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Plan Council Packet 2013 06-27-13 1�0 C►;P-© United City of Yorkville 0 ' %A 800 Game Farm Road EST. _ 1836 Yorkville, Illinois 60560 4 Telephone: 630-553-4350 Q� r p Fax: 630-553-7575 a� 2 <Lt.E ►4w PLAN COUNCIL AGENDA Thursday, June 27, 2013 9:00 a.m. City Conference Room 1. Minutes for approval November 29, 2012 2. PC 2013-04 & PC 2013-05 Priority Health Annexation & Rezoning Adjournment PLAN COUNCIL Thursday, November 29, 2012 9:00 a.m. Yorkville City Hall Conference Room 800 Game Farm Road, Yorkville, IL 60560 Attendees Krysti Barksdale-Noble -United City of Yorkville Bart Olson-United City of Yorkville Jeff Weckbach-United City of Yorkville Brad Sanderson—E.E.I. for the United City of Yorkville Laura Schraw-United City of Yorkville Pete Ratos -United City of Yorkville Eric Dhuse - United City of Yorkville Deputy Chief Larry Hilt, United City of Yorkville Police Mike Torrence, Bristol Kendall Fire Department Dan Kramer—Petitioner's Attorney James "Jim"Ratos, Petitioner Lynn Dubajic—YEDC (arrived approx 9:15am) Jason Pesola—Pesola Media Group Ron Bauer—RB & Associates Chris Bauer—RB &Associates Frank Willman—Willman & Groesch Dave Kellogg The meeting was called to order at 9:00 a.m. by Brad Sanderson. The minutes from the last meeting (February 23, 2011)were approved as submitted. Kendall Crossing Development Preliminary and Final Plats: Mr. Sanderson opened the discussion by stating City staff had put together some comments (provided) and asked Mr. Kramer opened with some of his responses so the Plan Council could decide how to discuss the other items. Mr. Kramer suggested first going over the engineering review from November 20, 2012. Preliminary Plat Review: 1. A legal description should be added to the first sheet of the plat- Mr. Kramer said a number of the mechanical ones had no problems at all and Ron (Bauer) was going to do a preliminary plat review for legal description and site data. 2. A site data table should be added including the pertinent items noted in the PUD Ordinance. The parking stall dimensions should be provided in the site data table—(not addressed) 3. The lots should also depict building footprints and dimensional setbacks. Information regarding purpose/use and heights of buildings should also be provided. - The lots on the building footprint will be the theatre building. As far as the other lots, at this time there is no way of knowing who the users will be there so supplying footprints at this time is not possible. He stated Ron could at least set the set-backs. Mr. Kramer wondered if they should at least provide "side lot lines; or set-backs" on the plat knowing that in all likelihood, they are going to shift with the different type of users. He asked if there could be a statement on the plat that the side set-backs will be determined by end-user. Ms.Noble said that if it is a minor revision, it can be approved administratively. If it's a major revision, they would need to go back and re-visit the issue. They are allowed to do anything minor that doesn't increase density. Mr. Kramer asked that in the final PUD agreement call out that there is anticipation there may be minor revisions on side-yard setbacks. 4. The existing zoning and land use of adjacent property within 500' of all sides of the site should be noted. -Regarding existing zoning, Mr. Bauer stated he did not have everything within the 500 feet shown. Mr. Kramer said when it reaches 500 feet, it starts getting into residential users. He would like to see it stated that, `this area of block 1 of Countryside is all single family; this is all R4; etc." Ms Noble said that was all they would need to do. 5. There appears to be several existing easements within the proposed development. The text is illegible. The existing easements need to be depicted clearer. -Mr. Kramer said they now have the title report and Mr. Bauer has the back up documents. Mr. Bauer said there was some confusion with the existing utilities and the J.U.L.I.E. report did not locate everything they asked for and will probably ask for new markings to fill in the missing gaps. 6. The developer should provide comment on the intentions of the proposed easement that traverses through the middle of several lots. Proposed easements need to be clearly defined. -Mr. Sanderson asked Mr. Dhuse if the utilities belonged to the city at that time and he said the storm sewer did not; sanitary and water did. Mr. Sanderson questioned whether some of the islands were in the right location and how they were going to match up with the proposed turn lanes. He said more detail was necessary. 7. Detailed topography of the intersections of the interior streets with Countryside and Center Parkway should be provided.—(not addressed) 8. A better understanding of how the proposed development will maintain or not maintain access points with neighboring lots should be provided.— Mr. Kramer asked Mr. Sanderson if he answered his question. They did a narrative in the sense that Mr. Bauer did a final plant, looking at a lot of angles from the title company. They had him number, as a separate lot, all of the internal private roadways. Their intent, upon closing, is to have an LLC form that will take title named Kendall Crossing LLC as the legal title holder in which Mr. Ratos' group will own the lots. The common lot (that will be the streets) will be owned by Kendall Crossing Businessmen's Association; an Illinois not-for-profit. They will then have a detailed OEA (Operation Easement and Access Agreement) as to all of the lot owners who will have a vote and ownership in that and it can't be separated from that ownership. There will be detailed terms on maintenance and ownership. 9. Existing water main should be shown.—Mr. Bauer said it just didn't get shown on the preliminary plat, but they have located and verified it all. 10. Soil borings should be submitted for review. - Mr. Kramer verified that Mr. Ratos just gave them to Mr. Sanderson. 11. Any proposed loading areas should be identified on the plans.—It was determined that a loading dock would not be necessary since normal traffic would be via hand truck into the theatre. There is a"pull-off area" for truckers to unload merchandise. There is a double-door for deliveries. 12. It is unclear whether the sheets labeled "Topographic Survey" are a continuation of the "Preliminary Plat." If so, the titles should be changed. - Mr. Bauer explained these two items were separate on the original check sheet so that's why he submitted `topographic survey' separately. It was very difficult to get everything on the preliminary plat so he just submitted both of them at the same time. Mr. Kramer asked Mr. Sanderson if he needed any changes or was it acceptable; and he said he believes Ron understands. 13. A preliminary engineering plan has not been submitted, rather the petitioner is moving immediately to final engineering.—Everyone is trying to use what they have and recycle stuff. Mr. Ratos has already spent $150,000 on this project and has nothing to show for it until Monday when he meets with `the guy' coming in here Monday and hopes to have things worked out and done. He appreciates the patience of the City and they need a little "grey area" from the Council to get to the next point. Right now they're trying to finalize the grading in the parking lot. Final En2ineerin2 14. A storm water management report needs to be submitted.—Mr. Sanderson said they need to indicate what the proposed impervious is and what the estimate is on existing facilities and they need to provide some narrative and calculations along with that for what they need. Ms. Noble injected on the City's end,the County has adopted their new stormwater management effective January, 2013. The City had to provide a list of developments that were exempt and they included this development as exempt as a good faith gesture from the City's end and would appreciate more information to back this up. Mr. Sanderson just asked for calculations. 15. A traffic study needs to be submitted.— Mr. Kramer questioned the feasibility of this request from IDOT. Ms. Noble answered that was the purpose of asking for it. Mr. Kramer assured them if IDOT requires it, they will do it. (ITEMS 16 through 20) - 16. The plans are generally incomplete; therefore,we are only able to offer a partial review.— 17. The City's construction notes for water main construction and YBSD's notes for sanitary sewer construction need to be added to the plans.— 18. Detailed proposed grading needs to be provided.— 19. Lot lines and property lines need to be shown on the plan sheets.— 20. Roadway widths need to be dimensioned.— Mr. Kramer said theses items were more "clean-up," as they have already been addressed in one fashion or another and he didn't see any issues at all with any of them. (ITEMS 21 and 22) - 21. The amount of proposed storm sewer inlets within the parking areas appear to be inadequate. Please note that a maximum of six inches is allowed for ponding with a 10-year design storm.— 22. Rims and inverts of existing and proposed utilities need to be shown.— Mr. Kramer said he needed Mr. Bauer and Mr. Sanderson to chat to make sure they were on board with both of those items. Mr. Bauer questioned if "six inches"was a City ordinance and Mr. Sanderson said it was. 23. The existing water main and sanitary sewer are in poor condition. The replacement of this infrastructure should be discussed.—Mr. Kramer said they needed input from Mr. Dhuse, Mr. Kellogg and Mr. Ratos. Mr. Ratos said he just had all of the sewer lines camera'd and they're in good shape as far as sanitary. He will provide copies of the findings from Kuhn Plumbing. Mr. Kellogg said there was a revised concept for sanitary is now one connection. He would like to replace the water section in front of the theatre for starters. They would boost it up to 12"to the main line and there is a service connection for water and fire. Mr. Dhuse said Mr. Kellogg should talk to fire protection about service connections. (ITEMS 24 through 27) 24. All appropriate utility permit applications need to be submitted for review.— 25. Appropriate details need to be added to the plans.— 26. The final engineering plans need to be submitted to IOT for review and comment. Any comments from IDOT should be provided to the City.— 27. The plans need to be submitted to YBSD for review. Please forward their comments to us upon receipt.— Mr. Kramer said these were more general comments about what needs to be included for review and they have no objections to any of those. 28. A clean version of the photometric plan needs to be submitted. The version that was provided is difficult to read. As required by City ordinance, a minimum of 1.0 foot-candles measured at the adjoining property lines must be met.—Mr. Kramer asked Mr. Sanderson if he received the disc from the photometric people and Ms. Noble said she had the disc. 29. A cost estimate for the proposed improvements needs to be provided. - Mr. Kramer knows that for bonding purposes they need to have the cost estimates so they'll get a little bit further along and then with some of these things, particularly with IDOT, become clearer he'll be able to present to the City a "phase construction schedule." Mr. Kellogg said they hope to have engineering plans by December 15. Also, he has come up with a plan with Jason Pesola that if they go over budget on this, they are going to help subsidize this,to a degree, because they do have some of that TIF money; but the City has to know that they are giving these people $1,500,000 in incentives to come here that his company is giving them. The money is a very big deal because the money they are getting; they are giving back. They're hoping that by the theatre coming in, it will make the other lots more valuable and, in turn, bring in more money, tax dollars, etc. It's all contingent on the theatre coming in to Yorkville. 30. A proposed construction schedule needs to be provided. - Ms. Noble said December 12 Plan Commission wouldn't go to City Council until Dec 19. Mr. Kellogg asked if they could then move dirt and Ms. Noble said first they would need a final. Final Plat Review (ITEMS 31 through 37) 31. The minimum font size should be 8pt. Currently, numerous items are difficult to read. 32. The Public Utilities and City Collector's certificates should be removed. 33. The City Utility Easement provisions are incorrect and should be replaced with the Public Utility language. 34. The private utility easement provisions are shown on both sheets; one should be removed. 35. Building setback lines need to be shown. 36. Provisions for access easements need to be provided. 37. The widths of adjacent right-of-ways need to be shown. Mr. Kramer said, once again, these are mostly clean-up items. These are things we need to provide and he has no objections. Mr. Kellogg said they are planning on putting two lifts of 4" on the main road and two lifts of 3" on the parking lot. Landscaping The meeting was then turned over to Ms. Schraw to cover landscaping. She said her Nov 20 memo should cover everything. Mr. Ratos asked if the PUD could override this and Ms. Noble said the PUD can allow for variances. He then asked them to approve the plan as is so they could get this thing done. Mr. Kramer reiterated that Ms. Schraw was looking for items 1-7 to be identified on plan and 8 really gets to the heart of number of trees and density of landscaping. A question was raised about the landscape buffer and Ms. Schraw said it just needed to be indicated on the landscape plan. Mr. Kramer is sure the landscaper can find a replacement for the Autumn Blaze Maple. General Memo Ms. Noble said she needs an overall plan that calls out a site date and parking stall dimensions. Mr. Kramer addressed the written plan development schedule and said after Mr. Ratos meets with the NCG owners, they should have a idea of quickly or slowly they want to go. He should be able to provide side-by-side improvements with the public improvements going on at the same time. He also mentioned to Mr. Ratos that they need to look at re-doing the brick monument entry signs—he would like to see at least elevations from Aurora Sign Co. Roof-top equipment will be in the middle of the building, not visible from ground level. Meeting adjourned 9:57 am Minutes respectfully submitted by: Bonnie Olsem, Administrative Secretary Cpl O a �I 0 Memorandum EST. 1 ! 1836 1 To: Plan Council From: Krysti Barksdale-Noble, Community Development Director "e dae C—ly CC: Bart Olson, City Administrator <LE Date: June 24, 2013 Subject: Priority Health—Request for Annexation and Rezoning West of Route 47 (south and adjacent to the Sunset Hotel) I have reviewed the proposed request from Priority Health & Body Makeover, Inc. regarding the approximately 1.5-acre property located west of IL Route 57, just south and adjacent to the Sunset Hotel, to be annexed with the City of Yorkville's corporate boundaries and zoned B-2 General Business District. The following is a summary of my review comments: General Zoning Comments: • Existing Land uses and zoning within the general area of the Subject Properties are as follows: Existing Zoning Existing Land Use Comments North B-3 Service Business District Commercial Sunset Hotel South B-3 Service Business District Commercial Aqua Paving and Construction located at 807 N. Bridge Street. East B-3 Service Business District Commercial Retail Strip Development; Intervening Transportation Land Use(IL Rote 47). Residential properties located at 1004 West R-2 One-Family Residential Residential and 1006 Sunset Avenue.Dense line District of vegetation between subject property and residences. B-2 Zoning Comments: • What is the proposed use of the lot after annexation and rezoning? This will establish compliance with the required use and possibly bulk requirements within the B-2 district. • The minimum lot requirement for B-2 is 10,000 square feet; if the property is not intended to be subdivided, the current total area of 1.5-acres complies. • Maximum lot coverage permitted in B-2 is 80% (Section 10-7C-5). • The maximum height of future buildings or structures within the B-2 District must comply with Section 10-7C-6 of zoning ordinance of 6 stories or eighty-feet (80'), whichever is less. • Required minimum setbacks for B-2 zoning are as follows: Front Yard=No requirement; Side Yard (interior) = 20 feet between buildings; Corner Side Yard = 30 feet; Rear Yard =20 feet. • Transitional Yards are required where side or rear lot lines coincide with a residentially zoned district (west). A yard of not less than thirty-feet (30') is required and must be maintained only when the adjoining residential district is zoned R-1 or R-2 One-Family Residential. Other Code/Ordinance Considerations: • Comprehensive Plan- The parcels are located within an area designated as "Commercial" within the 2008 Comprehensive Plan. The intent of the Commercial designation is to include such uses as retail, service, restaurant, entertainment, etc. which promotes market-sensitive development. • Off-Street Parking- and Loading — Any future development will be subject to the provisions of the City's Off-Street Parking and Loading requirements. • Landscape Ordinance - Any future development will be subject to the provisions in the City's Landscape Ordinance. Annexation Agreement Comments: • The City Attorney has reviewed the submitted Annexation Agreement draft prepared by the Petitioner's attorney and has made revisions. Attached is a marked-up version of the City Attorney's comments and final clean version of those same comments. r ofr June 18, 2013 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Priority Health United City of Yorkville, Illinois Dear Krysti: We are in receipt of the plat of annexation dated May 3, 2013 for the above referenced project. Our review of these plans is to generally determine their compliance with local ordinances and whether the improvements will conform to existing local systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review, we cannot and do not assume responsibility for design errors or omissions in the plans. As such, we offer the following comments: 1. The existing corporate limits need to be shown. 2. The attached City certificate needs to be added to plat. 3. "Hereby Annexed" needs to be added to the area being annexed. If you have any questions or if you require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Bradley P. Sanderson, P.E. Vice President Enclosure PC: Mr. Bart Olson, City Administrator Mr. Eric Dhuse, Director of Public Works Ms. Lisa Pickering, Deputy Clerk Mr. Dan Kramer JAM, EEI WiIkyway\EEI_Sto rag e\Docs\Public\Yorkv1lle\2013\Y01324-DR Priority Health Site Improvements\Docs\I review annexation01.doc Road,52 Wheeler Sugar Grove, 60554 1 466-6700 • 1 466-6701 -• • STATE OF ILLINOIS) )ss COUNTY OF KENDALL) THIS IS TO CERTIFY THAT THE TERRITORY DESCRIBED AND SHOWN HEREON WAS INCORPORATED INTO AND MADE A PART OF THE UNITED CITY OF YORKVILLE, ILLINOIS BY ORDINANCE No. ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, ILLINOIS, THIS DAY OF , 2013. CITY CLERK r ��• � � 101 � - � �� t _ 0151, , y � I, • Wit. u , 0 Walnut St 8.07 --. Sim" 906 805 ,; 1 910 - +, .. yj �' `; < 47 m . l 4. N 803 Jackson-St 801 40. �148 United City of Yorkville GIS The Data is provided without warranty or any representation of v Y curacy,tim liness,or completeness.It is the responsibility of the 4t Parcel Data and Aerial Photography `Reque "to determine accuracy,timeliness,completeness,and W c Provided By Kendall County GIS appropriateness of its use. The United City of Yorkville makes no warranties,expressed or implied,to the use of the Data. S EST 1876 0 , uc LE ``00 United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553 -4350 Fax: 630-553-3436 APPLICATION FOR REZONING An application for Map Amendment, or commonly referred to as "rezoning", is a request to reclassify a property from one zoning designation to within another zoning district. Requests for rezoning must not be merely arbitrary, but has to have validity as to the appropriate zoning classification for the existing or proposed land use in consideration of certain factors such as: the existing land use and zoning of the surrounding properties; suitability of the land use within the current zoning district; the trend of development in the general area; impact the proposed rezoning would have on traffic; the potential diminishment of property values due to the rezoning; and the promotion of public health, safety, morals or general welfare of the public as a result of the proposed rezoning. This packet explains the process to successfully submit and complete an Application for Rezoning. It includes a detailed description of the process and the actual application itself (Pages 6 to 12). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Rezoning Request process, please refer to "Title 10, Chapter 14, Section 7 Amendments" of the Yorkville, Illinois City Code. 1 Application PrOCC(ILII-C Procedure Flow Chart ,. It . 't Step 1 Sul t � AppLcarion, Fees,` nd A1hPettipent Infonnattdn to,the ommumty l) v�lopme I I De sriineiit ; A ,.3 n I ii, mfl, . rl r{t ill it A I it - 1t fi r= 5" r It I s 1 1� able k , t xFlarnCouktt 'eview 'rat; (Meets2ntlaad4th"ptiuNgtay�ofthet�bti'th) It ; d It 4' -, r `' r `W 7 a ' h ' , :. p, �', ' p r d die i = eA i = e is 44� 3':" r s-n$ : +ttieJ i? hp �, ,. :�, i, It flan Com ntsst[fn 1lta FIear ng %lvleets ,Ad Wednesday of the Mgnth)A%AA A It Al, +, .' �r t ' F i r 1 z S r Ad t {>th ipz r ' , wui c.rvji ' s 1 At City Council Piiblso Hearing (Meets 2nd and`4th` Wednesday of Elie Montli)`` At r ` h , 2 Application ProcedIII-C Step I Application Submittal The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. • 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) • 1 CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1 ) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council (If Applicable) Applicant may present the proposed request to the Plan Council . The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director, City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council, applicant will move forward to the Plan Commission hearing. Plan Commission Applicant will attend a public hearing conducted by the Plan Commission. The Plan Commission meets on the 2nd Wednesday of the Month at 7 :OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. The Plan Commission will conduct a public hearing on the request, take public comments, discuss the request, and make a recommendation to City Council. 3 Application ProcedUl-C Step 4 City Council Applicant will attend the City Council meeting where the recommendation of the rezoning request will be considered. The City Council meets on the 2nd and 4th Tuesdays of the month at 7 :OOpm . City Council will make the final approval of the rezoning request. Dormant Applications The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 EO ctr'k United City of Yorkville ,4 C 1 T 800 Game Farm Road Yorkville, Illinois 60560 1am Telephone: 630-553-4350 Fax: 630-553-7575 INVOICE & WORKSHEET PETITION APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I I No $ Engineering Plan Review Deposit of$500 due Amendment: I I Yes [ ] No $ $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I I Yes [ ] No $ $250.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Rezoning: I I Yes [ ] No $ $200.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $200 If annexing and rezoning, charge only I per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. Special Use: I I Yes I I No $ $250.00, plus $10/acre for each acre over 5. # of acres: - 5 = x $10 = + $250 Zonine Variance: $85.00 I I Yes I I No $ Outside Consultants deposit of $500.00 due Preliminary Plan Fee: $500.00 11 Yes I I No $ P.U.D. Fee: $500.00 11 Yes I I No $ Final Plat Fee: $500.00 11 Yes I I No $ Eneineerine Plan Review Denosit I I Yes I I No $ 11 Less than 1 acre = $1,000 due J Over I acre and less than 10 acres = $2,500 due Over 10 acres and less than 40 acres = $5,000 due Over 40 acres and less than 100 acres = $10,000 due Over 100 acres = $20,000 due Outside Consultants Denosit: I I Yes I I No $ Legal, Land Planner, Zoning Coordinator, Environmental Services Annexation Subdivision Rezonine and Special Use: I I Less than 2 acres = $1,000 due I I Over 2 acres and less than 10 acres = $2,500 due I I Over 10 acres = $5,000 due DOTAL AMOUNT DIIE: Wood/ 0 Drive/ Dev. No. ARO/ Fw Shed WWi 5 isTA1[1wt a J t ia, f 1 X i 1 I ZIF 44 r t Data of}�UD t9$IOn r sl 0T t� ?w,r.^ t,G .^ iJ till r j s ei „� Fs fd .,.'6 et1y4 > ,w7 Applicant Information Name of Applicant(s) FPriority Health and Body Makeover, Inc. , an Illinois Corporation Business Address 1201 E. Veterans Parkway City Yorkville State I IL ZIP 60560 Business Phone 309-737-9298 1 Business Fax Business Cell Business E-mail priorityhealthinc @gmail .com Property Information Name of Holder of Legal Title Castle Bank, A Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein : Property Street Address I Route 47 , Yorkville, Illinois Description of Property's Physical Location west side of Route 47 (south and adjacent to the Sunset Motel ) Zoning and Land Use of Surrounding Parcels North B-3 Service Business District East B-3 Service Business District South B-3 Service Business District West City Current Zoning Classification Kendall County Requested Zoning Classificaion B-2 General Bus Comprehensive Plan Future Land Use Designation I Business Total Acreage 2,5 Kendall County Parcel Number(s) Within Proposed PUD 02-28-303-019 02-28-303-020 6 Application 1 , 01 Rezollino Property List all governmental entities or agencies required to receive notice under Illinois law: None Is the property within City limits? Yes No Does a floodplain exist on the property? Yes No ❑✓ Attorney Name I Daniel J . Kramer Address 111 07A S . Bridge Street City Yorkville State IL ZIP 60560 Phone 630-553-9500 Fax 630-553-5764 E-mail I dkramer @dankramerlaw.com Engineer Name Ron Bauer- Surveyor Address 14 West Main Street City Plano State IL ZIP 60560 Phone 630-552-7599 Fax 630-552-7702 E-mail ron @rb-associates . net Planner Name I N/A Address City I State ZIP Phone Fax E-mail 7 Application For Rezonino Rezonino Standards Please state the existing zoning classification(s) and uses of the property within the general area of the proposed rezoned property: The zoning classifications are mix of classes surrounding the subject property. To immediate west is open space for the Beecher Center where the United City of Yorkville has numerous athletic fields adjoining the property. To the east it is a mix of B-3 and Multi-Family Residential with duplex use and limited commercial use for a retail shop and hair salon . To the south and north it is a mix of business use zonings for heavier commercial uses and destination business uses such as a travel agency, dentist office and hotel . Most of the uses surrounding us are heavy or more intense uses in terms of number of trips in and out of those locations. Please state the trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification: The trend of development in the area is for destination type business and office use located adjacent to State Route 47 which is a heavily traveled commercial highway. Please state the extent to which property values are diminished by the particular zoning restrictions: the property is totally unsuitable for its County Zoning at this time because it is not served by municipal services and has remained undeveloped for a period in excess of 30 years. The proposed use would bring valuable tax revenue to all of the local taxing districts and provide an end user that is a destination type user not significantly impacting the traffic flow on Route 47 in any fashion and would provide the visability needed for the health care business. Please state the extent to which the destruction of property values of plaintiff promotes the health, safety, morals, and general welfare of the public: The proposed zoning would promote public values in that it would provide a medical facility to the community, provide an aesthetically pleasing building with a residential look for residents of the City and pass-through traffic as well as making a valuable use of a property that fronts on a heavily traveled commercial highway. 8 Application For Rezoning Rezonin, Standards Please state the relative gain to the public as compared to the hardship imposed upon the individual property owner: We believe the gain to the public as a whole and the local taxing bodies would be every bit as equal to that to the property applicant. Please state the suitability of the subject property for the zoned purposes: The property again having not had adequate service to municipal water and sewer in the past has remained undeveloped because of those deficiencies. Annexing and Zoning to the United City of Yorkville would cure those deficiencies. Please state the length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property: The property has been vacant for a period in excess of 30 years and lying fallow in the sense that it has not been farmed and has had no productive use whatsoever other than to grow weeds. Please state the community need for the proposed land use: There is always a community need for medical services. The applicant who seeks to both purchase the property, annex it and zone it within the the City currently is in business in the United City of Yorkville but would would like to become a property owner rather than a rentor, which they feel would enhance and expand their business. 9 Application For Rezonino Rezonina Standards With respect to the subject property, please state the care with which the community has undertaken to plan its land use development: The United City of Yorkville has evidence through prior zonings and encouragement of destination businesses along Route 47 a trend to develop these under-utilized properties and take advantage of the heavy traffic count on Illinois State Route 47. Please state the impact that such reclassification will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes (Ord. 1976-43, 11 -4- 1976): None Attachments Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 10 Iall the information in this application is true to the best of my knowledge. 1 understand and accept ents and fees as outlined as well as any incurred administrative and planning consultant fees which ent before this prgject can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and 1 must therefore follow the requirements outlined above. J APplicant Signature Date on y� � godY a oVerr INC AuLnorized /Agent THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: " OFFICIAL SEAL " NOTARY PO B�C, STATE OONLIN013 MY COMMISSION EXPfRES ipJ2p�2pt5 M40 2, aa3 II to err` United City of Yorkville r T county Seat of Kendall County PetWom Account l 9D0 Game farm Road Deposit p �^ Telephone: S3-4 Acknowledgment of Financial :N M1 o Telephone: 3-75 53-4350 Fax: 630-553-7575 Cc w ivebsite: www.yorkvi//e.i/.us Responsibility Development/Property Address: PrOJOCt NO.: FOR CITY USE ONLY Fund Account NO.: FORGITYusE ONLY - Petition/Approval Type: check apprnpriate box(es) of apprm;nl requested ❑ Concept Plan Review Cl Amendment (Text) (Annexation) (Plat) ❑ Annexation O Rezoning D Special Use O Mile and '/: Review • Zoning Variance ❑ Preliminary Plan ❑ Final Plans • P.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement request to establish a Petitioner Deposit Account Fund to cover all actual expenses occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE At WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below cen percent (10%) of the original deposit amount, the Financially Respormible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional fiords remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 15d, of the month in order for the refund check to be processed and distributed by the 15'0 of the following month. All refund checks will be made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY Name/Company Name: Address: City: State: Zip/Code: h,0 he -Qn rIVT r nktvo- e 1L CQOS �Ie Mobile: ax: E-mail: (o -.S 3- � � 533- '7 � rL 1 . 0 Financially Responsible Party: Lm c9�/ I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, I will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or Company/Corporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of funds. Should the account go into deficit, all City work may atop until the requested replenishment depuait is received. Print Name: 7�it/Ai1—'y i I-le;)q fkv//� Title: C--r n. O Signature`: � p��i!'ii . _ Date: _ � aaq *The name of the indioidual and the person who signs this declaration moat be the same. If a corporation is listed, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY UBE ONLY ACCOUNT CLOSURE AUTHORIZATION: Date Requested: _ ❑ Completed n Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev, ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 12 h`o cl United City ol' Yorkeille -, o County Seat of Kendall County petitioner Deposit Account 1 900 Game Carm Road Yorkville, Illlnols, 60560 Acknowledgment of Financial •� GI a�`� � Telephone: 630-553-4S53-4 350 Fax: 630-553-7575 CE tom" Website: www.yorkvi//e.i/.us Responsibility Development/Property Address: Project NO.: FOR USE ONLY Fu nd�Account No.:FOR clrY USE 0MY Petition/Approval Type: check appropriate box(es) o/apps ovo/ requested ❑ Concept Plan Review ❑ Amendment (Text) (.Annexat:ion) (Plat) ❑ Annexation ❑ Rezoning O Special Use ❑ Mile and ''/. Review O Zoning Variance ❑ Preliminary Plan ❑ Final Plans ❑ Y.U.D. ❑ Final Plat Petitioner Deposit Account Fund: It is the policy, of the United City of Yorkville to require any petitioner seeking approval on a project or entitlement. request to establish a Petitioner Deposit Account Fund to cover all actual expenses_ occurred as a result of processing such applications and requests. Typical requests requiring the establishment of a Petitioner Deposit. Account Fund include, but are not limited to, plan review of development approvals/engineering permits. Deposit account funds may also be used to cover costs for services related to legal fees, engineering and other plan reviews, processing of other governmental applications, recording fees and other outside coordination and consulting fees. Each fund account is established with an initial deposit based upon the estimated cost for services provided in the INVOICE & WORKSHEET PETITION APPLICATION. This initial deposit is drawn against to pay for these services related to the project or request. Periodically throughout the project review/approval process, the Financially Responsible Party will receive an invoice reflecting the charges made against the account. At any time the balance of the fund account fall below ten percent (10%) of the original deposit amount, the Financially Responsible Party will receive an invoice requesting additional funds equal to one-hundred percent (100%) of the initial deposit if subsequent reviews/fees related to the project are required. In the event that a deposit account is not immediately replenished, review by the administrative staff, consultants, boards and commissions may be suspended until the account is fully replenished. If additional funds remain in the deposit account at the completion of the project, the city will refund the balance to the Financially Responsible Party. A written request must be submitted by the Financially Responsible Party to the city by the 151), of the month in order for the refund check to be processed and distributed by the 15"1 of the following month. All refund checks will he made payable to the Financially Responsible Party and mailed to the address provided when the account was established. ACKNOWLEDGMENT OF FINANCIAL RESPONSIBILITY' ame/Company Name: Address: City: State: Zip Code: e 622/ .rs W4 L T le ono: Mobile: Fa E-mail: r 3� Financially Responsible Party: I acknowledge and understand that as the Financially Responsible Party, expenses may exceed the estimated initial deposit and, when requested by the United City of Yorkville, f will provide additional funds to maintain the required account balance. Further, the sale or other disposition of the property does not relieve the individual or CompanyiCorporation of their obligation to maintain a positive balance in the fund account, unless the United City of Yorkville approves a Change of Responsible Party and transfer of lunds. Should the account on into deficit, all City work may stop until the roquustcd replenishment deposit is received. Print Name: In tt� _�71P.� _ Title:....C. � • . Signature' Date: The name of the individual and the person who signs this declaration mast be the same. if a corporation is tested, a corporate officer must sign the declaration (President, Vice-President, Chairman, Secretary or Treasurer) FOR CITY.USE.ONLY _ ACCOUNT CLOSURE AUTHORIZATION: Date Requested: _ 0 Completed ❑ Inactive Print Name: _ ❑ Withdrawn ❑ Collections Signature: ❑ Other DEPARTMENT ROUNTING FOR AUTHORIZATION: ❑ Comm Dev. ❑ Building ❑ Engineering ❑ Finance ❑ Admin. 9 EXHIBIT " A" Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, MERIDIAN BEING DESCRIBEp qS FOLLOWS; BEGINNING AT THE SUBDIVISION; THENCE NORTH TOWNSHIP 37 NORTH, RANGE 7 EAST OF TH OF 178.69 FEET; THENCE NORTH788 DEGREES S MINUTES 15 SECONDS WEST SOUTHEAST ORNER OF E THIRD PRINCIPAL ILLINOIS ROUTE NO, DESCRIBED GREES 30 MINUTES 45 SECONDS E LONG THE EAST L NE OF SAID UNIT UNIT SIX AYDISTANCE ALONG SAID W 47 AS WAY LINE By ORDER VESTING TITLE PER AST 382'91 FEET TO THE WEST RIGHT SOUTH 18 DEGREES 15 MINUTES LINE HAVING A RADIUS OF 749.89 FEET, A D STANCE OF OW00 FEET W R HT OF WqY LINE SECONDS EAST FROM TH 7E5 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN 0037 FE THENCE SOUTHWESTERLY THE POINT OF BEGINNING, IN BRISTOL BTOWN H P gryp HOSE CHORD SEARS THENCE SOUTH 88 DEGREES 30 MINUTES 45 SECONDS WEST 318 94 FEET TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. I PLAT OF ANNEXATION OF fl THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH. RANGE '7 EAST OF THE THIRD PRINCIPAL YI, MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 63 OF UNIT SIX, COUNTRYSIDE SUBDIVISION; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX.A DISTANCE OF 17B.69 FEET; THENCE NORTH BB DEGREES W MINUTES 45 SECONDS EAST 382.91 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 AS DESCRIBED BY ORDER VESTING TITLE PER DOCUMENT NOT 201200080538; THENCE SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET. A DISTANCE OF 19037 FEET, WHOSE CHORD BEARS —N SOUTH 18 DEGREES 15 MINUTES 43 SECONDS WEST 189.84 FEET TO A LINE DRAWN NORTH W DEGREES W MINUTES 45 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH BB DEGREES 30 MINUTES 45 SECONDS WEST 318.54 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE, KENDALL COUN I, ILLINOIS. Scale: IA 4& C'N MAU a ` wa. RNBLURN W n.N" 4 ,ONEB N.tXnF� BRIDGE ST. - (VACANT LOT) ZONE R� 1 .4573 ACRES m PEED , MOS R „Bm �I 02M,3,a31 � OE SURVEYOR' ER x ,E m TD- _ STATE Of LLNLYS 1 •• )S5 CdMTY OF KENDALL) TOR rs TO CE RTIFY TO THE GLE NT STUMt WEHLER.THAT I.RONALD D.RATER AN I TONGS f. .� PROFEG!PNM LANO SURRE ORNAFORESMO COUNTY AND STATE,INV E CdFLFTEO A PtnT CF /VV 11 ANNEXAPON OHMEGROW OF THE PROPERTY HEREON DESCRIBED.TM's PNOFESSwxusFxrcF LOCATION MAP CCNFGaI S i0 iNE C URRFM ILLMOIS MIX MUM STMIOAROS Fpt A PIAT CE NNE%ATICN AXO TINT THE gAT1£PEM°TNWN RFPRESEMSTIE F.:LTS FOUNONi II£TMEJF IRE BURVEY. WSSURVEYWES t O TCSCtiFI NOT CgISRUTE A REOORO TIRE SEPRCH AND ALL EDDSEMEMS AND OR SETBKNS Sg WN ORE E7MTR THOSE DESIGNATE D ON THE MEMBER)SUBMIS qN MAT OR MORE UVNED M US BY OTHER OCL1M@MATION, NO ATTEMPTHASBEEN MME TOOBTAN OR SHOWMTA CONCFRNIAGEM5TENCC OF PUBUCU MR SGSTORMWATERMNOFFpTHERONTOCROF FFROMTHESIF_. GIVEN UNO W HANDANDSEALAi PLMO.ILONOISTHIS 3N DAYOF MAY.M13 A➢. ILIMGGPROFE951CXML,MJSURVEYdt�tS[ RB & ASSOCIATES REGSTRAMNN EXp RES 113 4 w , c1 ' �E , /� INC MWRTOACURRENTTREINSURAMCEPGCYFOREASEMENRNO TF . O, THISDRAVANGETIE CONSULTING , N PROPEFRYOF RB6 ASSCLUIES CdISULTNG,NC, AWSHALL NMBEUSEDFORAM'OTHERPURH]H THAx sETFOam wlrnovr TNFwroTTw c°xsEMDFMMRHG xISOnGEMOFRSanss°cuTES 4W WIN STREET DESIGN FIRM # AN NPRESSED SE 1X15 ERSNAGS NOT fGHSGEREOlO BE ORIGNAL UNI£SS ME SURVEYONS SEAL IS nry MPRFSSFO SEAT OR msPUVm IN RED INK. P IL80545 1840.044 (630) 75 (630) 552-7452 www.Massorrates.rel DWG #201114411-001 B(ANNEX) ADJOINING OWNERS TO THE PROPERTY OF PARCEL No. 02-28-303-026 & 02-28-303-027 02-28-303-022 Yorkville, IL 60560 Lue Haig PO Box 144 02-28-327-019 Plano, IL 6056 Tony Gilchrist 206 Walnut 02-28-303-009 Yorkville, IL 60560 Matt 6 LLC C/O Sikich Gardner 02-28-327-013 1415 W. Diehl Road Philip and Renee Haugen Naperville, IL 60560 208 Walnut Street Yorkville, IL 60560 02-28-329-045 Earthmover Credit Union 02-28-327-018 2195 Baseline Road Robyn Dennis Williams Oswego, IL 60543 205 Jackson Street Yorkville, IL 60560 02-28-329-032 Yorkville Walnut Plaza, LLC 02-28-327-007 PO Box 5010 Don and Laurel Williams Vernon Hills, IL 60061 207 Jackson Street Yorkville, IL 60560 02-28-329-013 Longford Lakes Condo HOA 02-28-303-024 2208 Midwest Road William Schneider Oak Brook, IL 60523 807 N. Bridge Street Yorkville, IL 60560 02-28-327-021 02-28-327-005 02-28-303-023 Michelle Augustyn Laraine & Marian Griswold 906 Bristol Road 805 N Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-327-022 02-28-303 -021 02-28-327-023 Peter & Cheri Lodestro First National Bank DeKalb 35 Lexington Circle 210 E. Jackson Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-303 -025 02-28-327-020 Brett & Cara Behrens Donna Diehl 801 N. Bridge Street 204 Walnut Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-302-008 United City of Yorkville 02-28-303-002 800 Game Farm Road John Weber Yorkville, IL 60560 1102 Sunset Street Yorkville, IL 60560 02-28-302-007 Darin & Andrea Peterson 02-28-303-003 1005 Sunset Martin & Araceli Benitez Yorkville, IL 60560 1012 Sunset Yorkville, IL 60560 02-28-302-006 Frietsch Family Trust 02-28-303 -004 1007 Sunset Carmelo & Letica Perez Yorkville, IL 60560 1010 Sunset Street Yorkville, IL 60560 02-28-303-018 Patrick & Karin Dowd 02-28-303-005 1006 Sunset Adan & Ana Arriaga Yorkville, IL 60560 1008 Sunset Yorkville, IL 60560 02-28-303-004 Mark John Dec. of Liv. TR. & 02-28-352-028 Ruth Johnson Dec. of Liv.TR. 02-28-352-029 204 Georgeanna Dennis & Julie Knuaf Yorkville, IL 60560 910 N. Bridge Street Yorkville, IL 60560 02-28-303-003 Wallace III & Nancy Ellen 02-28-352-024 206 Georganna I " National Bank DeKalb Yorkville, IL 60560 Real T Properties PO Box 1010 02-28-303-002 Westmont, IL 60559 Ronny Scott 208 Georganna 02-28-352-027 Yorkville, IL 60560 Homan & Donna Horton 306 King Street 02-28-303-001 Yorkville, IL 60560 Ardis Lee 210 Georganna Logan Kraber Yorkville, IL 60560 805 Bristol Avenue Yorkville, IL 60560 02-28-303-001 Maria Lopez & Sean Ogara 1104 Sunset Street EST. `� ��ti 1836 0 , 1 �.r United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-3436 APPLICATION FOR ANNEXATION Local government has the authority to expand its boundaries by annexing unincorporated lands that are contiguous to their corporate limits. According to state law, all newly annexed land is automatically zoned to the most restrictive classification under the city 's zoning ordinance, or R- 1 One-Family Residence District. Therefore, all voluntary petitions for annexation requesting a zoning classification other than R-1 One-Family Residence District and seeking to enter into an annexation agreement with the city which specifies the desired zoning and other contractual approvals (i.e., amendments to zoning ordinance, variances, building codes, development impacts and contributions, etc.) that will affect the property and successor owners requires a public hearing before the City Council. This packet explains the process to successfully submit and complete an Application for Annexation. It includes a detailed description of the process and the actual application itself (Pages 6 to 9). Please type the required information in the application on your computer. The application will need to be printed and signed by the applicant. The only item that needs to be submitted to the city from this packet is the application. The rest of the packet is to help guide you through the process unto completion. For a complete explanation of what is legally required throughout the Annexation process, please refer to "Title 10, Chapter 4, Section 10 Annexations" of the Yorkville, Illinois City Code. I Procedure V low Chart . Step 1 Submit Application, Fees, and All' Pertinent 746nnation to the Community Development Department Step 2 PlanCouncdRevtew (Meets 2nd?and 4th Thu s&' XI,6f the month) i Step 3 is City CouncilRublic Hears (2nd and :4th-Tuesday of the: {vtonth) 2 Application Submital The following must be submitted to the Community Development Department: • 2 original signed applications with legal description. 5 copies each of the application and exhibits, proposed drawings, location map, and site plan. Large items must be folded to fit in a 10" x 13" envelope. • Appropriate filing fee. (See attached Fee Sheet on page 5) I CD containing an electronic copy (pdf) of each of the signed application (complete with exhibit), proposed drawings, location map, and site plan. A Microsoft Word document with the legal description is required on the CD. Within one ( 1 ) week of submittal, the Community Development Department will determine if the application is complete or if additional information is needed. These materials must be submitted a minimum of 45 days prior to the targeted Plan Commission meeting. An incomplete submittal could delay the scheduling of the project. Applicant will be responsible for payment of recording fees and public hearing costs, including written transcripts of the public hearing and outside consultant costs (i .e. legal review, land planner, zoning coordinator, environmental, etc.). The applicant will be required to establish a deposit account with the city to cover these fees. The Petitioner Deposit Account/Acknowledgement of Financial Responsibility form is attached to this document and must be submitted with the application. Plan Council Applicant must present the proposed annexation request to the Plan Council. The Plan Council meets on the 2nd and 4th Thursday of the month. The members of the Council include the Community Development Director. City Engineer, the Building Department Official, the Public Works Director, the Director of Parks and Recreation, a Fire Department Representative, and a Police Department Representative. Upon recommendation by the Plan Council , applicant will move forward to the Plan Commission hearing. City Council Applicant will attend the City Council public hearing where the recommendation of the annexation will be considered. The City Council meets on the 2nd and 41h Tuesdays of the month at 7:OOpm. Notice will be placed in the Kendall County Record by the United City of Yorkville. The applicant is responsible for sending certified public hearing notices to adjacent property owners within 500 feet of the subject property no less than 15 days and no more than 30 days prior to the public hearing date. Twenty Four (24) hours prior to the public hearing, a certified affidavit must be filed by the applicant with the Community Development Department containing the names, addresses and permanent parcel numbers of all parties that were notified. City Council will make the final approval of the annexation request. 3 The Community Development Director shall determine if an application meets or fails to meet the requirements stated above. If the Director determines that the application is incomplete it will become dormant under these circumstances: • The applicant has been notified of such deficiencies and has not responded or provided a time line for completing the application within ninety (90) days from the time of notification. • The applicant has not responded in writing to a request for information or documentation from the initial plan commission review within six (6) months from the date of that request. • The applicant has not responded to a request for legal or engineering deposit replenishment for city incurred costs and fees within ninety (90) days from the date of the request. If the Community Development Director has sent the required notice and the applicant has not withdrawn their application or brought it into compliance, then the director shall terminate the application. After termination, the application shall not be reconsidered except after the filing of a completely new application. Withdrawal or termination of an application shall not affect the applicant's responsibility for payment of any costs and fees, or any other outstanding debt owed to the city. The balance of any funds deposited with the city that is not needed to pay for costs and fees shall be returned to the applicant. (Ord. 2011 -34, 7-26-2011 ) 4 SEO O+r` United City of Yorkville ,2� w 800 Game Farm Road Yorkville, Illinois 60560 EVE "" - M6 Telephone: 630-553-4350 �L Fax: 630-553-7575 'r'" w?� INVOICE & WORKSHEET <te t�v PETMON APPLICATION CONTACT: DEVELOPMENT/ PROPERTY: Acreage: Date: Concept Plan Review: I I Yes I J No S Engineering Plan Review Deposit of$500 due Amendment: I I Yes I I No S $500.00 Fee due for each: (Annexation) (Plan) (Plat) (PUD) Annexation: I I Yes I I No S $250.00, plus S 10/acre for each acre over 5. Nofacres: - 5 = x $ 10 = + $250 Remnine: I I Yes I I No S $200.00, plus S10/acre for each acre over 5. of acres: - 5 = x $ 10 = + $200 If annexing and rezoning charge only I per acre fee. If rezoning to a PUD, charge PUD Development Fee- not Rezoning Fee. special Use: 11 Ves I I No S $250.00, plus $ 10/acre for each acre over 5. 4ofacres• - 5 = xS10 = + 5250 Zoning Variance: $85.00 11 Yes I I No S Outside Consultants deposit of$500.00 due Preliminary Plan Fee: 5500.00 I I Yes I I No S P.U.D. Fee: $500.00 I I Yes I I No S Final Plat Fee: 5500.00 11 Ves I I No 5 Eneineerina Plan Review Deposit: 11 Ves I I No 5 I ] Less than I acre = $1,000 due I ] Over I acre and less than 10 acres = S2,500 due I I Over 10 acres and less than 40 acres = $5,000 due I J Over 40 acres and less than 100 acres = S 10,000 due I I Over 100 acres = $20,000 due Outside Consultants Deposit: I I Yes I I No S Legal, Land Planner. Zoning Coordinator, Environmental Services Annexation Subdivision Rezoning, and Special Use: I Less than 2 acres = $1,000 due I I Over 2 acres and less than 10 acres - S2.500 due I I Over 10 acres = $5,000 due •I OT.AL AMOUNT DUE: S Ww t 0Dn%W D<, tkp. AM Fn Sh.v Mst 5 's 0. 1 Dateof Skbfnisston PC#`; y 1 L 11 ] Mimi 11WHIM In Inu Name of Applicant(s) Priority Health and Body Makeover, Inc. Business Address 1201 E. Veterans Parkway City I Yorkville State IL ZIP 60560 Business Phone 309-737-9298 Business Fax Business Cell Business E-mail priorit healthin@gmaiLcom Name of Holder of Legal Title I Castle Bank, a Division of First National Bank of Omaha If Legal Title is held by a Land Trust, list the names of all holders of any beneficial interest therein: Property Street Address 1121 Lincoln Highway, DeKalb, IL 60115 Description of Property's Physical Location West side of Route 47(south and adjacent to Sunset Hotel) Zoning and Land Use of Surrounding Parcels North B3 Service District East B-3 Service District South B-3 Service District West City Current Zoning Classification Kendall County Kendall County Parcel Number(s) of Property 02-28-303-019 02-28-303-020 6 Attorney Name I Daniel J. Kramer Address F1 107-South Bridge Street City JYorkville State IL ZIP 60560 Phone 630-553-9500 Fax 630-553-5764 E-mail colleen.hanson @att.net Engineer Name Address City State ZIP Phone Fax E-mail Land Planner/Surveyor Name I Ron Bauer Address 14 West Main Street City I Plano State I IL ZIP 60545 Phone 630-552-7452 Fax 630-552-7702 E-mail ron@rb-associates.net Applicant must attach a legal description of the property to this application and title it as "Exhibit A". Applicant must list the names and addresses of any adjoining or contiguous landowners within 500 feet of the property that are entitled notice of application under any applicable City Ordinance or State Statute. Attach a separate list to this application and title it as "Exhibit B". 7 I verity that all the information in this application is true to the best of my knowledge. I understand and accept all requirements and fees as outlined as well as any incurred administrative and planning consultant fees which must be current before this project can proceed to the next scheduled committee meeting. I understand all of the information presented in this document and understand that if an application becomes dormant it is through my own fault and I must therefore follow the requirements outlined above. Applicant Signature Jy Date bndy Malcga'O�e�T-NC Aurrtoriz� ent THIS APPLICATION MUST BE NOTARIZED PLEASE NOTARIZE IN THE SPACE BELOW: " OFFICIAL SEAL " COLLEEN HANSON NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/2012015 aaoi3 S CONSENT TO ANNEXATION AGREEMENT NOW COMES CASTLE BANK A DIVISION OF FIRST NATIONAL BANK OF OMAHA the OWNER of the Real Property described in the attached Annexation Petition generally located on the west of Route 47, and adjacent to the limits of the United City of Yorkville and legally described in the attached Annexation Petition, and the undersigned authorized representative thereof being duly sworn on oath states and alleges as follows: 1 . That the Real Property described in the attached Annexation Petition is owned by Castle Bank, a division of First National Bank of Omaha. 2. That no electors reside thereon. 3. That the subject Real Property described in the attached annexation petition is not located within any flood plain nor the Village boundaries of any other Illinois Municipality. 4. That the Real Property described in the attached Annexation Petition is contiguous to the corporate limits of the United City of Yorkville. 5. That the undersigned on behalf of Castle Bank, a division of the First National Bank of Omaha hereby consents to the Annexation Petition being filed herein and requests the City to approve said Annexation Petition. Castle Bank, a Division of First National Bank of Omaha By: Authorized Representati e Verification: Subscribed and sworn to before me, 92013. Notary Public 'OFRCIAL SEAL' LMA K TSMWENIN Ca nMW EVM Mmft f 15, 2010 _ l EXHIBIT " A" Legal Description THAT PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST SUBDIVISION; THENCE 37NORTH, RANGE BAST OF THE THIRD PRINCIPAL OF 178.69 FEET; THENCE NORTH 01 DEGREES 24 MINUTES 15 SECONDS WEST ALONG THE LOT LIE UNIT 51%, C ILLINOIS ROUTE NO. 47 A NORTH 88 DEGREES 30 MINUTES 45 OUNTRYSIDE LONG SAID 47 RIGHT OESCRIBED BYO SECONDS EAST E EAST LINE OF SAID UNIT SI%, A DISTANCE WEEES16 OF WAY LINE HAV NGq VESTING TITLE PER 382.91 FEET TO THE WEST RIGHT OFW SOUTH 18 DEGREES 76 MINUTES 43 SECONDS ETC DISTANCE 20120pp9p53g; THENCE SOUTHWE ER Y SECONDS RT 1". OF 749.89 FEET, q DISTANCE OF 19837 FEET WHOSE THE POINT OF BEGINNING, IN BRISTOL 5 O B OWNS GP TT 18g 8q FEET TO A LINE D HENCE SOUTH 88 DEGREES RAWN NORTH BB DEGREES WEST CHORD BET T AND THE UNITED CITY OORKVILLLE, KENDALL COUNTY, ILLNOIS. FEET TO 1 PLAT OF ANNEXATION DF TOWNSHIP 7NORTH. RANGE T EAST OF THE THIRD PRINCIPAL THAT PART BEINGESCRIBEDAS QUARTER OF SECTION 28,THE SOUTHEAST 3 OR MERIDIAN BEING THENCE 0 FOLLOWS: BEGINNING AT SECOND7HESTAONG THE AST 630E UNIT SIX, UNIT COUNTRYSIDE ST OF 178 SUBDIVISION; THENCE NORTH 01 DEGREES S MINUTES t5 SECONDS WEST ALONG THE EAST LINE OF SAID UNIT SIX, A DISTANCE OF 176.69 FEET; THENCE NORTH e6 DEGREES 30 MINUTES 45 SECONDS EAST ENT 332.91 N FEET TO THE WEST RIGHT OF RAY LINE OF ILLINOIS ROUTE ST NO. 47 RIG AS OF WAY IN H ORDER VESTING TITLE PER DOCUMENT N0. OF 19037 0000536; THENCE E CHORD SEARS SOUTHWESTERLY ALONG SAID WEST RIGHT OF WAY LINE HAVING A RADIUS OF 749.89 FEET, DISTANCE NORTH W D FREE, WHOSE CHORD BEARS 1 SOUTH 18 DEGREES 15 MINUTES 63 SECONDS WEST 169.6 FEET 8 A EGG DRAWN NORTH 68 DEGREES 30 MINUTES 45 SECONDS EAST FROM THE POINT OF TOWNSHIP THENCE SOUTH SB DEGREES 30 MINUTES D SECONDS WEST 31 I S4 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP AND THE UNITED CITY OF YORKVILLE. KENOALL COUNTY, ILLINOIS. Scale: 1" = 40' PATMCKI VAUN ZON 44 OBIRLMULi rr NU KATE URN - . gl YORKIKC VIGNUT P., , m ` \ BRIDGE Si'. Hue w (VACANi' LO'1) / PHSTU 1 .4573 ACRES 16 PEEP eso-SM5w NEAB e,, ,, w , AM / � „PH •eo- anmm VW ZMEP1VN.WINDS SCHREIBER URVEVOP5 CERTIFICATE a.vwaw ZONE 6) LL PHC /OS STATE OF I / LOCATION - RIC COUNTY OFHENDPty THIS 15 TO CERTIFY TO THE CLIENT. STUART WEIHLER,THAT I,RONALD D.BAUER,AN ILLINOIS PROFESSIONAL LAND SURVEYOR N AFORESADCOUNTY AND STATE,HAVECOMPLETEDAPIATOF W -- -- — , CONFORMS TO in CURRENT IumOIC MINIMUM STANDARRDS FOR A FLAT OF ANNEXAAnox�AND THHAT THE / LOCATION MAP PUT HEREON OMWN REPRESENTS TIE FACTS FOUND AT THE PME OF THE SURVEY. THIS SURVEY DOES INDT TO SCALE) NOT CONSTITUTE A RECORD TRUE SEARCH AND ALL EASEMENTS AND OR SETBACKS SHOWN ME EITHER HOSE DESIGNATED ON THE RECORDED SUBOIVISIOAIRATOR TIOSEPROAACIMTO US BY OTHER OOCUME NOTION. NO AT TEMPT HAS BEEN MACE TO OBTAIN OR SMYN DATA CONCERNING EXIS TENCE OF PUBLIC UTILITIES OR STORM WATER RUNOFF EITHER ONTO OR OFF FROM THE SITE GIVEN UNDER MY NANO AN SEAL AT PLANO.ILLINOIS THIS lM DAY OF MAY,2013 A D REGISTRATION EXPIRESLL,1A14-CM4 DR0252 IB & ASSOCIATES INC /'� REFER TO A CURRENT THE INSURANCE POLICY FOR EASEMENTS NOT PROVIDED. THISDMWINGISTIE CONSULTING , IEV <! PROPERTY GETS S ASSWUTESCONSULTNG,INC. ANN SHALLNOT BE USEOFgUNY OTHER PURPOSE CONSULTING, INC WTHIS GNAWING IS NOT CONSIDERED TO BE ORIGINAL UNLESS THE SURVEYORS SEAL 4W MAIN STREET DESIGN FIRMEf AN IMPRESSED SEAL OR DISPLAYED IN RED INK PLANO , IL 60545 164-004475 (630) 552-7452 www.rMassoriales.net OWG p 201314411-001 B (ANNEX) ADJOINING OWNERS TO THE PROPERTY OF PARCEL No. 02-28-303-026 & 02-28-303-027 02-28-303 -022 Yorkville, IL 60560 Lue Haig PO Box 144 02-28-327-019 Plano, IL 6056 Tony Gilchrist 206 Walnut 02-28-303-009 Yorkville, IL 60560 Matt 6 LLC C/O Sikich Gardner 02-28-327-013 1415 W. Diehl Road Philip and Renee Haugen Naperville, IL 60560 208 Walnut Street Yorkville, IL 60560 02-28-329-045 Earthmover Credit Union 02-28-327-018 2195 Baseline Road Robyn Dennis Williams Oswego, IL 60543 205 Jackson Street Yorkville, IL 60560 02-28-329-032 Yorkville Walnut Plaza, LLC 02-28-327-007 PO Box 5010 Don and Laurel Williams Vernon Hills, IL 60061 207 Jackson Street Yorkville, IL 60560 02-28-329-013 Longford Lakes Condo HOA 02-28-303 -024 2208 Midwest Road William Schneider Oak Brook, IL 60523 807 N. Bridge Street Yorkville, IL 60560 02-28-327-021 02-28-327-005 02-28-303 -023 Michelle Augustyn Laraine & Marian Griswold 906 Bristol Road 805 N Bridge Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-327-022 02-28-303-021 02-28-327-023 Peter & Cheri Lodestro First National Bank DeKalb 35 Lexington Circle 210 E. Jackson Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-303 -025 02-28-327-020 Brett & Cara Behrens Donna Diehl 801 N. Bridge Street 204 Walnut Street Yorkville, IL 60560 Yorkville, IL 60560 02-28-302-008 United City of Yorkville 02-28-303-002 800 Game Farm Road John Weber Yorkville, IL 60560 1102 Sunset Street Yorkville, IL 60560 02-28-302-007 Darin & Andrea Peterson 02-28-303-003 1005 Sunset Martin & Araceli Benitez Yorkville, IL 60560 1012 Sunset Yorkville, IL 60560 02-28-302-006 Frietsch Family Trust 02-28-303-004 1007 Sunset Carmelo & Letica Perez Yorkville, IL 60560 1010 Sunset Street Yorkville, IL 60560 02-28-303 -018 Patrick & Karin Dowd 02-28-303-005 1006 Sunset Adan & Ana Arriaga Yorkville, IL 60560 1008 Sunset Yorkville, IL 60560 02-28-303-004 Mark John Dec. of Liv. TR. & 02-28-352-028 Ruth Johnson Dec. of Liv.TR. 02-28-352-029 204 Georgeanna Dennis & Julie Knuaf Yorkville, IL 60560 910 N. Bridge Street Yorkville, IL 60560 02-28-303-003 Wallace III & Nancy Ellen 02-28-352-024 206 Georganna I " National Bank DeKalb Yorkville, IL 60560 Real T Properties PO Box 1010 02-28-303 -002 Westmont, IL 60559 Ronny Scott 208 Georganna 02-28-352-027 Yorkville, IL 60560 Homan & Donna Horton 306 King Street 02-28-303 -001 Yorkville, IL 60560 Ardis Lee 210 Georganna Logan Kraber Yorkville, IL 60560 805 Bristol Avenue Yorkville, IL 60560 02-28-303 -001 Maria Lopez & Sean Ogara 1 104 Sunset Street r r H' t II r . II• ' 1'r . r i r ¢ 1 I" V ' III I ' 1 � 6. Y 1 it I • K �' I h � Vii- J 'i • i.� il. rk" I . ; ' � J, � ;' .( ;1 is I ; ' rr f r. . 1. :IIr vl li a :1 ; . I� �� , . r , �:� � ,, . . , :, . .�. I � . 1'' I:. I � I r „ ' . � 1, 1 q , r • ;I. ; . t. ' � ; , . . ' , a ). r . ,.1 ) .� to 1 'I � I S {- .t a y i � t � l;a ; r;;gg. �1.1� p IPI IL_ I 3I r r =rr • . 6 t .,8 ..1 ,� .. ._ ka,a.. .. -. � , } . . . ,; . �. ! .. . _, � I ,2'P'�.. 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OWNER and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER and DEVELOPER is the OWNER of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit `B"(hereinafter referred to as "SUBJECT PROPERTY"). B. OWNER and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one medical office building; C. OWNER and DEVELOPER desire to proceed with the development thereof for medical office building use in accordance with the terms and provisions of this Agreement. D. OWNER and DEVELOPER request that the SUBJECT PROPERTY be zoned B- 2 General Business District under the provisions of the City Zoning Ordinance ("Zoning Ordinance"). 1 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. The City Council conducted the public hearing on this annexation agreement on F. The PARTIES have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the re-zoning 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 and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a medical office building establishing a unique character in conformance with the United City of Yorkville Comprehensive Plan. (ii) 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 and 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. 2 NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement it with the Petition for Zoning and Annexation 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. 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 rezone the Subject Property under the appropriate provisions of the City Zoning Ordinance ("Zoning Ordinance"). 3. PLATTING AND ENGINEERING. OWNER and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY. 4. A. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to design, construct and install at its expense, subject to the right of recovery of certain on-site and off-site sanitary sewer, water system and roadway access improvements. DEVELOPER agrees that any extension and/or construction of the 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 the DEVELOPER, except as otherwise provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 3 B. Pursuant to written Easement Agreement previously entered into by prior OWNER of the Subject Property and the United City of Yorkville, it is anticipated that the United City of Yorkville would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right-of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the City. It was further anticipated that the United City of Yorkville would extend that sanitary sewer main north to service not only the subject property but additional property to the north of the subject property on the west side of Route 47 that currently lacks sanitary sewer service. Toward that end OWNER and DEVELOPER understand that the United City of Yorkville shall have a right to require as part of this Agreement a Recapture as to a proportionate share of the cost of said sanitary sewer extension, not to exceed % of the cost of said public improvement, since OWNER and DEVELOPER will only be a portion of the benefitting properties to that improvement. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNER and 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 only any public improvements to be constructed as a part of the development of the Subject Property. 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. 6. 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. The SUBJECT PROPERTY and its 4 development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after this agreement takes effect. 7. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement shall govern the construction of the building on the Subject Property. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY from the date of this Agreement. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNER and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY. 8. FEES AND CHARGES. 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 and as is generally applied throughout the CITY. 9. CONTRIBUTIONS. The City shall not require the OWNER and DEVELOPER to donate any land or money to the CITY, or any other governmental body,since the Subject Property is being used for business purposes.. 5 10. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT. The DEVELOPER shall, at its own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Building Permit being issued, to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. 21. 11. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 14 hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Subject Property. 12. DEVELOPMENT MARKETING SIGNAGE. DEVELOPER may install and maintain 1) one (1) illuminated double-faced four(4') foot by twelve (12') foot at the front of the Subject Property contiguous to Illinois Route 47. 13. 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 (2010) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement.. 6 14. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNER and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNER and DEVELOPER which the CITY has determined may be used for the benefit of property ("Benefited Properties") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. The CITY aggress to allow DEVELOPER to collect interest on any recapture fees to the DEVELOPER at six percent (7.5% annum) to the certified costs from the date the infrastructure improvements are accepted. B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 15. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with DEVELOPER in causing the vacation 7 and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 16. 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. 17. 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 ap- propriate 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. 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, 8 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. 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 OWNER Castle Bank N.A. 109 W. Veterans Parkway Yorkville, IL 60560 DEVELOPER: Priority Health & Body Inc. 201 E. Veterans Parkway Yorkville, IL 60560 with copies to: Attorney Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Fax: (630) 553-5764 (I1) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553-7575 9 with a copy to: Kathleen Field Orr 800 Game Farm Road 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 Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2010 ed.). In the event any part or portion of this Agreement, or any 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. F. Agreement 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 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 affected by such amendment. G. Conveyances. 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. 10 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 terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. Captions and Paragraph Headings. 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. 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 contained in this Agreement shall be performed in a timely manner by all parties hereto 11 O. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: CASTLE BANK N.A., A DIVISION OF UNITED CITY OF YORKVILLE, FIRST NATIONAL BANK OF OMAHA an Illinois municipal corporation By: By: Title: Mayor Attest: Title: City Clerk DEVELOPER: PRIORITY HEALTH AND BODY INC. AN ILLINOIS CORPORATION By: Dated: 12 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT. - Formatted:No underline Formatted:Font:Bold,No underline 1 THIS ANNEXATION AND nr n l n.ED IWIT DEVELOP",r>�rT AGREEMENT \ Formatted:No Font:Bold underline , Formatted:Font:Bold (`Agreement"), is made and entered into as of the day of , 2013,by and between Formatted:No underline CASTLE BANK N.A., A DIVISION OF FIRST NATIONAL BANK OF OMAHA (the Formatted:Font:Not Bold hereinafter-ref °a to as ",OWNER'), PRIORITY HEALTH AND BODY MAKEOVER INC. Formatted:Font:Not Bold the a--"DEVELOPER") and the UNITED CITY OF YORKVILLE, a municipal corporation Formatted:Font:Not Bold organized and existing under and by virtue of the laws of the State of Illinois the hereinafter r°°^ `CITY") by and through its Mayor and City Councils the `;Corporate — Formatted:Font:Not Bold Authorities"). Formatted:Font:Not Bold ncx�l E and DEVELOPER a CITY s hereinafter- referred to ��m-i-n--Frmz�v- i-crr-i-n--Fans �'tre sometimes rrroid-iacar lly a5-3"TFrri"'r-&ncrcelleetively as WITNESSETH: Formatted:Centered Formatted:No underline WHEREAS,the A. OWNER is the owner of a certain tract of property comprisine acres legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A, (the "PROPERTY") which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the CITY; and, and DEVELOPER OPE is the OWN n of r-eeer-d of eertain par-eels of real estate legally desor-ibed and s1hey'm on the Plat of Annexation-, attached herete as Ej! h' (hereinafter referred to as SUBJECT PROP nTV»� WHEREAS,;;. then�x T`To .a DEVELOPER is the contract purchaser and desires to annex the crrorPROPERTY to the CITY for the purposes of developing aerie medical office building;and 1 WHEREAS,E. OWNER and DEVELOPER desire to proceed with the development thereof for-medical office building use in accordance with the terms and provisions of this Agreement. WHEREAS,D. OWNER and DEVELOPER desire and propose pursuant to the provisions and regulations applicable to the B-2 General Business District of the Yorkville Zoning Ordinance to develop the PROPERTY in accordance with and pursuant to a certain Preliminary Development Plan prepared by and dated as last revised a copy o which is attached as Exhibit B,and, WHEREAS, it is the desire of the parties that the development and use of the PROPERTY proceed 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 Agreeme t.r-eq est giat the SUBJECT PROPERTY be WHEREAS,E--A4-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 and the Corporate Authorities. The City Co^^^' conducted the public hearing on this Aanne*atien agreement on WHEREAS,U The PARTIES have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS,C. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the re-zoning and development of the eTT�T 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. DEVELOPER and the CITY to annex and develop the SUBjECT 2 nn nD> desewihednthe Exhibit "A" as a-medisal oflfie—e City of Yofkville Compr-ehensive Plan. (ii) The SUBJECT PROPERTY is nt:..uetts to the e r.,te boundaries of the j. 44te (1\l/A E and DEVELOPER and their representatives have .7:..,.ussed tho proposed annexation and have had publie hearings with the Plan Commission and the City Getineil, and pfier te the exeetition hereof netiee was duly published and a publie hearing was held to eensidef this Agfeement, as feqttif:ed by the stattAes of the State ef 11lineis in stieh ease made- id-EA. NOW,THEREFORE,in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the pParties hereto agree as follows: to enter- :„t,, th;� Agreement and to Supplement it with the Petifien for Zoning and Annexation to be approved by the City Getmeil upon the following tefms and eenditions and in eensider-afien of the vari Formatted:Font:Not Bold agreements made between the parties: Formatted:Font:Not Bold,No underline lllzormatted:Font:Not Bold Formatted:Font:Not Bold 1. l•• -XEGAL CONFORMANCE WITH LAW; . - Formatted:Indent:Left: 0",First line: 0", Numbered+Level:1+Numbering Style:1,2, This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1�, ;, 3,...+Start at:1+Alignment:Left+Aligned at: 0.5"+Indent at: 1.5",Tab stops:Not at of the Illinois Municipal Code ,65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as 1s" Formatted:Font:Not Bold amended from time to time. T an&he above whereas clauses are hereby made a part of this Formatted:Font:Not Bold Agreement by incorporation into this paragraph. Formatted:Indent:First line: 0",Tab stops: Not at 1.5" 2. AGREEMENT:COMPLIANCE AND VALIDITY Formatted:Font:Not Bold The OWNER has filed with the City Clerk a proper petition,Exhibit A,ap.1ieable..fovig;,.w oFh. Formatted:Indent:Left: 0",First line: 0", Numbered+Level:1+Numbering Style:1,2, the 111inais Compiled St..t..t.,.. and-the,,1,:..,.:., G-,.....t:t..t:,.., conditioned on the execution of this �� 3,...+Start at:1+Alignment:Left+Aligned at: 0.5"+Indent at: 1.5",Tab stops:Not at Agreement and the compliance with the terms and provisions contained herein, to annex the 1.5" Formatted:Indent:First line: 0",Tab stops: Not at 1.5" 3 PROPERTY to the CITY. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null,void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the B-2 General Business District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE t - Formatted:Indent:Left: 0",First line: 0", Numbered+Level:1+Numbering Style:1,2, 2.The Corporate Authorities within 21 days of the execution of this Agreement by the- 3,...+Start at:1+Alignment:Left+Aligned at: 0.5"+Indent at: 1.5" CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the Formatted: No bullets or numbering PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit C. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. Formatted:No underline —,ANNF-XAT4ON-4ND-7�OMNG. As seen as reasonably p-aetieable Formatted:No underline Formatted:No underline Formatted:No underline appropriate pr-ovisiens.,F rho C-45,Zoning n.-a:.,.nee("Zoning OFilli,a.,.e") Formatted:No underline t Formatted:Tab stops: 0",Left+Not at 1.5" �- Formatted:Line spacing: 1.5 lines,Tab stops: 0.5 11,Left+Not at 0.75" -34PLAT-TING AND L'"Tr7*TL'ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall Formatted:Font:12 pt adopt a valid and binding ordinance zoning the PROPERTY in the B-2 General Business District subject to the restrictions further contained herein and all applicable ordinance of the CITY as — Formatted:Font:12 pt amended from time to time. Said zoning shall be further conditioned on the development of the PROPERTY in accordance- Formatted:Line spacing: 1.5 lines,Tab stops: 0.5",Left+Not at 0.75" with a Preliminary Development Plan attached as Exhibit B and (Insert other preliminary lanS if an Formatted:Font:Not Bold,No underline PROPERTY shall be developed in accor-danee with the or-dinanees of the CITY, as appifove pelieies and proeedwes of the CITY. - Formatted:Line spacing: 1.5 lines,Tab stops: 1.06",Left+Not at 0.75" 4 ,45. &..COMPLIANCE WITH APPLICABLE ORDINANCES ,- Formatted:Font:Not Bold The OWNER and DEVELOPER agree to comply with all ordinance of the CITY as amended Formatted:Font:Not Bold from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning,building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible T TI ITI e 1 n CE-MIENNTCS n r rD nr rur rr RMHPRGVE rl r r rc. Formatted,Font:Not Bold,No underline Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline 6. PERMIT FEES Formatted:Font:Not Bold,No underline Permit fees may be increased from time to time so long as said permit fees are applied Formatted:Font:Not Bold consistently to all other developments in the CITY to the extent possible. The DEVELOPER, in develeping the SUBjECT PROPERTY, agfees to design, eanstfuet install at its expense,subjeet to the right of reeovefy ef eeFtaia on Site and eff sit wFAer- system and roadway ar-I . . ents. DEVELOPER agrees that any extension with existing CITY subdivision r-egulations as modified by this Agreement. Any on site work and the eest thereof shall be the responsibility of the DEVELOPER, exeept as ether-wise provided in this Agreement. The CITY agrees to assist the DEVELOPER to obtain neeessary easements and 111ineis DepaFtment of Transportation Pennits to eenstmet said improvements. Formatted:Font:Not Bold Route 4 7 from a manhole that is etiffently located in of near the Right of Way of Walnut Stfeet and State Route 4 7 on the east side of State Route 4 7 at the expense of the City. It was fiirther- antieipated that the United City of Yefkviile Would e4end that sanitafy sewef main nefth 4& sef-viee net only the subjeet propefty but additional pr-opei4y to the nefth of the stA�eet property ..the A ....4...a..R f R i4lite 4'7 41...4.. ..4l..l....k r... ...k.. sewer sen,iee. 5 T......,,-.1 rl,.,r Len 0-I.A. .TL'D and- Tll~'�71~'T l PEIR iamde,stan.1 that the United prepertionate share E)f the eest E)f said saftitar-y sewer extension, not to exceed 0 of the eest of said publie impr-ovemefft,sinee OWNER and DEVELOPER will only be a portion of l.e eFtt;ng P evt;es to that; ..t CUPJTV iNSTRUMENW. A. Posting Seetwity. "ENER and DENTLOPER shall deposit, or- ea-use to be depesited�-----f�---- Formatted:Line spacing: 1.5 lines Formatted: No bullets or numbering with the CITY saeh iffevoeable. le#ews of eftedit or- sur-et-y bonds ("Seewity instruments") to guarantee eompletion and fnain4enaaee of only any ptiblie impfavements to be eenstmeted as Paft of the development of the Stibjeet Pfoperty The DEVELOPER sh l ve the sole lette.-of eyed;t of «et.,bend will be used as the s .-;t.,inst.idme..t.. 6. AMENDMENTS TO ORDWANCE5. All e ees,f�la4ia s, and e0des of management and drainage, eompfehefisiw land tise plan, and related restrietions, as they presently exist, exeept as amended, varied, or modified by the tefms of this Agreement, shaI4 apply to the SUBjECT PROPERTY and its development. The SUBjECT PROPERTY and i - •- Formatted:Widow/Orphan control,Tab stops: 0.5,Left+ 1.5,Left+ 2",Left+ 2.5',Left 9 BUILDING CODE T e building ,les f the CITY effect f the date c this + 3",Left+ 3.5',Left+ 4",Left+ 4.5',Left CODE. rri��m crrrr�cvucoi °crc�ccixsvrrriczxcccc�icixzcr ,f 5',Left+ 5.5',Left+ 6",Left+ 6.5',Left Agreemen4 shall govem the eonstfuetion of the building on the Subjea Property. These Agreement,«t sh ll apply to the SUBJECT PROPERTY TV From the date of this Agreement. nt if-,"ring the term E)f this Agreement,any existing,ameaded,Pie-d-ified-Aff ne,401,ardifianees,eades- -- Formatted:Widow/Orphan control,Tab stops: 0.5,Left+ 1.5,Left+ 2",Left+ 2.5",Left + 3",Left+ 3.5,Left+ 4",Left+ 4.5",Left + 5",Left+ 5.5,Left+ 6",Left+ 6.5',Left 6 CITY'S betmdaries, then the benefit of sueh less restfietive fequir-ements shall iWMe to the benefit of the OWNER and DEVELOPER, and an)4hing to the eontraff centained herein fietwithstanding,the OWNER and DEVELOPER may preeeed with develapffiefit of eenstna the pr-evisiens of this Agfeement, all n4ienad am-emdifnemts, deletions, or- additions to the building eedes of the CITY peftaiai*g to life/safety eonsidefations adopted after the date of this AgFeement whieh -all land withift the G17TY, shall be appheable to the S BTLCT PROPERTY. g FEES AND CHARGES, The CITY impose upe and eel-leet fiefil the�rnVISIE Formatted:Font:Not Bold and/of DEVELOPER, and theif r-espeefive eentfaetefs aiid supplier-s, only these peffnit, lieense, Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline is generally applied thfoughout the CCTV Formatted:Font:Not Bold,No underline CONTRIBUTIONS,-. Formatted:Font:Not Bold Formatted:Font:Not Bold The CITYAy shall not require the OWNER ora*d DEVELOPER to donate any land or money toy Formatted:Font:Not Bold,No underline the CITY,or any other governmental body,-since the cProperty is being used for business Frmtted-Font,Not Bold Formatted:Tab stops: -0.94",Left+Not at purposes... Except as otherwise provided in this Agreement,the CITY shall not require that any 6"+ 6.5" part of the PROPERTY be dedicated for public purposes including the exercise of the authority granted in Section 5/11-12-8 of the Illinois Compiled Statutes 165 ILCS 5/11-12-81. Formatted:No underline �— Formatted:Tab stops: 6",Left+ 6.5",Left+ Not at -0.94" 8470-. . MASS GRADING AND PREPARATION OF PROPERTY FOR Formatted:Left DEVELOPMENTS ` �� Formatted:Font:Not Bold The DEVE OPE The DEVELOPER shall, at its own risk, have the right, prior to obtaining �, ,,`,. Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline approval of final engineering drawings and prior to approval of a Building Permit being issued, \ Formatted:Font:Not Bold,No underline to undertake: mass grading work, stormwater detention, filling and soil stockpiling on the Formatted:No underline property in preparation for the development of the property upon city approval of a grading plan 7 and soil erosion plan,and compliance with all other items required by the city's soil erosion and sediment control ordinance. Formatted:Small caps •- Formatted:Heading 9,Line spacing: 1.5 2� lines,Tab stops: 0.5",Left f Formatted:Font:Not Bold,Small caps ~' Formatted:Small caps 11 OVERSIZOIG OF �� ROVE�ENTc ltr T o. o _..o �•_ ,so . o. o = £o LPd'F 6VERSizW6 :4tdB B£;✓P;AdEd6 OF Font:Not Bold,Small caps Formatted:Font:Not Bold,No underline, Small caps r SUB I-EG-r-P OPERTv, T m ry rr g Formatted:Font:Not Bold,No underline, Small caps Formatted:Font:Not Bold,No underline, Small caps Formatted:Font:Not Bold,No underline, Small caps 1 Formatted:Font:Not Bold,Small caps Formatted:Small caps YERKNIIT r r!SSU ..G . BUIL-,O46 PERMIT FOR T-11F SUBjFGT Dni.nnnTV Formatted:Font:Not Bold,Small caps Formatted:Font:Not Bold 9. 42— EVELOPMENT MARKETING SIGNAGE -- Formatted:Tab stops: 0.5",Left+Not at b..., 1.06.. —DEVELOPER may install and maintain)one(1)illuminated double-faced four(4')foot by Formatted:Font:Not Bold twelve(12')foot sign at the front of the Subjeet Property contiguous to Illinois Route 47 until a Formatted:Font:Not Bold,No underline certificate of occupancy is issued for the medical building on this PROPERTY. Formatted:Font:Not Bold Formatted:Left,No widow/orphan control, Tab stops: 1.06",Left+Not at 0.5+ 1.5"+ 2"+ 2.5"+ 3"+ 3.5"+ 4"+ 4.5"+ 5"+ 5.5 Formatted:Font:Not Bold 4 Formatted,Font:Not Bold,No underline granted in Chapter 65, Seetion-5/11 12 8 of the jilineis GeWiled Statu4es (2010) ed., shall th-e Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline except as othefwise p-eyidea in this Agreement—. Formatted:Font:Not Bold 10, OVERSIZING OF IMPROVEMENTS Formatted:No underline Formatted:Font:Not Bold In the event oversizing,deepening,or the location of public improvements is hereafter requested \ Formatted:Font:Not Bold,No underline and properly authorized by the CITY for the purpose of serving property other than the \\ Formatted:Font:Not Bold,No underline PROPERTY, the CITY shall enter into a Recapture Aueement, as defined in Paragraph 11 \ Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold,No underline 8 hereof,with DEVELOPER providing for the payment of the cost of such oversizing, deepening or location by the OWNER of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Property. 114. ECAPTURE AGREEMENTS.- Formatted:Font:Not Bold A. Benefiting the S T�9T PROPERTY. Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline The CITY agrees that in accordance wither Section 5/9 5 1 et.seq. 11-12-8 of the Formatted:Font:Not Bold,No underline Illinois Compiled Statutes,(65 ILCS 5111-12-812992-Uitien,the CITY shall enter into recapture Formatted:Font:Not Bold,No underline agreements with the OWNER and DEVELOPER for a portion of the costs of certain public Formatted:Font:Not Bold,No underline Formatted:Font:Not Bold improvements constructed by OWNER and DEVELOPER which the CITY has determined may Formatted:No underline be used for the benefit of property(the`,Benefited Properties")not located within the cr rLT Formatted:No underline PROPERTY which will connect to and/or utilize said public improvements. Formatted:Font:Not Bold The CITY.. s to allow DEVELOPER to eelleet interest on r-eeaptufe fees to the, DEATEPLOPER at six pefeent (7.5,0; annum) to the eenlifie-A vVe-sits 4- ewn the, di—ate, the B. encumbering the S 1 jECT PROPERTY. --- Formatted:Tab stops: 1°,Left+Not at 1.5" Pursuant to a written Easement Agfeement previously entered into by the prior Owner of the Formatted:No underline Property and the CITY,it is anticipated that the CITY would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right- of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the CITY. It was further anticipated that the CITY would extend that sanitary sewer main north to service not only the PROPERTY but additional property to the north of the PROPERTY on the west side of Route 47 that currently lacks sanitary sewer service. OWNER and DEVELOPER understand that the CITY shall have a right toy- Formatted:Tab stops: r',Left+Not at 1.5" require as part of this Agreement a recapture as to a proportionate share of the cost of said sanitary sewer extension. 9 SUBJECT PROPEPTY i'vhieh the, CITY- has any knowledge of of iffind-ew v.,hieh the GITY is oF does the CITY have any knowledge of a pending or- eofAemplated request f6f approval of any siieh reeaptitre., .,t.. .1:...,nee...1.ieh will e ff..t the S B ECT PROPERTY. 125. ONSITE EASEMENTS AND IMPROVEMENTS, Formatted:Font:Not Bold In the event that during the development of the S T�JECZ PROPERTY, DEVELOPER- Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline determines that any existing Utility easements arid/Or underground I1rieS require relocation to Formatted:Font:Not Bold facilitate the completion of -DEVELOPER's obligation for thee S TACT PROPERTY in Formatted:Normal,Justified,Tab stops: l.s", Left+ 2",Left+ 2.5",Left+ 3",Left+ 3.5", accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with Left+ 4",Left+ 4.5 Left+ 5",Left+ 5.5", Left+ 6",Left+ 6.5",Left DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the S TACT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the S 1�CT PROPERTY, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. In the Lent t>,°°° ,.,,t *A- the, asso-ei-ated-i'vith bur-ying what had been overhead utility lifies, the DEVELOPER shall ha-ve t right to make Ale determination as to whether the wility lines will be bthried or re 100- . The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. Formatted:Normal,Justified,Tab stops: 1.5", ` Left+ 2",Left+ 2.5",Left+ 3",Left+ 3.5", Left+ 4",Left+ 4.5",Left+ 5",Left+ 5.5", Left+ 6",Left+ 6.5",Left 10 136. CONFLICT IN REGULATIONS, Formatted:Font:Not Bold The provisions of this Agreement shall supersede the provisions of any ordinance, code, or Formatted:Font:Not Bold Formatted:Font:Not Bold,No underline regulation of the CITY which may be in conflict with the provisions of this Agreement. Formatted:Font:Not Bold 14_7. GENERAL PROVISIONS.- % Formatted:Font:Not Bold Formatted:Font:Not Bold A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall � � Formatted:Font:Not Bold,No underline County by any of the parties or their successors or assigns by an appropriate action at law or in ` Formatted:Font:Not Bold equity to secure the performance of the covenants and agreements contained herein, including Formatted:No underline the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding ;,- Formatted:No underline 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. 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 arty is required to,or may wish to,serve Formatted:No underline 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: 11 (1) If to OWNER_ -Castle Bank N.A. 109 W.Veterans Parkway Yorkville,IL 60560 DEVELOPER: -Priority Health&Body Inc. 201 E.Veterans Parkway Yorkville,IL 60560 with copies to: Attorney Daniel J.Kramer 1107A S.Bridge Street Yorkville,IL 60560 Fax:(630)553-5764 (11) If to CITY: United City of Yorkville Attn:City Clerk 800 Game Farm Road Yorkville,1160560 Fax:(630)553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964890 Game Fafm Rea Chicago,IL 60604Vefleville,11605,60 Fax:(3126-M)382-2127553 7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to lheto the other parties. -- Formatted:Tab stops:Not at 6"+ 6.5" E. Severability. This n gree. ent is entered iFA 1JFL9,,.,,,r tR a,o nF-01'iSiA"S s f Chapter tic Formatted:No underline 9–tee-5,111 14.1 , et se Min.;,, Compiled S..... g. (2010 ea) In the event any part or portion of this Agreement,or any 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 cT�r PROPERTY. Formatted:Tab stops:Not at 6"+ 6.5" 12 F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended Formatted:No underline from time to time in writing with the consent of the parties,pursuant to applicable provisions of the City Code and jllinois Compiled Statutes. This Agreement may be amended by the CITY Formatted:No underline 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 eTT�CT PROPERTY not affected by such amendment. G. Co, nveymccs. Nothing contained in this Agreement shall be construed to restrict or limit ,- Formatted:No underline 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 - Formatted:No underline resolutions necessary to permit the OWNER and DEVELOPER,and their successors or assigns, to develop the eTTT' rPROPERTY 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 Formatted:No underline construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER or/OWNER. J. Captions and Paragraph Headings. The captions and paragraph headings used herein are ;, Formatted:No underline 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, - Formatted:No underline Kendall County,Illinois,at OWNER and DEVELOPER's expense. 13 L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the - Formatted:No underline 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 Formatted:No underline deemed an original,but all of which together shall constitute one and the same document. M-.. - Formatted: No bullets or numbering N. Time is of the Essence. Time is of the essence of this Agreement and all documents, ,., Formatted:No underline agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto O. Exculpation. It is agreed that the CITY is not liable or responsible for any Formatted:No underline 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 crr�CT PROPERTY, the CITY,the DEVELOPER and OWNER,including,but not limited to,county,state or federal regulatory bodies. Signature Page follows Formatted:Centered,Indent:First line: 0" --- Formatted:Indent:First line: 0" IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. - Formatted:Indent:First line: 0" OWNER: CITY: Formatted:Indent:First line: 0" 14 CASTLE BANK N.A.,A DIVISION OF UNITED CITY OF YORKVILLE, FIRST NATIONAL BANK OF OMAHA an Illinois municipal corporation By: By: F- Formatted:Indent:First line: 0" Titl-L—Mayor Attest: Title: City Clerk DEVELOPER: t - - Formatted:Indent:First line: 0" PRIORITY HEALTH AND BODY INC. AN ILLINOIS CORPORATION By: Formatted:Indent;First line: 0" Dated: 15 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT ("Agreement"), is made and entered into as of the day of , 2013, by and between CASTLE BANK N.A., A DIVISION OF FIRST NATIONAL BANK OF OMAHA (the "OWNER"), PRIORITY HEALTH AND BODY MAKEOVER INC. (the "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 (the "CITY") by and through its Mayor and City Council (the "Corporate Authorities"). WITNESSETH: WHEREAS, the OWNER is the owner of a certain tract of property comprising acres legally described and identified in the Petition for Annexation, which is attached hereto as Exhibit A, (the "PROPERTY") which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the CITY; and, WHEREAS, the DEVELOPER is the contract purchaser and desires to annex the PROPERTY to the CITY for the purposes of developing a medical office building; and, WHEREAS, OWNER and DEVELOPER desire to proceed with the development thereof for medical office building use in accordance with the terms and provisions of this Agreement. WHEREAS, OWNER and DEVELOPER desire and propose pursuant to the provisions and regulations applicable to the B-2 General Business District of the Yorkville Zoning Ordinance to develop the PROPERTY in accordance with and pursuant to a certain Preliminary 1 Development Plan prepared by and dated as last revised a copy of which is attached as Exhibit B; and, WHEREAS, it is the desire of the parties that the development and use of the PROPERTY proceed 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. WHEREAS, 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 and the Corporate Authorities conducted the public hearing on this Agreement on WHEREAS, all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code regarding matters in this Agreement have been given. WHEREAS, The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Agreement and the rezoning and development of the 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. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. LEGAL CONFORMANCE WITH LAW This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 of the Illinois Municipal Code (65 ILCS 5111-15.1-1 et seq.) and the CITY ordinances, as amended from time to time. The above whereas clauses are hereby made a part of this Agreement by incorporation into this paragraph. 2. AGREEMENT: COMPLIANCE AND VALIDITY The OWNER has filed with the City Clerk a proper petition, Exhibit A, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the PROPERTY to the CITY. It is understood and agreed that this Agreement in its 2 entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless the PROPERTY is validly annexed to the CITY and is validly zoned and classified in the B-2 General Business District as contemplated in this Agreement. 3. ENACTMENT OF ANNEXATION ORDINANCE The Corporate Authorities within 21 days of the execution of this Agreement by the CITY will enact a valid and binding ordinance (the "Annexation Ordinance") annexing the PROPERTY to the CITY. Said Annexation Ordinance shall be recorded with the Kendall County Recorder's Office along with the Plat of Annexation, attached hereto and made a part hereof as Exhibit C. Recordation shall take place no more than 30 days after enactment of the Annexation Ordinance. 4. ENACTMENT OF ZONING ORDINANCE Within 21 days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a valid and binding ordinance zoning the PROPERTY in the B-2 General Business District subject to the restrictions further contained herein and all applicable ordinance of the CITY as amended from time to time. Said zoning shall be further conditioned on the development of the PROPERTY in accordance with a Preliminary Development Plan attached as Exhibit B and (Insert other preliminary plans,if any)_. 5. COMPLIANCE WITH APPLICABLE ORDINANCES The OWNER and DEVELOPER agree to comply with all ordinance of the CITY as amended from time to time in the development of the PROPERTY, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the PROPERTY but shall be equally applicable to all property similarly zoned and situated to the extent possible. 6. PERMIT FEES Permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the CITY to the extent possible. 3 7. CONTRIBUTIONS The CITY shall not require the OWNER or DEVELOPER to donate any land or money to the CITY, or any other governmental body, since the Property is being used for business purposes. Except as otherwise provided in this Agreement, the CITY shall not require that any part of the PROPERTY be dedicated for public purposes including the exercise of the authority granted in Section 5/11-12-8 of the Illinois Compiled Statutes (65 ILCS 5/11-12-8). 8. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT The DEVELOPER shall,at its own risk,have the right,prior to obtaining approval of final engineering drawings and prior to approval of a Building Permit being issued,to undertake:mass grading work, stormwater detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan,and compliance with all other items required by the city's soil erosion and sediment control ordinance. 9. DEVELOPMENT MARKETING SIGNAGE DEVELOPER may install and maintain one (1) illuminated double-faced four(4') foot by twelve (12') foot sign at the front of the Property contiguous to Illinois Route 47 until a certificate of occupancy is issued for the medical building on this PROPERTY. 10. OVERSIZING OF IMPROVEMENTS In the event oversizing, deepening, or the location of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 11 hereof, with DEVELOPER providing for the payment of the cost of such oversizing, deepening or location by the OWNER of properties benefited by the same. The improvements which qualify as benefited properties shall be identified prior to the United City of Yorkville issuing a building permit for the Property. 11. RECAPTURE AGREEMENTS A. Benefiting the PROPERTY. The CITY agrees that in accordance with Section 11-12-8 of the Illinois Compiled Statutes, (65 4 ILCS 5/11-12-8), the CITY shall enter into recapture agreements with the OWNER and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNER and DEVELOPER which the CITY has determined may be used for the benefit of property (the "Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. B. Encumbering the PROPERTY. Pursuant to a written Easement Agreement previously entered into by the prior Owner of the Property and the CITY, it is anticipated that the CITY would cause sanitary sewer service to be extended westerly across Route 47 from a manhole that is currently located in or near the Right- of-Way of Walnut Street and State Route 47 on the east side of State Route 47 at the expense of the CITY. It was further anticipated that the CITY would extend that sanitary sewer main north to service not only the PROPERTY but additional property to the north of the PROPERTY on the west side of Route 47 that currently lacks sanitary sewer service. OWNER and DEVELOPER understand that the CITY shall have a right to require as part of this Agreement a recapture as to a proportionate share of the cost of said sanitary sewer extension. 12. ONSITE EASEMENTS AND IMPROVEMENTS In the event that during the development of the PROPERTY, DEVELOPER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the PROPERTY in accordance with this Agreement and City Ordinances, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the DEVELOPER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY, the CITY shall fully cooperate with the DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by the DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, the DEVELOPER shall pay 5 for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. The CITY agrees to assist the DEVELOPER to obtain necessary easements and Illinois Department of Transportation Permits to construct said improvements. 13. 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. 14. 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. 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. 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. 6 D. Notices. Notices or other materials which any parry 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 OWNER: Castle Bank N.A. 109 W. Veterans Parkway Yorkville, IL 60560 DEVELOPER: Priority Health& Body Inc. 201 E. Veterans Parkway Yorkville, IL 60560 with copies to: Attorney Daniel J. Kramer 1107A S. Bridge Street Yorkville, IL 60560 Fax: (630) 553-5764 (11) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-7575 with a copy to: Kathleen Field Orr 53 West Jackson Blvd. Suite 964 Chicago, IL 60604 Fax: (312) 382-2127 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. In the event any part or portion of this Agreement, or any 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 7 shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the PROPERTY. F. Agreement. 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 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 PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such amendment. G. Conveyances. 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 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 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 terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER or OWNER. J. Captions and Paragraph Headings. 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. 8 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. 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 contained in this Agreement shall be performed in a timely manner by all parties hereto O. 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 PROPERTY, the CITY, the DEVELOPER and OWNER, including, but not limited to, county, state or federal regulatory bodies. Signature Page follows IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNER: CITY: CASTLE BANK N.A., A DIVISION OF UNITED CITY OF YORKVILLE, 9 FIRST NATIONAL BANK OF OMAHA an Illinois municipal corporation By: By: Mayor Attest: City Cleric DEVELOPER: PRIORITY HEALTH AND BODY INC. AN ILLINOIS CORPORATION By: Dated: 10