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UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO , 201344
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AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS , AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT WITH
JAC KENDALL HOLDINGS , LLC
(Briartivood — Cornerstone Subdivision)
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 12`I' day of March, 2013
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Prepared by and Return to :
United City of Yorkville
800 Game Farm Road
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Yorkville, IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on October 10, 2013 .
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Ordinance No . 2013
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT WITH
JAC KENDALL HOLDINGS , LLC
(Briaiivood — Cornerstone Subdivision)
WHEREAS, the United City of Yorkville (the " City") is a duly organized and validly existing
non home-rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
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WHEREAS , the City entered into an Annexation and Planned Unit Development Agreement
dated July 21 , 2003 and further amended on April 27, 2004 for the Briarwood — Cornerstone
Subdivision; and,
WHEREAS, the current owner/developer, JAC Kendall Holdings, LLC has requested that the
City reinstate the building permit fees at the time of annexation and reduce other property impact fees to j
stimulate construction within the development; and,
WHEREAS , the City Council has reviewed the proposed Second Amendment to the Annexation
and Planned Unit Development Agreement and find that it is in the best interest of the City; and,
WHEREAS , the statutory procedures provided in Section 11 - 15 . 1 - 1 of the Illinois Municipal
Code for the consideration of amendments to annexation agreements have been fully complied with.
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NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows :
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section: 2. That the SECOND AMENDMENT TO AN ANNEXATION AND PLANNED UNIT
DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS AND JAC KENDALL HOLDINGS, LLC, AS SUCCESSOR OWNERIDEVELOPER
(BRIAR WOOD/CORNERSTONE) , attached hereto as Exhibit A and made a part hereof by reference, is
hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute said
agreement on behalf of the United City of Yorkville.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
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Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day
of C �( , 2013 .
CITY CLERK
Ordinance No. 2013 -�
Page 2
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CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI � f� _ LARRY KOT
MARTY MLINNS �� CHRIS FUNKHOUSER
ROSE ANN SPEARS _ DIANE TEELING
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this / day of
J vrlr- , 2013 .
MA OR r
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Ordinance No. 2013 -
Page 3
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SECOND AMENDMENT TO AN ANNEXATION
AND PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YOKRVILLE, KENDALL COUNTY, ILLINOIS
AND JAC KENDALL HOLDINGS , LLC, AS SUCCESSOR OWNER/DEVELOPER
(BRIARWOOD/CORNERSTONE)
THIS SECOND AMENDMENT to an Annexation and Planned Unit Development
Agreement dated July 21 , 2003 , by and between the United City of Yorkville, Kendall County,
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Illinois (the " City") and Northern Trust as Trustee under Trust Agreement dated September 11 ,
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1978 and known as Trust No . TH 0018 (the " Original Owner/Developer") as amended on April
27, 2004, by Triangle Holdings , LLC (the "Successor Owner/Developer") is now by and
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between the City and JAC Kendall Holdings , LLC (the " Current Owner/Developer") dated this
day of J UI%Jt , 2013 .
PREAMBLES
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WHEREAS , the Original Owner/Developer submitted an Annexation and Planned Unit
Development Agreement (the " Original Agreement") , including a Preliminary Plat of
Subdivision which provided for the annexation of real property as legally described therein (the
"Subject Property") and the zoning of the Subject Property as General Residential and a Service
Business District; and,
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WHEREAS , in 2004, the Successor Owner/Developer applied to the City for a rezoning
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of the Subject Property to rezone the General Residential District from R-4 to R-2 and to
increase the area of the Service Business District, which application for said rezoning was
approved by the City Council and the Original Agreement was amended; and,
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WHEREAS , the Current Owner/Developer has now come forward to request the City to
reinstate the building permit fees as in effect as of the Original Agreement, reduce all required
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inspection fees, reduce the parks land- cash fee, the school land-cash fee, the school transition
fee, the library impact fee, the Bristol Kendall Fire District ("BKFD") fee and the South Water
and Sewer Recapture Fee (collectively "Residential Building Fees") ; and,
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WHEREAS , after review of the application and request, the City Council is prepared to
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further amend the Original Agreement, as amended, not as requested by the Current
Owner/Developer but rather as hereinafter set forth in order to bring the applicable Residential
Building Fees in line with fees assessed against other subdivisions in the City and to encourage
development and completion of the Briarwood Subdivision ; and, j
NOW, THEREFORE , in consideration of the premises and the mutual covenants
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hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties agree as
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follows :
Section 1 . The foregoing Preambles are hereby affirmed as if fully restated in this
Section 1 .
Section 2. Notwithstanding any provision in the Original Agreement, as amended,
provisions of the City Code or otherwise, it is hereby agreed that the Residential Building Fees
as applicable to the remaining undeveloped lots within the Subject Property for a term
commencing with the execution of this amended agreement and continuing for eight (8 ) years
thereafter, shall be set as follows :
School Transition Fee $25400 . 00
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YBSD Fee $ 11400 . 00
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Building Permit Fee $ 1 , 000 . 000 plus . 20 per square foot
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Water Connection Fee $ 31185 . 00
Water Meter Cost At Current City Rate
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City Sewer Connection Fee $ 200 . 00
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Library Impact Fee $ 400 . 00
BKFD Impact Fee $ 800 . 00
Park Land Cash Fee $ 23205 . 00 j
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School Land Cash Fee $ 3 ,514. 00
Sewer Water and Sewer Recapture Fee $ 13098 . 00
Section 3 . The parties hereto agree that except to the extent performance j
standards or other terms of the Original Agreement, as amended, have been further amended
herein, all other terms of the Original Agreement, as amended, are hereby ratified, re-published,
and confirmed between the parties hereto and remain the agreement of the parties . The Current
Owner/Developer warrants it shall stand in the position of a successor and assign of the
Successor Owner/Developer as to all rights accruing under the Original Agreement, as amended .
Section 4. Should any provision of this Second Amendment be found to be
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unenforceable by a Court of competent jurisdiction, the remaining terms and conditions of this
Second Amendment to the Original Agreement, as amended, shall remain in full force and effect.
Section S. All notices, demands, requests, consents , approvals, or other instruments
required or permitted by this Agreement shall be in writing and shall be executed by the party, or
an officer, agent, or attorney of the party, and shall be deemed to have been effective as of the
date of actual delivery, if delivered personally, or as of the third (3 'd) day from and including the
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date of posting, if mailed by registered or certified mail, return receipt requested, with postage
prepaid, addressed as follows :
To the Current Owner/
Developer: JAC Kendall Holdings, LLC
c/o Timothy E . Greyer
Steve Chirico
I6125 Redgate Lane
Yorkville, Illinois 60560
To the City: City Administrator
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
TIVith a copy to : Kathleen Field Orr
Kathleen Field Orr & Associates
53 West Jackson Blvd . , Suite 935
Chicago, Illinois 60604
Section 6. Time is of the essence of this Agreement and all documents, agreements, and
contracts pursuant hereto as well as all covenants contained in this Second Amendment shall be
performed in a timely manner by all parties hereto . j
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Second Amendment to Annexation Agreement as of the day and year first above written.
United City of Yorkville, an Illinois
municipal corporation
By:
May r
Attest:
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City erk
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JAC Kendall Holdings , LLC
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By:
President
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Attest:
Secretary
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Legal Description
PIN LEGAL DESCRIPTION
05-05 -402-008 Lot I Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -402-002 Lot 7 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05-402-003 Lot 6 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -402-004 Lot 5 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05-402-005 Lot 4 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -402-006 Lot 3 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05-402-007 Lot 2 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
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05 -05 -254-013 Lot 13 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -254-012 Lot 14 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -254-008 Lot 18 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -254-006 Lot 20 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -278-002 Lot 25 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -278-003 Lot 26 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -255 -001 Lot 37 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05-255-002 Lot 38 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -255 -003 Lot 39 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05-255-004 Lot 40 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -255 -005 Lot 41 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05-255 -006 Lot 33 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -255 -007 Lot 34 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05-255 -008 Lot 35 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -255 -009 Lot 36 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05 -254-016 Lot 10 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
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05-05 -254-014 Lot 12 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05-254-010 Lot 16 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -254-009 Lot 17 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05 -05-254-004 Lot 22 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
05-05 -254-003 Lot 23 Briarwood Subdivision, f/k/a Cornerstone Subdivision, United City of Yorkville, Kendall County, Illinois
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