER
as of March 1, 2002. Payments shall be first applied to interest than to
Reimbursable Improvements. DEVELOPER shall be entitled to recover up
to the total amount of the Reimbursable Improvement calculation plus
interest for a period of eighteen (18) years commencing with one (1) year
from the date of execution of this Planned Unit Development Agreement and
the Development/Economic Initiative Agreement by the CITY. In the event
DEVELOPER recovers its full Reimbursable Improvement plus interest
calculation prior to that expiration time,the right to recovery shall terminate
earlier than the previous stated expiration date. In the event DEVELOPER
has not received all of its Reimbursable Improvements calculation and
interest upon said expiration date,the Agreement shall be treated as expired.
Interest shall not be compounded. These Reimbursable Improvements
include, but are not limited to, the following:
1. Design, engineering, and construction costs of the following:
Roadway,Utility and Parkway Improvements to Landmark Avenue,
including the reconstruction of existing Landmark Avenue,
Marketplace Drive,any road improvements on Rt. 34 and Rt.47,any
signalization on Marketplace Drive and Rt. 34,Landmark and Rt.47,
and all work related thereto, including but not limited to,
interconnection and street lighting. DEVELOPER shall further
install at its cost and be reimbursed for the section of Marketplace
Drive extended to the southeast from Landmark Drive to intersect
with McHugh Road. The extension of Marketplace Drive to McHugh
Road shall be in accordance with the specifications attached as
Exhibit"G".
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2. All off-site improvements including, but not limited to public
utilities,water,water drains, sanitary sewers, storm sewers, and off-
site landscaping.
3. Landscaping improvements in the parkway on Marketplace and
Landmark and existing Landmark.
4. Payment of recapture to St.Patrick's on the acreage contained in Lots
1-5 of the Final Plat of Phase I of Yorkville Market Place.
5. The CITY shall distribute the sales tax revenue generated by any
Generator as follows:
50% to the DEVELOPER, or as directed by the DEVELOPER;
50%to the CITY;
(b) Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein
refers to revenues generated by the sale of merchandise from and collected
under the Retailer's Occupation Tax, or any other"sales tax" or similar tax
that may be enacted by the State of Illinois or any governmental agency or
body created under the laws of the State of Illinois,based upon gross sales,
and located within the State of Illinois,that is collected by the Generators as
a result of business transactions occurring on the Property. In the event that
the CITY's share of said sales tax or substitute tax is reduced or increased by
the State, then the affected Generator's share thereof shall be reduced or
increased in the same proportion.
(c) Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its
assignee the quarterly installment payments made to the CITY by the Illinois
Department of Revenue within thirty(30)days of receipt by the CITY of the
quarterly installments,and continuing until the Reimbursable Improvements
and applicable interest are paid to the DEVELOPER as set out in this
Agreement.
The"quarterly installment payment" shall mean an amount equal to
one-half('/z) of the sales tax revenue received by the CITY from the
State generated by each Generator on the Property, or any additions
to the PROPERTY. All amounts paid to the DEVELOPER will be
due and payable solely from one-half(1/2) of the sales tax revenues
received by the CITY from any Generator's sales for the preceding
calendar quarter.
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2. However,if the CITY no longer receives sales tax revenues from the
Generator due to a change in Illinois statutes, then the CITY shall
make payments to the DEVELOPER from any alternate sources of
revenue provided to the CITY by the State, if any are made,
specifically as a replacement or substitute for sales tax revenue
presently received by the CITY.
(d) Verification of Costs. Following construction of the Reimbursable
Improvements,Developer shall provide the City with final lien waivers and
sworn contractor affidavit establishing the cost of such improvements.
(e) Tolling of Term. The term of eighteen(18)years shall be tolled or extended
for up to two (2) years for any delay in issuance of CITY building or
occupancy permits due to the lack of availability of sanitary sewer or
municipal water supply to the PROPERTY.
(f) Sources of Funds to Pay Reimbursable Development Project Costs.
1. Funds necessary to pay for the Incentives are to be solely derived
from the additional sales tax generated by the Generators. This
pledge of additional sales tax revenues hereby is approved by the
CITY.
2. In order to comply with the terms of this Agreement,DEVELOPER
shall require in writing all tenants in the Property and to any
subsequent purchasers of any portion of the Property to direct the
Illinois Department of Revenue to provide the CITY with a
breakdown of sales tax being remitted to the CITY for each
commercial retailer on-site. In the event DEVELOPER or a
commercial retailer fails to provide the CITY with written authority
for release of said information from the Illinois Department of
Revenue the CITY shall have no duty to remit sales tax proceeds
from that commercial retailer to the DEVELOPER.
C. ASSIGNABILITY
It is expressly agreed and understood by the parties to this Agreement that the benefits
contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11-
20 are assignable at the option of the DEVELOPER. Upon such written assignment by the
DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the
Development Agreements,this Ordinance and applicable law,and shall be entitled to enforce same
by any legal or equitable remedy. If any Lot is sold by the DEVELOPER,DEVELOPER shall be
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entitled to continue to receive payments for Reimbursable Improvements pursuant to the
Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER
D. REIMBURSEMENT PROCEDURES
(i) Sales Tax Reports. Developer agrees to cause all Generators to execute and
deliver to the City a written direction, in form and content acceptable to the
City and the Illinois Department of Revenue("DOR"),authorizing the DOR
to release to the City the sales tax figures for the Generator, on a quarterly
basis and during the term of this Agreement. The City agrees to take the
necessary action to initiate the transaction. Should the DOR cease to release
the sales tax information to the City on a quarterly basis, Developer and all
Generators shall be responsible for any further action to obtain the sales tax
information from the DOR or shall be responsible for submittal of the sales
tax information from the DOR or shall be responsible for submittal of the
sales tax information as provided for in the next paragraph of this Agreement.
In the event the DOR fails to submit to the City the quarterly sales tax
information for any Generator as provided for in Section A above,Developer
shall cause Generators to, contemporaneous with the filing of sales tax
reports with the Illinois Department of Revenue or successor agency,furnish
to the City copies of any and all sales tax returns, sales tax reports,
amendments, or any other paper filed with the State of Illinois, said
Department of Revenue or other appropriate governmental entity,pertaining
to the Generators, and certified as being true and correct, which documents
are being provided to the City for purposes of identifying sales tax revenues
collected pursuant to this Agreement.
(ii) Confidentiality. The City acknowledges and agrees that information to be
provided by Generators hereunder are proprietary and valuable information
and that any disclosure or unauthorized use thereof will cause irreparable
harm to Developer and/or Developer's affiliates and/or Generator and/or
Generator's affiliates, and to the extent permitted by state of federal law,
including but not limited to Section 7(1)(g) of the Illinois Freedom of
Information Act, the City agrees to hold in confidence all sales figures and
other information provided by Developer or Generators or obtained from
Developers' or Generators' records in connection with this Agreement, and
in connection therewith,the City shall not copy any such information except
as necessary for dissemination to the City's agents or employees as permitted
hereinafter. The City shall be permitted to disclose such information (i) to
its agents or employees who are reasonably deemed by the City to have a
need to know such information for purposes of this Agreement; provided,
that such agents and employees shall hold in confidence such information to
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the extent required of the City hereunder or(ii)to the extent required by order
of court or by state of federal law. The confidentiality requirements of this
Agreement shall survive any expiration, termination or cancellation of this
Agreement and shall continue to bind the City, its successors, assigns and
legal representatives for a period of five (5) years from the termination,
expiration or cancellation of this Agreement. All Generators shall be treated
as third party beneficiaries to this Confidentiality provision.
E. AUDIT
Each payment by the City to Developer shall be accompanied by a statement executed
by the City Treasurer or the Treasurer's designee,setting forth the calculations of such payment and
identifying the sales tax return period to which the payment relates. The City Treasurer or the
Treasurer's designee shall further issue a statement setting forth all payments made to date to
Developer. Developer shall have one(1)year following the receipt of said payment to contest any
of the calculations or information contained in said statements. Developer shall have the right to
review all sales tax reports provided to the City by the state relating to any Generator upon two days
written request by Developer.
F. DEFAULT/RIGHT TO CURE
No party shall be deemed in default hereunder until such Party has failed to cure the
alleged default with ten(10)days in the case of a monetary default,or within thirty(30)days in the
case of a non-monetary default,from notice of such default from the other Party;provided,however,
if the nature of such non-monetary default is such that it cannot reasonably be cured within such
thirty(30) days period,then such Party shall not be deemed in default if such Party commences to
cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure
to completion.
In the event of a default and except as may be otherwise provided herein to the
contrary, the non-defaulting party may: (i) terminate this Agreement upon written notice to the
defaulting party,recover from the defaulting party all damages incurred by the non-defaulting party;
(ii)except as may be otherwise expressly provided to the contrary herein,seek specific performance
of this Agreement, and, in addition, recover all damages incurred by the non-defaulting party; (the
parties declare it to be their intent that this Agreement may be specifically enforced); (iii)pursue all
other remedies available at law, it being the intent of the parties that remedies be cumulative and
liberally enforced so as to adequately and completely compensate the non-defaulting party.
G. NO OBLIGATION TO DEVELOP, OPEN OR OPERATE
Nothing contained in this Agreement shall be deemed to obligate Developer,
Generator or any of Generator's affiliates to construct any improvements on the Property or to open
or operate any form of business in the Property for any period of time or at all.
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SECTION 17. RECAPTURE AGREEMENTS.
The CITY represents and warrants to DEVELOPER that besides the St. Patrick's Church
Recapture Agreement for sewer and water extension there are no recapture fees that are or shall
become due and payable by the OWNER or DEVELOPER as a result of connection to any utility
or road improvements serving the PROPERTY.
SECTION 18. COMPLIANCE WITH STATE STATUTES.
In the event that any one or more provisions of this Agreement do not comply with any one
or more provisions of the Illinois Compiled Statutes or the governing rules of the Water Pollution
Control board or the Federal or State Environmental Protection Agencies,then the CITY,OWNER,
and DEVELOPER, and all of their respective successors and assigns, agree to cooperate to comply
with said provisions which shall include, but not be limited to, the passage of resolutions and
ordinances to accomplish such compliance.
SECTION 19. PLATTING OF LANDSCAPE BUFFERS.
All landscape buffers required under this Agreement may, in the sole discretion of the
responsible DEVELOPER, be included within and platted as part of the applicable lot. In such
event, the owner of such lot within which the landscape buffer is located, shall maintain, at such
owner's expense,the landscape material contained therein following the responsible DEVELOPER's
construction and completion of such landscape buffer.
SECTION 20. CONVEYANCES.
Nothing contained in this Agreement shall be construed to restrict or limit the right of the
OWNER and/or DEVELOPER to sell or convey all or any portion of the PROPERTY, whether
improved or unimproved.
SECTION 21. CONFLICT IN REGULATIONS AND ORDINANCES.
The provisions of this Agreement and Ordinance approving this Agreement shall supersede
the provisions of any ordinance, code,or regulation of the CITY which may be in conflict with the
provisions of hereof.
SECTION 22. AMENDMENT TO THIS ORDINANCE.
This Agreement shall not be amended by the CITY without the prior written consent of the
DEVELOPER.
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SECTION 23. BINDING EFFECT, SUCCESSION IN INTEREST.
This Agreement and the Ordinance approving it shall constitute a covenant running with the
land and be binding upon and inure to the benefit of the parties hereto, their successors in interest,
assignees, lessees, and upon any successor municipal authorities of the CITY and successor
municipalities. Except as otherwise expressly provided herein,upon the conveyance or assignment
by OWNER and/or a DEVELOPER of its interest in the PROPERTY to any successor, assign, or
nominee, OWNER and/or such DEVELOPER, as the case may be, shall be released from any and
all further liability or responsibility under this Ordinance except to the extent previously undertaken
by DEVELOPER,or for which DEVELOPER has posted security to perform an obligation in which
case DEVELOPER shall be bound to continue to complete its performance unless a replacement
bond or letter of credit is posted by the new OWNER or DEVELOPER, and accepted by the CITY
which shall not be unreasonably withheld. In such event the original DEVELOPER shall be released
from the underlying obligation to perform. The CITY shall thereafter look only to the successor,
assign, or nominee of OWNER and/or such DEVELOPER as the case may be, concerning the
performance of such duties and obligations of OWNER and such DEVELOPER hereby undertaken.
SECTION 24. INCORPORATION OF EXHIBITS.
All exhibits attached to this Agreement are hereby incorporated herein and made a part of
the substance hereof.
SECTION 25. EFFECTIVE DATE.
The effective date of the Ordinance approving this Agreement shall be the date the
DEVELOPER acquires the PROPERTY from the OWNER and title passes from OWNER to
DEVELOPER.
SECTION 26. APPLICABILITY OF P.U.D. AGREEMENT AND ORDINANCE
APPROVING IT TO ADJACENT PROPERTY PURCHASED BY
DEVELOPER IN THE FUTURE
The DEVELOPER has represented that it may acquire additional property located adjacent
to the Property("Additional Property"). In the event OWNEWDEVELOPER acquires an existing
Special Use for a gas station, it may operate a gas station at that location without applying for a
separate Special Use. The CITY agrees that upon petition by the DEVELOPER to include the
Additional Property into the P.U.D. Agreement approved by Ordinance that the CITY shall enact
a P.U.D.Ordinance for the Additional Property identical to the Ordinance approving this Agreement,
and amend any necessary changes to the P.U.D. Agreement because of additional property except
for the building, parking and landscaping standards. Any Additional Property purchased by
DEVELOPER shall have the following setbacks:
-26-
Yard
Front, adjoining a
public street
Front, not adjoining
a public street and
adjacent to Property
owned by the
Developer
Building Setback
30 feet -measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by
IDOT
0 feet
Front, not adjoining 10 feet
a public street and not
adjacent to Property
owned by the
Developer
Side, adjoining a
public street or
adjacent to Property
not owned by the
Developer
Side, not adjoining
a public street and
adjacent to Property
owned by the
Developer
5 feet - measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by
IDOT
0 feet
-27-
Parking Setback
30 feet - measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by
MOT
0 feet
10 feet
5 feet- measured
from the existing
property line,not
after any required
dedication or
condemnation of
right-of-way by
IDOT
0 feet
Landscape Setback
30 feet -measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by IDOT
0 feet
10 feet
5 feet -measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by IDOT
0 feet
, I I ► ,
Rear, adjoining a
public street or
adjacent to Property
not owned by the
Developer
Rear, not adjoining
a public street and
adjacent to Property
owned by the
Developer
10 feet-measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by
IDOT
0 feet
SECTION 27. NOTICES.
10 feet- measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by
IDOT
0 feet
10 feet -measured
from the existing
property line, not
after any required
dedication or
condemnation of
right-of-way by IDOT
0 feet
Any notices required hereunder shall be in writing and shall be served upon any other party
in writing and shall be delivered personally or sent by registered or certified mail, return receipt
requested,postage prepaid, addressed as follows:
If to the CITY: Mayor and City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge St.
Yorkville, IL 60560
If to Owner: 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
c/o
If to Developer: Tucker Development Corporation and TDC Yorkville, L.L.C.
Attn: Richard Tucker, President
513 Central Ave., Ste. 400
Highland Park, IL 60035
i • �
With a copy to: Attorney Tracy D. Kasson
Rathje, Woodward, Dyer& Burt
300 E. Roosevelt Rd., Ste. 300
Wheaton, IL 60187
or to such other addresses as any party may from time to time designate in a written notice
to the other parties.
SECTION 28. ENFORCEABILITY.
This Agreement shall be enforceable in any Court of competent jurisdictions by any of the
parties hereto by an appropriate action of law or in equity to secure the performance of the covenants
herein contained.
In the event any portion of said Agreement becomes unenforceable due to any change in
Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall be
exercised therefrom and the remaining portions thereof shall remain in full force and effect.
SECTION 29. ENACTMENT OF ORDINANCES.
The CITY agrees to adopt any ordinances which are required to give legal effect to the
matters contained in this Agreement or to correct any technical defects which may arise after the
execution of this Agreement.
-29-
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
3��day of , 20 01.
�)s
CITY:
THE UNITED CITY OF YORKVILLE
M-M .
-30-
The undersigned Trustee as OWNER and its beneficiary by authorizing the execution of this
Agreement hereby consent to all changes and modifications of the original Consent Decree entered
in Kendall County Case#98CH19.
OWNER:
LASALLE BANKN.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
By: '_ (A/-�
Attest:
Dated: ,3-C:3-0
-31-
DEVELOPER:
TDC YORKVILLE, L.L.C.,
a Delaware Limited Liability Compa
By: Tucker lopment Co , Manager
By:
IRI-c'fiard H. Tucker, President
Attest:
Dated: ���
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-32-
MTUCK DEYBAPMENT
CORPORATION
94 7-926.9999
Yorkville Marketplace.0.�T.�;a1
Exhibit B - 2
i
-,t S:
Q
All U bn .pe h do—dA pl=-g ateu m b.,.dded
The demndon b...and pesimaa p.dwvq—m b.seed d
NOTE The f IIb g adddom[plant mnat d hu been vd&d m the
32 Shad.Tao
84 E—g—Tao
35 Om.mentd Tao
750 Hovering/Eq7_
– - - =
Preliminary PlanPlanT-
0 30' 60' 120' NoTTh
ARCHITECTS + PLANNERS, INC.
6 SOUTH VAIL AVENUE AAUNGTON HEIGHTS.ILLINOIS 60005 02001
Plant List
SHADE+PARKWAY TREES
221 TREES 2.5-NUNINIUNI GUJPER
GT GLEDRSIA TILUCANTH05'CULTNARS
FA FRAXAIUS ANIERIGNA'CULTIVARS
SKYLINE HONEYLOCUST
WHITEASH
FP FRAXAIUS PENNS.'CULVIVARS
GREEN ASH
rI TUJAAMFIUCANAREDMOND'
REDMOND ANMIU LINDEN
AF ACER X FREENIANU'CULTTVARS
NNRMOMAPLE
EVERGREEN TREES
t11TREES e'N/ININIUMHE1cHr
pp PICEA PUGENS
PG PICEA GNUG DENSATA'
GREEN SPRUCE
BLACK HILLS SPRUCE
PS PINUSSYLVFSM
SCOTCH PINE
ORNAMENTAL TREES
51I TREES 6'NUNINIUNI HEIGHT
NIB N1ALU5 BEVERLY'
BEVERLY CRABAPPLE
MNIZ N%LLLU5''ZPm
PRAIRIEFIE CRAB
I
RED ZUNU CRAB
SHRUBS
1.936 SHRUBS 24'NUNINTCM SIZE
�5
c�
CS CORNUSSERICE{
RED DOSIER DOGWOOD
CH COTONEASTEA HORIZONTALIS
ROCKSPRAY COTONEASTER
BA BUONYMUS AATUS CONIPACTUS
DWARF BURNINGBUSH
FS FORSYTHIA.INTERNIEDIA 5UNRLSE'
DWARF FORSYTHIA
JC JUNTPERUS CHINENSIS RFTCgR1ANA'
COMPACTPFTIZERJUNIPER
RA RUBES ALPINUM
ALPINE CURRANT
SB SPUlE.1 X BUNIALOA'ANTHONY
SF SPIREA X BUNIALDA TROEBEL'
AN WA171M SPIREA
FROEBEL SPIRFA
VD VIBURNUM DENTATUM
ARROWWOOD VIBURNUM
VO VIBURNUM OPULUS CONIPAC UNI
COMPACT VIBURNUM
PERENNIALS
3-Fors-1 QT.
p
HK HENIEROCkLLIS'STELLA D'ORO'
YELLOW DAYLI.Y
HR HENIEROGUJ.IS'CAREY QUINN
RED DAYLILLY
CF GUANIAGROS IS ACUTUZORA'STIUCTA'
FEATHERREED GAA55
PA PENNLSETUM A OPECUROIDES
FOUNTAIN GRASS
RE RUDBECKIA'GOLDSTRUNT
BUCK-EYED SUSAN
SS SEDUM SPEGUU.E'AUTUNIN JOY
AUTUNfN JOY STONECROP
All U bn .pe h do—dA pl=-g ateu m b.,.dded
The demndon b...and pesimaa p.dwvq—m b.seed d
NOTE The f IIb g adddom[plant mnat d hu been vd&d m the
32 Shad.Tao
84 E—g—Tao
35 Om.mentd Tao
750 Hovering/Eq7_
– - - =
Preliminary PlanPlanT-
0 30' 60' 120' NoTTh
ARCHITECTS + PLANNERS, INC.
6 SOUTH VAIL AVENUE AAUNGTON HEIGHTS.ILLINOIS 60005 02001
F
I i
i
I
iv J
i
i
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II
N _ _
I
EXHIBIT B-3
Yorkville Marketplace ARCHITECTS + PLANNERS, INC.
Inh Nn- 99l]R7 Pvinn Sian Cdntinnc -Ann—i/e°s 1t_n^ 6 SOUTH VAIL AVeNIA AaurIGTON HEIGHTS 11 LINOIS 60005 a-lann
Proposed Improvements 3?�
for
n
YORKVILLE MARKETPLAC
E �I
maaa
STANDARD SYMBOLS City of Yorkville, Illinois INDEX OF SHEETS
EXISTING PROPOSED EXHIBIT B-4 SHEET NO. DESCRIPTION e e
-_- STORM SEWER -)^-1•-
--- - SANITARY SEWER
.._. _—. FORCEMAIN -FM- 1. TITLE SHEET i«�
-» PVWAT SEWER-STORM 2. OVERALL LAYOUT
-W-
---F ELECTRIC E 3. SITE DIMENSIONAL AND PAVING PLAN
- -r.-- GAS —c— 1 4. UTILITY PLAN
..__..T .._... TELEPHONE T-
SANITARY MANHOLE O ' 5. OFFSITE UTILITY PLAN a o 0
(' STORM MANHdE
CATCH BASIN • Fq�. 6. GRADING AND SOIL EROSION CONTROL PLAN _� w �
L STORM INLET ■ ` �P (� n
GN p 7. PAVEMENT MARKING PLAN t1�� z
CLEANQUT •� \ PLAN AND PROFILES - �-I "o d
HAY BALES 01T w 6 8. MARKETPLACE DRIVE STA. 0+00 TO STA. 8+62.62 H rMTJ .E i
' RIP RAP
VALVE IN VAULT e mo K�NNC 9. LANDMARK AVENUE STA. 0+00 TO STA. 12+55.64 `]
n VALVE RH BOX a 10. SANITARY SEWER PLAN AND PROFILE
FIRE HYDRANT N Q 11. SANITARY SEWER PLAN AND PROFILE U) a x
BUFFALO Box • m N 12. CONSTRUCTION DETAILS Z 0 � o
FLARED END SECTON ci
�t $
-ti~ STREET LIGHT 13. CONSTRUCTION DETAILS 0 W
-h` $ I"
SUMMIT OO CJ� PROJECT 14. CONSTRUCTION DETAILS AND SPECIFICATIONS a
LOW PONT OINT L
1
PRIM/ ® LOCATION 5. SITE SPECIFICATIONS
�n INVERT ELEVATION
ELEVATION OF TOP OF CURB AT STRUCTURE ®T/O _
INVERT ELEVATION f.l..( n•
- DITCH OR SWALE
DIRECTION OF FLOW
_ OVERFLOW RELIEF SWALE
T FOOT CONTOURS
CURB AND GUTTER /^� i
DEPRESSED .7
CU `I
RB AND GUTTER RIVER ROAD
REVERSE CURB 2 W
AND GUTTER y
_T I 1 IT I_L SIDEWALK -TTTITTTT
ACESSISLE CURB RUMP ---- _A-�
-- PROPERTY UNE Fox
11 MA
-- IL BOX O -- -- �. �, 0•\
- SIGN - �_.._._� • ®� �:
I TRAFFIC SIGNAL
2 River •1,A���,
POWER POLE RO PO
A GUY W
a GAS VALVE 126 26 VAN EMMON RD
HANDHOLE
P COMM ED BOX
W IBT BOX
CHAIN-UNK FENCE
SPOT ELEVATION /-792.15 LOCATION MAP BENCHMARKS:
e --- BUSH/TREE LINE S T CITY BENCHMARKS_ a
E DECIDUOUS MEE WITH
N
TRUNK DIA.IN INCHES(MR) yx� TOP OF THE NORTHWEST FLANGE BOLT ON THE FIRST HYDRANT NORTH m
CONIFEROUS MEE WITH DEVELOPER OF ROUTE 34 ON THE WEST SIDE OF ROUTE 47 NEAR THEATER. F.
HEIGHT IN FEET(TER)
SILT FENCE ELEVATION = 641.39 m
g TOP OF THE NORTHEAST BOLT ON THE STREETLIGHT ON THE NORTH SIDE W X
OF ROUTE 34 EAST OF THE EAST ENTRANCE TO McDONALDS. U W
ELEVATION = 640.12 Q
SITE BENCHMARKS_ ,,j J
TTLICKER DEVELOPMENT SECOND BOX CUT ON TOP OF CURB AT THE ENTRANCE OF YORKVILLE r
ABBREVIATIONS 0 R P 0 R A T ION STUDIO AND MOTEL (APPROXIMATELY 13' EAST OF THE EAST PROPERTY LINE). W Y Uj
H ELEVATION = 641.05 Q
513 CENTRAL AVENUE SUITE 400 TAG BOLT ON FIR" HYDRANT SOUTH OF THE INTERSECTION OF ROUTE 34 4c =
AGG, AGGREGATE GRAVEL I'M FORCE MAIN PVT POINT rF VERTICAL TANGENCY O d 5.
B.A.M. BIT.AGG.MIXTURE G GROUND P PAMPMENT HIGHLAND PARK, IL. 60035 AND ROUTE 47 Oil THE EAST SIDE OF ROUTE 47 BEHIND LANDMARK
B-B BACK TO BACK GAS GAS R RADIUS
Be BUFFALO BOX G/F GRAVE AT FOUNCATION RCP REINFORCED CONCRETE PIPE PHONE: (847) 926-9999 AUTOWASH (LOT °I). W LL
BIT. BITUMINOUS CONCRETE GW GUY WIRE R.0 W. RIGHT-OF-WAY
BM BENCHMARK HOWL HEADWALL RR RAILROAD ELEVATION = 638.50 J O U
so BY OTHERS HH HANDHOUE SAN SANITARY SEWER
CB CATCH BASIN HWL HIGH WATER LEVEL SF SQUARE FOOT .J Z
CL CENTERLINE HYD. HYDRANT SHLD. SHOULDER
CM P CORRUGATED METAL PIPE INL INLET SL STREET LIGHT v \J
w CNTRL CONTROL NV. INVERT S SANITARY MANHOLE m Y
CCNC. CONCRETE IP IRON PIPE ST STORM SEWER _ O W
CY CUBIC YARD MAX. MAXIMUM STA. STATION
D DITCH ME MAILBO% SY $WARE YARDS S O Z
DA. DIAMETER MIA STORM MANHOLE TBR TO BE REMOVED
DIP DUCTILE IRON PIPE MIN. MINIMUM T TELEPHONE •U o V
DIYAA DUCTILE IRON WATER MAIN NAIL NORMAL WRIER LEVEL T/C TOP OF WRB V Z
Ki OT GRAIN TILE PC PUNT OF CURVE T/F TOP OF FOUNDATION _
u�
EE-E PCC PDINT OF COMPOJND CURVE T/P TOP OF PIPE f F E W
6 E-E EDGE TO EDGE PI PUNT OF INTERS:CTON T/W TOP OF WALK 9
ELEV. ELEVATION PL PROPERTY LINE T/WALL TOP OF WALL
E/P EDGE OF PAVEMENT PP POWER POLE T(TANS TRANSFORMER Mo D' J
v
E%. EXISTING PROP. PROPOSED VE VALVE EOX Ca)Q Q
S F-F FACE TO FACE PT PUNT OF TANGENCY W VALVE VAULT _ Z
FES FLARED ENO SECTION PVC POLYMNYL CHLU'IDE PIPE WL WATER LEVEL
F/F FINISHED FLOOR PVC PdI T OF VERTICU-CURVE WM WATER MAIN E 3 V LL
FL FLOW LINE PN PONT OF VERTICI INTERSECTION U s s
iNa. T.T.R.
E ro ENGINE NERS •^ "E"
JOINT 900 )IOODL4ND A IL 80061 c.rA.r
m LOCATrywG PH 8�7/89E /63f-0095 -zs-oM
U W f INFORMATOH FON Aw N.T.S.
EXCAVATORS
c e® 1 SHEET
8 Call 48 hours before you dig ® -15
(Ehour Sol.,Sun,k Fduep)
$ 1-800-892-0123 TDCYV 2897
B EAL
UTILITY CONTAC j$
ELECTRIC TELEPHONE: STORM/SANITARY/WATER�,
COMMONWEALTH EDISON CO. AMERITECH CITY OF YORKVILLE
2001 AUCUTT ROAD 65 WEST WEBSTER STREET 800 GAME FARM ROAD
MONTGOMERY,IL 60538 JOUET,IL 60431 YORKVILLE, IL 60560
(630)-844-6231 (815)-774-6797 (630)-553-4350
CONTACT: MIKE LEVI CONTACT: CARY BFIESE CONTACT: JOE WYNROT
G9.S: CABLE
NICOR
AT&T
1629 CHAMPLAIN ST.
993 OAK AVENUE
OTTAWA,IL 61350
AURORA, IL 60506
(615)-433-38.50 X244
(530)-897-2286
CONTACT: DOFRIS LEW15
Exhibit C - 2
------------ -- - - - -- - _ _ — _ - —_ —_ --- -
-_ _ _ � � � Pant List
SHADE+PARKWAY TREES z5^NI NIMUNI cULBER
TRIAGLNTHOS'CULTNARS' SKYLINE HONEYLOCUST
------------ 1 ____- -_________-
1 I I 19 FA FRAXINUS AMERICANA OS
WHTTEAM
_ - - 1 45 FP FRAXAIUS PENNS.'CULVNARS' GREEN ASH
' ------------
55 TI TILIA AMERIGWA REDMOND' REDMOND MIERICAN UNDEN
---- 21 AF ACER X FREIANI'CULTLVARS 61ARNI0 MAPLE
EVERGREEN TREES S'NIIN MUN1 HEIGHT
21 PP PICEA PUGENS GREEN SPRUCE
l
74 PG PIGF_A GLAUC.I DENSATA' BUIXW
HILLS SPRUCE
TI \ `J 17 PS PINU5 SYLVESTRIS SCOTCH PINE
1 1 --\ -------_--
14-sP �--J ORNAbd✓NTAL TREES 6':.UNL\NDi HEIGHT
9-VD
io a1B nLSLUS'BEVERLY BEVERLY CRABAPPLE
,
- -- — 6 M M
P ALUS'PRNRIEFFUUT PRAULIEFULE CRAB
5 111Z M ED ALUS ZUDO' R ZUNI CRAB
Tr��9 2 AP
SHRUBS 24"NIMINIUM SIZE
9-Vn -
�% 100 Cs CORNUS RACENIOSA RED DOSIER DOGWOOD
3 AF 34 EA EUONYAIUS ALATUS C06[PACTUS DWARF BUANAIGBUSH
21 PS FORSYTHIA VIRIDLSSLNA BRONXFNSIS DWARF FORSYTHIA J
/ �`� / 11-VO ., • l;/� 9 JC JUNIPERUS CHINENSIS'PFTI"LF.RLI.�IA' COMPACT PFLTZER UNIPER
/ t-PS I M RIBES.ILPIJUTI ALPINE CURRANT
10-PS / •'r -- - < 45 SB SPII I X BUNLALDA'ANTHONr ANTHONY WATERERSPIREA
i
7;j a sP seDlEn x Buncv.Dn'FROEBal.' FxoeBEL sPntirA
SM SYRINGA PATULA JBSS KIM DE55 KAO.f DWARF LILAC I16 VD VIBURNUM DENTATUAI ARROWWOOD VIBURNUM
4_ <, VO VIBURNUM OPULS COpPAC7S COMPACT VIBURNUM
5-cs / / / ' —� --- -- �j p PERENNIALS 3'POTS-1 QT.
_ V,�I, FA�_J
w•
�� / �— 4- -� P HH HFD OC-'dl S'STELLA D'ORO' YELLOW DAYLI.Y
2 HR HES(EROGILLIS'CAREY QUL\N' RED DAYLILLY
__ - -..-- -- 9 CF PENNLS TUNI AL5ACUTLOIDES ITR[CTA' FEATHER REED GRASS
3 FA PA PENNISENM ALOPECUAOmES FOUNTAIN GRASS
1 RH RUDBECKIA GOLDSIRUAT BUCK-EYED SUSAN
_ _ / ,S SS SEDUM SPEC-ME'AUTVMN JOY AUTUMN JOY STONECAOP
4.VD
All land¢ape id.nd,aal iaamJ P6vvg3 uo,m he welded.
RA
/
10-In -
2-� 6-
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8_EA ]_VD S.FP 21-PP S�MB 16-VO
11- 25-VD 19-CS 17—CS 14_SB ,�_-:. /
6-11 3 F
3-TI 6 FP
4 FP 5-FP
}.TI _ .� 5-FP
__ — TL FA 2-TI
S.FP 6 FP
7 3-FA
Lots 1 tiro 5 Final Landscape Plan =1 �=4, 1
Refer to Civil Drawings for Final Site Layout 0 30' 60' 120' North
Lptp VE LOPNQIT COORATION
841-926-9999
Yorkville Marketplace.99097- 2"1 ® ARCHITECTS + PLANNERS, INC.
6 SOUTH VAIL AVENUE ARLINGTON HEIGHTS,ILLINOIS 60005 02001 1
EXHIBIT "C-3"
N ,
41' -0"
141-611
o� FA P —R MX
10' -2 29 SQ.FT.
-EGU OR
T -3" 21 SQ.FT.
-D.�FOOD 15 SQ.FT.
- - - - - AMC
24 SQ.FT.
23'-0"
of 0(,fl
VV
92 SQ.FT.
17'-0"
8"
0
J 31 SQ.FT.
\vorkvitle\elevatton.don Feb. PT �hnt oo 5C n4
Osco
14'-s" 294 SQ.FT.
1 NR PH OTO! _
— — — 29 SQ.FT.`-�
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9 SQ.FT.
421 SQ.FT. SIGNAGE
123 SQ.FT. SIGNAGE
il
x
s
GRAPHIC SCALE
� I
(IN FEET)
I Inch= 60 ft.
MMUMFx7
85.72')
IR=
48.50'
`I,NLENi CENT[H
S 82'4 8'03^E
LINE
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3.59
1 N 82'49'(
17.22
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54,671 50.FT.
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FINAL PLAT OF SUBDIVISION
OF
YORKVILLE
MARKETPLACE
CITY OF YORKVILLE
BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH,RANGE 7
EAST OF THE THIRD PRINCIPA- MERIDIAN, IN KENDALL COUNTY,ILLINOIS.
--
-
8 R=48.50' uc
—
R -
a� 9, uEN.
N LOT 7
42,303 SO.FT.
,;O��Q 0.911 AC
2�
S 82,4,1 -ms=s
2 E 519.82'
303 OT 3.95 So FT
6.978 AC
INGRESS/EGRESS EASFVENT -
(OVER ALL OF LOT 3)
320.03'
IR=
48.50'
I �'BU(LOINC 3ETBaEx
S 82'4 8'03^E
LINE
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3.59
1 N 82'49'(
17.22
I of LOT 8
54,671 50.FT.
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FINAL PLAT OF SUBDIVISION
OF
YORKVILLE
MARKETPLACE
CITY OF YORKVILLE
BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH,RANGE 7
EAST OF THE THIRD PRINCIPA- MERIDIAN, IN KENDALL COUNTY,ILLINOIS.
--
-
8 R=48.50' uc
—
R -
a� 9, uEN.
N LOT 7
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•V ER-355.00'
RETURN TO:
CITY OF YORKMLLE
800 GAME FARM ROAD
YORKVILLE,IL 60560
SITE'
LOCATION MAP
(NOT TO SCALE)
GENERAL NOTES
1.DISTANCES ARE MARKED IN FEET AND DECIMAL PLACES THEREOF.
2.NO DIME 151011 SHALL BE ASSUMED BY SCALE MEASUREMENT HEREON.
3.THE BEARINGS ON THIS PLAT ARE NOT RELATED TO ANY SYSTEM,BUT
INDICATE PLAT ANGULAR RELATIONSHIP.
4.P.U.E.DENOTES PUBLIC UTILITY EASEMENT.
5.LOTS 6,7&8 HAVE NO DIRECT VEHICULAR ACCESS TO U.S.ROUTE NO.34.
REFERENCES
1.PLAT OF SURVEY PREPARED BY JAMES M.OLSON ASSOCIATES DATED
JANUARY 13,2000.
AREA It 19.315 ACRES (841,382 $O. FT.)
SHEET INDEX
SHEET 1 OF 2 = BOUNDARY INFORMATION&LOT DETAILS
SHEET 2 OF 2= LEGAL DESCRIPTION,CERTIFICATIONS AND NOTATIONS
OWNER:
INLAND GROUP,INC.
2901 BUTTERFIELD ROAD
OAKBROOK,ILLINOIS 60521
PHONE(630)218-8000
FAX(630)954-5673
DEVELOPER:
TUCKER DEVELOPMENT CORPORATION
513 CENTRAL AVENUE,SUITE 400
HIGHLAND PARK,ILLINOIS 60035
PHONE(647)926-9999
FAX(847)926-9996
ENGINEER:
MANHARD CONSULTING,LTD.
3050 FINLEY ROAD,SUITE 302
DOWNERS GROVE,ILLINOIS 60515
PHONE(630)515-8500
FAX(830)515-8585
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LOCATION MAP
(NOT TO SCALE)
GENERAL NOTES
1.DISTANCES ARE MARKED IN FEET AND DECIMAL PLACES THEREOF.
2.NO DIME 151011 SHALL BE ASSUMED BY SCALE MEASUREMENT HEREON.
3.THE BEARINGS ON THIS PLAT ARE NOT RELATED TO ANY SYSTEM,BUT
INDICATE PLAT ANGULAR RELATIONSHIP.
4.P.U.E.DENOTES PUBLIC UTILITY EASEMENT.
5.LOTS 6,7&8 HAVE NO DIRECT VEHICULAR ACCESS TO U.S.ROUTE NO.34.
REFERENCES
1.PLAT OF SURVEY PREPARED BY JAMES M.OLSON ASSOCIATES DATED
JANUARY 13,2000.
AREA It 19.315 ACRES (841,382 $O. FT.)
SHEET INDEX
SHEET 1 OF 2 = BOUNDARY INFORMATION&LOT DETAILS
SHEET 2 OF 2= LEGAL DESCRIPTION,CERTIFICATIONS AND NOTATIONS
OWNER:
INLAND GROUP,INC.
2901 BUTTERFIELD ROAD
OAKBROOK,ILLINOIS 60521
PHONE(630)218-8000
FAX(630)954-5673
DEVELOPER:
TUCKER DEVELOPMENT CORPORATION
513 CENTRAL AVENUE,SUITE 400
HIGHLAND PARK,ILLINOIS 60035
PHONE(647)926-9999
FAX(847)926-9996
ENGINEER:
MANHARD CONSULTING,LTD.
3050 FINLEY ROAD,SUITE 302
DOWNERS GROVE,ILLINOIS 60515
PHONE(630)515-8500
FAX(830)515-8585
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EXHIBIT "C-6"
Shops Elevation
Yorkville Marketplace 02-?01 ARCHITECTS + PLANNERS, INC.
TII�RDEYELOPMENT JOb NO.913087•P•S9087A 6 SOUTH VAIL AVENUE ARLINGTON HEIGHTS, ILLINOIS 60005 22000
CORPORATfON
847-926-9999
EXHIBIT "C-6"
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SOUTH ELEVATION
Copyright, . 2001 BY C-4urs, & Theodore Ltd,
No portion of this document y be reproduced by any
as photocopying recording,stoma ,.'.;:n. ..h
rge in a retrie—i system.6 ,tt,d
by any mean.photocopying, p!4issio n of Cam buras 1, Theodore.Ltd.
\vorkville\elevation dan Feb. 27 2001 09:53:02
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Revised February 28, 2001
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
UNITED CITY OF YORKVILLE
TDC YORKVILLE,L.L.C., a Delaware Limited Liabifily Company
DEVELOPMENTIECONOMIC INITIATIVE AGREEMENT
THIS DEVE PME T A REEMENT(this"Agreement")is made and entered into as
of the--:� ay of ,2001 by and between The United City of Yorkville,an Illinois
corporation located in Kendall County(the"City")and TDC Yorkville,L.L.C.,a Delaware Limited
Liability Company (the"Developer").
RECITALS
A. The City is an Illinois municipality and hereby enters into this Agreement pursuant
to 65 ILCS 5/8-11-20 ("Enabling Statute"); and pursuant to Section 6(a) of Article
VII of the Constitution of the State of Illinois of 1970, the City has determined that
it has the authority to enter into this Agreement.
B. The Developer intends to purchase and develop the property located south of Route
-34 and west of Route 47 and legally described in Exhibit A (the "Property") for
commercial uses ("Development Project") subject to a planned unit development
ordinance enacted by the City. Developer has demonstrated to the City's satisfaction
that the Developer has the experience and capacity to complete the Development
Project. The Developer and the City have determined that without the financial
assistance provided under this Agreement the Development Project would not be
feasible and that the Developer would not undertake the Development Project. The
Developer has expressly conditioned the undertaking of the Development Project on
the City's agreement to pledge the Sales Tax Revenues (defined later) it receives
from the Development Project to repay Developer its Reimbursable Improvements
(defined later), all as provided in this Agreement.
-1-
C. The City deems it to be of significant importance to encourage development within
the City so as to maintain a viable real estate tax and sales tax base and employment
opportunities. Accordingly, the City has made the following findings necessary
pursuant to the Enabling Statute:
1. That the Property has remained vacant for at least one year;
2. That the Development Proj ect is expected to create or retaini ob opportunities
within the municipality;
3. That the Development Project will serve to further the development of
adjacent areas;
4. That without this Agreement, the Development Project would not be
possible;
5. That the Developer meets high standards of creditworthiness and financial
strength;
6. That the Development Project will strengthen the commercial sector of the
municipality;
7. That the Development Project will enhance the tax base of the City;
8. That this Agreement is made in the best interest of the City; and
9. Pursuant to the Illinois Municipal Code, as amended("Code"), the City has
authority to enter into an economic incentive agreement relating to the
development of land within corporate limits,including an agreement to share
or rebate a portion of the retailer's occupation taxes received by the City that
are generated by the development.
D. Subject to the terms and conditions of this Agreement,the City agrees to reimburse
the Developer for its Reimbursable Improvements. In reliance upon the City's
representations and covenants contained in and subject to the terms and conditions
of this Agreement,the Developer intends to cause the Reimbursable Improvements
(as hereinafter defined)to be constructed and to enter into construction contracts and
other agreements as necessary.
E. This Agreement has been submitted to the corporate authorities of the City for
consideration and review, and the corporate authorities have given all notices and
taken all actions required to be taken prior to the execution of this Agreement to
make this Agreement effective.
-2-
NOW, THEREFORE, to maintain and revitalize business within the City by assuring
opportunities for development and attracting sound and stable commercial growth; to promote the
public interest and to enhance the tax base of the City; to induce the Developer to undertake the
Development Project;inconsideration of the Developer's agreement to undertake the Development
Project and the City's agreement to reimburse the Developer for the costs of causing the construction
of certain of the Reimbursable Improvements; and in consideration of the mutual promises,
covenants, stipulations and agreements herein contained in this Agreement,the Developer and the
City hereby agree as follows:
herein.
Incorporation of Recitals.
The recitals set forth above are incorporated hereby by this reference as if fully set forth
2. Creation of Economic Incentive Agreements.
The CITY acknowledges that an economic incentive agreement for the subject commercial
property within the Property will provide incentives for development within the Property,which will
provide sales tax benefits to the CITY. The CITY shall, upon application by DEVELOPER or its
assigns, pursuant to 65 ILCS 5/8-11-20 or any other statutory means, enact all ordinances and
execute all agreements to share or rebate a fifty percent (50%) portion of the CITY's allocated
portion of sales tax revenue as set forth herein to DEVELOPER or as assigned in writing by
DEVELOPER, pursuant to the terms provided in this paragraph of the Agreement (hereinafter
referred to as"Incentives"). For purposes of this Agreement a"commercial retail user"shall be any
user that collects sales tax as part of its operation. The commercial retailer user shall be referred to
as the"Generator".
CITY and DEVELOPER agree that the Planned Unit Development Agreement shall be
approved by the CITY simultaneously with the approval of this Agreement which shall contain the
following terms and conditions:
The CITY acknowledges that its agreement to execute this Development/Economic Initiative
Agreement is a material inducement to DEVELOPER to enter into this Agreement.
Development Incentive Reimbursement.
A. Incentives. The DEVELOPER pursuant to the terms of this Agreement shall
be repaid 100%of its Reimbursable Improvement costs(defined below)out
of 50% of sales tax generated by any "Generator" on the Property or any
additional property purchased by DEVELOPER, as evidenced by paid lien
waivers and sworn contractor affidavit submitted to the CITY. The CITY
shall include simple interest of five percent (5%) per annum on the
Reimbursable Improvement calculation for the balance of Reimbursable
Improvements incurred by DEVELOPER. Interest shall be calculated
-3-
annually and shall commence with the Certificate of Occupancy being issued
to the first anchor store(which is defined as a store having 25,000 square feet
or more) on the balance of any unpaid Reimbursable Improvements. For
example, if the first anchor opens March 1, 2002, five percent(5%) interest
will be added to the Reimbursable Improvements incurred by DEVELOPER
as of March 1, 2002. Payments shall be first applied to interest than to
Reimbursable Improvements. DEVELOPER shall be entitled to recover up
to the total amount of the Reimbursable Improvement calculation plus
interest for a period of eighteen (18) years commencing with one (1) year
from the date of execution of the Planned Unit Development Agreement and
this Development/Economic Initiative Agreement by the CITY. In the event
DEVELOPER recovers its full Reimbursable Improvements plus interest
calculation prior to that expiration time,the right to recovery shall terminate
earlier than the previous stated expiration date. In the event DEVELOPER
has not received all of its Reimbursable Improvements calculation and
interest upon said expiration date,the Agreement shall be treated as expired.
Interest shall not be compounded. These Reimbursable Improvements
include, but are not limited to, the following:
(i) Design, engineering, and construction costs of the following:
Roadway,Utility and Parkway Improvements to Landmark Avenue,
including the reconstruction of existing Landmark Avenue,
Marketplace Drive,any road improvements on Rt.34 and Rt.47,any
signalization on Marketplace Drive and Rt.34,Landmark and Rt.47,
and all work related thereto, including but not limited to,
interconnection and street lighting. DEVELOPER shall further
install at its cost and be reimbursed for the section of Marketplace
Drive extended to the southeast from Landmark Drive to intersect
with McHugh Road. The extension of Marketplace Drive to McHugh
Road shall be in accordance with the specifications attached as
Exhibit"G".
(ii) All off-site improvements including, but not limited to public
utilities,water,water drains, sanitary sewers, storm sewers, and off-
site landscaping.
(iii) Landscaping improvements in the parkway on Marketplace and
Landmark and existing Landmark.
(iv) Payment of recapture to St.Patrick's on the acreage contained in Lots
1-5 of the Final Plat of Phase I of Yorkville Market Place.
(v) The CITY shall distribute the sales tax revenue generated by any
Generator as follows:
IN
50%to the DEVELOPER, or as directed by the DEVELOPER;
50%to the CITY;
B. Sales Tax and Sales Tax Revenue Defined. The term Sales Tax used herein
refers to revenues generated by the sale of merchandise from and collected
under the Retailer's Occupation Tax, or any other"sales tax" or similar tax
that may be enacted by the State of Illinois or any governmental agency or
body created under the laws of the State of Illinois,based upon gross sales,
and located within the State of Illinois,that is collected by the Generators as
a result of business transactions occurring on the Property. In the event that
the CITY's share of said sales tax or substitute tax is reduced or increased by
the State, then the affected Generator's share thereof shall be reduced or
increased in the same proportion.
C. Payment Obligation. The CITY hereby agrees to pay DEVELOPER or its
assignee the quarterly installment payments made to the CITY by the Illinois
Department of Revenue within thirty(30)days of receipt by the CITY of the
quarterly installments,and continuing until the Reimbursable Improvements
and applicable interest are paid to the DEVELOPER as set out in this
Agreement.
(i) The"quarterly installment payment"shall mean an amount equal to
one-half(%2) of the sales tax revenue received by the CITY from the
State generated by each Generator on the Property, or any additions
to the Property. All amounts paid to the DEVELOPER will be due
and payable solely from one-half (1/2) of the sales tax revenues
received by the CITY from any Generator's sales for the preceding
calendar quarter.
(ii) However,if the CITY no longer receives sales tax revenues from the
Generator due to a change in Illinois statutes, then the CITY shall
make payments to the DEVELOPER from any alternate sources of
revenue provided to the CITY by the State, if any are made,
specifically as a replacement or substitute for sales tax revenue
presently received by the CITY.
D. Verification of Costs. Following construction of the Reimbursable
Improvements,Developer shall provide the City with final lien waivers and
sworn contractor affidavit establishing the cost of such improvements.
-5-
E. Tolling of Term. The term of eighteen(18)years shall be tolled or extended
for up to two (2) years for any delay in issuance of CITY building or
occupancy permits due to the lack of availability of sanitary sewer or
municipal water supply to the Property.
F. Sources of Funds to P4y Reimbursable Development Project Costs.
(i) Funds necessary to pay for the Incentives are to be solely derived
from the additional sales tax generated by the Generators. This
pledge of additional sales tax revenues hereby is approved by the
CITY.
(ii) In order to comply with the terms of this Agreement,DEVELOPER
shall require in writing all tenants in the Property and to any
subsequent purchasers of any portion of the Property to direct the
Illinois Department of Revenue to provide the CITY with a
breakdown of sales tax being remitted to the CITY for each
commercial retailer on-site. In the event DEVELOPER or a
commercial retailer fails to provide the CITY with written authority
for release of said information from the Illinois Department of
Revenue the CITY shall have no duty to remit sales tax proceeds
from that commercial retailer to the DEVELOPER.
4. Assignability.
It is expressly agreed and understood by the parties to this Agreement that the benefits
contemplated in the Development/Economic Initiative Agreement and pursuant to 65 ILCS 5/8-11-
20 are assignable at the option of the DEVELOPER. Upon such written assignment by the
DEVELOPER, Generator shall have all rights currently vested in the DEVELOPER under the
Development Agreements,this Ordinance and applicable law,and shall be entitled to enforce same
by any legal or equitable remedy. If any Lot is sold by the DEVELOPER,DEVELOPER shall be
entitled to continue to receive payments for Reimbursable Improvements pursuant to the
Development/Economic Initiative Agreement unless specifically assigned by the DEVELOPER
5. Reimbursement Procedures.
A. Sales Tax Reports. Developer agrees to cause all Generators to execute and
deliver to the City a written direction, in form and content acceptable to the
City and the Illinois Department of Revenue("DOR"), authorizing the DOR
to release to the City the sales tax figures for the Generator, on a quarterly
basis and during the term of this Agreement. The City agrees to take the
necessary action to initiate the transaction. Should the DOR cease to release
the sales tax information to the City on a quarterly basis, Developer and all
0
Generators shall be responsible for any further action to obtain the sales tax
information from the DOR or shall be responsible for submittal of the sales
tax information from the DOR or shall be responsible for submittal of the
sales tax information as provided for in the next paragraph of this Agreement.
In the event the DOR fails to submit to the City the quarterly sales tax
information for any Generator as provided for in Section A above,Developer
shall cause Generators to, contemporaneous with the filing of sales tax
reports with the Illinois Department of Revenue or successor agency,furnish
to the City copies of any and all sales tax returns, sales tax reports,
amendments, or any other paper filed with the State of Illinois, said
Department of Revenue or other appropriate governmental entity,pertaining
to the Generators, and certified as being true and correct, which documents
are being provided to the City for purposes of identifying sales tax revenues
collected pursuant to this Agreement.
B. Confidentiality. The City acknowledges and agrees that information to be
provided by Generators hereunder are proprietary and valuable information
and that any disclosure or unauthorized use thereof will cause irreparable
harm to Developer and/or Developer's affiliates and/or Generator and/or
Generator's affiliates, and to the extent permitted by state of federal law,
including but not limited to Section 7(1)(g) of the Illinois Freedom of
Information Act, the City agrees to hold in confidence all sales figures and
other information provided by Developer or Generators or obtained from
Developers' or Generators' records in connection with this Agreement, and
in connection therewith,the City shall not copy any such information except
as necessary for dissemination to the City's agents or employees as permitted
hereinafter. The City shall be permitted to disclose such information (i) to
its agents or employees who are reasonably deemed by the City to have a
need to know such information for purposes of this Agreement; provided,
that such agents and employees shall hold in confidence such information to
the extent required of the City hereunder or(ii)to the extent required by order
of court or by state of federal law. The confidentiality requirements of this
Agreement shall survive any expiration, termination or cancellation of this
Agreement and shall continue to bind the City, its successors, assigns and
legal representatives for a period of five (5) years from the termination,
expiration or cancellation of this Agreement. All Generators shall be treated
as third party beneficiaries to this Confidentiality provision.
6. Audit.
Each payment by the City to Developer shall be accompanied by a statement executed by the
City Treasurer or the Treasurer's designee, setting forth the calculations of such payment and
identifying the sales tax return period to which the payment relates. The City Treasurer or the
-7-
Treasurer's designee shall further issue a statement setting forth all payments made to date to
Developer. Developer shall have one(1)year following the receipt of said payment to contest any
of the calculations or information contained in said statements. Developer shall have the right to
review all sales tax reports provided to the City by the state relating to any Generator upon two days
written request by Developer.
7. Default/Right to Cure.
No party shall be deemed in default hereunder until such Party has failed to cure the alleged
default with ten(10)days in the case of a monetary default,or within thirty(3 0)days in the case of
a non-monetary default, from notice of such default from the other Party;provided,however,if the
nature of such non-monetary default is such that it cannot reasonably be cured within such thirty(30)
days period, then such Party shall not be deemed in default if such Party commences to cure such
default within such thirty (30) day period and thereafter diligently prosecutes such cure to
completion.
In the event of a default and except as may be otherwise provided herein to the contrary,the
non-defaulting party may: (i)terminate this Agreement upon written notice to the defaulting party,
recover from the defaulting party all damages incurred by the non-defaulting party; (ii) except as
may be otherwise expressly provided to the contrary herein, seek specific performance of this
Agreement, and, in addition,recover all damages incurred by the non-defaulting party; (the parties
declare it to be their intent that this Agreement may be specifically enforced); (iii)pursue all other
remedies available at law,it being the intent of the parties that remedies be cumulative and liberally
enforced so as to adequately and completely compensate the non-defaulting party.
No Obligation to Develop, Open or Operate.
Nothing contained in this Agreement shall be deemed to obligate Developer, Generator or
any of Generator's affiliates to construct any improvements on the Property or to open or operate
any form of business in the Property for any period of time or at all.
9. Additional Covenants.
A. Time. Time is of the essence unless otherwise stated in this Agreement and
all time limits set forth are mandatory and cannot be waived except by a
lawfully authorized and executed written waiver by the party excusing such
timely performance.
B. Binding Effect. This Agreement shall be construed and enforced in
accordance with the laws of the State of Illinois.
C. Severability. If any provision of this Agreement is held invalid by a court of
competent jurisdiction or in the event such a court shall determine that the
City does not have the power to perform any such provision, such provision
shall be deemed to be excised herefrom and the invalidity thereof shall not
affect any of the other provisions contained herein.
D. Notices. All notices and requests required pursuant to this Agreement shall
be sent by certified mail as follows:
To Developer: TDC Yorkville, L.L.C.,
a Delaware Limited Liability Company
Mr. Richard Tucker, President
Tucker Development
513 Central Avenue, Suite 400
Highland Park, IL 60035
With copies to: Tracy D. Kasson
Rathje, Woodward, Dyer&Burt
300 E. Roosevelt Rd., Suite 300
Wheaton, IL 60187
To the City: United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
With copies to: Mr. Daniel J. Kramer
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, IL 60560
E. Authority to Execute. The signatories of the parties hereto warrant that they
have been lawfully authorized by the City Council of the City and the Board
of Directors of Developer, to execute this Agreement on their behalf.
F. Attorneys' Fees. If a party commences a legal proceeding to enforce any of
the terms of this Agreement,the prevailing party in such action shall have the
right to recover reasonable attorneys' fees and costs from the other Party to
be fixed by the court in the same action.
G. Relationship of the Parties. Nothing herein shall be deemed or construed by
the Parties or by any third party as creating the relationship of principal and
agent or of partnership of or joint venture between the Parties, it being
understood and agreed that no provision herein, nor any acts of the parties,
shall be deemed to create any relationship between the parties.
RI
H. Remedies Not Exclusive. Except as may be otherwise expressly provided
herein,the various rights and remedies herein contained and reserved to each
of the parties, except as herein otherwise expressly provided, are not
exclusive of any other right or remedy of such party, but are cumulative and
in addition to every other remedy now or hereafter existing at taw, in equity
or by statute. No delay or omission of the right to exercise any power or
remedy by either party shall impair any such right, power or remedy or be
construed as a waiver of any default or non-performance or as acquiescence
therein.
I. Effective Date. This Agreement shall not become effective unless and until
the Developer acquires the Property from the current owner of the Property.
IN WITNESS WHEREOF,this Agreement is entered into at Yorkville,Illinois,as of the date
and year shown above.
UNITED CITY OF YORKVILLE,
an Illinois Municipal Corporation,
,WPM,,�o 2
KAM 16-
FAI
41-
Its:
Attest:
Date: /
TDC YORKVILLE, L.L.C.,
a Delaware Limited Liability Company
By: Tuck Vtslopment Co r o , Manager
By:
R d H. Tucker
Its: President
Attest:
Date:
-10-
EXHIBIT"A"
LOTS 1 THROUGH 9 LEGAL DESCRIPTION
THAT PART OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION
OF THE CENTER LINE OF U.S. ROUTE NO. 34 WITH THE EAST LINE OF LOT 1, AEGEAN
ISLE ESTATES, KENDALL COUNTY, ILLINOIS, UNIT 1, EXTENDED; THENCE SOUTH
07°10'48" WEST ALONG THE EXTENDED EAST LINE OF SAID LOT 1, A DISTANCE OF 50.00
FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. ROUTE NO. 34
CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, DEPARTMENT OF
TRANSPORTATION BY DEED RECORDED JULY 29, 1974 AS DOCUMENT 74-3616, ALSO
BEING THE PLACE OF BEGINNING; THENCE SOUTH 82°49'12" EAST ALONG SAID
SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 250.21 FEET TO A POINT OF
CURVATURE; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A
RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 07 010'48"WEST, A DISTANCE OF 419.96 FEET TO A POINT OF
CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A
RADIUS OF 435.00 FEET, AN ARC DISTANCE OF 289.84 FEET TO A POINT OF REVERSE
CURVATURE; THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 25.00 FEET, AN ARC DISTANCE OF 36.05 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 51'37'35"WEST, A DISTANCE OF 99.10 FEET TO A POINT OF
CURVATURE; THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A
RADIUS OF 355.00 FEET, AN ARC DISTANCE OF 306.58 FEET TO A POINT OF TANGENCY;
THENCE NORTH 78°53'33" WEST, A DISTANCE OF 765.15 FEET TO THE EAST LINE OF
LANDMARK CENTER, YORKVILLE, KENDALL COUNTY, ILLINOIS; THENCE NORTH
11°10'23" EAST ALONG SAID EAST LINE, A DISTANCE OF 295.61 FEET TO THE
NORTHEAST CORNER THEREOF; THENCE NORTH 05°42'01" EAST ALONG THE EAST
LINE OF A TRACT OF LAND CONVEYED TO KYLE A. AND MARTHA PRICE BY A
WARRANTY DEED RECORDED NOVEMBER 30, 1981 AS DOCUMENT NO. 81-4458 AND BY
A WARRANTY DEED RECORDED APRIL 2, 1982 AS DOCUMENT NO. 82-1128, A DISTANCE
OF 275.05 FEET TO THE NORTHEAST CORNER OF SAID PRICE TRACT; THENCE NORTH
81'15'18" EAST, A DISTANCE OF 62.75 FEET TO A POINT WHICH IS 399.48 FEET (400.00
FEET DEED) NORMALLY DISTANT, SOUTHERLY OF THE CENTER LINE OF U.S. ROUTE
NO. 34 AND ON A LINE DRAWN PERPENDICULAR TO SAID CENTER LINE, FOR A POINT
WHICH IS 385.72 FEET EASTERLY OF THE INTERSECTION OF THE EASTERLY RIGHT-OF-
WAY LINE OF ILLINOIS STATE ROUTE 47 WITH THE TANGENT CENTER LINE OF SAID U.S.
ROUTE NO. 34 EXTENDED FROM THE EAST; THENCE NORTH 07°10'48" EAST ALONG
SAID PERPENDICULAR LINE, A DISTANCE OF 339.48 FEET TO THE SOUTH LINE OF SAID
U.S. ROUTE NO. 34 CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION
BY WARRANTY DEED 74-447; THENCE EASTERLY ALONG SAID SOUTH LINE FOR THE
FOLLOWING 2 COURSES: 1) SOUTH 82°49'12" EAST, A DISTANCE OF 320.03 FEET; 2)
SOUTH 85°22'02" EAST, A DISTANCE OF 199.99 FEET TO A LINE DRAWN PARALLEL WITH
AND 25.00 FEET WESTERLY OF THE WEST LINE OF LOT 1 OF AEGEAN ISLE ESTATES,
KENDALL COUNTY, ILLINOIS UNIT 1; THENCE SOUTH 07 010'48" WEST ALONG SAID
PARALLEL LINE, A DISTANCE OF 348.89 FEET TO THE SOUTHERLY LINE OF SAID LOT 1
EXTENDED FROM THE EAST; THENCE SOUTH 82 049'12" EAST ALONG SAID EXTENDED
SOUTHERLY LINE AND SAID SOUTH LINE, A DISTANCE OF 155.00 FEET TO THE
SOUTHEAST CORNER OF SAID LOT 1; THENCE NORTH 07°10'48" EAST ALONG THE EAST
LINE OF SAID LOT 1, A DISTANCE OF 350.00 FEET TO THE PLACE OF BEGINNING IN THE
CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. CONTAINING 19.315 ACRES OF LAND
MORE OR LESS.
EXHIBIT "F"
(Letterhead of a Bank, Savings and Loan or Mortgage House)
- - 19—
Mayor and Mdenmen
City of Yorkville
111 W. Fox St., Suite 3
Yorkville, IL 60560
Re: Subdivision Name
Letter of Credit No.
For Account of
Amount
Date
Gentlemen:
The undersigned by . its' duly
(name of financial institution) (name& title)
authorized agent„ hereby establishes and issues this Irrevocable Letter of Credit in favor of the City
of Yorkville in the amount of I , which represents 110% of the cost of t�e
improvements described herein. Such credit is available to be drawn upon by said City upon
presentation to this bank of your demand for payment accompanies by a copy of this Letter of Credit.
This Letter of Credit is issued for the purpose of securing and paying for the installation of the
following public improvements in the aforesaid subdivision:
DIVISION "A" - SANITARY SEWERS
(engineer's estimate= )
DIVISION "B" - WATER MAIN
(engineer's estimate= )
DIVISION "C" - STORM SEWERS
(engineer's estimate= 1
DIVISION "D" - STREETS
(engineer's estimate= )
DIVISION "E" -DETENTION BASIN
(engineer's estimate=
PA4910?i "P,
Total engineer's estimate=
The costs of the foregoing improvements are detailed in the attached Engineer's Cost Estimate.
O. FEEI.20.2001 9:09AN CITY OF YORKVILLD22 I NO. 127 P.3i10
P
The development is legally described as follows:
See Attached Exhibit "A"
Said public improvements shall be constructed by our customer, in
(subdivider).
accordance with the plans, specifications, completion schedules and cost estimates prepared by
(subdivider's engineer)
The undersigned agrees that this Irrevocable Letter of Credit shall r6ain in full force and effect ad
pertain to any and all amendments or modifications which may be made from time to time to t e
plans, specifications and cost estimated for said modifications.
This Irrevocable Letter of Credit shall expire on , 19 . provided, however, 6e
undersigned shall notify the City Clerk by certified or registered mail,return receipt requested, at le4st
ninety(90)days prior to said expiration date,that said Letter of Credit is about to expire. In no event
shall this Irrevocable Letter of Credit or the obligations contained herein expire except upon said pribr
written notice, it being expressly agreed by the undersigned that the above expiration date shall �e
extended as required to comply with this notice provision.
This Irrevocable Letter of Credit shall remain in effect until , 19._, without regard to
(expiration date)
any default in payment of money owed to the issuer by our customer and without regard to other
claims which the Issuer may have against our customer,and in no event shall terminate without notice
as specified above.
This Letter of Credit may be renewed by the Issuer or our customer prior to the above expiration djte
by submitting a new Letter of Credit to the same form and substance as this Letter of Credit to tie
City Clerk in an amount equal to 110% of the estimated cost to complete and pay for the above
described improvements.
It is agreed that the following shall be considered a default by our customer and shall entitle the City
to make demand on this Letter of Credit:
1, that said Letter of Credit will expire within thirty(30)'days and has not been renewed;
or
2. that the aforesaid improvements have not been completed by the subdivider at legst
thirty (30) days prior to the aforesaid expiration date; pr
3. that the owner and/or subdivider has failed to eomplet� or carry on the work of the
installation and construction of the required improvements in accordance with the
schedule, or at a faster pace if the installation of the private improvements shall b�
completed before public improvements to service them are available; or
4. that the City of Yorkville has determined that the owner and/or subdivider has
demonstrated that they will be unable to complete the improvement; or
.. 5. that the City of Yorkville has determined that the public improvements or other
' improvements covered by this commitment have been or are likely to be the subjCJct
of liens or other claims by contractors, subcontractors or third parties; or
6. that if more funds are disbursed at this time on order of the owner and/or subdivider
insufficient funds will remain irrevocably committed to guarantee the completion
of all improvements, and such certification indicates that the owner and/or subdivider
has been notified that the municipality finds that a breach of the owner's and/or
subdivider's obligations has occurred and has not been cured within a period of
thirty (30) days.
The Issuer's obligation to the City is based solely on this Irrevocable Letter of Credit engagemePt
between this financial institution and the City and is not subject to instructions from our customer.
It is recognized that the City has directed our customer to proceed with the construction of public
improvements upon the guarantee of this irrevocable commitment. It is further acknowledged that
the consideration for this irrevocable commitment is provided by agreements between this financial
institution and our customer.
This Irrevocable Letter of Credit sets forth in M the terms of this undertaking between the Issuer
and the City, and such undertaking shall not in any way be modified, amended, amplified, nor shall
it be limited by reference to any documents,instrument or agreement referred to herein, and any such
reference shall not be deemed to incorporate herein by reference any document, instrument pr
agreement.
Demands on this Letter of Credit shall be made by presenting the Issuer with a letter from the City
Clerk of the City of Yorkville demanding payment accompanied by the certificate of the City Clerk
of the City of Yorkville certifying the basis for the default and demand on this Letter of Credit.
The undersigned agrees that this Letter of Credit shall not be reduced or discharged except up n
receipt of a certificate of the City Clerk of the City of Yorkville certifying that this Letter of Credit
may be reduced. The outstanding balance of this Letter of Credit shall be the face amount of this
Letter of Credit less any amount which is discharged upon certificate of the City Clerk; Providod
however, the outstanding balance of this Letter of Credit shall not be reduced to less than 25% of the
approved engineer's estimate upon which this Letter of Credit is based until the City Council accepts
the aforementioned improvements and a certificate of the City Clerk certifying that the Letter pf
Credit has been released by the City Council of the City.
All acts, requirements and otl►er preconditions for the issuance of this Irrevocable Letter of Credit
have been completed,
The undersigned further agrees and engages that it will be responsible and liable for attorney fees arld
court costs which may be incurred by the City in enforcing collection of this Letter of Credit in
accordance with its'terms.
i
We hereby engage with you that all demands for payment in conformity with Ahe terms of t4is
Irrevocable Letter of Credit will be duly honored on presentation to us prior to'expiration of tZus
Letter of Credit.
I:
Name:
Title:
STATE Or ILLINOIS)
) SS
COUNTY OF )
ATTEST:
Name:
Title:
1
I
l; the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify Oat
_personally known to me to be the of the
(title)
and personally known to me to be the
(name of institution) (title)
of said institution, and who are personally known to me to be the same persons whose names are
subscribed to the foregoing Letter of Credit as such and --
(title) (title)
respectively, and caused the corporate seal of said to affixed thereto
(name of institution) be a
pursuant to authority given by the Board of Directors tliereof as their free and voluntary acts and has
the free and voluntary act and deed of said institution.
Given under my hand and official seal this day of 19_•
SEAL
Notary Public
FEE.20.2001 9: 10AM CITY OF YORKVILLD22 flu. lc-( 1 '.tj� IL
IRREVOCABLEPUBLIC T1btPROVEMIJNT BOND
Bond No.
KNOW ALL MEN BY THESE PRESENTS,_ � as
PRINCIPAL, a corporation organized and existing under the laws of the State of
. and authorized to do business in the State of Illinois, and
organized and existing under the laws of the State of
as SURETY, a corporation
and authorized to
transact business in the State of Illinois, are held and firmly bound unto the UNITED
CITY OF YORI{VILLE, Illinois, a municipal corporation, as OBLIGEE, its successors
and assigns in the sum of
($ )Dollars, lawful money of the United States for the payment of
which to be made to the OBLIGEE, its successors and assigns. Said PRINCIPAL and
SURETY, hereby firmly bind ourselves, our heirs, administrators, executors, successors,
and assigns, jointly and severally, by this Irrevocable Bond. This Irrevocable Bond is
issued for the supply, installation and construction of all subdivision improvements
regarding the Subdivision, in
accordance with applicable UNITED CITY OF YORKVILLE ordinances, and plans and
specifications and the Development Agreement and/or Annexation Agreement for
Subdivision, as approved by the UNITED CITY OF
YORKVILLE, and as may be amended or modified from time to time by agreement of
PRINCIPAL AND OBLIGEE, including the following improvements-
FED-20-2001 9: I0RN CITY OF YORKVILLD22
flu. ILI, F'. I / 1�I
DIVISION"A!'— SANITARY SEWERS
(Engineers estimate= $
)
DIVISION"B"—WATERMAIN
(Engineers estimate= $
)
DIVISION"C"— STORM SEWERS
(Engineers estimate= $
)
DIVISION"D"— STREETS
(Engineers estimate= $
)
DIVISION"E"—DETENTION BASIN
(Engineers estimate= $
)
-i�F�®1^3�F'a-�-h4i-S�BLL�fidEO�}9-Ild'H'I�6�M£"�
�riP�tit@ef'9'e9t1
Total engineers estimate= $
The PRINCIPAL has agreed to pay all expenses incurred by the OBLIGEE for
engineering, .legal fees and other expenses in connection with the making of such
improvement(s); and that in the event of a default declared by the OBLIGEE, the
OBLIGEE shall have the authority to complete the work required, at the expense of the
PRINCIPAL and SURETY.
The condition of this obligation is such that if the OBLIGEE accepts the aforesaid
improvements by action of the Yorkville City Council, and the said PRINCIPAL posts
acceptable surety guaranteeing maintenance of the improvements for one (1) year, then
this obligation shall be null and void, otherwise it shall remain in full force and effect.
The SURETY wi11, upon written declaration of default by the OBLIGEE to the
PRINCIPAL and SURETY, at the option of the OBLIGI✓E, complete the
improvement(s), pay to the OBLIGEE or the PRINCIPAL such amounts up the principal
amount of this Irrevocable Bond, which will allow the OBLIGEE• or the PRINCIPAL to
complete the improvements, or pay the person designated by the OBLIGEE who has
2
FEE. J.��J�1 9 1�lAfi CI1Y OF YONKVILLD22 f1u. l�r f'.t� li-i
completed the improvements. Failure of SURETY to honor the OBLIGEE'S demand of
either payment or performance within fifteen(15)business days shall constitute dishonor.
It is agreed that any one or more of the following exclusive list of circumstances
shall constitute a default by the PRINCIPAL, and shall entitle the OBLIGEE to make
demand on this Irrevocable Bond.
1. That the PRINCIPAL has failed to satisfactorily complete or carry on the
work, installation and construction of the required improvement(s), as
scheduled or at a faster pace; or
2. That the PRINCIPAL has demonstrated that it will be unable to complete the
improvements; or
3. That the improvement(s) have been or are likely to be the subject of liens or
other claims by contractors, subcontractors or third parties.
This Irrevocable Bond sets forth in full the terms of the undertaking between
the SURETY and OBLIGEE, and such undertaking shall not in any way be
modified, amended, amplified or limited by reference of any document,
instrument or agreement referred to herein. Any such reference shall not be
deemed to incorporate said document or agreement into this Irrevocable Bond, but
is made for the purpose of identifying the items and costs of completion. The
obligations of SURETY under the Irrevocable Bond are not dependent upon the
financial solvency of the PRINCIPAL and as such shall continue even if the
PRINCIPAL has filed bankruptcy.
3
This Irrevocable Bond shall remain in full force and effect and shall not be
discharged or reduced until release is granted in writing by certification of the
City Clerk and OBLIGEE'S acceptance of all of the improvements secured by
this Irrevocable Bond.
This Irrevocable Bond may be substituted by the PRINCIPAL and
SURETY prior to the completion of all the aforementioned improvement(s) by
submitting a new Irrevocable Bond in the same form and substance as this
Irrevocable Bond to the City Clerk in an amount equal to one hundred and ten
percent (110%) of the estimated cost to complete and pay for all the remaining
above described improvements, certified as remaining by OBLIGEE. Any
renewal, replacement or amendment of this Irrevocable Bond shall clearly state
the then current total balance as well as the amount applicable to each of the
estimates for public improvements which are the subject of this Irrevocable Bond.
The SURETY further agrees and commits to pay the OBLIGEE six
percent (6%) prejudgment interest and consequential damages, including all of its
costs and attorney's fees reasonably incurred in the enforcement of this
Irrevocable Bond if wrongfully dishonored by SURETY.
4
FEE.2��.2��k11 9: 11At1 CITY OF YORKVILLD22 NO. 127
IN WITNESS WHEREOF, we have set our hands and seals this
day of , 199 ,
By:
PRINCIPAL
OBLIGEE
JAMES A. NANNINGA
City Administrator, United City of Yorkville
5
SURETY
EXHIBIT "G"
Marketplace Extended Improvements
and Existing Landmark Improvements
SCOPE OF WORK
Marketplace Drive extended from Landmark Avenue to McHugh.
The developer's responsibility will consist of preparing plans and construction work with
a scope to include stripping the topsoil, grading and compacting the existing soil, and
constructing a 24-foot wide roadway consisting of geotechnical fabric at subgrade, 12
inches of aggregate base course, 2.5 inches of bit. binder course, and 1.5 inches of bit.
surface course. Fabric shall extend a minimum of 1 foot beyond the edge of pavement.
On either side of the 24-foot section a 5-foot wide aggregate shoulder approximately 6
inches in depth will be constructed. This typical cross-section will run throughout the
entire length of the Marketplace Drive extension. In all other respects, construction of the
pavement shall comply with city standards.
The city shall not unreasonably withhold approval of the plans.
— Grades and geometry of the new roadway will be adjusted in order to tie-in with existing
McHugh Road and Marketplace Drive at Landmark Avenue.
Drainage improvements will be constructed to prevent water from ponding on the road.
Design will be limited to drainage swales in the right-of-way only. If necessary, at a
section of the road, a culvert pipe will be installed underneath the road.
— Any other improvement associated with this road, such as offsite drainage, roadway
lighting, striping, and signage, right-of-way landscaping, etc., will be the responsibility of
the City of Yorkville.
SCOPE OF WORK
Existing Landmark Avenue from Route 47 to the newly proposed Landmark Avenue.
The road cross-section will be extended to a 3-lane section or per IDOT requirements.
Other than as described in this exhibit, design and construction of the roadway will
comply with city standards.
Cores will be taken on existing Landmark to determine the existing pavement structure.
If the existing aggregate base course is of the proper material, gradation, and remains free
from debris and/or dirt during construction, it may be left in place or re-used elsewhere
by the developer. Geotechnical fabric will not be required to be placed beneath the
existing stone if it is left in place. Some or all of the existing asphalt surface course may
be left in place to supplement the existing aggregate if the existing aggregate thickness is
insufficient.
— The existing curb drains, if they are kept in service, will be connected in to the
developer's proposed storm system on newly proposed Landmark Avenue.
Landscaping on the south side parkway will be completed by the motel developer.
— In the south side parkway, sidewalk will be extended west to the proposed motel
driveway. An 8-inch watermain from proposed Landmark Avenue will be extended to
Route 47.
— In the north side parkway, parkway improvements will be limited to additional topsoil,
grading, seeding/mulch and driveway replacement as necessary.
— Design and construction of improvements shall be coordinated with the Best Western
motel development. Temporary access to the carwash shall be maintained during
construction.