Park Board Packet 2007 01-25-07 YORKVILLE PARKS & RECREATION DEPARTMENT
Administration Office — Riverfront Building
301 E. Hydraulic St Yorkville, 1L 60560 630-553-4341
Park Board Agenda
Thursday, January 25 , 2007
7:00 p.m. - Park Board Meeting
Riverfront Building
Call to Order:
Roll Call : Chris Rollins, Ken Koch, Van Truman, Gary Golinski, Debbie Horaz,
Seth Schoonover, Kelly Sedgewick, Alderman James Bock
Introduction of Guests, City Officials and Staff:
Alderman James Bock - City Council Liaison
Director of Parks and Recreation - David Mogle
Superintendent of Recreation - Sue Swithin
Superintendent of Parks - Scott Sleezer
Park Planner - Laura Haake
Public Comment:
Presentations:
Approval of Minutes :
Minutes - Regular Park Board Meeting - January 11 , 2007*
Bills Review:
Cash Analysis*
Bill List*
Old Business:
Old Post Office Rehab Quotes*
Community Survey
Grande Reserve Regional Ball Diamond Fence
Westbury Update
New Business :
YYBSA Agreement*
General Policies for use of Parks, Fields, and Facilities*
Athletic Field Reservation, Tournament Reservation Policies*
Tennis Courts
FY2007/2008 Budget Process
Hoover Agreement
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Park Board Agenda
January 25, 2007
Page 2
Reports:
Parks Report
Recreation Report
Additional Business:
Executive Session:
For the appointment, employment, compensation, discipline,
performance or dismissal of specific employees of the public body
or legal counsel for the public body, including hearing testimony on
a complaint lodged against an employee of the public body or
against legal counsel for the public body to determine its validity.
Adjournment:
Next meeting: February 8, 2007
*Items needing Board approval or recommendation
UNITED CITY OF YORKVILLE
YORKVILLE PARKS & RECREATION DEPARTMENT BOARD MEETING
Parks & Recreation Administrative Office Riverfront Building
Thursday, January 11, 2007
MINUTES
CALL TO ORDER:
Meeting was called to order by Ken Koch at 7:00 p.m.
ROLL CALL:
Ken Koch, Van Truman, Gary Golinski, Debbie Horaz, and Kelly Sedgwick
GUESTS/CITY OFFICIALS/STAFF:
Sue Swithin, Superintendent of Recreation
Scott Sleezer, Superintendent of Parks
Laura Haake, Park Planner
Tony Scott, Kendall County Record
Mark Harrison, Schoppe Design Association
Alderman Dean Wolfer
NEW BUSINESS:
Grande Reserve Park B Conceptual Plan
Mark Harrison, representing Schoppe Design, presented Park B which is in the middle of
multifamily homes. The park includes some property of bicycle trail, runs east/west,
north of railroad tracks and suited for disc golf since some of the land is linear in shape.
Other elements of the park are possible garden plots (open to residents of Yorkville), a
tetherball court, a sled hill of about 10 feet facing northeast, and a castle-themed shelter
and play structure for 5-12 year olds. The playground would have 3 bays of swings (2
tots and 4 belts), benches, and ramp to play area, 12 foot square or hex shelter, and a
"drawbridge" over a simulated "moat" of flowers. This theme is similar to Raintree's
Park B that will be completed in 2 years. Beresford Drive and Bissel Drive border the
park and provide great visibility from the roadways.
Dave Mogle is working with ComEd to lease a portion of their easement for disc golf.
Open space for kids to play ball connects the playground and disc golf area. The park was
budgeted at about $130,000 and the estimate is at $ 130,774. Building some things in-
house may save some money. The developer will build the park. This is the same builder
working on Park A, northeast of Park B.
How will garden plots be managed? Advertisement in the park catalog will appear next
year. Plots of 20' x 20' and/or 10' x 10' back to back will be rented. Spring and fall they
will be rota-tilled by the city. No hoses can be used, only watering cans. There is a
hydrant connection. The regional water management area may have future garden plots.
Multi-family homes back up to the disc golf course. The land drops so it is obvious
where the yards and park divides. Kelly Sedgwick suggested a bike rack near the start of
disc golf and near the bike path with a shaded park bench. The National Disc Golf
Association's guidelines states that clusters of 3 holes work best. So the course will have
15 holes. Signage with par will be posted. Staring points for each hole will have
concrete boxes.
Budget may not allow for an asphalt access path (250' -270') connecting the playground
and the Regional Bike Trail. If not added, more open space for playing would happen.
The use will be monitored for the future need for a path there. Disc golf would be
accessed by grass through the playground. South of the disc golf course are railroad
tracks. The disc golf course would be a "Scottish design" course. If ComEd would lease
this area, Parks would maintain it. Better grass would be used for fairways and other
areas could be natural and not mowed. Eventually, shrubs; trees, and boulders would be
added to add challenges.
The developer is short on soil, but hopes to make a small sled hill seeded with grass. A
riding mower could mow the 4 to 1 area. The land between the sledding hill and disc
golf is flat with some pitch and it can handle storm water. Parking will be near bike trail
or Bissel Drive or Beresford Drive, near garden plots.
The Board approves this park, and it will move to City Council. There will be an
informational meeting with the current homes in the area for their input. Van Truman
motioned to approve the conceptual plans of Grande Reserve Park B, and Gary Golinski
seconded the motion. The motion was unanimously approved.
APPROVAL OF MINUTES:
The minutes from the Regular Park Board Meeting of December 28, 2006, were
approved on motion by Gary Golinski and seconded by Debbie Horaz. The motion was
unanimously approved.
BILLS REVIEW:
Cash Analysis & Bill List
The Library Board is concerned with holding Parks and Recreation payroll checks at their
front desk. Susan Mika, Finance Director for the City, will talk to the Library Board and
hopefully it will be resolved soon. Stamps for Kelly Sedgwick and Debbie Horaz will be
ordered for convenience. Dave Mogle will secure the stamps, used only for payroll.
Kelly Sedgwick motioned to approve the cash analysis and bill list. The motion was
seconded by Van Truman. Roll call vote: Ken Koch—Yes, Van Truman-Yes, Gary
Golinski—Yes, Debbie Horaz-Yes, and Kelly Sedgwick - Yes. The motion was
unanimously approved.
OLD BUSINESS:
Old Post Office Rehab Quotes
March 1 " is the estimated time for the building to be open. The board received a
spreadsheet of expenditures. (The projected $5,000 for laminate countertops could
change.) The original cost was at $165,000. Most likely the cost of renovations will be
at $97,236.02.
Gary Golinski motioned to accept the recommendation of duct work cleaning and
replacement of all registers (when the construction is done) by Farren Heating and
Cooling for $2,289.00 was given by Gary Golinski and seconded by Van Truman. Roll
call vote: Ken Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, Debbie Horaz-Yes,
and Kelly Sedgwick - Yes. The motion was unanimously approved. Changing filters and
fixing a small part on one unit should be the only additional work on ducts.
Debbie Horaz motioned to accept the recommendation for Fox Flooring for 6 inch base
material, labor to install carpet, install 6 inch base, snap down dividers between carpet
and tile, and metal dividers for $3,302.00 invoice number 2178. Fox Flooring was also
approved for 12' by 273.9' of carpet (# 17552) and labor to fill joints and tile areas. The
cost is $3,768.50 and the invoice number is 2179. Kelly Sedgwick seconded the motion.
Roll call vote: Ken Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, Debbie Horaz-
Yes, and Kelly Sedgwick - Yes. The motion was unanimously approved.
Van Truman motioned to approve the bid from Henne Construction & Electric, LLC of
$8,350.00 for the installation of phone and data cables, Cat 5 price includes
approximately 25 locations, 2 data, 1 voice jack. Plenum cable will be used. This
includes wall mount rack, patch panel, and wire molding for walls. The cost does not
include set up and reprogramming for the phone system. The post office phone system is
usable, so 4 more phones will be added (8 total phone lines). Phone numbers will stay
the same. Gary Golinski seconded the motion. Roll call vote: Ken Koch—Yes, Van
Truman-Yes, Gary Golinski—Yes, Debbie Horaz-Yes, and Kelly Sedgwick - Yes. The
motion was unanimously approved.
Van Truman motioned to approve the recommendation of Ebenroth & Associates, Inc.
for $9,265.00. This price includes labor and material to build center wall, partition walls
5 feet tall, construct counters in reception area, and patch and prepare walls for paint.
The estimate does not include laminate countertops. Gary Golinski seconded the motion.
Roll call vote: Ken Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, Debbie Horaz-
Yes, and Kelly Sedgwick - Yes. The motion was unanimously approved.
Kelly Sedgwick motioned to accept the bid from O'Neill Glass & Mirror, Inc. in the
amount of $ 1,315.78 to replace 2 front entryway glass panels that were leaking and dirt
was between the panels. Debbie Horaz seconded the motion. Roll call vote: Ken
Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, Debbie Horaz-Yes, and Kelly
Sedgwick - Yes. The motion was unanimously approved.
Van Truman motioned to approve Henne Construction & Electric, LLC for $7,325.00 for
installation of electrical work in walls for all circuits, including computers, copiers,
network, and electric for mechanical room server area. A full electrical layout was
submitted and outlets are added when needed. Debbie Horaz seconded the motion. Roll
call vote: Ken Koch—Yes, Van Truman-Yes, Gary Golinski—Yes, Debbie Horaz-Yes,
and Kelly Sedgwick - Yes. The motion was unanimously approved.
Planning Objectives
The Strategic Objectives were submitted to the board for review. The preface states this
is a "fluid" document and modifications will happen. Goal One states, `Be recognized as
a premier parks and recreation department – a trendsetter and leader. Objective 1 : By
May 2007, recommend potential site(s) for new maintenance building." Next month
possible sites will be brought to the board. The area behind the new Post Office and the
land offered to swap are still possibilities along with sites for sale. Van Truman
wondered if the cost of sites (deadline of 5/1/007) could be accelerated to help narrow _
down maintenance facilities choices. The original architect of project may assist to
research cost numbers. The date of 2/9/07 would be to identify sites and give preliminary
feedback, not to decide on specific sites.
Objective 2: Land acquisition states, "To be covered in Master Plan update and
incorporated into Strategic Objectives." Objective 3 : Address staffing needs states, "To
be covered in FY 6/07 budget proposals and incorporated into Strategic Objectives."
"Goal 2: Proactively match park programs and services with customers' wants and needs.
Objective 1 : By June 1 , 2007, finalize lease agreement for Hoover property." The lease
will include the Hoover updated conceptual plan. Plans are listed to address this. Laura
Haake is working on diagrams for Hoover. "Objective 2: By August 31 , 2007, complete
community survey on parks and recreation needs/desires." With budget restraints,
payment for the survey will be on the next fiscal year.
"Goal 3 : Aggressively tap all resources, including creating new and stronger partnerships. .
Objective 1 : By May 1 , 2007, finalize new school/parks agreement." Several actions
plans are listed to apply to that. Sue Swithin, Dave Mogle, and Van Truman will
represent Parks and Recreation. Dave Dockstader, Dr. Engler, and Seth Schoonover will
represent the school board.
"Objective 2: By June 1 , 2007, build a strategy for developing new partnerships."
Actions plans were listed under that. A copy of a past request of interest will be reviewed
by Staff.
"Objective 3 : By July 1 , 2007, complete a parks and recreation donation/gift brochure."
This process has started. Laura Haake compiled a sample brochure. People can donate
plaques on park trees, park benches, and recreation equipment at set prices. There may
be a miscellaneous column for pavers and such. This would provide consistency for
memorials and donations and be good for public relations. The information would be in
the Parks and Recreation catalog and on the website.
"Objective 4: Secure recreation programming space. Objective 5: Explore opportunities
to secure more grants."
"Goal 4: Contribute to the sense of community and well being in the United City of
Yorkville. Objective 1 : By January 31 , 2008, complete updating master plan. Action
Plan 1 : Outline a hybrid approach to updating master plan that uses both in-house
resources and outside vendors."
"Objective 2: Between May and October 2007, host three neighborhood park "open
houses" in which residents from the neighborhoods may attend for social interaction with
park and recreation department, city officials, and each other, food, and recreation."
When identifying locations for these open houses, some of the new parks will be high-
lighted. Van Truman suggested that parks were chosen from each quadrant of the city —
4 total. Currently the sites were planned northeast, northwest, and south. Bridge Park
could open the concession stand and have a movie there.
"Objective 3 : By October 31 , 2007, host two new community-wide events or
significantly enhance and expand existing events. Action Plan 3 : Increase presence in
July e parade through construction of a park and recreation department float. . . " Park
Board Members would be visible.
"Objective 4: By December 31 , 2007, have parks and recreation program(s) featured on
Public Access Television. Action Plan 1 : Meet with the Community Relation Manager at
Park and Recreation Department Staff Meeting and jointly plan tentative program."
Kelly Sedgwick expressed concern that if residents have Dish, won't get Public Access.
Cable does offer it. Webcast would reach more people. Alderman, Dean Wolfer can get
the number of residents that can access the public channel. It could be downloadable.
Content currently changes once a month related to programming.
"Objective 5 : Improve Park Board/City Council relationship. Action Plan 1 : Prepare and
manage list of upcoming park and/or facility completions, special program
commencements, and events in order that timely invitations to dedications, ribbon
cuttings, or inaugural events be sent to Park Board and City Council members." This
would include events like grand opening of the Old Post Office Building. When
recognize special people and their service within a City Council Meeting, Parks and
Recreation Board Members should be present. Van Truman suggested that since a
representative of City Council (Dean Wolfer) is present at board meeting frequently,
perhaps Parks and Recreation Board Members should rotate going to City Council or
COW meetings. Ken Koch agreed that usually if someone attends there is an issue to
resolve or explain. Rotating board members would just offer support. Dean Wolfer said
it is more important that each of the two boards respect jobs done by the other. Board
members are always welcome to meetings. Mr. Wolfer thinks relations are improving
and will get better.
An idea was to have the new building open for "Coffee with the Park Board Members"
when new catalogs come out. Members could hand out catalogs. Sue Swithin said a
Saturday morning could work. The strategic objectives for 2007 were received
positively.
Community Survey
Examples of the past survey were distributed. Northern University will structure the past
survey to translate to a phone survey this year. The Board is to red pen the past survey by
early next week and gives to Sue Swithin. Example thoughts Sue shared are to keep the
survey questions of locating area live in by river and Route 47, ask number in household,
years living in Yorkville, and marketing questions. The survey may include if residents
using facilities and programs in the past and how frequently. Question 10 may be
rephrased to "Have you used programs not offered in Yorkville?" People should be
asked if willing to pay for a facility or program and how much. Question 11 and 12 are
evaluated through program feedback surveys already and conversations at parks.
Question 13 may be kept but the language changed. Question 14 may not be used. The
future services part of survey would have residents say if they wanted the opportunities or
rate the importance of the following: preschool, youth sports, adult sports, cultural arts,
theater, and senior citizen programs. Outdoor facilities would be narrowed down in the
same way such as playgrounds, indoor pool, outdoor basketball courts, ice skating rink,
disc golf, bocce ball, trails, skateboarding, boat/canoe launch, and high adventure
equipment. BMX was suggested as an idea. Tennis courts and teen center can be added
to facility list. Cross-country skiing and a 9 hole, par 3 golf course could be added.
Board members can number priorities in importance when providing Sue with feedback.
Van Truman suggested taking into consideration how long the survey will take for
residents. Northern University should know the optimal length, what opening message to
tell people and to be honest. Good survey results would reach 400 residents. The last
survey had the return rate of sixty percent which was great.
Sue Swithin asked Northern Illinois University about the issue of people not having land-
line phones and only using cell phones. The representative said he thinks the market will
be spread out enough. Phone numbers are available through the city or a vendor. The
scope of people will be gained when the age and gender are determined through the
survey to accommodate the cell phone usage issue.
MPI South Annexation Agreement — Park Donation
MPI South is a huge development. MPI is drafting their annexation agreement, so the
board was given the updated concept plan. The total land obligation is 40.07 acres.
Originally there were to be 4 parks. The north piece is no longer a park area. A
contribution of 28.8 acres will be for park land. MPI dropped around 26 acres of original
land. Ten acres adjacent to school will be a park site. The triangle park along Walker
road could possibly be a baseball complex. There is a small 5 acre park down north with
a possibility that additional land would be given at no cost. It could be below the 100
year flood plain, but above the 10 year. Dave Mogle and Scott Sleezer met with
representatives of MPI. This agreement will go to COW this Tuesday.
One concern from the agreement was read by Dave Mogle. "The Cash-In-Leiu
contribution will be used towards the construction of recreational amenities within or
adjacent to the Subject Property." Adjacent will be defined and the language will be
revised so not so restrictive. Legally land cash dollars can be used for a facility that is
not in the development. The Regional Ball Park is an example of this.
MPI gives the option of paying $2,900 per acre for grading. The agreement of Grande
Reserve was to set aside certain amounts for each park. Park E and Regional Park were
over budget, so Grande Reserve worried there was not enough money for other parks.
Now amenities are listed for each park. Parks agrees to a minimum of $200,000 spent
per each of the 3 parks to MPI. Parks and Recreation Department prefers to build the
parks instead of the developers (unlike Grande Reserve). However, there were positives
to the developers building the parks such as not having to oversee the construction. Also
Parks and Recreation didn't have to gather bids. Parks were done quicker. MPI will
front-fund the parks. Building will start in 2008.
There are 2 gas lines within the area. One is to the north and one to the south, but not on
park sites. A ball field could back up to that grass area.
Grande Reserve Regional Ball Diamond Fence
Close to $22,000 of chain link fence for outfield fences is needed for the 3 fields. A
quote for the price of fencing was distributed just for information. It is not known who
would pay for fences yet. A sealed bid would be used for over $20,000 purchases. Next
week Dave Mogle will meet with the construction manager of Grande Reserve Parks
about the money in the budget for fences. He said he would work with the park
department. Park E was over budget, so a revised plan for Regional was for $1 .2 million.
Fences were taken out of the plan. Scott Sleezer suggested the board write a letter stating
if the fences are put up by Grande Reserve, Parks and Recreation will fund the other 2
parks out of land cash dollars if needed. If not a riser for the concession stand, it will be
more work to get the sewer hooked up. The city is responsible for sewer lines, but not
responsible for Grande Reserve priorities.
Baseball prefers 432' fences. The 6' height is safer so kids can't flip over them and a
yellow plastic cap is not needed. This height would be consistent with sideline fences.
Since the facilities are regional, Autumn Creek or other developers could add money for
the fences.
Scott Sleezer met with Fox Metro, and they are comfortable with plan of fences. Parks
agrees Fox Metro can be outside their easement when they need access to manholes.
Most of the time the workers will walk to the area. Trucks are used only if there is a
problem.
Other options to fund fence are to partner with YYBS or sponsors buy vinyl signs to
advertise on fences. The signs could be on a 3 year rotation for the fences. This has been
done on soccer goals already.
Hopefully, there is a resolution by January 25b.
Caboose for Whispering Meadows Park
There was excitement for buying the caboose, but moving it would be costly. Central
Machinery Movers, Inc. gave a high estimate of $ 18,500.00 to move the caboose. Kelly
Sedgwick suggested Diamond Rigging in Batavia was an option for another bid. Dave
Mogle called the owner of the caboose about moving options. Refurbishing costs
through the Trolley Museum in South Elgin and through the Illinois Railway Museum are
being researched. There are examples of volunteers refurbishing one hundred percent,
which would save lots of money. The caboose would not be restored to original period
for the interior.
NEW BUSINESS:
Hiding Spot Park Renovation Conceptual Plan
This park is north of the river on the comer of Park and Freemont. It was built in 1992
and will be redesigned. It is named for Theresa Eberhart, a local child that is wheelchair
bound. She is 11 years old. The theme will be music with interactive elements at ground
level. A ramp is provided to sidewalk and to play structure. Two tot swings and 2 belt
swings will be added to existing swings. A former wheelchair swing that doesn't meet
current standards will be removed, but the frame will be used for the new swings. A
sway fun glider will be added. This equipment can be used by those in wheelchairs or
anyone and is similar to a teeter totter.
Some elements include a sandbox with an ADA digger and the 12' by 12'shelter would
have an ADA picnic table. Plants such as lamb's ear plants will be along entrance and
interactive to the senses. A rain wheel (sounds like rain) and chimes can be on play
panels. Pictures of musical outdoor elements were provided in the packet.
The budget is at $65,000. Currently, the cost is at $63, 159.75 including estimates of the
playground, sandbox, shelter, concrete, and landscaping. This figure does not include
installation. It will be a community build. Dave Mogle has experience with this. Mulch
is at the park and will just have to be pushed back for footings. Some park borders are
already set.
The theme is so interesting. Scott Sleezer compliments Laura Haake's wonderful design.
The handicapped are drawn to being creative and music can encourage this. Parks will
probably copy this idea again. The Eberhart family will be shown the plans and be
encouraged to offer insight. It will be shown at a town meeting. This will come back to
the board and then to city council. Request for park proposals will be later in the 2007
budget.
Keyboard or notes could be stenciled or stamped on park sidewalk. Functioning outdoor
keyboards are very expensive.
REPORTS:
Recreation Report
The Polar Express was very successful. An Egg Express will be offered. The train will
go to a Naperville Park District Park for an egg hunt with the Easter Bunny. Families
will ride the train back. Winter Fun Day is Friday, Jan. 19th at Circle Center Grade
School. An organization from the peer mediation group or leadership group from the high
school will help with the event. In-house basketball starts with 10 on a team. There are
complaints about possible playing time. More coaches were needed. Hopefully, next
year there will only be 7 — 8 on a team.
ADDITIONAL BUSINESS:
Baseball
Ken Koch attended a baseball meeting on Sunday night. Registration is January 27 th
,
29th. February 3rd and 5th. YYBS reminded people to not go to Parks and Recreation for
registration. Ken was asked if a boy's group (12 year olds) can use the Grande Reserve
field on April 20th. Men' s softball league will be out there too. The concession stand
should be open by then. If not, portable toilets can be delivered. Dave Mogle will
answer questions about field usage. The power to the lights at Regional should be
hooked up this month. The rates of power are not communicated yet despite phone calls.
In January, YYBS and Parks and Recreation renew their agreement.
Park/School Agreement Meeting
Dave Mogle will talk to Van Truman about his availability to schedule a meeting with the
school committee. The current agreement expires in July and was for 3 years with
reviewing yearly. The new agreement length will be determined.
The school district is pursuing the City or Parks and Recreation involving renovation of
tennis courts by the high school. The mayor contacted Dave about this. At least one
alderman knows about this issue. Probably it will be mentioned at the COW meeting
next week. Parks and Recreation may be asked to consider that instead of the planned 4
courts by the middle school, rather contributing to the complex of 6 courts added near the
existing high school. This is south of the grass area on other side of the middle school
parking lot.
Miscellaneous
Gary Golinski, Debbie Horaz, and Ken Koch were given confirmation of the conference
on Friday, January 26th. At the board meeting on January 25th they will coordinate with
Staff on how to meet there.
Raging Waters discount passes for non-residents of Yorkville are up on January 15tH
Discounted passes for Yorkville residents will be honored past this date.
ADJOURNMENT:
The meeting adjourned at 9:51 p.m. following the motion by Van Truman and seconded
by Gary Golinski. The motion was unanimously approved.
Minute Taker—Eileen Lesak
MEMORANDUM
TO: Yorkville Park Board
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FROM: Dave Mogle, Director of Parks and Recreation
RE: Old Business
DATE: January 23, 2007
OLD POST OFFICE REHAB QUOTES
This will be an action item in which Staff will be seeking Park Board approval on certain quotes
provided to us for continued rehab of the Old Post Office. Staff is waiting for further details on
the quotes and will distribute them at the meeting, answer questions and seek approval for the
work to be completed. Quotes expected for consideration:
1- Counter Tops
2- Carpentry change order
COMMUNITY SURVEY
Staff will be receiving Park Board input on a survey questionnaire and defining who our target
audience will be for this survey. The information was distributed at the last Park Board meeting.
Discussion will occur and consensus reached.
GRANDE RESERVE REGIONAL BALL DIAMOND FENCE
Staff has had communication with the developer and will be meeting the construction manager
on Thursday afternoon. The desired outcome from this agenda item is to resolve the matter of
the fence and proceed with the construction of the final elements of the Regional Ball Park.
WESTBURY DEVELOPMENT UPDATE
Staff will report on the COW meeting on 1/16/07 at which Westbury made their first appearance
before the City Council since September. . The lengthy presentation was for the purpose of
addressing the council members directly, given the many unresolved issues with staff. For
background information the most recent version of the "parks" section of the annexation
agreement is provided.
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City of YORKVILLE PARKS AND RECREATION DEPARTMENT
INTEREST SURVEY
To support the city's effort to address recreation and needs, the Yorkville Park and Recreation Board is preparing a
Parks and Recreation Master Plan. Your response to the following survey will help determine the future of recreation
facilities and services for the city. Please complete the survey and return it in the enclosed pre paid envelope to: N.I.U.
- P.O.L. 1425W. Lincoln Hwy. DeKalb, IL 60115-9913. *If you need special assistance completing this survey please
call the office at 6305534357.
SECTION 1 , BACKGROUND INFORMATION
1 . Including yourself, how many people in each of the following age groups live in your -
household?
a. Infant /preschool 0 - 5 yrs _ d. Young adults 19 - 35 yrs.
_ b. Elementary 6 - '12 yrs _ e. Adults 36 - 54 yrs.
c. Teens 13 -, ' 18' yis _ f. Seniors 55 & over
2. Are you? 1 . Male 2. Female
Area 1 d Area 2
3. Which area (divide by Rt. 47 and 34) do you live in?
.4- RL 34
1 . Area 1 3. Area 2
2. Area 3 4. Area 4 Area 3 Area 4
4. How many years have you lived in Yorkville?
1 . 1 - 4 yrs. 3. 11 - 20 yrs.
2. 5 - 10yrs. 4. 21 +
SECTION 2 MARKETING
5. How are you currently receiving the Park and Recreation quarterly program catalog?
1 . Walk-in 2. Mail 3. Not Receiving
6. How would you most likely want to receive information about upcoming programs, events, development and
register for programs?
1 . Quarterly printed program catalog directly mailed to your home.
2. Internet / Web site 3. Other
7. How have you primarily been informed about our programs and events?
1 . Newspaper 2. Catalog 3. School 4. Friend/Neighbor 5. Signs 6. Not Informed
SECTION 3 USER SERVICES
Recreation
8. Have you or anyone in your household used any City of Yorkville Park and Recreation
Department pro -in the past 12 months? (e.g. sport leagues, fitness classes, trips, classes, special events)
1 . yes 2. no
t
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9. Have you or anyone in your household used any City of Yorkville Parks and Recreation Department facilities in
the past 12 months? (e.g. baseball/softball fields, community center, walking trails, parks, skate park)
1 . yes 2. no
10. Have you or anyone in your household taken part in -programs offered by the following groups or
organizations during the past 6 months. (Check all that apply).
a. Oswegoland Park District d. Plano YMCA
b. Yorkville Youth Baseball/Softball e. Club 47
c. Yorkville Youth Football f. Yorkville Youth Wrestling
g. Other (specify)
11 . If you or a household member participated in an activity or class offered by the Yorkville Recreation Dept. within
the last 12 months, how would you rate the following criteria?
1 = excellent 2 = good 3 = fair 4 = poor 9 = did not participate
a, Quality .. ...... . .. ... .. . .. .. . . . . .. . . . .. . . . . .. .. . .. . . . ... . .. . .. . .. .. . . ... ... .... ..... 1 2 3 4 9
b. Content . ....... .. ... . . . .. .. . . . .. . .. . ...... .. . .
c. Availability . ... . ..... . .. . .. . . .. .. . . . . .. . ... . .. .. . .. . . . .. . . . . ... . .. ..... . . .. ... . ... 1 2 3 4 9
12. If you or a household member participated in a special event (i.e..Music Under The Stars, Halloween Egg Hunt,
Farmer's Market, Outdoor Movies) within the past 12' months, how would you rate the following criteria?
1 = excellent 2 = good 3 = fair 4 = poor 9 = did not participate
a. Quality. .....4..4 . ..... . . .A . . . ..... .. . dA. . . . . .4 .. a. .. . .. ... . .. . ..4 .. . .. .. . .... .. . .4 . 44 . ..1 2 3 4 9
b. Content.... . ..... .... .. . .. .. . .. . . . . . .. . .. .. . .... .. ... .... ..... d .. . ....A. .. ... ... ... . ....1 2 3 4 9
c. Availability..... .. ... .. . . ... .. ..... . .. . . . . . .. .. .. . .. .. .... .. ....... .. . .. . . .. . . . ..... . ... 1 2 3 4 9
13. Do you think the city currently provides adequate recreational services for:
1 . Yes 2. No
a. Infant 0-2 yrs . .. .. .. . ..
b. Pre-School 3-5 yrs . .A . . ... ..
o. Elementary 6-11 yrs .... ..... ..
d. Jr. High 12-14 yrs . .. ..... ..
e. High School 15-18 yrs . 4. ..... ..
f. Young Adults 19-24 yrs . ... . ... ..
g. Adults 25-54 yrs . .... . .. ..
h. Sr. Citizens 55 & over . .. . . ... ..
Facilities
14. If you or a household member used a city park or facility within the past 12 months, overall how would you
rate the quality and condition of that park and/or facility?
1 = excellent 2 = good 3 = fair 4 = poor 9 = did not use
a. Playground Activities.. .. . .. . .. . . . . . .. . . . .. . . . ... . ..... ..... .. .. . .. . ... . .... 4. . .. .. .. . .. .... 1 2 3 4 . 9
b. Sportsfields . ... . .. . .. . .. . . .. ... . . ... .... .. . . .. .. . .. .. . . . .... . .. ... . . ... . . .... .... . . . .. ... . .. 1 _ 2 3 4 9
c: Greenspace Use.. .. . . . . .. . ... .. d . . .. . . . . . . q.Aq . d ... . . . . . .... . . . .. ... .... ... .. . .... . d . 1 2 3 4 9
2
15. Do you think the city currently provides adequate recreational-faciiifies for:
1. Yes 2. No
a. Infant 0-2 yrs . . . . . .. . ...
b. Pre-School 3-5 yrs
c. Elementary 6-11 yrs . . .. . .. . ..
d. Jr. High 12-14 yrs . . . . . . . . ..
e. High School 15-18 yrs ' . . ... . . ...
f. Young Adults 19-24 yrs . . . .. .. . ..
g. Adults 25-54 yrs .... . . . . .:
h. Sr. Citizens 55 & over . . .. . .. . ..
Section 4 FUTURE SERVICES
We would like your input in providing the direction for Capital and program needs, and establishing priorities to meet
the desires of the residents of Yorkville.
SERVICES
16. If funding were available for NEW AND EXPANDED service / programs how desirable would the following
recreation programs and services be for your household?
1 = Most Desirable 2= Very Desirable 3= Somewhat Undesirable 4= Not desirable at all
(use "1" only once)
a. Preschool programs ... . . ... .. . . . . . . . . . . .. . . . .. . . .. . . . . .. . .. . ... ... ... .. ......... ... . . .. .. . . . . .. .. . .. .. .. 1 2 3 4
b. Pee Wee Sports . ...... . .... . . .. . ..... .. .... . .... . . . .. . .. ... . . ... ..... ..... . .. . .... .. . .. ..... .. ... .... . . . .. .. 1 2 3 4
c. Day camp .. . . . .. ... .. . . . .. .. ... .. ....... ... .. . .. . . . . . .. . . . . . . . ..... . . .... . ..... ..... . . ... .. . .. . .. .... .. . .. :.. 1 2 3 4
d. Youth Sports .... .. . . . . . .. . .. . .... .... . . . .. ... . . . .. .. . . . ....... ... .. ... . . .. ... ..a... .... . . .. ... .. . .... 1 2 3 4
e. Safety Town program...... .. ... .... . . ... .. . .. .. . . . .. . .. ... . . .... ..... . . . .. ..... .. ... .. . . . . . . .. .. . . 1 2 3 4
f. Adult Sport leagues (softball, basketball, volleyball). .... ...... .... . ...... .... . . . .. . ... .... 1 2 3 4
g. Cultural Arts ... . .... ..... ... . . .. ..... . . . .... .. . .. .. .. .. . . ..... ... . . . ... .. . . ... .. ..... . . ... .. .....1... 1 2 3 4
h. Trips . ... . .. .. .. ... .. . . .. ... .. .......... . . . .. . . .. .. . .. . .. ... .... ..... . ...... . .... ... ...... ... . . . ..... . .. . . .. . .. 1 2 3 4
1. Senior Clubs. . .. .. . . ... .. . . . ...... . ... .. . .. . . .. . . . .. . .. . .. .... ..... . ...... . .... . ..... ..a... . .... .. ... . . . ... . . 1 2 3 4
j. Teen clubs. ...... . ..... ...... . .. ... .. .. . . . .. . . . . .. . . . . .. . .. ... . . .. ... .. ........... .......
k. After school programs.... ... .. ..... .. . .. . . . . ... . . . .. . . . .... .. . .. ....... .4 .4. . ...... 4. ... . . . ... ...a .. 1 2 3 4
I. Theatre programs . . ...... . .. .. . .... . .. .... . . . .. . . . . . .. . .. ... .... . .. .... . . ... ..... . . .. . .. . . . . .. .. ... . . .. . 1 2 3 4
m. Music .. . . .... .. ... ... . .. . .. . . . .... .. . .. . . . ... ... ... . .. ... . . .... . .. .. . .... .. . .... . .... . .... . . . . . ... .. .. .. 1 2 3 . 4
n. Art programs .... . ..... ... .... ... .. ... . . . .... . . . .. . . .. ... . . . .. . .. . . . . ... .. ..... .. ... .. .. . .. .. ... . .... 1 2 3 4
o. Craft & Hobbies programs . . .. .. . . . . . . .. .. . . ..... ..... . .... .. ... .. ... .. ..... .. ..... .. . 4 . ..... ... .. ... 1 2 3 4
p. Swim Lessons . ... . ... ..... ....... ... .. . .. .. . . ... . .. . . . ... .. ... .. ..... .. . .. ... .. . . . . . .
q. Instructional & Personal Enrichment programs. ... . . .. .. . .. ... .. .. ... ....... .. .. . .. . .. . ... . 1 2 3 4
r. Fitness/ Weight training programs . . .... . ... . . ... . . . .. .. . . .. .... . ... . ...... 1. ... . . .. ... ... 1 2 3 4
s. Family Events.... . ........ .. . . .... .... . .. ... . . . ... . .. . .. .. . . ... .. . .. .. ..... .. ....... ... .. . .. . . .. . .... . ..... 1 2 3 - 4
t. Cooking programs. . .. . .. ...:. .... . .. . .. .... ...... .. ... . ... .. . .. .. . .... .. . .. .. . .... .. ... .I. .... .... 1 2 3 4
u. Golf instruction... . . . . . .. . ..... .... .. .. . . . .. . . . .. ... . .. . . .. ... ..... . . .. ... .. .......... ... . .. ..... .. ... 1 2 3 4
v. Equestrian lesson ...... .... . .. ..... .. ... .. . .. . . . . ... . . ...... . ... ......4 .. ... ..... .... . a. .. . .. .... 1 2 3 4
w. Outdoor high adventure programs (climbing walls, camping). ... . .. ........ . . . . . .. .. . .. 1 2 3 4
x. Billiards .. .. .. . .... ... .. . ...... ... . . . .. .. . . .. ... . .. . .. .. . . . . . .. . ......... .. .. ... .. .. . . . . .. . . . .. .. . . . .. .. 1 2 3 4
y, Outdoor & nature activities (fishing, canoeing). . ... .. ... ..
z. Winter sports (ice skating, tubing; sledding). .... ..... . .. ... . ... .. . .... .. .. ... .. . ... . . .. .. . . 1 2 3 4
aa. Gardening.... . .... .. ... e. . . . .. . .. .. . . . .. . . . .. .. . . . . . . .. .d . . . ... 4 . .4 .. . . . ... . ... .. . .. .. . 4..... . .. ... .... 1 2 3 4
bb. Running clubs / biking clubs . . .. .. . . . . . .. . .. . . . . . .. . . . ... ..... . . .... . . . .. ....... . ... . ... . . .. . ..... . ... 1 2 3 4
cc. Bowling .. .... . .... ... .. ...... . ... . . . .. .. . . . .. . . . . . .. . . . . . .. . .. . ........ . .. . .... .. ... •.. .. .: . .... .. . .. . .. 1 2 3 4
dd. Roller skating /in line skating..... . . . .. . . . . . .. . . . .. . . . ... ..... . . .. .. . . ..... ..4 .... .. . .. . .... . ..... . . .. 1 2 3 4
ee. Tennis lesson. .. . . . .. ... .. . . .. ... ..
3
FACILITIES
17. If funding were available for development of facilities how desirable would the following recreation amenities
be for your household?
1 =Most Desirable 2=Very Desirable 3=Somewhat Undesirable 4=Not desired at all
(use "1 " only once)
INDOOR
a. Indoor Pool ... .. . . .... . . .. .. .. . ..... .. .. .. . . .... . ... ... . .. ... . . . . . . . . .. . ... . . . .. . . .. . .. 4 .. . ... . .. .. .. . ... .. 1 2 3 4
b. Gymnasium (recreation leagues for basketball, volleyball, and court sports)..... .. . . . ... . . 1 2 3 4
c. Multi-purpose room (exercise classes, dances, meetings, weight room) . . .. . .. . ... . . .. .. 1 2 3 4
d. Classroom space (arts, crafts, music programs, preschool programs). .... . .. . . . . ... . . .. 1 2 3 4
e. Fitness and Weight Area .... . . . .. . . .. . .. . .. . . . . ... .. . ..... . .. . . : . .. .. . . ... ..... .. . .. .... .. . . . . . . . 1 2 3 4
f. Nature Center.. .. ...... . ..... . .. ... . . .. .. ... . .. ... . . . .. .... .. .... . . .. . . ...... .. ... ...... ..... . .. .. .. . .. . . 1 2 3 4
g. Preschool rooms . . . . ........ . . .. . . . . . . . . . .. .. . . . .... .. ... .. . .. ... .. . ... . .A ... . . . . ... ... .. . . .. ... .. 1 2 3 4
OUTDOOR .
h: Additional Playground Activities.. . . ... . ... . . .... .. . ...... ... .. . .. ... . . .. . .. .. . . . . .. . . . . .. . .... . . ... . . .. 1 2 3 4
!. Outdoor Courts for Basketball w/ lights. .. . .... .. .. . .. . .... . .. . . . .... . . . .. ... . . .. . .. ...... . .. 0. . . .. ... 1 2 3 4
j. Outdoor Aquatic Center (zero depth pool, spray park, diving and lap pool)... . .. .... 1 2 3 4
k. Outdoor Basic Pool (lap pool and tot area).. .. 4.1 .. .. . . ... . 0 . . ... .. .. . . . .... . .. .. .. .... .. ... . . .. .... 1 2 3 4
1. Picnic Shelter. ... . ... .. . .. .... ..... . .. . ... . .... . ..... ... .... .. ... . . .. . . . .... . .... .. . .. ... . . ... .. .. . .. . .. . .. . .. 1 2 3 4
m. 16e Skating. Rink. ...... ... . . . . : . .... .. . .. ... .. . . ..... . . . . . . .. . . .. . . . . ... ... ... .. .... ... .. ..... ....... ... . .. 1 2 3 4
n. Sports fields (Softball / baseball, soccer, football fields). . . . . ..... . .. . . . . ..... . ..... .. ........ ... 1 2 3 4
o. Safety Town .. ... .. ... . ... . . .. . . . .... . . . .. ... . .. . . .... . ..... . . .... . .... . . ... ... .. .. . . .. . ........ ... .... . . . .. 1 2 3 4
p. Frisbee golf.... ... ..... .. .. .. . .. . . ..
q. Bocce Ball Courts.:.. .... q .. .. . ..... . .. . .. . .. .. . .. . . .. . . .. . . %. . ... . . q .... %. .. . .... . .... ...... . . .... . .. .. . . 1 2 3 4
r. 9 hole / 18 hole golf course.. .. .. . . . .. .. . .. ... ....... ..... . ... . .. .. . .... . . . .. ... ....0. ... .. . ..... .. .. .... 1 2 3 4
s. Nature trails... :. .. ..... . . .. . .. .... . ..... ..... ... .. . . ... .. . ..... .... .. . . . .. .. ... .. . .. . .. : .. .... .. ... .. .. . .. ... 1 2 3 4
t. Walking trails / Fitness trails. .... . . . .. ... .... ..... . .. ... ... ... . .. . .. . . .. .. . . . ... . .... . ...... ..0... . .. . ... 1 2 3 4
u. Skateboard park .. ... .. . . . .. . . .. ..... . . ... ..... ... .. . . . .. .. . . . ... . . .. .. . . . ... .. .. .. . ... .. ...... . . .. . .... .... 1 2 3 4
v. In-line skating area....... . .. . .. ... . .. . .... . . ....... ... .. ..... ..... .. . .. .... . .. .. ... .... .. .4....... ... . ... ... 1 2 3 4
w. Fishing piers..... . . .... .. . ........ ... . .. .... ... . . :.. ... . ..... . . ..... . .. . . . .. .. . .... . . . I. .. . ............ ... ... 1 2 3 4
x. BMX bicycle track / facilities... .... . .. .. .. .. . ..... . .. . ... . . .... . . . ... .. . .. . .... . .. . . . . . ... .. ..... . ... . 0.. 1 2 3 4
y. Sledding hills,... ... ... .. .. ....q ....... .. . .. . . ..4 . . .. . .. .... ... . . .. .. . ft. .. q. . .. . 0... . . ... .. . .. . . ... . ... 4. ... 1 2 3 4
z. Equestrian trails. ...... ... ... ... . .. . .4 . . . . .d . d .. .. ...... .4. ... ..d .. . . .d . d. . .. . .. . . q . .. ..0 0...... :.... .. . . .... 1 2 3 4
aa. Boat / Canoe Launch.. ... .. . .. ... . . .. ..... . . . . . . . .. . .. ..... .. .... . .. . . . . . ... .. ... . ... .. . .....4..... . ... .. 1 2 3 4
bb. High Adventure Equipment (climbing walls). . ... .. .. . . ..... . . . . .. .. . . . .. .. . 0 . .. . . . .... ... ... ... .... 1 2 3 4
cc. Open green space (undeveloped) ... . . ... .... ..... .. ... .:... . . . .. .. . . . . .. . ... .. .... ... ...0... .. ... . ... 1 2 3 4
18. If a referendum was needed in the future to build a recreation center, pool, aquatic center or sports complex
what would your level of support be? Please circle one answer.
1 —. Very Supportive 2 = Somewhat 3 =-Not Supportive 9 = Unsure
19. Please indicate any additional comments, suggestions and/or explanations for the entire survey.
"Thank you!"
Yorkville Parks and Recreation Board and Staff
4
January 9, 2007
To: Travis Miller, United City of Yorkville
From: David Warner, Freeborn & Peters LLP
Re: Response to Westbury Village Annexation Agreement Staff Review Comments
Enclosed Is a draft annexation and planned unit development agreement dated January 9, 2007 showing
revisions to the last revised version of the document dated November 13, 2006 for the Westbury Extension.
Your letter to me dated December 12, 2006 contained the comments of "staff and consultants including
Community Development, Engineering, Parks and Recreation and Public Works" on the November 13, 2006
draft.
The only substantive changes to the November 13, 2006 draft are responses to changes you requested in
your December 12, 2006 letter (as identified below). In addition, we have also prepared a revised water
improvement funding section based on the comments you provided me only last Thursday and for which you
requested we wait to receive before responding.
As you may be aware, if this Agreement and Annexation are not approved in January, Section 7-1-1 of the
Illinois Municipal Code would prevent any annexation from becoming effective until after the April elections.
This would further delay the development of a project the Village Board has already publicly announced they
generally support and for which the Plan Commission recommended approval last summer.
In light of these factors, we ask that you please reconsider your opposition to placing this on the Committee
of the Whole Agenda for January 16, 2006 as we had agreed. Otherwise, the substantial delay will harm the
interests of the City, Ocean Atlantic, the sellers and the residents of the City.
Outlined below are the items you suggested required further modification in your December 12, 2006 letter
With our response in bold red.
Recitals
Items E, F, G, H, L•
These recitals refer to previously annexed property under agreement with the petitioner for property adjacent
to the proposed annexation, however, staff sees no purpose to state these facts in this agreement. Staff has
concerns that this may lead to confusion in the future and would prefer these recitals be removed from the
agreement entirely.
The reason the other agreements are referenced in the recitals is to rp event confusion in the future
rather than lead to it as you suggest. If someone looks at this Annexation Agreement many years
from now, and the comprehensive development of Westbury is built out, they are likely to think that
this Agreement governs all of it rather than just north, middle and west villages. In order to further
allay your concerns, however, we have added Recital J to make it very clear what this Agreement
governs and does not govern. Please remove comment from final staff report if you agree.
Item J:
Please submit this plan with all pages anticipated to be included as Exhibit B for final staff review and
comment. As stated above, the latest Concept Plan has a revision date of June 30, 2006 and consists of
only 1 page.
Plan is attached. Note that there has been no change in unit count but that the villas in 9-M were
combined with the community complex to make it clear that this is the area where the mixed use
town-center will be located (as has been discussed throughout the process). Note that 6N is part of
that mixed use concept as well. Please remove comment from final staff report.
January 9, 2007
Section 2 Annexation:
Item C:
The City will require all signatures from property owners annexing (party to this agreement) prior to
approving this agreement. This language is fine, however, will be moot when agreement is approved
because all signatures will have been obtained.
This passage prevents the annexation of the property without the consent of the property owners to
the annexation agreement. The City may require signatures, but this language prevents the City
from forging ahead without such signatures. Please remove comment from final staff report.
Item D:
Remove "convenient" from this provision. This term is arbitrary - restate provision to state "necessary or
appropriate pursuant to".
Agreed. Please remove comment from final staff report.
Section 3 Zoning:
Item C:
Staff recommends removing entire paragraph and eliminating Exhibit D. There is not enough detail in the
Concept Plan (as submitted) to determine what amendments, variations, or waivers are being requested are
appropriate. Staff recommends considering any variances for lot dimensions and setbacks occur as part of
the Preliminary PUD review process. It is difficult to conclude how all of these exceptions will be applied,
without seeing the detail within a Preliminary Plan. For instance, it is difficult to determine the overall impact
of reducing the General Residence District setback line without knowing whether there will need to be
utilities within that setback. In addition, the sideyard setback adjoining a private street being reduced to 20'
from the edge of pavement may present some difficulties. Without seeing the detail within a Preliminary
Plan, or at a minimum a specific example, to determine the pavement width, parkway and sidewalk
dimensions within that section, it is difficult to determine if there will be sufficient room to construct and
maintain the facilities within that setback. Again, staff recommends that either the variances be considered
during the Preliminary Plan stage of the project so it is clear how the variance is intended to benefit the
layout.
Ocean Atlantic requires approval of these variances. Floor plans were provided you in December for
those products for which we can approximate.
Item E.ii.c:
Staff recommends removing "except for 'apartment and 'condolflat' units which shall include one (1 )
enclosed parking space and one (1 ) unenclosed parking space" from this provision. The purpose for the
increased design standards is to ensure a higher level of quality of this development and the additional
garage and parking spaces for these unit types will more likely result in a higher standard of the units which
has been expressed by staff and City Council as a concern for this development based on the high density
proposed by the Concept PUD Plan.
Two products will require parking exceptions: Garden Apartments and Residential Units within the
mixed use development. Floor plans have been provided to you of both products.
Section 4 Planned Unit Development:
Item A:
2
danuary9, 2007
Entire provision should be restated to clearly distinguish between the Concept PUD, Preliminary PUD and
Final Plan.
Agreed. Please remove comment from final staff report.
Detailed Preliminary Plans have already been prepared for the South and East Village subdivisions. Ideally
there would be one Preliminary Plan created for the whole Extension (Middle, West and North Villages).
Since it would appear that that is unlikely, staff recommends that the development be planned through the
use of larger Preliminary Plans. It is staff opinion that larger Preliminary Plans should be prepared for the
Extension to confirm that the appropriate utility and roadway connections are being considered across this
master planned, large scale community. Based on the current text within the agreement, it would appear
that Preliminary Plans will be prepared for portions, or phases, of the overall subdivision, and then Final
Engineering plans will be prepared to be "consistent with the overall purpose or character of the Preliminary
Plan." Section 4.A. limits each phase to a minimum of one entire Pod as the depicted on the Concept Plan.
Based on a review of the 6/30/06 Concept Plan submittal, it would appear that there could be as many as 23
Pods in the North (6 Pods), Middle (9 Pods) and West (8 Pods) Villages. If there is no maximum number of
Preliminary Plans identified, then the- City may obtain as many as 23 individual Preliminary Plans. Staff
recommendation is to limit the Extension to a maximum of three (3) Preliminary Plans. The maximum
number of Phases or Units, and supporting Final Engineering submittals could still be consistent with the
number of Pods within their Concept Plan.
Limited to four submittals as we agreed. Please remove comment from final staff report.
Last sentence add "PUD" between Preliminary and Plan and between Final and Plan.
Agreed. Please remove comment from final staff report.
Item B:
Revise the table to include how many units are located in Middle, West and North Village portions of the
Concept PUD Plan leaving the overall totals as prepared in separate columns.
Agreed. Please remove comment from final staff report.
Remove the second table depicting totals in East and South Village - these units are not part of this
agreement and the inclusion of this information may lead to future confusion.
Agreed. Please remove comment from final staff report.
Item C:
This provision should match the terms of the Rob Roy Interceptor agreement cited and include "best efforts"
will be made by the City to accommodate the "expedited" review process.
Agreed. Please remove comment from final staff report.
Item D:
Provision states (Section 4.F has a similar statement) " . . . that the practicalities of development may require
the DEVELOPER to request approval of Final Plans for a particular Phase or Phases that materially vary
from the approved Preliminary Plan, and that such Final Plans shall, if consistent with the overall purpose or
character of the Preliminary Plan, be promptly approved by the City as such requests are submitted."
This statement can be interpreted many different ways, and it would be in the best interest of the City not to
be put in a position of determining that a material difference does not make the Final Plans inconsistent with
the overall purpose or character of the Preliminary Plan. In other words, at what point is the Final Plans
more than being materially different and not "consistent with the overall purpose or character of the
Preliminary Plan", and therefore not consistent with the Preliminary Plan. This provision should be restated
3
January 9, 2007
to clearly state that if the Final Plan is inconsistent with the Preliminary PUD, then a modification of the
Preliminary PUD will need to be approved following the process described by Zoning Ordinance Chapter 13.
Agreed. Only changes that "do not alter the intent of the Preliminary PUD Plan" shall be approved.
This language is taken directly from your Zoning Code provisions governing minor changes. Please
remove comment from final staff report if you agree.
Item F:
This paragraph should be modified to clearly state that the final plan requirements of the subdivision control
ordinance will be adhered to and the approval process defined by the subdivision control ordinance will be
followed.
Agreed. Please remove comment from final staff report.
A 15 day examination of final plans creates an arbitrary deadline for staff and the City should not obligate
itself to this requirement. The Subdivision Control Ordinance procedures provide for an efficient process and
should be adhered to for this development.
Ocean Atlantic continues to request a time limit.
Language should be added to the third sentence stating that approvals shall also be based on sound
engineering practice.
Approvals should be based on what your codes and ordinances require not a subjective standard
that means something different to each person.
Items G and H:
Staff recommends modifying each paragraph to require this information to be part of the Preliminary Plan
submittal.
Replace "or" with "and" in both paragraphs between the plan types described.
Agreed. Please remove comment from final staff report.
Add 'Rob Roy" proceeding "Regional Trail" in item H to clarify which regional trail.
Agreed. Please remove comment from final staff report.
Staff recommends including an exhibit depicting the alignment of the Rob Roy Regional Trail to further
ensure there is no confusion regarding this requirement.
If you have an exhibit we would be happy to add it. One wasn't required in South Village and East
Village, however, where a majority of the trail lies.
Section 5. SANITARY SEWER AND WATER SYSTEMS AND FACILITIES
Ocean Atlantic is being asked to self-finance all of the water and sewer improvements for the entire
development. Therefore, Ocean Atlantic should have the right to determine what it can afford to
build, when it can afford to build it, and how it will finance the building of such improvements. If the
City would like to participate financially, Ocean Atlantic would welcome it, but until such a
commitment is made the language we have provided in Section 5 is how Ocean Atlantic intends to
build out the sewer and water improvements. YBSD has agreed to make their infrastructure fees
available for use in financing the interceptor. The paydown bonds are those recommended by your
Bond Counsel in his letter of last Thursday.
4
January 9, 20071.
General Comments on this Section:
Regarding Water Facilities:
As you know, EEI has reviewed the Water Works System demands that this development will exert on the
system and also have generally planned the Supply, Treatment and Storage components for the City's North
Pressure Zone (of which this development is wholly within). On October 2, 2006, we met with the Developer,
the Developer's representatives, to discuss these planning efforts. Our concluding statements within that
meeting were that the City' s Water Works System will need to be expanded to accommodate this
development. Based on a review of the demands this development will place on the Water Works System,
the near term needs were defined as 3-shallow wells @ 500 gpm capacity, Weep well @ 1 ,000 gpm
capacity, a 21500 gpm water treatment plant, and a 4,000,000 gallon stand pipe water storage facility. The
total estimated cost for these improvements is just over $16,000,000. It was explained during the October 2,
2006 meeting that the City does not have the bonding capacity to generate the funding for this large capital
investment, and that alternative funding approaches needed to be developed. Options that were to be
considered included the Developer front funding all of their Water Connection Fees (currently estimated to
be nearly $13,000,000) and then obtaining recapture on the additional investment needed to construct all of
the facilities. Alternative options included the issuance of SSA bonds, consistent with City policy, to generate
the capital dollars with some potential for recapture.
Staff opinion is that the Water Works System portion of Section 5 does not have the specificity that would
make the City comfortable that the Developer understands the needs of the City's Water Works System to
accommodate their development, or has strong enough language that compels to developer to fund the
improvements to the level that is needed.
In terms of project management for the water works system improvements see attachment titled "Design-
Deliver-Build Water Works System Improvements Annexation Agreement Suggested Language" for
recommended language to incorporate into Section 5.,
Section S.A., the City is being asked to "warrant(s) that it will provide sufficient capacity and transmission..
..to adequately serve the needs of the development" and "the CITY shall, at the request of the
DEVELOPER, demonstrate the availability of adequate.. . capacity to serve such Phase." Without a good
comfort level of how the funding for these improvements will be accomplished, staff strongly recommends
that the City not commit to this. If, in the end, a reasonable level of comfort is provided for the funding of
these facilities, then staff would recommend adding text to this section that states "the CITY shall, at the
request of the DEVELOPER and at the DEVELOPER's cost, demonstrate the availability of adequate..."
Section 53. Delete reference to YBSD and revise to state "up-front payment of fees may be required by the
City for certain items. The fees associated with water and sewer connection should be listed within this
provision as well as be listed in the referred Fee Schedule exhibit.
Section 5.C. Clarify the first sentence to state that the "sanitary sewerage capacity and transmission
facilities" are defined as YBSD interceptor sewers only.
Agreed. Please remove comment from final staff report.
Revise to state that the City agrees to cooperate with the developer and YBSD in the design and
construction of those interceptors, as well as determining the financing for the work.
Section 5.13. Clarify the first sentence to state that the "potable water and water supply systems" are defined
as new wells, water treatment facilities, and water storage facilities.
Agreed. Please remove comment from final staff report.
Water meter costs should not be waived - this should be removed from the 5th sentence.
5
January 9, 2007 '
Agreed. Please remove comment from final staff report.
This section states that the facilities shall be "financed, designed, constructed, and installed pursuant to a
schedule to be determined in the sole discretion of the DEVELOPER." Section 5.G. adds on to that
discussion by stating, if the City shall fail to issue the bonds "the DEVELOPER shall have the right, but not
the obligation, to assume the CITY's position with respect to, or otherwise to undertake sole responsibility
for, the financing, design, construction, and/or installation of either such Water Supply Improvements or
Sanitary Sewer Improvements, or both, as the case may be." Staff recommends these two general
statements be removed or totally reworked.
Staff does not believe the City should be held to a schedule that is established at the "sole discretion of the
DEVELOPER", otherwise the DEVELOPER can take over the process.
If Ocean Atlantic is being asked to pay for the entire project why should they not be allowed to
determine the schedule for build out?
One option would be to agree that "a CITY and DEVELOPER will develop a mutually agreeable schedule" at
a certain point in time (i.e. approval of first Preliminary Plan).
Section S.F. states, "The DEVELOPER shall have no obligation to construct or guarantee financing of any
on or off-site Sanitary Sewer Improvements and/or Water Supply Improvements unless a Final Plan
encompassing the area in which any such facilities are to be located, or are designed to serve, has been
approved by the CITY and the DEVELOPER has undertaken the development of such area." As you may
recall, nearly all of the Water Works System major facilities are to be located in the farthest northwest
portion of the property. This was clearly explained at the October 2,2006 meeting referred to above. Since it
seems likely that the development will be constructed from East to West, it is uncertain when a "Final Plan"
will be created around the Water Works System facility sites. This statement should either be removed, or
restated. For instance, stating, "The City will work with the developer to site the Sanitary Sewer
Improvements and/or Water Works System Improvements in a manner that will not impact the purpose or
character of the Concept Plan."
Sections 5.7 ., 5.J. and 5.K. are inconsistent with the facilities that were identified in the October 2, 2006
meeting with the DEVELOPER and will need to be reworked to allow for sufficient property for all of the
facilities and reasonable timeframes (by including season considerations) for further on-site preliminary
engineering work.
It should be noted that the Developer did not allow access to their site for the Phase 2 Geophysical
Exploration work that the City currently is undertaking. Many other property owners in the area allowed
access, and we hope to receive good results. Due to the fact that the Developer did not allow access to the
sites, time will be need to be provided (with seasonal considerations) for the Phase 2 Geophysical
Exploration work, prior to the Phase 3 Test Hole phase of the shallow well siting program.
This is not true and its effect would be to anger and inflame the Board. Ocean Atlantic does not own
any property in the Extension and has never been able to grant access. This was explained to the
City and yet apparently the rumor persists. It is libelous to write something like this for public
distribution and it should be removed from your staff report.
Section 51:
Staff recommends removal of this paragraph. It is against current City Policy regarding the use of eminent
domain.
How else does the City obtain land for public improvements? It is nonsensical to think that if one
property owner does not want a water main to cross his or her property that the entire Westbury
development should be jeopardized because he refuses to sell and easement. This is a standard
provision in all annexation agreements.
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January 9, 2007
Regarding Sanitary Sewer Facilities:
If it has not been done already, as stated in the EEI July 6, 2006 Concept Plan review letter, staff
recommends that the Developer consult with YBSD to confirm that the Rob Roy Creek Interceptor and its
tributary interceptors will have sufficient capacity given the fact that the proposed housing density for this
development is over 3 units per gross acre and provide the City with written assurance of this.
Ocean Atlantic met with YBSD and was promised that the YBSD infrastructure fees could be used to
finance bonds to build out the interceptor. A letter from YBSD to that effect can be provided if the
Board requires it.
A number of the statements within the above Water Works System section apply to the Sanitary Sewer
Facilities, as well. For instance, Section S.C. includes very similar, and in staffs opinion ambiguous, funding
statements as S.D. We recommend that the funding approach and timeline should be better defined before
the City enter into the Annexation Agreement. See the Water Works System discussion for the concerns
with the language within Sections 5.F and 5.G.
The City cannot "guarantee" or "warrant" capacity, or the ability to provide capacity, within YBSD's
Wastewater Treatment Facility (WWTF). Due to the fact that YBSD owns and operates the interceptors, the
City may not be able to guarantee or warrant capacity within them either. We assume that the agreements
references to "sanitary sewerage capacity" is not meant to apply to the W WTF capacity, but recommend this .
be clarified in the agreement by changing "sanitary sewerage capacity" to "sanitary interceptor capacity".
However, please keep in mind that the general statement relative to "interceptor capacity" would include all
interceptors that serve this property through all of the interceptors that transport the wastewater to the YBSD
W WTF. Additionally, the City must receive confirmation from YBSD that we can, in fact make this statement.
Section 5 Conclusion:
Staff recommends the Developer prepare (or request our Consultant EEI and YBSD Consultant to prepare)
infrastructure improvement estimates for water and sewer infrastructure necessary for this development.
With these estimates, the City will consult with our bond counsel to determine what funding mechanisms
may be applicable and incorporate provisions to this agreement that are specific in terms of financial
amounts and timing for the improvements. Otherwise, staff recommends the Developer commit to front fund
the entire amounts necessary for the City to install the improvements and include provisions into this
agreement for the Developer to recapture any portion of the improvements constructed beyond the needs of
the Westbury Extension that benefit other properties/developments. Until these issues are resolved, staff will
not recommend approving this agreement or Concept PUD Plan.
The proposed language in Section 5 is what Ocean Atlantic is recommending and it would like the
Board to approve it or not as written.
Section 6. STORM WATER FACILITIES: RETENTION AND DETENTION
Add ""the locations Identified on the" in front of "Concept Plan" in the first sentence.
Agreed. Please remove comment from final staff report.
Add "and any applicable state and federal regulations to the end of the last sentence.
Agreed. Please remove comment from final staff report.
Section 7. STREETS, SIDEWALKS
7.A. Add language stating that offsite roadway improvements may be required if they serve the area being
platted.
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January 9, 2007
No. Ocean Atlantic is already agreeing to pay more than $5,000,000 in impact fees for City roadway
improvements and $4,000,000 in impact fees for County roadway improvements without a finding
that any of the improvements are specifically and uniquely attributable to its development. Ocean
Atlantic is also paying $1,200,000 for Route 47 engineering and $100,000 for the Western Corridor
Study. That is the extent of what it will contribute to state, city, and county roads.
Section 9. CONTRACTORS' VEHICLES AND EQUIPMENT
Staff recommends restating this provision to allow this activity only within Pods that are under substantial
construction. Concern is the last occupancy permit issued for the "property" may be several years out and
storage activities should not remain long-term in areas/pods of the development that have substantially built-
out.
Agreed. Please remove comment from final staff report.
Section 10, DEDICATION OF PUBLIC IMPROVEMENTS, EASEMENTS AND RIGHTS-OF•WAY
10.C. Delete the third sentence. Many punchlist items are commonly a result of build-out activities. Replace
the word "shall" with the word "may" regarding the City approving reductions to construction guarantees.
Agreed. Please remove comment from final staff report.
Section 12, FEES AND DONATIONS
12.A. Staff recommends a written acceptance of the terms of this provision from the School District be
included as an exhibit to this agreement and referred to in this section.
Agreed. It will be provided.
12.B. States the "Developer owns" 53 acres north of Galena Road - confirm this is a correct statement or
restate.
Ocean Atlantic is under contract to purchase that property.
Floor plans for the individual unit types must be provided to correctly determine land cash requirements for
this development. Based on the unit count, the 'estimated' land cash contribution is +/-66 acres.
Your staff report fails to mention that Ocean Atlantic increased the amount of land it was willing to
donate for park purposes by 28.5 more acres.
The language in the Annexation Agreement is what Ocean Atlantic is willing to offer as a park
donation and it would like the Board to determine if it is acceptable or not.
The proposed Concept PUD Plan includes 27 acres of land designated at 'park'. The annexation agreement
does not state that this land is to be contributed as dedicated park land to the City, however, it has been
discussed to date as being a dedication and Was referred to in previous draft agreements as being
dedicated. If the intention is to dedicate this land the agreement should be revised to clearly state this in this
section. Staff recommends re-including text into the agreement describing the acreage of each park on the
Concept PUD Plan and re-identifyingllabeling each park uniquely on the Concept PUD Plan (as in prior draft
agreements labeled as Park A-J).
The 53 acres (proposed as Exhibit G) refers to a future annexation. The Developer is committing to park
land to be dedicated from a development that would be approved as part of a subsequent annexation
agreement. Staff has concerns regarding this commitment and, although this will result in a new Public
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January 9, 2007
Hearing process, staff recommends the Petitioner include this acreage with the current annexation to
simplify.
The Park Board was presented the alternative land dedication (28.5 acres of the 53 acre parcel depicted in
Exhibit G) on September 28, 2006 and expressed concern regarding the approximate 13 acres portion
running west to east. This portion is long (approximately 2000 ft. west to east) and narrow (280 ft. north to
south). The Developer depicts several soccer fields in the drawing of this parcel, however, full size soccer
fields will not fit in this narrow park (unless Com Ed were to allow the use of their easement). Additionally,
with the dimensions of this land, there is not enough space to get a park drive to the more remote fields. The
Park Board and Staff does not recommend accepting or providing credit for this 13 acre portion. The sixteen
acre parcel with access to the Beecher Road extension has more potential in terms of its size and
configuration. However, there Is already an 8.8 acre park planned just to the northwest and a 10 acre park
just to the northeast in other developments. Most important, however, is that the 16 acre parcel is located
north of a busy highway (Galena Rd.) which separates it from the residential users that will populate the
Westbury development and does not address the limited public park space within the Westbury
development.
Staff recommends accepting the proposed areas designated as 'Park' on the Concept Plan with the
following amendments:
Neighborhood Park A shall consist of 7 acres located in substantial conformance with the
Concept PUD Plan;
Neighborhood Park B shall consist of 7 acres located in substantial conformance with the
Concept PUD Plan;
Neighborhood Park C shall consist of 5 acres provided that the Developer obtain
appropriate contractual permission from Commonwealth Edison for the City to utilize a
minimum of 10 adjacent acres for active recreational park usage such as soccer fields
and/or baseball/softball playing fields, at no cost, either current or at any time in the future,
to the City for said usage of this property. If the Developer does not receive this permission
by way of contract agreement within one (1 ) year of the date of this agreement, the
Developer agrees to contribute cash in lieu of this five (5) acre contribution at the current
land-cash ordinance rate at said time at the request of the City;
Neighborhood Park D shall consist of 3 acres located in substantial conformance with the
Concept PUD Plan;
Neighborhood Park H shall consist of 3 acres located in substantial conformance with the
Concept PUD Plan;
Neighborhood Park 1 shall consist of 2 acres located in substantial conformance with the
Concept PUD Plan;
Neighborhood Park J shall consist of 4 acres located in substantial conformance with the
Concept PUD Plan;
Staff recommends crediting the Developer 1 .25 acres as land contribution in addition to the 31 acre
contribution listed above for the Bike Trail segment along the Rob Roy Creek as depicted by the Concept
PUD Plan.
The land dedication and credits recommended above yield 32.25 acres. This leaves a difference of
approximately 33.75 acres to be contributed as cash. 33.75 * $101 ,000 = $3,408,750 which should included
in the fee schedule and be paid by the Developer.
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January 9, 2007
12.0 Should state "The Developer agrees to design and install, at the Developer's sole cost, playground
facilities at each of the seven (7) planned clubhouse sites depicted on the Concept PUD Plan. Said
playground facilities shall meet all current ASTM, CPSC and ADA requirements for playground standards."
Ocean Atlantic may wish to install such improvements to provide a higher quality playground and
recreational opportunity for its residents but it will not agree to be obligated to do so.
General Park Contribution Comments:
The Park Board's greatest concerns in reviewing the Concept PUD and the proposed park land
dedication is the inadequately sized parks in a higher than normal density area. While giving an
explanation on why they believe giving credit for private facilities (ie. Golf Course) is inappropriate,
the Park Board was willing to recommend a partial credit for public use of two of the stormwater
management areas if public access was made available to them in the form of a walking trail/path.
This proposal was rejected by Ocean Atlantic.
Since there is a reluctance on Ocean Atlantic's part to agree to the Park Board's recommendations,
the Board's position at this point is to simplify the issue; accept a minimum amount of park land and
take the rest of the land cash obligation in cash. This way it can put the cash toward the purchase 'of
additional park land or facilities in order to supplement the Westbury parks.
12.E Revise to state that the Developer shall maintain land to be donated up to the time that they are
accepted by the City and/or School District.
Agreed. Please remove comment from final staff report.
12.F Remove "utilities and other public services" from the first sentence.
Agreed. Please remove comment from final staff report.
12.G Since this paragraph deals with roadway improvements, it should be moved to Section 7. Delete the
last two sentences and replace them with language stating that the city road fee shall be used to
supplement, not replace, the developers reconstruction of existing perimeter roads. The Developer's
engineer must perform preliminary engineering to determine what would be required to bring the existing
roadway system up to current city standards. That amount should be the developer's "base" contribution
towards perimeter road reconstruction, with the balance of funds coming from the city road fee in order to be
consistent with the City's current Road Fee Policy. Delete reference to Westbury Blvd. and West Village
Road - these are new roads and the developer is responsible for their entire cost. Add language stating that
the city shall be the lead agency for the reconstruction of city perimeter roads, and that the developer shall
front- fund preliminary and design engineering.
See comment in 7.A above. Ocean Atlantic will not provide any additional funds for roads. In
addition, the credit for its own road improvements was approved by the Mayor.
12.1 Staff recommends a written acceptance of the terms of this provision from the BKFD be included as an
exhibit to this agreement and referred to in this section.
Ocean Atlantic is attempting to get this letter.
12.J States that the "Developer shall reimburse the City for no more than one million two hundred thousand
dollars ($1 ,200,000) of the City's engineering costs for designing the widening improvements to Illinois
Route 47 between Baseline Road and Cornelis Road ("Cornelis-Baseline Route 47 Improvements"). Such
reimbursements by the Developer shall be included within the special service area bonds described in
Section 18 of the Agreement." Staff recommends the City should be able to obtain those funds sooner than
when the development issues its first SSA bonds (assuming the Developer is approved by the City to issue
SSA bonds). Staff recommends that the Developer commit to providing the funding within 30 days of the
date of the Annexation Agreement. This may be reimbursed by the SSA bond issuance. Staff recommends
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January 9, zoo7
supporting the provision proposed by the Developer limiting the request for funds to be no more than
"$300,000 in any three-month period".
You are misunderstanding this provision. Ocean Atlantic is agreeing to pay such funds as soon as it
is invoiced by the City up to $300,000 every three months. It just wants such amounts to be included
in the SSA as part of its public improvements.
This Section continues to state "the City guarantees that the Corneils-Baseline Route 47 Improvements shall
be complete on or before 200_. ("Comeils-Baseline Route 47 Improvement Completion Date").
If the City shall fail to complete construction of the Corneils-Baseline Route 47 Improvements by the
Cornelis-Baseline Route 47 Improvement Completion Date, the City shall repay the Developer, within 30
days of receiving a written request from the Developer requesting such repayment for the reimbursement
amounts paid by Developer under this paragraph J, with interest accruing at 10% per annum from the date
such amounts were received by the City until repayment is made." Staff recommends that the City not
commit to a date when the improvements will be complete and remove this entire provision.
Ocean Atlantic needs a guaranteed date of completion for this donation.
General Route 47 Improvement Comment:
The total estimated cost for the Route 47 improvements (including engineering and construction) between
Cornelis and Baseline Road is $191000,000. The $1 ,200,000 proposed contribution is 6.3% of this total. The
most recent calculations prepared by staff based on the cost sharing formula for the developments within
this segment of Route 47 recommends a prorate share for Westbury would be 17.4% of the total cost (or
$3,300,000). Staff supports a reduction in this prorata share to $1 ,200,000 simply because this is the
amount necessary to complete the engineering for this project and would be a critical step in advancing this
project and the developer is not requesting any recapture for this contribution. However, staff does not
recommend committing to a completion date for construction because that date is unknown at this point and
the funding approach for construction is also unknown.
Note that Ocean Atlantic was never been provided a copy of this study so it cannot comment on its
veracity.
Section 13, BUILDING PERMITS
13.A Increase the ten (10) day period to fifteen (15) days.
Agreed. Please remove comment from final staff report.
Section 17, OPEN SPACE
Staff recommends removing this section entirely. The City Park contribution is addressed In Section 12 of
this agreement and all credits and contributions should be addressed within this section.
No. Open Space calculations are separately derived in your Codes and Ordinances and it needs to
be clearly stated that the Concept Plan complies with your Open Space laws.
Section 18. SPECIAL SERVICE AREAS. SPECIAL ASSESSMENTS TAXATION AND RECAPTURE
General Comments:
The SSA's described by this section are the 'traditional' SSA's and are inconsistent with the City's current
policy on SSA's which requires the 'pay-down' type to be utilized when City Council determines the need is
justified. Staff has requested the Developer contact our Bond Counsel to discuss the proposed
provision/section of this agreement. Staff does not recommend approval of this agreement until the City's
Bond Counsel has made a recommendation to City Council regarding the appropriateness of the structure
and terms of the SSA proposed.
It
January 9, 2007
This SSA language as written was already tentatively agreed to by a majority of the Board and it is
why Ocean Atlantic was asked to prepare an Exhibit that will notify property owners of the SSA. It
replicates the SSA language in East and South Village and must remain to provide fairness to
different homeowners and different builders.
18.A Delete the phrase, "and equipment and materials needed for the maintenance thereof in Line 12.
Agreed. Please remove comment from final staff report.
183 Revise to exclude the dormant SSA mentioned in Section 20.
Agreed. Please remove comment from final staff report.
18.0 List the types of expenses that would be included in the total cost.
Until such improvements are determined it is not possible to identify what the costs will be.
Section 19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS.
Staff recommends adding "up to" preceding "fifty percent" in the first sentence to be consistent with the
City's current Economic Development Incentive Policy.
Ocean Atlantic must be able to offer 50%.
Staff recommends adding language to this provision identifYing the improvements that will be used in
calculating the sales tax rebate amounts.
Section 20. COVENANTS CONDITIONS AND RESTRICTIONS; HOMEOWNERS' ASSOCIATION
Revise the first sentence in the third paragraph to state that the dormant SSA may be established and/or
activated by the city any time after the approval of any final plat.
Agreed. Please remove comment from final staff report.
Section 21. CITY INSPECTIONS.
Delete this section. City staff and/or city consultants will perform inspections.
Ocean Atlantic wants some input if consultants are unreasonably delaying the project.
Section 22. APPLICABILITY OF LAWS AND FEES.
Revise to eliminate the rotating 5-year lock language. Replace with language calling for a 5-year lock on
fees after the PUD agreement is recorded, and afterward the property will be subject to revised/additional
fees as they are adopted by the city.
Ocean Atlantic requires freezes at five-year intervals.
Exhibit D - Revise the data regarding the Subdivision Control Ordinance to be Ordinance No. 2004-52,
adopted Sept. 28, 2004.
Agreed. Please remove comment from final staff report.
Staff recommends not granting a variance for the minimum roadway horizontal curve centerline radius, or
the minimum right-of-way width. Staff does support and recommend that a variance be granted for minimum
roadway widths from 30 feet to 28 feet (instead of the requested 24 feet) for certain areas.
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January 9, 2007
Such exception is required for this development.
Exhibit F
Revise the YBSD fee amounts, the water meter cost, and the BKFD fee amounts to state that the developer
shall pay the amounts in effect at the time building permits are issued.
Agreed. Please remove comment from final staff report. Who imposes the water meter cost?
Add the 0.35% Coordination fee, to be paid at time of final plat recording.
Agreed. But it is 0.35% of what?
Municipal Building Fee should be $5,509 per unit if paid at building permit or $3,288 per unit if paid in lump
sum for all residential units.
Ocean Atlantic will pay $2,000 at time of building permit. Again, your staff report does not
acknowledge Ocean Atlantic's agreement to come forward from its position that such fees see
unreasonable. This is an offer to pay more than $5,000,000 more in fees!
Administrative Review Fee should be due upon filing of Preliminary PUD Plan/Plat
Agreed. Please remove comment from final staff report.
Engineering Review Fee should be due upon filing of Preliminary PUD Plan/Plat
Agreed. Please remove comment from final staff report.
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PREPARED BY AND RETURN AFTER
RECORDING TO:
David S. Warner
Freeborn & Peters LLP
311 South Wacker Drive
Suite 3000
Chicago, Illinois 60606-6677
ANNEXATION AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Westbury Extension)
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TABLE OF CONTENTS
/To Be Added]
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ANNEXATION AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Westbury Extension)
THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
(`Agreement) is made and entered by, between, and among Old Second National Bank of
Aurora, as Trustee under Trust Agreement dated January 8, 1982 and known as Trust Number
6121, f/k/a Kane County Bank and Trust Company, as Trustee under Trust Agreement dated
January 8, 1982 and known as Trust Number 583 for the benefit of Michael Rosenwinkel,
Tammy Rosenwinkel, Howard Rosenwinkel, Becky Rosenwinkel, Timothy Rosenwinkel, Mark
Rosenwinkel, and John Rosenwinkel; Estate of Angeline Schultz by Rosemary Svanovick and
Fred Schultz, Co-Executors; Estate of Mildred Hankes by Lawrence Hanks and Rita Rios, Co-
Executors; Katherine Schultz; Feltes Sand & Gravel Co., an Illinois corporation; Nelson Land
Company, an Illinois corporation; Larry Willis; Gary L. Bennett and Betty Bennett (collectively,
"OWNERS'); Ocean Atlantic Chicago LLC, a Delaware limited liability company
('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 ("CITY) as of the day of
, 200, being the date upon which the Agreement is executed by OWNERS and
DEVELOPER and approved by the CITY ("Effective Date"). The OWNERS, the
DEVELOPER, and the CITY are collectively referred to in this Agreement as the "PARTIES."
RECITALS: -
A. The OWNERS are, as of the Effective Date, the owners of record of
approximately 744.5 acres of real estate, which property is generally depicted on Exhibit A-1
attached hereto, and is legally described and on Exhibit A-2 attached hereto ("Property") and
the DEVELOPER is the contract purchaser of the Property.
B. The Property is located in unincorporated Kendall County, Illinois and is .
currently used primarily for agricultural purposes ("Existing Uses") and is contiguous to the
corporate limits of the CITY and is not within the corporate limits of any municipality.
C. In accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code
("Municipal Code"), 65 H,CS 5/7-1-8, the OWNERS have filed with the CITY's municipal
clerk a voluntary petition requesting annexation of the Property to the CITY, executed under
oath, by all owners of record of all land within and at least 51% of all the electors residing within
the Property (`Annexation Petition"), conditioned upon the execution of a mutually acceptable
annexation agreement. The Annexation Petition was filed on June 26, 2006 ("Petition Filing _
Date").
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D. The OWNERS desire and propose to have the Property annexed to the CITY
pursuant to and in accordance with Section 7-1-8 of the Municipal Code, 65 ILCS 5/7-1-8, and
this Agreement.
E. On July 1, 1997, the CITY, Richard A. Undesser, and Henrietta Undesser entered
into that certain Annexation Agreement to the United City of Yorkville Galena Road, Route 47 '....
and Comeils Road ("East Village Annexation Agreement') for the annexation of approximately
257 acres dg iacent to and east of the Property, which East Village Annexation Agreement was Deleted: genenay
amended and restated on September 9, 2004.to allow for, am-
mong other things, the annexation of
an additional 43 acres, more or less (collectively, such 300 acres is referred to in this Agreement
as the "East Village").
F. On July 27, 2000, the CITY, Michael Rosenwinkel, and Tamara Rosenwinkel
entered into that certain Annexation Agreement to the United City of Yorkville Michael
Rosenwinkel and Tamara Rosenwinkel ("South Village Annexation Agreement') for the
annexation of approximately 131 acres ,pdiacent to and south of the Propertyr_South Village"), Deleted: genereuy
which South Village Annexation Agreement was amended on August 15, 2005.
G. On April 25, 2006, the CITY adopted Ordinances No. 2006-33 and 2006-34
approving an amended Preliminary PUD for South Village ("South Village PUD") and an
amended Preliminary PUD for East Village ("East Village PUD") respectively.
H. The DEVELOPER desires and proposes to develop the Property as a single,
coordinated development with the South Village and East Village containing residential,
commercial, and recreational uses.
1. The Property, the East Village, and the South Village shall be known collectively '..
as "Westbury."
J. It is expressly understood and agreed to by the Parties that the development of the
Property is governed by the terms and conditions of this Agreement and that the development of
the East Village and South Village, while identified herein for the purposes of clarification and
reference, are governed by the terms and conditions of the East Village Annexation Agreement
and the South Village Annexation Agreement respectively.
JK., _ _ _ The DEVELOPER has filed with the CITY a concept plan with latest revision_ - Deleted: r
date ofha!gary 8 2007 and consistinp�ofpne page prepared by Lannert GroupL a copy of which_ _ _ - ndeted:
is attached to this Agreement as Exhibit B ("Concept PUD Plan"). The Concept Plan partitions - ply;
the Property into four segments, the Middle Village, North Village, West Village (north) and petered: s
West Village (south).
J.. _ _ _ The Mayor and Aldermen ("Corporate Authorities ' appropriate CITY boards_ - _ - Deleted: x
and commissions, and CITY staff have reviewed the ,Concept PUD Plan and matters relating to_ _ _ . j Deleted: cooeeP:rtan
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this Agreement. Based on such reviews, the CITY, along with the OWNERS and
DEVELOPER, desire that the Property be developed and used only in compliance with this
Agreement, and any amendments to this Agreement as may subsequently be agreed to by the
PARTES, in the manner herein provided.
vI.
- - -
Pursuant to the provisions of Sections 11-15.1-1. et seq.,_of the Municipal Code,_ - _ - Deleted: L
65 ILCS 5111-15.1-1 et seq., and pursuant to the other powers and authorities of the CITY, a
proposed annexation agreement, similar in form and substance as this Agreement, was submitted
to the Corporate Authorities and, pursuant to notice published in The Beacon News on or before '..
July 23, 2006, as provided by statute and ordinance, the Corporate Authorities held a public
hearing on the annexation agreement on August 8, 2006.
_ _ _ - Pursuant to notice as required by statute and ordinance, a Qublic hearing was held_ - , - 4 Deleted: L
on July 26, 2006, by the CITY's Planning Commission with regard to the zoning map
amendments described in this Agreement, and with regard to all other matters requiring Planning
Commission consideration, and the Planning Commission has submitted its recommendations for
approval to the Corporate Authorities.
Q:
- - - The Bristol Township Highway Commissioner, Bristol Township_Supervisor and_ - - - Deleted: M
Township Trustees, Bristol-Kendall Fire Protection District, Plano Community Library District,
and other persons or entities entitled to notice prior to the actions contemplated herein have been
given notice thereof by the DEVELOPER as required by law.
The Corporate Authorities, after due and careful consideration, have concluded - - - j Deleted: x
that the annexation, development, and use of the Property, pursuant to and in accordance with the
terms and conditions of this Agreement, would further enable the CITY to control the
- - - development of the area, increase its tax assessable area, would serve the best interests of the
CITY, and is consistent with the character of, and existing development patterns in, the CITY.
�_ _ _ _ This Agreement is_ pursuant ursuant to_ p
and in accordance with the rovisions of - _ - Deleted: o
Sections 11-15.1-1, et seq., of the Municipal Code, 65 ILCS 5111 -1511-1 et seq., the laws, codes,
regulations, and requirements of the CITY ("City Codes") and the laws, statutes, and
constitutions of the State of Illinois and the United States of America.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual covenants
and agreements set forth in this Agreement, the PARTIES agree as follows:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of all applicable federal, state, and local laws, statutes,
codes, ordinances, resolutions, orders, rules, and regulations ("Requirements ojLaw').
2. ANNEXATION.
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A. The DEVELOPER, with the written consent of the OWNERS, has filed, or
caused to be filed, with the City Clerk plats of annexation ("Plats of Annexation') that contain
accurate maps of the Property and the contiguous rights-of-way to be annexed.
B. Immediately after the approval and execution of this Agreement, the CITY, '..
through the action of its Corporate Authorities, shall pass and approve an ordinance
(`Annexation Ordinance) to annex the Property (and any contiguous unincorporated rights-of-
way, as depicted in the Plat of Annexation) to the CITY.
C. Immediately after passage and approval of the Annexation Ordinance, the
DEVELOPER and the OWNERS shall, with the cooperation of the CITY, cause the recording of
all documents necessary to accomplish the annexation of the Property to the CITY, including,
but not limited to, the recording of the Annexation Ordinance, along with all necessary plats and
affidavits of service of notice, in accordance with the Requirements of Law, to be recorded in the '.....
Office of the Recorder of Kendall County. Without the written consent of the OWNERS and the
DEVELOPER, no action shall be taken by the Corporate Authorities to annex any part or portion
of the Property unless this Agreement has been fully executed by the PARTIES, and all of the '..
Property is annexed to the CITY at the same time.
D. If, for any reason and at any time, the annexation of the Property is legally
challenged by any person or entity by an action at law or in equity, the CITY shall cooperate
with the OWNERS and the DEVELOPER in the vigorous defense of such action through all
proceedings, including any appeals, and take such other actions as may then or thereafter be '..
necessary oar appropriatgpursuant to the Requirements of Law to annex the Property, including_
- - - - - - - - - - - - - - - - - - - - -
the performance of any corrective actions as may be needed. The OWNERS and DEVELOPER Deleted: , or conwenfent
agree to jointly bear all expenses associated with any such legal actions.
E. Prior to the effective date of the Annexation Ordinance affecting the Property,
Section 11-15.1-2.1 of the Municipal Code, 65 ILCS 5/11-15.1-2.1, shall have no application,
force, or effect on or with regard to this Agreement or the Property. Accordingly, except as
expressly provided to the contrary in this Agreement, the City Codes, and the CITY's
jurisdiction and control shall not be applicable to the Property at any time prior to the effective
date of the Annexation Ordinance.
3. ZONING.
A. Immediately after adoption of the Annexation Ordinance and execution of this
Agreement, the Corporate Authorities shall adopt an ordinance, in substantially the form attached
to this Agreement as Exhibit C ("Zoning and Concept PVD Plan Ordinance'), (i) amending_ - - - Deleted: Concept roan
the CITY's zoning map to classify and number the Property as a Planned Unit Development on
the CITY's zoning map and (ii) approving the goncMt PUD Plan. The effective date of the - Ddeted: Concept Ptnn
Zoning and tConcept PUD Plan Ordinance shall not occur until such Ordinance has beenpassed_ _ - - J Deleted: concept Pun
and approved by the CITY and the Armexad on Ordinance has become effective. As set forth in
6
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the Zoning and Concept PUD Plan Ordinance, any_ pproval of a prel_�minary planned unit Deleted: Concept Pin
development plan (`tPreliininary PUD Plait") in accordance with Section 4 of_this Agreement_- _ _ Ddeted: Preliminary Plan ''....
that varies from the Zoning and Concept Pbi Plan Ordinance shall serve to modify and Formatted: Font: Bold, [cart
supersede the requirements of such Zoning and Concept PUD Plan Ordinance with respect to_ ' - Ddeted: Concept Plan
that portion of the Property that is the subject of theyligliminga PUD Plan._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: concept Pin
B. Following the effective date of the Zoning and Concept PUD Plan Ordinance, the Deleted: emLotinary Pin
rights of the OWNERS and the DEVELOPER. to develop the Property in accordance with the Deleted: concept Plan
Concept PUD Plan and this Agreement shall vest, and the Existing Uses shall operate as concept Plan
nonconforming uses and may continue until theapproval of a Final Planned Unit Development_ - - - Deleted: snchuseaceaw fnaowins
Plan or Final Plat of Subdivision ("Final Plan") for such portion of the Property containing the
uses.
C. By its approval of this Agreement and its adoption and approval of the
Annexation Ordinance and the Zoning and ,Concept PUD Plan Ordinance, the CTTY shall be_ - Deleted: concep:P:an
deemed to have approved and granted all amendments, variations, and waivers of the City Codes
to entitle the DEVELOPER to develop the Property in accordance with the Concept PUD Plan - - Deleted: conceptPlan
(including, without limitation, the exceptions to applicable City Codes listed in Exhibit D), and
the terms and conditions of this Agreement, it being expressly acknowledged and agreed that all
public hearings, if any, that are necessary to enable the DEVELOPER to develop the Property,
and the CITY to grant such amendments, variations, and waivers, have been conducted pursuant
to proper legal notice.
D. Unless changed by the CITY at the DEVELOPER's request, the Planned Unit
Development zoning classification for the Property established pursuant to the Zoning and
oncept PUD Plan Ordinance shall not be amended and shall be permanent and remain in effect_ - - - Deleted: Concept Plan
for the term of, and following the expiration of, this Agreement; provided, however, that after
expiration of this Agreement, such zoning may be amended in accordance with applicable law.
E. The development of the Property shall comply with the following design
standards which are in addition to the design standards provided for in the City's Appearance
Code (Title- 8, Chapter 15), and to the extent of any conflict, shall supersede the City's
Appearance Code:
i. Single-Family Detached Residential Phase Design Standards:
a. Masonry products as defined by the Appearance Code shall be
incorporated on the front facade of 100% of the total units;
b. A minimum of 50% of each building facade shall incorporate
premium siding material as defined by the Appearance Code; and
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C. Principal structures shall be constructed upon either a basement or
foundation — no `slab' construction.
ii. Single-Family Attached Residential Phase Design Standards:
a. Masonry products as defined by the Appearance Code shall be
incorporated on the front facade of 100% of the total townhome
buildings;
b. A minimum of 50% of each building facade shall incorporate
premium siding material as defined by the Appearance Code;
C. Each unit shall include two (2) enclosed parking spaces except for
"Garden _ partment" uni in West Village (north) which shall - - - odated: a
leauTire ero C enclosed parking spaces and (ii) residential units in_ Deleted: and°nonao/aaP ones
the Middle Village "mixed use area" which shall require one (1) Deleted: include
gnclosedparking space e.� r unit . . . . . . . . . . . . . . . . . . . . . Deleted: one(1)
Deleted: an '..
d. Off-street visitor parking spaces shall be xrovided for "multiple- _ _ _ Deleted: lucmpotaroa into
family dwelling ',Ijmts as that tern is defined in the Zoning Code,_
at a rate of .5 spaces per unit. the
Deleted: pods
iii. Commercial Design Standards:
a. All `Guidelines' within the Appearance Code section VA.b. Lb
shall be required applications; and
b. Monument signage must include a 100% masonry base.
4. PLANNED UNIT DEVELOPMENT.
A. The PARTIES acknowledge and agree that, upon and after the effective date of
the Annexation Ordinance, the Property will be developed and used as a mixed use residential
and commercial community in accordance with the terms and provisions of this Agreement, the
City's Planned Unit Development Ordinance (2006-40) ("PUD Ordinance"), the Zoning and
incept PUD Plan Ordinance, and the Concept PUD Plan_ such_ use and development_shall_ ; _ - Deleted: concept Plan
comply with all City Codes except as otherwise modified by this Agreement. The PARTIES Deleted: coaeept Plae
further acknowledge and agree that the DEVELOPER shall have the right to develop the
Property in such number of units of development (referred to herein individually as a "Phase' Deleted: uponapprovalofa
and collectively as "Phases") as the DEVELOPER may from time to time determine. owever Pmh'minmry Planned unit Development
the DEVELOPER agrees to consolidate Preliminary PUD Plan applications into no more than Plan inavynary Pland Final Pin in
Plan orminary Pled') and Final Plan in
four (4) applications comprised menerally of the Middle Village (I preliminary PUD application) compliance with therequhementsofthe
PUD Ordinance forsuch Phase or Phases.
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the North Village (11, and the West Village, north and south (2). There shall be no limitation on _ Decree: Eaah pba a ahau ronain, are
the time within which a preliminary PUD PlananL ation must be submitted. m v mnm, ace en fie Pod as deQieled on
t - - - - - - - - - - - - - - - - - - - - - - - We Covicep[Plan.
B. The CITY acknowledges and agrees that approval of this Agreement grants the Deleted: preliminary Plan
DEVELOPER the right to develop the Property as depicted in the ,Concept PUD Plan and that fie • ar Final Plan
the CITY shall take all actions, including approval of such amendments to and variations from D°ler�0 camcept Plain
the provisions of the City Codes, to permit the development of the Property to contain
(MV=Middle Village. NV=North Village, and VvV=West Village):
Uses Acres MV NV WV Units - - - Pormatted Tame
Single Famil 204.5 . 283 55 212 550
Luxury Townhouse 13.5 108 108
Townhouse 98 300 340 340 980
Courtyard 52.5 176 135 162 473
Condo/Flats 11 132 132
Villa 5 40 120 Deleted: 15
Villas/Retail/Comm 5 40
Mixed Use Rec./Res./Com. 12 40
Apartment 19 285 285- - - -
Formatted Table
Commercial 17
Neighborhood Clubhouses - 9 _ Deleted: chabbaosercommuni
Golf Course 160.5 FormaDee Tame
Maintenance 2
Park/ en Space 27
Retention/Detention 64.5
External ROW 11.5
Westbury Boulevard 241 1
Open Space/Buffer/ROW 8
Total 74411 907
11 610 1 1131 2448
'- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - Im The development approvals
C. Upon submittal by DEVELOPER of an application for review and approval of rt intro eggreement an the
any required plan, document, or submittal for a Phase or Phases including, but not limited to, e PUD and Saudi Village
reliminary PUD Plans, Final Plans, landsca a laps, radii lens, en eerin Tans, ermit We development of
1� _ J? _ _ - - - -Px _p _ _ _ _ _ .g}r? _ _ _ g- p- _ _ _ ocomtala:Q
photometric plans, architectural drawings, or any other required submittals, the CITY shall use
its best efforts to provide the EVELOPER ex edited review and consideration as required by ... z
p A- - - - - - P - q y
Paragraph 2.0 of that certain Agreement by and between the DEVELOPER and the CITY Preum na y Plan Regarding the Rob Roy Creek Sanitary Sewe r Interceptor dated November 22, 2005, a copy of
which is attached to this Agreement as Exhibit E. Approval of a ,!reliminary PUD Plan for a_ _ _ - Deleted: Posllminau Plan
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Phase or Phases shall: (i) signify satisfaction of the purposes, objectives, and requirements of
Section 10-13-6 of the PUD Ordinance and no further showing regarding such general purposes '..
or objectives need be made, and no further public hearing need be held, prior to submission or
approval of a Final Plan for the applicable Phase or Phases; (ii) modify (without requiring formal
amendment to) the terms and provisions of the Zoning and Concept PUD Plan Ordinance or this _ _ - Deleted: concept Plan
Agreement to the extent the Rreliminary PUD_ Plan differs from the terms and provisions of the Deleted: Prefim nay elan
Zoning and Concept PUD Plan Ordinance or this Agreement and_(iii) serve to_grant all__ _ _ Deleted: concept plan
necessary approvals for the development of such Phase of the Property without the need for any
other zoning or subdivision approvals as a prerequisite to the issuance by the CITY, or the
receipt by the DEVELOPER, of the building permits necessary for the development of such
Phase or Phases. In addition, upon approval of such Rreliminary PUD Plan, the DEVELOPER _ _ - Deleted: Pmam;nay Plan
shall have a vested right to develop the Property in substantial conformance with the approved
,Preliminary PUT) Plan for theportton of the Property in question However,_before any such
Deleted: Pmaminey Plan
building permits shall be issued for such Phase or Phases, the DEVELOPER shall comply with
the requirements of the Subdivision Control Ordinance for approval of the Final Plan for such
Phase or Phases.
D. Upon approval of a Rreliminarv _PUD Plan for a Phase or Phases, the oeleted: PreGminay Plan
DEVELOPER may submit one or more Final Plans for such Phase or Phases, which shall be
approved by the CITY, provided they substantially conform to the Rreliminary PUD Plan 4 Deleted: Preliminary Plan
However, the PARTIES recognize that the practicalities of development may require the
DEVELOPER to request approval of Final Plans for a particular Phase or Phases that tvary from_ _ - - Ddetea: mereda ly
the approvedRreliminary PUD Plan, and that such Final Plans shall, iQhey do not alter the intent _ _ Deleted: Pmaminay Plan
of the Rreliminary PUD Plan, bepromptly approved by the CITY as such requests are submitted. Deleted: consistent with the ovema
Any approved Rreliminary PUD Plan shall not lapse or expire at an_y time or upon the oc_curre_n_c_e_ Impose or chmacw orthe
of any event or upon the failure of any event to occur. Deleted: Preliminary Plen
Deleted: Pmliminay Plan
E. Throughout the term of this Agreement, the DEVELOPER shall have the right,
but not the obligation, to subdivide, from time to time, the Property, or any portion thereof. The
CITY shall approve a final subdivision plat for any particular Phase or Phases, provided that the
final subdivision plat shall be in substantial conformance with the Concept PUD Plan or a_ - - - Deleted: cunceptPlan
previously approvedRreliminaa PUT) Plan.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ddeted: PreummayPlan
F. The final engineering, final landscaping, and other required plans and
specifications for the public improvements to be installed for each Phase or Phases shall be
submitted to the CITY, together with the Final Plan for such Phase or Phases. The City Engineer
shall examine such final plans and specifications and approve or disapprove of the same within
fifteen (15) business days of receipt thereof. The final plans and specifications shall be approved
by the City Engineer and the CITY if they are in substantial conformance with the approved
Xrelimiggy PUD Planand, to the extent consistent therewith, the Zoning and Concept PUD Plan_ _ _ - Deleted: PmBminary plan
Ordinance and City Codes includine, without limitation, the Subdivision Control Ordinance; Deleted: concept Plan
provided, however, that to the extent that practicalities of development require the DEVELOPER
to request approval of Final Plans for a particular Phase or Phases thaty_a_ty_ from the approved_ - _ - oeleted: mamdally
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Xreli_minaU PUD Plan, then such final plans and specifications shall be promptly approved if it_ _ - - Witted: Prei�nary Plan
conforms substantially to the Freliminary PUD Plan, meets all conditions of said approval, and _ _ DNated: aoaai eat with the ovean
complies with all City Codes including, without limitation, the Subdivision Control Ordinance. MGM or`u° "eror
If such plans and specifications are not approved, the reasons for disapproval shall be set forth in pNetea: P gum nary Plaa
a written notice to the DEVELOPER identifying the revisions that need to be made in order to
secure approval ("Notice of Disapproval"). Upon the DEVELOPER's correction of, or
objection to the validity of, the item(s) set forth in the Notice of Disapproval and the
resubmission of all required plans and specifications, the CITY Engineer shall reexamine them
and either approve or disapprove them within fifteen (15) business days of their resubmission.
G. The OWNERS and DEVELOPER shall provide profiles as well as address
discharge enhancements for stormwater into Rob Roy Creek as part of any final landscaping Md_ ndeted: or
final engineering plan for a Phase or Phases affecting Rob Roy Creek.
H. The OWNERS and DEVELOPER shall address cross-section, location, and
Regional Trail construction as part of any final landscaping and final en_gineering_plall or a_ - - - peteted: or
Phase or Phases containing the Rob Rov Regional Trail
5. SANITARY SEWER AND WATER SYSTEMS AND FACILITIES.
A. Provided that the Property is developed in accordance with this Agreement, the
CITY represents and warrants that it will provide, or cause to be provided, as and when needed
sufficient capacity and transmission in operational and available sanitary sewerage and potable
water systems to adequately serve the needs of the development and use of the Property. The_ _ _ - Waited; In addition,at the aato of
CITY shall permit the OWNERS or DEVELOPER to connect to CITY and/or Yorkville-Bristol Phase o Phases of Pne x any
of Propertg
Sanitary District MBSD") sanitary sewer lines and water mains at locations to be determined by CRY shall, at the request of the
the preliminary engineering plans approved for each Phase or Phases. To the best of the CITY's ', DEVELOPER,
ailability of adequate sewage transport
knowledge and belief, there is no administrative, judicial, or legislative action pending or being capacity and potable water supply and
threatened that would result in a reduction of, or limitation upon, the OWNERS' or delivery ... ...rymseree such Phase.
DEVELOPER's right to use, such sanitary sewerage or potable water supply systems. Formatted: FonC aold, Italic
B. The CITY represents that it does not have bonding capacity to generate funding
for the design, construction and installation of (i) the YBSD interceptor ("Sanitary Sewer_ - _ - Isomatted: Fort: Not Bold, ruotlraro
Interceptor") or (ii) CITY potable water transmission and supply improvements including water
wells, treatment facilities, and storage ("Water Supply Improvements"). necessary to service the
development of the Property as provided in this Agreement. Therefore. the CITY and
DEVELOPER agree that the DEVELOPER shall assist in financing the costs of designing,
constructing, and installing the Sanitary Sewer Interceptor and Water Supply Improvements,
The financing and construction of the Sanitary Sewer Interceptor and Water Supply
Improvements shall be undertaken by the Parties in four separate segments corresponding to the
development of the Middle Village, North Village, West Village (north), and West Village
(south). The Sanitary Sewer Interceptor and Water Supply Improvements necessary to serve the
Middle Village are expected to be financed and constructed first followed by the North Village
11
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West Village (north), and West Village (south) however the DEVELOPER reserves the right to
modify the timing order, and phasing of financing and constructing the Water Supply
Improvements.
C. In order to initiate financing the DEVELOPER shall provide the CITY a written
request. consented to by YBSD with ret=ard to Sanitary Sewer Interceptor, identifying the Village
for which the Sanitary Sewer Interceptor and Water Supply Improvements are to be built and
requesting that the CITY issue bonds Upon receiving the request. the CITY shall promptly
issue one or more special service area paydown bonds backed by the DEVELOPER YBSD '..
infrastructure fees CITY water connection fees, and/or a lien on the Village property identified
in the DEVELOPER's request Such bonds shall be paid off at the time individual improved lots
in such Village are sold to a homeowner. The bonds shall be issued on commercially reasonable '..
terms and in amounts, maturities_ terms, and on the date or dates as necessary to pay for the costs
of designing, constructing and installing the Sanitary Sewer Interceptor and Water Supply '..
Improvements necessary to service the Village property identified in the DEVELOPER's
request. ..
The CITY shall perform all management and administrative responsibilities related to the '..
issuance and repayment of the bonds issued under this Section. Any funds collected for or in
connection with, the bonds and the Sanitary Sewer Interceptor and Water Improvements shall It '..
maintained in a segregated, interest-bearing account and shall be used exclusively to retire the
obligations of the bonds. To the extent there remain any funds in such account after all bonds for
the Improvements necessary for the development of a Village have been issued and retired such '..
remaining funds shall be paid to the DEVELOPER.
Upon receipt of bond proceeds, the DEVELOPER shall enter into all required contracts
necessary for the design construction and installation of the Water Supply Improvements and
the CITY and DEVELOPER shall request that YBSD enter into all required contracts necessary
for the design construction and installation of the Sanitary Sewer Interceptor Such contracts
shall provide for the completion of the work pursuant to a schedule to be determined at the sole
discretion of the DEVELOPER in consultation with YBSD with regard to the Sanitary Sewer
Interceptor.
The OWNERS and DEVELOPER shall not be liable to the CITY for any sewer or - _ - Deleted: I
water recapture fees, connection fees, or other obligations as a result of the connection of the t
a
Property to any sewer or water lines, or the financing of any sewer or water lines or sewer Deleted; "the York I17;Brstot
treatment and potable water supply facilities and improvements, except as provided in the Fee Sanitary District(-YBSD")
Schedule attached to this Agreement as Exhibit F. Such fees shall be due at the time of issuance
of a building permit for each newly constructed building or residential dwelling unit on the
Property, however, an OWNER or the DEVELOPER shall have the right, at its sole discretion,
to prepay such fees at the rates in effect at the time of such prepayment including as necessary to
finance the issuance of any bonds issued by the CITY in Section S.C.
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JE_ _ _ _ If the DEVELOPER is required to construct Sanitary Sewer Intercepto[ and/or _ - - Deleted: C. If adequatesan;rary
Water Supply Improvements including, but not limited to, sanitary sewer lift stations and force sewerage capacity and transmission
facilities are not made available to the
mains on or off Property for the benefit of other properties situated within or outside of the Property by the CRY as and when
CITY, the CITY shall, upon DEVELOPERas re ues enter into one or more recapture i needed in accordance with Section 5.A of
P 9 P this Agreement. the DEVELOPER shall
agreements, as provided for in Section I&C of this Agreement, for the purpose of ensuring that have the right, but not the obligation, to
the DEVELOPER recaptures from such benefited properties the proportionate share of such require the CRY, in cooperation with
YBSD if necessary,to issue any bonds
costs. t"Sanirary Sul ImprovementBonds")
I as may be required to finance the timely
design,construction, and installation of
F. The DEVELOPER shall have no obligation to construct or guarantee financing of such sewerage capacity and transmission
any on or off-site Sanitary Sewer Intercepto[ and/or Water Supply Improvements unless a Final ; i p;oi°;��ja sS 3aartribry sewn
Plan encompassing the area in which any such facilities are to be located, or are designed to ; Improvement Bondsshallbets)
serve, has been approved by the CITY and the DEVELOPER has undertaken the development of ' DEVELOPER oa ga issued by the
such area. 1 CrrYoncommereialty reasonable tarms
and m amounts, manvilies,terms, and on
I the date or dates, determined by the
G. If*Sanitary Sewer Intercepto[or adequate Water Supply Improvements are not mumal agreement of the CITY and the The made available to the Property, or are not materially progressing to completion,in accordance}i I DEVELOPER I and agrees TwCUYackno ledges
with the schedule to be established pursuant to Section 5,C pf this Agreement, or if the CITY_ , ' DEVELOPHR's statistical of the
shall fail to issue sufficient {{,,onds to finance the cost of desi nin , consnuctin and installin ' ', financing of the design,con:haction, and
Y_ _ _ a - - - - - - _ - - — �- - � — _ _ _ _ _ _ �_ _ _ _ _ _ _ _ _ SIL , , , lnstallalion of the Sanitary Sewer
the Sanitary Sewer Intercepto[ or Water Supply improvements as priatIdijed in Sect 04 S.G, the ' t n ' Imp ovement such Improvements shalt
DEVELOPER shall have the right, but not the obligation, to assume the CITY's position with tn� �I P Boosted, schedule tend constructed t
respect to, or otherwise to undertake sole responsibility for, the financing, design, construction,l '$ r I in the sole discretion of the
and/or installation of either such Sanitary Sewer Interceptor or Water Supply Improvements or I�'t$ ���� DEVELOPER.y Partial the YBCITY wers
h " I P Y
both, as the case maybe. , h` a ,� ¢ceparre few. sewer connection fell,
- , I sewer annexation fees, or other 3
H. Prior to undertaking such financing, design, construction, or installation as set ',tilt,', Deleted: Improvements
forth in Section 5.G, DEVELOPER shall deliver notice to the CITY and YBSD of its intent to ',0'd`, Deleted: Improvements
assume the City s position with respect to, or otherwise to undertake sole responsibility for, such ', %I' Deleted: adequate
Sanitary Sewer Intere nto[ or Water Supply Improvements. _ Unless the CITY notifies ' o' 0 o Deleted: Improvement,
DEVELOPER of its intent to perform in accordance with this Sectioq within 10 days_ after�n ;n�',,� aNeted: A
delivery of such notice from the DEVELOPER, the DEVELOPER may notify the CTTY that it °r ',o' t Delet ed: Sanitary Sewer Improvement
'
has elected to assume the CTTY's position with respect to, or otherwise to undertake sole it Bonds or Water Supply lmprovement
responsibility for, the applicable Sanitary Sewer Intercepto[ot Water Supply Improvements In "„ °' Bonds
furtherance of any election by DEVELOPER under this Section 5.H, DEVELOPER may take t `„ Deleted: lmpro rural
any and all actions it deems necessary or appropriate to meet the sewerage transmission needs or 't „ ��', Deleted: ,
water supply and distribution needs of all or any part of the Property, including without „ Deleted: a
limitation the right to secure sanitary sewerage service or water supplies from other public or r ' Deleted: or 5.D respectively
private sources on a temporary or permanent basis. In addition, if at a future time the source of °r ';,1 Deleted: or Sanitrysewer
such water supplies or sewerage transmission is to be transferred, any such transfer shall occur 'n "t Improvement
without cost the DEVELOPER or the OWNERS. ;, ,t Deleted: Improvement
It Deleted: a 5.A and 5.0 or 5.D,as the
If the DEVELOPER makes an election under this Section 5.11, the CITY agrees and it, cam may be,
acknowledges that the provisions relating to all fees and charges for water or sewerage services It Deleted: Improvements
as set forth pursuant to this Agreement shall remain in force as necessary to allow DEVELOPER Deleted: necesmry m serve die
Property
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the ability to recover all costs of the Sanitary Sewer Interco to[or Water Supply Improvements_ - - adated: Improvements
constructed pursuant to this Section 5.11. All fees and charges shall be used to reimburse the
DEVELOPER for all costs (including financing costs) relating to such Sanitary Sewer
Intercento[ or Water Supply Improyements,ylus a manapzement fee of 8% of all_such_costs
_ - Deleted: impmvementy
payable to DEVELOPER. The CITY also agrees that, upon an election by the DEVELOPER
under this Section 5.11, the DEVELOPER shall have the right (but not the obligation) to dedicate
such Sanitary Sewer Interceoto[or Water Supply Improvements (or both) to the CITY or YBSD, - - DeteMd: Improvemeo6
and the CITY agrees to accept, or cause the acceptance by YBSD of, such dedication provided
that the such systems or facilities conform to the terms of the permits obtained for such systems
or facilities.
I. The DEVELOPER shall have the right, at its sole discretion, to drill private
shallow wells on the Property, at locations to be determined by the DEVELOPER, for the
purpose of golf course and common area irrigation subject to compliance with Illinois
Department of Natural Resources and Kendall County Health Department standards and
requirements and provided that such wells do not substantially impact the groundwater supply
for Rob Roy Creek.
J. At any time within three months of the annexation of the Property as provided in
Section 2, DEVELOPER and OWNERS shall grant the CITY the right to access the Property for
purposes of drilling up to three (3) test wells at locations to be determined by the DEVELOPER
in consultation with the CITY, for purposes of identifying potable water supply sources intended
solely to serve residents, businesses, and government of the CITY with potable water. In
connection with such access, the CITY agrees to restore the Property following completion of '....
such drilling and to hold the DEVELOPER and OWNERS harmless from any claims arising
from such access.
K. The DEVELOPER and OWNERS agree to grant the CITY, and the CITY shall
accept, fee simple title to the approximately .5 acre parcel at the location depicted in Exhibit G '..
for purposes of constructing, operating, and maintaining a water tower to serve the Property and
the residents of the City ("Water Tower Parser'). The OWNERS and DEVELOPER shall
transfer the Water Tower Parcel to the CITY within 60 days after the City has entered into a
contract for the construction of the water tower. The CITY shall design, construct, and install, at
its sole cost, a water tower of no greater than feet in height on the Water Tower Parcel
within three years of the Effective Date. If the water tower is not installed, available, and
operational within three years of the Effective Date (or such longer period as DEVELOPER
might otherwise agree in writing), the CITY shall reconvey fee simple title of the Water Tower
Parcel to the DEVELOPER, shall remove all improvements thereon, restore the Water Tower
Parcel to the same condition as existed as of the Effective Date, and remove any encumbrances
to title recorded after conveyance unless such encumbrances are otherwise acceptable to the
DEVELOPER.
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L. Upon the request of the DEVELOPER, the CITY shall acquire by eminent
domain or otherwise, all property rights, easements and rights-of-way as may be needed to
enable the Property to sanitary sewerage and potable water and water supply systems. The
DEVELOPER agrees to pay all costs associated with said acquisition of property rights,
easements, and rights-of-way.
M. The CITY shall fully cooperate with the DEVELOPER to obtain all permits
required under federal and state law including, without limitation, all permits required by the
Illinois Environmental Protection Agency. In addition, the CITY agrees to cooperate with
DEVELOPER to provide for the annexation of the Property to the Yorkville-Bristol Sanitary
District as and when Phases of the Property receive Final Plan approval.
6. STORM WATER FACILITIES; RETENTION AND DETENTION.
The DEVELOPER shall provide for storm water drainage, retention, and detention
thereof upon and from the Property in substantial conformity with the locations identified on the _
,Concept PUD Plan, and the preliminary engineering plans approved fora Phase or Phases,_ - - - Deleted: Concept Pin
including installation of underground sewers; graded, open swales, or ditches; and storm water
retention/detention areas. For the term of this Agreement, the CITY shall require no more than
the size, degree, and type of storm water retention/detention required under all applicable CITY
Ordinances including the Subdivision Control Ordinance,jhe Compensatory Storage O_rdin_an_ce,_ - Deleted: ona
and any applicable state and federal regulations.
7. STREETS, SIDEWALKS.
A. The DEVELOPER shall cause curb, gutter, street pavement, street lights, and
public sidewalks to be installed upon the Property,jn substantial conformity with the j_'reliminamy, - - Deleted: that be required rune
PUD Plan and preliminary engineering plan as finally approved as part of the Final Plan for each installed offs"`'
Phase or Phase uch im movements shall be desi ed and constructed in general conformity Deleted: Preliminary Plan
with the requirements of the CITY's Subdivision Ordinance as such requirements exist as of the Deleted: :
Petition Filing Date. However, the DEVELOPER shall have no obligation to make roadway Deleted: such
improvements or dedications of streets, roads, or rights-of-way to the CITY, except as provided
for in this Agreement, the Final Plan and the final engineering plans for a particular Phases or
Phases and not before the Final Plan encompassing the area in which the streets, roads, or rights-
of-way are to be located has been approved by the CITY. The DEVELOPER shall comply with
all requirements of the Illinois Department of Transportation and Kendall County regarding
improvements to state and county roads.
B. To the extent the improvements described in Paragraph TA are identified on the
CITY's master roadway improvement and transportation plan as required to be installed in
conjunction with the development of the Property, the CITY shall cooperate with the OWNERS
and DEVELOPER to cause any affected utility companies to relocate the utilities, at the
company's sole expense, if the company is required by an existing franchise or easement
15
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agreement with the City to pay for the relocation. Any other required relocation of existing
utilities shall be completed at no cost to the CITY.
C. The PARTIES acknowledge and agree that the (i) CITY Roadway Improvement
Contribution described in Exhibit F shall be paid in an amount equal to two thousand dollars
($2,000.00) per unit on the Property up to a total not to exceed five million two hundred eighty- '..
four thousand dollars ($5.284.000) ("City Roadway Improvement Contribution") and (ii)
County Roadway Improvement Contribution described in Exhibit F shall be paid in an amount
equal to one thousand five hundred forty-nine dollars ($1.549.00) per unit on the Property up to a
total not to exceed four million ninety-two thousand, four hundred fifty-eight dollars
($4.092.458) ("County Roadway Improvement Contribution") . To the extent the Developer
pays for the costs of desigmine and constructing Comeils Road, Galena Boulevard. East and
West Beecher Road, Westbury Boulevard, West Village Road, or Eldemain Road, such costs
shall be credited against the DEVELOPER's City and County Roadway Improvement '..
Contributions on a dollar for dollar basis, with any excess amounts being reimbursed to the
DEVELOPER upon the submission by the DEVELOPER of written evidence itemizing such
costs. The City and County Roadway Improvement Contributions shall be allocated on a per
dwelling unit basis.
D. The DEVELOPER agrees to contribute one hundred thousand dollars ($100.0001
to fund the Western Condor Roadway Study. This study will be conducted by the CITY and
will be used to determined the final geometry and design of the Beecher Roadway Corridor from
Route 34 to Baseline Road.
E. The DEVELOPER shall reimburse the CITY for no more than one million two
hundred thousand dollars ($1200.000) of the CITY's engineering costs for designing the
widening improvements to Illinois Route 47 between Baseline Road and Comeils Road
("Cornei/s-Baseline Route 47 Improvements"). The CITY shall submit to the DEVELOPER
written evidence of such engineering costs and a request for reimbursement no more often than
once every three months and the DEVELOPER shall pay such costs within 30 days of receipt.
The DEVELOPER's reimbursement obligation to the CITY shall not exceed $300.000 in any
three-month period. Such reimbursements by the DEVELOPER shall be included within the
special service area bonds described in Section 18 of the Agreement. In exchange for
DEVELOPER's obligation to reimburse the CITY as provided in this Paragraph J, the CITY
guarantees that the Comeils-Baseline Route 47 Improvements shall be completed on or before
January 1, 2009. ("Corneils-Baseline Route 471morovement Completion Date") If the CITY
shall fail to complete construction of the Comeils-Baseline Route 47 Improvements by the
Comeils-Baseline Route 47 Improvement Completion Date, the CITY shall repay the
DEVELOPER within 30 days of receiving a written request from the DEVELOPER requesting
such repayment, for the reimbursement amounts paid by DEVELOPER under this Paragraph E,
with interest accruing at 10% per annum from the date such amounts were received by the CITY
until repayment is made.
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S. GRADING.
Prior to approval of a Final Plan for any portion of the Property, the CITY shall allow,
and the DEVELOPER may commence, excavation, mass grading, filling and soil stockpiling, as
well as construction of a temporary haul road for construction vehicles and equipment, in and
upon the Property . The DEVELOPER agrees to comply with Ordinance 2003-19 for these
activities.
9. CONTRACTORS' VEHICLES AND EQUIPMENT.
The DEVELOPEWs contractors' and subcontractors' supply storage trailers, vehicles, '..
and equipment may be placed upon the Property in order to service a Phase or Phases, other than
on proposed rights-of-way, and may remain upon the Property pnly while such Phase or Phases odeted: mid the issuanoo of the last
are under substantial construction. - - - - - - - - - - - - - - - - - - - - tiltamofcompancy for the property
10. DEDICATION OF PUBLIC IMPROVEMENTS EASEMENTS AND RIGHTS-
OF-WAY.
A. All public improvements, including streets, storm sewers, sanitary sewers and
water mains, constructed on the Property, and any easements or rights-of-way as may be
necessary for the maintenance of such public improvements, shall be conveyed or dedicated to
the CITY following their completion by the DEVELOPER and acceptance by the CITY. All
such conveyances and dedications shall be accepted by the CITY in accordance with the
Subdivision Control Ordinance, provided that the public improvements comply with the final
engineering plans and specifications and all punch list items generated by the CITY have been
satisfactorily completed by the DEVELOPER. Upon approval, dedications of land shall be
conveyed by trustee's or quit claim deed or by recorded plat of subdivision, and, in the case of
personal property, all conveyances shall be by quit claim bill of sale. No further dedications of
easements or rights-of-way shall be required of the DEVELOPER for any other purpose
whatsoever.
B. After the public improvements have been conveyed to and accepted by the CITY,
the DEVELOPER agrees to provide a one-year warranty period for said improvements.
Following the warranty period, the CITY, at its sole cost and expense, shall be responsible for
the maintenance, repair, restoration, and reconstruction of all public improvements.
C. Within thirty (30) days after (a) receipt of notice from the DEVELOPER that -
certain of the public improvements within a Phase or Phases have been completed, and (b)
delivery to the CITY of all required documentation, consistent with the final engineering plans
and specifications, the City Engineer shall inspect said improvements and indicate, in writing,
approval or disapproval of the same. If such improvements are not approved, the reasons
therefore shall within the thin 30 day period, be set forth in a written notice to the OWNER Ddetedt Themaannsshaaonlyal late
y ( ) Y P rodefret nla6orand mate a andoot
or DEVELOPER. ,Upon the OWNER'S or DEVELOPER'S correction of the items set forth in ,' to items in the name of general and
_ _ _ _ _ _ _ �
ordma d mamtevaece.
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the notice, or objection to the alleged defects thereto, the City Engineer, at the OWNER's or
DEVELOPER's request, shall re-inspect the improvements, as set forth in the City Engineer's
previous notice, and either approve or disapprove the improvements, in writing, within thirty
(30) days of receipt of the OWNER's or DEVELOPER's notice requesting the reinspection. As
public improvements are partially completed and paid for by the DEVELOPER, the letter of
credit, bond or other form of surety deposited by the DEVELOPER with the CITY _may be_ - Deleted: shall '...
proportionately reduced on an individual improvement-by-improvement basis.
D. To the extent the CITY requires temporary or permanent easements for the
construction, installation, and maintenance of the public improvements described in this
Agreement, the CITY shall provide the OWNER over which such easement will be located and
the DEVELOPER with a written request identifying the required easements including the
requested size, location, uses(s) and length of term of such easements. Within thirty (30) days of
receiving such request, DEVELOPER shall either (i) submit for CITY approval and acceptance
one or more properly signed and executed plats of easement and/or agreements to grant such -
easements or (ii) meet with CITY staff to identify alternative sizes, locations, uses, or lengths of
term for the requested easements. CITY and DEVELOPER shall negotiate in good faith to
agree on final sizes, locations, uses, or lengths of term for the requested easements; provided,
however, that the OWNER and DEVELOPER shall have no right to refuse any reasonable
request of the CITY's for such temporary or permanent easements. All easements shall be
granted pursuant to plats of easement and/or agreements prepared by DEVELOPER and at no
cost to the CITY.
11. CONSTRUCTION GUARANTEE. The DEVELOPER may provide a
construction guarantee in the form of either a bond, letter of credit or other security consistent
with State law, to secure the installation of the public improvements for a Phase or Phases at the
time of approval of a Final Plan for each Phase or Phases. The CITY agrees that if the
DEVELOPER conveys the Property, or any part thereof, the CITY shall release the
DEVELOPER from the construction guarantee to the extent of such conveyance, provided that
the new owner of the Property provides a substitute construction guarantee that is substantially
similar to that provided by the DEVELOPER.
12. FEES AND DONATIONS.
A. As further provided in the letter from the Yorkville School District attached as
Exhibit H. in order to meet its land dedication and impact fee reouirements for schools, the Formatted;-Font; sold
DEVELOPER has agreedto finance the design d an construction of a school buildin g ( `Yorkville Deleted: r
- - - - - - - - - - - - - - - - - - - - - - - - - - -
School Building") to be constructed on the approximately 15 acre parcel DEVELOPER is Deleted: and the Yorkville School
conveying to the Yorkville School District pursuant to the East Village Annexation Agreement. Districthave ageed that the
The amount of such financing shall be equal to the amount of(i) School District Transition Fees DEVELOPER shall
and (ii) School Land-Cash Fees-in-Lieu under CITY Ordinance No. 1996-3 as amended by
CITY Ordinances 2003-12, 2004-22, 2005-37 ("City School and Park Impact Fee
Ordinances"), required to be paid by the OWNERS or DEVELOPER for the benefit of the
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Yorkville School District. CITY acknowledges and agrees that all School District Transition
Fees and School Land-Cash Fees-in-Lieu collected by it under this Agreement shall be paid
directly to DEVELOPER in exchange for such financing. The DEVELOPER shall have the sole
right and obligation to determine the methods and types of financing and shall enter into a
separate agreement with the Yorkville School District concerning such financing and the
schedule for completion of construction of the Yorkville School Building.
B. The DEVELOPER js the contract purchaser of 53 acres north of Galena-Road-as- , - Deleted: owns
depicted in Exhibit G._C` kyb Galena Road ParceN)_ Within two years of the Effective Date, - _ _ rormatted: Font: Not Sold, Not [taGc
the DEVELOPER shallFonvey, and the CITY shall accept, fee title to the 28.5 acres 017 property_
within the North Galena Road Parcel depicted in Exhibit G ("Galena Park Parcer'). Upon meted:
conveyance of the Galena Park Parcel, the CITY agrees to annex the 53-acre North Galena Road
Parcel in its entirety and to develop and use the Galena Park Parcel solely for the public
recreational uses of the CITY. In addition on or before the approval of a Final Plan that includes
a park parcel depicted on the Concept PUD Plan ("Neighborhood Park Parcel"), the
DEVELOPER shall convey to the CITY, and the CITY shall accept, such Neighborhood Park
Parcel. The Neighborhood Park Parcels are denicted on the Concept PUD Plan as follows:
1. Neighborhood Park Parcel A consisting of two acres;
2. Neighborhood Park Parcel B consisting of two acres:
3. Neighborhood Park Parcel C consisting of two acres:
4. Neighborhood Park Parcel D consisting of two acres:
5. Neighborhood Park Parcel E consisting of five acres:
6. Neighborhood Park Parcel F consisting of seven acres: and
7. Neighborhood Park Parcel G consisting of seven acres.
C. The DEVELOPER agrees that it shall have the right, but not the obligation, to
design and install, at the DEVELOPER's sole cost, playground facilities and other amenities of a
kind, quality, and in locations, at each of the j teiehborhood Park Parcels depicted on the Co, ncent_ , , - petered: park aaea
PUD Plan. Said playground facilities shall meet all current ASTM, CPSC and ADA Deleted: concept plan
requirements for playground standards.
D. In the instrument conveying any land to be donated hereunder, or by separate
agreement, the DEVELOPER shall reserve or receive such utility, roadway, drainage,
construction and access easements and rights-of-way as may be necessary to facilitate the
development of the Property. Such instrument of conveyance shall also provide that the grantee
of the land to be donated shall agree to convey any additional easements or rights-of-way for Deleted: responsibility for the
'
such purposes as may be necessary to carry out the purposes of this Agreement. improvementaodmaintenanceofany land
Deleted:
E. The DEVELOPER shall maintain ft Galena Park Parcel and the Neighborhood_ Deleted: by the DEVELOPER
Park Parcels a be donated t_o the CITY pursuant to this Agreement until such Park Parcels are�S - Deleted: shall be
Accepted by the CITY at which time the CITY shall become solely responsible for the ,
improvement and maintenance of such property. Al1�Ieighborhood Park Parcels shall be used in_ , Deleted: , ana a
- - - - - - Deleted: such lands
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a manner compatible with the Concept PUD Plan and with the DEVELOPER's use, - Ddeted: ccncepl Plan
development, and enjoyment of the Property. " Deleted[ , the east village Aunexatian
Agreement, the South Village Annexation
Agreement,
F. The land and fee donations and contributions imposed upon the OWNERS and Deleted: I
DEVELOPER by this Section 12 satisfy the intended purposes of the CITY's land dedication G. The PARTIES acknowledge and
and impact fee requirements for schools, parks, utilities and other public services pursuant to the agree that the (i) CITY Roadway
s Improvement Contribution described In
Requirements of Law including, but not limited to, the School and Park Impact Fee Ordinances 1 Exhibit F shall be paid in an amount
in effect as of the Petition Filing Date. Notwithstanding Section 22 of this Agreement, no equal to me thousand dollars(a2,DDO.DO)
per unit on the Properly up to total not
increase in the CITY's school and park land or fee donation requirements, nor any substitute or s to exceed five million me hundred
replacement school and park land or fee donations, nor any ordinance of the CITY amending the i eighty-four thousand dollars($5,284,000)
r ("Chy Roadway Improvement
School and Park Impact Fee Ordinances, shall have any further application to the Property. 1 Connlbudon")and(if)County Roadway
Except as specifically provided for in this Agreement, no donation of land or payment of any fee Improvement Contribution described in
Exhibit F shall be paid in an amount
to the CITY shall be required of the OWNERS or DEVELOPER. equal to one thousand five hundred forty-
_ , nine dollars ($1.549.00)per unit on the
e - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Property up to a total not exceed fora
As Drovlded in the letter attached to this Agreement as xlttbrt I, within two million ninety-two thousand. four
- - - - - - - ' - - - - - •- - - l hundred fifty-eight dollars ($4,092.459) _
years of the Effective Date, the DEVELOPER shall convey to the Bristol-Kendall Fire Protection 1 ("County Roadway Improvement
District fee title to 2.5 acres of property within the North Galena Road Parcel as depicted in i comclufue) . To theextent the
Exhibit G. ("Fire Station Parcel'). Such conveyance shall include language requiring the Fire I Developer pays for the costs of designing
and constmmingComeils Road. Galena
Protection District to design and construct a fire station on the Fire Station Parcel within 18 j Boulevard, East and West Beecher Road,
months following such conveyance and if such fire station is not installed, available, and o siuryBenst Vdu Road.I bR ke6a
operational within such 18 month period, that the Fire Protection District shall reconvey fee j credited against the DEVELOPER's City
simple title of the Fire Station Parcel to the DEVELOPER, shall remove all improvements and County Roadway Improvement
Contributions on a dollar for dollar basis,
thereon, restore the Fire Station Parcel to the same condition as existed as of the sate of It with any excess amounts being
conveyance, and remove any encumbrances to title recorded after conveyance unless such re bursed
submission by a DEVELOPER, n
ELOPERof
encumbrances are otherwise acceptable to the DEVELOPER. i written evidence itemizing such costs.
t The City and County Roadway
0 Improvement Contributions shall be
BUILDING PERMITS. _ _ _ _ _ _ _ _ _ _ _ _ _ allocated on aperdwelang unit basis.
'
A. The CITY H. The DEVELOPERagreesto Y shall issue building permits for which the OWNERS or DEVELOPER 0 confteame one hundred thousand dollars
shall apply within a reasonable period of time after the date of application therefor or within a 0 (SIOO,OOD) to fund the Western Corridor
0 Roadway Sandy. This sandy will be
reasonable period of time after the CITY's receipt of the last of the documents and information 0 conducted by the CITY and will be used
required to support such application. Such period of time shall not exceed Ifteen (�_days_ ', u to determined the final geometry and
design of the Beecher Roadway Corridor
where application is made by the DEVELOPER pursuant to master building plans therefor ' ', 0o 01 from Route 34 to Baseline RuI
approved by the Corporate Authorities, nor thirty (30) days in any other instance. If the ', ', 0 Detetm; I
application is disapproved, the CITY shall provide the applicant with a statement in writing It �� Formatted: Font: Bold
within such period, specifying the reasons for denial of the application, including specification of i Deleted: w
the requirements of law which the application and supporting documents fail to meet. The CITY p Deleted: J. The DEVELOPERshall
shall issue such building permits within ten (10) days of the applicant's compliance with those ;, relmborse the CITY farnomore than one
requirements of law so specified by the CITY. it mithon two hundred thousand dollars
It ($1,200,000) of the CITY's engineering
�
', costs for designing the widening
B. The DEVELOPER may apply for building permits to begin construction on it improvements an Illinois Route 47
portions of the Property provided that base course streets and necessary sanitary sewer and water bero00n Bauline Road and Vocal .., 4
facilities and improvements are properly installed to serve such buildings or units and adequate Deleted: ten
tleieted: to
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areas of parking are provided for private, company, and delivery vehicles. The CITY shall grant
such applications with the understanding that no occupancy permits shall be issued other than in
compliance with Section 14 of this Agreement. The DEVELOPER shall provide a hold harmless
letter to both the CITY and the Bristol-Kendall Fire Protection District upon application for
building permits under this Paragraph B. The DEVELOPER agrees that all new fire hydrants
shall be bagged until they are placed into service.
C. The CITY shall permit the DEVELOPER to install holding tanks and temporary
sewage treatment and water facilities to serve sales offices, temporary structures and models
permitted under this Agreement, provided:
1. All laws governing construction, installation and operation thereof are complied
with; and
2. Such holding tanks, temporary sewage treatment and water facilities are removed
and disconnected, at the DEVELOPER's sole cost, within sixty (60) days of the
date permanent sewer and water services become available and connected to such
structures.
14. CERTIFICATES OF OCCUPANCY.
A. The CITY shall issue certificates of occupancy for any dwelling on the Property
within three (3) days of proper application therefor or within three (3) days of the receipt of the
last of the documents or information customarily required to support such application, whichever
is later. If the application is disapproved, the CITY shall provide the applicant with a written
statement specifying the reasons for denial of the application, including specification of the
Requirements of Law which the application and supporting documents fail to meet. The CITY
shall issue certificates of occupancy within three (3) days of the applicant's compliance with
those requirements of law so specified by the CITY.
B. Temporary certificates of occupancy shall be issued by the CITY when conditions
within reason do not permit completion of interior and exterior work; provided that:
1. Adequate security, which may be by a bulk surety in the form of a bond, has been
posted with the CITY, or arrangements have been made with a title company
designated by the DEVELOPER, in order to ensure the completion of such
improvements, and
2. Binder course streets and necessary sanitary sewer and water facilities and
improvements are properly installed to serve such buildings or units.
C. No certificate of occupancy shall be applied for by the DEVELOPER or issued by
the CITY until the building or structure which is the subject of the application is connected and
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able to be served by an adequate sanitary sewer and water supply, provided however that the
CITY shall issue certificates of occupancy if the access roads are not paved but contain a binder
course surface. Notwithstanding the foregoing, the CITY shall issue temporary certificates of
occupancy for model buildings and sales offices prior to the availability of sanitary sewer or
water service.
15. MODELS, SALES OFFICES AND SIGNAGE.
A. Until the development of the Property is completed, the DEVELOPER shall have
the right to construct and maintain model homes on the Property without restriction as to the
number or location before the base course of asphalt is laid. The DEVELOPER shall be required
to obtain building permits and certificates of occupancy with respect to such models, normally
and customarily required by City Code, subject to the other provisions of this Agreement. The
DEVELOPER may utilize such models as project offices for the marketing of the Property.- '..
B. The DEVELOPER shall have the right to construct and maintain sales offices, '..
including, without limitation, sales trailers, on the Property without restriction as to the number
or location, in addition to the models used as sales offices described in subparagraph A of this
section before the base course of asphalt is laid. The DEVELOPER shall have the right to
construct other temporary structures, such as construction trailers. The DEVELOPER shall be _
required to obtain building permits and certificates of occupancy with respect to such sales
offices, normally and customarily required by City Code, subject to the other provisions of this
Agreement. '....
C. Models, sales offices, temporary structures, temporary parking lots, and signs may '...
be constructed and maintained on portions of the Property prior to approval of a Final Plan, ''.....
provided that the DEVELOPER has applied for approval of a Final Plan, and provided further
that the location of any models are in locations consistent with the Preliminary PUD Plan. The - - - Meted: Pmlin r Plan
DEVELOPER shall be permitted to erect temporary fencing to enclose the areas, including
parking areas, around models.
D. The DEVELOPER shall have the right to construct, install and maintain signs,
including temporary flags for sales events, on the Property, without restriction as to number,
location, or size, advertising the sale, leasing, marketing, or development of the Property. The
DEVELOPER shall also be permitted to illuminate the signs and models to ensure their
visibility.
E. The CITY shall permit the DEVELOPER, and its duly authorized representatives,
to install temporary waste water holding tanks, water facilities and unpaved, granular roads to
serve sales offices, model homes and other temporary structures permitted under this Agreement,
provided that such tanks and water facilities shall be removed and disconnected, at the
DEVELOPER's sole cost, at such time as public sewer and water systems become available and
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the structures are connected thereto and provided further that the DEVELOPER shall pave such
roads when that portion of the Property is developed. '..,
F. Permanent entry monuments shall be allowed at each major entrance to the
Property and at the entrance(s) to each separate "pod" within the Property. Said monuments
shall be of brick, stone or other permanent material, and shall contain an identification sign with
the name of the community and the DEVELOPER's name and logo. Said monuments shall not '...
be located within any public right-of-ways or easements and shall remained owned and
maintained by the Association established in Section 20.
G. All traffic control devices in the Property shall be designed and installed in
compliance with Illinois Department of Transportation standards and specifications as provided
in Article III of the Illinois Vehicle Code (625 ILCS 5(11 -301 et seq.) (161DOT Device
Standards"). The DEVELOPER shall have the right, at its sole discretion, to design traffic
control devices characteristic to the Westbury development subject to CITY approval, which
approval shall not be unreasonably withheld, and provided that such devices comply with IDOT
Device Standards.
16. BUILDING PLANS.
The DEVELOPER shall have the right to submit to the CITY for its review and approval,
a master building plan for each different model of single family dwelling to be constructed on the
Property. Subsequent to the approval of any master building plan as aforesaid, all applications
for building permits in substantial accordance with a master building plan shall be deemed
approved by the CITY and no further submission or approval of building plans shall thereafter be
required for the issuance of a building permit for the construction of any building pursuant to an '...
approved master building plan. Nothing herein, however, shall be construed as a waiver of the
requirement that a building permit be obtained and the appropriate permit fee paid as required by '..
the CITY building code for each building to be constructed on the Property, subject to the terms
of this Agreement.
17. OPEN SPACE
The CITY acknowledges and agrees that the proposed development depicted on the
,_ oncept PUD Plan contains unique open space features including, but not limited to, agolf odeeea: c� cei�
course of approximately 170 acres, approximately 149 acres of detention/retention, and other
open space areas that were not necessarily contemplated for in CITY ordinances, regulations,
standards and rules, including, but not limited to, the open space requirements described in the
Specification Standards (collectively "Open Space Laws"), that govern the amount of required
open space for planned unit developments and subdivisions of the density, size, and use
described in this Agreement. As a result, the CITY agrees and acknowledges that the open space
areas incorporated into the proposed development depicted on the EConceot PUD Plan shall_ De�etM: coneev:v:au
satisfy all CITY requirements regarding the amount of required open space in lieu of any
23
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contrary or additional requirements in the Open Space Laws in effect as of the Petition Filing
Date, including, without limitation, standards for the amount of storm water detention/retention,
and any and all such amendments thereto that may be adopted during the term of this Agreement.
18. SPECIAL SERVICE AREAS SPECIAL ASSESSMENTS TAXATION AND
RECAPTURE.
A. Upon request of the DEVELOPER, the CITY shall conduct all public hearings,
enact all ordinances, and grant all approvals required by law to establish one or more special
service areas pursuant to the Illinois Special Service Area Tax Law (35 ILCS 200/27-5 et seq.),
special assessments or special taxes pursuant to Article 9 of the Illinois Municipal Code, or
similar funding mechanisms acceptable to the DEVELOPER over all or a portion of the Property
as a primary funding mechanism for the design, construction, and installation of the public
improvements identified by the DEVELOPER including, but not limited to, engineering,
surveying, soil testing and appurtenant work, mass grading and demolition, storm water
management facilities, storm drainage systems and storm sewers, site clearing and tree removal,
public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs,
gutters, street lighting, traffic controls, sidewalks, paths and related street improvements,
Jandscapingz wetland mitigation and tree installation, costs for land and easement acquisitions or - - - Deleted: and equipment and mmedals
dedications relating to any of the foregoing improvements, required tap-on and related fees for lneccsmry for the maintenance thereof,
water or sanitary sewer services and other eligible costs. At the request of the DEVELOPER, the
CITY shall also adopt ordinances authorizing the issuance and sale of bonds of no recourse to the
CITY in amounts sufficient to fund the public improvements to be retired over a period not to
exceed forty (40) years from the date of their issuance. The bonds shall be retired by the levy of
an annual tax or assessment levied against each parcel of property within the special service area
pursuant to a special tax roll to pay the interest on the bonds as it falls due and to discharge the
principal thereof at maturity and to pay the costs of administration and maintenance of the
special service area.
B. Except for the establishment of a Dormant SSA as provided in Section 20 of this
Agreement, the CITY ,shall not, without the prior written consent of DEVELOPER, is) levy_ - _ - Deleted: w
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -
against any real or personal property within the Property, any special assessment or special Deleted: the CrY ahan not
taxation for the cost of any improvements in or for the benefit of the Property; or (b) impose
additional taxes upon the Property, in the manner provided by law for the provision of special
services to the Property or an area in which the Property is located or for the payment of debt
incurred in order to provide such special services, including specifically, but not by way of
limitation, the creation of "special service areas" or the levy of differential taxes with respect to
or in the Property. Nothing in this section shall prevent the MY from levying or imposing
additional taxes upon the Property in the manner provided by law for the provision of special
services to the entire CITY, which additional taxes are ratably applied to all other areas in the
CITY on a valuation basis, or from levying or imposing additional taxes upon the Property which
are applicable to and apply equally to all other properties within the CITY.
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C. The CITY agrees at the request of the DEVELOPER, to enter into agreements for
recapture for all or a portion of the total cost of improvements benefiting properties not !,
exclusively serving the Property and constructed or paid for by the DEVELOPER Any such
recapture agreement shall identify the benefited properties and their proportionate benefit or use
of the improvements for purposes of establishing the recapture amounts. Each recapture ',
agreement shall be subject to approval by the DEVELOPER, which approval shall not
unreasonably be withheld.
D. In every transaction for the sale of any portion of the Property by an OWNER to
an entity not under the control of the OWNER ("Subsequent Buyer"), the special service area
informational notice attached to this Agreement as Exhibit,Tom(SSA Notice") shall be attached its - - Deleted: H
a rider to the sales contract. The sales contract shall also require the Subsequent Buyer to
provide a copy of the SSA Notice to any future purchaser of the Property up to and including the
purchaser of the fast improved unit on the Property. In addition, upon the first sale by an
OWNER to a Subsequent Buyer, the Subsequent Buyer shall record a copy of the SSA Notice
with the Kendall County Recorder so that such SSA Notice shall run with the title of the
purchased property.
19. ECONOMIC DEVELOPMENT INCENTIVE AGREEMENTS.
Upon request of the DEVELOPER, the CITY shall enact all ordinances and grant all
approvals required by law to approve one or more economic development incentive agreements !,
in substantially the form attached to this Agreement as Exhibit JC as permitted by and pursuant_ - _ - Deleted: r
to Section 8-11-20 of the Municipal Code to share or rebate fifty percent (50%) of the retailers'
sales or occupation taxes generated by a qualified portion of the Property for a period no less
than ten (10) years following the issuance of certificates of occupancy for the portions of the !,
Property. At the request of the DEVELOPER, the CITY shall also adopt ordinances authorizing
the issuance and sale of bonds of no recourse to the CITY to be paid from such retailers' sales or
occupation taxes. !..
20. COVENANTS CONDITIONS AND RESTRICTIONS• HOMEOWNERS'
ASSOCIATION.
The PARTIES acknowledge and agree that the development of the Property shall proceed
in conformity with, and that no development shall occur other than in accordance with, the
Concept PUD Plan (or any ,_ reliminary PUD Plans approved by [he CITY) and such covenants,_ ; _ - Deleted: coasept rim,
conditions, and restrictions to be prepared by the DEVELOPER and recorded against the Deleted: rmlimi, Plan
Property which covenants shall include, without limitation, the obligation of the DEVELOPER !,
and OWNERS to payment of all required development fees, costs, and contributions as provided
for in this Agreement.
The OWNERS and the DEVELOPER shall establish one or more declarations of
covenants, conditions and restrictions, establishing one or more Homeowners Associations
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(`Associations") among lot owners within the Property. The Association shall have the primary
responsibility and authority to maintain all common facilities within the Property and shall levy
assessments against lot owners within the Property sufficient to meet such maintenance
obligations. The maintenance responsibility of the Association shall include regular care,
maintenance, renewal and replacement of the common facilities including storm water detention
areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees
and bushes, removal and replacement of diseased or dead landscape materials, and the repair and
replacement of fences and monument signs, so as to keep the same in a clean, sightly and first
class condition.
The OWNERS and the DEVELOPER agree that the CITY may establish a Dormant
Special Service Area ("Dormant SSA") for a Phase or Phases at my4imeLgIlowingapprovalof_ - - Detetede rho
a Final Plan for a Phase or Phases to act as a back up if Association fails to maintain the common Deleted: or
facilities provided, however, no Dormant SSA tax shall be levied or assessed on any portion of
the Property unless (i) there is a material failure to maintain the common facilities, (ii) the CITY
provides the Association notice of such failure and (iii) the Association fails to cure such failure
within 60 days of receiving such notice. Any Dormant SSA taxes levied or assessed under this
paragraph shall be at rates sufficient to generate revenue to pay, and shall be used solely and
exclusively, for the CITY's costs of performing the maintenance activities.
21. CITY INSPECTIONS.
In the event the CITY's administration of the development of the Property requires .
additional personnel to conduct inspections of public improvements constructed by the
DEVELOPER on the Property, the C�ITY shall have the right to designate a_clualified engineering_ _ - - Deleted: DEVELOPER
firm mutually acceptable to the CITY and DEVELOPER, which aoaroval the DEVELOPER
shall not unreasonably withhold, to provide inspections of such public improvements. Such
inspections shall be in lieu of inspections by employees of the City. The cost of all services
performed by such engineering firm pursuant to this Section hereof shall be paid by the
DEVELOPER.
22. APPLICABILITY OF LAWS AND FEES.
A. No amendment to City Codes governing the development of the Property
including, but not limited to, the CITY's Zoning and Subdivision Ordinances, that is adopted
after the Petition Filing Date shall apply to the Property during the term of this Agreement except
the following:
1. Amendments expressly required by this Agreement; and
2. Amendments to which the Owner has expressly consented in writing.
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B. Other than fees adopted by YBSD and the Bristol-Kendall Fire Protection
District wring the first ftveyears following the Effective Date, the CITY shall impose upon and_ _ - - oeteted: D
collect from the OWNERS and/or DEVELOPER, only those fees and charges, in such amount or
at such rate, as are in effect on the Effective Date as itemized in exhibit _. _ On the fifth _ - - rormatted: Font: Not Bold
anniversary of the Effective Date and continuing through to the tenth anniversary of the Effective Deleted: J
Date, such fees and charges in effect on the Effective Date shall be imposed in those amounts, or
at those rates, in effect as of the fifth anniversary date of the Effective Date. On the tenth
anniversary of the Effective Date and continuing through to the fifteenth anniversary of the
Effective Date, such fees and charges in effect on the Effective Date shall be imposed in those
amounts, or at those rates, in effect as of the tenth anniversary date of the Effective Date. On the
fifteenth anniversary of the Effective Date and continuing through to the end of the term of this
Agreement, such fees and charges in effect on the Effective Date shall be imposed in those
amounts, or at those rates, in effect as of the fifteenth anniversary date of the Effective Date.
23. TERM. _
The term of this Agreement shall be for 20 years from the Effective Date.
24. REMEDIES.
A. This Agreement shall be enforceable in any court of competent jurisdiction by the
PARTIES, or by any successor or successors in title or interest or by the assigns of the
PARTIES. Enforcement may be sought by an appropriate action at law or in equity to secure the
performance of the covenants, agreements, conditions and obligations contained herein.
B. The DEVELOPER may terminate this Agreement if the CITY should fail to
annex and zone the Property in the manner provided in this Agreement.
C. In the event of a material default under this Agreement, the PARTIES agree that
each PARTY shall have thirty (30) days after notice of said default to correct the same prior to
the non-defaulting party's seeking of any remedy provided for herein. Said thirty (30) day
period shall be extended, for a reasonable time, if said default cannot reasonably be cured within
said 30 day period, provided said party has initiated the cure of said default within said 30 day
period and continues to diligently prosecute the cure of the same.
D. If any PARTY shall fail to perform any of its obligations hereunder, and the other
party affected by such default shall have given written notice of such default to the defaulting
party, and such defaulting patty shall have failed to cure such default within the applicable time
period provided for in paragraph C above, then, in addition to any and all other remedies that
may be available, either in law or in equity, the party affected by such default shall have the
right, but not the obligation, to take such action as in its reasonable discretion and judgment shall
be necessary to cure such default, and in such event, the defaulting party hereby agrees to pay
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and reimburse the party affected by such default for all reasonable costs and expenses incurred
by it in connection with the action taken to cure such default.
E. In the event the performance of any covenant to be performed hereunder by any
PARTY is delayed for causes which are beyond the reasonable control of the party responsible
for such performance (which causes shall include, but not be limited to, acts of God, inclement
weather conditions, strikes, material shortages, lockouts, acts of civil disobedience and the
revocation, suspension or inability to secure any necessary government permit, license or
authority) the time for such performance shall be extended by the amount of time of such delay.
F. The failure of the PARTIES to insist upon the strict and prompt performance of
the terms, covenants, agreements and conditions herein contained, or any of them, upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
party's right thereafter to enforce any such term, covenant, agreement or condition, but the same
shall continue in full force and effect.
25. MEDIATION.
Any dispute which may arise relating to this Agreement between two or more
PARTIES that can not be resolved to the satisfaction of each such PARTY shall first require the '..
such PARTIES to participate in mediation in accordance with mediation practices and '..
procedures of the Circuit Court of Illinois for the Sixteenth Judicial Circuit; provided, however,
that such mediator shall be a former federal or Illinois appellate court judge, unless the PARTIES '...
otherwise mutually agree; and provided further that either party may terminate such mediation
upon (thirty) 30 days' written notice to the other party. Such PARTIES agree to share equally in '....
the costs of the mediation which shall be administered by one mediator acceptable to such
PARTIES. The mediator shall provide a written opinion upon the request of any PARTY to the '..
dispute. The PARTIES acknowledge and agree that materials filed in such mediation shall be
deemed to be confidential records relating to litigation.
26. INTEGRATION AND AMENDMENT.
A. This Agreement supersedes all prior agreement and negotiations between the
PARTIES relating to the Property but specifically does not supersede in any manner the terms
and conditions of the East Village Annexation Agreement or the South Village Annexation
Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and
understandings between and among the PARTIES relative to the Party and the subject matter of
this Agreement, and there are no promises, agreements, conditions, or understandings, either oral
or written, expressed or implied, between or among them, other than as herein set forth.
B. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Agreement shall be binding upon the PARTIES unless reduced to
writing and signed by them or their successors in interest or their assigns; provided, however,
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that any amendment affecting only a portion of the Property shall be effective upon the execution
of an instrument by and among the CITY, the DEVELOPER, and the OWNER or OWNERS of . - Deleted: owner
such portion of the Property.
C. All recitals and exhibits to this Agreement are incorporated herein by this
reference.
27. APPROVALS.
Whenever any approval or consent of the CITY, OWNERS, or DEVELOPER or any of
their departments, officials or employees is called for under this Agreement, the same shall not
be unreasonably withheld, conditioned, or delayed.
28. SEVERABILITY.
In the event any provision, phrase, paragraph, article or portion of this Agreement is
found to be invalid, illegal or unenforceable by any court of competent jurisdiction, such finding
of invalidity, illegality or unenforceability as to that portion shall not affect the validity, legality
or enforceability of the remaining portions of this Agreement. If, for any reason, this
Agreement, or any provision hereof, is ruled invalid, in whole or in part, the CITY shall
expeditiously take such action(s) (including the giving of such notices, the holding of such public
hearing and the adoption of such ordinances and resolutions) as may be necessary to give effect
to the spirit of this Agreement and the intentions of the PARTIES as reflected by the terms of
this Agreement. Neither the PARTIES, nor any party claiming by or through them, shall contest
or dispute the validity, legality or enforceability, or assert the invalidity, illegality or
unenforceability, of any phrase, paragraph, article, or provision of this Agreement or of any
ordinance adopted by the CrIY pursuant to this Agreement.
29. ASSIGNMENT.
This Agreement shall be binding upon and inure to the benefit of the PARTIES and their
respective successors and assigns, including successor members of the Corporate Authorities and
successor grantees, purchasers, and owners of the Property; provided, however, that no person
shall be deemed as successor or assign of the DEVELOPER except upon written
acknowledgement by the DEVELOPER. Notwithstanding the foregoing, DEVELOPER may
delegate the exercise of any rights or obligations of DEVELOPER pursuant to this Agreement to
any person; provided that such delegation is in writing addressed to the CITY and sets for with
particularity the rights and obligations of the delegatee.
30. TIME
Time is of the essence of this Agreement and all documents, agreements and contracts
pursuant hereto.
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31. NOTICE.
All notices, elections or other communications between the PARTIES hereto shall be in
writing and shall be mailed by certified mail, return receipt requested, postage prepaid, or '..
delivered personally, to the PARTIES at the following addresses or such other address as the
PARTIES may, by notice, designate:
If to the CITY: United City of Yorkville
800 Game Fame Road '..
Yorkville, IL 60560
Attn: City Manager
with a copy to: John Wyeth, Esq.
City Attorney
800 Game Farm Road
Yorkville, IL 60560
If to the DEVELOPER: Michael J. Fenaguto
Ocean Atlantic Chicago LLC
1800 Diagonal Road
Suite 425
Alexandria, VA 22314
and
Patrick J. Hughes
Ocean Atlantic Chicago LLC
1751 W. Diehl Road, Suite 130
Naperville, IL 60563
with a copy to: David S. Warner, Esq.
Freeborn & Peters
311 S. Wacker Dr., Suite 3000
Chicago, 11, 60606
If to the OWNERS: [List All OWNERS]
Notices shall be deemed received on the third business day following deposit in the U.S. mail, if
given by certified mail as aforesaid, and upon receipt, if personally delivered.
32. RIGHTS CUMULATIVE. Unless expressly provided to the contrary in this
Agreement, each and everyone of the rights, remedies, and benefits provided by this Agreement
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shall be cumulative and shall not be exclusive of any other rights, remedies, and benefits allowed
by law.
33. JOINT AND SEVERAL LIABILITY. All liabilities, obligations, and duties
provided for in this Agreement are the joint and several liability, obligation, and duty of the
PARTIES.
34. GOVERNING LAW. This Agreement shall be governed by, and enforced in
accordance with, the internal laws, but not the conflicts of taws roles, of the State of Illinois.
i
35. COUNTERPARTS. This Agreement may be signed and executed in one or more
counterparts with each having the effect of original signature.
(SIGNATURE AND EXECUTION PAGES TO BE ADDED]
25'1 1059v! _ _ _ _ - .. - Deleted: 12287824
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�I
EDIT D
Exceptions to Applicable Codes
Subdivision Control Ordinance No. 2004-52 Adopted 11928,04 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: z
Deleted: s
i) Section 7.06 Street Jogs: Dmeted: p9
Subdivision Control Ordinance Requirement: Deleted: oe ',
Street intersection jogs with center line offsets of less than one hundred fifty (150) shall be
prohibited,
Variance Requested:
An exception for eyebrows with landscaped Islands or driveways into motor courts.
2) Figure 2 on page 523:
Subdivision Control Ordinance Requirement: '..
Minimum radius to Centerline of Horizontal Curves for Local, Minor for row house and '..
apartments, 150 ft.
Variance Requested:
The ability to decrease to 60' radius on Internal loop streets with less than 30 units.
One Family Residence District
Single Family Detached:
1) Minimum Lot Size:
Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B - R-2 One Family '..
Residence District; Section 10-6B-3: Lot Area and Allowable Density; Item B)
Lots served by both public sewerage and water facilities shall have an area of not less
than Twelve Thousand (12,000) Square Feet and a width at the building line of not less
than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units
per acre.
Variance Requested:
Minimum lot size shall be The Thousand (10,000) Square Feet when the lot abuts open space.
Cluster homes, zero lot line and age-targeted single-family lots can be a minimum of Six
Thousand (6,000) Square Feet.
2) Residential Side Yard Setbacks:
Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article B - R-2 One Family
Residence District; Section 10-68-4: Yard Areas; Item B — Side Yards)
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I
A side yard on each side of the zoning lot of not less than Ten Feet (10') or ten percent
(10%), whichever is greater, except where a side yard adjoins a street, the minimum ',
width shall be Increased to Thirty Feet (39). ',
Variance Requested: ',
The exterior corner side yard adjoining a street shall be a minimum of Twenty Feet (20') and all
other side yards required to have 10% of the lot width.
General Residence District:
Courtyard Homes-Single Family Attached:
1) Residential Front Yard Setbacks: _
Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General
Residence Section 10.6D-4: Yard Items; Item B -1)
Front Yard: Not less than Thirty Feet (30').
Variance Requested:
Front yard not less than Twenty Feet (20').
2) Residential Side Yard Setbacks:
Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General '..
Residence Section 10-6D-4: Yard Items; Item B —2) - 1
Side Yards: Two (2) side yards, each Twelve Feet (12') in width; or, a side yard of sixty
percent (60%) of the building height (whichever Is greater), except a side yard adjoining a '..
street shall not be less than Twenty Feet (20') in width. '..
Variance Requested: '..
Side Yards: Two (2) side yards, each Ten Feet (10') in width.
Side Yard adjoining a private street: If adjacent to a private street, the minimum side yard shall be
Twenty Feet (20') from the edge of pavement.
3) Residential Rear Yard Setbacks:
Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General
Residence Section 10-6D-4: Yard Items; Item B —3)
Rear Yard: Rear yard not less than Forty Feet (40') in depth. (Ord. 1973-56A, 3-28-74)
Variance Requested:
Rear Yard: Rear yard not less than Thirty Feet (30') In depth.
Townhomes-Single Family Attached:
1) Residential Front Yard Setbacks:
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Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General ',
Residence Section 10-613-4: Yard Items; Item B -1)
Front Yard: Not less than Thirty Feet (30')
Variance Requested: '..
Front Yard: Not less than Twenty Feet (20')
2) Residential Side Yard Setbacks:
Zoning Ordinance Requirement:
United City of the Village of Yorkville Zoning Ordinance (Chapter 6; Article D - R-4 General
Residence Section 10.60-4: Yard Items; Item B —2)
Side Yards: Two (2) side yards, each Twelve Feel (12') in width; or, a side yard of sixty .
percent (60%) of the building height (whichever is greater), except a side yard adjoining a
street shall not be less than Twenty Feet (20') in width.
Variance Requested:
Side Yards: Two (2) side yards, each Ten Feet (10') in width.
Minimum Building Separations — Sin le Family Attached:
Minimum building separations in Single Family Attached Pods shall be as follows:
a) Rearto Rear 60'
b) Front to Side 40'
c) Garage to Garage 60'
d) Side to Rear 40'
e) Side to Side 20'
0 Front to Front 60'
Minimum Roadway Standards-Single Family Attached:
1) Minimum Right-of-Way Width:
Subdivision Control Ordinance Requirement: -
United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum right-of-
way width for Local, Minor streets for row houses and apartments as Sixty Feet (60').
Variance Requested:
Right-of-way width for Local, Minor streets for multi-family parcels-Sixty Feet (60').
2) Minimum Roadway Width:
Subdivision Control Ordinance Requirement:
United City of Yorkville Subdivision Control Ordinance "Figure 2" identifies a minimum roadway
width for Local, Minor streets for row houses and apartments as Thirty Feet (301).
34
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Variance Requested:
Roadwaywidth for Local, Minor streets for multi-family parcels with no on-street parking-Twenty Four
Feet (24')
i
35
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I
MEMORANDUM
TO: Yorkville Park Board
FROM: . Dave Mogle, Director of Parks and Recreation
i
RE: New Business
DATE: January 23, 2007
YYBSA AGREEMENT
The City's Agreement with the Yorkville Youth Baseball/Softball Association is due to be
reviewed and renewed. Staff has met with officers from YYBSA and discussed the agreement.
The agreement is well written and requires little if any modification. A proposed agreement is
being submitted for the Board's review. Staff recommendation is to approve the agreement.
GENERAL POLICIES FOR USE OF PARKS FIELDS AND FACILITIES
The General Policies for Use of Parks, Fields, and Facilities is in need of updating. This
document is an attachment for the YYBSA agreement. Proposed changes are being submitted
for the Board's review. Areas highlighted represent additions or changes. Language was
inserted to cover the new lights at the Regional Ball Diamonds. Staff recommends approval of
the policies.
ATHLETIC FIELD RESERVATION. TOURNAMENT RESERVATION POLICIES
The Athletic Field Reservation and Tournament Reservation Policies are also in need of
updating. These policies, as well, need to be attached to the YYBSA agreement. As with
general use policies, adjustments were made to cover the new lights, and also some clarification
the definition of "League," ie. games, championship tournaments, and practices. Staff
recommends approval of the adjusted policies. Please note that until staff have been able to
secure the projected costs to operate the new lights, staff can not finalize its recommendations for
Reservation Fees. That will be brought to the Park Board as soon as possible.
TENNIS COURTS
At the January 11 , 2007 Park Board meeting under "Additional Business" the Board was briefed
on the desire of the School District to renovate and add tennis courts to the tennis complex next
to the high school. They are going to discuss a possible joint venture with Parks and Recreation
as part of the Park/School Intergovernmental. Staff would like to share some of its thoughts
concerning this issue including potential ideas. Background material will be distributed at the
meeting to help explore the matter. The reason this is on the agenda is to inform the board and
receive direction. The first Park/School Agreement meeting is 1/31 .
FY2007/2008 BUDGET PROCESS
The City Budget Process has begun with preliminary meetings having taken place between
Department Heads and the City Administration. Background material provided is an operating
budget document submitted that covers previous years' actuals, projected actual for FY0607, and
projections for three years. Also provided is a preliminary Capital budget. Staff will discuss.
HOOVER AGREEMENT
Work on the license agreement with the City is continuing. One item for your review, which
was briefly mentioned to the Park Board last Fall was the Boy Scouts of America desire to
maintain a presence at Hoover, though their status would be diminished with lesser priority than
the Forest Preserve District and the City Parks and Recreation. Background information for you
is a communication received following a meeting between the Scouts and Jason Pettit and me.
This is being brought forward at this time because a follow-up communication was received
indicating their desire for further discussion. Staff wants to inform the Board and receive
direction.
BOY SCOUT USE OF HOOVER
DAM CAMERA
AGREEMENT
UNITED CITY OF YORKVILLE
YORKVILLE PARKS AND RECREATION DEPARTMENT
and
YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION
This agreement is made and entered into this day of 2007, by and between
THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the "city"), and the
YORKVILLE YOUTH BASEBALL / SOFTBALL ASSOCIATION, an Illinois not-for-profit
.corporation (the "Association").
WITNESSETH
WHEREAS, the City is the owner of certain fields and parks (the "Parks") which. the
Association wishes to utilize from time to time with the prior written permission from the City and the
City wishes to accommodate the Association's use of the Parks on the terms and conditions set forth
herein.
NOW, THEREFORE, in consideration of the covenants and agreements hereinafter
contained, it is mutually agreed by and between the parties hereto as follows:
11 -Use of Parks by the Association. The City agrees to permit the Association to utilize certain
Parks designated by the City at those times that are mutually acceptable to each of the parties
for a term commencing April 1, 2007 and ending July 31, 2007. The parties agree that the
Association's use of the Parks designated by the City shall be nonexclusive. The Association's
use of the Parks designated by the City shall be subject to the City's ordinances, policies and
direction of the City's officers and as otherwise hereinafter provided. Master Schedules must
be submitted to the City for use of the fields, inclusive of rain dates. Schedules will be
approved by the City based on availability.
2. Use. The Association agrees to adhere to the approved athletic field reservation policy.
Furthermore, by using the parks and fields of the City, the Association agrees to adhere to all
City Ordinances, use policies and procedures while in the parks and fields.
3. Maintenance Standards. In agreeing to use the City Parks the Association agrees to
participate in completing the routine maintenance items while using the parks.
• Inspect the fields prior to use daily
• Litter. control through daily collection when scheduled use by the Association
• Immediately reporting of any damages and/or maintenance concerns to the City.
FURTHERMORE, The City agrees to prepare the fields / parks prior and through out the
season to maintain quality conditions for use.
The responsibility of the common areas and turf will be the responsibility of the City unless
otherwise identified
4. Insurance
The Association shall maintain commercial general liability (CGL) and commercial umbrella
liability insurance with a limit of not less than $2,000,000 for each occurrence. If such
insurance policy contains a general aggregate limit, it shall apply separately to this Agreement.
i. Occurrence basis coverage. This CGL and umbrella insurance shall be written on an
occurrence basis and shall cover liability arising from premises, operation, independent
contractors, products-completed operations, bodily and personal injury, property
damage, as well as liability assumed by the Association under this Agreement.
ii. Additional insured. The City shall be named as an insured under the CGL and
umbrella insurance using an additional endorsement to the City for claims arising out of
or as result of this Agreement.
iii. Waiver of subrogation. The Association waives all rights against the City for recovery
of damages to the extent these damages are covered by the CGL or commercial
umbrella liability insurance maintained pursuant to this Agreement.
B. Delivery to City of certificates. Within 10 days from the start date of this Agreement, the
Association shall furnish the City with copies of its current certificates of insurance
documenting each such policy along with the additional insured endorsements required in this
section.
C. Cancellation. All such insurance provided for herein shall be non-cancelable, except upon
30 days' prior written notice to the City, and shall contain the following endorsement (or its
equivalent) and shall appear on the policies respective insurance certificates:
It is hereby understood and agreed that this insurance policy may not be
canceled by the surety or the intention not to renew be signed by the surety until
30 days after receipt by the City of Yorkville by registered mail of written notice
of such intention to cancel or not to renew.
D. No Limitation on liability. The minimum amounts set forth in this Agreement for
such insurance shall not be construed as a limitation or satisfaction of the Association's
liability, including indemnification, to the City under the Agreement as to the amount of such
insurance.
E. No Waiver. The failure or delay of the City at any time to require performance by the
Association of any provision of this section, even if known, shall not affect the right of the City
to require performance of that provision or to exercise any right, power or remedy under this
Agreement, and any waiver by the City of any breach of any provision in this section shall not
be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of
the provision itself, or a waiver of any right, power or remedy under this Agreement.
F. Primary coverage. The coverage shall apply as primary coverage with respect to any
other insurance or self-insurance program afforded to the City. There shall be no endorsement
or modification of this coverage to make it excess over other available insurance / coverage;
alternatively, if the CGL and umbrella, excess of reinsurance states that it is pro rata, it shall be
endorsed to be primary with respect to the City.
5, Liability, Indemnification and Waiver
A. Assumption of liability. Except as specifically provided by law or this Agreement, the
City assumes no liability or responsibility for any injury to or death of any person or persons
including officers and employees of the Association and participants in the Association's
program and activities or any other person and assumes no liability or responsibility for any
damage to property sustained by any person(s). In addition the Association will report all
injuries to the City within 24 hours.
B. Indemnification. To the fullest extent permitted by law, the Association will defend,
indemnify and hold the City harmless from all claims arising directly or indirectly from or in
connection with (i) the conduct or management of the programs and activities of the
Association; (ii) any act, omission or negligence of the Association or any of its directors,
officers, agents, employees, invitees or contractors of the Association; (iii) any accidents,
injury or damage whatsoever occurring on or at the Parks arising from, directly or indirectly,
the use of the Parks by the Association or any of its directors, officers, agents, employees,
invitees or contractors, as well as participants in the Association's programs and activities
except to the extent of any negligent or wrongful act or omission of the City. However, this
limitation shall not in any way limit the Association's duty to defend the City.
C. Defense of City. In the event any claims shall arise, the Association shall defend and
pay any judgment or settlement against the City in such claims. The City shall tender the
defense to the Association. The Association and the City shall mutually agree to counsel to
defend of such claims. The City, in its sole discretion, may participate in the defense of such
claims at the Association's sole expense, but such participation shall not relieve the
Association from its duty to defend and to pay any judgment or settlement against the City in
such claims. Except where a settlement completely and forever releases the City from any and
all liabilities without financial contribution by the City or its insurer, the Association shall not
agree to any settlement of the claims without the City's approval.
D. Waiver of defenses. In any and all claims against the City or any of its agents or
employees the indemnification obligation under this paragraph shall not be limited by any
limitation on the amount or type of damages, compensation or benefits payable by or for the
Association under applicable law. The Association waives all defenses available to the
Association which limit the amount of the Association's liability to the City.
6. No Alteration. The Association shall not make structural improvements, changes or alteration
to the Parks without first obtaining the written consent of the City. Any improvements to the
parks will be through a donation to the City, and therefore become the property of the City.
7, No Assignment. The Association shall not assign its interest in this Agreement without
obtaining the written consent and approval of the City.
81 Binding upon successors. This Agreement shall be binding upon the successors and assigns
of the parties hereto.
91 Reimbursement for increased insurance costs. Any increase of insurance premium on the
Parks resulting for such use by the Association shall be paid for by the Association.
10. Integration of all terms into Agreement. This Agreement contains all of the terms,
conditions and agreements between the parties hereto and no amendments, additions or changes
hereto shall be valid unless attached hereto in writing and signed by the City and the
Association. Failure to abide by the policies and rules set forth in this agreement could result in
additional fees assessed to the Association and/or loss of privileges regarding the use of Parks
and fields.
IN WITNESS WHEREOF, the parties hereto have, the day and year first above written,
signed and executed this Agreement by virtue of authority given and granted by the respective
corporate authorities of the parties hereto.
THE UNITED CITY OF YORKVILLE
By:
Mayor, United City of Yorkville
By:
Park and Recreation Board
YORKVILLE YOUTH BASEBALL/SOFTBALL ASSOCIATION
By:
President
Attest:
Representative
GENERAL POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE
PARKS, FIELDS AND FACILITIES
• No equipment or permanent signage will be added or installed to the park without the permission of the
United City of Yorkville Park and Recreation Department.
• No ball hitting or pitching into fences or dugouts is allowed.
• Each party will report any damage and or maintenance concerns to the park department immediately. '...
• Coordination of work involving the park department staff or use of the equipment will generally require
a two-week notice, for scheduling purposes.
Only approved maintenance vehicles are allowed on grass. Vehicles are not allowed on the fields
proper.
• All requests for use of fields, or park(s) must be in writing.
• Each group must complete a checklist ensuring that the fields are in acceptable condition after their
scheduled use. This form must be turned into the Park and Recreation Department at the end of the
season or maintenance obligation.
• Due to the scheduling or early setups for the other functions, all groups and organizations are requested
to use only the area, field, or park that has been assigned to them.
• No group may meet in the United City of Yorkville parks that practices discrimination in any manner, or
partisan political activities of any kind. Non-partisan public meetings and information forums are
permitted.
• No intoxicating liquor or persons under the influence of alcohol or drugs shall be allowed on the
premises. Failure to follow this rule will result in forfeit of deposit, assessed damage fees and privileges
immediately. Recreation and Park Department staff as well as the Yorkville Police Department may be
patrolling and monitoring the event at the discretion of the United City of Yorkville staff.
• Groups using the United City of Yorkville parks, fields, buildings or facilities are responsible for litter
control and pick up. Damage or excessive litter may result in a loss of privileges and use.
• Groups may not use the fields or parks when the weather conditions are dangerous or when the field
conditions are not acceptable. All groups must adhere to the inclement weather practice for field
conditions; (no standing water, saturated turf conditions, or times when safety is a concern).
• Groups must adhere to all city ordinances, policies and procedures when using the facilities, parks and
fields. (Sign Ordinance, Building Rental Policies, Lightening Prediction Policy, and weather warning
alarm system, and any other city guidelines that pertain to the use of City Owned property).
, . e .
e o .
e � i
i
UNITED CITY OF YORKVILLE
PARK AND RECREATION DEPARTMENT
ATHLETIC FIELD RESERVATION POLICY
The Athletic Field Reservation policy of the United City of Yorkville has been established to provide a
systematic method by which athletic fields (baseball, softball and soccer) may be reserved by the
residents of the community. A reservation is not required for athletic field use for occasional play or
ick a games:,. league play (which includes multiple days, or week play
a permit is required and will guarantee use for the dates and times specified on the permit.
Objective
• To provide maximum utilization of athletic fields through centralized scheduling
• To provide an impartial distribution of athletic fields to the various community groups who
wish to reserve fields.
• To plan cooperatively with other community agencies to enhance individual and group
recreational needs.
• To provide recreational activities which take into consideration the needs of the community.
• To provide the best possible maintenance of athletic fields using available manpower and
monetary resources.
RENTAL CATEGORIES
Category A Government and non-profit organization which are located within the United City of Yorkville.
Category B Private groups and individuals which are comprised of predominately (at least 80%) United
City of Yorkville residents.
Category C Business or corporations which are located within the United City of Yorkville boundaries.
Category D Governmental and non-profit organizations which are located outside the United City of
Yorkville boundaries.
Category E Private groups and individuals who do not fall into the predominately resident classification
(Category B).
Category F Business or corporations which are located outside of the United City of Yorkville boundaries.
Athletic Field Use Priorities
When scheduling reserved use of athletic fields, the following priorities shall be established:
1 . United City of Yorkville Park and Recreation sponsored programs
2. Yorkville School District
3 . Youth Leagues that have approved cooperative agreements with the City of Yorkville.
4 Privately speasofedffi LL_m athletic programs within the community requesting to
reserve an athletic field(s) on a seasonal basis.
5. Private groups or individuals requesting to reserve an athletic field(s) on a single
or multiple dates.
6. Other
Resident groups (groups with 80% or more United City of Yorkville residents) shall be given priority
over non-resident groups. The 80% residency requirement shall be calculated based on the total
number of people using the field.
Athletic fields may be used on a drop-in basis by any group or individual without a reservation on a
first come first serve basis. Drop-in use is limited to 2 hours and does not include any organized
league games. Groups or individuals with an approved reservation or permit and City programs will
have priority use.
In case of inclement weather, the United City of Yorkville Park and Recreation Department shall make
the final decision regarding playability of all fields.
Request for Athletic Field Reservation
Organizations, groups and individuals desiring to reserve athletic fields shall complete the standard
application for athletic field reservation. In addition, organizations, groups, and individuals shall be
required to submit the following with the application form:
• A certificate of insurance — co-naming the United City of Yorkville as an additional insured,
Assumption of liability, and Waiver of subrogation
• The team roster(s) with addresses and signed waiver forms from each player or guardian.
• The Recreation Department may request additional information from the desired individual or
groups if it is considered to be in the best interest of the City or necessary to make a decision
regarding the use of a field.
Reservation requests shall be approved beginning on M§M the following dates:
Spring Season (March — May) February 15th
Summer Season (June — August) April 15th
Fall Season (September — November) July 15"'
I
TOURNAMENT ATHLETIC FIELD RESERVATION
Any groups wishing to host a tournament shall have an approved athletic field reservation prior to
submitting a bid to host a tournament.
A. MAJOR TOURNAMENTS
Athletic field reservation requests for major tournaments shall be submitted in writing at least nine
months prior to the tournament date. Major tournaments shall include, but are not limited to, national,
regional and state tournaments.
B. SMALL TOURNAMENTS
Athletic field reservation requests for small tournaments shall be submitted in writing at least sixty
days prior to the tournament date. Small tournaments shall include, but not limited to, city-wide or
county tournaments.
C. SPECIAL REQUESTS
Any special tournament requests for any variances shall be submitted in writing along with the athletic
field reservation request. Special tournament requests shall include, but are not limited to,
am selling concessions (including items to be sold and their prices), extended park hours use, use of
a public address s stem, admission charges, additional bleachers, additional field maintenance, use of
snow enee, • and water or electrical access.
D. PROCEDURE
Written requests for tournament athletic field reservations and special requests shall be submitted to
the Recreation Department according to the deadlines listed above. In addition, certificate of
insurance, team rosters and signed waiver forms for each player participant shall be submitted to the
Recreation Department at least one week prior to the tournament date. Athletic field reservation
i re nests shall be a roved by the Recreation Department. Special tournament and use requests for
shall be approved by the Park Board.
The group or organization requesting the use of the fields for tournament use is responsible for all
participant and players conduct while on the fields, park, surrounding areas including parking lot. All
players attending a tournament or other uses of the athletic fields should adhere to the GENERAL
POLICIES AND PROCEDURES FOR USE OF THE UNITED CITY OF YORKVILLE
PARKS, FIELDS AND FACILITIES. Any violation of these policies can impact the current and
future uses of all City fields and / or facilities. Furthermore, the group assumes all responsibility for
the repair or replacement of damage as a result of misuse of the field, equipment or park amenities.
I
t - Parks Capital Budget
2007-08
Expenses
Account Number Description 2007-08 2008-09 2009- 10
22-610-75-00-7006 Trucks 85,000.00 1355000.00 953000.00
Explanation
Purchase three additional trucks for three additional staff. One utility truck and two
pickup style trucks.
22-610-75-00-7015 Parks Equipment 65,000.00 26,000 45,000.00
Explanation
Purchase one additional wing style mower (45k) replace zero turn bagging mower (12k)
purchase additional utility golf cart (8k).
22-610-75-00-7009 Computer Workstations 2,500 5,000 5,000
Explanation
Replace workstation for maintenance staff.
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Council
BOY SCOUTS OF AMERICA
October 5, 2006
Mr. Jason Pettit
Director
Kendall County Forest Preserve District.
110 West Madison Street
Yorkville, IL 60560
Dear Jason:
Thank you for taking the time to meet with Steve Adams and me to discuss the Chicago Area
Council/Kendall County Forest Preserve District partnership.
As a follow-up to our meeting, I am enclosing a preliminary proposal for continued use by the
Scouts of the Hoover Outdoor Education Center. Obviously, it is a general concept with many
details to be examined, and it is proposed only as a starting point for discussions.
I have also included an operating budget for the .past three years that will give you an idea of our
expenses.
Please review the proposal and then contact me so that we may discuss it further.
Sincerely,
Brock L. Bigsby
Assistant Scout Executive
Enclosures
cc: Steven Adams, Director of Camping, Chicago Area Council
David Mogle, Director of Parks and Recreation, Yorkville
1218 WEST ADAMS STREET • CHICAGO, IL 60607-2802
TEL. (312 ) 421 -8800 • FAX (312) 421 -4725 • WWW.CHICAGOBSA.ORG
CHICAGO AREA COUNCIL BOY SCOUTS OF AMERICA
Proposed Chicago Area Council/Kendall County Forest Preserve District
Partnership For
Hoover Outdoor Education Center
Yorkville, Illinois
Prepared By: Brock L. Bigsby, Assistant Scout Executive
October 2, 2006
Attached is a suggestion for consideration by the Kendall County Forest Preserve District for a
long-term partnership with the Chicago Area Council, Boy Scouts of America. This proposal
would enable the Chicago Area Council to continue to use the Hoover Outdoor Education Center
for Scouting purposes, while benefiting the Kendall County Forest Preserve District.
Both organizations have parallel goals to provide outdoor education and recreation for families
throughout the area. By working together, the capabilities of both organizations are enhanced,
thus providing an ideal win-win partnership.
The options presented are general concepts for discussion purposes only and can be changed and
amended as agreed upon by both parties.
PRPOSED KENDALL COUNTY FOREST PRESERVE DISTRICT/
CHICAGO AREA COUNCIL PARTNERSHIP
• Allow the Chicago Area Council to reserve specific facilities, such as key buildings and
program areas, for specific, limited time periods for several years in advance.
• Allow the Chicago Area Council to store program equipment on the property.
• The Chicago Area Council would compensate the Kendall County Forest Preserve
District by paying the normal rental fee as well as an additional amount to be determined.
Benefits
For the Kendall County Forest Preserve District
• Provide a regular, reliable revenue stream.
• Advance the mission of the Kendall County Forest Preserve District.
For the Chicago Area Council
• Provide an outdoor program facility.
• Allow for long term program and budget planning.
`i
CHICAGO AREA COUNCIL BOY SCOUTS OF AMERICA
HOOVER OUTDOOR EDUCATION CENTER
OPERATING STATEMENTS
2003 2004 j2005
Revenue
Camp Fees $ 130,414 $ 108,625 86,055
Rentals $ 82,927 $ 74,608 $ 59,753
Sale of Visitor Meals $ 49,964 $ 34,220 $ 38,620
Program Fees $ 61459 $ 51064 $ 41623
Vending Machines $ 506 $ 334 $
Trading Post $ 242 $ 992 $ 1 ,922
Other Income $ 31150 $ 21373 $ 21695
TOTAL REVENUE $ 273,662 $ 226,216 $ 193,668
Expense
Salaries $ 82,996 $ W519 $ 83,693
Temporary Help $ 31091 $ 21482 $ 859
Employee Benefits $ 61260 $ 51592 $ 5,766
Employee Taxes $ 71153 $ 7,093 $ 61476
Supplies $ 59,963 $ 881881 $ 53,917
Telephone $ 21385 $ 1 ,514 $ 11133
Postage $ 343 $ 412 $ 346
Printing $ 657 $ 610 $ 243
Electricity $ 43,941 $ 39,511 $ 37, 199
Gas $ 20,070 $ 17,287 $ 25,579
Water & Sewer $ 1 ,289 $ 11437 $ 1 ,098
Janitorial $ 21267 $ 21567 $ 31241
Licenses & Permits $ 21450 $ 11835 $ 11440
Building Supplies $ 10,339 $ 11 ,238 $ 12,219
Equipment $ 10,026 $ 81613 $ 71076
Vehicles $ 71699 $ 7,126 $ 12,326
Training $ 11833 $ 915 $ 1 ,538
Awards $ 41098 $ 2,566 $ 2,559
Insurance $ 67,908 $ 521105 $ 461304
Miscellaneous $ 222 $ 126 . $ 102
TOTAL EXPENSE $ 3341990 $ 3421429 $ 3031114
NET OPERATIONS $ (61 ,328) $ (116,213) $ (109,446)
MINUS AVERAGE CAPITAL EXPENSE $ (25,000) $ (25,000) $ (25,000)
NET COST $ 86,328) $ (141 ,213) $ (134,446)