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Ordinance 2003-74 200400001717 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 01-21-2004 At 02:39 PM. ORDINANCE 18.00 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2003- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT OF GARY KRITZBERG and SUSAN KRITZBERG WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain 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 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 5111-15.1-1,as amended, for the execution of said 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 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 Development Agreement concerning the development of the real estate described therein, a copy of which 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 JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS r ROSE SPEARS RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of l , A.D. 20 03 MAYOR PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this 24 day of��, A.D. 20_k3 . Attes . CITY LERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 2 Exhibit "A" Legal Description of Property (308 N.Bridge Street,Yorkville,IL) Sought to Be.Rezoned: LOT 3 AND'THE NORTH 1/2 OF LOT 4 (EXCEPT THE SOUTH 15 FEET OF THE SAID NORTH 1/2 OF LOT 4)IN BLOCK 16 OF THE ORIGINAL VILLAGE OF BRISTOL, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY,ILLINOIS s ' 200400001718 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 01-21-2004 At 02:39 PM. AGREEMENT 21.00 STATE OF ILLINOIS ) ) SS. COUNTY OF KENDALL ) DEVELOPMENT AGREEMENT FOR GARY AND SUSAN KRITZBERG Prepared by&Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 1 i DEVELOPMENT AGREEMENT This Development Agreement, hereinafter referred as to "Agreement', is made and entered into this day of , 2003, by and between GARY AND SUSAN KRITZBERG, hereinafter referred to as "OWNER/DEVELOPER", and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The OWNER/ DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER/DEVELOPER is the Owner 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 located within the United City of Yorkville and is currently zoned R-2 One Family Residential District and is commonly known as 308 N. Bridge Street, Yorkville, Illinois; and WHEREAS, the OWNER/DEVELOPER has petitioned the CITY to rezone the property to B-2 General Business District; 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 OWNER/DEVELOPER has informed the CITY that they intend to utilize the property as a retail establishment specializing in the sale of assisted living equipment and services; and WHEREAS, the DEVELOPER, their 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 future owner or developer and their 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 OWNER/DEVELOPER agrees that they shall comply with and conform their landscape improvements to the Site Plan attached hereto and incorporated herein as Exhibit `B". 2 ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be pursuant to the preliminary site plan approved by the United City of Yorkville which is attached hereto and incorporated herein as Exhibit `B" which shall further contain all preliminary landscape requirements to be developed on site. In the event that OWNER/DEVELOPER or their heirs, successors and assigns desire to deviate from the site plan attached as Exhibit `B" approval from the United City of Yorkville City Council shall be obtained. That OWNER/DEVELOPER will be bound by any Architectural Overlay Ordinance or similar ordinance enacted by the CITY after the date of execution of this Agreement, so long as the same are applied to the surrounding properties with similar zoning classification in a nondiscriminatory manner. ARTICLE III PROPERTY USE The OWNER/DEVELOPER and CITY acknowledge that the Property is rezoned to B-2 General Business District, and any permitted uses as defined by the United City of Yorkville Zoning Code B-2 General Business District shall be allowable uses on the Property. ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date the date of execution by the parties. ARTICLE V MISCELLANEOUS PROVISIONS A. This Agreement shall 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 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 3 the Agreement shall not be affected thereby. C. 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 OWNER/DEVELOPER: Gary and Susan Kritzburg 1217 Game Farm Road Yorkville, IL 60560 It to the City: United City of Yorkville United City of Yorkville Attn: Daniel J. 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 this day of �. u _ , 2003. United City of Yorkville, Illinois By: Arthur F. Prochaska, Jr., Mayor ATTEST: C k OWNER/DEVELOPER: Qary Kri erg �,'� Susan Kritzberg 4 Exhibit "A" Legal Description of Property (308 N. Bridge Street, Yorkville, IL) Sought to Be Rezoned: LOT 3 AND THE NORTH 1/2 OF LOT 4 (EXCEPT THE SOUTH 15 FEET OF THE SAID NORTH 1/2 OF LOT 4) IN BLOCK 16 OF THE ORIGINAL VILLAGE OF BRISTOL, IN THE UNITED CITY OF THE VILLAGE OF YORKVILLE, KENDALL COUNTY, ILLINOIS BRIDGE STREET �� (ASPHALT PAVED) (33' TO CENTERLDIE) A' y (ALSO KNOWN AS ROUTE 47) P 4 F 0 0 T C O N C R E T E T A L K MEJ J. � A 34.6 f j PI ! \k ts r 0 28.81 U y 10.2 i 8.9 vi 22.5 PORCH OPEN , j1 I, I o � 7MIM, to 9 P H A L T D R I V E C R y Gv 22.1 61.16 ca aP N - qgC - CLrr! —x—x—x—x— Re 5 I > 1 �A y ( 1 6 f' I y s _ j� N I•, I � i Il J • �� I O = 7 i CSI c� � , . 4L� lip I ,I �•�` _J 1