Ordinance 2007-073 STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO. 2007- -A-6
ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF
DEVELOPMENT AGREEMENT
(Thomas Alarm Systems)
WHEREAS, Thomas O'Brien (OWNER) is the legal owner of record of property
described on Exhibit "A" attached hereto and incorporated herein(the "Property"), and
WHEREAS, the Property is generally located at 711 N. Bridge Street in Yorkville
and consists of approximately.2 acres; and
WHEREAS, in conjunction with the rezoning of the Property to B-3 Service
Business District, OWNER and the City desire to enter into a development agreement
setting forth terms and conditions for the future development and use of the Property
upon rezoning; and
WHEREAS, the City has determined that the terms and conditions set forth
therein 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 is otherwise
authorized by law.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE AS FOLLOWS:
1. The Development Agreement between the OWNER and the City, attached hereto
as Exhibit 'B" is hereby approved, and the Mayor is authorized to execute said Development
Agreement.
2. The Yorkville City Clerk is hereby directed to file and keep on record a certified
copy of this Ordinance and the Development Agreement after its passage and signing by the
Mayor.
3. This Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
ROBYN SUTCLIFF � JOSEPH BESCO
GARY GOLINSKI �, ARDEN JOSEPH PLOCHER�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS j JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of ,A.D. 2007.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this d3 Day of OCTo e)F—R, , A.D. 2007.
ATTEST: —
DF-PvTy C LERK
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1 North Bridge Street Subdivision,Yorkville,Kendall County, Illinois
EXHIBIT B
DEVELOPMENT AGREEMENT
C/54362.1
DEVELOPMENT AGREEMENT
`Thomas Alarm Systems'
This Development Agreement, hereinafter referred to as "Agreement", is made
and entered into this _ day of CCro6CIZ 2007 by and between, Thomas
O'Brien, hereinafter referred to as "OWNER", and the United City of Yorkville, Illinois,
a Municipal Corporation, hereinafter referred to as "CITY". The OWNER and the CITY
may hereinafter be referred to as the Parties.
WITNESSETH
WHEREAS, the OWNER is the Owner of certain real property, hereinafter
referred to as the "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 at 711 N. Bridge Street in Yorkville and
consists of approximately .2 acres; and
WHEREAS, the OWNER seeks a zoning amendment to allow for uses permitted
within the B-3 zoning classifications to exist on the property; 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, its vendors, grantees, assigns, successors, trustees, and
all others holding 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, and future owners of the land;
NOW, THEREFORE, the CITY and OWNER, in consideration of the mutual
covenants and agreements contained herein, do mutually agree as follows:
ARTICLE I
GENERAL COMPLIANCE WITH ORDINANCES
OWNER hereby agrees to comply with all CITY ordinances, and this Agreement
shall alter said ordinances only as specifically set forth herein. Where the ordinances of
the CITY conflict with the provisions herein, the Agreement shall control.
ARTICLE II
PROPERTY DEVELOPMENT
The City and the Owner acknowledges that the current structure on subject
property is a legal non-conforming structure. A request to enlarge, relocate or reconstruct
this structure within a setback area as defined by the City B-3 Zoning Classification will
require the Owner to request, and be approved by the City, a variance.
ARTICLE III
SIGNAGE PROVISIONS
The OWNER agrees to the following signage regulation:
■ No signage on the property may be internally illuminated;
■ No pole signs to be permitted on the Property;
■ Two (2) wall signs or in the alternative One (1) wall and/or one
(1) ground sign may be permitted on the Property;
■ Maximum sign area of any sign on the Property shall be no more
than thirty-two(32) square feet for each sign.
ARTICLE V
EFFECTIVE DATE
The Recitals set forth above are deemed to be material covenants and entitlements
under this Agreement.
The Covenants and Variances granted as to the setback requirements pursuant to
this agreement shall be treated as covenants running with the land and the Successors,
Heirs, and Assigns.
The effective date of this Agreement shall be the date this Agreement is approved
and executed by the OWNER and CITY.
Oct 19 07 10:16a Thomas Alarm Systems 630-553-0805 p.4
OCT-18-2067 15:48 FROW UNITED CITY OF YORKV 553-3A36 T0: 16305530805 P.4'4
CITY: OWNER:
UNITED CITY OF YORKVILLE, Thomas O'Brien
an Illinois municipal corporation
By: By.
Title: Mayor
Attest: Attest:Luca. 1m .Cx�o` j
Dated: Dated: 1�119zvz --
EXHIBIT A
LEGAL DESCRIPTION
Lot 1 North Bridge Street Subdivision, Yorkville,Kendall County, Illinois