Ordinance 2006-101 200600036302
Filed for Record in
STATE OF ILLINOIS ) KEHDALL COUHTYP ILL_IHOIS
PAUL AHDER60H
ss 11 -07 -2106 At 01:48 am.
1 COUNTY OF KENDALL ) ORDINANCE 113.00
RHSF Surcharge 10.00
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ORDINANCE NO. 2006- l l�
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AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(O'Keefe Property)
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WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
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WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
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WHEREAS, the property is presently contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
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Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JAMES BOCK JOSEPH BESCO
VALERIE BURD PAUL JAMES t ,
DEAN WOLFER MARTY MUNNS
ROSE SPEARS � JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006.
MAYO
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this 1l-, day of , A.D. 2006.
ATTEST: � II
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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09/20/06
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ANNEXATION AGREEMENT
(O'Keefe Subdivision)
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THIS ANNEXATION AGREEMENT ( "Agreement "), is made and entered into as of
this day of 6EP7E'nff-,e, 2006, by and between The Betty O'Keefe Family
Limited Partnership, an Illinois Limited Partnership, owner of approximately 140.9
acres of property located east of Illinois Route 47, and south of Galena Road, in Bristol
Township, Kendall County, Illinois. Permanent Index Number 02 -09- 100 -003.
(hereinafter referred to as "OWNER "), the Lundmark Group, LLC, an Illinois
limited liability company, as contract purchaser and developer of lots 2 & 3 which lots
are legally described in Exhibit "D ", (hereinafter referred to as Developer), and the
UNITED CITY OF YORKVILLE, a municipal corporation organized and existing
under and by virtue of the laws of the State of Illinois (hereinafter referred to as
"CITY ") by and through its Mayor and Aldermen ( "Corporate Authorities "). OWNER
and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a
"Party" and collectively as the "Parties ".
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RECITALS:
A. OWNER is the owner of record of certain parcels of real estate legally described
and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as
"SUBJECT PROPERTY ").
B. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the
purposes of developing a water park along with other permitted B -3 Service Business Zoning
District uses, as limited in Exhibit "F" of this Agreement.
C. OWNER and DEVELOPER desire to proceed with the development of a water
park facility along with various other commercial and office uses in accordance with the terms
and provisions of this Agreement.
D. OWNER and DEVELOPER propose that the SUBJECT PROPERTY be zoned
under the B -3 Service Business District provisions of the City Zoning Ordinance ( "Zoning
Ordinance ") as depicted on the Legal Descriptions of Zoning Parcels attached hereto and
incorporated herein as Exhibit `B ", for a water park facility and other commercial uses within
the B -3 Service Business District as limited in Exhibit "F" of this Agreement
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning on July 26, 2006. The Plan
Commission concluded their deliberations on this case at their July 26, 2006 meeting. City
Council conducted the public hearing on the annexation agreement on August 22, 2006.
F. The CITY, OWNER, and DEVELOPER have given all appropriate notices due to
be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code.
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G. The Corporate Authorities, after due and careful consideration, have concluded
that the execution of this Annexation Agreement subject to the terms and provisions of this
Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as
provided for herein, will inure to the benefit and improvement of the CITY in that it will increase
the taxable value of the real property within its corporate limits, promote the sound planning and
development of the CITY and will otherwise enhance and promote the general welfare of the
people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNER,
DEVELOPER, and the CITY to annex and develop the SUBJECT
PROPERTY described in the Attached Exhibit "A" as a B -3 Service
Business District allowing for a water park facility identified as
commercial recreation park within the B -3 Service Business District as
well as all other permitted commercial uses, except as limited by Exhibit
"F" of this Agreement in conformance with the United City of Yorkville's
Comprehensive Plan.
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNER and DEVELOPER, to provide for
specific performance standards in the development of the SUBJECT
PROPERTY.
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(iii) Each party agrees that it is in the best interest of the OWNER,
DEVELOPER, and the CITY that the SUBJECT PROPERTY be
developed in an orderly and efficient fashion.
(iv) Each party agrees that a substantial impact will be placed on the services
of the United City of Yorkville and other governmental agencies by
development of said real property.
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(v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of
the CITY.
I. It is the desire of the Parties that the development and use of the SUBJECT
PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of
this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY
now in force and effect, except as otherwise provided in this Agreement.
J. The OWNER, DEVELOPER, and their representatives have discussed the
proposed annexation and have had public hearings with the Plan Commission and the City
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement. The
Parties hereto further agree to supplement this Agreement with the Petition for Zoning and
Annexation, and drawings submitted therewith, to be approved by the City Council upon the
following terms and conditions and in consideration of the various agreements made between the
parties:
1 LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to
and in accordance with the provisions of the CITY ordinances, as amended from time to time
and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution.
Furthermore, the preceding recitals of this Agreement are incorporated herein as if they were
written in full at this place in the Agreement.
2. ANNEXATION AND ZONING. As soon as reasonably practicable following
the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may
be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the B -3
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Service Business District provisions of the CITY Zoning Ordinance. The Zoning Map of the
CITY shall thereupon be modified to reflect the classification of the SUBJECT PROPERTY as
aforesaid. It is further understood and agreed to by the Parties that a water park facility as well
as any and all customary uses and structures are permitted uses within said B -3 Service Business
District as limited by Exhibit "F" of this Agreement.
The Interim use set forth below shall be permitted anywhere on the SUBJECT
PROPERTY during the term of this Agreement:
a. All types of crop farming.
The interim uses set forth below shall be permitted anywhere on the SUBJECT
PROPERTY if they are directly related to the development of the SUBJECT PROPERTY or the
development of the Raymond Regional Storm Water Facility:
a. Borrow -Pits.
b. Stock - piling of dirt and sale and removal of topsoil
c. Temporary storm water management (pursuant to Section 4 of this
Agreement)
d. Dewatering activities
Said interim uses shall be allowed only for activities taking place on the
SUBJECT PROPERTY and not for any other off -site activities not related to the development of
the SUBJECT PROPERTY
OWNER and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in
accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to
follow all of the policies and procedures of the CITY in connection with such development
except as modified in this Agreement.
3. FUTURE FINAL PLATS AND FINAL ENGINEERING The CITY
recognizes the development of the SUBJECT PROPERTY may occur in stages or units over a
period of time. Accordingly, the CITY grants permission to OWNER and DEVELOPER to
stage the development on their respective parcels over a period of twenty (20) years and to
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submit separate final plats and final engineering for approval of each phase. The CITY shall act
upon any final plat and final engineering submittal within a reasonable amount of time of it's
receipt of such final plat or final engineering. The plat review and consideration by the CITY
shall not exceed the limitations set out in 65 ILCS 5/11 -12 -8 (2002). The CITY shall not
require engineering to be submitted for any phase of the SUBJECT PROPERTY that is not
within the particular final plat for a parcel, phase, or unit being submitted for approval by
OWNER and DEVELOPER. However, the CITY may require engineering for infrastructure on
or off -site that the CITY determines is required to serve the parcel, phase, or unit under
consideration.
4. MODIFICATIONS OF LOCAL CODES The specific modifications and
deviations from the CITY'S ordinances, rules, and codes contained herein have been requested,
approved and are permitted with respect to the development, construction, and use of the
SUBJECT PROPERTY. ( "Permitted Modifications ").
(A) If OWNER and DEVELOPER choose to provide temporary on -site storm water
management then OWNER and DEVELOPER shall be granted approval by the CITY to utilize a
maximum of six (6) feet of bounce in any storm water management areas located upon the
SUBJECT PROPERTY.
(B) In addition to the signs allowed under the CITY Zoning Ordinance OWNER and
DEVELOPER shall be allowed one illuminated permanent sign up to one hundred (100) square
feet in area on each lot advertising the water park facility, and other commercial areas located on
the SUBJECT PROPERTY.
(C) The CITY shall allow the DEVELOPER to construct the water slides to a
maximum height of one - hundred (100) feet on lot #3 which lot is depicted in Exhibit "C ".
(D) Upon the opening of the water park facility DEVELOPER shall be allowed to
provide over -flow parking for the water park facility on lot 2 and a portion of lot 3 if the need
arises, and CITY also agrees to allow DEVELOPER to utilize lots 2 & 3 as grass parking lots
until the water park facility has been operational for two (2) operating seasons, at which the time
CITY will evaluate the need for additional paved areas to provide additional parking. The CITY
shall base it's determination of the need for additional paved areas upon Lots 2 & 3 through an
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analysis of the daily attendance at the water park facility and utilization of the grass parking lots
during the preceding two year period. Grass parking lots shall be designed, subject to CITY
approval, to adequately drain and include a minimum 2% grade, no more that 6 inches of topsoil,
and include established turf prior to any parking activity. Parking activities on said grass lots
areas shall be managed by the DEVELOPER to ensure general public safety and include proper
aisle spacing between vehicles to enable emergency access.
(E) Upon satisfaction of all other CITY ordinances the CITY shall grant occupancy
and operation permits of the water park facility once temporary intersection improvements are
operational, and upon Illinois Department of Transportation approval.
(F) If the Raymond Regional Storm -Water Facility (hereinafter referred to as "Raymond
Facility") is not operational at the time of completion of the water park facility the CITY shall
allow DEVELOPER to utilize interim storm water management areas upon lots 2 & 3 at a
location and in a manner as approved by the CITY engineer. If the DEVELOPER utilizes
interim storm water management upon lots 2 & 3 then DEVELOPER shall not be required to buy
into the Raymond Facility until they utilize said facility. In the event that Lots 2 & 3 are utilized
for interim storm water management purposes, then the Developer shall not be permitted to
utilize said interim detention areas for overflow parking until said lots are no longer used for
storm water management.
(G) The Park Department has requested that the OWNER construct a ten (10) foot wide
asphalt path on the south side of Galena Road. Therefore, the CITY agrees to allow OWNER to
construct said ten (10) foot wide path on the south side of Galena Road in lieu of a sidewalk at
the time that particular phase or unit of the SUBJECT PROPERTY is developed.
(H) To provide for a unique and aesthetically pleasing development CITY agrees to
collaborate with DEVELOPER to explore alternatives to providing landscaped islands within
the parking lots of Lots 2 & 3. It is understood between the Parties that the DEVLOPER shall
be obligated to provide the same quantity of landscape plantings under current CITY ordinance,
however the CITY shall consider alternative locations for said parking lot island landscaping
which will benefit both the SUBJECT PROPERTY as well as surrounding properties.
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5. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS OWNER and
DEVELOPER agree that any extension and /or construction of utilities and public improvements
shall be performed in accordance with existing CITY subdivision regulations as modified by this
Agreement. Any on -site work and the cost thereof shall be the responsibility of OWNER and
DEVELOPER except as otherwise provided in this Agreement.
The CITY represents to OWNER and DEVELOPER that the CITY owns potable water,
fire flow and water storage facilities that will have sufficient capacity to adequately serve the
needs of the OWNER and DEVELOPER and occupants of the SUBJECT PROPERTY as
developed pursuant to this Agreement.
With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate
with OWNER and DEVELOPER in their efforts to acquire adequate sanitary sewer treatment
capacity from the appropriate sanitary district for use upon the SUBJECT PROPERTY.
The OWNER and DEVELOPER agree to contribute a proportionate share of the
recapturable expenses payable for the Galena Road water main extension between Bristol Bay
and the Grande Reserve Development not to exceed an amount equal to 15% of the total
engineering and construction costs for said project. The CITY represents to the OWNER and
DEVELOPER total expense for said project is estimated to be $700,000.00 (15% of which
would be $105,000.00). Said recapture payment will be payable at time of first building permit
issuance of Lot 1. The CITY represents to OWNER and DEVELOPER that except for water
main recapture charges payable for the Galena Road water main extension between Bristol Bay
and the Grande Reserve Development as described above, and recapture charges payable for the
Raymond Facility neither OWNER nor DEVELOPER shall become liable to the CITY or any
other parry for recapture upon the annexation and/or development of the SUBJECT PROPERTY
for any existing sewer or water lines or storm water lines and/or storage facilities that may serve
the SUBJECT PROPERTY. However, subject to the terms of this Agreement, OWNER and
DEVELOPER shall be responsible to pay sewer and water connection fees for the commercial
parcels.
In the event that during the development of the SUBJECT PROPERTY, OWNER or
DEVELOPER determines that any existing utility easements and/or underground lines require
relocation to facilitate the completion of the development of the SUBJECT PROPERTY, the
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CITY shall fully cooperate with OWNER and DEVELOPER in causing the vacation and
relocation of such existing easements and/or utilities.
The CITY shall not require the OWNER or DEVELOPER to relocate and/or bury any of
the existing over -head utility that are adjacent to the SUBJECT PROPERTY.
The CITY shall fully cooperate with and support OWNER and DEVELOPER'S
applications for access points to the SUBJECT PROPERTY located on Illinois Route 47 and
Galena Road with the Illinois Department of Transportation as well as Kendall County to insure
proper development of the SUBJECT PROPERTY.
The CITY shall require that the owners and/or developers of property immediately to the
south of the SUBJECT PROPERTY establish cross - access easements with regard to any private
drive located off of Route 47 The CITY agrees that such cross - access easements shall include
the right of access by contiguous and adjacent property owners to access points onto the public
right -of -way. Said access to be accomplished by crossing portions of adjacent land if necessary.
The OWNER and DEVELOPER agree to provide cross - access easements on all lots
within the SUBJECT PROPERTY and to the property adjacent to the southern border of the
SUBJECT PROPERTY.
If any off -site easement or license is determined by the OWNER and /or DEVELOPER to
be necessary to facilitate development of the SUBJECT PROPERTY the CITY agrees to use it's
best efforts to assist OWNER and/or DEVELOPER to pursue acquisition of any such easement.
Within 30 days of a written request from the CITY, which includes legal descriptions and
exhibits as necessary, the OWNER and/or DEVELOPER shall grant permanent and temporary
construction easements as necessary for the construction and extension of CITY utilities and
appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties
within the CITY. However, OWNER and/or DEVELOPER shall not be obligated to grant any
temporary or permanent easements if such grant of easement would in any way encumber the
SUBJECT PROPERTY. Furthermore, if an easement previously granted to the CITY is found to
encumber the development and/or occupation of the SUBJECT PROPERTY it shall be the
CITY'S sole obligation to relocate any such easement at the sole cost of the CITY.
It is acknowledged between the Parties that the Raymond Facility will be constructed by
the CITY to provide storm -water management for the entire SUBJECT PROPERTY, and the
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OWNER and DEVELOPER will contribute their pro -rated share toward construction of the
Raymond Facility If the CITY is unable to construct the Raymond Facility which will serve the
SUBJECT PROPERTY in a timely fashion commensurate with OWNER and DEVELOPER
anticipated development of the SUBJECT PROPERTY then OWNER and/or DEVELOPER
shall be allowed to undertake all or a portion of the construction of the Raymond Facility or
provide the interim or temporary storm water storage on the SUBJECT PROPERTY as
contemplated in paragraph 4(F) of this Agreement. The duration of use of said interim or
temporary storm water storage shall terminate once the Raymond Facility is able to accept the
storm water from the SUBJECT PROPERTY at which time all storm water conveyance shall be
sent to the Raymond Facility. If OWNER and /or DEVELOPER undertake any construction of
the Raymond Regional Facility it is agreed to by the Parties that OWNER and DEVELOPER
will be fully compensated by the CITY for constructing any such portion of said Raymond
Facility. Compensation shall be granted to the OWNERS and DEVELOPER by the CITY based
on a reduction in the amount of the required buy -in amount to participate in the Raymond
Facility The Parties will calculate the volume required to serve the SUBJECT PROPERTY, and
then reduce that amount by calculating the amount of volume which was excavated by OWNER
and/or DEVELOPER. OWNER and DEVELOPER will then only be required to buy -in based
upon that reduced amount which takes into consideration the capacity excavated by OWNER
and/or DEVELOPER.
The Parties further agree that during the construction of the Raymond Facility any clay or
top soil removed from the site may be utilized by OWNER and/or DEVELOPER for grading of
the SUBJECT PROPERTY at no charge to the OWNER and/or DEVELOPER.
The OWNER and DEVELOPER agree to provide a temporary access easement to the
CITY a minimum of 50' wide across the SUBJECT PROPERTY to allow for a "haul route" to
transport soil and/or clay from the Raymond Facility to Lot 1 of the SUBJECT PROPERTY until
Lot 1 has been properly filled pursuant to approved engineering specifications.
OWNER and DEVELOPER agree to provide a storm water conveyance route along the
portion of the SUBJECT PROPERTY adjacent to Illinois Route 47 within the dedicated right -of-
way as depicted in Exhibit "G "for use by the owner of the Northgate development, and other
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north of Galena Road as dictated b the CITY
properties Y rovided it does not interfere with the p
development of the SUBJECT PROPERTY.
The DEVELOPER agrees to obtain written permission from the CITY prior to drawing
the initial 1,000,000 gallon water charge necessary for the water park facility each year. It is
understood by the Parties that this initial charge will likely occur each year during either the
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month of April or the month of May, and will occur during off peak hours to be determined and
instructed by the CITY. Upon DEVELOPER'S compliance with the requirements of this
paragraph the CITY agrees to grant said written permission without delay allowing for the initial
charge of the water park facility.
6. SECURITY INSTRUMENTS.
A. Postiniz Securitv. DEVELOPER shall deposit, or cause to be deposited, with the
CITY such irrevocable letters of credit or surety bonds ( "Security Instruments ")
to guarantee completion and maintenance of the public improvements to be
constructed as a part of the development of each Phase of Development as are
required by applicable ordinances of the CITY. The DEVELOPER shall have the
sole discretion, subject to compliance with Illinois Compiled Statutes, as to
whether an irrevocable letter of credit or surety bond will be used as the Security
Instruments. The amount and duration of each Security Instrument shall be as
required by applicable ordinances of the CITY. The City Council upon
recommendation by the City Engineer, may from time to time approve a reduction
or reductions in the Security Instruments by an amount not in excess of eighty
five percent (85 %) of the value certified by the City Engineer of the completed
work, so long as the balance remaining in the Security Instruments is at least
equal to one hundred ten percent (110 %) of the cost to complete the remaining
public improvements for the applicable Phase of Development.
Perimeter roadways and onsite improvements may be dedicated, constructed,
and/or bonded as independent Phases of Development at the sole discretion of the
DEVELOPER, as long as adjacent phases are seventy percent (70 %) constructed
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B. Acceptance of Undereround Improvements and Streets. The CITY, once it has
had the opportunity to inspect and fully confirm that the public improvements
required to be constructed under this Agreement comply with CITY approved
plans, specifications, and ordinances, shall approve all such public improvements,
all in accordance with this Agreement, and shall accept their dedication subject to
the DEVELOPER'S warranty, as described herein, and shall thereafter operate,
maintain, repair, and replace all such public improvements located therein. The
procedure for acceptance of improvements shall comply with CITY ordinances.
DEVELOPER warrants that all public improvements required to be constructed
by them hereunder shall be free from defects in workmanship or material for a
period of one (1) year after acceptance thereof by the CITY. Upon notice from
CITY, DEVELOPER shall promptly commence to remedy any defects covered
by the foregoing warranties, and in addition thereto, in the event that any
construction or build out activity within any Phase of the development of the
SUBJECT PROPERTY is determined to have damaged any public improvements
previously installed by DEVELOPER within the SUBJECT PROPERTY, then,
upon notice thereof from the CITY, DEVELOPER shall promptly commence to
repair or replace any and all public improvements so damaged.
C. Reduction of Suretv Within sixty (60) calendar days after (a) receipt of
notice from the DEVELOPER that certain of the public improvements and
facilities within a phase of the SUBJECT PROPERTY under development have
been completed, and (b) delivery to the City of all required documentation
(including without limitation material certifications), the City Engineer shall
inspect said improvements and indicate, in writing, either his approval or
disapproval of the same. If such improvements are not approved, the reasons
therefore shall, within said sixty (60) calendar day period, be set forth in a written
notice to the DEVELOPER. Upon the DEVELOPER correction of the punch list
items set forth in said notice, the City Engineer, at the DEVELOPER'S request,
shall re- inspect the improvements to be corrected and either approve or
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disapprove said improvements, in writing within sixty (60) working days of
receipt of the DEVELOPER'S notice requesting said re- inspection. As public
improvements are partially completed and paid for by the DEVELOPER and
accepted by the CITY the Security Instruments deposited by the DEVELOPER
with the CITY, if requested by the DEVELOPER, may be proportionately
reduced or released on an individual improvement -by- improvement basis.
Notwithstanding anything herein to the contrary, the CITY shall have no
obligation to reduce or release the last ten (10 %) of any Security Instrument
provided hereunder until all DEVELOPER warranty obligations secured thereby
have lapsed.
D. Construction of Offsite and Onsite Improvements OWNER and
DEVELOPER shall be allowed to construct the required off site and onsite
improvements simultaneously with the issuance of building permits for
individual buildings, but it is understood that building permits may not be issued
unless OWNER and/or DEVELOPER have provided adequate road access (i.e.
gravel course or paved roads) to the lots for emergency vehicles and has
provided sufficient water supplies for fire fighting purposes. All other offsite
and onsite improvements (except final lift of bituminous asphalt surface on roads
if weather, labor strikes, plant closings or any other condition or circumstance
beyond DEVELOPER'S control prevents installation of such improvements),
serving any said lot or building shall be installed by DEVELOPER and approved
by the CITY, however, before an occupancy permit is issued for said buildings,
the balance of the required onsite subdivision improvements not required to
serve said buildings may be constructed in phases after issuance of the aforesaid
occupancy permit, as the development on each phase progresses.
E. Utilitv Permits The CITY shall issue permits to OWNER and DEVELOPER to
authorize the commencement of construction of utility improvements on the
SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a
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final plat of subdivision; (ii) prior to construction of the CITY utility
improvements provided, (1) such construction is undertaken at the risk of a party
seeking to undertake such work; (2) approved engineering plans for such
improvements have been approved by the CITY that are sufficient in detail for
the CITY to determine the nature and scope of the improvements being
constructed: (3) the preliminary subdivision plat for the Phase upon which the
improvements are being constructed has been approved by the CITY; and (4) the
IEPA and the sanitary district, as applicable, have issued permits for the
construction of sanitary sewer and water lines for the Phase or Unit on which the
improvements are being constructed. The CITY agrees to process IEPA sewer
and water permit applications separate and apart from the review of final
engineering plans so that the IEPA will be in a position to issue such permits
prior to CITY approval of final engineering plans. OWNER and DEVELOPER
acknowledge that the CITY signatures on the IEPA permit applications do not
constitute final plat or plan approval. OWNER and DEVELOPER shall
indemnify the CITY against any claims, actions or losses the CITY may suffer,
sustain or incur because other governmental agency takes action against the
CITY after OWNER and DEVELOPER undertake development activities
pursuant to the provisions of this Subsection 6.
7. AMENDMENTS TO ORDINANCES All ordinances, regulations, and codes of
the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the
date of this Agreement. Any amendments, repeal, or additional regulations, which are
subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT
PROPERTY except upon the written consent of OWNER and DEVELOPER during said five (5)
year period. The CITY shall give the OWNER and DEVELOPER a six (6) month grace period
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from the date they are notified of any changes to the ordinances, regulations, and codes of the
CITY in order to comply with the new regulations. After said five (5) year period, the
SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the approval of this Agreement. The
foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or
enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant
to the express and specific mandate of any superior governmental authority, such ordinance or
regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER,
provided, however, that any so called "grandfather" provision contained in such superior
governmental mandate which would serve to exempt or delay implementation against the
SUBJECT PROPERTY shall be given full force and effect.
8. BUILDING CODE The City has adopted the International Building Code,
which is updated approximately every three years. The building codes for the CITY in effect of
the date of the building permit application will govern any and all construction activity within
the Subject Property.
9. FEES AND CHARGES During the first five (5) years following the date of this
Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER,
and their respective contractors and suppliers, only those permit, license, tap on and connection
fees and charges, and in such amount or at such rate, as are in effect on the date of this
Agreement and as are generally applied throughout the CITY, except for water meter fees and
any other fees as otherwise expressly provided for in Exhibit "E" of this Agreement. At the
expiration of this five year term, the CITY shall give the OWNER and DEVELOPER a six (6)
month grace period from the date they are notified of any changes to the permit, impact, license,
tap on and connection fees and charges in order to comply with the new regulations.
DEVELOPER and CITY agree that the CITY will impose a five percent (5 %) admissions
tax (hereinafter "Admissions Tax ") on the total net collected admission revenues collected by the
water park facility commencing with the opening date of said water park facility throughout the
duration of this Agreement. DEVELOPER will remit the total Admissions Tax to the CITY
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within thirty (30) days after the last operating day of a given season. For a period of ten (10)
years the DEVELOPER, and CITY further agree that fifty -five percent (55 %) of any funds
collected by the CITY as a result of the aforesaid CITY Admissions Tax will be rebated back to
the DEVELOPER within thirty (30) days of receipt by the CITY to offset the DEVELOPER'S
cost of constructing a public east/west road through lots 2 & 3.
DEVELOPER agrees to provide the residents of the CITY a discount rate of forty (40)
percent off the regular individual season pass price for the water park facility
10. CONTRIBUTIONS The City shall not require the OWNER and DEVELOPER
to donate any land or money to the CITY, or any other governmental body, except as otherwise
expressly provided in this Agreement.
11. COOPERATION IN PROGRAMMING. The DEVELOPER and the City's
Park and Recreation Department agree to meet a minimum of once per year, on or before
December 1, to jointly discuss ways of initiating cooperation in programming for the mutual
benefit of the DEVELOPER, the City, and ultimately the residents of Yorkville. Cooperative
efforts may be pursued in the creation, marketing and operation of programs, themed events,
swimming lessons and other activities by mutual consent of both parties. Furthermore, the
DEVELOPER shall grant the City's Park and Recreation Department opportunities to submit
proposals and program ideas to the DEVELOPER and to partner with the DEVELOPER in the
provision of said programs when it is agreed by both parties to be a mutually beneficial direction
for the DEVELOPER, the City and ultimately the residents of Yorkville.
In an effort to enhance ongoing cooperation between the DEVELOPER and the City's
Park and Recreation Department, the Park and Recreation Department may periodically use the
grass overflow parking areas, described in Section 4 -D of this Agreement, for special
programming and or events when said parking areas are not in use. Use of said areas by Parks
and Recreation must be scheduled in advance with the DEVELOPER and permission for such
use shall be at the sole discretion of the DEVELOPER.
125060/116
12. PROJECT SIGNS Following the date of this Agreement and through the date
of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER and
DEVELOPER shall be entitled to construct, maintain and utilize development identification,
marketing and location signs on Route 47 and Galena Road, and at such other locations within
the corporate limits of the CITY as OWNER and DEVELOPER may designate subject to sign
permit review and issuance by the CITY. Development identification, marketing, and location
signs located on the Route 47 and Galena Road shall be allowed to have a maximum surface area
of one - hundred and eighty square feet (180), and shall be fifteen (15) feet high, and twelve (12)
feet wide. Additionally, each out -lot within the SUBJECT PROPERTY shall be allowed an
individual monument style sign on said lot a minimum of eight (8) feet high and fifty (50) square
feet per side. Any Offsite Signs will not be located on public right -of -ways. OWNER and
DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate
legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be
illuminated subject to approval by the CITY.
13 CONSTRUCTION TRAILERS
OWNER and DEVELOPER may locate temporary construction trailers upon the
SUBJECT PROPERTY during the development and build out of the SUBJECT PROPERTY,
provided any such trailer shall be removed within one (1) week following issuance of the last
final occupancy permit. A permit will be required by the CITY for any trailer which will be
connecting to electricity.
14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date
of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNER and DEVELOPER for development purposes. Said trailers may remain upon the
SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT
PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as
office space. All contractor's trailers and supply trailers shall be kept in good working order
125060/117
and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will
be located within dedicated right -of -way.
15. ROUTE 47 IMPROVEMENTS
A. OWNER & DEVELOPERS Participation. The OWNERS and DEVELOPER agree to
financially participate in the improvement of Illinois Route 47 adjacent to the SUBJECT
PROPERTY and the cost of signalization at the intersection(s) of Route 47 at the proposed
streets entering the SUBJECT PROPERTY pursuant to the terms of this Agreement. The
OWNER and DEVELOPER shall make payments on a fair and equitable basis consistent with
those payments made by other land owners contributing to the Route 47 improvement project
between Base Line Road and Corneils Road However, OWNER and DEVELOPER portion of
said Route 47 improvements shall under no circumstances exceed 16.42 % of the total cost of the
project as depicted in Exhibit "H"
B. Dedication of Land. Upon CITY verifying to OWNER and DEVELOPER that the funding
mechanisms contemplated in the subsequent paragraphs are adequately provided for, then within
30 days of a written request from the CITY which includes legal descriptions and exhibits as
necessary, OWNER and DEVELOPER shall by warranty deed grant fee simple title to the
necessary right -of -way, as determined by the Route 47 Phase 1 Engineering Study to the Illinois
Department of Transportation to provide the necessary land for widening of Route 47. It is
expressly understood by the Parties that the CITY shall direct it's engineering consultant to
minimize the amount of Route 47 realignment in preparing the Phase 1 Engineering Study.
Furthermore before submission of the Phase 1 Engineering Study to the Illinois Department of
Transportation the CITY shall meet with OWNER and DEVELOPER to discuss the Phase 1
Engineering Study. Lastly, it is agreed to by the CITY that OWNER and DEVELOPER shall
not be obligated to dedicate any land or grant any easements for the widening and/or realignment
of Route 47 other than as stated in this Agreement.
C. Value of Land Dedication and Credit. The Parties agree that the land which is to be
dedicated to the Illinois Department of Transportation to provide the necessary right of way for
the widening of Route 47 shall be valued at the higher of either a fixed value of two- hundred
and seventy -five thousand dollars ($275,000.00) per acre, or based upon a real estate appraisal
125060/118
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of said land to be conducted as part of the Phase 1 Engineering Study for the project The
Parties further agree that the value of the land to be dedicated for widening of Route 47 will be
added into the total gross cost calculations of improving Route 47, and OWNER and
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DEVELOPER will be credited for said land dedication through a reduction in the amount they
are required to contribute for Route 47 improvements and/or signalization. Therefore, OWNER
and DEVELOPER'S required cash contribution toward improving and/or signalizing Route 47
will be reduced by the dollar value of the parcel of land which they shall dedicate to the Illinois
Department of Transportation.
i
Furthermore, OWNER and DEVELOPER shall not be required to make any cash
contribution toward the construction of Route 47 improvements, and/or signalization until the
credits for the land dedication described in the preceding paragraph have been applied to
OWNER and DEVELOPER'S portion of Route 47 construction and/or signalization.
For example, if the cost of the land to widen Route 47 is valued at two million dollars
i
($2,000,000.00), and the cost of improving and /or signalizing Route 47 is twenty million dollars
($20,000,000.00), the total cost of the project would then be calculated to be twenty -two million
dollars ($22,000,000.00). Assuming that the OWNER and DEVELOPER share of the
improvement cost of Route 47 was assessed at sixteen (16) percent, then their required
contribution would be three million eight hundred and forty thousand dollars ($3,840,000). The
OWNER and DEVELOPER would be credited for the two million dollar ($2,000,000) land
dedication and would then be required to contribute one million eight hundred and forty
thousand dollars ($1,840,000) toward Route 47 improvements and/or signalization.
D. Tax Rebate Agreement. To offset the land cost associated with the OWNER and
DEVELOPER'S land dedication required by the CITY for Route 47 widening, as well as any
improvements and /or signalization along Route 47 mandated by the Illinois Department of
Transportation, the CITY agrees to enter into a sales tax rebate agreement with OWNER and
DEVELOPER. Consistent with the terms of this Agreement the CITY shall place in a separate
account for the benefit of OWNER and DEVELOPER fifty percent (50 %) of the CITY'S one
percent (1 %) portion of the State Retailer's Occupation Tax received by the CITY as a result of
the development of the SUBJECT PROPERTY. The period of computation of the sales tax
rebate agreement will begin separately for DEVELOPER, and OWNER when OWNER
125060/119
undertakes development of Lot 1. The period of computation shall begin for DEVELOPER,
and OWNER upon occupancy of the first unit of commercial retail development within each
respective Lot on the SUBJECT PROPERTY, and will continue for a period of twenty (20)
years or until the OWNER and DEVELOPER have been rebated one hundred percent (100 %)
of their Route 47 land dedication, as well as one - hundred percent (100 %) of any required Route
47 improvements and/or signalization including but not limited to design, engineering, as well
as six percent (6 %) interest whichever occurs first.
It is further agreed by the Parties that the benefits. contemplated under the sales tax rebate
agreement are assignable at the sole option of the OWNERS and/or DEVELOPER as to their
portion of the sales tax rebate. Upon written assignments by the OWNER and/or DEVELOPER
such assignees shall have all rights currently vested in OWNER and/or DEVELOPER under the
sales tax rebate agreement and applicable law, and shall be entitled to enforce such rights
through any equitable or legal action. If any portion of lots 1, 2, 3, or 4 are sold by OWNER or
DEVELOPER, OWNER and DEVELOPER shall be entitled to continue to receive payments
for their expense in dedicating land, improving, and/or signalizing Route 47 pursuant to the
sales tax rebate agreement unless specifically assigned by OWNER and/or DEVELOPER.
OWNER and/or DEVELOPER may assign a portion or all of their rights under the terms of the
sales tax rebate agreement to any future developer, owners, institutions, or individuals at the
OWNER'S and/or DEVELOPER'S sole discretion Lastly, if DEVELOPER fails to purchase
lots 2 & 3 from OWNER then OWNER reserves the right to retain the sales tax rebate for itself
upon development of the SUBJECT PROPERTY, or assign the sales tax rebate to an alternative
purchaser of Lots 1, 2, 3, & 4 at it's sole option.
E. CITY and State Cooperation to Improve Route 47. It is contemplated between the Parties
that the CITY will make every reasonable effort to create a Business District which would allow
for the generation of additional sales tax revenue on the SUBJECT PROPERTY, at a rate of no
more than an additional one percent (1 %) tax. If the CITY is successful in obtaining the
additional tax revenues through the State of Illinois, then one hundred percent (100 %) of all
revenues received as a result of the aforesaid additional tax would be rebated back to the
OWNER and DEVELOPER by CITY as reimbursement for OWNER and DEVELOPER'S
costs incurred in dedicating land, improving and/or signalizing Route 47.
125060/120
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Furthermore, the CITY agrees to make every reasonable effort to petition the State of
Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax,
and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into
such an agreement with the CITY to release any portion of the State's share of the State
Retailers Occupation Tax then one - hundred percent (100 %) of such funds shall be paid by the
CITY to the OWNER and DEVLOPER to help offset the OWNER and DEVELOPER'S
extraordinary expenses incurred in dedicating land, improving and/or signalizing Route 47.
As an incentive for the CITY to pursue the creation of a Business District and/or petition
the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on
behalf of OWNER and DEVELOPER as specified in the preceding paragraphs, and the CITY
does so secure either of the two aforementioned mechanisms in an amount not less that one
percent (1 %) for a period of twenty (20) years, or until the OWNER and DEVELOPER have
been rebated one hundred percent (100 %) of all expenditures incurred in dedicating land,
improving and /or signalizing Route 47 including but not limited to design, engineering, and six
percent (6 %) interest, then OWNER and DEVELOPER agree to reduce the term of the sales tax
rebate between the Parties from twenty (20) years to ten (10) years. The reduced term of the
sales tax rebate agreement contemplated herein shall commence with the enactment of said
Business District and/or relinquishment of a portion of the States share of the State Retailer's
Occupation Tax in an amount not less than one percent (1 %).
If the State of Illinois agrees to refund a portion of it's State Retailer's Occupation Tax
and/or a Business District Tax is enacted which either separately or cumulatively result in a two
percent (2 %) or greater sales tax rebate to the OWNER and DEVELOER, for a period of twenty
(20) years, or until the OWNER and DEVELOPER have been rebated one hundred percent
(100 %) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47
including but not limited to design, engineering, and six percent (6 %) interest then the Parties
agree that the sales tax rebate agreement mandated in paragraph 15(D) shall become null and
void, and the CITY shall be entitled to keep one - hundred percent (100 %) of it's share of the
State Retailer's Occupation Tax.
It is also understood by and between the Parties that subsequent to the execution of this
Agreement the CITY may explore and implement an alternative method of financing the
125060/121
required Route 47 improvements, which alternative may not have been contemplated in this
Agreement, such as the establishment of a TIFF district, Special Service Area, or Bond
Financing. If subsequent to the execution of this Agreement the CITY establishes such an
alternative form of funding to improve Route 47 then the OWNER and DEVELOPER shall
have the right to participate in any such alternative form of financing if they should so choose at
their sole option.
16 OVERSIZING OFIMPROVEMENTS
Recapture Agreement. In the event the CITY requests OWNER and /or DEVELOPER
to construct a CITY improvement beyond that needed for the proposed development or other
public improvement, including oversizing and or deepening of such improvements, which will
serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then
the CITY agrees to grant a recapture agreement for the benefit of the OWNER and/or
DEVELOPER for such expenses including engineering, construction, and other costs including
a six percent (6 %) interest fee, which may reasonably be expected to be incurred by the
OWNER and /or DEVELOPER.
17. LIMITATIONS In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed.,
shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public
purposes, except as otherwise provided in this Agreement.
18 DISCONNECTION OWNER and DEVELOPER shall develop the SUBJECT
PROPERTY in accordance with the terms of this agreement, and shall not, as either the OWNER
or DEVELOPERS of said property, petition to disconnect any portion or all of said property
from the CITY or from any service provided by the CITY.
125060/122
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19. CONFLICT IN REGULATIONS The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
20. TRANSFER. OWNERS and/or DEVELOPER may assign this Agreement
without CITY approval, but only in connection with its conveyance of all or any part of the
SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee, the OWNER
and/or DEVELOPER shall have no further obligations hereunder as to the portion of the
SUBJECT PROPERTY so conveyed, but shall continue to be bound by this Agreement and
shall retain the obligations created thereby with respect to any portion of the SUBJECT
PROPERTY retained and not conveyed. If OWNER and/or DEVELOPER or its successors sell
a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the
purchaser any and all rights and obligations it may have under this Agreement (excluding rights
of recapture, reimbursement proceeds, admission tax rebate proceeds, sales tax rebate proceeds,
and business district tax proceeds) which affect the portion of the SUBJECT PROPERTY sold or
conveyed and thereafter the seller shall have no further obligations under this Agreement as it
relates to the portion of the SUBJECT PROPERTY so conveyed, but any such seller shall retain
any rights and obligations it may have under this Agreement with respect to any part of the
SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such
assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee
of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and
substituted its letter of credit as security for the construction, repair and maintenance of roadway
or other public improvements with the CITY, the OWNER, DEVELOPERS or other seller
though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit
with the CITY until such time as the OWNER, DEVELOPER. or the successor to or assignee of
the OWNER, DEVELOPER have provided a substitute letter of credit.
21. LIABILITY OF OWNER It is expressly understood and agreed by and among
the Parties hereto that all responsibility of OWNER under this Agreement shall be extinguished
simultaneously with the transfer of title to any portion of the SUBJECT PROPERTY, as to that
125060/123
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particular portion of the SUBJECT PROPERTY from the OWNER to any Purchasers, including
I'
but not limited to the DEVELOPERS herein. Thereafter, the purchasers or DEVELOPER
assume all of the responsibilities and obligations of the OWNER under this Agreement. It being
understood and agreed, however, that OWNER shall also have no obligation to perform the
obligations of the DEVELOPER, unless said OWNER agrees in writing to assume said
obligations.
22. GRADING The CITY will permit the OWNER and DEVELOPER to grade
within the SUBJECT PROEPERTY before final plat approval for any particular phase of the
development of the SUBJECT PROPERTY is granted, under the following conditions.
A. Prior to commencement of work for any phase, the CITY engineer shall review and approve
the OWNER and/or DEVELOPER'S preliminary grading plans for such phase, including interim
storm water management, erosion and sedimentation control measures.
B. the OWNER and/or DEVELOPER shall assume all risk for such work performed on the basis
of the preliminary grading plan and shall agree to modify graded, if so required to satisfy the
final approved grading plan and conditions of the final plat and final engineering approvals.
C. The OWNER and/or DEVELOPER shall provide the CITY an acceptable form of surety to
provide funds for the restoration of the site or correction of any noncompliant conditions that
may exist in connection with OWNER and/or DEVELOPER grading and earthmoving and
clearing activities.
D. The OWNER and DEVELOPER shall comply with all aspects of the CITY'S erosion and
sediment control ordinance.
23. GENERAL PROVISIONS
A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an appropriate
action at law or in equity to secure the performance of the covenants and
agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
125060/124
B. Successors and Assigns This Agreement shall inure to the benefit of and be
binding upon the OWNER, DEVELOPER, and their successors in title and
interest, and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon each and every subsequent grantee and
successor in interest of the OWNER and DEVELOPER, and the CITY.
C. Bindina Effect. This Agreement contains all the terms and conditions agreed
upon by the parties hereto and no other prior agreement, regarding the subject
matter hereof shall be deemed to exist to bind the parties. The parties
acknowledge and agree that the terms and conditions of this Agreement, including
the payment of any fees, have been reached through a process of good faith
negotiation, both by principals and through counsel, and represent terms and
conditions that are deemed by the parties to be fair, reasonable, acceptable and
contractually binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in
writing and shall be deemed effectively given on the date of confirmed
telefacsimile transmission, on the date delivered personally or on the second
business day following the date sent by certified or registered mail, return receipt
requested, postage prepaid, addressed as follows:
(I) If to OWNERS Betty O'Keefe Family Limited Partnership
c/o Kim O'Keefe
5576 Hwy 50 Suite 8
Delavan, WI 53115
with copies to: Scott Christian
Thorpe, Compton & Christian, S.C.
1624 Hobbs Drive, Suite 1
Delavan, WI 53115
125060/125
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(II) If to The Lundmark Group LLC
Randy Witt
DEVELOPER: 5349 W. Cinema Drive
Hanover Park, IL. 60133
with copies to: John Philipchuck
Dommermuth, Brestal, Cobine &West Ltd
123 Water St.
Naperville, IL 60566
Fax: (630) 355 -5976
James N. Urhausen
The Urhausen Group
1650 E. Main Street
St. Charles, IL. 60174
with copies to: Kate McCracken
Attorney at Law
1001 E. Main Street Suite G
St. Charles, IL. 60174
(IV) If to CITY: United City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville, I160560
Fax: (630) 553 -7575
with a copy to: John Wyeth Esq.
800 Game Farm Rd.
Yorkville, I160560
Fax: (630) 553 -7575
or to such other persons and/or addresses as any party may from time to time
designate in a written notice to the other parties.
E. Severability This Agreement is entered into pursuant to the provisions of the
Agreements With Owners of Record Act of the Illinois Municipal Code (65 ILCS
5/11- 15.1 -1, et seq) In the event any part or portion of this Agreement, or any
125060/126
provision, clause, word, or designation of this Agreement is held to be invalid by
any court of competent jurisdiction, said part, portion, clause, word or designation
of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not effect such portion or portions of this Agreement as
remain. In addition, the CITY and OWNER and DEVELOPER shall take all
action necessary or required to fulfill the intent of this Agreement as to the use
and development of the SUBJECT PROPERTY.
i
F. Aureement This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to
i
applicable provisions of the City Code and Illinois Compiled Statutes This
Agreement may be amended by the CITY and the owner of record of a portion of
the SUBJECT PROPERTY as to provisions applying exclusively thereto, without
the consent of the owner of other portions of the SUBJECT PROPERTY not
effected by such Agreement.
G. Convevances Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNER and DEVELOPER to sell or convey all or any
portion of the SUBJECT PROPERTY, whether improved or unimproved.
H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and
resolutions necessary to permit the OWNER and DEVELOPER, and their
successors or assigns, to develop the SUBJECT PROPERTY in accordance with
the provisions of this Agreement, provided said ordinances or resolutions are not
contrary to law. The CITY agrees to authorize the Mayor and City Clerk to
execute this Agreement or to correct any technical defects which may arise after
the execution of this Agreement.
I. Term of Agreement The term of this Agreement shall be twenty (20) years. In
the event construction is commenced within said twenty -year period all of the
125060/127
terms of this Agreement shall remain enforceable despite said time limitation,
unless modified by written agreement of the CITY, DEVELOPER, and OWNER.
J. Captions and Para2rat)h Headims. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
K. Recording This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at OWNER and DEVELOPER'S expense.
L. Recitals and Exhibits The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
M. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same document.
N. No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for within any approved phase due to any CITY
imposed moratorium and shall in no event unreasonably withhold approval of said
permits or approval for the Final Plat of any Phase of the Subject Property
Nothing contained herein shall affect any limitations imposed as to sanitary sewer
or water main extensions by the Illinois Environmental Protection Agency,
Yorkville - Bristol Sanitary District, or any other governmental agency that
preempts the authority of the United City of Yorkville.
I
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O. Time is of the Essence Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
125060/128
I
contained in this Agreement shall be performed in a timely manner by all parties
hereto.
I
P. Exculpation It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY'S obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having jurisdiction over
the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNER,
including, but not limited to, county, state or federal regulatory bodies.
I
125060/129
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
CITY: DEVELOPER
UNITED CITY OF YORKVILLE, The Lundmark Group LLC,
an Illinois municipal corporation an Illinois limited liability company,
contract purchas 7nd develop V12 3
By' By:
Title: Ma or Manager
Atte
ity 1 rk
OWNER:
BETTY O'KEEFE FAMILY LIMITED PARTNERSHIP
An Illinois Limited Partnership
By: Betty O'Keef�e Properties, L.L.C., Gen al Partner
Kim W. O'Keefe, Manager
II I
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125060/130
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LIST OF EXHIBITS
I
EXHIBIT "A" Legal Description & Plat of Annexation
EXHIBIT "B" Plat of Zoning
EXHIBIT "C" Draft Preliminary Plat
EXHIBIT "D" Lot 2 & 3 Legal Description
EXHIBIT "E" Fee Schedule
EXHIBIT "F" Restricted B -3 Service Business District Uses
EXHIBIT "G" Regional Storm Water Conveyance Route
EXHIBIT "H" Route 47 Improvement Estimates
1 25060/1 31
Exhibit "A"
Description of O'Keefe parcel
That part of the west half of Section 9, Township 37 north, Range 7 east of the Third
Principal Meridian described as follows: commencing at the southeast corner of the
northwest quarter of said Section; thence west along the south line of said northwest
quarter, 14.28 chains for a point of beginning; thence N 14 °50'E, 30.14 chains to the
center line of Galena Road; thence northwesterly along the center line of said Galena Road
to the west line of said Section; thence south along said west line to the southwest corner
of the northwest quarter of the southwest quarter of said Section; thence east along the
south line of said northwest quarter of the southwest quarter, 19.75 chains to a point 1 rod
west of the southeast corner of said quarter quarter; thence northeasterly to the point of
beginning (except that part lying westerly of the center line of Illinois Route 47) in the
Township of Bristol, Kendall County, Illinois.
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Exhibit "D"
Description of Lots 2 & 3
That part of the west half of Section 9, Township 37 north, Range 7 east of the Third
Principal Meridian described as follows: commencing at the southeast corner of the
northwest quarter of said Section; thence west along the south line of said northwest
quarter, 14.28 chains for a point of beginning; thence S 15 °34'22 "W along the east line of
lands described in Document 2005035985, 716.99 feet; thence S87 0 56'46 "W, 1452.82
feet to the east line of Illinois Route 47; thence N1 0 06'54 "W along said east line of Route
47; 100.38 feet; thence N0 0 19'02 "E along said east line of Route 47, 200.05 feet; thence
N1 °06'54 "W along said east line of Route 47, 373.63 feet; thence N87 °56'46 "E, 213.36
feet; thence northeasterly along a circular curve having a radius of 315.00 feet concave to
the northwest, the chord of which bears N61 0 01'02 "E, 296.10 feet; thence northeasterly
along a circular curve having a radius of 385.00 feet concave to the southeast, the chord of
which bears N55 0 35'01 "E, 288.88 feet; thence N77 ° 04'45 "E, 476.89 feet; thence easterly
along a circular curve having a radius of 315.00 feet concave to the north, the chord of
which bears N70 0 39'36 "E, 70.58 feet to a point on a line 500 feet westerly of and parallel
with said east line of lands described in Document 2005035985; thence N1397'14 "E
along said parallel line, 828.19 feet; thence S76 °22'46 "E, 500.00 to said east line of lands
described in Document 2005035985; thence S139T14 "W along said east line of lands
described in Document 2005035985, 1084.23 feet to the point of beginning in the
Township of Bristol, Kendall County, Illinois.
Area: 1,847,234 sq.ft. 42.40 acres
United City of Yorkville EXHIBIT E
0
.1% County Seat of Kendall C ounty
800 Game Farm Road
EST. 1836
Yorkville, Illinois, 60560
Telephone: 630-553-4350
Fax. 630-553-7575
Website www.yorkville.il.us
E
COMMERCIAL PERMIT FEES
Permit/Plan Review
Building Permit $750.00 plus $0.20 per square foot
Plan Review Based on building size (See Attached)
Contributions
Development Fee $3000.00* - See Attached Ordinance 2004-55
(Increase in Bristol-Kendall Fire Protection District Fee)
Water/Sewer
Sewer Tap See Attached Ordinance #96-11
Water Tap Water Meter Size Water Connection Fee,
191 $3,700
1 1/2" $ 4*000
2 0) $ 5:000
3 71 $8,000
4 11 $15,000
6" and larger T.BD
Water Meter Water Meter Size Water Meter Price
171 $ 485.00
1 1 /2 1, $ 790.00
21 $2800.00
3 11 $3550.00
V $5420.00
6 11 $8875.00
Engineering Inspections $60.00
River Crossing Fee $25.00 per drain unit. See attached Ordinance 97-11
**Engineering and Landscaping review fees will be billed separately.
Please call the Yorkville Bristol Sanitary District for sanitary permit fees (630) 553-7657
EXHIBIT E
MULTIPLE-FATIMMY RESIDENITLU. USE GROUTS
A. New Construction Per Unit $350.00 plus $0.15 per s,if.
B. - kemode !Lng Per Unit 5175.00 plus $0.10 per s.f.
C. Detached Garage Per Unit without Electrical 150.00
D. Detached Gay age Per Unit with Electrical $100.00
Jr. Temporary to Start Consturuction 25% of full permit fee, not to be
applied to the full perinif fee
F. Temporary Certificate of 0cmkipaucy when Requested by $50 par unit. (non-refanda'bla)
the Builder when CiTcarnstapces Do Not Warrant
ALL OTHER USE GROUPS
A. New Constructiori $750.00 plus $0.20"per square foot
B. Additio-119. $500.00 plus $0,20 per square foot
C. Remodeling $350.00 plus $0.10 per aqua; e foot
D. Temporary to Start Construction 25 of full perniit fee, not to be
applied to the bill permit fee
E. Temporary Cerlificate. of Ocmrpancy when Requested by' $200.00 (non - refundable)
the Builder when Circumstances Db Not Warrant
1YO7:E- Budding permit fee does not include tl,-.,e plaDievilew fee. for the "xinultiple-fammily
rer,ldential use a J1
g Toup" and "oilier use group" categories. The plan review f-,-. will be
based on, the schedule following the permit fees. Plan review fees to - the -inspec:114013
I= w' I I! be paid at-the same time as the building permit tee. -
I
EXHIBIT E
.l'.T.,AN.t JS); FEES l?t'.lay vary due to outside consultant's f ee schedules.)
BUMMING CODE
.wilding Siz Fee
1 to 60,000 cubic feet $35.5.00
6 ,001 to 80,000 cubic feet $400.00
80,00: - to 100;000 cubic feet $475,0:1
1 00,001 to 150,000 cubic feet $550.00
150,001 to 200,000 cubic feet $650.00
over 200,000 cubic feet $65.0.00 - $6.50 per 10,000 cubic feet over 200,000
1' �.EIMO.DEUNG PLAIN REVUi 4' 1/2 of Plar) Review Fee Listed Above
ELECTRICAL, MEC HAN:ICA.L, OR PLUMBING F1,A_ 1 R: VMW ONLY
114 of .Plan Review i ee Listed Above
FIREDETECTION/ALARM, SYSTEMS
$115.00 per 10,000 squire feet of floor area
FIRE .SPRYNKJ_,ER SYSTEMS
_Number of Sprinklers Pipe Schedule .Hydraulic Calculated
I
Up to 200 $250.00 $500.00
201 -300 $300.00 $575.00
301 -500 $400.00 $ 7 75.00
Over 500 $450.00 $850.00
PLUS, for each Sprinkler over 500: 50.60 /each $0.95 /each
A1jTEkrgATE PfRE SUPPRESSION SYSTEMS
Standpipe $175.00 per Standpipe Rt ser
(,Nc) charge with Sprinkler Review)
SpecizlizA Extinguisher Anent (lry or Other Chemical Agent) $ 125.00 peF 50 Lolands agent
Hood Lt DuCl � ~o0�1r:� z`.•X ��Ti�ii ?ShCr t�.�r S 150,00) flat rtLa peT system.
C r "' E if any Plan h as to 'OZ SY;t to d31 outside cOnsulta;it �3 :ct'I : }:ai the 1I1.SpC. tltiil
Ermi the outside consul. ant' Lee s) -will ' c� � d and 'Uhat fee � e
, ( be ,_.a�-�e,.::_b.;;. z. pair. dir
M the outside consultant_
EXHIBIT E
STATE OF ILLMIS j
COUNTY OF KENDALL )
ORDINANCE 2004 - 55
I `
AN ORDINANCE AMENDING ORDINANCE NO.
2003 -31 AN ORDINANCE SETTING FORTH TIDE STANDARDS
AND REGULATION FOR PAYAMFM FOR DEVELOPMENT'
AND EXTENSION OF UTILITY COSTS UPON ANNEXATION
AND /OR PLANNED UNIT DEVELOPMENT TO PROVIDE FOR. AN
INCREASE IN THE BRISTOL KENDALL FIRE PROTECTION DISTRICT FEE
WHEREAS, the UNITED CITY OF YORKVILLE is currently experiencing a substantial
increase in population, together with the heed to expand existing municipal services to provide
for orderly growfa and adequate municipal services; and
WHEREAS, the BRISTOL KENDALL FIRE PROTECTION DISTRICT provides fire
protection, emer6ency medical services and rescue services for the UNITED CITI' OF
I
YORKVILLE; and
WHEREAS, the UNITED CITY OF YORKVILLE has thoroughly reviewed the Deed for
expanding municipal services and the need for capital purchases andxeviewed the study
conducted by the BRISTOL KENDALL FIRE PROTECTION DISTRICT, a copy of which is
attached hereto and 11.1corporated herein by reference, to support increases in the fees provided
herein; a7:d
WHEREAS, the UNITE1 CITY OF YORKVILLE has thoroughly reviewed the cost to
be incurred to provide for the expansion of said City; and
- I --
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i
EXHIBIT E
I
WHEREAS, the City has deterred that the following fees bear a rational relationship to
the costs anticipated to be incurred by the various govemmental entities and departments of the
City to be a ferV d; and
WHEREAS, the UNITED CITY OF YORKVILL E has previously enacted Ordinance No: i
2003 -31. which set standards and regulations for payment of the extension and development of
capital costs for utility and governmental purposes; and
I
WTIERE.aS, one component of that Ordinance was to collect the sum of Three Hundred
and 00 /00 dallam (5300.00) for the acquisition of equipment and vehicles, maintenance of the
BRISTOL Kl:,I iDAL L FIRE PROTECTION DISTRICT, and for other capita.) purchases of said
BRISTOL KENDALI. FIRE PROTECTION'DISTRICT; and
W.1? f-I EAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL
KENDALL F1ZE PROTECTION DISTRICT to increase the amount of said fees to the sum of
One 'Thousand and 00 /00 Dollars ($1,000.00) per single - family residential dwelling unit and
single - family attached dwellings including, but not lan:ited to, duplexes and town homes; and
WEIEREAS, the UNITED CITY OF YORKVILLE has been requested by the BRISTOL
I
KENDALL FIRE PROTECTION DISTRICT to increase the amount of said fees to the sum of
Five Hundred and 00100 Dollars ($500.00) per unit of any multifamily structure, including, but
not limited to, apartment buildings; and
WTTEREAS, the UNITED CITY OF Y ORKVILLE has been requested by the BRISTOL
KENDALL ME PROTECTION DISTRICT to increase the amount of said fees for all other
occupancy classifications as follows:
i
EXHIBIT E
a. The sum of 10.0 cents per square foot, with a min.imurn fee of One Thousand azid
00 /00 Dollars ($1,000.00) effective as of January 1, 2005 tip and to April 30,
2006.
b. The sum of 12.0 cents per square foot, with a minimum fee of One Thousand Two
Hundred and 00J00 Dollars ($1,200.00) effective from May 1, 2006 up and to
April 30, 2007.
C. The sum of 15.0 cents per square foot, with a rninimurn fee of One Thousand Five.
Hundred and 00/00 Dollars ($1,500.00) effective from May 1, 2007
NOW THEREFORE, the'J? CITY OF YORKVILLE, does upon Motion duly
made, seconded and approved by a majority.of those voting does hereby ORDAIN:
1 Ordinance 2003 -31 is hereby amended to increase the Development Fee for the
i
BRISTOL KEFTDALL FIRE PROTECTION DISTRICT payable per single- faanily
residential dwelling lwut and per single-family attached dwelling including, but
not lirn.ited to, duplex and town home residential dwelling units from Three
Hundred apd 00/00 Dollars ($300.00) to One Thousand and 00/00 :Dollars
($1,000.00) for each unit annexed, zoned, and platted on and subsequent to the
effective date within the United City of Yorkville on a subsequent to the effective
date of January 1, 2005 payable at the time of issiumce of building permit, or
payable at the time. of building perzr�it for each unit annexed and zoned within the
United City of York : on and subsequent to the aforementioned effective date.
2. Ordinance 2003 - 3i. is hereby amended to increase the Development Fee for the
BRISTOL KENDA LL. FIRE PROTECTION DISTRICT per .unit o f any
—3—
EXHIBIT E
multifamily structure, including, but not limited to, apartment buildings to Five
Hundred and 00 /00 Dollars ($500.00) for each unit annexed, zoned, and platted
for multifamily residential development within the United City of Yorkville on and
subsequent to the effective date of January 1, 2005, payable at the time of issuance
of building permit, or payable at the time of building permit for each unit annexed
and zoned within the United City of Yorkville on and subsequent to the
aforementioned effective date.
3, Ordinance 2003 -31 is hereby amended to increase the Development Fee for the
BRISTOL KENDALL FIRE PROTECTION DISTRICT for all other occupancy
classifications, including but not limited to Office District, B -1 Limited Business
District, B -2 General Business District, B -3 Service Business District, B4
Business District, M -1 Limited Manufactui - ng District and M -2 General
Manufact District, as follows:
a. The sum of 10.0 cents per square foot, with a minimum fee of One Thousand
and 00/.00 Dollars ($1,000.00) for any real property annexed, zoned, and
platted within the United City of Yorkville effective as of January 1, 2005 up
and to April 30, 2006, payable at the time of issuance of building permit, or
payable at the time of building permit for each unit annexed and zoned within
the United City of Yorkville on and subsequent to the aforementioned effective "
date.
b: The sum of 12.0 cents per square foot, with a minimum fee of One Thousand
Two Hundred and 00/00 Dollars ($1,200.00) for any real property annexed,
i
EXHIBIT E
I
zoned, and platted within 1 , United City of York\ 1 effective from M y 1,
2006 up and to April 30, 2007, payable at the time of issuance of building
permit, or payable at the time of building permit for each unit annexed and
zoned within the United City of Yorkville on and subsequent to the
aforementioned effective date.
c. The sum of 15.0 cents per square foot, with a minimum fee of One Thousand
Five Hundred and 00 /00 Dollars ($1,500.00) for any real property annexed,
zoned, and platted within the United City of Yorkville effective from May 1,
2007 forward, payable at the time of issuance of building permit for each unit
annexed and zoned within the United City of Yorkville on and subsequent to
the aforementioned effective date.
i
4, 'Phis. Ordinance shall be contingent upon receipt by the UNITED CITY OF
YORKVILLE of a written agreement in the form satisfactory to the I.MTED
CITY OF YORKVILLE which holds the =ED CITY OF YORKVILLE
hannless, including, it and agreeing to defend the UNITED CITY OF
YOIRKVLLLE of any claim made as a result of the imposition or collection of said
fees.
5. The various parts, sections, and clauses of this Ordinance are hereby declared to
be severable. If any part, sentence paraaph, section, or clause is adjudged
unconstitutional or iiivahid by a Court of competent jurisdiction, the remainder of
the Ordinance shall not be affected thereby.
EXHIBIT E
PATLA. JAMES IvLARTY Mbr-N S
RICHARD STICKA WA.NDA OHARB W
VALERIE BURD � ROSE SWEARS \I
i
LARRY K.OT JOSEPH BESCO �
APPROVED by me, as Mayor of the United City or Yorkville, Kendall County, Illinois,
this " day of �r. t71n lid A.D. '20� .
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this ` " " day of Qr - klvt . A.D. 20 oy.
Attes �� r�
= � 1Y ER,
Law Offices of Daniel J. Kramer
1107A. S. Bridge Street
Yorkville, Illinois 60560
6 30.5.53.9500
I
9110 ,gXHIBIT E
STATF: OF BLI-IN
COUNTY OF K-E
A-IN ORDLNIANCE AMF TNG THE TA-P-ON
FEE SCIEFDITLE 1N THE UNITED CITY OF YOPI(VILLF,
WHEREAS. the cast of providing sanitar-y sewer services has fiSM substantial. over the
last several years, and
VvTMRE-AS, the City of Yorkvilld has been required to provide sanitary sewer scrvices
and maintenance as a result of an 1 in development; and
WBEIREAS, the Mayor and City Council of the United City of Yorkville have determined
it to be in the best Interest of the City avid its residents to increast, the "Tap-On" fees for sanitary
sewer SeMcp-11
DEFENUTIONS
0 L
"Outlet" nicans each floor drain, wash basin, wash fountain, toilet, urina shower, air
conditioner drain, water cooler, dentist tray drain or other similar plumbing fixture and any
orifice of any machine, vessel tink of any kind, manifolded or simply, through which waste may
flow into a sewer; the flow of which ul - CITTIat - 11Y is D by Water Pollution Con—nol of the
Yorkv'ille BI - Istol Sanitary :District.
"Toil, ef-m cans a bafl restroona or other facility having no more tIian 3 3 outlets (as
defined hen-139).
PRO
1. Ally residential property wishing ook u sanitar "I
to 1r) 1p to city sani y s ew se ry'ce shall pay
to the cily a fl '-
at Tate -f S-U00'00 Pt dwelling Unit, This is in addition to any and all otti- fees
EXHIBIT E
ct:: =rges by any other entity including the applicable sanitary district.
2. : -kny multi- family building will pay. an additional fee of X400.00 for each drain unit
for common area drains which include but are not liz-nited to laundry rooms, floor drains etc.
iris additional fee sliall be paid based on the sumrziation of drain units times the $400.00
nultipli er.
Laundiy washer unit x 1/2
Floor drain x 1/2
i
Common use toilet x 1 1/2
Conmion use shower x 1
Common use sink x 1/2
Pool facilities x 2
Common use kitchens x 1 1/2
?. All non - residential propertiei shall be charged a fee based on th total number of drain
- units as listed in the attached .schedule "A ", times a multiplier of $400.00. This fee is in addition
to a') other fees charged by a-)y other entity including sanitary districts.
4. All toilets having; more than 3 outlets, shall pay at the additional rate of 0.5 drain units.
per outlet each. This applies to both residential and non - residential properties,
5. A separate and independent building sewer shun be provided for every building, except
where one building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley, court, yard, or
drive the front building may be extended to the tear building and the whole c onsidered as
oriel building sewer, but the City of - Yorkville. does not, and will 7;ot assume any obligation or
:eSDO111sibiliry fo r damage caused by C } resulrng form a7ty si.�ch single Go-: neCLIOn 'idrLTnentlOned. '
EXHIBIT E
5. "1'he size, slope, alignment :materials of construction of a bt<ildig suwrr, and the
methods to be used in excavating, p l acing of the pipe jointing, testing and backtling tl-,e trLnch,
shall all conform to the requirements. of ts,e City and/or State building; and ;�lutnbing code or
other applicable rules and regulations of the City of Yorkville or Yorkville Bristol Sanitary
Dist�ct.
7. No ,person's) shall make connection of roof downspouts, foundation drains', areaway
i
drains, or other sources of surface' or oundwater to a building drain which in turn is
connected directly or indirectly to a public sanitary sewer unless such connection is approved by
the City of Yorkville for purposes -of disposal of polluted surface drainage.
8. The connection of the building sewer into the public sewer shall conform to the
requirements of the building and plumbing code or ether applicable rules and regulations of the
City of Yorkville and the Yorkville-Bristol Sanitary District. All such connections shall be made
gastight and watertight and verified by proper- Any deviatio from the prescribed
Procedures and inaterials must be approved. by the City Public Works Department before
installation.
9. 'I "ne applicant for the building sewer permit shall notify the Public Works Depar=ent
, ,vhL= the building sewer is ready for inspection and connection to the public sewer. The
connection Pnd testing. shall be made under the supervision of the superintend; nt or his
represc;ntative.
10. All Excavations for building sewer installation shalt be adequately gi.iarde.d with
aamcadcs and lights so as to protect the public from hazard. Streets, sidcwalks, parkways, and
other public property disturbed in the course of the work shall by resrorcd in a manner
satisfactory to the City of Yorkville Public Works- Departrnert.
i
I
EXHIBIT E
This Ordinance will be effective November, 1 19L6,
�Tv ALL OTHER RESPECTS, the he schodule and rates for ti c City of Yorkville shad
remain unchasnged.
Passed this �_. '1 day of SQ0 1M 0 1996
®r,
L\4AYOR
ATTESTED:
CITY CUR Kj
Law Offices of Daniel J. Kramer
I I ?A South Bride Street
Yorkville, Illinois 60560
630153.9500 00
I
EXHIBIT E
USE OF BUJILIE)ING NO. OF DRALTN' U_Ni]'S
STOKES, MEzRCA� 7r!LB AND OFFICE B'UE.DLNGS
Each private tol"'Ic.t
Each public tafflet with no more than three outlets 1 - i2
Each additional oL
Soda Fountain
Grocery Stores & Meat Markets with garbage grinders 2
DRIVE-INS
Each public toilet
Pitchers 1 -Y2
RESTAURANTS AND 'i". ATERS
Food service capaciry No. of persons
0_50
50-100 ?
100-200
Each private toilet
j i - /2
Each public toilet
SERVICE S"rkIIONS
Each Public to 1"',
1 - %2
Wash rack 2
CLUBS
Each toilet
R,estauran' ch urge as above
MOTELS ANI) HOT0
Each room w bath or shower and./or toilet 1/3
Each public. toilet i -%2
Restauta-i'lL charge as above
EXHIBIT E
1}f0 � E TRAl1: ER PAR.,KS
Each trailer space with sanitary sewer or tiet
Each autoratic washer unit
Eacli public toilet* l -%
Each public shower I
LAUNDRIES
Each automatic .washer unit '/2
Each public toilet 1 -%2
SELF SERVICE CAR WASH
I'Gr rack (covered) I
Per rack (uncovered) 4
AUTOMATIC CA7 WASH
Each production line 10
Each public toilet 1 -' /�
NURSING HOMES AND HOSPITALS
Resident capacity -of each building deterrnined from
architect's plans and specifications divided by 4 (Quotient to 2 decimal points)
SCHOOLS
Stl.,dent capacity of each building det:crrnined from
architect's plans'and sped ications divided by 12 (Quotient to 2 decimal` points)
DOI'.MXI OR.LE.S, FRATERNITIES AND SORORII'SES
Resident capacity of each building determined from
architect's plans and specifications divided by 6 (Quotient to 2 de cimal points)
I
STATE OF ILLINOIS ) EXHIBIT E
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006- ?�
ORDINANCE AMENDING ORDINANCE 2003 -79
AND REPEALING ORDINANCE 2005 -40
ESTABLISHING MUNICIPAL WATER CONNECTION FEES IN
THE UNITED CITY OF YORKVILLE
WHEREAS, the United City of Yorkville has taken up, discussed and considered amending
the City Ordinance 2003 -79 regarding Municipal Water Connection Fees; and
WHEREAS, in amending City Ordi.nanoe 2003 -79, City Ordinance 2005 -40 (which
previously amended Ordinance 2003 -79) will by necessity be repealed.
WHEREAS, the Mayor and City Council have discussed that it may be prudent to amend
said Ordinance 2003 -79 to change certain connection fees by substituting the Charts defining
Residential and Non-Residential Connection Fees depicted on the attached Exhibit "A" and
Exhibit "B ", in place of Exhibit "A" and Exhibit "B" in Ordinance 2003 -79.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR riNI D CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by the
majority of those members of the City Council voting, hereby enact the water tap -on fee
schedule set out in the attached Exhibit "A" and Exhibit "B ", and
i
EXHIBIT E
�. Any Ordinance or parts thereof in conflict with the provisions of this Ordinance,
specifically including Ordinance 2005 -40, are hereby repealed to the extent of such
conflict with this Ordinance.
2. The portion of this Ordinance affecting the water connection fee as indicated in
Exhibit "A" and Exhibit "B" shall become effective on June 15, 2006,
JAMES BOCK `.� JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER , , MARTY MUNNS
ROSE SPEARS v. JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
Day of Ch p , A.D. 2006.
MAYOR'
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A.D. 2006.
ATTEST: �..
CITY CLERK -
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
I
EXHIBIT A: RESIDENTIAL CONNECTION FEE EXHIBIT E
20DS WATER SYSTEM CONNECTION FEE UPDATE
United City of Yorkville, Kendall Co., It.
Projected Connection
_ Fee
P.E. Per Based On
Residence Type Residence $1,0571 P.E.
Efficiency or Studio Apartment 1.00 $1,057
1 Bedroom Apartment/Condo 1.50 $1,586
- 2+ Bedroom Apartment/Condo 3.OD $3,171
1 Bedroom Townhome 1.50 $1,586
2+ Bedroom Townhome 3.00 $3,171
Duplex Home 3.50 $3,700
Sinqle Family Home 3.50 $3,700
IE.,OIn�erinfs
L'YStrYPrlae�.
Irc_
i
i
EXHIBIT E
EXHIBIT B: NON - RESIDENTIAL CONNECTION FEE
2006 WATER SYSTEM CONNECTION FEE UPDATE
United City of Yorkville, Kendall Co., IL
Water Water
Meter Connection
Size Fee
Less Than Or Eaual To V $3,700
112" $4,000
2" $5,0D0
3" $8,000
4° $15,000
6" and Larger TBD
Legend
Non - Residential Land Use shall be considered all
land uses other than those defined in Exhibit A, Page 1
TBD = Connection Fee To Be Determined By City
Council on a Case -By -Case Basis
Enplrseniring
Erato rprl eoe.
Inc.
I
EXHIBIT E
STATE OF ILLINOIS ) 4W9-7
COUNTY OF KENDALL )
5.16.97
ORDINANCE ESTABLISHING A FEE TO FUND A NEW SANITARY SEWER
RIVER CROSSING IN THE UNITED +CITY OF YORKVILLE
WHEREAS, the cost of providing sanitary sewer service has risen substantially over the last
several years; and
WHEREAS, the City of Yorkville has been required to provide sanitary sewer services and
maintenance as a result of the increase in development and usage of City sanitary sewer mains; and
WHEREAS, the Yorkville Bristol Sanitary District which provides sanitary sewer treatment
for the sewage transmitted through the City of Yorkville sanitary sewer mains has experienced a
dramatic increase in demand for treatment of sanitary sewage; and
WHEREAS, studies conducted by the Yorkville Bristol Sanitary District and considered by
the City of Yorkvilles Engineer and Economic Development Committee have shown and found that
there is not sufficient capacity in the current Fox River crossing siphons to transmit sewage to the
Yorkville Bristol Sanitary District Treatment facility located on the north side - of the Fox River,
capable of addressing the demands from new development; and
WHEREAS, City of Yorkville will front fund the cost of a new river crossing by the Yorkville
Sanitary District; and
WHEREAS, the City has established a fund to recover $595,000.00 to be given to the
Yorkville Sanitary District by the City for the construction of a river crossing to transport sewage to
the Yorkville Bristol Sanitary District plant on the north side of the Fox River.
-1-
EXHIBIT E
NOW THEREFORE BE IT ORDAINED BY THE UNITED CITY OF YORKVILLE a
Sanitary Sewer :River Crossing Fee is hereby established to fund a sanitary sewer river crossing in the
UNI'T'ED CITY OF YORKVILLE under the following terms:
1. A fee is hereby established payable for each P.E. or Drain Unit at the issuance of every
building permit issued by the United City of Yorkville, for any parcel of real property located within
i
the Sanitary Sewer Service area depicted in the attached Exhibit "A" incorporated herein by
reference.
A) For purposes of residential sanitary sewer conversions, F.E. shall be calculated at the
rate of $25.00 per P.E. for single family residential properties. -
B) For all other properties the fee shall be calculated on the basis of $25.00 . per Drain
Unit, as calculated per Ordinance No. 46 -11.
C) The above fees will in addition, accumulate interest from the time of expenditure by
the City at a rate of 8% per annum.
2. The above fees are to be paid for all building pernuts issued on real property located within
the Sanitary Sewer Service area depicted in the attached. Exhibit "A" incorporated herein by reference
for which a new sanitary sewer connection is required.
3. The fee is applicable to both areas within the United City of Yorkville and areas/property
outside the City boundaries which hooks -on to the City of Yorkville Sanitary Sewer System and
serviced by Yorkville Bristol Sanitary District Plant.
4. This fee shall be required to be paid on all affected real properties after the effective date
this Ordinance is passed and approved by the City Council; and due publication thereof.
5. The fees to be charged under the terms of the Ordinance shall be imposed for a period of
-2-
i
EXHIBIT E
20 years from the date of the passage of this Ordinance by the City Council of the United City of
i
Yorkville.
This fee is in addition to any other fees charged by the City of Yorkville for any other purpose
including any other sanitary sewer fees.
That should any provision of this Ordinance be found to be invalid then the remaining portion
of the Ordinance shall remain in full force and effect. This Ordinance shall be effective as to all
}wilding permits issued by the UNITED CITY OF YORKVILLE starting June 1, 1997
Passed and a proved this ay of 1997.
.0
YOR
ATTEST: 04hclul
CITY CLERK
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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Exhibit "F"
The following listed uses shall be prohibited uses in the B -3 Service Business District zoned portion of the
SUBJECT PROPERTY.
B -1 Limited Business District
1. Substation
B -2 General Business District
1. Dance Hall
2. Pawn Shop
3. Reducing Salon, Masseur, and Steam Bath
B -3 Service Business District
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1. Agricultural Implement Sales and Service
2. Business Machine Repair
3. Feed and Grain Sales
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4. Kennel
5. Taxicab Garage
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ILLINOIS ROUTE 47 IMPROVEMENTS - NORTH
PRELIMINARY AND DESIGN ENGINEERING FUNDING - 50150 SPLIT - FRONTAGE AND TRAFFIC
UNITED CITY OF YORKVILLE, KENDALL COUNTY, IL
MAY 3RD, 2006
PROPERTY /DEVELOPMENT
Del Webb/ Bailey Westbury Schramm Bristol North- O'Keefe Ratos Comeils Pacific
CATEGORY Pulte Meadows Village Property Bay Gate Property Property Crossing Homes TOTAL
Size
Commercial (Acres) 110 21 34 176 9 28 136 37 - - 551
Residential (units) 525 342 822 - 2,075 - - - 30 230 4,024
Rte 47 Frontage (LF) 4,200 1,900 5,200 3,200 1,400 1,500 3,900 1,300 - - 22,600
Rte 47 Traffic (ADT) 15,550 6,350 10,800 16,880 14,850 5,200 14,280 6,200 180 1,380 91,670
Rte 47 Access Point 1.00 0.50 0.50 0.75 0.50 0.25 1.25 0.25 - - 5.00
ir_ - - *:g -;' "7'1,'!-`15". �
��." ,. .. _ _ .-... .r .... •1.. -,. .. , , .. .. • . a . a...'?. j,'. 4,��;C'„�" ":':'. . ^..� �•';:i •: ^C,..�+. F,•�Q`i ,. r {�';.rn _.. e?!!�'~ + . i•.�..— .. ",`K`:.�
POTENTIAL COST SHARING METHODS
50% OF ENGINEERING TO BE FUNDED BASED ON ROUTE 47 FRONTAGE
(%) 18.58% 8.41% 23.01% 14.16% 6.19% 6.64% 17.26% 5.75% 0.00% 0.00% - 100.00%
Cost Share 1 $ 109,925 49,728 $ 136,0971 $ 83,752 $ 36,642 $ 39,259 1 $ 34,0241 $ - 1 $ - 1 $ 591,500
50% OF ENGINEERING TO BE FUNDED BASED ON ROUTE 47 TRAFFIC
(%) 1 16.96 %1 6.93 %1 11.78 %1 18.41 16.20 %1 5.67 %1 15.58%1 6.76 %1 0.20 %1 1.51 %1 100.00%
$ 1
Cost Share 100,3361$ 40,973 $ 69,687 $ 108,918 $ 95,8201$ 33,5531$ 92,1421$ 40,0051$ 1,1611$ 8,9041$ 591,500
TOTAL CONTRIBUTIONS PER DEVELOPER
( %) 17.77% 7.67% 17.40 11.20%� 6.15% 16.42% 6.26%
Cost Share J $ 210,261) $ 90,701 l ,78 $ 132,461 $ 72,812 $ 194,215 J 0.10% 0.75% 100.00%
$ 74,030 $ 1,161 $ 8,904 $ 1,183,000
�.'q^J -''.IY .. ,' '.,i.:1�. A
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G:\Public1Yorkvil1e\2005 \Y00537 IL Route 47 Improvement Plans \EngiDEVELOPMENT SUMMARY.XLS]REV ENGINEERING (P &D) FUNDING
Traffic Estimate Assumptions
Commercial Residential Phase I Engineering $358,000
.20 FAR 10 daily trips per unit Design $825,000
30% pass by 60% using IL 47 Total $1,183,000 In
60% using IL 47
W
=-I
ILLINOIS ROUTE 47 IMPROVEMENTS - NORTH
PRELIMINARY ENGINEERING FUNDING - 50150 SPLIT - FRONTAGE AND TRAFFIC
UNITED CITY OF YORKVILLE, KENDALL COUNTY, IL
MAY 3RD, 2006
PROPERTYIDEVELOPMENT
Del Webb/ Bailey Westbury Schramm Bristol North- O'Keefe Ratos Cornelis Pacific
CATEGORY Pulte Meadows Village Property Bay Gate Property Property Crossing Homes TOTAL
Size
Commercial (Acres) 110 21 34 176 9 28 136 37 - - 551
Residential (units) 525 342 822 - 2,075 - - - 30 230 4,024
Rte 47 Frontage (LF) 4,200 1,900 5,200 3,200 1,400 1 3,900 1,300 - - 22,600
Rte 47 Traffic (ADT) 15,550 6,350 10,800 16,880 14,850 5,200 14,280 6,200 180 1,380 91,670
Rte 47 Access Point 1.00 0.50 0.50 0.75 0.50 0.25 1.25 025 - - 5.00
�Y� +�S...r.,.- n _ .r.. _ ':. -' ' F '� , C " "„ •>,,.•n�,., ,7 ..��'�a. ?r F. .`.•:IFiyj;;;,l`,• ...':•ri� :i ,• .. 4i ?•5 ,4 h 7i`1P"_'4!i^$, r;-.": .'c`u,"'.
POTENTIAL COST SHARING METHODS
50% OF ENGINEERING TO BE FUNDED BASED ON ROUTE 47 FRONTAGE
N 18.56% 8.41% 23.01% 14.16% 6.19 %1 6.64% 17.26% 5.75% 0.00% 0.00% 100.00%
Cost Share 1 $ 33,265 15.049 41,186 $ 2 $ 11,088 $ 11,881 1 $ 30,889 1 $ 10,296 1 $ - 1 $ - 1 $ 179,000
50% OF ENGINEERING TO BE FUNDED BASED ON ROUTE 47 TRAFFIC
( /o) 16.96%1 /0 11.78% 18.41% 16.20%1 5.67%1 15.58 /a 6.76% 0.20% 1.61 100-00%
Cast Share 1 $ 30,3641 $ 12,3991$ 21.089 $ 32,961 28,9971 $ 1 $ 27, $ 12,106 0 351 2,695 179,000
TOTAL CONTRIBUTIONS PER DEVELOPER
N 17.77% 7.67% 17.40% 16.29% 11.20% 6.15% 16.42% 6.26% 0.10% 0.75% 100.00%
Cost Share $ 63,6291 $ 27,4481 $ 62,2751$ 5 $ 40,0851$ 22 $ 58,773 $ 22,4031$
3511$ 2,695 J $ 358,000
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G:WubIIc1Yorkvil1e%20051Y00537 IL Route 47 Improvement PlanslEngIDEVELOPMENT SUMMARYALSIREV ENGINEERING (P) FUNDING
Traffic Estimate Assumptions
Commercial Residential Phase I Engineering $358,000
.20 FAR 10 daily trips per unit
30% pass by 60% using IL 47
60% using IL 47
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