Resolution 2003-11 STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
RESOLUTION NO. 2003-1
RESOLUTION APPROVING FINAL PLAT
and DEVELOPMENT AGREEMENT FOR
MONTALBANO BUILDERS, INC., an
Illinois Corporation
For
LONGFORD LAKES DEVELOPMENT
WHEREAS, the City Council of the United City of Yorkville has considered a Petition to
approve the Final Plat of Longford Lakes Development; and
WHEREAS,the City Council of Yorkville has received a positive recommendation from the
Plan Commission of the United City of Yorkville recommending approval of said Final Plat of
Subdivision; and
NOW THEREFORE,upon Motion duly made,seconded and approved by a majority of those
members of the City Council voting the following action is taken by the City Council:
1. The Final Plat of Longford Lakes Development is approved and all City officials are
authorized to execute the same.
MIKE ANDERSON JOSEPH BESCO Ll
VALERIE BURD PAUL JAMES
1
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of {,� , A.D. 20 CS .
MAYOR
PASSED/by the Cit Council of the United City of Yorkville,Kendall County, Illinois this
day of / �o , A.D. 20 0-
Attest:
CITY LERK
Prepared by:
Law Offices of Daniel J.Kramer
1107A S. Bridge Street
Yorkville,Illinois 60560
630.553.9500
2
5` 200300011454
Filed for Record in
KENDALL COUNTY, ILLINOIS
STATE OF ILLINOIS GAUL ANDERSON
04-08-2003 At 02:34 p8.
) SS. AGREEMENT 32.00
COUNTY OF KENDALL )
DEVELOPMENT AGREEMENT
FOR
MONTALBANO BUILDERS, INC.,
An Illinois Corporation
FOR
LONGFORD LAKES DEVELOPMENT
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
1
DEVELOPMENT AGREEMENT
This Development Agreement,hereinafter referred as to"Agreement',is made and entered
into this oV`' day of kh1d'GI-1 ,2003,by and between Montalbano Builders,Inc., an
Illinois Corporation licensed and authorized to do business in the State of Illinois, hereinafter
referred to as"DEVELOPER"and the United City of Yorkville,Illinois, a Municipal Corporation,
hereinafter referred to as"CITY". The DEVELOPER and the CITY may hereinafter be referred to as
the Parties.
WITNESSETH
WHEREAS,the DEVELOPER is an Illinois Corporation and the Developer of certain real
property,hereinafter referred to as`Property",located in the CITY and legally described as set forth
in Exhibit"A"attached hereto and incorporated by references as if more fully set forth; and
WHEREAS, the Property is generally located south of Landmark Avenue, south-west of
Marketplace Drive, and west of McHugh Road. The Property is zoned R-4 General Residence
District and consists of approximately 13.648 acres; and
WHEREAS, the CITY has determined that the terms and conditions set forth herein will
serve a public use and will promote the health,safety,prosperity,security,and general welfare of the
inhabitants and taxpayers of the CITY; and
WHEREAS,the DEVELOPER,its vendors,grantees, assigns, successors,trustees, and all
others holding any interest now or in the future, agree and enter into this contract, which shall
operate as a covenant running with the land and be binding upon any developer and its
representatives;
NOW, THEREFORE, the CITY and the DEVELOPER, in consideration of the mutual
covenants and agreements contained herein, do mutually agree as follows:
ARTICLE I
LANDSCAPE AND BUFFERING
The DEVELOPER covenants and agrees that it shall comply with and conform its landscape
improvements to the Ordinance requirements of the CITY as they existed at the date of entry of the
Consent Decree between the CITY and the predecessor in title to DEVELOPER herein. Further,
landscaping shall be in conformance with all terms set out in the Consent Decree except as where
specifically modified by this Agreement or Exhibit`B"which is attached hereto and incorporated
herein by reference as the Final Landscape Plan entered into between the CITY and DEVELOPER.
2
i
ARTICLE II
PROPERTY DEVELOPMENT
A. Subject to the provisions of Paragraphs B and C below, the DEVELOPER may
construct,erect,and develop on the Property the improvements or buildings pursuant
to the final site plan approved by the CITY.
B.
i. The DEVELOPER hereby agrees with the CITY that DEVELOPER may
build sixty-two (62) single family attached townhouse or condominium
dwelling units with parking and amenities provided on the approved Site Plan
which is attached hereto and incorporated herein as Exhibit"C".
ii. All building envelopes shall be as disclosed on the Site Plan attached hereto
and incorporated herein as Exhibit "C". The CITY has expressly approved
the configuration of lots and building envelopes as contained therein.
C. DEVELOPER and CITY agree that the Final Site Plan and the architectural elements
of the building to be constructed as shown on the final plans for the final
development shall be substantially in accordance with Exhibit"C"with respect to the
materials, architectural style, elevations and design. The CITY shall approve the
Final Site Plan provided it is substantially in accordance with Exhibit"C".
D. Roadway Improvements:
i. Walnut Street:
1. DEVELOPER is to dedicate thirty-three (33) feet of right-of-way
along Walnut Street as depicted on the Final Plat of Subdivision.
2. The DEVELOPER is to construct a sidewalk along the southern right-
of-way of Walnut Street between Route 47 (Bridge Street) and
Freemont Street.
a. Final alignment and grade of this sidewalk will be determined
in the field.
b. The sidewalk shall be constructed through gravel driveways
and butted up against concrete or bituminous driveways.
3. The DEVELOPER is to construct a sidewalk along the northern right-
of-way of Walnut Street from Freemont Street to the eastern property
line.
3
4. The DEVELOPER shall regrade/restore areas where new sidewalk is
constructed.
ii. McHugh Road:
1. DEVELOPER is to dedicate forty (40) feet of right-of-way along
McHugh Road as depicted on the Final Plat of Subdivision.
2. The CITY is not requiring the DEVELOPER to provide sidewalks
along McHugh Road.
iii. Freemont Street:
1. DEVELOPER is to dedicate sixty (60) feet of right-of-way as
depicted on the Final Plat of Subdivision to extend Freemont Street
from Walnut Street to Landmark Avenue.
2. The DEVELOPER is required to provide sidewalks along both sides
of Freemont Street as depicted on the Final Engineering Plans.
3. The existing detention pond side will have B6-12 curb and gutter.
The east side of Freemont Street has a townhome building fronting on
it and will be improved with a M3-12 roll curb.
iv. Austin Lane:
1. The DEVELOPER is required to dedicate to the CITY sixty(60)feet
of right-of-way(known as Longford Lane) as depicted on the Final
Plat of Subdivision.
2. DEVELOPER is to provide sidewalk along the western/southem side
of Longford Lane as depicted on the Final Engineering Plans.
3. The western/southern side of Longford Lane shall be M3-12 curb and
gutter. The eastern/northern side of Longford Lane shall have 136-12
curb and gutter.
V. Landmark Avenue:
1. In order to connect to existing public facilities,the DEVELOPER will
need to saw cut a portion of Landmark Avenue.
4
E. Emergency Access:
i. The DEVELOPER is required to install and maintain a twenty(20)foot wide
hard surface emergency access lane to be located on Lot 11 as depicted on the
Final Engineering Plans (connecting the private driveway to Marketplace
Drive).
ii. The emergency access lane shall be constructed to support a fifty-five
thousand(55,000)pound vehicle.
iii. Landscaping shall be provided adjacent to the emergency access lane as
shown on the Landscape Plan.
iv. The corners of the emergency access lane shall be clearly defined so that
emergency personnel can locate the lane quickly.
V. DEVELOPER shall plant grass or similar ground cover to grow through
grasscrete so that the area affected does not appear to be a normal access but
one restricted for emergency access use. In the event the police department
or the public works department of the CITY determines that the public is in
fact using said emergency access for non-emergency use,the CITY reserves
the right to require the DEVELOPER to place a decorative gate, chain, or
similar break-away barrier to prevent non-emergency use.
ARTICLE III
BUILDING SETBACKS
In construction of the proposed townhome units above referenced in the terms of this
Agreement, the following building setbacks shall be adopted in the development and construction
thereof:
A. Fifty(50) feet from the western lot line
B. Forty(40) feet from the Walnut Street right-of-way
C. Thirty(30) feet from the Longford Lane right-of-way
D. Twenty(20) feet from the Landmark Avenue right-of-way
E. Thirty(30) feet from the eastern side of the Freemont Street right-of-way
F. Twenty(20) feet from the western side of the Freemont Street right-of-way
5
G. Twenty(20) feet from the Marketplace Drive right-of-way
H. Twenty(20) feet from the McHugh Road right-of-way
I. Forty(40) feet from the southern property line of Lot 11
J. Forty(40) feet from the property line abutting a tract described by Trustee's Deed
recorded June 6, 1982 as Document No. 82-2359 (a.k.a. PIN 02-28-326-006)
K. Minimum of twenty(20) foot setback between buildings
ARTICLE IV
STORMWATER MANAGEMENT
A. As to detention ponds constructed totally upon DEVELOPER's subject property,
DEVELOPER shall through the creation of its Homeowners'Association provide for
maintenance of those detention ponds as the sole and separate obligation of said
Homeowners' Association. In regard to a third detention pond that currently exists
adjacent to the site, this Development Agreement shall in no way alter any right or
obligation that may exist as a covenant running with the land being developed by
DEVELOPER and executed by its predecessor in title obligating the subject real
property to maintenance obligations thereof. If any obligation exists on the subject
parcel to maintain or contribute to the maintenance of the off-site detention, said
obligation shall be that of the Homeowners' Association for Longford Lakes
Development.
B. A Back-Up Special Tax Service Area shall be created by the CITY, a Consent shall
be executed by the DEVELOPER,and an Enabling and an Enacting Ordinances shall
be created and passed by the City Council of the CITY providing for payment of all
maintenance obligations as to common landscape,open space,signage,berming,and
detention pond maintenance and repair responsibilities including any other common
areas attributable to the Homeowners' Association in the event the Homeowners'
Association fails to perform any of this obligations. The determination by the City
Council of the CITY shall be final as to the decision to make any levy as to the Back-
Up Special Tax Service Area in the event the CITY finds that the Homeowners'
Association is not maintaining its responsibilities thereunder.
C. There shall be a minimum ten(10) foot wide level area between the high water line
and the adjacent right-of-way with the requirement of providing a tree to be planted
at fifty foot(50') intervals pursuant to the Landscape Plan.
6
D. All ponds, including the one previously constructed, will need to be landscaped to
meet CITY standards (as noted above,the standards in the April 7, 1999 Landscape
Ordinance will be used).
ARTICLE V
WATER SERVICE AND BILLING
The CITY has represented to the DEVELOPER it has an adequate supply of potable
water to the subject site. DEVELOPER has specifically requested the CITY for permission to
install separate shut-offs per building but to be permitted to pay the water bill as one (1)billing
for the entire subject site. DEVELOPER consents with the CITY to include the obligation to pay
all water bills as an item that can be levied under the Back-Up Special Tax Service Area in the
event the Homeowners' Association that has primary responsibility for payment of water bills
fails to timely perform its obligations hereunder.
ARTICLE VI
PARK AND SCHOOL CONTRIBUTION
A. CITY and DEVELOPER agree that the donation for park purposes shall be a cash
contribution in lieu of land. The cash contribution shall be computed in accordance
with the Land-Cash Ordinance that was in effect at the time the underlying Consent
Decree was approved as to the subject property, said amount being Sixty-Five
Thousand Eight Hundred Sixteen Dollars and 00/100($65,816.00),payable pro-rata
at the time of issuance of building permit by the CITY for each building,based upon
the number of dwelling units contained therein.
B. CITY and DEVELOPER agree that the donation for school purposes shall be a cash
contribution in lieu of land. The cash contribution shall be computed in accordance
with the Land-Cash Ordinance that was in effect at the time the underlying Consent
Decree was approved as to the subject property, said amount being Forty-Three
Thousand Five Hundred Twenty Dollars and 00/100($43,520.00),payable pro-rata at
the time of issuance of building permit by the CITY for each building, based upon
the number of dwelling units contained therein.
ARTICLE VII
SANITARY SEWER
DEVELOPER and CITY acknowledge that sufficient sanitary sewer capacity exists to permit
the total development of the subject parcel with sixty-two (62)townhome units.
7
t
ARTICLE VIII
BUILDING CODE COMPLIANCE
DEVELOPER shall be governed by the language of the original Consent Decree as to
conformance to specific building codes, which shall be applicable to the development, although
Developer may take advantage of any subsequent enacted Building Codes that are less restrictive
then those in effect at the date of the consent decree.
DEVELOPER has agreed to contribute the sum of Nine Thousand Three Hundred Dollars
and 00/100($9,300.00)at the rate of One Hundred Fifty Dollars and 00/100($150.00)per dwelling
unit payable at the time of recording of Final Plat of Subdivision for construction of a CITY
municipal building.
ARTICLE IX
CONSENT DECREE COMPLIANCE
DEVELOPER and CITY acknowledge that the subject property is bound by the terms of a
Consent Decree affecting the subject property previously entered in the Circuit Court of Kendall
County. Prior to approval of the Site Plan and Final Plat of Subdivision,DEVELOPER shall secure
a letter from Inland approving the Site Plan and Development Agreement. Upon presentation of said
letter,the CITY through its City Attorney shall obtain a written Agreed Order modifying the Consent
Judgment in conformance with the Site Plan and Development Agreement approving all changes
thereunder.
ARTICLE X
MISCELLANEOUS PROVISIONS
A. This Agreement shall be binding on and inure to the benefit of the Parties, their
respective heirs, successors and assigns, and shall be enforceable according to its
terms and conditions under the laws of the State of Illinois.
B. The various parts,sections, and clauses of this Agreement are hereby declared to be
severable. If any part, sentence, paragraph, section, or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction,the remainder of the
Agreement shall not be affected thereby.
C. In all other respects the original Consent Decree is hereby ratified,re-published,and
confirmed.
8
A
D. All notices provided for herein shall be in writing and shall be deemed effective
when personally delivered or three days after such notices have been mailed be
certified or registered mail,postage-prepaid,return receipt requested,to the Parties at
the addresses given below or at such other address as may be specified by written
notice.
If to DEVELOPER:
Montalbano Homes
Attn: Attorney Mike McGurn
2208 Midwest Rd.
Oak Brook, IL 60523
If to the CITY:
United City of Yorkville United City of Yorkville
Attn: Daniel Kramer, City Attorney Attn: Tony Graff, City Administrator
1107A Bridge Street 800 Game Farm Road
Yorkville,IL 60560 Yorkville,IL 60560
IT WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year
first above written.
United City of Yorkyille, Illinois
By:
Arthur F. Prochaska, Jr., mayor
ATTEST:
CI VA
MONTALBANO BUILDERS, INC.,
An inois Corporation
By:
Chief 0peraling Officer
Attest:
9
EXHIBIT LIST
Exhibit"A" - Legal Description
Exhibit`B" - Final Landscape Plan
Exhibit"C" - Approved Site Plan
10
A
Exhibit"A"
Legal Description
BEING A SUBDIVISION OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY,ILLINOIS
Exhibit"B"
Final Landscape Plan
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