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Ordinance 2006-120
200700015756 Filed for Record in KENDALL COUNTY► ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON ss 05 -15 -2007 At 11:15 am, COUNTY OF KENDALL ORDINANCE 45.00 RHSP Surcharge 10.00 I ORDINANCE NO. 2006- a0 AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR 101 E. CENTER STREET WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement (Attached hereto and made a part hereof as "Exhibit "A ") and WHEREAS, said Development Agreement has been reviewed and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Development Agreement are ready, willing and able to enter into said Development Agreement and to perform the obligations as required hereunder; and WHEREAS, the procedures for the execution of said Development Agreement have been fully complied with; and WHEREAS, the property described therein shall become subject to the provisions contained the said rezoned. Page 1 of 3 i l i NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement, a copy of which Development Agreement is attached hereto and made a part hereof as Exhibit "A" and the property at 101 E Center Street described therein shall be developed according to that Agreement. Section 2: The preambles are incorporated by reference in to the approvals in this Ordinance. 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 BURR c O PAUL JAMES JASON LESLIE _ MARTY MUNNS ROSE SPEARS . =C5 DEAN WOLFER Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a )�k Day of © . A.D. 2006. MAYO Page 2of3 i Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of CN ' , A.D. 2006. ATTEST: CITY CLERK Prepared by. John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 i I DEVELOPMENT AGREEMENT `Kritzberg' I This Development Agreement hereinafter referred to as "Agreement ", is made and entered into this ay of 1 ���, , 20C� , by and between, Gary and Susan Kritzberg, hereinafter referred to as "OWNER ", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY ". The OWNER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER is the Owner of certain real property, hereinafter referred to as the "Property", located in the CITY and legally described as set forth in Exhibit "A" attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is located at 101 E. Center Street in Yorkville and consists of approximately .2938 acres; and WHEREAS, the OWNER seeks a zoning amendment to allow for uses permitted within the B -2 zoning classifications to exist on the property; and I WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety, prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS, the OWNER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and OWNER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein, the Agreement shall control. 1 i i ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Site Plan attached hereto and incorporated herein as Exhibit "B ". ARTICLE III SIGNAGE PROVISIONS The OWNER agrees to the following signage regulation: 1. No signage on the property may be internally illuminated; 2. No pole signs are permitted on the Property 3. Two (2) wall signs or in the alternative One (1) wall and /or one (1) ground sign may be permitted on the Property; 4. Maximum sign area of any sign on the Property shall be no more than thirty -two (32) square feet for each sign and be pursuant to the Concept Sketch attached hereto and incorporated herein as Exhibit "C" I, I 2 II i I ARTICLE IV EFFECTIVE DATE The Recitals set forth above are deemed to be material covenants and entitlements under this Agreement. The Covenants and Variances granted as to the setback requirements pursuant to this agreement shall be treated as covenants running with the land and the Successors, Heirs, and Assigns. The effective date of this Agreement shall be the date this Agreement is approved and executed by the OWNER and CITY. I CITY: OWNER: UNITED CITY OF YORKVILLE, Gary and Susan Kritzberg an Illinois municipal corp ation By: By: &41417 6 Title: Mayor Attest: 01 Attest: Tit City Clerk �- ` Dated: Dated: /Q aV 4� 3 i � i I Exhibit " A " Legal Description of Property at i 101 East Center Street, Yorkville, IL: I LOT 5 IN BLOCK 13 OF THE ORIGINAL VILLAGE OF BRISTOL, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS I �I I x byte eb � �z e2 EXHIBIT B utryity a.s Sauth '� Iron pde_.v "�/... , ` , -, Stoke b Vd of b• k �' C,4 /[[ b1.b" bZ � ``��... -� �q, • •� � Pence PROPOSER t v Ol t Cast ` MAC � L�Ltce S#�etLCe YV A, - , L ,v Ago 1k r1 « ,i � ,. 4 �e f `1 •., y f v y �4. k L: Iy D7C y PARKING • �.` � �' ��x strnr��, , r . 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