Ordinance 2004-16 200400010259
Filed for Record in
KENDALL COUNTY► ILLINOIS
Revised March 4, 2004 PAUL ANDERSON
04-23-2004 At 03:26 an.
ORDINANCE 68.00
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-__��k _
AN ORDINANCE AUTHORIZING THE EXECUTION
OF A PLANNED UNIT DEVELOPMENT AGREEMENT OF
PROGRESS HOLDINGS,LLC, a Wisconsin Limited Liability Company
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Planned Unit Development Agreement pertaining to the development
of the real estate described on Exhibit"A" attached hereto and made a part hereof entered into by the
UNITED CITY OF YORKVILLE; and
WHEREAS, said Planned Unit Development Agreement has been drafted and has been
considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreement and to perform the obligations as
required hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1,as amended,for the
execution of said Planned Unit Development Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
r
1
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
behalf of the City,a Planned Unit Development Agreement concerning the development of the real
estate described therein, a copy of which Planned Unit Development Agreement is attached hereto
and made a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE 1 JOSEPH BESCO
—y—
VALERIE BURD L PAUL JAMES
LARRY KOT l 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 r
MAYOR
2
,l
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of ���%� A.D. 20 C-�
Attest:
CITY CLERK —
� G
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN
THE UNITED CITY OF YORKVILLE
AND
PROGRESS HOLDINGS, LLC, a Wisconsin Limited Liability Company
THIS PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this
Gl"4-lri day of PvV Cc( C(i , 2004, by and between THE UNITED CITY OF YORKVILLE,
Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter
referred to as "CITY", and PROGRESS HOLDINGS, LLC, a Wisconsin Limited Liability
Company, hereinafter referred to as "OWNER/DEVELOPER/DEVELOPER", hereinafter
referred to as"OWNER/DEVELOPER", upon the following terms and conditions:
WITNESSETH
WHEREAS, the OWNER/DEVELOPER holds legal title to the real property which is
currently located within the municipal boundaries of the CITY and described in Exhibit "A"
("PROPERTY")which is attached hereto and made a part hereof, and
WHEREAS, the DEVELOPER is desirous of using said PROPERTY described in
Exhibit "A" for B-3 General Business District use, and is desirous of assuring to it that said real
property can be used for Service Business District use and all uses set out within this Agreement
as attached hereto and incorporated herein as Exhibit"D", and to assure the right to uses under
the B-3 General Business District as is time-to-time amended by the CITY; and
WHEREAS, the CITY has considered the tract of PROPERTY herein described in
Exhibit"A" for B-3 General Business District in order to provide for the orderly development
thereof; and
WHEREAS, the OWNER/DEVELOPER of the PROPERTY described in Exhibit"A"
have requested the CITY to approve this Planned Unit Development Agreement and Final Plat
for the PROPERTY; and its Plan Commission has considered the Petition; and the City Council
has heretofore approved the proposed land use and the zoning of the same at the request of the
OWNER/DEVELOPER; and
—1—
WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and
conditions upon which the PROPERTY heretofore described in Exhibit"A"will be developed
within the CITY in an orderly manner; and
WHEREAS, OWNER/DEVELOPER and their representatives have discussed the
proposed Planned Unit Development Agreement and the development of all the PROPERTY and
have had public meetings 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
Planned Unit Development Agreement, as required by the statutes of the State of Illinois in such
case made and provided.
WHEREAS,the Plan Commission and City Council of the United City of Yorkville have
further found pursuant to Chapter 10-14-6 F of the City Code that approval of the requested
Planned Unit Development and the Special Use for Lot 2 allowing for a Gasoline Service Station
selling petroleum,petroleum related products and convenience store meeting the following
standards:
(i) The establishment,maintenance or operation of the special use will not be
unreasonably detrimental to or endanger the public health, safety,morals, comfort
or general welfare.
(ii) The special use will not be injurious to the use and enjoyment of other property in
the immediate vicinity for the purpose already permitted,nor substantially
diminish and impair property values within the neighborhood.
(iii) The establishment of the special use will not impede the normal and orderly
development and improvement of surrounding property for uses permitted in the
district.
(iv) Adequate utilities, access roads, drainage or other necessary facilities have been or
are being provided.
(v) Adequate measures have been or will be taken to provide ingress or egress so
designed as to minimize traffic congestion in the public streets.
(vi) The special use shall in all other respects conform to the applicable regulations of
the district in which it is located.
(vii) The uses permitted by such exceptions as may be requested or recommended are
necessary or desirable and appropriate to the purpose of the development.
—2—
(viii) The uses permitted in such development are not of such nature or so located as to
exercise an undue detrimental influence or effect upon the surrounding
neighborhood.
(ix) That all minimum requirements pertaining to commercial uses established in the
planned development shall be subject to the requirements for each individual
classification as established elsewhere in this Title, except as may be specifically
varied herein granting and establishing a planned development use.
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11-15
through 65 ILCS 13.1-1.1(2002), as amended, as follows:
SECTION 1.
The CITY in consideration of each party being bound by the terms, covenants, and
conditions contained herein, upon execution of this Agreement and accompanying Ordinance
approving the Planned Unit Development Agreement does hereby approve this Agreement on
behalf of the CITY.
SECTION 2. DEVELOPMENT OF THE PROPERTY.
It is contemplated that the PROPERTY consisting of approximately 139,889 square feet
will be developed by OWNER/DEVELOPER. Regardless of whether OWNER/DEVELOPER
or a third party acquires or develops any specific portion of the PROPERTY,the development of
the PROPERTY shall be carried out in general conformity with the development standards
hereinafter set forth in this Planned Unit Development Agreement and the Combined Planned
Unit Development Plans and Final Plans.
To the extent of any conflict, ambiguity or inconsistency between the terms,provision or
standards contained in this Agreement and the terms,provisions or standards, either presently
existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance,
Landscape Ordinance,the Subdivision Control Ordinance, as hereinafter identified, or any other
City code, ordinance or regulation, (collectively defined herein as"Development Ordinances")
the terms,provision and standards of this Agreement shall govern and control. These
Development Ordinances shall be the Ordinances that govern this PROPERTY and as to the
dates of this Agreement, and any amendment to the Development Ordinances shall not apply to
the PROPERTY. Notwithstanding the foregoing, if any City code,ordinance or regulation is
hereafter adopted or amended as to life safety issues which are applied uniformly within the
CITY said Ordinance shall apply for that purpose to the PROPERTY.
—3—
All Development Ordinances in effect as of the date of this Ordinance shall continue in
effect insofar as they relate to the development of the PROPERTY, except as provided in this
Agreement. These Development Ordinances shall be frozen from the date of this Agreement and
any amendments to these Development Ordinances shall not apply to the PROPERTY for a
period of five years from the date of execution of this Agreement except as stated for life safety
issues.
Fees and charges may be assessed against the PROPERTY provided any such fee or
charge is or shall be collected by the CITY on a uniform basis from all OWNER/DEVELOPER,
users and developers of property within the CITY. The CITY shall not increase the amount of
any fee or charge for building permit fees, occupancy permit fees,plan review fees, inspection
fees, utility fees, application fees or use fees for the PROPERTY unless such increases are: (i)
made generally applicable to all OWNERS/DEVELOPERS,users and developers of property
within the CITY; and(ii) such increases are reasonably related to increased costs incurred by the
CITY in providing the services for which such fee is assessed. All landscaping and final grading
on individual lots shall be the sole responsibility of the person or entity seeking issuance of the
building permit for such improvement or the person or entity who are the
OWNERS/DEVELOPERS of an individual lot on the date when such improvements are required
to be installed, and OWNER/DEVELOPER'S responsibilities relating to such activity shall be
deemed assigned to and accepted by said applicant or subsequent OWNER/DEVELOPER.
A. APPROVED P.U.D. PLANS.
The following combined plans for the PROPERTY have been reviewed by the
Yorkville Plan Commission and the City Council and are hereby approved by the CITY:
(i) P.U.D. Site Plan(Exhibit`B-1") ("P.U.D. Plan");
(ii) Preliminary Landscape Plan(Exhibit`B-2");
The P.U.D. Site Plan, and Preliminary Landscape Plan are sometimes referred to
collectively as the"Combined P.U.D. Plans". The Combined P.U.D. Plans are approved by the
CITY in their entirety and any provision or requirement contained in any ordinance,regulation,
directive or procedure of the CITY exclusive of this Agreement, in conflict with any aspect or
element of the Combined P.U.D. Plans shall be deemed varied hereby so as to conform with and
permit the development,use,maintenance and operation of the PROPERTY in substantial
conformity with the Combined P.U.D. Plans. All references in this Agreement to a lot number
(i.e., Lot 1, Lot 2, etc.) shall mean the corresponding lot as identified on the Final Plat of
Subdivision and P.U.D. Plan.
B. OWNER/DEVELOPER has represented to the CITY and the CITY acknowledges
that the lots identified on the Final Plat of Subdivision may be changed in the
future. Any Final Plat of Subdivision("Final Plat") shall be in substantial
conformance with the P.U.D. Plan if the Final Plat meets the bulk lot standards as
—4—
provided in Section Two of the Agreement. Changing the location of the lot lines
shall not be considered a change of the P.U.D. Plan or this Agreement so long as
the Final Plat meets the bulk standards as provided in Section Two of this
Agreement. There shall be a time limit of twenty(20)years between approval of
the P.U.D. Plan and submission of the Final Plat for approval by the CITY.
OWNER/DEVELOPER shall have the right to subdivide and resubdivide the
PROPERTY into lot configurations other than as shown on the P.U.D. Plan or
Final Plat of Subdivision, so long as each such lot so platted complies with the
requirements of the Yorkville Municipal Code, except as amended by or
otherwise provided in this Agreement. A resubdivision of any approved final plat
of subdivision shall not be considered a change to the final plat.
C. APPROVED FINAL PLANS
The following combined final plans for Lots 1 through 3 on the PROPERTY have
been reviewed by the City and are hereby approved by the City:
(i) Lot 1 through Lot 3 P.U.D. Site Plan(Exhibit"C-1")
(ii) Lot 1 through Lot 3 Final Landscape Plan(Exhibit"C-2")
The Lot 1 through Lot 3 Site Plan, and Landscape Plan, are sometimes referred to
collectively as the"Lot 1 through 3 Final Plans". The Lot 1 through 3 Final Plans are approved
by the CITY in their entirety. The Final Engineering Plans are required to be reviewed or
approved by the CITY as a condition precedent to OWNER/DEVELOPER applying for and
receiving grading, foundation,building and occupancy permits on Lots 1 through 3,provided
DEVELOPER complies with all requirements for obtaining such permits as provided in the City
Codes, except as amended by this Agreement. The Lots 1 through 3 Final Plans are approved by
the CITY in their entirety and any provision or requirement contained in any ordinance,
regulation, directive or procedure of the CITY exclusive of this Agreement, in conflict with any
aspect or element of the Lots 1 through 3 Final Plans shall be deemed varied hereby so as to
conform with and permit the development,use, maintenance and operation of the PROPERTY in
substantial conformity with the Lots 1 through 3 Final Plans.
D. RESUBDIVISION
Any lot may be resubdivided in conformance with the Plat Act from time to time
into two or more lots after or concurrently with the initial final plat of subdivision for each such
lot. In the event,however, following the approval and recordation of the initial plat of
subdivision of each Lot contained within the PROPERTY, OWNER/DEVELOPER shall be
entitled to resubdivide each such lot without further Plan Commission review provided the
following conditions are met:
—5—
(i) All resubdivided lots shall comply with the standards of this Ordinance;
(ii) Each resubdivided lot shall have access by way of fee title or recorded
easements of record in form reasonably acceptable to the CITY to:
1. A public street for ingress and egress;
2. Water mains;
3. Sanitary sewers;
4. Storm sewers;
5. Electric distribution facilities; and
6. Such other public utilities as may be necessary and appropriate for
the use and occupancy of such subdivided lot.
(iii) Utilities for which easements shall be necessary as set forth in(ii), above,
shall be installed and accepted or collateralized in accordance with the
Yorkville Municipal Code.
(iv) Each subdivided lot shall have sufficient off-street parking located thereon
as provided in the Yorkville Ordinance or have access to and use of off-
street parking on other portions of the PROPERTY by way of easements
as provided in Section 211(ii).
E. ARCHITECTURAL ELEMENTS
Any changes to the elevations for Lots 1-3 prior to receipt of a building permit
shall be reviewed and approved by staff if the revised elevations comply with BOCA code
requirements.
F. LAND USE FOR THE PROPERTY
Except as otherwise provided in this Agreement, the development and use of the
PROPERTY shall comply with the standards established under the`B-3"zoning classification as
set forth in the Yorkville Municipal Code. If there is any conflict between the regulations of the
Yorkville Municipal Code, as amended from time to time, this Agreement shall govern, as
provided by Section 2 and 5 of this Agreement.
(i) Uses. Those uses listed in Exhibit"D" attached hereto shall constitute
permitted uses or special uses on the PROPERTY (individually a
"Permitted Use"and collectively the"Permitted Uses"). Any uses not
listed in Exhibit"D" shall be deemed special uses and shall require
subsequent application by the applicable OWNER/DEVELOPER pursuant
to provisions for special use under the Yorkville Municipal Code. The
permitted uses and special uses listed in Exhibit"D"shall survive any
—6—
amendments to the Yorkville Municipal Code. Any application for
Special Use shall be processed in conformance with the Yorkville
Municipal Code.
(ii) Building Height. The maximum height of any building or structure shall
be thirty-five feet to the top of the parapet wall, exclusive of the screened
rooftop mechanical equipment and its aesthetic architectural features as
measured from the average finished ground level at the perimeter of the
building.
(iii) Setback and Yard Requirements. Building and Landscaping setback
requirements from public street rights-of-way, roadway easements and
adjacent land uses for each lot within the PROPERTY shall be as
identified on the P.U.D. Plan attached as Exhibit"C-1". If IDOT requests
DEVELOPER to convey property or condemns property for additional
right-of-way, the required setbacks for the PROPERTY as shown on the
P.U.D. Plan shall always be measured from the existing property line so
that the PROPERTY shall continue to comply with this Agreement and
shall not be considered non-conforming by the CITY. The development of
the property shall conform with the building setback,parking setbacks,
and landscape setbacks stated and depicted on Exhibit"C-1" attached
hereto and incorporated herein by reference.
(iv) Number of Buildings. Each zoning lot may contain one principal building,
together with any accessory uses.
G. PARKING AND LOADING BERTH REQUIREMENTS
Except as expressly deviated in this Agreement, the off-street parking regulations
shall be governed by the regulations provided in Section 10-11-1, 10-11-2 and 10-11-3 of the
Yorkville Ordinance in effect at the time this Agreement is enacted. These parking provisions
shall apply to the PROPERTY, notwithstanding any later amendments to this Section by the
CITY. Parking spaces shall be a minimum of 9 feet by 18 feet.
(i) Drive-thru: Any facility containing a drive thru drugstore shall contain
stacking for a minimum of 3 cars per service window.
(ii) Location of Parking: Parking for any use can be located either: 1) on the
lot upon which the use is located; 2) on other lots of the PROPERTY with
a properly recorded cross-access easement for parking between the two
lots.
—7—
H. PERIMETER LANDSCAPING AND BUFFERING
(i) The PROPERTY and each lot contained therein shall be landscaped in
substantial compliance with the Final Landscape Plan attached hereto as
Exhibit"C-2". The OWNER/DEVELOPER of each lot shall only be
responsible for installing and maintaining that portion of the perimeter
landscaping identified on the Perimeter Landscape Plan located upon such
OWNER/DEVELOPER'S or Developer's lot. The landscaping for each lot
within the PROPERTY shall be installed prior to the issuance of any
occupancy permit for the principal structure on such lot,weather
permitting, or, in the event of adverse weather conditions,within sixty(60)
days following the commencement of the next successive planting season
following issuance of such occupancy permit.
(ii) Perimeter landscaping may be phased. However, said landscaping shall be
installed on a lot by lot basis prior to the issuance of a final occupancy
permit for each lot. The landscaping for each lot within the PROPERTY
shall be installed prior to the issuance of any occupancy permit for the
principal structure on such lot,weather permitting, or, in the event of
adverse weather conditions, within sixty(60) days following the
commencement of the next successive planting season following issuance
of such occupancy permit.
The perimeter landscape standards set forth in this Agreement and in the
Perimeter Landscape Plan shall be the only perimeter landscape standards
or ordinance applicable to the PROPERTY.
I. INTERIOR LOT LANDSCAPING
The interior lot landscaping plans to be submitted to the City Staff pursuant to
Section 2F of this Agreement shall contain all of the information reasonably necessary to assess
its compliance with this Section of the Agreement. Such plan shall be in substantially the same
format as the Perimeter Landscaping Plan.
J. BUILDING AND PARKING ENVELOPE
The P.U.D. Plan(Exhibit`B-1") identifies envelopes within which the building or
buildings and parking lot on each lot within the PROPERTY may be constructed("Building and
Parking Envelope"). The purpose of the Building and Parking Envelope is to provide reasonable
flexibility in design, configuration and location of the commercial buildings within the Building
and Parking Envelope. The actual building footprint and parking lot location for each building
—8—
constructed within the PROPERTY may be adjusted to meet the reasonable needs and
requirements of the uses of such building provided such building footprint and parking lot
location is located within the Building and Parking Envelope as identified on the P.U.D. Plan.
K. EXTERIOR LIGHTING
All exterior pole mounted lighting constructed on the PROPERTY shall not
exceed a maximum height of 30_feet, measured from the pavement. Said lighting shall be white
light, downcast, not to exceed an average of seven(7) footcandles. DEVELOPER may place
accent lighting, at its sole discretion, to illuminate the building and any of the lot's entrances, so
long as the light leaving the site does not exceed City Code.
SECTION 3. ROADWAYS, STREETS AND ACCESS.
A. ACCESS LOCATIONS
(i) Approval of access points by the IDOT must be obtained prior to the
issuance of a Certificate of Occupancy by the CITY.
(ii) The CITY shall use its best efforts with IDOT to obtain the access points
to the PROPERTY shown on the Final Site Plans (Exhibit"C-1").
(iii) The CITY shall use its best efforts with to cooperate with the owner of the
adjacent property to the south and east of the Property to secure a cross
access easement to the adjacent development for the benefit of public
health and safety.
B. CITY COOPERATION
As to those locations over which the CITY has jurisdiction, the CITY shall issue
all necessary approvals and permits for curb cuts and access locations,pursuant to any
application for a Final Plat of Subdivision. As to all other curb cuts and access locations,
OWNER/DEVELOPER or subsequent lot OWNER/DEVELOPER shall be responsible for
obtaining all necessary approvals and permits from the governmental authority with jurisdiction
thereover and the CITY shall fully cooperate with, and exercise its best efforts in support of,
DEVELOPER or subsequent lot OWNER/DEVELOPER in obtaining said approvals and
permits.
SECTION 4. CHANGES TO THE PLANNED DEVELOPMENT.
The PROPERTY shall be developed in substantial compliance with the Combined
Planned Unit Development Plans and any final plans or plats approved by the CITY. Changes to
the Planned Development hereby approved shall be evaluated and processed as follows:
—9—
A. DEFINITIONS
(i) Major Changes: Major changes shall include any changes to the Planned
Development which require an amendment of this Agreement,or any other
change for which a public hearing is required by law or by the Yorkville
Municipal Code, except as specifically provided herein.
(ii) Minor Changes: Minor changes shall include any change not defined
herein as a major change or a technical change. Minor changes shall
include,but not be limited to, changes to the Combined P.U.D. Plans, Lots
1 through 3 Plans or approved Additional Plans and Materials that do not
alter the intent of this Agreement. A substantial resubdivision of the entire
PROPERTY of an approved Final Plat of Subdivision may be considered a
minor change of the P.U.D. Plan and the Final Plat of Subdivision and
require Plan Commission and City Council approval,but no public
hearing.
(iii) Technical Changes: Technical changes shall include any change to the
engineering plans and specifications, and any change to the building plans,
which is determined by the City Engineering,Director of Public Works,
Building Commissioner,Fire Chief,Director of Planning or Director of
Economic Development as the case may be, to be: (i) in substantial
compliance with the Combined P.U.D. Plans as approved by the City
Council and; (ii) in compliance with the Yorkville Municipal Code,
except as specifically varied or deviated as provided in Section 2 and 5 of
this Agreement herein. Technical changes shall include,but not be limited
to: 1)relocation of any road, sidewalk or easement; 2) alteration to any
Storm Detention Facility.
(iv) Items Not Considered Changes: The CITY acknowledges that any change
of lot lines from the P.U.D. Plan to the Final Plat of Subdivision shall not
be considered a change of the Planned Unit Development Agreement.
B. PROCEDURES
(i) Major changes may be approved by the City Council after public hearing
and recommendation by the Yorkville Plan Commission pursuant to
submittal and processing of a petition to amend the Special Use as a
Planned Development and a petition for preliminary plan approval, as set
forth in the Yorkville Municipal Code. Major changes shall only require
approval by a majority of the City Council.
—10—
(ii) Minor changes may be approved by the City Council without Yorkville
Plan Commission review or public hearing. Minor changes shall only
require approval by a majority of the City Council.
(iv) Technical changes may be approved by the City Engineer, Director of
Public Works,Building official, City Administrator, or other City
personnel so empowered by the City Council as the case may be.
SECTION 5. DEVIATIONS.
To the extent that any element of the Combined P.U.D. Plans, Lot 1 through 3 Final
Plans,Additional Plans and Materials, final plans, final plats, or this Agreement, deviate from the
standards of the Subdivision Regulations,Zoning Ordinance, Sign Ordinance, Landscape
Ordinance or other ordinance of the CITY, or any amendments thereto, or any other City of
Yorkville ordinances, appropriate deviations, exceptions or("Deviations")to the applicable
ordinance shall be deemed to be granted hereby.
SECTION 6. ON-SITE EASEMENTS AND IMPROVEMENTS.
A. EASEMENT REQUIREMENTS
All landscape,public utility, drainage, cross-access and related maintenance
agreements, and stormwater detention easements to be granted to the CITY upon, under and
across portions of the PROPERTY shall be established through the recordation,by the then
OWNER/DEVELOPER or OWNERS/DEVELOPERS of the land affected, of an as-built
easement plat,plotting the location of each easement granted based upon the actual location of
the utility line, structure or basin as constructed. All such easements required for the
PROPERTY shall be established as aforesaid prior to the issuance of the first occupancy permit
within the PROPERTY.
B. UTILITIES AND OFF-SITE ROADWAYS
All utilities may be phased. Any lot to be developed shall provide minimum
utilities acceptable to the City Engineer. DEVELOPER acknowledges that utilities constructed
during further phases of development may enhance service of lots already developed and may
require abandonment of previously installed utilities.
SECTION 7. OFF-SITE EASEMENTS AND CONSTRUCTION.
CITY acknowledges and agrees that stormwater detention required as part of the
development of the PROPERTY may be located either on the PROPERTY or"off-site", so long
—11—
as OWNER/DEVELOPER obtains a written recorded easement for drainage purposes and
submits the same to the City Engineer for approval. The detention provided for the PROPERTY
shall meet applicable City ordinances.
SECTION 8. SANITARY SEWER SERVICE.
The CITY shall allow OWNER/DEVELOPER connection to the sanitary sewers as
required by the City Engineer. The CITY represents and warrants to DEVELOPER that it owns,
operates and maintains a sanitary sewer system within its borders of the subject PROPERTY,
which mains have at this time, sufficient capacity to accommodate the anticipated sanitary sewer
requirements of the PROPERTY to the extent the PROPERTY is developed in accordance with
the P.U.D. Plan. The CITY shall cooperate with OWNER/DEVELOPER in obtaining all
necessary off-site easements and shall grant OWNER/DEVELOPER access to all CITY-owned
rights-of-way to enable OWNER'S/DEVELOPER'S provision of sanitary sewer service to the
PROPERTY. OWNER/DEVELOPER shall restore property affected by off-site extension of
sanitary sewer lines to its condition existing prior to said construction.
SECTION 9. POTABLE WATER SERVICE.
The CITY represents and warrants that it owns, operates and maintains a potable water
supply and distribution system within its borders and water mains within the right-of-way along a
portion of the perimeter of the PROPERTY,which system and mains have, sufficient capacity
and pressure to accommodate the anticipated potable water and fire protection needs of the
PROPERTY to the extent the PROPERTY is developed in accordance with the P.U.D. Plan. The
OWNER/DEVELOPER agrees that at least two sources of water shall be available for the
property as indicated on the Final Engineering Plan. The CITY shall cooperate with
OWNER/DEVELOPER in obtaining all off-site easements necessary and shall grant
OWNER/DEVELOPER access to all CITY owned right-of-way to enable
OWNER'S/DEVELOPER'S provision of potable water service to the PROPERTY.
OWNER/DEVELOPER shall restore property affected by off-site extension of water lines to its
condition existing prior to said construction.
SECTION 10. PRELIMINARY GRADING AND PREPARATION OF THE
PROPERTY FOR DEVELOPMENT.
A) OWNER/DEVELOPER shall have the right after obtaining approval of Final
Engineering but prior to approval and recordation of a Final Plat of Subdivision,to undertake
preliminary grading work, filling and soil stockpiling,which plans shall be reasonably
satisfactory to the City Engineer, so long as OWNERMEVELOPER complies with the Site
Development Permit requirements of the United City of Yorkville Soil Erosion and Sediment
Control Ordinance.
—12—
B) OWNER/DEVELOPER shall have the right after obtaining approval of Final
Engineering but prior to approval and recordation of the Final Plat of Subdivision,may install
foundations and steel frames for buildings prior to its approval and recording of a Final Plat on
the property only if applicable building permits have been applied for and issued by the CITY.
C) OWNER/DEVELOPER shall have the right after obtaining approval of Final
Engineering but prior to approval and recordation of the Final Plat of Subdivision,may install
underground utilities, only after all necessary EPA and CITY permits for extension of municipal
utilities have been granted in preparation for the development of the PROPERTY.
D) Any such work undertaken by OWNER/DEVELOPER shall be at the sole risk of
the OWNER/DEVELOPER and without injury to the property of surrounding property
OWNER/DEVELOPER. No letter of credit,bond or other security shall be required by
OWNER/DEVELOPER as a condition precedent to the commencement of such work.
SECTION 11. BUILDING PERMITS.
The CITY shall issue building permits for construction of improvements upon the
PROPERTY within twenty(20)working days subsequent to receipt of application therefore. If
the application is denied, the CITY shall provide a written statement within said period
specifying the reasons for denial of the application including specifications of the requirements
of law which the application or supporting documents fail to meet. The CITY shall review and
provide written comments or approve the resubmittal plans within fourteen(14) calendar days of
the resubmittal. The CITY shall issue such building permits upon compliance with those
requirements. OWNER/DEVELOPER may apply for and the CITY shall issue building permits
for portions of the PROPERTY after approval but prior to recordation of a Final Plat for any such
portion of the PROPERTY, and prior to the installation and availability of storm sewer, sanitary
sewer and potable water service to such portion of the PROPERTY. A gravel haul road outside
the right-of-way reasonably deemed satisfactory to the Fire Department for emergency use must
all be in place prior to issuance of said permits. Notwithstanding the foregoing,no occupancy
permits shall be issued for such portions of the PROPERTY until the availability of such utilities
to the structure in question is demonstrated, including a binder course of pavement on the street
fronting the structure seeking an occupancy permit.
Prior to the DEVELOPER, its lessees or successors and assigns receiving a building
permit, a recorded reciprocal easement agreement for stormwater maintenance must be provided
to the CITY.
SECTION 12. CERTIFICATES OF OCCUPANCY.
The CITY shall issue certificates of occupancy for buildings constructed within the
PROPERTY within three(3)working days subsequent to application therefore, or issue a letter
of denial within said period informing the applicant specifically as to what corrections are
—13—
necessary as a condition to the issuance of a certificate. Inability, due to adverse weather
conditions, to install a final surface course on driveways, service walks,public sidewalks, stoops,
landscaping(including parkway trees) and final grading, shall not delay the issuance of a
temporary certificate of occupancy,which shall contain specific deadlines for completion of each
of the items not completed. The CITY shall not issue a final occupancy permit unless the Final
Plat of Subdivision for the PROPERTY is recorded.
SECTION 13. SECURITY FOR PUBLIC IMPROVEMENTS.
A. Approval of any payout reduction of the bond posted to secure certain
improvements, as required by the Yorkville Subdivision Ordinance("Reduction") shall not be
withheld if the bonded improvements substantially conform to the Final Engineering Plan.
Improvements requiring a bond shall be as per City Ordinances and Standard City Bond Forms
for Public Improvements a copy of which is attached hereto as Exhibit"F". If public or private
improvements, grading or landscaping are not completed per plans,DEVELOPER shall post a
bond or letter of credit for 110%of estimated cost of completion or certificate of occupancy may
be withheld as to affected areas of the PROPERTY by the CITY. The CITY shall,within sixty
(60) days from the request for the Reduction and after receipt of the appropriate lien waivers
from the DEVELOPER, either approve said Reduction, or shall notify DEVELOPER in writing
of the reason or reasons for not approving said payout or Reduction. Upon satisfying said
reasons and notification by DEVELOPER to the City Engineer,the City Council may authorize
the Reduction. Neither the CITY or the City Engineer shall require the DEVELOPER to install,
construct or pay for any other improvements not included in the Final Engineering as approved
by the CITY concurrent with the Final Plat approval.
B. Within twenty(20) days following a DEVELOPER's request therefore,
underground Public Improvements, and surface level structures appurtenant thereto, shall be
inspected by the CITY and certificates of completion issued therefore by the CITY upon a
finding of compliance with the final engineering plans pertaining thereto. The responsible
DEVELOPER shall post, or cause the subcontractor constructing such Public Improvements to
post a maintenance bond in the amount of ten percent(10%)of the cost of constructing such
Public Improvements as listed in the Standard City Bond Form attached hereto and incorporated
herein as Exhibit"E", to guarantee the workmanship and materials of such Public Improvements
for a period of twelve(12)months following the date of acceptance by the City Council. Upon
the expiration of said twelve(12)month guarantee period, the CITY shall make a final inspection
of such Public Improvements, and upon the correction by DEVELOPER of such defects or
damage as may then exist effecting the same,the CITY shall accept conveyance of such
underground Public Improvements from such DEVELOPER by bill of sale or such other
conveyance device as may be approved by the City attorney.
—14—
SECTION 14. SPECIAL ASSESSMENTS AND TAXATION. (If there is common
signage, parking, maintenance or detention)
Without the prior written consent of OWNER/DEVELOPER,the CITY shall not,within
ten(10)years from the execution of this Agreement:
A. any special assessment or special tax for the cost of any improvements in or for
the benefit of the PROPERTY except as specified herein; or
B. undertake any local improvements in, on or for the benefit of the PROPERTY
pursuant to the imposition of a special assessment or special tax against the
PROPERTY, or any portion thereof; or
C. levy or impose additional taxes on the PROPERTY, in the manner provided by
law for the provision of special services to the PROPERTY or to an area in which
the PROPERTY is located or for the payment of debt incurred in order to provide
such special services.
D. The CITY shall create a Back-Up Special Tax Service Area to provide for on-site
of the PROPERTY maintenance of detention,perimeter landscaping,ponds, and
common subdivision signage which is located on the PROPERTY only,not off-
site signs, which shall only be activated in the event DEVELOPER or its assigns
fail to maintain those elements of the subject real PROPERTY. DEVELOPER
shall submit a written waiver and consent of the Back-Up Special Tax Service
Area prior to issuance of the first certificate of occupancy on the subject premises.
The Back-Up Special Tax Service Area shall not be levied upon by the CITY
without providing a ninety(90)day advance written notice to DEVELOPER or
any active property OWNER/DEVELOPERs' association allowing them an
opportunity to cure any maintenance default weather permitting or labor or other
force majeure that would delay performance being given consideration by the
CITY. This ninety(90) day notice and opportunity to cure period shall also be
tolled if the DEVELOPER has ordered material to cure the defects but is still
awaiting delivery of that material. The levy sought may not exceed Twenty Five
Cents ($.25)per One Thousand Dollars and 00/100 ($1,000.00) of assessed value.
Nothing in this Section 16 shall prevent the CITY from levying or imposing additional
property taxes upon the PROPERTY in the manner provided by law,which are applicable to and
apply equally to all other properties within the CITY.
—15—
SECTION 15. RECAPTURE AGREEMENTS.
The CITY represents and warrants to DEVELOPER that there are no recapture fees that
are or shall become due and payable by the OWNER/DEVELOPER or DEVELOPER as a result
of connection to any utility or road improvements serving the PROPERTY.
SECTION 16. COMPLIANCE WITH STATE STATUTES.
In the event that any one or more provisions of this Agreement do not comply with any
one or more provisions of the Illinois Compiled Statutes or the governing rules of the Water
Pollution Control board or the Federal or State Environmental Protection Agencies,then the
CITY, OWNER/DEVELOPER, and DEVELOPER, and all of their respective successors and
assigns, agree to cooperate to comply with said provisions which shall include,but not be limited
to, the passage of resolutions and ordinances to accomplish such compliance.
SECTION 17. PLATTING OF LANDSCAPE BUFFERS.
All landscape buffers required under this Agreement may, in the sole discretion of the
responsible OWNER/DEVELOPER,be included within and platted as part of the applicable lot.
In such event,the OWNER/DEVELOPER of such lot within which the landscape buffer is
located, shall maintain, at such OWNER/DEVELOPER'S expense, the landscape material
contained therein following the responsible OWNER/DEVELOPER'S construction and
completion of such landscape buffer.
SECTION 18. CONVEYANCES.
Nothing contained in this Agreement shall be construed to restrict or limit the right of the
OWNER/DEVELOPER and/or DEVELOPER to sell or convey all or any portion of the
PROPERTY,whether improved or unimproved.
SECTION 19. CONFLICT IN REGULATIONS AND ORDINANCES.
The provisions of this Agreement and Ordinance approving this Agreement shall
supersede the provisions of any ordinance, code,or regulation of the CITY which may be in
conflict with the provisions of hereof.
SECTION 20. AMENDMENT TO THIS ORDINANCE.
This Agreement shall not be amended by the CITY without the prior written consent of
the DEVELOPER.
—16—
SECTION 21. BINDING EFFECT, SUCCESSION IN INTEREST.
This Agreement and the Ordinance approving it 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, and upon any successor municipal authorities of the CITY and
successor municipalities. Except as otherwise expressly provided herein,upon the conveyance or
assignment by OWNER/DEVELOPER of its interest in the PROPERTY to any successor,
assign, or nominee, OWNER/DEVELOPER and/or such DEVELOPER, as the case may be, shall
be released from any and all further liability or responsibility under this Ordinance except to the
extent previously undertaken by OWNER/DEVELOPER, or for which OWNER/DEVELOPER
has posted security to perform an obligation in which case OWNER/DEVELOPER shall be
bound to continue to complete its performance unless a replacement bond or letter of credit is
posted by the new OWNER/DEVELOPER or DEVELOPER, and accepted by the CITY which
shall not be unreasonably withheld. In such event the original OWNER/DEVELOPER shall be
released from the underlying obligation to perform. The CITY shall thereafter look only to the
successor, assign, or nominee of OWNER/DEVELOPER concerning the performance of such
duties and obligations of OWNER/DEVELOPER hereby undertaken.
SECTION 22. INCORPORATION OF EXHIBITS.
All exhibits attached to this Agreement are hereby incorporated herein and made a part of
the substance hereof.
SECTION 23. EFFECTIVE DATE.
The effective date of the Ordinance approving this Agreement shall be the date of
execution of this Agreement.
SECTION 24. NOTICES.
Any notices required hereunder shall be in writing and shall be served upon any other
party in writing and shall be delivered personally or sent by registered or certified mail,return
receipt requested,postage prepaid, addressed as follows:
If to the CITY: Mayor and City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge St.
Yorkville, IL 60560
—17—
If to OWNER/DEVELOPER: Progress Holdings,LLC
Attn: Wade Joyner
407 W. Galena Blvd.
P.O. Box 1625
Aurora, IL 60507
or to such other addresses as any party may from time to time designate in a written
notice to the other parties.
SECTION 25. ENFORCEABILITY.
This Agreement shall be enforceable in any Court of competent jurisdictions by any of
the parties hereto by an appropriate action of law or in equity to secure the performance of the
covenants herein contained.
In the event any portion of said Agreement becomes unenforceable due to any change in
Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall
be exercised there from and the remaining portions thereof shall remain in full force and effect.
SECTION 26. ENACTMENT OF ORDINANCES.
The CITY agrees to adopt any ordinances which are required to give legal effect to the
matters contained in this Agreement or to correct any technical defects which may arise after the
execution of this Agreement.
—18—
If to OWNER/DEVELOPER: Progress Holdings, LLC
Attn: Wade Joyner
407 W. Galena Blvd.
P.O. Box 1625
Aurora, IL 60507
or to such other addresses as any party may from time to time designate in a written
notice to the other parties.
SECTION 25. ENFORCEABILITY.
This Agreement shall be enforceable in any Court of competent jurisdictions by any of
the parties hereto by an appropriate action of law or in equity to secure the performance of the
covenants herein contained.
In the event any portion of said Agreement becomes unenforceable due to any change in
Illinois Compiled Statutes or Court Decisions, said enforceable portion of this Agreement shall
be exercised there from and the remaining portions thereof shall remain in full force and effect.
SECTION 26. ENACTMENT OF ORDINANCES.
The CITY agrees to adopt any ordinances which are required to give legal effect to the
matters contained in this Agreement or to correct any technical defects which may arise after the
execution of this Agreement.
—18—
IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this
�AG'iday of �1''\-i-V- ui , 20�d.
CITY:
THE UNITED CITY OF YORKVILLE
By: ��a4l
MAYOR
l
Attest:
ITY CL K
—19—
OWNER/DEVELOP :
PROGRESS 0 D GS, LLC, a Wisconsin Limited Liability Company
By:
Attest:
Dated:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
—20—
EXHIBIT LIST
Exhibit A - Legal description of property
Exhibit B - PUD Plans
Exhibit B-1 - Preliminary PUD Site Plan
Exhibit B-2 - Preliminary Landscape Plan
Exhibit C - Final PUD Plan
Exhibit C-1 - Final PUD Site Plan
Exhibit C-2 - Final Landscape Plan
Exhibit D - United City of Yorkville B-3 Business District
Exhibit E - Bond Form
LEGAL DESCRIPTION
THAT PART OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH , RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOW: COMMENCING AT
THE INTERSECTION OF THE CENTER LINE OF U . S . ROUTE 34 WITH THE EASTERLY
RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 04 DEGREES 52 MINUTES
00 SECONDS WEST ALONG SAID EASTERLY LINE OF ILLINOIS ROUTE 47, A DISTANCE
OF 425 .04 FEET FOR THE POINT OF BEGINNING ; THENCE NORTH 04 DEGREES 52
MINUTES 00 SECONDS EAST ALONG SAID EASTERLY LINE 425.04 FEET TO THE CENTER
LINE OF U . S . ROUTE 34; THENCE SOUTH 83 DEGREES 46 MINUTES 47 SECONDS EAST
ALONG SAID CENTER LINE 385.72 FEET; THENCE SOUTH 06 DEGREES 13 MINUTES 13
SECONDS WEST 400 FEET; THENCE SOUTH 79 DEGREES 59 MINUTES 12 SECONDS WEST
62 .46 FEET TO A POINT SOUTH 85 DEGREES 06 MINUTES 00 SECONDS EAST 315.80
FEET FROM THE POINT OF BEGINNING; THENCE NORTH 85 DEGREES 06 MINUTES 00
SECONDS WEST 315.80 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART
ACQUIRED BY THE DEPARTMENT OF TRANSPORTATION OF THE STATE OF ILLINOIS
THROUGH PROCEEDINGS HELD IN THE CIRCUIT COURT FOR THE. 16TH JUDICIAL CIRCUIT
AS CASE 74 ED 3) , IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS .
�x
b�4
''ail
FINAL P.U.D. PLANT , OF ,
FOR
: 5 : YORKYILLE M4Wff T SQUARE
SITE LEGAL DESCRIPTION
LOCATION
1 $ Mr.str ar M YoaraEST aYKra ar K[Tlm 1.1—.T� 1.IT Ymrx.arY[
K.( i M [M[Cilm m M Kri[t L'K Y IaIIT[H mM M U[T[IILY`t
•IMT>«IY LIK K ILllr;i WTL IT:MY[L TmM m K—t:YIyT[f
5 m K[CKf EfT Y.[K NI[L1aTll►Y lIE[[ILLIm11 NYtt.l..m3TYY[
JS O.n.m IL[T(m M AIYi Y K[Iwlr.MKL[mix W KN[[i K
.• Ylaui[f m YmY[3[KT K>Lla U3TPLY LIK Ia1.m iLLT h M KYTq
lIK K Y t IIlUT[>•:MK[teYIM N Km[Lf M YI K—Ll 1.1 111
.':.. w+.w `:�Y rItl NIt T[YT[a LIK atl.ra I([TI MK[ I N—I la YIYITT(t la
Kmm3
-IT.[[I[lT;MI<1 1rIM 7•KaEL3 N rrli[3 IL Kfbef KIT
N.N ILw[i TO.q•K fYRx tl Km[[3 K YIYVT[f m Kc1Yp[tlT)Il.m
`IC�,A [[i♦ M Il K KIIK•N:MK{ra,x tl KM[[t N-1 m
�.'■` Kmmf KIT a;f.N I[(T TO M AIRT Q•Kal IT T s'.. Mi.NT
a[W IKt n TE tpmMn([Tamf.mnTlm>M fiatt a<ILLINI!
ML TIrYIW Laa[L{tlrf Klt IY M[IaWIT Ctlrt Im M IIM A[IICIIL Llamll
raLYSxI1 m wlsia.rrlll crrrY.ILLlrn. s u s as
if
'j 1 - m=3 I
s /i_A
/
34T
ZAP
_ � !� / r i ri�.. [YUTL[YkagE[m • U p L �[iT
i Y •7 I�# � � O 0 T n.
1
GAS a i
a = r 1 Y sraTION ,. .
T[Y V !1
R ' ° OMAI 6
;h�r pr C ERplL BUILD �I
:'w�'"'r"a - a• .. i;i� 'r.: 7 f$P116 SF •O r m. w,wlr
MIL. i,,'#,
am v. ti; sr a[m:YYO 1 Y�
:I f•.re _
'D• nr.l YY.Kt
ID an
aeY.v
r.aYrle InutYY a. ar sTaal w
fTealY[A O I�II[[K•[[1(a
FM
K Itl1Ym
Y[Yg (a'CYI mI[U,
K�TTaltllllT YYYmpIT-KDIam q,lE YrYLi. atrnYa.!La lle[-[KL
nY°MirsYY mrn�la°'rL I qK AIYIW�[tjv[SPI°[
[ctY�T� +nmm n nw yr
t oKae avatYlf seK Iccall rL K ar w m tsl tr, w.+.r Ir(+.[ PROGRESS HOLDING$
rrn m< aw �°.TL31pM xo+ aw x«t 4277 BLACKSTONE COURT
a AaC r Yowo Y awl K«t r m«
-2 «� uN al� n i MIDDLETON• NASCONSIN 53562
(608) 849-6304
aax ro rNY«t s(Ta.os rre ualm
�w�[mm INis s aoTa'[[.�.m r'iuLw�
a � gm�a� n,u[o aa[RENT taws an OF raK.uc a-a CEMCON, Ltd.
L«rllt aa•.«,W aI...Y..Y«xY
a ATOIar[nnT.aN a(a[aaol w[Y.[(
w.a-r.w•[tnc Yort-s-Y.Y rui wm r«.aw: aKm-[ta
.![II. N[(aaauam alaMa�aM
tat Ma: !\1e�t 1[[1«YL M\I•YL Ills Ilw „ ✓'�
MKII ar. n nA r./w xD.:
?0=3 1
LOI.TLam MTL K-It-a[ as M1 lY•m1
[[IV:Y/a T[R 1aYt.11a AM �
IhSOa nLN-W/b•Y ET®IOT a a1E RMI "8� 1
4 Om<��.tl rMYw.r
FINAL P.U.D. PLAN , °`
�;4 FOR
. . YORKYILLE MARKET SQUARE
�.�.a��rr 1.
,,.a• f �� SITE LEGAL DESCRIPTION
�,+ a, L40 A77ON
MT rMT Of M IpiK[aT OYKT[r°KCTIOn» r))rDrin,r.K[
t r ;. ;I�.Ir:T[nTllli(n.lw..;i'u.ni::�ra w[u`i':wI iI:'.'M uifo:.•r
o v.L.11 girl olo wtt T GO sours oL K(K[s�
ao ue°of KsT.LaK i.l[[uttrL.LIK v IulKli OtllrF•T. O:sT.K(
KOIMIK:Mu[[OKM W KMK[]Oa
` I YI WILf W WIDE!KT Y°M L STrwLV LIK•».M r[[T TO M QnG
IIWTL N:MK!{WTn[3 KM[[)M YIWtti•1 KCOKI[T.tr
31 'f, w . ., .LCW f.lO C[Irter LIK 3aa.Ti IEEi:MOU fWTn O{K.K[!I]nIWTCi la
KCKOf[[iT•OO r((tt:__`p. l0 IT I N III WT[i la KCOnOi KiT
aa.•a re[T r0.rol I K KDK[f O.III WT[i W ilOOWI LYT)If.p
�/r/+�e��rD.rt/�,r�r f 00
Ile.�tl ill l II1L1le KC°ei EfT)I1..1.1 TO M'r011lr"LOT KO MIK,lI.—— rK
-.\ KWIKO it TIF OtlYTKa Or IIIYSMIr.TI°I Or T.IT..Or IIIIKIf
•Iep1rM rfgfi[DIKf KLO In M CIKYIT—1 1.M 1 rr[4 II l
Dal
t C.K 1•(p)1.In TK TOwwIIr Or KI ir0..KW4L Saul • LL WIf. b 1. IT b
T)
sz 1, / '•L„rIt +% ROUTE
baDlmYr° ,n ,�• f _> -� 1 ,.Z_�f"'', •. - °„11 a➢6) '+.•' `•^aK*0'•�.c ♦
_ ��1 ~�-�! If'i'� � �� 'j is// ��sA• •of a [ ... Yie_" _"� - .� p �C+�
r„-•,a+;`• 1 � I . I,r': '� %T to-dlJ� / y .,�i t �^_\ �--.��(,p�,J,/��=� �„ �-
I l /
�� //' • 0A i �' - 1 De.w�r[[fL°il]e(Sw+T .P a J ` fA00D
. 3P Ml, s .49 .:j ! �_" y�'=�~ -....„...._ , .•' r,
m-tesarf 1 I I ri: j•'"sr/ `..',.
to
•a i GAS 8
STATION ■
i �5'� I DDIT I Y \ C araTr _
COMMERCIAL BUILDS
-44016 SF
n,r
—
.
�._: .I!iit/_ii! �' .f-r __ 3�.. 9 `,.C•f..... r rs► L P
.__. IT jl ['Mt'w
%'..-- u`..°i i slon.sna „• °'• roll[.ra[
I 1 err
esi..a
]rwrsri:wm°ali rn °siw w
_ woem Ireol[Iaw sKCUt-.ana
IDIw Dlrasv)
I.irorro nDl.mor-amr.ol tau( Tana::IT.K.PSe.ur
s[aDm[r an°rm[onl.r[i sL[L Yor4W M°kft Sglof
f> _ .curl°m�iMDSraln s w'� Sh And)•i[
ssnKy w..:.:I r.'„:i r`s„. vuErnnm tort
:nK.f rKODns DeK K rton.a K „..
M-(;!"is ."w.•n`°°° PROGRESS HOLDINGS
fma,aw<K`°nI1N0�oa' °sR1°"i° f,,,b o,_ b.w 4277 BLACKSTONE COURT
sec K.OIT n DIrL K DsT:am. _�; 'I.- :O0 MIDDLETON, WISCONSIN 53562
.amoo•ns siw unm art v sTa..I( ro
nit r.L.ar is.b
ae.nn°s a' b (608) 849-6304
scare Ito r.DDls snrnls wow u.Im
uaurt•).ID us.ort)•.K La.rnm m°I _
„ii?.rFD W4°OOr KD.fibBpL _
CURK"TZO—Q-aTYGr CEMCON, Ltd.
an o°[TSOw,�[1Dicx K„ED.lo wvlw.L v x I9°�11II
a roronrl Inn(sw.wuDna I.ru rK e® azK�ws.or�ca.�su=ioo°[a�i
�trsrt-+D.L•Innr.es«r-v-Kr w.r wo QQQVVV✓✓✓�JJ OA�)��-� ru¢anra�lw
ox na: cnnlms ru nLK: rw\rrin no n.n `
caseseilon nsT[: m-r[-o. roe lo, 70•.IN
L]IU:n/. TID. rrl[qe 11/11
n[DSm vro.-o•psn Kws[o for s slrt run t� - � l(
N
�o +sue
Z
W.raoo
I �
IU.S. ROUTE 34ritays
RI6MT--qF uy
.: ap
t94o p 3 3/ ! I SM4 zPA. --
. 3AP 7FA
."°
zouW 31u�
wQ
lij
IIAC
vs �u
.� 9 .
S'M
Lar 0 �
f .' +• 9 g T4A16
in I1
ao
O
I 3
w"t- JVW L" uAO i r' TA.A S A T1ON
Lnt r
SAi
i.q`Y{
IM lion + s 1
A .
Ur um6 . VA p
{xsA^• a.. '.e I \IPA
COMMERCIAL BUILDING
Sou *9,648 SF o r
sM ` r- i kn
lj o -
SAO- 11RA JK PA 400 = m+ y+ MA p s e Cr4 TA
006m LINE
6Ll�F. J kaW l(omooN NAIM $1$E VY UNE
h6lr6 G0wc"-1R0WKY WAKE- 13
RR Amt,kuu+tst.G¢AkoolLx•,E'auanwsuwhrc,�'/�exrc�r� fib' 17� �'
C,V- (AurmAGrosns'rner co6es�si/t Arxa<t:ar�o 4ulss 34At-,c*4w xV O Deuwous ter
A CtAwf Vs kg UUtuA'AvrMeNPK"/kM*AVt V&' ZD
' tfo';^IF= .�r�^21A►!•A:.6t5ej.1. A4SG� ^ir' ... 1� I t",;.,'.'._"-�•:.+;.
Oi+ ti`i0f-W�In6it aiWt•C '}'t'!
PL F+(0.u5 uttEwu�A'utAUnuEC4r/c++nnrrctr.�l ncA� 2�/• 9 +
Pv. D,AtarLkro vrd4etltm/Strrrc�+aaAaS 34AlCrNrAwct_LIS tv�aN,a I iceE
QIII.(aVc"¢d+ WPLCD DAB Zr�A 8
RA ILtw naanAncA'bR,tmJ/bR,t sun gc 34" 5 C crew saevas
(!,D lASA'0rt0AMWWW-/SftA ROSE s ZSD
R1 RN1tS?`l PNlurt'UWUw�(It'�LANtFrL4APUl-AL 31,0 36 � b�GDVO1lSSfIRVGS
4h AMEttcquAll40ALS0FuAro�I, 1r1 $ %47
5' 29 OtuM6�Al bu6-s
W, Wv9wun)7tw0ll/JkDo VibutNDm 3a` 18
v�aawra.slAran+ws
PWAQ-U 6N'TILACOf F.T"ja-DA`V"AK LAN0&A0r V0941'S L3D 5SY'38SY GOK pt06ltzs b4wN o
�tC-2 rr
N
10
ON ,
_ I M
zomma
IU.S. ROUTE 34
oJdrr Ac-
,3 t9Qo p I 4AIt
zoma
+ .►sn CAI goo
SAX, �.
yN
Lrr O'�s Sls
• Y
H . V
3 a° i4A
� b 7R{
0 1
3
mi u uaa I. a CPA GAS
TA STATION
SAi
.su ra ® a
A p I C
i ♦ NAIr
was 9°N I.
3K S • b s .�, .a � � .la
NOR
IPA
9w COMMERCIAL BUILDING •"` = ��
19,648 ° r
yk SF .
� Iry
F
IAA L' rN £ s �r• '� . .. L°A
P Imo,
3AA_ IIAA W 3MA 40A f+t°
ccmvm 3,eK 'm Uc TA
PPRV LINE
R88Lm LA4lA1/Gormou Fw1A6 $ICE Qty UNE
(4L A61% Cem("—/NDIWAy SPWcs 81 S
AG Am tkti+Lt+t�G¢AreR►LwA'AVNnw 6uu u►�cE` wtc c rr�Y %, 17_
PiP� AC.E4:ILU6Rb1oI12EDSN.iS�!'/REG A'u�/1& ZI/y° 19
GK U+u►nuG►Psns'rAp cosesmi/FSAt�tctart v 4999 34M-.urrrMua�e9 O DEGIDVDIts108r
I°R GI/4X iN�sAMEL4[ANA'Af>�ANOI�A6�NMttE k5M Z&, ZO
011 l4yDRAN6EAr wtcth wIY66WGL.elAAwALGA&Wfir-"Awa-A W It"
RG P`fIWS UUEC+/AuR'ckANnuscJ/CNlwrtuce� 214-• 9
Pv Mw Itxm vIrL4Atltm/SwtTa+6aAS5 34At.lAOM10-49 Ev�ale�w t
CA(.GvEfLUS UtPl RfO DAB Zlft° 8
as ILW AZMI%tA'bR►ia//bw-J-WSKM4(, 34" 64 EV04 w SWMIS
I,o-P tM6 Mluoet-/Saud Date $1, ` 260
RC ANUS �lP4tINR'1MKIwA?tF/�lquc6-L4AGSUrhlt; 3V 36 Q WwooviSStNies
'CILIR.RtgE¢tGAuA/ushA(G�,UNOrw
,o-•6LtQA otUPf�+R1uS'tECLwkIll=�uyAkbiwll�K ° 28 ''�; D1NN16�►ALbahSSES.
� v,gvlwun A7AOon lJla,vo VIBuaN�m _
V�e�u.ua.slAR►•rwe.5
r- Grr4•,•1001 c.Mw.Lll N rqb nr.
PWAV-60 aN,Tj-AGGM r,,Tv v6r,DA,(P"AK L NP&Aor PIZ14 5 G3D S5Y�8S�!GeI�OReb[rSS NiI pN
a- 2
10-7D-1 10-7D-1
CHAPTER
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking And Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural implement sales and service.
Appliance - service only.
Automotive sales and service.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
January 2000
City of Yorkville i ��
10-7n-1 10-7D-1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini-warehouse storage.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
Park - commercial recreation. `1
Plumbing supplies and fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Truck sales and service.
January 2000
City of Yorkville
10-7D-1 10-7D-4
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1995-19, 8-10-1995; Ord. 1998-21,
6-25-1998)
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers.
Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord.
1995-20, 8-10-1995)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-1986)
10-7D-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B-3 District of twenty feet (20') between a building constructed
thereon and the side lot line, except in any existing B-3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than thirty feet
(30') shall be required.
January 2000
City of Yorkville
10-7D-4 10-7D-7
2. The Zoning Board of Appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
in a B-3 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 One-Family
Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
E. Parking Lot Setback Requirements:
1. Arterial Roadways: When a parking lot located in the B-3 Zoning
District is located next to an arterial roadway, as defined in the City's
Comprehensive Plan, a twenty foot (20') setback from the property
line is required.
2. Nonarterial Roadways: When a parking lot located in the B-3
Zoning District is located next to a nonarterial roadway, as defined in
the City's Comprehensive Plan, a ten foot (10') setback from the
property line is required. (Ord. 1998-32, 11-5-1998)
10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville
IRREVOCABLEPUBLIC IW'ROVEMENT BOND
Bond No.�_,
KNOW ALL MEN BY THESE PRESENTS, ,as
PRINCIPAL, a corporation organized and existing under the laws of the State of
_ and authorized to do business in the State of Illinois, and
, as SURETY, a corporation
organized and existing under the laws of the State of , and authorized to
transact business in the State of Illinois, are held and firmly bound unto the UNITED
CITY OF YORKV1LLE,Illinois, a municipal corporation,as OBLIGEE, its successors
and assigns in the sum of
(S )Dollars, lawful money of the United States for the payment of
which to be made to the OBLIGEE, its successors and assigns. Said PRINCIPAL and
SURETY,hereby firmly bind ourselves,our heirs,administrators, executors, successors,
and assigns,jointly and severally,by this Irrevocable Bond. This Irrevocable Bond is
issued for the supply, installation and construction of all subdivision improvements
regarding the Subdivision, in
accordance with applicable UNITED CITY OF YORKViLf E ordinances, and plans and
specifications and the Development Agreement and/or Annexation Agreement for
Subdivision,as approved by the UNITED C>;TY OF
YORKVILLE, and as may be amended or modified from time to time by agreement of
PRlNC.i.PAL AND OBLIGEE, including the following improvements:
1
DIVISION"A"—SANITARY SEWERS
(Engineers estimate=$ )
DIVISION"B"—WATERMAIN
(Engineers estimate=$ )
DIVISION"C"— STORM SEWERS
(Engineers estimate=$ )
DIVISION"D"—STREETS
(Engineers estimate= $ )
DIVISION"E"—DETENTION BASIN
(Engineers estimate= $ )
DIVISION"'F'—MISCELLANEOUS I P.ROVEMENTS
(Engineers estimate=$ }
Total engineers estimate=$
The PRINCIPAL,has agreed to pay all expenses incurred by the OBLIGEE for
engineering, legal fees and other expenses in connection with the making of such
improvement(s); and that in the event of a default declared by the OBLIGEE,the
OBLIGEE shal l have the authority to complete the work required, at the expense of the
PRINCIPAL and SURETY.
The condition of this obligation is such that if the OBLIGEE accepts the aforesaid
improvements by action of the Yorkville City Council, and the said PRINCIPAL posts
acceptable surety guaranteeing maintenance of the improvements for one(1)year,then
this obligation shall be null and void; otherwise it shall remain in full force and effect.
The SURETY will, upon written declaration of default by the OBLIGEE to the
PRINCIPAL and SURETY, at the option of the OBLIGEE, complete the
improvement(s), pay to the OBLIGEE or the PRINCIPAL such amounts up the principal
amount of this Irrevocable Bond,which will allow the OBLIGEE or the PRINCIPAL to
complete the improvements, or pay the person designated by the OBLIGEE who has
2
completed the improvements. Failure of SURETY to honor the OBLIGEE'S demand of
either payment or performance within fifteen (15)business days shall constitute dishonor.
It is agreed that any one or more of the following;exclusive list of circumstances
shall constitute a default by the PRINCIPAL, and shall entitle the OBLIGEE to make
demand on this Irrevocable Bond:
1. That the PRINCIPAL has failed to satisfactorily complete or carry on the
work, installation and construction of the required improvement(s), as
scheduled or at a faster pace; or
2. That the PRINCIPAL has demonstrated that it will be unable to complete the
improvements; or
3. That the improvement(s)have been or are likely to be the subject of liens or
other claims by contractors, subcontractors or third parties.
This Irrevocable Bond sets forth in full the terms of the undertaking between
the SURETY and OBLIGEE, and such undertaking shall not in any way be
modified, amended, amplified or limited by reference of any document,
instrument or agreement referred to herein. Any such reference shall not be
deemed to incorporate said document or agreement into this Irrevocable Bond,but
is made for the purpose of identifying the items and costs of completion. The
obligations of SURETY under the Irrevocable Bond are not dependent upon the
financial solvency of the PRINCIPAL and as such shall continue even if the
PRINCIPAL has filed bankruptcy.
3
This Irrevocable Bond shall remain in full force and effect and shall not be
discharged or reduced until rclease is granted in writing by certification of the
City Clerk and OBLIGEE'S acceptance of all of the improvements secured by
this Irrevocable Bond_
This Irrevocable Bond may be substituted by the PKINCIPAL and
SURETY prior to the completion of all the aforementioned improvement(s) by
submitting a new Irrevocable Bond in the same form and substance as this
Irrevocable Bond to the City Clerk in an amount equal to one hundred and ten
percent G 10%)of the estimated cost to complete and pay for all the remaining
above described improvements, certified as remaining by OBLIGEE. Any
renewal, replacement or amendment of this irrevocable Bond shall clearly state
the then current total balance as well as the amount applicable to each of the
estimates for public improvements which are the subject of this Irrevocable Bond.
The SURETY further agrees and commits to pay the OBLIGEE six
percent (6%)prejudgment interest and consequential damages, including all of its
costs and attorney's fees reasonably incurred in the enforcement of this
Irrevocable Bond if wrongfully dishonored by SURETY.
4
IN WITNESS WHEREOF, we have set our hands and seals this
day of )o_
$y' By:
PRINCIPAL SURETY
By:
OBLIGEE
Anton Graff
City Administrator, United City of Yorkville
5