City Council Packet 2006 07-11-06 °'ry United City of Yorkville
n 800 Game Farm Road
ESL , .1836 Yorkville, Illinois 60560
-�� Telephone: 630-553-4350
O C'n, y Fax: 630-553-7575
<CE oV�
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
Immediately Following Special Committee of the Whole Meeting
Tuesday,July 11,2006
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD R WARD III WARD IV
Paul James Valerie Bard Marty Munns Joe Besco
Jason Leslie Dean Wolfer James Bock Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
To be Announced To be Announced
Economic Development Committee:
7:00 p.m., Thursday, July 27, 2006
City Hall Conference Room
Administration Committee Meeting:
To be Announced
Public Safety Committee Meeting:
6:30 p.m., Thursday, July 13, 2006
City Hall Conference Room
City Council Meeting Agenda
July 11, 2006
Page 2
Public Hearings:
1. Richard Marker Associates, Inc.; Oakbrook Bank, as Trustee under the Provisions of a certain trust
agreement dated the 13th of September, 2005, and known as Trust#3405; John Robert Ament and Steven L.
Ament, Trustees under the Louise Marie Ament Testamentary Trust created by will dated November 9,
1978, J. Robert Ament and Jack C. Weis Trustees under the J. Robert Ament Charitable Remainder Trust
date November 3, 2005,John Robert Ament and Jack C. Weis, Trustees under the John Robert Ament
Living Trust dated October 19, 2005 and Ament I L.L.C., a Wyoming Limited Liability Company c/o John
Robert Ament;DBRNC, L.P. an Illinois Limited Partnership; Robert J. Murst and Lori L. Murst; Ann
Mane Sassaman, Jean Erna Ingemunson, Christopher Gabel,Karrie Rudd, and Jamie Gabel,petitioners,
request to annex to the United City of Yorkville and rezone from Kendall County A-1 to Agricultural to
United City of Yorkville Planned Unit Development containing R-2 One—Family Residence District; B-3
Service Business District Planned Unit Development and for hearing as to the Annexation Agreement of
Petitioner. The real property consists of approximately 514 acres east of Route 47 and South of Ament
Road in Kendall County, Illinois.
2. Bristol Ridge,LLC, and Standard Bank and Trust Co.No. 18745,petitioners, request to annex to the
United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville
containing R-2 One-Family Residence District, R-3 General Residence District and for hearing as to the
Annexation Agreement of Petitioner. The real property consists of approximately 190 acres east and west
of Cannonball Road approximately one-quarter mile south of Galena Road in Kendall County, Illinois.
Presentations:
1. PC 2006-37 O'Keefe Property—Concept Plan
2. PC 2006-50 Prairie Point—Concept Plan
Citizen Comments:
Consent Agenda
Plan Commission/Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council—June 27,2006
Minutes of Committee of the Whole—May 16, 2006
Bill payments for approval from the current Bill List(Corrections and Additions):
Checks total these amounts:
$ 24,949.45 (vendors - FY 05/06)
$ 1,634,661.80 (vendors - FY 06/07)
$ 193,892.38 (payroll period ending 6/24/06)
$ 1,853,503.63 (total)
City Council Meeting Agenda
July 11, 2006
Page 3
Reports:
Mayor's Report:
1. Overnight Parking Survey
2. PW 2006-127 2006 Miscellaneous Bituminous Paving—Bid Results
3. ZBA 2006-39 Ordinance Approving Variances for Side Yard Setback and Accessory Structures for
the Business Located at 504 South Bridge Street(Speedway Superamerica)
City Council Report:
1. Implementation of Governing Ordinance
City Attorney's Report:
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Director of Parks & Recreation Report:
Community Development Director Report:
Community Relations Manager:
Community&Liaison Report:
Committee Reports:
Public Works Committee Report:
1. No Report.
Economic Development Committee Report:
1. PC 2006-21 Resolution Approving the Final Plat of Subdivision for Villas at the Preserve
2. PC 2005-52 Kleinwachter—Annexation and Zoning
a. Ordinance Authorizing the Execution
b. Ordinance Annexing
c. Ordinance Rezoning
3. EDC 2006-15 Building Permit Report for May 2006
4. PC 2006-27 Matlock— 1 %2 Mile Review
5. PC 2006-15 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 17
City Council Meeting Agenda
July 11, 2006
Page 4
Economic Development Committee Report(con't):
6. PC 2006-28 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 21
7.1 PC 2006-29 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 23
8. PC 2006-30 Resolution Approving the Preliminary and Final Plats of Subdivision for Grande Reserve
Unit 24
9. EDC 2006-05 Ratos Development/Economic Initiative Agreement for Corneils and Route 47
10. EDC 2006-16 Raymond Regional Stormwater Management Facility Agreement
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. No Report.
Additional Business:
Adjournment:
COMMITTEES,MEMBERS AND RESPONSIBILITIES
[PUBLIC WORKS'!
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Wolfer Sanitation and Waste
Committee: Alderman James
CONOMIC DEVELOPMEN
--------- ----------------------------------------
Committee Departments Liaisons
Chairman: Alderman Munns Planning&Building&Zoning Chamber of Commerce
Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Besco Plan Commission
Committee: Alderman Leslie Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
City Council Meeting Agenda
July 11,2006
Page 5
COMMITTEES, MEMBERS AND RESPONSIBILITIES (con't)
UBLIC SAFETY;
----------------------------------------------------------------------------------------------------
Committee Departments Liaisons
Chairman: Alderwoman Spears Police Human Resource Comm.
Committee: Alderman Wolfer Schools School District
Committee: Alderman Leslie Public Relations KenCom
Committee: Alderman Bock
MINISTRATIOl
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Spears Public Properties Library
Committee: Alderwoman Burd Personnel Cable Consortium
Committee: Alderman Bock
[AD-HOC.- TECHN_O_L_OG
Committee —
Co-Chairman: Alderman Wolfer
Co-Chairman: Alderman Bock
a2�A ciT`� United City of Yorkville Memo
800 Game Farm Road
ESE. Z law Yorkville, Illinois 60560
Telephone: 630-553-4350
L °„ Fax: 630-553-7575
CE `VO,
Date: July 10, 2006
To. Mayor and City Council
From: Lisa Pickering, Deputy Clerk
CC: Department Heads
Subject: Additional information for City Council packet—July 11, 2006
Attached please find additional information for Public Hearing#1 —Heartland Crossing and
Public Hearing 42—Bristol Ridge. Please add this information to your City Council packet.
�bthiic
Ae&v i n(J
Final: 06/08/06 4 I
ANNEXATION AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Heartland Crossing Subdivision)
THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT
AGREEMENT(Agreement'),is made and entered as of the_day of .2006,
by and between OAKBROOK BANK,AS TRUSTEE UNDER THE PROVISIONS OF A
CERTAIN TRUST AGREEMENT DATED THE 13TH OF SEPTEMBER,2005,AND
KNOWN AS TRUST#3405 (Owner of parcel#05-16-400-002,located on the southeast
comer of State Route 47 and Ament Road in Yorkville,Kendall County,Illinois.),JOHN
ROBERT ANENT and STEVEN L.ANENT,TRUSTEES UNDER THE LOUISE
MARIE ANENT TESTAMENTARY TRUST CREATED BY WILL DATED
NOVEMBER 9,1978,L ROBERT ANENT and JACK C.WEIS TRUSTEES UNDER
THE L ROBERT ANENT CHARITABLE REMAINDER TRUST DATE NOVEMBER 3,
2005,JOHN ROBERT ANENT AND JACK C.WEIS,TRUSTEES UNDER THE JOHN
ROBERT ANENT LIVING TRUST DATED OCTOBER 19,2005 AND ANENT I
L.L.C.,A WYOMING LIMITED LIABILITY COMPANY C/O JOHN ROBERT
ANENT.(Owners of parcel#05-21-200-002,located on the east side of State Route 47
approximately one quarter mile south of Ament Road in Yorkville,Kendall County,Illinois.),
DBRNC,L.P.AN ILLINOIS LIMITED PARTNERSHIP(Owner of parcel#05-16-400-003,
located on the southeast corner of State Route 47 and Ament Road in Yorkville,Kendall County,
Illinois.),ROBERT L MURST AND LORI L.MURST(Owners of parcel#05-22-100-002,
located at 9166 Penman Road in Yorkville,Kendall County,Illinois.)and ANN MARIE
SASSAMAN,JEAN ERNA INGEMUNSON,CHRISTOPHER GABEL,KARRIE RUDD,
AND JAMIE GABEL(Owners of parcel#05-22-100-003,located on the east side of Penman
Road in Yorkville,Kendall County,Illinois.),(hereinafter collectively referred to as
"OWNERS")and RICHARD MARKER ASSOCIATES,Inc.(Hereinafter collectively
referred to as"DEVELOPER"),An Illinois corporation,and the UNITED CITY OF
YORKVILLE,a municipal corporation organized and existing under and by virtue of the laws
of the State of Illinois(hereinafter referred to as"City")by and through its Mayor and Aldermen
("Corporate Authorities"). OWNERS and DEVELOPER and the CITY are sometimes
hereinafter referred to individually as a"Party"and collectively as the"Parties".
117534/2 1
RECITALS:
A. OWNERS are the owners of record of certain parcels of real estate legally
described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter
referred to as"SUBJECT PROPERTY").
B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the
CITY for the purposes of developing one contiguous Planned Unit Development(PUD)known
as the Heartland Crossing Subdivision.
C. OWNERS and DEVELOPER desire to proceed with the development thereof for
residential and commercial use in accordance with the terms and provisions of this Agreement.
D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be
rezoned as a PUD under the R-2 One-Family Residence District provisions of the City Zoning
Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development as
depicted on the Depiction and Legal Descriptions of Zoning Parcels attached hereto and
incorporated herein as Exhibit`B", for single-family detached residences and commercial areas
with the B-3 Service Business District uses identified in Exhibit `B", as depicted on the
Preliminary PUD Plan and Preliminary Plat attached hereto and incorporated herein as Exhibit
"C,>
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning and conceptual site plan
on and . The Plan Commission concluded their deliberations on this case
at their meeting. City Council conducted the public hearing on the annexation
agreement on
]17534/2 2
F. The CITY and OWNERS and DEVELOPER have given all appropriate notices
due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City
Code.
G. The Corporate Authorities, after due and careful consideration, have concluded
that the Execution of the Annexation Agreement and Planned Unit Development Agreement
subject to the terms and provisions of this Agreement, and the rezoning, subdivision and
development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and
improvement of the CITY in that it will increase the taxable value of the real property within its
corporate limits, promote the sound planning and development of the CITY and will otherwise
enhance and promote the general welfare of the people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNERS and
DEVELOPER and the CITY to annex and develop the SUBJECT
PROPERTY described in the Attached Exhibit "A" as a Planned Unit
Development(PUD)establishing a unique character through the provision
of residential uses in conformance with the United City of Yorkville
Comprehensive Plan within a master planned community including open
spaces totaling over 140.3 acres and carefully integrated commercial uses
and through the provision of orderly flow of traffic within the
development and to adjoining real property.
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNERS and DEVELOPER to provide for
specific performance standards in the development of the SUBJECT
PROPERTY.
(iii) Each party agrees that it is in the best interest of the OWNERS,
DEVELOPER and the CITY that the SUBJECT PROPERTY be
developed in an orderly and efficient fashion. Therefore the CITY agrees
117534/2 3
to grant the OWNERS and DEVELOPER final plat and final engineering
approval for the entire SUBJECT PROPERTY, and will also allow
OWNERS and DEVELOPER to develop the SUBJECT PROPERTY, and
post SECURITY INSTURMENTS on a Phase or Unit by Unit basis.
(iv) Each party agrees that a substantial impact will be placed on the services
of the United City of Yorkville and other governmental agencies by
development of said real property.
(v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of
the CITY.
I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the
development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in
accordance with the terms and provisions of this Agreement, and be subject to the applicable
ordinances, codes and regulations of the CITY now in force and effect, except as otherwise
provided in this Agreement.
J. The OWNERS and DEVELOPER and their representatives have discussed the
proposed annexation and have had public bearings with the Plan Commission and the City
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
NOW, THEREFORE,in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement. The
Parties hereto further agree to supplement this Agreement with the Petition for Zoning and
Annexation, and drawings submitted therewith, including the Preliminary PUD Plan and
Preliminary Plat,attached hereto as Exhibit°C",Preliminary Engineering Plan,attached hereto
as Exhibit"D" ,Preliminary Landscape Plan,attached hereto as Exhibit"E" ,to be approved
117534/2 4
by the City Council upon the following terms and conditions and in consideration of the various
agreements made between the parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY ordinances, as amended from time to time,
and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution.
2. ANNEXATION AND ZONIN G. As soon as reasonably practicable following
the execution of this Agreement,the Corporate Authorities shall adopt such ordinances as may
be necessary and appropriate to annex and rezone the SUBJECT PROPERTY under the R-2
One-Family Residence District provisions of the City Zoning Ordinance("Zoning Ordinance")
with a Special Use for a Planned Unit Development with single-family residences and B-3
service business district for the commercial areas as shown on the Preliminary PUD Plan and
Preliminary Plat attached hereto as Exhibit"C".The zoning map of the CITY shall thereupon be
modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid.
Upon the OWNERS and DEVELOPER'S,compliance with the CITY'S requirements_, °e1eb8d`.tM.tioo"f
with regard to final plat and final engineering approval the CITY shall then grant such approval
for the entire SUBJECT PROPERTY. After the CITY has granted final plat and final
engineering approval of the entire SUBJECT PROPERTY the CITY shall then allow the
OWNERS and DEVELOPER to record and post letters of credit in phases over a three year
period commencing upon the recording of the fast final plat phase.
OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed
in accordance with the ordinances of the CITY,unless otherwise provided for herein, and agree
to follow all of the policies and procedures of the CITY in connection with such development
except as modified in this Agreement and the Preliminary PUD Plan and Preliminary Plat j
Exhibit"C"l.
117534/2 5
3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations' leb matted:Indent:First line: 0'
from the CITY'S ordinances,rules, and codes as set forth in Exhibits"G", attached hereto have
been requested, approved and are permitted with respect to the development, construction, and
use of the SUBJECT PROPERTY 'Permitted Modifications"). Deleted:Fur shall OWNERS and
____________ ___________-" va a ELOPER shall be permitted a
variance from the MY requitement to
,Furthermore OWNERS and DEVELOPER shall be permitted a variance-from-the CITY hook-up sump pump discharges to the
CITY storm sewer system. OWNERS
requirement to hook-up sump pump discharges to the CITY stoma sewer system. OWNERS and ', and DEVELOPER shall provide drains or
overland lot grading to open space or rear
DEVELOPER shall provide drains or overland lot grading to open space or rear and side yard and side yard.1.as set out and are
' approved in the final engineering plans
for said development OWNERS and
swales as set out and are approved in the final engineering plans for said development. I DEVELOPER shall not be required to
install any sidewall¢on Route 47,
DEVELOPER shall install a five-foot wide sidewalk along Route 47 which will be Penmaa Road,Anent Road,or Wheeler
Road. However DEVELOPER shall be
located on the Com-ed owned property as depicted in Exhibit "D". CITY shall work with required N construct pedestrian paths
, along the north side of Wheeler Road
DEVELOPER to obtain an easement for said sidewalk. If CITY and DEVELOPER are unable ' and along the east side of Penman Road
as depicted in Exhibit"D"
to obtain an easement to build the sidewalk within the Com-ed owned property then OWNERS Deleted:
and DEVELOPER will place the sidewalk adjacent to Route 47 upon the SUBJECT
PROPERTY. The sidewalk will be constructed when each commercial unit along Route 47 is
developed. DEVELOPER shall be required to construct pedestrian paths along the north side of
Wheeler Road and along the east side of Penman Road in lieu of sidewalks as depicted in
Exhibit"D". DEVELOPER shall also be required to construct a five foot wide sidewalk or ten
foot wide path on the south side of Ament Road as Depicted in Exhibit"D".
The CITY agrees that detention for the SUBJECT PROPERTY shall be in accordance
with the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit "C", and the
Preliminary Engineering Plan attached hereto as Exhibit "D", including the variances depicted
therein.
4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS
and DEVELOPER agree that any extension and/or construction of the utilities and public
improvements shall be performed in accordance with existing CITY subdivision regulations as
varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of
OWNERS and DEVELOPER as outlined in Exhibit"K" tructure hn rovements exc tJ--' Deleted:Infescuctme
(jnfras p ) --
as otherwise provided in this Agreement. The CITY shall , assist the OWNERS -and—, Deleted'have the sole responsibility of
117534/2
DEVELOPER jn obtaining any off-site easements for sanitary ewer and water distribution alo D��' obWning
' __n$�-_ � Deleted:Us
Route 47,and all other right of ways.
The CITY acknowledges that in order to provide the SUBJECT PROPERTY and
adjacent developments with potable water service and sanitary service a sixty (60) foot wide
easement through the properties located along Route 47 just north of the SUBJECT PROPERTY
is necessary. Said parcels are currently owned by Dhuse Family Farms, L.P., and Gerald and
Diane Johnson. In consideration of DEVELOPER obtaining easements for potable water, and
sanitary sewer pipes through the Dhuse Family Farms L.P., parcel, and the Gerald and Diane
Johnson Parcel the CITY agrees that no CITY annexation fees will be applicable to any portion
(Formatted:Font:Not BDId,Not—'
of either the Dhuse Family Farms L.P.,Parcel or the Gerald and Diane Johnson Parcel. , italic
the event the DEVELOPER and/or CITY can not obtain the necessary_off-site_- Waited: -
easements for the extension of watermains and sanitary sewer, or is unable to provide potable
water or sanitary sewer service to the SUBJECT PROPERTY for any reason the OWNERS and
DEVELOPER shall be allowed to build and operate a self contained water system and/or
sanitary sewer system for the SUBJECT PROPERTY until such time that the CITY is able to
obtain the said easements,and provide service to the SUBJECT PROPERTY.
DEVELOPER fiuther agrees to prepay all water tap on fees of three thousand seven
hundred dollars($3,700.00) per unit at the time of recording of the final plat of subdivision, so
that the CITY will have the funds necessary to construct facilities necessary to supply potable
water to the SUBJECT PROPERTY. The CITY agrees to refund all water tap on fees of three
thousand seven hundred dollars ($3,700.00) per unit paid by any and all builders on the
SUBJECT PROPERTY at the time of building permit to the DEVELOPER to reimburse the
DEVELOPER for said advancement.
The CITY hereby agrees to provide potable water to the SUBJECT PROPERTY by
March 15,2007.
Any fire hydrants that are not in service within 30 days of installation shall be marked or
bagged by the OWNERS and/or DEVELOPER.
11753412 7
Within 30 days of a written request from the CITY, including legal descriptions and
exhibits as necessary, OWNERS and DEVELOPER shall grant permanent and temporary
construction easements as necessary for the construction of CITY utilities and appurtenances
and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY.
Such requests for permanent and temporary easements shall have no impact on any entitlement
previously granted to OWNERS and DEVELOPER by the CITY.
Within 30 days of a written request from the CITY, including legal descriptions and
exhibits as necessary, OWNERS and DEVELOPER shall convey by warranty deed, fee simple
title to future highway or road right of way to the State of Illinois,Kendall County,or the CITY
as necessary, as long as these rights have been previously identified in this Agreement. Such
request for conveyance of right of way shall have no impact on any entitlement previously
granted to OWNERS and DEVELOPER by the CITY.
5. SECURITY INSTRUMENTS.
A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be
deposited, with the CITY such irrevocable letters of credit or surety bonds
("Security Instruments")to guarantee completion and maintenance of the public
improvements to be constructed as a part of the development of each Phase of
Development as are required by applicable ordinances of the CITY. The
DEVELOPER shall have the sole discretion, subject to compliance with Illinois
Compiled Statutes,as to whether an irrevocable letter of credit or surety bond will
be used as the Security Instruments. The amount and duration of each Security
Instrument shall be as required by applicable ordinances of the CITY. The City
Council upon recommendation by the City Engineer, may from time to time
approve a reduction or reductions in the Security Instruments by an amount not in
excess of eighty five percent(85%)of the value certified by the City Engineer of
the completed work, so long as the balance remaining in the Security Instruments
1175742 8
is at least equal to one hundred ten percent(110%) of the cost to complete the
remaining public improvements for the applicable Phase of Development
Deleted:Perimeter roadways and onsite
improvements may be dedicated,
conswcted,and/or bonded as
B. Acceptance of Underground Immovements and Streets. The CITY, once it bas independent Phases of Developmrn[az
the sole discretion of the DEVELOPER. ¶
had the opportunity to inspect and fully confirm that the public improvements
required to be constructed under this Agreement comply with CITY approved
plans, specifications,and ordinances, shall approve all such public improvements,
all in accordance with Paragraph 5G below, and shall accept their dedication in
accordance with CITY ordinances subject to the OWNERS'S and
DEVELOPER'S warranty, as described herein, and shall thereafter operate,
maintain, repair, and replace all such public improvements located therein.
OWNERS and DEVELOPER warrant that all public improvements required to be
constructed by them hereunder shall be free from defects in workmanship or
material for a period of one(1)year after acceptance thereof by the CITY. Upon
notice from CITY, OWNERS and DEVELOPER shall promptly commence to
remedy any defects covered by the foregoing warranties, and in addition thereto,
Deleted:fheOWNER'S and
in the event that any construction or build-out activity within any Phase_of the DEVELOPER's eonsboction of my
development of the SUBJECT PROPERTY is determined to have damaged any
public improvements previously installed by OWNERS and DEVELOPER within
the SUBJECT PROPERTY,then,upon notice thereof from the CITY,OWNERS
and DEVELOPER shall promptly commence to repair or replace any and all
public improvements so damaged.
C. Reduction of Surety Within thirty(30) calendar days after(a) receipt of
notice from the OWNERS and DEVELOPER that certain of the public
improvements and facilities within a phase of the SUBJECT PROPERTY under
development have been completed, and (b) delivery to the City of all required
documentation (including without limitation material certifications), the City
Engineer shall inspect said improvements and indicate, in writing, either his
approval or disapproval of the same. If such improvements are not approved,the
1175742 9
reasons therefore shall,within said thirty(30) calendar day period,be set forth in
a written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and
DEVELOPERS correction of the original punch list items set forth in said notice,
the City Engineer,at the OWNER'S and DEVELOPER'S request, shall re-inspect
the improvements to be corrected and either approve or disapprove said
improvements, in writing within thirty (30) calendar days_of receipt of_the_, oeJeted:w°`�°s
OWNERS and DEVELOPER'S notice requesting said re-inspection. As public
improvements are partially completed and paid for by the OWNERS and
DEVELOPER and accepted by the CITY the Security Instruments deposited by
the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS
and DEVELOPER, may be proportionately reduced or released on an individual
improvement-by-improvement basis. Notwithstanding anything herein to the
contrary,the MY shall have no obligation to reduce or release the last ten(10%)
of any Security Instrument provided hereunder until all warranty obligations of
OWNERS and DEVELOPER secured thereby have lapsed.
D. Construction of Offsite and Onsite Improvements OWNERS shall be
allowed to construct the required off site and onsite improvements
simultaneously with the issuance of building permits for individual lots and/or
buildings, but it is understood that building permits may not be issued unless
OWNERS and DEVELOPER have provided adequate road access (i.e. gravel
course or paved roads) to the lots for emergency vehicles and has provided
sufficient water supplies for fire fighting purposes. Construction of public
sidewalks and installation of trees along the streets in the SUBJECT
PROPERTY are the obligation of the individual lot owners.,_Furthermore the_, Deleted:n°�nuaa�
CITY'S acceptance of OWNERS and DEVELOPER'S public improvements will
not be delayed pending completion of sidewalks and installation of trees along
the streets within the SUBJECT PROPERTY which are the responsibility of the
individual home builders. All other offsite and onsite improvements (except
final lift of bituminous asphalt surface on roads if weather, labor strikes, plant
11753MZ 10
closings or any other condition or circumstance beyond OWNERS and
DEVELOPER'S control prevents installation of such sidewalks and/or
landscaping), serving any said lot or building shall be installed by OWNER and
DEVELOPER and approved by the CITY,however,before an occupancy permit
is issued for said lot or building, the balance of the required onsite subdivision
improvements not required to serve said lot or building may be constructed in
phases after issuance of the aforesaid occupancy permit, as the development on
each phase progresses.
E. Conveyance to CITY All completed public improvements constructed on,or in
connection with the development of the SUBJECT PROPERTY or any Parcel or
Phase thereof following their inspection and approval by the CITY shall be
conveyed by a bill of sale to,and accepted by,the CITY on an improvement by
improvement basis within thirty(30) days or within forty-five(45) days if on a
committee agenda, of receipt of written request for acceptance submitted to the
CITY by the OWNER and DEVELOPER, or scheduled for consideration and
acceptance within forty-five (45) days. The CITY'S acceptance of any
conveyance of a public improvement shall not be unreasonably withheld or
delayed and shall be on a Phase or Unit by Unit basis (i.e. acceptance of public
improvements in a particular Phase or Unit of development of the SUBJECT
PROPERTY shall not be contingent upon acceptance of public improvements in
another Phase or Unit of development,provided the public improvements being
accepted can function and perform their intended purpose independent of the
public improvements in another Phase or Unit of development, or if dependent
on the public improvements in another Phase or Unit of development,the public
improvements in such other Phase or Unit of development have been accepted Deleted:Fadhermore,'1,6'of
P public aidewalks and installation of trees
along the streets within the SUB=
by the CITY). v____ _ PROPERTY are the obligation of the
individual home builders,and the
F. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to CrrY'S acceptance of OWNERS and
DEVELOPER'S public improvem®ta
authorize the commencement of construction of utility improvements on the will not be delayed Pending completion
of sidewalks and installation of trees
SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i)approval of a aROPSn�within the SUBJECT
117534a 11
final plat of subdivision; (ii) prior to construction of the CITY utility
improvements provided: (1)such construction is undertaken at the risk of a party
seeking to undertake such work; (2) approved engineering plans for such
improvements have been approved by the CITY that are sufficient in detail for
the CITY to determine the nature and scope of the improvements being
constructed: (3) the preliminary subdivision plat for the Phase upon which the
improvements are being constructed has been approved by the CITY;and(4)the
IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued
permits for the construction of sanitary sewer and water lines for the Phase or
Unit on which the improvements are being constructed. The CITY agrees to
process IEPA sewer and water permit applications separate and apart from the
review of final engineering plans so that the IEPA will be in a position to issue
such permits prior to CITY approval of final engineering plans. OWNER and
DEVELOPER shall indemnify the CITY against any claims, actions or losses
the CITY may suffer, sustain or incur because other governmental agency takes
action against the CITY after OWNER and DEVELOPER undertakes
development activities pursuant to the provisions of this Subsection 5.
G. Transfer and Substitution Upon the sale or transfer of any portion of the
SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the
obligations secured by its Security Instruments for public improvements upon the
submittal and acceptance by the CITY of a substitute Security Instrument
approved by the CITY,securing the costs of the improvements set forth therein.
" Deleted:Builder Impmvements
H r __ _ _ _ ________ _ _ ___ ____ Con urronon of public sidewalks and the
planting of trees along the street in the
development are the obligation of the
individualhome Builders. The
6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Dmelopea will nor be obligated to depoait
with the City any Security Instrurnevt for
Upon completion of other public improvements not constructed specific to any individual the aforementioned improvements.
neighborhood(i.e.park areas,offsite utilities,homeowners association open space areas) in each
Phase or Unit of Development; and approval by the City Council upon recommendation by the
117534/2 12
City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate
reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY
INSTRUMENT remaining in place for a one year period from the date of approval by the CITY.
7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes
of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for period of five 5 ears from the Deleted:`� te)
PPY P P ( �Y_______ - -._
al or °deted:°fM Ag...t.
date of issuance of the first single family building permit,_Any amendments,_repe_-,
additional regulations,which are subsequently enacted by the CITY, shall not be applied to the
development of the SUBJECT PROPERTY except upon the written consent of OWNERS and
DEVELOPER during aid eight five 5 period._ The CITY shall give the OWNERS and_,-' Deleted:(8)
g gh O .F---- ----- ----g -- -
DEVELOPER a six(6)month grace period from the date they are notified of any changes to the
ordinances, regulations, and codes of the CITY in order to comply with the new regulations.
After said five 5 year eriod,the SUBJECT PROPERTY and its development will be subject_, Deleted.dsh'(s)
O yP_
to all ordinances, regulations, and codes of the CITY in existence on or adopted after the
expiration of said five 5 ear dod, provided, however, that the application of any such_,' oe�eted.`s tte)
ordinance,regulation or code shall not result in a reduction in the number of residential building
lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance
variations provided for herein,nor result in any subdivided lot or structure constructed within the
SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY.
The foregoing to the contrary notwithstanding, in the event the CITY is required to modify,
amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY
pursuant to the express and specific mandate of any superior governmental authority, such
ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by
DEVELOPER,provided,however,that any so called"grandfather"provision contained in such
superior governmental mandate which would serve to exempt or delay implementation against
the SUBJECT PROPERTY shall be given full force and effect.
If, during the term of this Agreement, any existing, amended, modified or new
1175342 13
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of Deleted:use buildingcodes for the
CITY in effect as of the data of this
any improvements,buildings, appurtenances, or any other development of any kind or character Agreement are a am forth in Exhibit"I".
These regulations as they presently exist,
' ex apt a arranded,varies,or modified
upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, , by the terms offids Ageement,sholl
apply to the SUBJECT PROPERTY and
are amended or modified to impose less restrictive requirements on development or construction its development for a period of eve(5)
years from the date of issuance of the fast
upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive singlefamilybuildingpermit. Any
amendments,repeal,or additional
requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the regulations,which are subsequently
enacted by the CITY,shall not be applied
th SUB ECT
contrary contained herein notwithstanding, the OWNERS and DEVELOPER may Proceed with Pm AhOdelopment of m
consent ofO WNERS and DEVELOP
ER
development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive . during said five(5)year period. After
said five(5)year period,the SUBJECT
amendment or modification applicable generally to all properties within the CITY. PROPERTY and its development will be
i subject to all ordinances,regulations,and
codes of the CITY in existence on or
adopted after the expiration of said five
S. BUILDING CODE. The CITY has adopted the International Building Code, f5duringthetr
P $ If,during the term of this Agreement,any
existing,amended,modified or new
which is updated approximately every three years. The building codes for the CITY in affect as ordinances,codes or regulations affecting
the development and/or construction of
of the date of building permit application will govern any and all construction activity within the any improvements,buildings,
i
appurtenances upon the SUBJECT
SUBJECT PROPERTY. PROPERTY am amended or modified to
____ ____ _ _ _ __ ____ _____ ______ ____ _ ______________! impose less restrictive requirements on
development or contraction upon
properties situated within the CITY'S
boundaries,then the benefit of such less
9. FEES AND CHARGES. During the first five (5) years following the date of restrictive reparemence shall inure to the
bmefit of the OWNERS and
issuance of the first single family building permiti the CITY shall impose upon and collect from DEVELOPER,and anything to the
-- -- mnhury contained head.
the OWNERS and/or DEVELOPER, and their respective contractors e o_ __ e m tt liense, ' notwithstanding,the OWNERS end
n
DEVELOPER may proceed with
to on and connection fees and charges,and in such amount or at such rate as are in effect on the development Ocontraction upon the
p $ e SUBJECT PROPERTY pursuant to the
i' less restrictive amendment or
date of this Agreement and as is generally applied throughout the CITY, except as otherwise modification applicable generally to all
properties within the CITY.¶
expressly provided for in this agreement on the Fee Schedule attached hereto and made a part Notwithstanding the provisions of this
Agree cem,all national amendments,
hereof as Exhibit "W'. At the expiration of this five year term, the CITY shall give the co et oust addition ai he building
codes of the a CITY pertaining to
OWNERS and DEVELOPER a six 6 month ace Period from the date the are notified of an iifelsafety considerations adopted after
O Q' p _____ _____y____________Y, ,� the date of Agreement which affects
all land within the CITY,shall be
changes to the permit, license, tap on and connection fees and charges in order to comply with applicable to the SUBJECT PROPERTY
upon the expiation ofthe evelah(12e)
the new Iegulations. �i i month following the effective date of
such®endments,deletion,or addition,
whether during the five(5) years.ext
following the date of this Agmement,or
10. CONTRHiUTIONS. The City shall not require the OWNERS and the O�ns�DEVawPER�rove
(6)month grace period from the ... t
DEVELOPER to donate any land or money to the CITY, or any other governmental body, Deleted: issuancaofthefast single
except as otherwise expressly provided in this Agreement. Bare ly bu ld ng pemil
Deleted:and suppliers
Deleted:one(1)year
11753412 14
11. PUBLIC W RKS DEPARTMENT FACILITY. The DEVELOPER has Formatted:Font:sold,underline
- ---- -- -- ------ - Formatted:Undedine
agreed to designate 7.78 acres of the SUBJECT PROPERTY for use as a CITY Public Works
Department Facility. The DEVELOPER and the CITY will negotiate in food faith the location
of this area during the preliminary plan review stage. The DEVELOPER shall provide the CITY
title insurance demonstrating clear title to said 7.78 acre parcel. The CITY farther agrees to
allow DEVELOPER to place a potable water well, lines, storage stand-pipe, and a water
treatment facility on the 7.78 acre area which will be designated for a Public Works Department
Facility. At the time of conveyance the CITY and DEVELOPER will enter into a development
agreement which will address the conveyance of the 7.78 acre parcel, and include at least the
following terms. 1. The CITY will pay the DEVELOPER one million dollars ($1,000,000.00)
for the 7.78 acre parcel of land for the Public Works Department Facility.. 2. The one million
dollar ($1,000,000.00) payment by CITY to DEVELOPER shall be paid by refunding to
DEVELOPER all Municipal Building Development Impact Fees of five thousand and nine
dollars ($5,009.00) per unit paid by any and all builders of lots within the SUBJECT
PROPERTY. 3. Interest in the amount of%percent over prime shall begin accumulating upon
conveyance of the 7.78 acre parcel to the CITY. 4. The CITY shall install at it's own expense
an eight(8)foot fence and landscape buffer along the southern property line of the Public Works
Department Facility to adequately buffer the residential property to the south. 5. The CITY
agrees that there will be no access to the Pubic Works Department Facility from any internal
road within the SUBJECT PROPERTY. The only access to the Public Works Department
Facility shall be located off of Penman Road and/or Ament Road.
12,__ SCHOOL AND PARK DONATIONS._OWNERS_and DEVELOPER shall be_, DWG't
responsible for making the contributions outlined in Exhibit "J" and Exhibit "Jl" to the
Yorkville Community School District #115 ("School District"), the City of Yorkville Park
Department("Park Department") and the CITY for the estimated impact and donation that is
projected to be experienced by said entities as a result of the development of the SUBJECT
PROPERTY in the manner provided for under this Agreement.
The CITY and PARK DEPARTMENT acknowledge that OWNERS and DEVELOPER
will be providing open space and an extensive trail system through the SUBJECT PROPERTY
117534/2 15
as depicted in Exhibit "D". Therefore the CITY will grant a credit to the OWNERS and
DEVELOPER for the open space and trail system against the required CITY land/cash ordinance
a credit of 26.0 acres.
13, PROJECT SIGNS. Following the date of this Agreement and through the date - Deleted:z
of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and
DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision
identification, marketing and location signs at such locations within the corporate limits of the
CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and
collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY.
Mite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be
responsible, at its expense, for obtaining all necessary and appropriate legal rights for the
construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject
to approval by the CITY. In addition to the Mite Signs,DEVELOPER shall be permitted to
construct,maintain and utilize signage offsite and upon the SUBJECT PROPERTY as identified
- Deleted:¶
in Exhibit"M" attached hereto. .
J4.4 MODEL HOMES PRODUCTION UNYPS. SALES TRAILERS AND CLUBHOUSE.': D� '9
Formatted:Bullets and Numbering
During the development and build out period of the SUBJECT PROPERTY(subsequent to final
plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS
and DEVELOPER may authorize, may construct, operate and maintain model homes and sales
trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPERS,or such
other persons or entities, sales and construction staff, and may be utilized for sales and
construction offices for Heartland Crossing. The number of such model homes and sales trailers
and the locations thereof shall be as from time to time determined or authorized by OWNERS
and DEVELOPER.
No off-street parking shall be required for individual model homes or sales trailers that
are not part of a model home row other than the driveway for such model home/sales trailer
capable of parking three(3) cars outside of the adjacent road right-of-way. Building permits for
model homes, sales trailers and for up to fifteen (15) production dwelling units for each
117534/2 16
neighborhood unit , shall be issued by the CITY upon proper application thereof prior to the
installation of public improvements (provided a gravel access road is provided for emergency
vehicles and upon roof to the CITY the OWNERS and DEVELOPERS have demonstrated}o hold Deleted:
ha dflomku Sinn ofe empumq
p p r_�-' hold harmless letter
the CITY and the Bristol-Kendall Fire Protection District fire hydrants within three-hundred
(300)feet of the dwelling unit are operational.)A final inspection shall be conducted prior to the
use of a model home and water shall be made available within 300' of the model home. There
shall be no occupation or use of any model homes or production dwelling units until the binder
course of asphalt is on the street,and no occupation or use of any production dwelling units until
the water system and sanitary sewer system needed to service such dwelling unit are installed
and operational.
OWNERS and DEVELOPER may locate temporary sales and construction trailers upon
the SUBJECT PROPERTY during the development and build out of said property, provided
any such sales trailer shall be removed within two (2) weeks following issuance of the final
occupancy permit for the SUBJECT PROPERTY. A permit will be required by the CITY for
any trailer that will be utilized as office space. Prior to construction of the sales trailer the
OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping
and elevations for the City's approval.
DEVELOPER shall be allowed to construct and maintain a clubhouse on the SUBJECT
PROPERTY, The Clubhouse shall be located north of Wheeler Road and east of Route 47
within the SUBJECT PROPERTY. See Exhibit'W'for permitted uses within the Clubhouse.
OWNERS and DEVELOPER hereby agree to indemnify,defend and hold harmless the
CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities,
costs and expenses incurred by or brought against all or any of the Indemnities as a direct and
proximate result of the construction of any model homes or production dwelling units prior to
the installation of the public street and water improvements required to service such dwelling
unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same
manner for additional model homes and for initial production dwelling units in each
117534/2 17
neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved
by the CITY. The foregoing indemnification provision shall,in such case,apply for the benefit
of Indemnities for each neighborhood.
1!, CONTRACTORS MA&E_RS The CITY agrees that from and after the date,- Deleted.4
of execution of this Agreement,contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the
SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT
PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as
office space. All contractor's trailers and supply trailers shall be kept in good working order
and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will
be located within dedicated right-of-way.
16,__ OVERSIZING OFIMPROVEMENTS. Deleted.5
A. Reimbursement by the CITY. In the event the CITY requests the DEVELOPER
to construct a CITY improvement beyond that needed for the proposed development or other
public improvement, including oversizing and or deepening of such improvements, which will
serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then
DEVELOPER shall be entitled to be reimbursed all associated costs including engineering costs
and shall be paid a six percent(6%)general contracting fee in addition to the cost of purchasing
and installing the requested improvements. Such improvements which qualify as oversized and
or deepened shall be identified at the time of approval of Final Engineering for each phase of
development.
DEVELOPER anticipates engineering and constructing a temporary lift station as well
as a eight (8) to fourteen (14) inch force main to provide sanitary sewer service to the
SUBJECT PROPERTY. If the Yorkville-Bristol Sanitary District or the CITY utilizes either
the lift station and/or the force main it it's construction of permanent sanitary sewer service
facilities to serve the SUBJECT PROPERTY or adjacent properties than the CITY shall
117534/2 18
reimburse the DEVELOPER for the cost of engineering and constructing said lift station and/or
force main.
If during the operation of the DEVELOPERS temporary force main and/or lift station
any adjacent property owner chooses to utilize said lift station and/or force main the
DEVELOPER shall be allowed to charge the adjacent property owner for access to
DEVELOPERS sanitary sewer facilities. The fee, interest, and time of payment shall be
calculated solely at DEVELOPER'S discretion.
If the CITY does not extend the water main along Route 47, and the DEVELOPER
undertakes the extension of the water main along Route 47 to serve the SUBJECT PROPERTY
with potable water, then the CITY agrees to reimburse DEVELOPER for all costs incurred in
extending the water main along Route 47, including but not limited to engineering, design,
construction costs,and six(6)percent interest. .
17, LIMITATIONS. In no event, including without limitation, the exercise of the , Deleted'6
authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed.,
shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public
purposes,except as otherwise provided in this Agreement or identified on the Preliminary PUD
plan and preliminary plat.
-- _ , Deleted:7
COVENANTS.The OWNERS and DEVELOPER-agree-to-adhere to any city- ,-'
wide architectural control ordinances that are in place at the time of final platting for each phase
Deleted:In lieu of my mchiwch.sl
of development. �n_addition to-architectural control_ordinances_ adopted by the-CITY_the , control.,dinu ..duptedbythacn'Y,
Deleted:t
OWNERS and DEVELOPER may impose covenants, conditions and restrictions relating to _ Deleted:agxm
tructures and other building-restrictions-at the time of final plat submittal for each unit.Further, -- Deleted:fagade o almi k acce amy
OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding
the exterior elevations of the buildings such that no single-family detached homes with the same
building elevations can be constructed next to,across the street,or catty-comer from another like
building elevation.
117534/2 19
The OWNERS and DEVELOPER shall include provisions in the covenants to
provide that a Homeowners Association shall be responsible for the maintenance of landscaping
within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY,
and other obligations as determined at the time of final platting and as referenced in Section 19
of this agreement.
191_ _ HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE_- Ueleted:8
AREA(DSSA)
A. Homeowners Association. OWNERS and DEVELOPER shall establish
through a declaration of covenants, conditions and restrictions, a Homeowners Association
("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory
membership of all lot owners in the Association. The Association shall have the primary
responsibility and duty to cant' out and pay for the Common Facilities Maintenance through
assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance
easement shall be established over all of the Common Facilities located on the Final Plat for each
Phase of Development for the Association that undertakes responsibility for the Common
Facilities Maintenance. The Association will be responsible for the regular care, maintenance,
renewal and replacement of the Common Facilities including+storm water detention areas, trail_- u`l`te&sto ""
system, 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,and shall utilize the Association to provide sufficient funds to defray the
costs of such maintenance and to establish reserve funds for future repairs and replacements.
B. Business Service District Association. A separate association may be
established for the business zoned parcels..
117534/2 20
C. Dormant SDecial Service Area. OWNERS and DEVELOPER agree to the
CITY enacting at the time of final plat approvals a Dormant Special Service Area(DSSA)to act
as a back up in the event that the Homeowner's Association fails to maintain the private common
areas, detention ponds, trail system, landscaping features, and entrance signage within the
SUBJECT PROPERTY.
20,__ ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the_- Deli'19
development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any
existing utility easements and/or underground lines require relocation to facilitate the completion
of DEVELOPER'S obligation for the SUBJECT PROPERTY in accordance with the
Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in
causing the vacation and relocation of such existing easements and/or utilities,however,all costs
incurred in furtherance thereof shall be home by the OWNERS and DEVELOPER. If any
easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is
subsequently determined to be in error or located in a manner inconsistent with the intended
development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this
Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and
relocating such easement and utility facilities located therein, which costs shall be home by
OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to
any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and
relocation of any such easement and the public utilities located therein unless the relocation
involves overhead utilities. If the CITY requires, _existing overhead utilities,be relocated or - tx�etm.u
r_an y g Deleted:are required to
buried on perimeter roads,the_CITY agrees to be the lead agency-in-the relocation of those-___- � ; ma creme rosaon m sry nr
the OWNERS and DEVE[APER r
utilities. Upon OWNER and DEVELOPER'S request,the CITY will make the request to have
overhead utilities relocated. In the event there is a cost to the OWNERS and DEVELOPER
associated with burying what had been overhead utility lines,the OWNERS and DEVELOPER
shall have the tight to make the determination as to whether the utility lines will be buried or re-
located overhead.
117534/2 21
24_ DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT_, Dd�'a
PROPERTY as a subdivision to be commonly known as the Heartland Crossing Subdivision in
accordance with the Final Plat and Final Engineering approved by the CITY in accordance with
the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property,
petition to disconnect any portion or all of said property from the CITY or from any service
provided by the CITY.
22,_ IRRIGATION WELLS. CITY shall grant OWNERS -a d DEVELOPER_--' Deleted:I
permission to utilize three irrigation wells on the SUBJECT PROPERTY. The three irrigation
wells shall be used by the OWNERS and DEVELPER to irrigate detention areas, landscaping,
and landscape/water features which will be located on the SUBJECT PROPERTY.
2 CONFLICT IN REGULATIONS._ The_ rovisions_of this Agreement shall—. - Deli'2
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
RIGHT TO FARM. DEVELOPER agrees to include a Kendall Coun `R2 t_ Deleted:3
----------- tY` Phi
to Farm Statement"on each Final Plat of Subdivision as shown in Exhibit'N".
25,_ ROADWAY IMPROVEMENTS. The CITY required roadway improvements_, Deleted:4
and cost estimates are as depicted in Exhibit'V'. It is agreed upon by the parties that the CITY
will pay sixty (60) nercent of any and all costs associated with the engineering, design, and
construction of the nronosed Wheeler Road which will be built by DEVELOPER and will serve
off-site property.
Furthermore it is acknowledged by the CITY and DEVELOPER that DEVELOPER will
rormatted:rodent:First line: o^
contribute two thousand dollars($2,000.00)per unit as required under the CITY road impact fee
ordinance. All fees paid under the CITY road impact fee ordinance will be used toward a road
Deleted:fo,perimete .dwey
fund to improve roads located on the perimeter of the SUBJECT PROPERTY,which the CTTY - j„ipmMents,
has indicated a desire to upgrade to better serve existing and future traffic generated by off-site Petered:not w u m he SUBJECT
PROPERTY
development. The aforementioned contribution shall be collected by the CITY at the time of
117534/2 22
issuance of each individual building permit, and will be deposited into an account at the
discretion of the CITY to be used solely to reimburse DEVELOPER for the costs of improving
the perimeter roadways at the SUBJECT PROPERTY,including those described in Exhibit"D".
After the perimeter roadway improvements have been completed any surplus fees collected by
the CITY from the DEVELOPER which were in excess of that needed to complete the roadway
Deleted:aforementioned perimeter
improvements described in Exhibit"D';shall be used-to-signalize and improve the Route 47 and_, roadway improvements
Wheeler Road and Route 47 and Ament Road intersections. No further contribution shall be_, Deleted:Furthermore CIT
herore the Y agrees
-- to pay sixty(60)pemeot of any and all
required of the DEVELOPER for present or future roadway improvements. i`R ad �s°"a"dw v
25. TRANSFER. DEVELOPER may assign this Agreement without CITY
approval,but only in connection with its conveyance of all or any part of the SUBJECT
PROPERTY,and upon said assignment and acceptance by an assignee,the DEVELOPER shall
have no further obligations hereunder as to,thatportion of the SUBJECT PROPERTY so __ _ _ _ _ D� ' s`
conveyed,but shall continue to be bound by this Agreement and shall retain the obligations
created thereby with respect to any portion of the SUBJECT PROPERTY retained and not
conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the
seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may
have under this Agreement(excluding rights of recapture)which affect the portion of the
SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further
obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so
conveyed,but any such seller shall retain any rights and obligations it may have under this
Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by
such seller. Notwithstanding any such assignment of this Agreement or any such sale or
conveyance,unless the successor to or assignee of the DEVELOPER of all or a portion of the
SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the
construction,repair and maintenance of roadway or other public improvements with the CITY,
the DEVELOPER or other seller though otherwise released from all obligations hereunder,shall
keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the
ComnieiiTr `"�
successor to or assignee of the DEVELOPER has provided a substitute letter of credit. ____ __
117534/2 23
26. GENERAL PROVISIONS
A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an appropriate
action at law or in equity to secure the performance of the covenants and
agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and
interest, and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon each and every subsequent grantee and
successor in interest of the OWNERS and DEVELOPER, and the CITY. The
foregoing to the contrary notwithstanding,the obligations and duties of OWNERS
and DEVELOPER hereunder shall not be deemed transferred to or assumed by
any purchaser of an empty lot or a lot improved with a dwelling unit who acquires
the same for residential occupation, unless otherwise expressly agreed in writing
by such purchaser.
C. This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, regarding the subject matter hereof shall be
deemed to exist to bind the parties. The parties acknowledge and agree that the
terms and conditions of this Agreement, including the payment of any fees, have
been reached through a process of good faith negotiation,both by principals and
through counsel, and represent terms and conditions that are deemed by the
parties to be fair, reasonable, acceptable and contractually binding upon each of
them.
1175342 24
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in
writing and shall be deemed effectively given on the date of confirmed
telefacsimile transmission, on the date delivered personally or on the second
business day following the date sent by certified or registered mail,return receipt
requested,postage prepaid,addressed as follows:
(I) If to OWNERS DBRNC Partnership L.P.
9330 Ament Rd.
Yorkville,IL.60560
Fax: (630)553-2134
John Robert Ament&Steven L Ament
Trustees under the Louse Marie Trust
9075 Penman Rd.
Yorkville,IL.60560
Phone: (630)553-7731
Oakbrook Bank Trust#3405
1400 W. Sixteenth St.
Oakbrook,IL.60521
Christopher Gabel
630 Forest Ave.
Elgin,IL. 60120
Phone: (630)669-5698
Robert L&Lori L.Murst
9166 Penman Rd.
Yorkville.IL.60560
(11) If to Richard Marker Associates Inc
DEVELOPER: 654 Heartland Dr.
Yorkville,IL.60560
Fax:(630)553-5736
with copies to: John Philipchuck
Dommermuth,Brestal,Cobine&West Ltd
123 Water St.
Naperville,IL 60566
Fax:(630)355-5976
117534/2 25
(III) If to CITY: United City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville,E 60560
Fax: (630)553-7575
with a copy to: John Wyeth Esq.
800 Game Farm Rd.
Yorkville,Il 60560
Fax: (630)553-7575
or to such other persons and/or addresses as any party may from time to time
designate in a written notice to the other parties.
E. Severabili tv This Agreement is entered into pursuant to the provisions of the
Agreements With Owners of Record Act of the Illinois Municipal Code(65 ILCS
5/11-15.1-1, et seq.) In the event any part or portion of this Agreement, or any
provision, clause,word,or designation of this Agreement is held to be invalid by
any court of competent jurisdiction,said part,portion,clause,word or designation
of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not effect such portion or portions of this Agreement as
remain. In addition, the CITY and OWNERS and DEVELOPER shall take all
action necessary or required to fulfill the intent of this Agreement as to the use
and development of the SUBJECT PROPERTY.
F. Agreement This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties,pursuant to
applicable provisions of the City Code and Illinois Compiled Statutes This
Agreement may be amended by the CITY and the owner of record of a portion of
the SUBJECT PROPERTY as to provisions applying exclusively thereto,without
the consent of the owner of other portions of the SUBJECT PROPERTY not
effected by such Agreement.
1175342 26
G. Conveyances Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any
portion of the SUBJECT PROPERTY,whether improved or unimproved.
H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their
successors or assigns, to develop the SUBJECT PROPERTY in accordance with the
provisions of this Agreement,provided said ordinances or resolutions are not contrary
to law. The CITY agrees to authorize the Mayor and City Clerk to execute this
Agreement or to correct any technical defects which may arise after the execution of
this Agreement.
I. Term of Agreement. The term of this Agreement shall be twenty (20)years. In
the event construction is commenced within said twenty-year period all of the
terms of this Agreement shall remain enforceable despite said time limitation,
unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
J. CWtions and Paragraph Headines. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
K. Recordin Record' This Agreement shall be recorded in the Office of the Recorder of
Deeds,Kendall County,Illinois,at OWNERS and DEVELOPER'S expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
11753412 27
M. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original,but all of which together shall constitute one and the
same document.
N. No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for within any approved phase due to any CITY
imposed moratorium and shall in no event unreasonably withhold approval of said
permits or approval for the Final Plat of any Phase of the Subject Property.
Nothing contained herein shall affect any limitations imposed as to sanitary sewer
or water main extensions by the Illinois Environmental Protection Agency,
Yorkville-Bristol Sanitary District, or any other governmental agency that
preempts the authority of the United City of Yorkville.
O. Allocation of Building Permits The CITY,due to possible lack of sanitary sewer
plant capacity, agrees not to allocate it's annually allotted building permits in any
manner that would be detrimental to the SUBJECT PROPERTY, nor shall the
CITY reserve any number of building permits for any other development if such
reservation would result in an insufficient amount of building permits being
available to the SUBJECT PROPERTY.
P. Time is of the Essence Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Agreement shall be performed in a timely manner by all parties
hereto.
Q. Exculpation It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY'S obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having jurisdiction over
the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS,
including,but not limited to,county,state or federal regulatory bodies.
117574/2 28
R. Liability of OWNERS. It is expressly understood and agreed by and among the
parties hereto that all responsibility of John Robert Ament and Steven L. Ament
(Trustees under the Louise Marie Ament Testamentary Trust created by will and
dated November 9, 1978), J. Robert Ament and Jack C. Weis (Trustees under the J.
Robert Ament Charitable Remainder Trust dated November 3, 2005), John Robert
Ament and Jack C.Weis(Trustees under the John Robert Ament Living Trust dated
October 19, 2005), Ament I L.L.C., a Wyoming Limited Liability Company,
Oakbrook Bank Trust#3405, Robert L Murst, Lori L. Murst, John R. Ament, Ann
Marie Sassaman, Jean Erna Ingemunson, Christopher Gabel, Kauie Rudd, Jamie
Gabel, and DBRNC, L.P. an Illinois limited partnership shall be extinguished
simultaneously with the transfer of title to the real estate from the OWNERS to the
Purchaser, Richard Marker Associates, Inc., an Illinois Corporation, as Developer
hereunder. Thereafter, the Developer assumes all of the responsibilities and
obligations of the OWNERS under this Agreement. It being understood and agreed,
however, that OWNERS shall also have no obligation to perform the obligations of
the DEVELOPER, unless said OWNERS agree in writing to assume said
obligations.
117534/2 29
IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
CITY: DEVELOPER:
UNITED CITY OF YORKVILLE, RICHARD MARKER ASSOCIATES,Inc.
an Illinois municipal corporation an Illinois corporation
By: By:
Title: Mayor Richard Marker,President
Attest: Attest:
Title: City Clerk Secretary
Dated: Dated:
117574/2 30
OWNERS:
JOHN ROBERT AMENT AND STEVEN
L.AMENT,TRUSTEES UNDER THE
LOUISE MARIE AMENT TESTAMENTARY
TRUST CREATED BY WILL DATED
NOVEMBER 9, 1978
John Robert Ament,Trustee
Dated
Steven L.Ament,Trustee
Dated
11753411 31
J.ROBERT AMENT CHARITABLE
REMAINDER TRUST DATED
NOVEMBER 3,2005
J. Robert Ament,Trustee
Dated
Jack C.Weis,Trustee
Dated
1175342 32
JOHN ROBERT AMENT LIVING
TRUST DATED OCTOBER 19,2005
John Robert Ament,Trustee
Dated
Jack C.Weis Trustee
Dated
13753V2 33
AMENT I,L.L.C.,A WYOMING
LIMITED LIABILITY COMPANY
John Robert Ament,Member
Dated
Jack C.Weis,Member
Dated
117534/2 34
OA%BROO%BAN ,AS TRUSTEE UNDER THE PROVISIONS OFA CERTAIN TRUST
AGREEMENT DATED THE 13TH OF SEPTEMBER,2005,AND ANOWNAS TRUST
#3405
By
(Trustee)
Date;
117534/2 35
ANNE MARIE SASSAMAN
By:
Dated:
❑7534/2 36
JEAN ERNA INGEMUNSON
By:
Dated:
117534/2 37
CHRISTOPHER GABEL
By:
Dated:
1175342 38
KARRTR RUDD
By:
Dated:
117534/2 39
JAMIE GABEL
By:
Dated:
117534/2 40
DBRNC PARTNERSHIP,L.P.,
An Illinois limited partnership
By:
It's General Pa=te,Ross A .t
Dated,
By:
Camtie Ellis At
Dated:
By:
Nan M.Miler
Dated:
117534/2 41
ROBERT L MURST
Owner/Elector
By:
Dated:
LORI L.MURST
Owner/Elector
By:
Dated:
117534/2 42
JOHN ROBERT AMENT
Elector
By:
Dated:
117534/2 43
Page 14:11]Deleted Vince M.Rosanova - 6/8/200612:15 PM.,::
The building codes for the CITY in effect as of the date of this Agreement are as
set forth in Exhibit "I" . These regulations as they presently exist, except as amended,
vaned, or modified by the terms of this Agreement, shall apply to the SUBJECT
PROPERTY and its development for a period of five (5) years from the date of issuance
of the first single family building permit. Any amendments, repeal, or additional
regulations, which are subsequently enacted by the CITY, shall not be applied to the
development of the SUBJECT PROPERTY except upon the written consent of
OWNERS and DEVELOPER during said five (5) year period. After said five (5) year
period, the SUBJECT PROPERTY and its development will be subject to all ordinances,
regulations, and codes of the CITY in existence on or adopted after the expiration of said
five (5)year period.
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the development and/or construction of any
improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended
or modified to impose less restrictive requirements on development or construction upon
properties situated within the CITY'S boundaries, then the benefit of such less restrictive
requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything
to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may
proceed with development or construction upon the SUBJECT PROPERTY pursuant to
the less restrictive amendment or modification applicable generally to all properties
within the CITY.
Notwithstanding the provisions of this Agreement, all national amendments,
deletions, or additions to the building codes of the CITY pertaining to life/safety
considerations adopted after the date of this Agreement which affects all land within the
CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the
twelfth (12`s) month following the effective date of such amendments, deletion, or
addition, whether during the five (5) years next following the date of this Agreement, or
any time thereafter. The CITY shall give the OWNERS and DEVELOPER a six (6)
month grace period from the date they are notified of any changes to the building codes
in order to comply with the new regulations.
Draft Date: 6129105
NOTE FROMAPPLICANT: The following document is a draft only. It will be modified in
discussions with the City's counsel and retained experts, the applicant's counsel and retained
experts and during the hearing and meeting process. Additional or altered terms are likely to
arise inasmuch file nature of the process requires a fluid working document.
ANNEXATION AGREEMENT
BETWEEN
UNITED CITY OF YORKVILLE
AND
BRISTOL RIDGE,LLC
THIS ANNEXATION AGREEMENT ("Agreement") is made and entered into this
day of 2006 between the UNITED CITY OF YORKVILLE, a municipal
corporation, located in the County of Kendall, State of Illinois ("CITY"), and BRISTOL
RIDGE,LLC, as owner and/or developer (OWNER and/or DEVELOPER).
WITNESSETH
WHEREAS, at the time of execution of this Agreement, the OWNER is the record
owner of two parcels of certain real property which are the subject matter of this Agreement.
The first parcel,known as the "Oliver Parcel" is approximately 135 acres, more or less, and is
subject to a pre-annexation agreement with the CITY and is legally described on EXHIBIT "A"
attached hereto and made a part hereof. The second parcel, known as the "Bristol Parcel" is
approximately 55 acres, more or less, and is legally described on EXHIBIT "A" attached hereto
and made apart hereof. Said parcels are located adjacent to Cannonball Trail in Kendall
County, Illinois.
WHEREAS, the OWNER and CITY have after due and careful consideration, concluded
that it would be best to amend and restate the relevant terms and conditions of the pre-annexation
agreement for the Oliver Parcel in this Agreement as the Oliver Parcel and Bristol Parcel are to
1
be developed as one cohesive subdivision. The pre-annexation agreement is attached hereto and
made a part hereof as EXHIBIT `B".
WHEREAS,the two parcels (collectively the "TERRITORY") are comprised of
approximately 190 acres, more or less, and are depicted on the Plat of Annexation attached
hereto and made a part hereof as EXHIBIT "C"; and
WHEREAS, the OWNER and/or DEVELOPER shall develop the TERRITORY with
uses and a design generally consistent with all the criteria contained in this Agreement and in the
Preliminary Plat of Subdivision prepared by Jacob & Hefner, dated March 16, 2006, with a
revision date of May 19, 2006 attached hereto and made a part hereof as EXHIBIT "D" and in
conformance with CITY Ordinances, except as expressly and specifically modified by this
Agreement; and
WHEREAS, the TERRITORY is currently contiguous with the existing corporate limits
of the CITY, and is not within the boundary of any other city or village; and
WHEREAS, the OWNER and CITY, respectively, have complied with all applicable
ordinances and laws of the State of Illinois regarding annexation and development approvals and
all petitions for zoning and development approvals relating to the TERRITORY, all pursuant to
and upon such notices and related procedures as are required by the ordinances of the CITY and
the laws of the State of Illinois; and
WHEREAS, in fulfillment of the aforementioned requirements, the CITY published for
and held a public hearing before the Plan Commission on June 14, 2006, on the Annexing and
Rezoning proposal for the TERRITORY; and
WHEREAS, also in fulfillment of the aforementioned requirements, the CITY published
2
for and held a public hearing before the Mayor and Alderman on July 11, 2006, on the proposed
Annexation Agreement for the TERRITORY.
WHEREAS, the Mayor and Alderman, after due and careful consideration, have
concluded that the execution of this Agreement subject to the terms and provisions of this
Agreement, and the rezoning, subdivision and development of the TERRITORY as provided
herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable
value of the real property within its corporate limits, promote the sound planning and
development of the CITY and will otherwise enhance and promote the general welfare of the
people of the CITY.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, the parties agree to as follows:
1. ANNEXATION. The CITY agrees to restate the relevant portions of the pre-
annexation agreement as set forth herein and immediately annex the TERRITORY into the
corporate limits of the CITY pursuant to the Petition for Annexation.
2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a
period of twenty(20) years. In the event the annexation of the TERRITORY, the classification
of the TERRITORY for zoning purposes or other terms of this Agreement are challenged in any
court proceeding,the period of time during which such litigation is pending, shall extend the
term of this Agreement day-for-day for the date of the filing of such action to and including the
date of any final nonappealable order.
3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has
examined the Plat of Zoning, as hereinafter defined, this Agreement and other submissions and
3
documentations provided or required in connection therewith and find that it is in compliance
with this Agreement.
A. Contemporaneously with the annexation of the TERRITORY, the CITY
shall adopt an ordinance amending the provisions of the Yorkville Zoning Ordinance so as to
provide that the TERRITORY shall be classified into the zoning districts identified on the Plat of
Zoning. Rezoning granted shall be in conformance with the Plat of Zoning attached here to and
made a part hereof as EXHIBIT "E".
B. Further,the CITY agrees to grant those modifications as specified in this
Agreement, Preliminary Plat of Subdivision, and Exhibits made a part hereof.
C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall
be developed in substantial compliance with the ordinances of the CITY, and this Agreement,
together with the Preliminary Plat of Subdivision and Exhibits attached hereto.
D. Interim Uses:
Interim uses set forth below shall be permitted anywhere on the TERRITORY
during the term of this Agreement subject to City Subdivision Control, and/or other applicable
ordinances, policies or regulations:
a. All types of crop farming.
b. Paved Parking lots for models.
C. Stock piling of dirt, so long as the location of said stock piling does
not impact any adjacent residences and/or active farmland crops.
d. Temporary detention.
e. Construction storage and office/sales trailers, as permitted in
Section 16 of this Agreement.
f. Temporary Signs as permitted in Section 15 of this Agreement.
Said interim uses shall be allowed only for activities taking place on the
TERRITORY and not for any other off-site activities not related to the development of the
4
TERRITORY.
E. DEVELOPER shall be allowed to submit final plats for approval in
phases. The CITY shall approve the Final Plat(s) of Subdivision and such final plans so
submitted at any time during the term of this Agreement, subject to the terms and conditions set
forth herein provided that such plat(s) and plans substantially conform with the Preliminary
Subdivision Plans and otherwise meet all the requirements of the CITY'S Municipal Codes,
except as expressly and specifically modified by this Agreement. The CITY shall act upon any
final plat and final engineering or resubmitted final plat and final engineering within sixty (60)
days of its receipt of such final plat, final engineering and all necessary supporting
documentation and information by either; (1) adopting such ordinances as may be required to
approve such final plat and final engineering and cause the CITY to process and execute any
such final plat of subdivision or (2) issuing a letter of denial informing the applicant in writing
and specifying in detail as to what corrections are necessary as a condition to the approval of any
final plat and final engineering quoting the section of the Municipal Code or this Agreement
relied upon by the CITY in its request for corrections.
F. Throughout the term of this Agreement and any extensions thereof, any
setbacks, lot sizes, lot widths, parking ratios, landscaping, and subdivision requirements
incorporated in the Preliminary Subdivision Plan shall remain in effect and shall govern the
development of the TERRITORY.
G. All CITY ordinances, codes, policies and regulations in effective as of the
date of this agreement shall be binding upon OWNER and/or DEVELOPER for a period of ten
(10) years. Thereafter said ordinances, policies and regulations then in effect shall apply,
5
provided however,that the application of any such ordinance, code,policy and regulation shall
not result in a reduction in the number of residential or multi-family building lots herein approved
for the TERRITORY, alter or eliminate any of the ordinance deviations provided for herein,nor
result in any subdivided lot or structure constructed within the TERRITORY being classified as
non-conforming.
H. To the extent of any conflict or inconsistency between the terms or
standards of this Agreement and the terms or standards of the Subdivision and Development
Control Regulations,Zoning Ordinance, Building Code or any other applicable CITY code,
ordinance, rule or regulation,the terms and standards of this Agreement shall control.
1. Nothing contained herein shall prevent the CITY from enforcing Code
modifications or requirements by other governmental bodies having jurisdiction so long as the
enforcement is done consistent throughout the CITY.
J. OWNER and/or DEVELOPER may make minor changes to the
Preliminary Plat of Subdivision subject to the provisions of this paragraph 3(J). All such changes
shall be deemed incorporated into this Agreement. As used herein a change shall NOT be
considered minor if it includes the following:
a. A change in the use or character of the development.
b. An increase of more than five percent (5%) in the overall
coverage of structures.
C. A relocation of any street, curb cut or intersection of more
than twenty-five (25) feet in a manner that would
reasonably be expected to increase the problems of traffic
circulation or public utilities, or that would cause a
significant negative impact upon the buffer or open space
scheme.
d. A reduction of more than five percent (5%) in approved
open space.
e. An increase of more than five percent(5%)in the total---
6
number of dwelling units, inclusive in total, may be
approved by the CITY, without any public hearing, such
approval not to be unreasonably conditioned, delayed or
denied.
4. PUBLIC IMPROVEMENTS AND SURETY BOND.
A. Prior to the commencement of construction for a certain phase of the
development,the OWNER and/or DEVELOPER shall provide the CITY with an irrevocable
letter of credit, contractor's performance bond or surety bond acceptable to the CITY and issued
by an institution approved by the CITY (hereinafter sometimes collectively referred to as
"Surety") in an amount equal to one hundred ten percent(110%) of the CITY approved estimate
of the established costs of the public improvements to be undertaken for said phase to be
developed on the TERRITORY. Any irrevocable letter of credit shall be in a form substantially
as set forth in EXHIBIT "G". The estimate of cost shall be initially prepared by the engineer
for the OWNER and/or DEVELOPER and shall then be submitted to the CITY engineer for
approval, which approval shall not be unreasonably withheld, conditioned or delayed.
B. The Surety shall constitute a guarantee that all the public improvements
required will be constructed by the OWNER and/or DEVELOPER pursuant to this Agreement,
the applicable CITY Ordinances, and the approved final engineering plans and specifications,
and shall be completed within a period of time, not to exceed two (2) years from the Final Plan
and Plat approval for the TERRITORY or any given Phase thereof(any extension of time may
be mutually agreed upon by the OWNER and/or DEVELOPER and the CITY), and that should
the OWNER and/or DEVELOPER fail or default in the completion of such obligation within the
permitted time, then the CITY may, after complying with the terms and conditions of the Surety,
use the Surety to the extent necessary to complete or repair any and all of the improvements
7
secured thereby.
C. The OWNER and/or DEVELOPER shall be relieved of all continuing
responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted
all public improvements required to be constructed with respect to a given lot(s) of the
development of the TERRITORY, all warranty work for such Phase, if any, having been
performed by OWNER and/or DEVELOPER and approved by the CITY, and all warranties of
the OWNER and/or DEVELOPER hereunder have lapsed,provided, however, that as public
improvements are partially completed and paid for by the OWNER and/or DEVELOPER and
accepted by the CITY,the Surety deposited by the OWNER and/or DEVELOPER with the
CITY, if requested by the OWNER and/or DEVELOPER, may be proportionately reduced or
released on an individual improvement-by-improvement basis upon the review and
recommendation of the CITY Engineer. Upon completion of a major portion of the public
improvements required with respect to a given Phase of the development of the TERRITORY,
the Surety shall be reduced by the CITY within sixty (60) days of receiving a recommendation
from the CITY engineer that said Surety be reduced. The reduction of said Surety shall be in an
amount proportional to the work then completed, as reviewed and recommended by the CITY
Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable
duration after the submittal of all documents required for said review. The CITY agrees not to
condition the reduction in the Surety on the construction of any public improvements not
specifically included on the approved final engineering plans for said phase.
Notwithstanding anything herein,the CITY shall be entitled to retain ten percent (10%)
of the Surety as security for the OWNER'S and/or DEVELOPER"S performance of any
8
warranty work required hereunder, and to use said ten percent(10%) to perform such warranty
work in the event that the OWNER and/or DEVELOPER fails to do so. Upon the expiration of
the OWNER'S and/or DEVELOPER'S warranty obligation hereunder, the CITY shall promptly
release any remaining retained amounts under the relevant Surety.
5. UTILITY CAPACITY AND EXTENSIONS.
A. The CITY has determined that the CITY's sanitary sewer transmission
system and Yorkville Bristol Sanitary District's treatment capacity,potable water, fire flow and
water storage have sufficient capacity and the CITY will reserve sufficient capcity to adequately
serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this
Agreement.
B. To the best of the CITY'S and Yorkville Bristol Sanitary District's
knowledge and belief,there is no administrative,judicial, or legislative action pending or being
threatened that would result in a reduction of, or limitation upon any party's right to use the
sanitary sewer and potable water supplies and systems serving the CITY, and the CITY will
notify the OWNER and/or DEVELOPER and use best efforts to promptly take remedial action if
such reduction or limitation is threatened in the future.
6. STORMWATER MANAGEMENT.
A. The OWNER and/or DEVELOPER shall provide for storm water drainage
and the retention/detention thereof upon and from the TERRITORY in substantial conformity
with the Preliminary Engineering, subject to review and approval of Final Engineering for each
Phase subject to the depressional storage volume and the flood plain compensatory volume being
provided in the TERRITORY in retention/detention areas above the TERRITORY storage
9
volumes. OWNER and/or DEVELOPER shall use its best efforts to have all required plantings
within the retention/detention areas established, weather permitting, prior to selling any lots
which abut the retention/detention areas to individual home owners.
7. EXCAVATION. GRADING AND PREPARATION OF TERRITORY. The
CITY agrees to allow the OWNER and/or DEVELOPER prior to final approval to allow mass
earthwork and grading, provided that the CITY has approved mass grading and erosion control
plans for such work,that the OWNERS and/or DEVELOPERS shall comply with all
requirements of the CITY Erosion/Sediment Control Ordinance, and provided further that
OWNERS and/or DEVELOPERS shall post a Surety in the amount of the cost of such work, as
provided by the OWNER'S and/or DEVELOPER'S engineer, subject to the review and approval
of the CITY Engineer, which approval shall not be unreasonably withheld, conditioned or
delayed, with the CITY as security for the completion hereof, and provided that in the event that
OWNERS and/or DEVELOPERS perform or construct any of the public improvements
contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has
approved the final engineering plans therefore,the CITY may exercise such remedies as it deems
necessary to halt such work until such final engineering is approved.
8. RECAPTURE.
A. In the event the OWNER and/or DEVELOPER are required by CITY to
oversize water, sanitary sewer, storm water pipes and/or facilities or construct roadways and
traffic related improvements to serve or benefit other properties, the CITY agrees to enter into a
recapture agreement for said costs including but not limited to engineering,.and reasonable
interest costs as provided by law. Any recapture agreement shall be substantially in the form as
10
attached hereto and made a part hereof as EXHIBIT "H".
9. EASEMENTS AND APPROVALS. In the event that during the development of
the TERRITORY, OWNER and/or DEVELOPER determines that any existing utility easements
and/or lines require relocation to facilitate development of the TERRITORY in accordance with
the Preliminary Plat of Subdivision, the CITY shall fully cooperate with the OWNER and/or
DEVELOPER in causing the vacation and relocation of such existing easements. In the event an
offsite easement is required, and the OWNER and/or DEVELOPER is unable to acquire such
necessary easement the CITY shall exercise its power of eminent domain to acquire the same,
provided OWNER and/or DEVELOPER shall pay the reasonable costs incurred by the CITY as
a result thereof. OWNER and/or DEVELOPER shall place a landscape buffer easement in the
rear yards on the Final Plat covering Lots 131-117. Said landscape buffer easement shall be
planted by the OWNER and/or DEVELOPER but shall be maintained by the individual home
owner for each Lot.
10. CONNECTION TO CITY SERVICES.
A. No users shall be permitted to connect to the sewer and water mains until
the CITY or its designee (at the sole discretion of the City)has inspected and approved all such
lines and the lines have received final regulatory approval from the Illinois Environmental
Protection Agency, if required, and all applicable CITY and/or Yorkville Bristol Sanitary District
fees have been paid.
B. The sole and exclusive purpose of such connections by the OWNER
and/or DEVELOPER shall be to provide sanitary sewer and potable water services to the subject
TERRITORY.
tt
C. The OWNER and/or DEVELOPER shall be responsible for paying to the
CITY its tap-on connection fees pursuant to the applicable CITY Ordinances in effect at the time
of recording of the final plat for each phase of the development,provided the OWNER and/or
DEVELOPER receive written notice of any changes or proposed changes to the fees and that
changes shall not take effect within the TERRITORY for one-hundred-eighty (18 0) days from
the date of any such notice. OWNER and/or DEVELOPER may pre-pay any fee proposed to be
changed which shall freeze said proposed fee increase and not affect the TERRITORY. The tap-
on connection fees shall be paid contemporaneously with the issuance of building permits within
the TERRITORY,unless otherwise agreed to by the CITY.
11. PUBLIC IMPROVEMENTS WARRANTY.
A. The CITY, once it has had the opportunity to inspect and fully confirm the
public improvements required to be constructed under this Agreement comply with CITY
approved plans, specifications and ordinances, shall approve all such public improvements, all in
accordance with Paragraph 10B. below, shall accept their dedication subject to the OWNER'S
and/or DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain,
repair, and replace all such public improvement located therein. OWNER and/or DEVELOPER
warrant that all public improvements required to be constructed by them hereunder shall be free
from defects in workmanship or materials for a period of one (1) year after acceptance thereof by
the CITY. Upon notice from the CITY, OWNER and/or DEVELOPER shall promptly
commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in
the event that the OWNER"S and/or DEVELOPER'S construction of any Phase of th`e-
development in the TERRIORTY is determined to have damaged any public improvements
12
previously installed by the OWNER and/or DEVELOPER within the TERRITOTY,then upon
notice thereof from the CITY, OWNER and/or DEVELOPER shall promptly commence to
repair or replace any and all public improvements so damaged.
B. Infrastructure (public improvements and facilities) shall be accepted by
the CITY according to the CITY Subdivision Control Ordinance.
12. PUBLIC UTILITIES. The installation of the necessary and appropriate on-site
electric, natural gas, cable television, and telephone services to the TERRITORY shall be by
underground installation and pursuant to the requirements of such utility companies or pursuant
to the agreement of the CITY with such entities. The CITY agrees to cooperate with the
OWNER and/or DEVELOPER to permit the extension of all such utilities along existing public
rights-of-way and otherwise allow the extension of all necessary utilities to the TERRITORY,
provided, however,that the CITY'S agreement to cooperate with the OWNER and/or
DEVELOPER to allow the extension of utilities to the TERRITORY shall in no way relieve the
OWNERS and/or DEVELOPER of their obligations to obtain any and all easements and permits
necessary to do so, at their sole cost and expense.
13. RIGHT-OF-WAY DEDICATIONS AND ROADWAY IMPROVEMENTS.
The OWNER and/or DEVELOPER shall dedicate or cause to be dedicated to the
CITY and/or applicable agency, all necessary rights-of-way as shown on the Final Plat of
Subdivision for the TERRITORY.
14. INGRESS AND EGRESS. The CITY hereby agrees to approve the proposed
public right-of-way connections, in which the CITY has jurisdictional control to review and--
approve, for the TERRITORY as shown on the Preliminary Plat of Subdivision attached hereto.
13
The OWNER and/or DEVELOPER acknowledge that any proposed right-of-way connections to
roadways outside the jurisdictional control of the CITY shall be reviewed and approved by said
applicable jurisdiction. Prior to or concurrently with any final plan or final plat review,the
OWNER and/or DEVELOPER shall submit written approval from the applicable jurisdiction for
said right-of-way connections. OWNER and/or DEVELOPER shall provide a temporary
emergency only access over, through and across Lot 132 until a point in time when a second
means of ingress/egress is available to the TERRITORY west of Cannonball Trail. After a
second means of ingress/egress is available to the TERRITORY west of Cannonball Trail the
OWNER and/or DEVELOPER may develop Lot 132 as a single family residence.
15. SIGNAGE. The CITY agrees to allow the following signage to be used in the
development:
A. Permanent Development Entry Sian.
(i) Definition: Main monument sign at entry locations of the subdivision
Preliminary Plat of Subdivision.
(ii) Number: Six (6).
B. Temporary Signs.
(i) Definition: Any sign,banner or advertisement for the development on the
TERRITORY.
(ii) Number: Four(4).
(iii) Maximum Size: Ten feet by ten feet(10' x 10') double sided.
(iv) Removal: Said sign/s shall be removed upon completion of 85%build-out
of the residential lots within the particular phase.
C. Other Sign/s.
(i) Definition: Any flag, balloon or other advertisement device.
(ii) Removal: Said signs shall be removed upon completion of 85%build-out
of the residential lots within the TERRITORY.
D. Model Home Signs: One (1) identification sign in front of each model home; a
14
maximum of four(4) feet in height and twelve (12) square feet in size. Model home signs shall
be removed upon occupying the home for normal residential use.
E. No Signs in CITY Right of Way, Permits: OWNER/DEVELOPER agrees that no
signs shall be placed in CITY Right of Way, and that a permit shall be obtained prior to erecting
any of the above signs.
16. MODELS,MODEL AREAS, TEMPORARY TRAILERS.
A. Construction. The CITY agrees to allow the DEVELOPER and/or the
builder of the end product ("BUILDER") to construct, maintain and use model home(s) during
the development and build out of the TERRITORY prior to final plat approval for each type of
housing product being constructed in a particular Phase of the development. Each DEVELOPER
and/or BUILDER shall submit to the CITY for its review and approval plans and specifications
for each model home(s) that the DEVELOPER and/or BUILDER seeks to construct within the
model area provided construction of a dust free aggregate surface acceptable to the CITY in
order to provide adequate emergency services to and adjacent to the said model(s); and posting
of the necessary surety guaranteeing public improvements.
It is agreed that a model home(s) shall not be used as a model until it is connected to all
utilities. In the event that the utilities are not available, the CITY shall permit the DEVELOPER
and/or BUILDER to install temporary electricity generators, propane gas tanks for heat and
waste water holding tanks to serve the model home(s), provided that each such temporary tank
shall be removed and disconnected and said model home(s) shall be connected to the utilities as
soon as the utilities become available. DEVELOPER and/or BUILDER shall cause the effluent
within such temporary tanks to be transported, from time to time,to a receptacle designated by
15
the CITY within ten (10) miles from the perimeter of the TERRITORY. The DEVELOPER
and/or BUILDER shall indemnify and hold harmless the CITY and its officers and employees
from any liability for any losses caused as a result of utilities not being available to or connected
to said model home(s).
B. Model Area. The CITY agrees to permit in the model area, temporary
fencing, lighting, signage,paved parking lots and promotional structures upon submission of
appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four (4)
feet in height, and be accessible for the provision of emergency services. Said temporary modells
signage shall be as per Section 15 of this Agreement.
Prior to the CITY accepting the public improvements in the model area, the
DEVELOPER and/or BUILDER shall remove all temporary fencing, lighting, signage, parking
lot/s and promotional structures.
C. Temporary Sales Office Trailer. The CITY agrees to allow the
DEVELOPER and/or BUILDER to construct and use temporary sales office trailer(s), subject to
DEVELOPER and/or BUILDER submitting plans and specifications to the Building and Zoning
Department and receiving approval of the same. In the event that the utilities are not available,the
CITY shall permit the DEVELOPER and/or BUILDER to install temporary electricity generators,
propane gas tanks for heat and waste water holding tanks to serve the temporary sales office
trailer(s). DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to
be transported, from time to time,to a receptacle designated by the CITY within ten (10)miles from
the perimeter of the TERRITORY. Said temporary sales office trailer shall be removed at such time
16
as the model home(s) being served by said temporary sales office trailer are available for model
occupancy.
The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its
officers and employees from any liability for any losses caused as a result of utilities not being
available to or connected to said temporary sales office trailer.
D. Model Occupancy. Prior to the DEVELOPER and/or BUILDER
occupying any model home or model unit, the DEVELOPER and/or BUILDER shall schedule a
final inspection of said model home or model unit with the CITY's Building and Zoning
Department. Upon approval of said final inspection, the respective model home or model unit may
be used accordingly.
E. Temporary Construction Office Trailer. The CITY agrees to allow the
DEVELOPER and/or BUILDER to construct and use a temporary construction office trailer,
subject to DEVELOPER and/or BUILDER submitting plans and specifications to the Building and
Zoning Department and receiving approval of the same. There shall be no more than two (2)
temporary construction office trailers for each contractor providing construction services to said
TERRITORY. In the event that the utilities are not available, the CITY shall permit the
DEVELOPER and/or BUILDER to install temporary electricity generators,propane gas tanks for
heat and waste water holding tanks to serve the temporary construction office trailers.
DEVELOPER and/or BUILDER shall cause the effluent within such temporary tanks to be
transported, from time to time, to a receptacle designated by the CITY within ten(10)miles from
the perimeter of the TERRITORY.
The DEVELOPER and/or BUILDER shall indemnify and hold harmless the CITY and its
17
officers and employees from any liability for any losses caused as a result of utilities not being
available to or connected to said temporary construction office trailer.
F. Temporary Construction Storage Trailers. The CITY agrees to allow the
DEVELOPER and/or BUILDER to construct and use temporary construction storage trailers,
subject to providing construction services to said TERRITORY submitting plans and specifications
to the Building and Zoning Department and receiving approval of the same. There shall be no more
than one (1) temporary construction storage trailer per contractor providing construction services to
said TERRITORY.
17. LOT SIZES. The CITY agrees to the sizes, lot widths and depths for the land
use areas identified in the Preliminary Plat of Subdivision attached hereto and incorporated herein
as EXHIBIT "D".
18. SETBACKS AND/OR BUIDLING SEPARATIONS. The CITY agrees to
the setbacks and/or building separations for the land use areas identified in the Preliminary Plat of
Subdivision attached hereto and incorporated herein as EXHIBIT "D".
19. ADJACENT FARMS. The OWNER and/or DEVELOPER of the TERRITORY
acknowledge that Kendall County has a long, rich tradition in agriculture and respects he role that
farming continues to play in shaping the economic viability of the County, normal agriculture
practices may result in occasional smells, dust, sights,noise and unique hours of operation that are
not typical in other zoning areas. The OWNER and/or DEVELOPER of the TERRITORY agrees
to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate
similar language within the Homeowner's Association Documents, Covenants and Restrictions
Documents or other such documents governing the subdivision.
18
20. STUB STREET CONNECTIONS. The OWNER and/or DEVELOPER of the
property acknowledge that roadways which do not end in an intersection or a cul-de-sac will
continue to the boundary of the TERRITORY to provide for a connection with future roadways and
adjacent developments.
21. FEES, DONATIONS AND CONTRIBUTIONS. ***Travis this section will
need to be expanded and/or revised to incorporate the fees from the pre-annexation
agreement***
A. OWNER and/or DEVELOPER shall pay fees to the CITY as set
forth on the attached EXHIBIT "H," attached hereto and incorporated herein. The OWNER and/
DEVELOPER shall pay such fees in effect at the time of the recording of the Final Plat for each
phase of the proposed development,provided the OWNER and/or DEVELOPER receive written
notice of any changes or proposed changes to the fees and that changes shall not take effect within
the TERRITORY for one-hundred-eighty (180) days from the date of any such notice. OWNER
and/or DEVELOPER may pre-pay any fee proposed to be changed which shall freeze said proposed
fee increase and not affect the TERRITORY.
B. No contribution of land for school purposes shall be required of OWNER
and/or DEVELOPER as a result of the development of the TERRITORY. In lieu of the
contribution of land, OWNER and/or DEVELOPER agrees to pay to the CITY for distribution by
the CITY to the School District, as OWNER and/or DEVELOPER's sole and exclusive
contribution for school purposes as a result of the development of the TERRITORY, the sum of
$ per residential dwelling unit regardless of the number of bedrooms contained in each
dwelling unit (hereinafter referred to as the "School Contribution"). Payment to satisfy a cash
19
contribution shall be payable to the School District at the time of issuance of a building permit for
each dwelling unit, unless otherwise agreed to herein.
C. OWNER and/or DEVELOPER shall contribute 6.1 acres of land
identified as Lot 405 on the Preliminary Plat of Subdivision and the sum of$ per
residential dwelling unit regardless of the number of bedrooms contained in each dwelling unit
as its exclusive contribution for park purposes as a result of the development of the
TERRITORY (hereinafter referred to as the "Park Contribution"). Payment to satisfy a cash
contribution shall be payable to the Parks Department at the time of issuance of a building permit
for each dwelling unit.
22. CREATION OF HOMEOWNER'S ASSOCIATION AND DORMANT
SPECIAL SERVICE AREA. OWNER and/or DEVELOPER shall create a Homeowner's
Association that will be responsible for maintaining all common areas of the development, unless
the same are accepted by the CITY. The OWNER and/or DEVELOPER shall further provide for
the creation of a back-up "dormant" Special Service Area Tax for maintenance of said common
areas and for the TERRITORY prior to or concurrent with the recording of the first Final Plat of
Subdivision for the development.
23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The
CITY agrees to issue within ten (10) business days after receipt of application to the CITY
Building Department permits for the construction of any buildings or improvements of buildings
or issue a letter of denial within said period of time informing DEVELOPER as to wherein the
application does not conform to the stated Municipal Code sections or this Agreement. The
CITY shall not limit the number of building permits which may be issued or the time of issuance
20
of building permits during the term of this Agreement.
The CITY agrees to issue within ten(10) business days after receipt of application to the
CITY Building Department certificates of occupancy or issue a letter of denial within said period
of time informing DEVELOPER as to wherein the application does not conform to the stated
Municipal Code sections or this Agreement. The CITY shall not be obligated to issue a
certificate of occupancy for any residential unit constructed within the TERRITORY until the
unit for which a certificate of occupancy is being sought is connected to and capable of being
served by sanitary sewers, storm sewers, water mains, public streets, natural gas lines and
electric utilities, and is in conformance with the CITY'S Building Codes.
The above notwithstanding, the CITY agrees to issue conditional occupancy permits in
the event that weather conditions prohibit the installation of certain subdivision improvements
such as sidewalks, driveways, and required landscaping. The developer of the lot shall post a
financial guarantee to cover the costs of said improvements not covered under the Surety
submitted as provided in this Agreement. The CITY shall not limit the number of certificates of
occupancy or the time of issuance of Certificates of occupancy during the term of this
Agreement.
24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any
reasonable assistance requested by the OWNER and/or DEVELOPER in applying for and
obtaining any and all approvals or permits necessary for the development of the TERRITORY,
including, but not limited to those required from the Illinois Department of Natural Resources,
the Illinois Environmental Protection Agency, the Army Corps of Engineers and the Federal
Emergency Management Agency. The CITY further agrees to reasonably cooperate with the
21
OWNER and/or DEVELOPER in obtaining all other permits and approvals required by the
County of Kendall and other governmental units in connection with the contemplated
development of the TERRITORY.
25. GOVERNING LAW; ENFORCEMENT; REMEDIES.
A. The laws of the State of Illinois shall govern the validity,performance and
enforcement of this Agreement. Enforcement shall be by an appropriate action or actions to
secure the specific performance of this Agreement, or to secure any and all other remedies
available at law or in equity in connection with, the covenants, agreements, conditions, and
obligations contained herein. Venue for any action is in the Circuit court of Kendall County,
Illinois.
B. In the event of a material breach of this Agreement, the Parties agree that
the defaulting party shall have thirty (30) days after notice of said breach to correct the same
prior to the non-breaching party's seeking of any remedy provided for herein; provided, however,
any breach by the OWNER and/or DEVELOPER reasonably determined by the CITY to involve
health or safety issues may be the subject of immediate action by the CITY without notice or 30
day delay.
C. In the event the performance of any covenant to be performed hereunder
by either OWNER and/or DEVELOPER or CITY 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; the revocation, suspension, or inability to secure any necessary governmental permit,
other than a CITY license or permit; and any similar case)the time for such performance shall be
22
extended by the amount of time of such delay.
D. 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.
26. INTEGRATION AND AMENDMENT.
A. This Agreement supersedes all prior agreements and negotiations between
the parties and sets forth all promises, inducements, agreements, conditions, and understandings
between and among the parties relative to the subject matter hereof, and there are no promises,
agreements, conditions, or understandings, either oral or written, express or implied, between or
among them, other than are herein set forth.
B. This Agreement, and any Exhibits or attachments hereto, may be amended
from time to time in writing with the consent of the Parties, pursuant to applicable provisions of
the Municipal Code and Illinois Statutes. This Agreement may be amended by the CITY and the
owner of record of a portion of the TERRITORY as to provisions applying exclusively thereto,
without the consent of the owner of other portions of the TERRITORY not affected by such
Amendment. Any modification to the Preliminary Plat of Subdivision shall not require an
amendment to this Agreement. In the event the Parties desire to amend this Agreement, the
signature of all parties owning property within the TERRITORY shall not be required to effect
such Agreement. Rather, only those property owners owning property within that portion of the
TERRITORY actually and directly affected by the proposed Amendment shall be required to
23
execute any Amendment hereto.
27. SUCCESSORS AND ASSIGNS. This Agreement shall constitute a covenant
running with the land and be binding upon and inure to the benefit of the Parties hereto, their
successors in interest, assignees, lessees. Upon the conveyance or assignment by OWNER,
DEVELOPER AND/OR BUILDER of its interest in the TERRITORY to any successor,
assignee, or nominee, OWNER, DEVELOPER AND/OR BUILDER shall be released from any
and all further liability or responsibility under this Agreement, and the CITY shall thereafter look
only to the successor, assignee, or nominee of OWNER, DEVELOPER AND/OR BUILDER
concerning the performance of such duties and obligations of OWNER, DEVELOPER AND/OR
BUILDER required herein.
28. SEVERABILITY. Should any provision of this Agreement, or application
thereof to any party or circumstance, be held invalid and such invalidity does not affect other
provisions or applications of this Agreement which can be given effect without the invalid
application or provision, then all remaining provisions shall remain in full force and effect.
29. TIME. Time is of the essence of this Agreement and all documents,
agreements, and contracts pursuant hereto.
30. NOTICE. All notices, elections, and 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 at such other address
as the parties may, by notice, designate:
If to the CITY:
United City of Yorkville
Attn: City Clerk
24
800 Game Farm Road
Yorkville, IL 60560
With a copy to:
United City of Yorkville
Attn: City Attorney
800 Game Farm Road
Yorkville, IL 60560
If to the OWNER and/or DEVELOPER:
Bristol Ridge,LLC
Attn: James Menard
800 Roosevelt Road
Building A, Suite 100
Glen Ellyn, IL 60137
With a copy to:
Rathje&Woodward, LLC
Kevin M. Carrara,Esq.
300 East Roosevelt Road, Suite 300
Wheaton, IL 60187
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.
31. CORPORATE AUTHORITIES. The parties acknowledge and agree that the
individuals who are members of the group constitute the Corporate Authorities of the CITY are
entering into this Agreement in their capacities as members of such group and shall have no
personal liability in their individual capacities.
32. AGREEMENT. This Agreement or any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties hereto,pursuant to
applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be
25
amended by the CITY and the owner of record of the TERRITORY as provisions applying
exclusively thereto, without the consent of the owner of portions of the TERRITORY not
effected by such amendment.
33. ANNEXATION CHALLENGE. If for any reason and at anytime, the
annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged
by any person or entity by an action at law or in equity, CITY shall: (1) cooperate with the
OWNER and DEVELOPER in the vigorous defense of such action through all proceedings,
including appeals; and (2)take such other actions as may be then or thereafter possible pursuant
to the Illinois Municipal Code to annex the TERRITOTY and/or other properties to the CITY so
that the annexation of the TERRITORY to the CITY can be sustained and/or effected under the
terms of this Agreement.
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.
SIGNATURE PAGE TO FOLLOW.
26
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date
first above named.
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation:
BY:
Mayor
ATTEST:
City Clerk
OWNER AND/OR DEVELOPER:
BRISTOL RIDGE,LLC
BY:
James Menard, Manager
27
SCHEDULE OF EXHIBITS
EXHIBIT A: LEGAL DESCRIPTION
EXHIBIT B: PLAT OF ANNEXATIOJN
EXHIBIT C: PRE-ANNEXATION AGREEMENT
EXHIBIT D: PRELIMINARY PLAT OF SUBDIVISION
EXHIBIT E: PLAT OF ZONING
EXHIBIT F: LETTER OF CREDIT
EXHIBIT G: RECAPTURE AGREEMENT
EXHIBIT H: SCHEDULE OF FEES
28
EXHIBIT A:
LEGAL DESCRIPTION
29
EXHIBIT B:
PLAT OF ANNEXATIOJN
30
EXHIBIT C:
PRE-ANNEXATION AGREEMENT
31
EXHIBIT D:
PRELIMINARY PLAT OF SUBDIVISION
32
EXHIBIT E:
PLAT OF ZONING
33
EXHIBIT F:
LETTER OF CREDIT
34
EXHIBIT G
RECAPTURE AGREEMENT
35
EXHIBIT H
SCHEDULE OF FEES
36
MINUTES OF THE REGULAR MEETING OF TAE CITY COUNCIL DRAFT
OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLINO
HELD IN THE CITY COUNCII.CHAMBERS.
800 GAME FARM ROAD ON
TUESDAY,JUNE 27,Z006.
As Mayor Prochaska was out of town,Mayor Pro Temp Surd called the meeting to order at 7:03
P.M and led the Council in the Pledge of Allegiance.
ROLLCALL
Clerk Milschewski called the roll.
Ward 1 James Present
Leslie Absent
Ward 11 Bard Present
Wolfer Absent
Ward III Bock Absent
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Interim City
Administrator Crois,Assistant City Administrator Olson,Police Chief Martin,Director of Park&
Recreation Mogel and Public Relations Manager Spies.
UO ORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Pro Temp Burd asked the staff and guests to introduce themselves. She welcomed the
guests and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,July 3,2006
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,June 29,2006
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 6:30 pan.,Thursday,July 6,2006
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 p.m.,Thursday,July 13,2006
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee 6:30 P.M.,Tuesday,July 11,2006
City of Yorkville Conference Room
800 Game Farm Road
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
Mtuutes of the Regular Meetine of the City Council-June 27,2006-uaee 2
CONSENT AGENDA
1. Scada Improvements-Bid Results-award to Kamp/Synergy{LLC in an annoau not to
exceed$147,23700(PW 2006-94)
2. Resolution 2006-48-Approving Engineering Agreement with Walter E Deuchler
Associates,Inc.for Design Services of the Aux Sable Creek Interceptor,Force Main and
Pump Station-approve in an amount not to exceed$760,000.00 and authorize the
Mayor and City Clerk to execute (PW 2006-95)
3. Water Department Report for February 2006(PW 2006-96)
4. Water Department Report for March 2006(PW 2006-97)
5. Water Department Report for April 2006(PW 2006-98)
6. Well No.7 Treatment Facility-Change Order No.6-authorize increase in an amount
not to exceed$6,932.27 authorize Mayor to execute(PW 2006-99)
7. Well Nos.3 and 4 Treatment Facility-Change Order No.I-authorize increase in an
amount not to exceed$2,755.00 authorize Mayor to execute(PW 2006-100)
8. Rob Roy Creek Interceptor(Contract 46)-Change Order#1- authorize decrease in an
mmount not to exceed$76,509.16 and authorize Mayor to execute(PW 2006-101)
9. Rob Roy Creek Interceptor(North Branch Contract#1)-Bid Results- award to
Anderson Underground,Inc.in an amount not to exceed$966,861.87(PW 2006-102)
10. Purohme of Backhoe/Loader-approve purchase of backboeAoader in an annount not to
exceed$75,676.00 and trade-in of 1993 backhoe in the amount oj$10,000.00jor a total
annount not to exceed$55,676.00(PW 2006-103)
11.Resolution 2006-49-IDOT Highway Permit and Resolution-Raymond Storm Sewer
Outfall-authorize the Mayor mid City Clerk to execute(PW 2006-104)
12. Prestwick of Yorkville(Phase 1)-Construction Guarantee-agree to accept a reduced
bond or letter of credit in the amount of$2,778.346.96 (PW 2006-107)
13. Grande Reserve-Neighborhood 17 Watermain Easement-authorize the Mayor and City
Clerk to execute(PW 2006-109)
14.New Water Meter System-approve=presented(PW 2006-111)
15. MFT Crack Filling Project Bid Results-award to SKC Construction,Inc.in an annount
not to exceed$24,895.55(PW 2006-112)
16.Resolution 2006-50—IDOT Highway Penn it and Resolution-Sunfield Restaurant-
authorize the Mayor and City Clerk to execute(PW 2006-113)
17.Monthly Treasurer's Report for April 2006(ADM 2006-37)
I8.Police Reports for May 2006(PS 2006-27)
19.Resolution 2006-51-Establishing the Job Description for the Position of Records
Supervisor-authorize the Mayor and City Clerk to execute(PS 2006-28)
20.Resolution 2006-52-Establishing the Job Description for the Position of Part Time
Secretary to the Board of Fire&Police Commissioners- authorize the Mayor and City
Clerk to execute(PS 2006-29)
21. Tuscany Plaza Development Agreement(PC 2006-31)
a) Ordinance 2006-55-Authorizing the Execution of a Development Agreement-
authorize the Mayor and City Clerk to execute
b) Ordinance 2006-56-Rezoning-authorize the Mayor and City Clerk to execute
22. Ordinance 2006-57-Declaring Compliance with Illinois Prevailing Wage Act-
authorize the Mayor mid City Clerk to execute(CC 2006-03).
23.Resolution 2006-53-Approving Revised Engineering Agreement with Engineering
Enterprises Inc.(EEI)for Southwest Water Works System Improvements Contracts F.I
through F.5-authorize the Mayor and City Clerk to execute,subject to developer funding
(PW 2006-92)
24.Prestwick of Yorkville(Phase 1)-Letter of Understanding-approve letter of
understanding and authorize the Mayor and ChyAttorney to execute(PW 2006-106)
25. Bid Results for Kennedy Road at Freedom Place Intersection Improvements-award to
Aurora Blacktop,Inc.in an amount not to exceed$157,897.92(PW 2006-115)
26.Resolution 2006-54-Approving Glen Palmer Dam Intergovernmental Agreement-
authorize the Mayor and City Clerk to execute(PW 2006-116)
Mayor Pro Tom Burd entertained a motion to approve the Consent Agenda as presented. So
moved by Alderman Munns;seconded by Alderman Spears.
Motion approved by a roll call vote. Ayes-5 Nays-0
James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye
REPORTS
MAYOR'SREPORT
None.
The Minutes of the Regular Meetine of the City Council—June 27.2006—paee 3
CITY COUNCIL REPORT
Mayor Pro Tem
A motion was made by Mayor Pro Tem Burd to appoint Alderman Rose Spears as Mayor Pro
Tem pursuant to the City policy for selection of Mayor Pro Tem;seconded by Alderman Munns.
Alderman Besco noted that Mayor Pro Two Bard skipped the following agenda items:the Plan
Commission/Zoning Board of Appeals Report;Minutes for Approval and Bill Payments for
Approval items on the agenda. Alderman Bard stated that the motion was on the floor and
Alderman Spears could address these items.
Motion approved by a roll call vote. Ayes-4 Nays-0 Present-1
Munns-aye,Burd-aye,Spears-present,Besco-aye,James-aye
Alderman Burd turned the meeting over to Mayor Pro Tem Spears.
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated June 15,2006 totaling the following amounts:checks in the amount of
$7,407.99(vendors—FY 05106);$788,752.21(vendors—FY 06/07);211,444.59(payroll period
ending 6/10106);for a total of$1,007,604.79; seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-5 Nays-0
James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the Committee of the Whole
meetings of March 7,2006,April 4,2006,May 2,2006 and June 6,2006;the minutes of the
Special City Council meeting of May 30,2006 and the Special Town Meeting of April 20,2006;
seconded by Alderman Wolfer.
Motion approved by a viva voce vote.
REPORTS CONTINUED
ADDITIONAL CITY COUNCIL REPORT
Ordinance 2006-58 Governing Ordinance
A motion was made by Mayor Pro Tem Spears to adopt the Governing Ordinance as presented;
seconded by Alderman Burd.
Alderman Munns asked for clarification as to which version the City Council was voting on.
Attorney Wyeth stated that Version 2 was the final draft and Version 3 was the final draft with
the most recent changes highlighted.
Alderman Bard asked for the following additions and/or corrections:
o Section ID—Aldermen—paragraph B—she asked that the last sentence be amended to
read"No alderman or mayor shall speak...."
o Section III—Aldermen—paragraph C—she asked that a semicolon be added after the
word"forfeited"in the last sentence.
o Section III—Aldermen—paragraph K—she asked that verbiage from Robert's Rules of
Order,Debate on the Question,line 31"...they must never attack or make any allusion to
the motives of members."be added to the paragraph. She asked that the word"they"be
changed to"aldermen".
o Section III—Mayor—paragraph D—she asked that a semicolon be added after the word
"item"in the last sentence.
The members of the City Council present agreed to the changes and/or corrections.
Alderman Besco noted that in a previous draft it stated that no alderman could hold a
chairmanship twice and he questioned if this was feasible. Attorney Wyeth stated that during
discussion it was recommended to exclude this provision.
The Minutes of the Regular Meeting of the City Council—June 27.2006—page 4
Attorney Wyeth noted that the motion on the floor approves the ordinance as"presented"and
four amendments had been made.
Mayor Pro Tom Spears entertained a motion to include the four changes recommended by
Alderman Burd. So moved by Alderman Mums;seconded by Alderman Besco.
Attorney Wyeth reiterated the four changes as noted above.
Alderman Burd commented that this ordinance was suggested by professors from Northern
Illinois University. She stated that this will be a good tool when newly elected officials begin on
the City Council. -
Aldermen Basco,Bard,Mums and Spears expressed their thanks to the aldermen who developed
the ordinance,the staff and Drs.Gabris and Woods who assisted with the document.
Alderman Spears asked that the members of the City Council get a clean copy for reference
purposes.
Motion to amend approved by a roll call vote. Ayes-5 Nays-0
James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye
Motion approved by a roll call vote. Ayes-5 Nays-0
Burd-aye,Spears-aye,Besco-aye,James-aye,Mumts-aye
ATTORNEY'S REPORT
Attorney Wyeth reported that the closing for the old post office property was set for Friday,June
30,2006. The City will officially own the property after about noon that day. Alderman James
noted that there is still a sign on Route 47 indicated the post office location and it should be
removed. Treasurer Powell stated that he already addressed this and it is being taken care of.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE'S REPORT
No report.
DIRECTOR OF PARKS&RECREATION'S REPORT
Fine Arts Festival
Director Mogle reported that the City had a successful Fine Arts Festival June 24,2006. Ten
vendors participated and the good weather brought a nice crowd.
Sweetness Run
Director Mogle reported that the Sweetness Run was a success with 230 runners participating.
He thanked the Police Department and Community Relations Manager Spies for their help with
the event.
COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
No report.
COMMUNITY RELATIONS MANAGER'S REPORT
Rolling on the River Event
Mrs.Spies reported that there will be a bicycle event,"Rolling on the River"held in Yorkville on
Labor Day Weekend 2006. It will be a two-day event and will tie into the Hometown Days
Festival.
Hastert Mobile Office
Mrs.Spies reported that Representative Hastert's mobile office would be at City Hall on July 27,
2006 from 1:00 to 2:00 p.m.
The Minutes of the Regular Meeting of the City Council—June 27.2006—Page 5
Corporate Volunteers
Mrs.Spies reported that she has received several calls from various corporations expressing an
interest in their employees doing community service. She asked the City Council to contact her if
they knew of any groups looking for volunteers and she would pass the information on to those
interested in helping.
COMMUNITY&LIAISON REPORT
No report.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Resolution 2006-55 Engineering Agreement with Engineering Enterprises Inc
for Southwest Transportation Improvement Contracts F.6 through F.8
(PW 2006-93)
A motion was made by Alderman Besco to approve a Resolution approving an Engineering
Agreement with Engineering Enterprises Inc.for Southwest Transportation Improvement
Contracts F.6 through F.8,subject to developer funding as presented,also subject to legal review;
seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-0 Nays-1
James-aye,Munns-aye,Burd-aye,Spears-nay,Besco-aye
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Resolution 2006-56 Declaring Official Intent to Issue Special Tax Bonds
Westbury East Village
(ADM 2006-38)
A motion was made by Alderman James to approve a resolution declaring official intent to issue
Special Tax Bonds for Westbury East Village,as presented;seconded by Alderman Besco.
Alderman Besco commented that he thought the SSA was part of the original agreement that was
amended. Attorney Wyeth explained that this is an old annexation agreement(1999)that
predates the SSA changes and this follows the original agreement. Alderman Bosco asked if the
remaining two villages of Westbury will have similar SSAs. Administrator Crois explained that
there are five villages and two fall under the old entitlement while the remaining three fall under
the new SSA provisions.
Alderman Munns asked if a City Council is obligated to honor agreements passed by a previous
Council. Attorney Wyeth stated they were because there is a contractual obligation however he
noted that each annexation agreement has a duration with the statutory obligation being twenty
years.
Motion approved by a roll call vote. Ayes-5 Nays-0
Spears-aye,Besco-aye,James-aye,Mums-aye,Burd-eye
Ordinance 2006-59 Proposing the Establishment of Special Service Area
Number 2006-111-Westbury East Village
(ADM 2006-39)
A motion was made by Alderman James to approve an Ordinance proposing the establishment of
Special Service Area No.2006-111 for Westbury East Village;as presented;seconded by
Alderman Besco.
Alderman Spears commented that she was not in favor of SSAs however this was already
included in an agreement so it was useless to vote against it.
Motion approved by a roll call vote. Ayes-5 Nays-0
Besco-aye,James-aye,Mums-aye,Burd-aye,Spears-aye
The Minutes of the Reffular Meetinc of the City Council—June 27.2006—mme 6
Resolution 2006-57 Declaring Official Intent to Issue Special Tax Bonds
Westbury South Village
(ADM 2006-40)
A motion was made by Alderman James to approve a resolution declaring official intent to issue
Special Tax Bonds for Westbury South Village,as presented;seconded by Alderman Besco.
Alderman Manna asked if the SSAs for the remaining three villages are not approved,will this
affect what is being approved tonight. Attorney Dan Kramer representing the developer
explained that these SSAs would still stand if the others are not approved.
Alderman Besco asked if the developer will bring forward SSAs for the remaining villages that
comply with the new policy. Attorney Kramer stated that the developer would like the SSAs
uniform throughout the development He also noted that the type of SSA needed,based on the
improvements to Route 47,the increase in commercial area,schools,etc.,was discussed at length
at the Administration Committee. He stated that the developer is not biding the fact that they
would like traditional SSAs for the remaining villages.
Alderman Burd asked if the developer was putting up a sign indicating that this is an SSA
development. Attorney Kramer stated that this will be done.
Patrick Hughes with the developer Ocean-Atlantic stated that the draft annexation agreement
addresses much of the things discussed with the Administration Committee. He stated that he
would be happy to answer any questions at any time;whether it would be at another meeting or
individually.
Aldemnan Spears noted she was against SSAs however the information presented to the
Administration Committee was thorough and informative.She stated that in this instance the SSA
may be warranted and beneficial. She further stated that she would be satisfied with the SSA due
to the improvements being made by the developer as long as purchasers are totally informed of it.
Motion approved by a roll call vote. Ayes-5 Nays-0
Besco-aye,James-aye,Munns-aye,Burd-aye,Spears-aye
Ordinance 2006-60 Proposing the Establishment of Special Service Area
Number 2006-112-Westbury South Village
(ADM 2006-41)
A motion was made by Alderman James to approve an ordinance proposing the establishment of
Special Service Area No.2006-112 for Westbury South Village;as presented;seconded by
Alderman Besco.
Alderman Besco thanked the Administration Committee for their work on the Westbury SSAs.
Motion approved by a roll call vote. Ayes-5 Nays-0
James-aye,Munns-aye,Burd-aye,Spears-aye,Besco-aye
ADDITIONAL BUSINESS
Elected Official Pay
Alderman Burd questioned if the quarterly payments for the elected official became affected this
fiscal year or after the next election. Attorney Wyeth stated that he thought it was after the next
election however he and Finance Director Mika would look into the matter.
Governing Ordinance Implementation
Alderman Manus questioned how and when the Governing Ordinance would be implemented.
The Council decided to discuss this further at the next Committee of the Whole meeting on July
7,2006.
ADJOURNMENT
A motion was made by Mayor Pro Tern Spears to adjourn;seconded by Alderman Besco.
Motion approved by a viva voce vote.
Meeting adjourned at 7:50 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 8
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Conference Room
Tuesday,May 16,2006—7:00 pm
In Attendance:
City
Art Prochaska- Mayor John Crois—Interim City Administrator
Jim Bock—Alderman Bart Olson—Assistant City Administrator
Rose Spears -Alderwoman John Wyeth—City Attorney
Dean Wolfer—Alderman Travis Miller—Community Development Director
Paul James—Alderman David Mogle—Parks & Rec. Exec. Director
Lynsey Johnson—Administrative Assistant
Eric Dhuse—Director of Public Works
Denise Kasper—Payroll &Benefits Specialist
Ron Robinson—IT Technician
Bill Powell—Treasurer
Guests
Heather Gillers—Beacon News Kathy Farren—Kendall County Record
Lynn Dubajic—YEDC R. T. Stanciu—Windham Homes
Tom Grant—Rivers Edge David Branch—Hallmark Homes
David Waden—Land Vision
Mayor Prochaska called the meeting to order at 7:20pm due to an Executive Session immediately
prior to C.O.W.
PUBLIC HEARING:
None
PRESENTATIONS:
1. Six Pillars of Yorkville—Concept Plan
David Branch of Hallmark Homes and David Waden of Land Vision were in attendance and gave a
presentation for Six Pillars. It is bounded by High Point Rd. and Walker Road and sits on 350
acres with 618 single-family homes planned. A park site is also proposed. Wheeler Road will be
continued through this development from the MPI South project.
Mayor Prochaska commented that the density of 1.76 units per acre exceeds the maximum density
of 1.75 in the Comprehensive Plan. Under the plan,the developer must demonstrate why the City
should allow the greater density. Mr. Branch said the request would probably be scaled back due
to an earlier meeting with the school. In addition, the Park Board would like the park to be
Page 2 of 8
contiguous to the school. The Mayor also said the Plan Commission was concerned about the
traffic on High Point Road if the school was built there. This presentation concluded at 7:30pm.
DETAIL BILL LIST:
Following are the questions and responses regarding the bill list:
Page 33: Legal matters-- Seyfarth Shaw, was not considered direct negotiations and therefore
placed under Administration expenses
Page 40: Ace Radio Shack—wireless router,was for Council Chambers
Page 44: Annual Management Association-$950—fee is for advice for employee issues,review
of job descriptions, is a resource for Human Resource questions, also provides training. This
membership has been retained for 3 years.
Page 16: Jensen Entertainment—DJ service for appreciation dinner.
The bill list will move to City Council for consideration.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
1. ADM 2006-33 Monthly Treasurer's Report for March 2006
There were no comments and the report will move to City Council.
MAYOR:
There will be a Coffee with the Mayor at the Silver Dollar Restaurant, May 20`h.
(Following item taken out of order)
PUBLIC WORKS
8. PW 2006-88 River's Edge Subdivision– Watermain Recapture
As part of the annexation agreement,the developer was eligible to apply for recapture of part of the
Fox Road watermain costs. Attorney Tom Grant said Joe Wywrot sent a letter on February 7`h
giving the background for the recapture and all the conditions have been met. An expiration date
of 20 years was used for the agreement. The Mayor said this was a standard agreement. This
information will be recorded and nearby property owners will be notified that City water services
are available if so desired.
This matter will go to City Council for consideration on the consent agenda. An ordinance will be
forthcoming as well as the revised final agreement.
(Returned to order of agenda)
ADHOC TECHNOLOGY COMMITTEE:
1. Tower Rental and Wireless Internet Service
Mr. Robinson said the City had sent out RFP's and only one had been returned which was from
PDQLink. The proposal would allow the water towers to be rented in exchange for high speed
access for residents. He said this service would not affect cellular service and that the frequencies
Page 3 of 8
are different. He added that he had sent queries to nearby towns regarding rental of towers,
however, he received no replies. Free access in the parks would also be offered as well as possible
service in the schools and library. This service would not replace the T-1 connection. The Mayor
suggested including language in the contract regarding locations of possible free service. He also
said it might be helpful to include it at City Hall for people giving presentations. Wireless service
would be needed for the proposed laptop computers for the Council members, however, laptops are
not in the budget at this time.
Mayor Prochaska asked Mr. Robinson to meet with PDQ and draft a contract for review.
Language should be included regarding interference and non-performance.
ECONOMIC DEVELOPMENT COMMITTEE:
1. PC 2006-20 Pulte Homes—Westl:aven—Amendment to Annexation and PUD Agreement and
Zoning
Matt Cudney was present to answer questions regarding the amendment. Alderman James said he
wished to limit the number of stoplights along Rte. 47. Mayor Prochaska said the City has been
working with the developer to address that issue and will use frontage or ring roads as a solution.
Access to the east was discussed,but Mr. Cudney said none is planned at this time due to berms
and the fact that the residents would not want traffic on private streets. The Mayor said the City is
certain to receive calls asking why there is no access to the commercial area without driving onto
Galena.
Mayor Prochaska suggested gating the community so that the development does not become a cut-
through,however,Mr. Cudney said it is very expensive to have a gate and remote control openers
for all the residents. Mr. Cudney said that a potential gate should be left up to the homeowners
association. Mayor Prochaska concluded by saying he wants the access road to remain.
The developer will meet with Attorney Wyeth to determine language in the agreement. This will
return to the Council for further discussion.
2. EDC 2006-12 Revised PUD Ordinance
It was noted that this item should have been on the June 6s' agenda. This will move forward for a
vote on the consent agenda next week.
3. EDC 2006-11 Jefferson Street/Route 47—]DOT Improvement Concept Plans
Travis Miller had rquested this item to come back to the Council as there was no official action
when Mike Schoppe gave his presentation. It was noted that no vote was needed from the Council
to work with IDOT and that previous discussions were a matter of public record. No further
action was taken.
Page 4 of 8
PARK BOARD:
1. Grande Reserve Park D—FYI
David Mogle said this 5-acre park has a school theme and is one of 9 parks in Grande Reserve. A
trail within the development will connect with a regional trail. He explained the various amenities
of the park and noted the total budget was $66,900 with the developer purchasing and installing the
equipment. It is expected to be complete by August.
PUBLIC WORKS COMMITTEE:
1. PS 2006-19 Driveway Regulation Modifications to Zoning Ordinance
This issue had been discussed in the Public Safety committee meeting. Mr. Miller stated there
were suggested modifications to the zoning ordinance and they stem from the parking ban. He
detailed the various recommendations and said the changes were highlighted in a memo.
Alderwoman Spears noted particular problems with cul-de-sacs. There was a discussion of widths
of driveways, garages and setbacks. Eric Dhuse suggested setting a maximum width for a 30-foot
drivem that includes flares and bring this issue back to C.O.W. It will be discussed again at the
June 20 C.O.W.
2. PW 2006-80 Heartland Circle Bond Reduction #6
Mr. Dhuse said this is a standard bond reduction and that Mr. Wywrot had recommended it move
forward. It will be placed on the consent agenda.
3. PW 2006-82 Raintree Village Unit 6—Construction Guarantee
Some work was already done at this site and this item is to set the letter of credit. Mr. Wywrot
gave a positive recommendation for this and it moves to the consent agenda.
4. PW 2006-83 Rob Roy Creek Interceptor(North Branch) —Construction Inspection
Documents from Walter Deuchler&Associates were included in the agenda packets. This item is
the proposal for the interceptor north branch inspection at a cost not to exceed $75,600.
Alderwoman Spears asked if the City approves a fee schedule for Deuchler. Mayor Prochaska said
the developer pays for this project and the City oversees it. Ms. Spears suggested that the fee
schedule should be reviewed even though the developer will pay the costs. This will move to the
consent agenda. Mr. Crois will also talk with Walter Deuchler about the engineering fees and this
matter will return to the Public Works committee.
5. PW 2006-84 Galena Road Watermain—Plat of Easement
This document is needed to be able to connect the water main from Grande Reserve to Bristol Bay.
The two new wells will be connected into the existing system and this will allow water to be
pumped on the north side of the City. This will move to the consent agenda.
6. PW 2006-85 Public Works Project Update
7. PW 2006-86 New Backhoe Purchase
Mr. Dhuse said these items are project updates for the Council. Bids will be opened on May 19th
for the replacement of a backhoe purchased in 1992. The ling Street well is nearly complete and
wells#3 &4 are almost done including the buildings. The Mayor asked about the striping the
Page 5 of 8
County had done on Van Emmon and said it stopped when it got to the City. He asked Mr. Dhuse
to research that.
9. PW 2006-89 Recommended Nominees for Historical Street Names
Public Works is the starting point for street naming. Mr. Dhuse listed the suggested names and
said the Human Resource Commission gave their approval. This will move to City Council on the
consent agenda. When they are approved, Engineering will furnish that information to the Post
Office and KenCom.
10. PW 2006-90 Countryside Parkway (E.Kendall—Center Pkwy.) -Bid Results
Aurora Blacktop was the only bidder for this road project with a cost of just over the engineer's
estimate. This was due to the increase in petroleum products. This will move forward to the
consent agenda.
PUBLIC SAFETY COMMITTEE:
No report.
ADM MSTRATION COMMITTEE:
1. ADM 2006-28 Hoover Boy Scout Camp— Update on Process
John Crois said CorLands is holding property that Grande Reserve is donating to the City. Mr.
Crois and Mr. Mogle have met with grant consultants for a possible grant for the property that is
located on Kennedy Road by Blackberry Creek The initial 3-year agreement that stipulates
CorLands would hold property for the City expires this July. It can be extended for two additional
1-year periods at$10,000 per year.
Mayor Prochaska clarified that CorLands is still holding a piece of land at Hoover and the parties
to this agreement are: Boy Scouts, City of Yorkville,Forest Preserve and CorLands. The goal is
to find the money to purchase the remaining third of the property from CorLands. At one time it
was hoped to be able to swap the pieces of property,however,that did not come to fruition.
The City currently has a"Use Agreement" for the Kennedy road property. The property can be
used as a"match"for a future ASLAD grant. To use it as a match, CorLands must still retain the
title. This is one of the decisions the Council must make--to either allow Corlands to own it and
find matching grants or if the City takes ownership,the City cannot obtain grants.
Mr. Crois advised again owning the property and said a suggestion had been made to form a
foundation in order to hold the land, however,there is not sufficient time to form a foundation by
July 1 lt'. The Mayor suggested attempting to secure a grant and asked if the agreement with
CorLands could be pro-rated subsequent to formation of the foundation. Mr. Crois noted that the
grant-writers encouraged future developers to donate more acres than necessary. Those extra acres
would go into the foundation and the developer could benefit from tax deductions.
Page 6 of 8
After a long discussion, it was decided that Mr. Wyeth and Mr. Crois will draft a contract to have
CorLands continue holding the land at a cost of$10,000 and ask them to pro-rate the costs if a
foundation is formed. This matter will move forward to the June 6`n C.O.W.
2. ADM 2006-13 Hiring Policy
This proposed policy suggests that recruiting agencies should be used for hiring the City
Administrator, Police Chief and Director of Parks and Recreation. Ms. Spears asked if the
discussion could be postponed until more Aldermen were present,however,the committee
members did have a brief discussion. Attorney Wyeth suggested this matter should be in the form
of a policy rather than an ordinance and it was felt that this matter should move forward. The
policy would be established by a vote on a resolution that Mr. Wyeth will draft. The
Administration Committee will discuss the basic hiring policy again at a future meeting.
3.ADM 2006-31 Staff Salary Survey
Bart Olson summarized the two memos contained in the agenda packet. Alderwoman Spears
suggested postponing this discussion until a"plan of hires"was ready,however,the Mayor said
this item referred to the current employees. It was noted that Yorkville is below the salary level of
some other municipalities. Mayor Prochaska said it was important to find"salary ranges"for the
various positions and not necessarily changes individual employees' salaries. A few salaries are
currently above the ranges and there was discussion on how these would be handled. In these
instances,the range would be allowed to be unchanged for a few years rather than lower someone's
salary. COLA and raise information were included in the survey. The survey interpretation was
also briefly discussed.
This item will return to the June 20a' C.O.W.
LEGISLATIVE TASK FORCE:
1. Task Force Report
Alderman Bock said there were still some typographical errors and duplication in the document.
He also noted that one portion stipulated that each Alderman is allowed five minutes to speak and
then two minutes, while the Mayor was only allowed five minutes. He felt all should have equal
time.
Mayor Prochaska said that Robert's Rules allows the Mayor to summarize a discussion and hoped
that summarization would not be his allotted time. That needs to be addressed in the document.
He also noted that a super majority is needed to override the Mayor. Many of the items in the
Governing Ordinance came from Robert's Rules and the purpose was to condense the rules that
govern the City.
Alderman James suggested that it would be a good idea to reference Robert's Rules in the
document and the committee agreed. The term"Mayor's Ruling"was also questioned. Attorney
Wyeth also identified some corrections/clarifications that were needed. It was noted that this
document will come back to committee many times before its approval, when the rules contained it
are applied to future meetings, i.e. speaking five minutes and then two minutes. It was questioned
whether or not this format would apply to the Committee of the Whole Meetings and other
Page 7 of 8
committee meetings where the atmosphere has previously been informal. The Mayor encouraged
the committee members to consider that aspect.
There was also a brief discussion of the following points: the right of Aldermen to hold ward
meetings and possible necessary notifications to other Aldermen, no provision for the Mayor to be
allowed to hold a meeting with constituents,the "dress code"under Ethical Standards"is vague,
the ability of the Mayor to designate an official spokesperson—can it be someone other than an
Alderman?
Attorney Wyeth will make the corrections/revisions and they will be discussed at a future meeting.
ADDITIONAL BUSINESS:
Alderman James asked about a recent State road repair project on Rt. 47 south at Rte. 71 and
Walker Road. He asked how there could be money for this overlay project, but not for Rte. 47 in
Yorkville. He said the road was basically in good shape and wondered why the money was spent
on this and not used on widening. Mayor Prochaska said that Rte. 47 widening is in a budget not
yet passed. He suggested sending a letter to the Governor and General Assembly and asked
Attorney Wyeth to draft one.
Alderwoman Spears said the Administration Committee had asked Bart Olson and John Crois to
research recruitment of an intern for Finance, Community Relations etc. Mr. Olson said he chose
not to have an intern in Administration,but is looking into one for Finance. The deadline for an
MPA intern was in April,but an undergraduate could be arranged.
Ms. Spears said that ordinances should include maintaining traffic control signs in the Countryside
area, even though it is privately owned because some of the signs are fading. The Mayor suggested
researching the International Code for references to such signs. Ms. Spears also said that Grande
Reserve has not updated their handicapped signs to state the fine is $250 for illegally parking in
those spots.
Mayor Prochaska had two issues to discuss. He said the City needed to pass a resolution opposing
a commerce and energy group that would take franchise rights away from the City. He had a
sample draft of such a resolution from another municipality.
Additionally,he wants to upgrade the cable ordinance to redefine what constitutes cable service.
Part of the Lightspeed project requires very large boxes to be installed throughout the City. Each
box serves only about 300 homes and that would require several boxes throughout the City. He
said some communities have placed moratoriums on this project until more research could be done.
Attorney Wyeth was directed to draft a document regarding this project.
Page 8 of 8
Bill Powell suggested a laser pointer for use in conjunction with presentations.
There was no additional business and the meeting was adjourned at 10:20pm.
Minutes respectfully submitted
by Marlys Young,Minute Taker
N1 vo)2 #
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
ORDINANCE APPROVING VARIANCES FOR SIDE YARD SETBACK AND
ACCESSORY STRUCTURES FOR THE BUSINESS LOCATED AT
504 SOUTH BRIDGE STREET
(SPEEDWAY SUPERAMERICA)
WHEREAS, Marathon Petroleum Company,LLC ("Petitioners") filed ZBA Petition
2006-39 requesting a variance for the corner side yard,the transitional yard, the
accessory structure, and the separation between an accessory structure and the primary
structure for the business located at 504 South Bridge Street which is more specifically
described in the attached Exhibit"A"; and
WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a
public hearing on June 6, 2006 with regard to said Petition; and
WHEREAS,the Zoning Board of Appeals took public comment on the issues before
it and made specific findings of fact related to the granting of the variances sought; and
Page 1 of 4
WHEREAS, the Zoning Board of Appeals recommended the approval of the
applicant's requested variances with the following conditions:
a. Establish a variable height(starting at six foot high as measured from the
parking lot grade at the southern end of the property) opaque fence along the
existing retaining wall (eastern and northern property lines). This fence shall
extend from the eastern property line to the building with a gate that would
allow people to leave the property.
b. Provide landscaping between the fence (see condition 41 above) and the
property line of an intensity that meets the present landscape code.
c. That the intensity of exterior lighting remain no more intense than the present
situation.
WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE
have reviewed the findings of fact and recommendations made by the Zoning Board of
Appeals, considering the public comment presented at the public hearing and have
determined that the requested variance is appropriate under the circumstances presented
by the Petitioners.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made,
seconded and approved by a majority of those so voting,the following Variances are
hereby granted from the United City of Yorkville Zoning Code for the real property more
fully described in Exhibit"A":
Page 2 of 4
1. Reduce the corner side yard from the required 30 feet to 15 feet for the .
primary structure (a 50%reduction) and from 30 feet to 10 feet for the canopy
(a 66 %reduction) (Section 104C-4:13.1),
2. Reduce the transitional yard from the required 30 feet to 20 feet for the
primary structure (a 33 %reduction) and from 30 feet to 25 feet for the
canopy(a 16%reduction) (Section 10-7C-4:D),
3. Reduce the accessory structure setback from 5 feet to 2.5 feet for the trash
enclosure (a 50%reduction) (Section 10-3-5:A),
4. Reduce the required separation between an accessory structure and the
primary structure from 10 feet to 5 feet for the trash enclosure (a 50%
reduction) (Section 10-3-5:A).
And that said Variances shall be conditional upon petitioners providing:
a. Establish a variable height(starting at six foot high as measured from the
parking lot grade at the southern end of the property) opaque fence along the
existing retaining wall (eastern and northern property lines). This fence shall
extend from the eastern property line to the building with a gate that would
allow people to leave the property.
b. Provide landscaping between the fence(see condition#1 above) and the
property line of an intensity that meets the present landscape code.
c. That the intensity of exterior lighting remain no more intense than the present
situation.; and
No other variance from the City Code for design,plan or specifications for said
structure is permitted by this Ordinance.
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IN WITNESS WHEREOF, this Ordinance has been enacted this day of
2006 by the City Council of the United City of Yorkville.
JAMES BOCK JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this day of A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville,Kendall County,
Illinois this day of A.D. 2006.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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