Ordinance 2016-08 111 111 11111 1111111111
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KENDALL COUNTY, IL
RECORDED: 10/28/2016 112:96 PM
ORDI: 59.00 RHSPS FEE: 10.08
PAGES: 14
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2016-08
ORDINANCE APPROVING A
CLARIFICATION AND RESTATEMENT OF A PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND
INLAND LAND APPRECIATION FUNDS, L.P.
(Caledonia Subdivision)
This is an amendment to Ordinance No.2003-72 regarding a Planned Unit Development Agreement for Caledonia
Subdivision recorded as Document#200500003178 and also Ordinance No.2003-72-A regarding the First
Amendment to the Annexation Agreement and Planned Development Agreement for
Caledonia Subdivision recorded as Document#200500003179
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 12th day of January, 2016
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on October 29,2016.
Ordinance No. 2016- O$
ORDINANCE APPROVING A
CLARIFICATION AND RESTATEMENT OF A PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND INLAND LAND
APPRECIATION FUNDS, L.P.
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City"), is a unit
of local government organized under the laws of the State of Illinois and as such has authority to
promote the health, safety and welfare of the City and its citizens; authority to encourage private
investment in industry, business and housing in order to enhance the tax base of the City;
authority to ameliorate blight; and, authority to enter into contractual agreements with third
persons to achieve these purposes; and,
WHEREAS, in or around March 3, 2004, the United City of Yorkville entered into a
Planned Unit Development Agreement (the "Development Agreement") with Inland Land
Appreciation Fund, L.P., (the "Original Developer,") a Delaware Limited Partnership that owned
and developed certain real property commonly known as the Caledonia Subdivision (the "Subject
Property") which agreement of which provided for the performance of specific standards for the
development of the Caledonia Subdivision; and
WHEREAS, over a decade has passed since the execution of the Development
Agreement and a majority of the parcels on the Subject Property remain undeveloped; and,
WHEREAS, Ziemia, LLC, an Illinois limited liability company; Romans Development
Holdings, LLC, an Illinois limited liability company; and, Chicago Title and Trust Company
Number 8002363609 (hereafter collectively referred to as "Successors") are successors in
interest to 96 parcels of property on the Subject Property (68 parcels owned by Ziemia, 28
parcels owned by Romans Development and 1 unsubdivided parcel owned by Chicago Title and
Trust Company) which were previously owned by the Original Developer; and
Ordinance No. 2016-O$
Page 2
WHEREAS, Successors desire to proceed with the construction of single family
residences on their parcels of the Subject Property in accordance with the performance standards
as set forth in the Development Agreement, and Successors requested clarification of the
obligations which must be satisfied by Successors; and
WHEREAS, the City and the Successors determined that it was necessary and in the
best interest of the current and future residents of the Caledonia Subdivision to enter into a new
agreement in order to clarify and restate the outstanding obligations of the parties with respect to
the future development of the Subject Property; and
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Clarification and Restatement of the
Planned Unit Development Agreement, by and between the City and Successors, in the form
attached hereto and made a part hereof is hereby approved and the Mayor and City Clerk are
hereby authorized to execute same.
PASSED this la day of January, 2016.
APPROVED:
Ma or17
)41
AYES: g
NAYS:
ABSENT:
Attest:
aep--
City Clerk
Ordinance No. 2016-08
Page 3
CLARIFICATION AND RESTATEMENT OF A PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND INLAND LAND
APPRECIATION FUNDS,L.P.,A DELAWARE LIMITED PARTNERSHIP,OWNER AND
DEVELOPER OF THE CALEDONIA SUBDIVISION
THIS CLARIFICATION AND RESTATEMENT of a Planned Unit Development
Agreement dated March 3, 2004 (hereinafter the"Development Agreement"),between the United
City of Yorkville and Inland Land Appreciation Fund, L.P., a Delaware Limited Partnership,
Owner and Developer of the Caledonia Subdivision (the "Original Agreement") is hereby
entered into among the United City of Yorkville (the "City") and Ziemia, LLC, an Illinois
limited liability ("Ziemia"), Romans Development Holdings, LLC, an Illinois limited company
("Romans Development") and Chicago Tideland Trust Company Trust Number 8002363609
("Chicago TitleLand Trust"), successors in interest to certain parcels of property previously
owned by the Original Developer (hereafter the collectively referred to as "Successors") this
day of ,2015; and,
WHEREAS, in 2004, the City and the Original Developer entered into the Development
Agreement which provided for specific performance standards for the development of certain
real property commonly known as the Caledonia Subdivision and legally described on Exhibit A
to the Development Agreement and comprising approximately 85.28 acres (the "Subject
Property"); and,
WHEREAS, the Development Agreement also defined that the obligations of the
Original Developer pursuant to the Annexation Agreement recorded against the Subject Property
for a land contribution to the Yorkville Community School District #115 or cash in lieu of the
land contribution; for a land dedication to the City for use as parks and open space or cash in lieu
of land dedication; consent to a Special Service Area for maintenance of open space and trail
areas in the event a homeowners' association to be formed failed to do so; and, compliance with
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the City Reimbursement of Consultants and Review Fee Ordinances, City School Transition Fee
Ordinance, City Department Fee Ordinance and Siren Fee; and,
WHEREAS, over a decade has passed since the execution of the Development
Agreement and while a Preliminary Plat and thereafter a Final Plat for Unit 1 and Unit 2 of the
Subject Property was approved and recorded subdividing the Subject Property into 145
developable parcels, a majority of said parcels remain undeveloped; and Unit 3 remained
unsubdivided but was to contain 61 developable parcels; and,
WHEREAS, the Successors, who jointly own 96 of the parcels (68 parcels owned by
Ziemia, 27 parcels owned by Romans Development and 1 unsubdivided parcel owned by
Chicago Title(and Trust) now desire to proceed with the construction of single family residences
in accordance with the performance standards as set forth in the Development Agreement and
have requested clarification of certain outstanding obligations which remain and must be
satisfied by the Successors; and,
WHEREAS, the Original Developer did satisfy the City's Land/Cash Ordinance through
a contribution of cash rather than a conveyance of land for a school site to the Yorkville
Community School District #115 and completed the dedication of open space as required for
parks pursuant to City Code; however, the cash contribution as required for park development
remains outstanding; and,
WHEREAS, the Successors also understand that a fee is required with each building
permit for the sanitary sewer system connection to the Rob Roy Interceptor and a Special Service
Area(as hereinafter defined) is to be put into place to provide for the maintenance to open space
and trail areas in the event the homeowners association fails to do so; and,
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WHEREAS, the Successors have also requested the City to apply its policy of accepting
components of infrastructure upon completion of construction so long as such infrastructure
component can operate independently; and,
WHEREAS, the City and the Successors have determined that it is necessary and in the
best interest of the current and future residents of the Caledonia Subdivision to enter into this
Development Agreement in order to clarify and restate the outstanding obligations of the parties
hereto with respect to the future development of the Subject Property.
NOW, THEREFORE for and in consideration of the mutual promises and covenants
hereinafter set forth, the parties agree as follows:
Section 1. The foregoing preambles are hereby incorporated into this Development
Agreement as if fully restated herein.
Section 2. The Successors and the City hereby agree that a payment of$1,006.68 shall
be due and payable at the time of the issuance of a building permit for any single family
residence on the Subject Property in full satisfaction of the City's Land Cash Ordinance
requirements for park development to serve the Caledonia Subdivision.
Section 3. The Successors hereby agree to consent to the creation of a Special Service
Area pursuant to the Illinois Special Service Area Tax Law (35 ILCS 200/27-5 et seq.) in order
to provide for the maintenance of open space and trail areas but only in the event the
homeowners association for the Caledonia Subdivision fail to do so.
Section 4. The Successors hereby acknowledge that a connection fee of$2,000.00 is due
and payable upon the issuance of a building permit for each residential unit in the Caledonia
Subdivision for connection of the sanitary sewer system to the Rob Roy Interceptor until the total
remaining unpaid balance of One Hundred and Ninety Eight Thousand Dollars ($198,000) is
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paid in full. At the time of purchasing its parcels, Ziemia prepaid the sum of$114,000 for 57 of
its owned parcels and consequently owes and will pay the balance of $2,000 a lot for the
remaining eleven (11) lots at the time of its requesting a building permit for its first eleven
parcels for a total remaining total payment of$22,000 upon payment of which sum its obligation
for the Rob Roy Interceptor connection fee shall be deemed paid in full. Roman Development
will pay the balance due on its lots of$54,000 at the rate of$2,000 per lot for the first 27 of its
parcels at the time of its requesting a building for each lot upon payment of which sum its
obligation for the Roby Roy Interceptor connection fee shall be deemed paid in full. Once
platted and subdivided, Chicago Tideland Trust will pay the balance due on its lots of$122,000
at the rate of$2,000 per lot for the first 61 of its parcels at the time of its requesting a building
for each lot upon payment of which sum its obligation for the Roby Roy Interceptor connection
fee shall be deemed paid in full.
Section 5. The City hereby agrees to apply a policy of"early acceptance"of the roadway
improvements required in the Caledonia Subdivision by deviating from the Standard
Specification requirements that the roadway surface course must not be placed and accepted by
the City unless seventy percent (70%) of the private improvements upon the adjacent properties
(homes)have been completed.
Section 6. On or before May 30, 2016, the Successor Ziemia agrees to erect all required
streetlights in accordance with approved plans and specifications and to connect such streetlights
as necessary for operation.
Section 7. The City and the Successors agree that all parkway trees and sidewalk
improvements required in connection with the development of the Caledonia Subdivision shall
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be the responsibility of the builder of the improvements on each lot and the Successors shall not
be required to post security for such parkway trees and sidewalk improvements.
Section 8. Following the date of this Agreement and through the date of the issuance of the
final occupancy permit for the Caledonia Property, SUCCESSORS shall be entitled to construct,
maintain and utilize up to three(3)offsite subdivision identification,marketing and location signs at
such locations within or without the corporate limits of the CITY as SUCCESSORS may designate
(individually an "Offsite Sign" and collectively the "Offsite Signs"). SUCCESSORS shall be
responsible, at its expense, for obtaining all necessary and appropriate legal rights for the
construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced
signs which shall not exceed twenty(20) feet in height with an area for each sign face not exceeding
two hundred(200) square feet, subject to the requirements of any permitting authority other than the
CITY.
Section 9. Any notice or communication required or permitted to be given under this
Agreement shall be in writing and shall be deposited in the U.S. mail, postage prepaid. Unless
otherwise provided in this Agreement, notices shall be deemed received on the date that is three
(3) business days after deposit in the U.S. mail. By notice complying with the requirements of
this Section, each party to this Agreement shall have the right to change the address or the
addressee, or both, for all future notices and communications to them, but no notice of a change
of addressee, or both, for all future notices and communications to them, but no notice of a
change of addressee or address shall be effective until actually received.
Notices and communications to the City shall be addressed to, and delivered at, the
following address:
To the City : United City of Yorkville
800 Game Farm Road
5
Yorkville, Illinois 60560
With a copy to : Kathleen Field Orr,City Attorney
Kathleen Field On&Associates
53 West Jackson Blvd., Suite 964
Chicago, Illinois 60604
Notices and communications to the Successor Developers shall be addressed to, and delivered at,
the following address:
Successors: Roman Development Holdings, LLC
Chicago Tideland Trust Company
Trust Number 8002363609
Attn: Wade Light
Wade Light&Associates,Atty at Law
Ziemia, LLC
Attn: Brian Lansu
2550 Southwind Blvd.
Bartlett,IL 60103
With a copy to: Richard Guerard
Guerard,Kalina&Butkus
310 S.County Farm Road
Wheaton, IL 60187
Section 9. All other matters relating to the development of the Caledonia Subdivision as
set forth in the Development Agreement are hereby affirmed as if fully restated herein.
Section 10. The City hereby warrants and represents to the Successors that the persons
executing this Clarification and Restatement on its behalf have been properly authorized to do so
by the Corporate Authorities. The Successors hereby warrant and represent to the City that it has
the full and complete right, powers and authority to enter into this Clarification and Restatement
and to agree to the terms, provisions and conditions set forth herein; and it has taken all legal
actions needed to authorize the execution, delivery and performance of this Clarification and
Restatement.
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Section 11. After the execution of this Clarification and Restatement, the City shall:
promptly cause this Clarification and Restatement be recorded in the office of the Recorder of
Kendall County, Illinois.
Section 12. This Clarification and Restatement may be executed in several counterparts,
each of which, when executed, shall be deemed to be an original, but all of which together shall
constitute one and the instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
municipal corporation
By: G�'�
y•
Mayor 'f
Attest:
City Clerk
Romans Development Holdings, LLC, an
Illinois limited liability company /
By: ■1111/111111(
P -side
Att •
Secretary
Ziemia, LLC, an Illinois limited liability
company
By:
Attest:
Secretary
8
IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
municipal corporation
By:
Mayor
Attest:
City Clerk
Romans Development Holdings, LLC,an
Illinois limited liability company
By:
President
Attest:
Secretary
Ziemia, LLC, an Illinois limited liability
company
By:
Att st:
'--)iii\ l/
■
8
This instrument is executed by the undersigned Land Trustee,
not personally but solely as Trustee in the exercise of the power
and authority conferred upon and vested in it as such Trustee.
It is mu*understood and agreed that al the warranties,
indernmties,representations, covenants, undertakings end
agreements herein made on the part of the Trustee are Chicago Title Land Trust Company, an Illinois
undertaken by it solely in its capacity as Trustee and net tiwited-lifthilitreetrkpowy C-00-(20/ZATiON, 4$ 77144STE-6
personally. No persona kability or personal responsibility is
assumed by or shall at any tone be asserted or enforcable (4N , 77.14ST ,01K-Sa0 013G 31001 Av.,0 /oar pese-sa.vaay
against the Trustee on account of any warranty,indlwny,!_,
follfisentation,covenant, undertaking Of agreenwnt Of MIBy:
Treatise in dis mstrunwnt. klAi r."1•1°'v
Attest: AlleKVICT) 1-1
VirSt3:c"Mt 1.0
Secretary
9
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Parcel 1:
ALL OF THE CALEDONIA SUBDIVISION, PHASE 1 BEING A SUBDIVISION OF PART OF
SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF SUBDIVISION RECORDED MARCH 16, 2006 AS DOCUMENT
200600007979 IN KENDALL COUNTY, ILLINOIS, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING LOTS: 1,2, 3,4, 5, 10, 14, 15, 19,20,24, 28, 31, 32, 33, 35, 37, 38, 39,44,47, 48, 52, 54,
55, 59, 61, 62 AND 72 BUT SPECIFICALLY EXCEPTING THE FOLLOWING LOTS: 6, 7, 8, 9, 11,
12, 13, 16, 17, 18, 21, 22,23, 25, 26, 27, 29, 30, 34, 36, 40, 41, 42, 43, 45, 46,49, 50, 51, 53, 56, 57, 58,
60, 63, 64, 65, 66,67, 68, 69, 70, 71 AND 73.
Parcel 2:
ALL OF THE CALEDONIA SUBDIVISION, PHASE 2 BEING A SUBDIVISION OF PART OF
SECTION 17, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT OF SUBDIVISION RECORDED APRIL 16, 2007 AS DOCUMENT
200700012285 IN KENDALL COUNTY, ILLINOIS, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING LOTS; 74, 75, 76, 77, 78, 79, 80, 85, 86, 87, 91, 92, 93, 94, 95, 96, 97, 98, 103, 104, 106,
107, 114, 115, 123, 127, 128, 129, 131, 132, 133, 134, 135, 136, 137, 138, 139, 143, 144, 145 AND B, D
AND E; BUT SPECIFICALLY EXCEPTING THE FOLLOWING LOTS 81, 82, 83, 84, 88, 89, 90, 91,
99, 100, 101, 102, 105, 108, 109, 110, 111, 112, 113, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126,
130, 140, 141 AND 142.