HomeMy WebLinkAboutCity Council Packet 2004 06-22-04 r�n , 1836
EST
United City of Yorkville
County Seat of Kendall County
.
800 Game Farm Road
W Yorkville, Illinois 60560
0 �� Q Phone:630-553-4350 AGENDA
Pt`'<L o-`w, Fax:630-553-7575 CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
Tuesday,June 22, 2004
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Rich Sticka Valerie Burd Marty Munns Joe Besco
Paul James Larry Kot Wanda Ohare Rose Ann Spears
Establishment of Quorum:
Introduction of Guests:
Amendments to Agenda:
Committee Meeting Dates:
Public Works Committee Meeting: Ad-hoc: Technology Committee
7:00 p.m., Monday, June 28, 2004 To Be Announced
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Wednesday, July 21, 2004
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, July 8, 2004
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, June 24, 2004
City Hall Conference Room
Public Hearings: None
City Council Meeting Agenda
June 22, 2004
Page 2
Citizen Comments:
Presentations:
1. None
Consent Agenda
1. Police Reports for April 2004
2. Rob Roy Creek Sanitary Sewer Interceptor—Professional Services Engineering Agreement - authorize
Mayor and City Clerk to execute, subject to receiving funding by Ocean Atlantic
3. Ordinance Repealing Ordinance 1976-42—U.S. 34 Corridor Study- authorize Mayor and City Clerk to
execute
4. Menard's Commercial—Final Acceptance - accept all non-landscape related public improvements
5. Request from Wiseman-Hughes: Sanitary Sewer Connection Fee—Credit Toward Oversizing Hydraulic
Interceptor—Windett Ridge - reduce the $170,000.00 recapture amount to $114,600.00
6. Request to Purchase Total Station- approve purchase from Surveyors Instrument Service Co. in an amount
not to exceed$9,999.00
7. Resolution to Appoint Finance Director Traci Pleckham as IMRF Authorized Agent - authorize Mayor and
City Clerk to execute
8. Records Disposal Service—Shred Co Contract- authorize City Administrator to execute
Plan Commission /Zoning Board of Appeals:
Minutes for Approval(Corrections and Additions):
Minutes of City Council—June 8, 2004
Minutes of Committee of the Whole—March 2, 2004
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 920,463.16 (vendors)
$ 144,422.74 (payroll period ending 5/29/04)
$1,064.885.90 (total)
City Council Meeting Agenda
June 22,2004
Page 3
Reports:
Mayor's Report:
1. Library Referendum Ordinance
2. Emergency Repair for Well#3 —motion to ratify expenditure of emergency funds
3. Certificates of Recognition to Officer Daniel Pleckham, Lieutenant Donald Schwartzkopf, Sergeant
Richard Hart, and Officer David Delaney
4. Joint Meeting - City Council and Plan Commission- Wednesday, June 23, 2004 at 7:00 p.m. in the
City Council Chambers
Attorney's Report:
City Clerk's Report:
City Treasurer's Report:
City Administrator's Report:
Finance Director's Report:
Director of Public Works Report:
Chief of Police Report:
Executive Director of Parks &Recreation Report:
Community &Liaison Report:
Committee Reports:
Public Works Committee Report:
1. Joint Agreement and MFT Resolution for Van Emmon Road
Economic Development Committee Report:
1. Resolution to Approve the Final Plat of Prairie Meadows
2. Yorkville Hill Landscaping Annexation Agreement
a. Ordinance Authorizing the Execution
b. Ordinance Annexing
3. Westbury Village Annexation Agreement
a. Ordinance Authorizing the Execution
b. Ordinance Annexing
City Council Meeting Agenda
June 22, 2004
Page 4
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. Grande Reserve SSA
a. Ordinance 2004-32 - Ordinance Establishing SSA for Total Grande Reserve
b. Ordinance 2004-33 -Bond Ordinance for Total Grande Reserve
2. C.H. Schrader& Associates Contract for Grant Research Consulting Services
3. Renewal Contract for EAP
Additional Business:
Executive Session:
1. The purchase or lease of real property for the use of the public body.
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2004—2005
PUBLIC WORKS
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Sticka Sanitation and Waste
Committee: Alderwoman Burd
'ECONOMIC DEVELOPMENT
Committee Departments Liaisons
Chairman: Alderman Sticka Planning&Building&Zoning Chamber of Commerce
Committee: Alderwoman Burd Business& Economic Dev. Kendall County Econ. Dev.
Committee: Alderwoman Spears Plan Commission
Committee: Alderman Munns Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
City Council Meeting Agenda
June 22, 2004
Page 5
COMMITTEES,MEMBERS AND RESPONSIBILITIES F/Y 2004—2005 (con't)
IIUBLIC SAFETY;
Committee Departments Liaisons
Chairman: Alderman Kot Police Human Resource Comm.
Committee: Alderwoman Ohare Schools School District
Committee: Alderwoman Spears Public Relations KenCom
Committee: Alderman James
ADMINISTRATION
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Ohare Public Properties Library
Committee: Alderman Kot Personnel Cable Consortium
Committee: Alderman Besco
AD-HOC: TECHNOLOGY;
Committee
Chairman: Alderman Munns
Committee: Alderman Kot
Committee: Alderman Sticka
Committee: Alderwoman Ohare
06/16/2004 11 18 FAX 630 553 5764 DANIEL J. KRAMER E 002/003
STATE OF ILLINOI S )
) ss
COUNTY OF KENDALL )
Ordinance No. 2004-
AN ORDINANCE REPEALING ORDINANCE NO.1976.42
U.S. 34 CORRIDOR STUDY ADOPTED BY
THE UNITED CITY OF YORKVILLE
WHEREAS, Illinois Department of Transportation had previously conducted a Corridor
Study of U.S. Route 34 containing certain findings of fact and recommendations concerning the
area; and
WHEREAS, the United City of Yorkville had previously adopted the U.S. 34 Corridor
Study and incorporated the U.S. 34 Corridor Study into the United City of Yorkville
Comprehensive Plan; and
WHEREAS, Illinois Department of Transportation has conducted several of the
aforementioned U.S. 34 Corridor Study since the date of adoption by the United City of
Yorkville rendering Ordinance No. 1976-42 obsolete; and
NOW THERE UPON MOTION DULY MADE, SECONDED, AND APPROVED BY A
MAJORITY OF THOSE CITY COUNCIL MEMBERS VOTING,TITLE NINE,CHAPTER ONE,
SECTION TWO OF THE CITY CODE OF THE UNITED CITY OF YORKVILLE IS HEREBY
REPEALED.
1. Any Ordinance or parts thereof m conflict with the provisions of this Ordinance are
hereby repealed to the extent of such conflict.
2. The various parts, sections, and clauses of this Ordinance are hereby declared to be
severable. If any part, sentence,paragraph, section, or clause is adjudged
unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the
Ordinance shall not be affected thereby,
1
06/16/2004 1 1. 18 FAX 830 553 5764 DANIEL J. KRAMER 0 003/003
IN WITNESS WHEREOF, this Ordinance has been enacted this day of
, 2004.
WANDA OHARE JOSEPH BESCO
VALERIE BURD _ PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois
this day of , A.D. 2004.
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
2
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION 04-
RESOLUTION APPOINTING
TRACI PLECKHAM AS THE ILLINOIS MUNICIPAL RETIREMENT FUND
AUTHORIZED AGENT
WHEREAS, the Mayor and the City Council of the UNITED CITY OF YORKVILLE
deem it in the best interest of the UNITED CITY OF YORKVILLE to appoint an Illinois
Municipal Retirement Fund Authorized Agent; and
WHEREAS, the Illinois Municipal Retirement Fund Authorized Agent shall possess the
powers and duties contained in Sec. 7-135 of the Illinois Pension Code; and
WHEREAS, the Mayor and the City Council of the UNITED CITY OF YORKVILLE
deem it in the best interest of the UNITED CITY OF YORKVILLE to appoint Traci Pleckham as
the United City of Yorkville Illinois Municipal Retirement Fund Authorized Agent; and
IT IS HEREBY RESOLVED THAT THE UNITED CITY OF YORKVILLE appoints
Traci Pleckham as the United City of Yorkville Illinois Municipal Retirement Fund Authorized
Agent and hereby authorizes the Mayor and City Clerk to execute any and all documentation
required by the Illinois Municipal Retirement Fund.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 20 .
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of , A.D. 20 .
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
II ;-
*Zhred-co
MOBILE PAPER SHREDDING&RECYCLING
March 11, 2004
Tony Graff
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Dear Tony;
Based on the input at the Department Head Meeting; the input provided from the Department heads by
Annette; and the input from Molly during my visit to the Police Department offices, I feel we can provide
the secure, efficient, document shredding services the city requires.
The underlying reason, the Police Department appears to have such an extremely large volume of
material, is due to the shredding process they are currently using. Generally, it will take the material that
produces 8 —10 bags of the shredded material that comes from the Police Department's current shredder to
fill one of our standard security consoles. (The plastic bags are generally 2/3rds air.) The Chief is
absolutely correct in his reason for shredding.
The business reality is, Shred-co's shredding service will provide the document destruction the United
City of Yorkville needs, that is secure, convenient, easy to implement and cost effective.
Based on the specific needs of the Police Department and input from the Department Head's, I feel we
can provide the service the City requires in a cost effective manner, every four weeks, as follows:
Console Placement:
1 Standard Size Security Console Beecher Center 902 Game Farm Rd
1 Standard Size Security Console Lib rar`J 902 Game Farm Rd
6 Standard Size Security Consoles City Offices 800 Game Farm Rd
2 Standard Size Security Consoles Police Dept. 800 Game Fami Rd
2 Mini Consoles Police Dept. 800 Game Faun Rd
Note: By adding one additional Standard Console to the PD's Squad Room, the need for shredding
service to the City should be reduced from service every three weeks to every four weeks. This change
will result in significant savings to the City.
Cost for Service:
Shred-co will provide the secure, on-site document shredding services required by the United City
of Yorkville, at flat costs of$21.00 per console, per shredding service. There will be no additional
charges for the Security Consoles, Recycling Fees or Trip Charges.
8102 Lemont Rd.,Suite 800
Woodridge, IL 60517
Tel: 630-633-9990
Fax:630-633-9999
Printed on Recycled Paper C9
Based on my recommendations the projected annual cost to the City for a secured, compliance orientated
shredding service, will be: $3,276.
I've enclosed our standard Customer Service Agreement for you review.
What is the next step?
Regards,
44)
Richard L. Guy
`\s');A\
hre
e dco
MOBILE PAPER SHREDDING&RECYCLING
Shred-co Commitment to Excellence
COMPANY BACKGROUND
Shred-co is the Illinois subsidiary of Shred it International, the world's largest on-site shredding company with
over 125 locations. We provide both Automatic and Annual Document Shredding services. Additionally, as an
environmentally responsible company, we currently provide over 7% of the world's recycled paper.
SECURITY CONTAINERS
For our Automatic Service Clients we provide a selection of four styles of Security Containers to provide them
with the proper container for each area's specific needs. The four styles are:
1. Junior Security Console—This unit is 20" wide x 19.5" deep x 26"high and is designed to fit into an
• office environment. This unit will hold between 80-- 100 pounds of material and is used most often
at nursing stations
2. Standard Security Console—This unit has the same footprint and construction as the Junior Console,
• but is 36"high, and will hold between 100 -- 120 pounds of material
3. Two-bag Security Bin—This unit will hold approximately 200 pounds of material and features
smooth-- rolling wheels to facilitate movement through out your operation.
4. Four-bag Security Bin—This unit is constructed to the same high quality standards as our two bag
bin and can hold up to 350 pounds of material.
All Security Containers are provided with a lock, with you having a key for access, and have"hands denied
access" for further security.
Refer to the enclosed brochure for more details and specifications.
CUSTOMER SERVICE REPRESENTATIVES
_ Each of our CSR's are bonded and insured for$5 Million Dollars. Additionally, they are uniformed and must
pass a Drug Screening; Reference Check, Credit Check and most importantly a Criminal Back Ground check
before being hired. This ensures you that all Shred-co employees who are on your premises are reputable.
We are also a non-unionized operation, which means your companies shredding program will not suffer as a
result of labor strife.
THE SHREDDING PROCESS
We utilize a crosscut shredding process that ensures that all material is reduced to un-reconstructable bits, and
after the shredding is completed the CSR will provide you with a Certificate of Destruction. This is your
verification that the material collected was shredded on-site.
Additionally, as all material is shredded on-site in our trucks, you have the opportunity to observe the shredding
process if you wish.
8102 Lemont Rd.,Suite 800
Woodridge, IL 60517
Tel:630-633-9990
Fax:630-633-9999
Printed on Recycled Paper :9
Nhrea-co
MQSILE PAPER SHREDDING&RECYCLING
CUSTOMER SERVICE AGREEMENT
This CUSTOMER SERVICE AGREEMENT(the"Agreement") between Shred it International d/b/a "Shred-Co", and
y ("Customer")shall
become effective this day of , 200
In consideration of the promises set forth in this Agreement,the parties agree as follows:
1. Definitions: For purposes of this Agreement, the terms set forth below will have the following meanings:
1.1 A"Certificate of Destruction"is a document that Shred-co provides to Customer as confirmation that the
Document Collection and Destruction Process, as described in Section 2.2, has been completed with respect to
certain Confidential Materials.
1.2 "Confidential Materials" are any materials, including documents that are placed within Shred-co's locked Security
Consoles and/or Bins located on Customer's business premises.
1.3 "Locked Security Consoles and Bins'are secured storage containers designed for the day-to-day collection and
storage of Customer's Confidential Materials.
1.4 "Shredded Material"consists of the waste material that is produced by Shred-co's mechanical shredding devices
during the Document Destruction Process.
1.5 "Document Destruction Process"makes reference to the on-site,crosscut shredding process utilized by Shred-co.
1.6 "Service Fee" is the dollar amount Shred-co shall charge for its Document Collection and Destruction service.
2. Shred-co Services: Shred-co will provide the following services to Customer:
2.1 Equipment: Shred-co will provide and maintain a reasonable supply of Locked Security Consoles and/or Bins, and
other related equipment for the collection and storage of Customer's Confidential Materials.
2.2 Document Collection and Destruction: Shred-co will: (a)physically collect Customer's Confidential Materials on a
regularly scheduled basis,to be mutually determined by Shred-co and Customer; and (b) upon physical collection of
the Confidential Materials, destroy,on or in reasonable proximity to Customer's business premises,the Confidential
Materials through use of mechanical shredding devices(the°Document Destruction Process").
2.3 Certification: At the conclusion of the Document Destruction Process, Shred-co will immediately provide Customer
with a Certificate of Destruction.
2.4 Inspection Rights: Upon Customer's request, an authorized representative of Customer may, at any time, inspect
the Document Destruction Process.
2.5 Document Disposal and Recycling: Shred-co will recycle or otherwise dispose of Customer's Shredded Material in
the ordinary course of Shred-co's business.
3. Ownership of Equipment: The Locked Security Consoles and/or Bins, and any other equipment provided to Customer by
Shred-co will at all times remain the property of Shred-co. Customer will have no interest in or rights to the Locked Security
Consoles and/or Bins, or the other equipment provided by Shred-co.
4. Damaged Equipment: Customer will fully compensate Shred-co for any damage to,or loss of, the Locked Security Consoles
or any other equipment supplied to Customer by Shred-co;except for any equipment loss or damage directly caused by
Shred-co,which loss or damage shall be Shred-co's responsibility.
5. Service Fee: As a Service Fee, Customer will pay Shred-co the greater of: (a)$ /tom"" per service visit,or(b)
$ : /, 06' per C A.L 'moi F ,and/or$ for each Bag Security Bin,for each
document collection,destruction and other related Services. Customer will pay the Collection and Destruction Fee
within days of receiving an invoice for Services.
6. Term of Agreement: This Agreement will remain in force for a term of /.2 months(s) (the "Initial Term"), and will
automatically renew for an unlimited number of additional terms(a"Renewal Term")unless terminated by either party by 30
days written notice as described in Section 8.
7. Adjustment of Service Fees: At the end of the initial 12-month Period of Service, Shred-Co shall have the option to
increase the Document Collection and Destruction Fee by y %per shredding service.
8. Default and Termination:
8.1 Should Customer fail to pay Shred-co in full for all Document Collection and Destruction Services within 120 days of
the date of service, Shred-co shall have the option to terminate this Agreement,with 30 days written notice by
Certified Mail, to the address of record. Customer will be responsible to pay all Service Fees incurred to date of
termination.
8.2 Customer shall be entitled to not renew this Agreement,with 30 days written notice by Certified Mail to:The General
Manager, Shred-co,8102 Lemont Road, Woodridge, II 60517. Under this provision,this Agreement shall remain in
effect for the balance of its current term,with all balances due paid within 30 days of termination date.
8.3 Customer shall be entitled to terminate this Agreement for non-performance prior to the current expiration date with
30 days written notice by Certified Mail to:The General Manager, Shred-co,8102 Lemont Road, Woodridge, II
60517.Customer agrees to include a payment equal to all unpaid balances, and further agrees to pay the Service
Fee for the final shredding service within 30 days of service.
9. Excused Performance: Shred-co will not be in breach of this Agreement where Shred-co's failure to provide service is due
to circumstances beyond Shred-co's reasonable control including without limitation to strikes,wars, riots,civil commotion,
fires, natural disasters and acts of government.
10. Assignment Customer will not assign this Agreement without the written consent of Shred-co.
11. Jurisdiction:This Agreement is subject to the Laws of the State of Illinois, and contains all agreements and understandings
between the parties.
The parties have executed this Agreement as of Effective Date shown above.
Shred-Co Customer
By: By:
Print: Print::
Title: Title:
2
MINUTES OF THE REGULAR MEETING OF IJIE CITY COUNCIL OF DRAFT
nit,UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS.
HELD IN THE CITY COUNCIL CHAMBERS,800 GAME FARM ROAD
ON TUESDAY,JUNE 8,2004.
Mayor Prochaska called the meeting to order at 7:03 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Present
Sticka Present
Ward II Burd Present
Kot Present
Ward III Munns Present(arrived 7:08)
Ohare Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,Administrator Graff,City Attorney Kelly Kramer,Police
Lieutenant Schwartzkopf,Director of Public Works Dhuse and Executive Director of Parks&
Recreation Brown
OUORUM
A quorum was established.
MOMENT OF SILENCE
Mayor Prochaska asked the City Council to observe a moment of silence to honor former
President Ronald W.Reagan who passed away on June 5,2004.
INTRODUCTION OF GUESTS
Mayor Prochaska welcomed guests and asked those present to enter their name on the attendance
sheet provided.
AMENDMENTS TO THE AGENDA
Mayor Prochaska noted that there would be no Executive Session this evening.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,June 28,2004
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,June 17,2004
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,June 10,2004
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 6:30 P.M.,Thursday,June 24,2004
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee To Be Announced
PUBLIC HEARINGS
Subdivision Standards Ordinance
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Subdivision Standards Ordinance. So moved by Alderman Kot;seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,Ohare-aye,Spears-aye,Sticka-aye
Mayor Prochaska turned the floor over to the Director of Public Works Eric Dhuse. Mr.Dhuse
reported that the staff has been working on this ordinance for over a year and all the suggested
changes and comments have been incorporated into the ordinance.
The Minutes of the Regular Meetine of the City Council—June 8,2004-one 2
Mayor Prochaska opened the floor for public comment. There was none.
Mayor Prochaska opened the floor for comments from the Council.
Alderwoman Spears noted that the Council did not receive page one of the ordinance,the Table
of Contents,which had revisions. She also stated that historical street names were to be
addressed on page 14 and this was not done. Mayor Prochaska asked staff to address this.
Administrator Graff stated that City Engineer Joe Wywrot gave the Council a memo dated April
4,2004 which gave a summary of the changes made to the ordinance. Mr.Graff stated that the
memo note changes to items such as lighting standards,maintenances deposits from builders,
traffic studies,crack sealing,protection of existing vegetation,water testing and water
management issues. Mr.Graff state that developers were made aware of the ordinance and he
recommended a 30—60 day comment period before the Ordinance is brought before the Council
for consideration.
Mayor Prochaska noted that the ordinance was on the City's website for viewing.
There was some discussion regarding the name of the ordinance. After some discussion,it was
determined that the Ordinance name is the"Subdivision Control Standards Ordinance".
There were no further comments or questions. Mayor Prochaska entertained a motion to close the
public hearing. So moved by Alderwoman Ohare;seconded by Alderwoman Burd.
Motion approved by a roll call vote. Ayes-8 Nays-0
Burd-aye,James-aye,Kot-aye,Munns-aye,
Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
Stormwater&Water Runoff Quality Control Ordinance
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Stormwater&Water Runoff Quality Control Ordinance. So moved by Alderman Besco;
seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-8 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,
Munns-aye,Ohare-aye,Spears-aye,Sticka-aye
Mayor Prochaska note that the Table of Contents was missing from the document.
Mayor Prochaska turned the floor over to Tom Price with the Conservation Design Forum who
assisted the City with the development of the ordinance. Mr.Price distributed and discussed a
summary of the ordinance(see attached). The summary addressed the process,organization of
the ordinance,wetland categories and general standards.
After Mr.Price's presentation,Mayor Prochaska opened the floor to the public.
Richard Guerard with Wyndham Deerpoint addressed the Council. He stated that he had
submitted written comments(see attached)and was coming before the Council not only as a
developer in the United City of Yorkville but also the president of the Attainable Housing
Alliance which is made up with the membership of the Northern Illinois Home Builders
Association,The Greater Chicago Home Builders Association and the Fox Valley Home Builders
Association. He stated that he has developed projects with wetlands in them under several
jurisdictions and he felt that this ordinance is extreme;it goes beyond any other ordinance he has
encountered. He stated that the buffers required by the ordinance,the restrictions of the
construction of the buffer,the type of materials required,the five-year maintenance plan and the
letter of credit places a financial hardship on a developer. He stated that a small wetland could
cost a developer over$100,000.00. He also noted that this Ordinance does not only apply to
small home builders and developers but also applies to commercial developers,the school district
and parks.
He stated that he believed that there were ways to achieve the same benefits without all the
restrictions and cost. He asked the Council to consider developing a committee of staff,
consultants and developers where the developers can give recommendations and input to the
ordinance.
Richard Young with Kimball Hill Homes addressed the Council. Mr.Young reiterated Mr.
Guerard's comments. He stated that he wanted to impress upon the Council is that there is a vast
The Minutes of the Regular Meeting of the City Council—June 8,2004-page 3
difference between wetlands from those that are marshy and protect ground water to those that
are just a corn stubble farmed wetland. He felt that a balance between ecology and the financial
impact needed to be considered. He stated that the proposed Ordinance is the most restrictive he
has seen in northern Illinois. Mr.Young offered his services to be on the committee that Mr.
Guerard proposed.
There were no other comments from the public.
Mayor Prochaska opened the floor for comments from the Council.
Alderwoman Spears thanked Mr.Guerard and Mr.Young for attending the meeting and for their
comments. She stated that she agreed with Mr.Guerard's suggestion for a committee to review
the ordinance and would appreciate the developer's input.
Alderman Sticka and Alderwoman Ohare stated that they agreed with Alderwoman Spears'
statement.
Alderwoman Ohare asked Executive Director of Parks&Recreation Laura Brown how the
donation of land with a wetland would be handled. Ms.Brown stated that the Park Board takes
the stand they only want high and dry land donated for parks. However,if a wetland is identified
on park property they would maintain and protect the wetland. She stated that in the Westbury
development where wetlands have been identified it has been proposed that the wetlands will be
maintained by the homeowner's association. Ms.Brown stated that the City may see the
donation and care of wetlands as it obtains larger parcels of land such as the park at the Moser
development or Hoover Boy Scout Camp.
Mayor Prochaska commented that the strictness of the content isn't necessarily an issue because
the United City of Yorkville has not been a City to say that it will not look at what is right despite
what other communities do. His concern was that the ordinance only applies to property within
city limits and this limits the areas to mitigate to. He stated that this ordinance has requirements
that are substantially over those of other area's ordinances and he questioned the consultants as to
why this is so. He commented that when there is an overindulgence of restrictions,there are no
restrictions because the property will not develop within the United City of Yorkville. He agreed
that the City needed to look at a more balanced ordinance and stated that if the Council agrees,he
would like to have a technical group review the ordinance with the consultants.The group's
findings can be brought back to the Council for their review.Mayor Prochaska stated that the
group could look at other alternatives in an effort to achieve the same outcome.
Alderwoman Burd asked if the staff ever questioned why this Ordinance was so tough compared
to other ordinances in existence. Mr.Graff stated that the staffs objective was to design an
ordinance that would provide the highest quality return to protect natural resources. He stated
that the document before the Council was downsized considerably from the document developed
six months ago. Mr.Price stated that if the Council would look at the requirements from the Corp
of Engineers and Lake and DuPage County ordinances this ordinance is not overly restrictive.
There was further discussion regarding the group that helped to develop the ordinance and who
should be in the group to review it. It was discussed that the City Attorney,City Engineer,
Director of Public Works,Executive Director of Parks&Recreation and at least three
representatives from the development community.
Alderman James asked if the ordinance could be reviewed by Kendall County to see if they
would adopt it. Mayor Prochaska noted that the County is not a home-ruled county so
municipalities do not have to abide by the ordinance.Alderman Sticks asked if the County had a
similar ordinance that applied to developers building outside city limits in the county and
Attorney Kramer stated they did not. Mr.Graff stated that the County has a copy of this
ordinance and are exploring options to incorporate some of the stormwater quality management
into their ordinance. Mr.Graff also noted that there is state legislation pending to make storm
water management and wetland protection more universal.
Mayor Prochaska stated that he has been approached by residents in the River's Edge
development with concerns about their detention pond. They have asked if the City has any
policy for the water quality in detention ponds. he directed them to bring their concerns to the
Public Works Committee.This may be something to also be addressed by this ordinance.
Mayor Prochaska stated that a committee will be developed and that he would keep the Council
advised as t who is on the committee when it is established.
The Minutes of the Regular Meeting of the City Council—June 8,2004-paee 4
Mr.Guerard complimented the Council and staff for notifying the developers that the ordinance
existed. He stated that this doesn't happen in other communities. he stated that this gave the
developers the opportunity to review the ordinance and to respond to the Council.
Mr.Price suggested that the committee meet after the 60 day public review period was over in
order to address any comments that may be received. Mayor Prochaska agreed.
There were no further comments. Mayor Prochaska entertained a motion to close the public
hearing. So moved by Alderwoman Spears;seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-8 Nays-0
Burd-aye,James-aye,Kot-aye,Munns-aye,
Ohare-aye,Spears-aye,Sticka-aye,Besco-aye
CITIZEN COMMENTS
None.
PRESENTATIONS
None.
CONSENT AGENDA
1. Liberty Street Watermain—Change Order#1- authorize the City Engineer to
execute increase in an amount not to exceed$43,110.30
2. Water Department Reports for March&April 2004
3. Well#7 Well House and Treatment Facility—Change Order#1- authorize the City
Engineer to execute increase in an amount not to exceed$5,202.93
4. Grande Reserve ComEd Easements—authorize Mayor and notary to execute
5. Foxfield Unit 2—Final Acceptance—accept public improvements and reduce the
letter of credit to$3,046.62 for the one year warranty period
6. 2004 Public Sidewalk Repairs—Bid Results—award contract to RA. Ubert
Construction in an amount not to exceed$30,860.00
7. 2004 Asphalt Surface Treatment—Bid Results—award contract to CAM,LLC in an
amount not to exceed$32,762.66
8. Resolution 2004-16—Appointing Waste Facility Consultant to Provide Technical
Waste Transfer Citing Services-authorize the Mayor and City Clerk to execute
9. Ordinance 2004-28-Institutional Agreement for Fox Industrial Park-authorize the
Mayor and City Clerk to execute
10. Joint Purchase with Parks Department of Toro 4000-D Lawnmower—authorize
purchase in an amount not to exceed$40,857.27:$15,000.00 frrom Parks&
Recreational Capital,line item mower;$21,0000.00 from Public Works Capita,line
item mower;and$4,857.27 from Public Works Capital,line item reserve
11. Request to Purchase Grader Attachment—authorize purchase in an amount not to
exceed$6,250.00
12. ComEd Temporary Easement for Raintree Village-authorize the Mayor and City
Clerk to execute
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderwoman Spears;seconded by Alderwoman Ohare.
Motion approved by a roll call vote. Ayes-8 Nays-0
Burd-aye,James-aye,Kot-aye,Munns-aye,
Spears-aye,Sticka-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman James to approve the minutes of the City Council meetings
from May 11,2004;seconded by Alderman Kot.
Motion approved by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman James to approve the paying of the bills listed on the Detailed
Board Report dated May 28,2004 totaling the following amounts:checks in the amount of
$615,324.30(vendor);$130,563.30(payroll period ending 05/15/04)for a total of$745,887.60;
seconded by Alderman Sticka.
The Minutes of the Recular Meeting of the City Council—June 8,2004-pace 5
Motion approved by a roll call vote. Ayes-8 Nays-0
Besco-aye,Burd-aye,James-aye,Kot-aye,
Munns-aye,Ohare-aye,Spears-aye,Sticka-aye
REPORTS
MAYOR'S REPORT
Recommendation to Rename Prairie Park
Mayor Prochaska reported that Prairie Park located at Park and Freemont Streets will be renamed
Hiding Spot Park in honor of Samantha and Theresa Eberhardt. The name has been discussed
with the Eberhardt family and they approved the name.
Mayor Prochaska entertained a motion to approve the renaming of Prairie Park. So moved by
Alderman Kot;seconded by Alderman Sticka.
Alderwoman Ohare asked if a plaque would be placed at the park to reflect this and Ms.Brown
stated that a new park sign has been ordered which will reflect this change.
Motion approved by a roll call vote. Ayes-8 Nays-0
James-aye,Kot-aye,Munns-aye,Ohare-aye,
Spears-aye,Sticka-aye Besco-aye,Burd-aye
Rosati's Pizza Contract
Ms.Brown stated that the Council asked if the owner of Rosati's Pizza,T.J.Manning,would sign
the contract before they approve the contract and he did sign it.
Mayor Prochaska entertained a motion to approve the contract between the United City of
Yorkville and Rosati's Pizza for the purpose of buying pizza for the concession stand at Beecher
Park and to authorize the Mayor and City Clerk to sign the contract. So moved by Alderwoman
Ohare;seconded by Alderman Munns.
Alderwoman Spears asked for clarification if the contract was signed and for the length of the
contract. Mayor Prochaska stated that the contract is signed by Mr.Manning and it is for a one
year term.
Motion approved by a roll call vote. Ayes-8 Nays-0
Kot-aye,Munns-aye,Ohare-aye,Spears-aye,
Sticka-aye,Besco-aye,Burd-aye,James-aye
Update on Municipal Brownfields Redevelopment Grant Application
Mayor Prochaska reported that the grant application has been sent in to Springfield. The grant,
with a lifetime maximum of$240,000.00,is available to municipalities to identify and clean-up
sites. It will be applied to the F/S property in the downtown area.
Relay for Life
Mayor Prochaska reported that he will be walking in the Relay for Life starting Friday,June 11,
2004 until Saturday,June 12,2004. He stated that his team's goal is to raise$10,000.00 and
asked anyone interested in donating to see him. He also stated that luminaries in honor of
individual's were available to a donation of$10.00/luminary.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADM INISTATOR'S REPORT
Pat Summerall Productions Update
Administrator Graff stated that the first part of the Pat Summerall Production will take place June
11,2004. They will be doing an initial video shoot,interviews and will be observing the Relay
for Life. Mr.Graff stated that the City is over the$20,000.00 mark in commitments and is
hoping for another$8,000.00. The City has met the deadline of having$14,000.00 to the group
The Minutes of the Regular Meeting of the City Council—June 8,2004-page 6
by June 11,2004. He stated that he would keep the Council updated and would be giving a report
to the Council regarding the sponsors.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
No report.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
Music Under the Stars
Ms.Brown reported that the first"Music Under the Stars"for the season would be held Friday,
June 11,2004 at Town Square Park at 7:00 P.M.
Movies at the Park
Ms.Brown reported that the first"Movies at the Park"for the season would be held Saturday,
June 12,2004 at Beecher Park at around 9:00 P.M. She noted that the location for this event has
been changed to Beecher Park The movie being shown is"Finding Nemo".
COMMUNITY&LIAISON REPORT
Aurora Area Convention and Visitors Bureau
Alderwoman Burd reported that she was notified today by the Aurora Area Convention and
Visitors Bureau(AACVB)that Governor Blagojevich ha said he will be reinstating funding for
tourism a the previous year's level. She also noted that the AACVB is holding its annual
meeting at the new mall in Aurora on June 21,2004.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
Resolution 2004-17 Disposal of Property
A motion was made by Alderman Besco to approve a resolution authorizing the Mayor and City
Council to sell or demolish personal property as presented by the Public Works Superintendent
and Parks&Recreation Director;seconded by Alderman Sticka.
Alderman Munns asked if the items don't sell were they going to be destroyed. Attorney Kramer
stated that this is a form resolution however the resolution does indicate that certain items,per the
attachment to the resolution will be sold.
Alderwoman Spears asked if the other bidders received this information and Mayor Prochaska
and Mr.Dhuse clarified that the items have not been placed for bid yet. She also asked if
"Exhibit A"was attached and Attorney Kramer stated that the list of items to be sold was
"Exhibit A". Alderwoman Spears noted that the list was not marked as"Exhibit A"and asked
that this be done. Attorney Kramer stated she would do this.
Alderwoman Ohare asked if the resolution was for all property or just for the attached list.
Attorney Kramer stated that the resolution was for the specific property listed and for the trade-in
of the sewer jetter.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
Ordinance 2004-29 Tanglewood Trail
Authorizing Execution of Annexation Agreement
A motion was made by Alderman Sticka to approve an Ordinance authorizing the execution of an
annexation agreement of Tanglewood Development Corporation and to authorize the Mayor and
City Clerk to execute the agreement;seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-9 Nays-0
Spears-aye,Sticka-aye,Besco-aye,Burd-aye,James-aye,
Kot-aye,Munns-aye,Ohare-aye,Prochaska-aye
The Minutes of the Regular Meeting of the City Council—June 8,2004-page 7
Ordinance 2004-30 Tanglewood Trail-Annexing Properties
A motion was made by Alderman Sticka to approve an Ordinance annexing properties to the
United City of Yorkville.Kendall County,Illinois known as Tanglewood Development;seconded
by Alderman James
Motion approved by a roll call vote. Ayes-8 Nays-0
Sticka-aye,Besco-aye,Burd-aye,James-aye,
Kot-aye,Munns-aye,Ohare-aye,Spears-aye
Ordinance 2004-31 Authorizing Execution of Fox Hill PUD Agreement Amendment
A motion was made by Alderman Sticka to approve an amendment to the Planned Unit
Development Agreement for Fox Hill Subdivision for the purpose of rezoning the subject real
property from United City of Yorkville R-2 One Family District to R-4 General Residential
District and B-3 Service Business District and to authorize the Mayor and City Clerk to sign the
Agreement;seconded by Alderman Besco.
Alderman Munns questioned page 4,item 9 regarding the landscape buffer parallel to the
southern property line. He asked if any buffer was planned for the eastern property line.
Alderman Sticka stated that the eastern property line consists of a flood plain,creek and existing
tree line;the property to the south is agricultural with farm animals. The buffer is to help
separate the existing property from the new development. Attorney Kramer noted that it was
discussed at the public hearing for the PUD Agreement that there will be berming closer to the
multifamily residences. Administrator Graff also noted that when the original PUD was
approved,the City did not have a landscape ordinance. The developer has agreed to comply to
the new ordinance with this amendment.
Alderman Munns commented that this PUD amendment has been a tough issue for the residents
of Fox Hill.
Alderwoman Spears noted a typographical error on page 2,paragraph two,third line. The word
"thee"should be"the".
Motion approved by a roll call vote. Ayes-5 Nays-3
Besco-aye,Burd-aye,James-aye,Kot-aye,
Munns-nay,Ohare-nay,Spears-nay,Sticka-aye
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
ADDITIONAL BUSINESS
IML Salary Survey
Alderwoman Spears stated that she tried to access the Illinois Municipal League online salary
survey and couldn't. She asked if Administrator Graff could check if the information that
Finance Director Traci Pleckham gave the Council was correct.
Purchases from Ace Hardware
Alderman Sticka asked the Council to revisit the purchasing policy for Ace Hardware. He stated
that he still supports the idea that the store should be annexed into the City but he noted that the
owner has been approached numerous times to support the City by making donations and
contributions of materials which he has done. He also noted that the City does not pay sales tax.
He asked that the staff be allowed to make purchase at the store. Mayor Prochaska noted that the
owner is a member of the Chamber of Commerce. Alderwoman Ohare asked if the proprietor of
the store was the landowner and Mayor Prochaska clarified that the proprietor did not own the
property. Mayor Prochaska noted that he recently asked Attorney Dan Kramer to approach the
landowner regarding annexing into the City. Attorney Kelly Kramer stated that he attempted to
contact them but was unsure if they met to discuss this. Mayor Prochaska asked Attorney Kelly
Kramer to get an appointment scheduled with the landowner.
ComEd Outages
Mayor Prochaska reported that he met with representatives of ComEd regarding the power outage
that occurred in part of the City for an extended period of time. ComEd stated that the power was
out for fifteen hours but in reality the power was out for up to nineteen hours. Mayor Prochaska
stated that he asked ComEd about their plans for Kendall County since it is a growing area.
ComEd explained to him that the County is spilt into different areas which are serviced out of the
The Minutes of the Regular Meeting of the City Council—June 8,2004-page 8
Joliet,Aurora and Rockford offices. He suggested to ComEd that they should consider
centralizing a service area in Kendall County. He also asked if they had future plans to increase
their staff. They did not give an absolute answer to his question but there was some discussion
regarding adding people in the Aurora office which services the Yorkville area. They did explain
that during a storm,employees are called from all areas to provide service. He also stated that
ComEd explained that if there is an outage,everyone affected should call in. This helps to
determine what type of problem is occurring and the location of the problem.
Route 47 Improvement
Mayor Prochaska reported that he spoke with Representative Patricia Lindner who has been
working hard to get$5 million which is needed for land acquisition for the Route 47
improvement however she reported that this does not appear to be in the state's budget. With out
this funding,the Illinois Department of Transportation(IDOT)will not put this on its five-year
plan. He reported that IDOT has asked for$550,000.00 for the repaving of Route 47 in
Yorkville.
Mayor Prochaska expressed his concerns that the road will not be widened because of the backup
of the road into the community. With only one bridge over the Fox River this creates a problem
with the response of emergency vehicles throughout Yorkville. He stated that he is drafting a
letter to the State of Illinois requesting that they consider working with the City with regards to
improving Routes 47 and 34. He stated that all the communities around Yorkville(Route 34 in
Plano and Oswego and Route 47 in Sugar Grove and Morris)either have four-lane highways or
are slated for a four-lane highway. He stated the he was also going to ask the state to seriously
investigate redirecting truck traffic that does not have specific dealings in Yorkville in an effort to
avoid public safety issues. He stated that he had nothing against the trucking industry however
this continued traffic could create problems in the future.
Aldermen Burd and Munns noted traffic problems on both Routes 47 and 34. Alderwoman
Spears stated that she thought that trucks are not allowed on Orchard Road in Oswego unless they
have business there. Mr.Graff explained that due to oversized load permits,trucks are required
to use the nearest state highway.
EXECUTIVE SESSION
None.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Besco;seconded by
Alderwoman Ohare.
Motion approved by a viva voce vote.
Meeting adjourned at 8:30 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 7
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
MARCH 2,2004
7:00 P.M.
ELECTED OFFICIALS PRESENT:
Mayor Art Prochaska Alderwoman Wanda Ohare
Alderman Joe Besco Alderwoman Rose Spears
Alderwoman Valerie Burd(arrived at 7:30) Alderman Richard Sticka
Alderman Marty Munns City Treasurer Bill Powell
CITY STAFF PRESENT:
City Administrator Tony Graff City Attorney Kelly Kramer
Public Works Director Eric Dhuse Finance Director Traci Pleckham
Director of Parks&Recreation Laura Brown Police Chief Harold Martin
GUESTS:
See attached list.
PRESENTATION
F/Y 04/05 Budget
Finance Director Traci Pleckham gave a synopsis of those revenues currently in the
general fund, which, she stated,has increased overall. The current total is almost $4
million. $3.3 million of that is for MPI's portion of the Bristol Ridge Road funding and
the In-Town Road Program funding. Mrs. Pleckham's handout summarizes those items
in the general fund and reflects what items have changed from last year's budget.
Mrs. Pleckham met with department heads to review the proposed budget that reflect the
current line items. Overall, she reports that there were not a lot of changes from last
year's budget, except for requests for proposed new hires. The Contract for Waste
Management is changing, with the dollar amount for service increasing by sixty cents per
month. The Mayor stated that the City will not be passing this increase onto their
constituents. There was some discussion on the reason for the increase.
Mrs. Pleckham stated there is a projected 20% increase on health insurance.
Mrs. Pleckham further stated that she recently received confirmation that the total special
census is at 8,789. The increase in the state-funded revenues is due to this special census.
The necessary calls and paperwork have been put in to the Secretary of State to be able to
receive the expected dollars from the State. There was some discussion regarding the
State cutting funds.
Mrs. Pleckham also reports that sales tax revenues have increased from what was
estimated from last year. Development fees, she stated, is looking lower than last year's
budget, which, she stated, is due to the upfront funding that was received from
developers, such as MPI, which explains the $80,000 difference from last year.
Page 2 of 7
Administrator Graff stated that a lot of final plats were completed in the spring.
Some of the changes in the proposed Budget Mrs. Pleckham brought to the attention of
the Committee were: Page 3 of the Budget for part-time salaries which reflects an
amount of$19,500 should in fact be $13,500. Those part time salaries were originally
budgeted for 12 months, but later reduced to 5 months. Another item that will be
changed was the line item for bonding which currently is at $1,500. This will actually be
$2,000 this fiscal year, which, she believes is a more realistic figure, after discussion with
City Treasurer William Powell.
After Alderwoman Spears' inquiry of the item listed as Proposed New Hires, Mrs.
Pleckham reported that these positions were for the following: H.R. Coordinator,
Accounting Assistant (or Assistant Treasurer) who may also assigned to assist the deputy
clerk, Assistant Administrator, Community Relations Manager and an existing Office
Assistant, who will be going from part time hours to full time. Administrator Graff
reported that the Assistant Treasurer position is not definite until a job description can be
written and presented. Mrs. Pleckham further reports that when working with the budget
numbers, the proposed position of facilities manager had to be put on hold.
Alderwoman Spears expressed a concern with the positions being proposed, especially
with the positions of H.R. Coordinator and an Assistant Treasurer. She asked what was
being done with the people currently covering these positions. Mayor Prochaska stated
that those people will still be with the City however their duties will be split between the
individuals. Mrs. Pleckham explained that the H.R. Coordinator will handle duties such
as training, new hire orientation, insurance coordination, facilitating with new hire
interviews, etc. Mayor Prochaska stated that the Accounting Clerk's position will still
exist. He stated that in addition to the H.R. and Accounting Clerk position,there will be
another accounting position that will be more of an accountant type position that may
also be the Deputy Treasurer. This position will work with things such as bond issues
rather than accounts receivable or payroll. Administrator Graff indicated that a multitude
of bond issues need to be handled. He stated he believes that he can demonstrate the
justifications for an accounting type position to the Administration Committee.
Alderwoman Spears stated that she was concerned that the personnel of the accounting
department was doubling and she was hesitant to have the City hire this many new people
because the statistics do not equalize the growth. Mayor Prochaska noted that the H.R.
Coordinator will not necessarily be part of accounting but H.R. will probably become its
own department. As to who this position reports to, Mayor Prochaska stated that hadn't
been discussed yet and the Administration Committee would have to review this and
make a recommendation. Alderwoman Spears stated that that the salary survey done with
other larger communities showed they do not have that many people in the accounting
department.
Alderwoman Burd questioned if there were any carry-over funds for the Facade
Committee. Mayor Prochaska stated that funds were carried over once a few yeas ago
which gave the fund $20,000.00 and since then the fund has been kept at this level.
Page 3 of 7
Alderwoman Burd stated she questioned this in case someone renovates the old jail the
City would have the funds to give in support of the project.
Alderwoman Ohare questioned that the wearing apparel fund for the administrative staff
had zero dollars in it. Mayor Prochaska explained that the administrative staff currently
does not have a dress code that requires this allowance and until a code or policy is
established, there will be no funding. Alderwoman Spears asked if she would be
receiving the information regarding the clothing purchases as she requested and Mayor
Prochaska stated that staff was currently working on compiling this information.
Alderwoman Burd suggested that Alderwoman Spears request the information in a
Freedom of Information Request and then the information would have to be provided to
her in seven days.
Alderwoman Spears asked what is covered under the $18,000.00 Travel Expense Fund.
Mrs. Pleckham stated that the fund was used for the Illinois Municipal League
Conference and travel expenses for training seminars. Alderwoman Spears questioned
some luncheon and travel expenses on the Detailed Board Report. Administrator Graff
stated that luncheons with staff, developers or clients are charged to this account.
Alderwoman Spears asked if luncheon expenses could be a separate line item. There was
further discussion on separating this line item out, luncheon expenses and asking the
auditors how to address this. Alderwoman Spears noted that there were luncheons also
charged under Public Relations. She asked what determines which fund is used. Mayor
Prochaska and Administrator Graff explained how funds are allocated to events.
Alderwoman Ohare clarified that the Contingency Fund has been combined from all the
departments. Mayor Prochaska clarified that all the General Funds were combined.
Alderman Munns noted the fund has increased. Mayor Prochaska and Administrator
Graff stated that this is a combined total and consists of funds not expended in the
revenue stream coming into the City. Administrator Graff stated that all Contingency
Fund expenditures are approved by the Mayor's office.
Alderman Munns asked why the Engineering Department's budget increased the most.
Administrator Graff stated that when the department was started all the "ins and outs" of
running an Engineering Department were not known. He stated that the budget has been
affected by growth and adding an Engineering Technician. Mrs. Pleckham also noted
that the Engineering Department has budgeted for two replacement vehicles; a new truck
and car. Alderwoman Spears questioned the increase in their Wearing Apparel line item.
The Council discussed the need for the apparel allowance.
Alderwoman Spears questioned the Wearing Apparel line item under Public Safety's
budget. She noted that their budget went down. Chief Martin stated that the two new
people were hired using funds from MPI. The funds from MPI were also used for
equipment and uniforms and this allowed him to lower the line item. Alderman Munns
suggested adjusting the line item for gasoline due to rising costs. Chief Martin stated that
this was discussed and noted that the Police Department does not have to pay the taxes on
the gasoline. Alderwoman Ohare noted that the Police Department was going to increase
Page 4 of 7
the bike patrol but the budget for this wasn't increased. Chief Martin explained that
bicycles and equipment were purchased under last year's budget and the funds allocated
should be sufficient to purchase another bike and equipment this year. Alderwoman
Ohare asked if the funds for training and conferences were high enough. Chief Martin
stated that after some discussion it was decided that if more funds are needed it could be
addressed at mid-year. Administrator Graff noted that the pager system will be traded in
for Nextels. The pager line item will be zeroed out and the funds added to telephone
expenditures. Alderwoman Spears asked if the radio only Nextels were investigated and
Mrs. Pleckham stated that she just received this information today.
The Council reviewed the individual budgets for Public Works,Public Safety, Library,
Parks&Recreation, etc. Some items discussed were funds for lettering City vehicles,
redevelopment planning, road improvements, building improvements,new squad cars,
weather warning sirens, public works vehicles, reserves for future public works
purchases, an addition to the public works equipment, park equipment, GSI system, debt
service, sewer maintenance fees, a senior center and merit increases (5% increase for
both merit and cost of living).
After an extensive discussion, Mrs. Pleckham stated she would have the rough draft of
the budget at the March 16, 2004 Committee of the Whole (COW) meeting. If the
Council agrees then, the draft will be published and go to a public hearing on April 13,
2004. The budget would then be before the Council for a vote at the April 27, 2004 City
Council meeting.
ECONOMIC DEVELOPMENT COMMITTEE
Whispering Meadows Units land 2—Final Plat
Alderman Sticka reported that the fmal plat substantially matches the preliminary plat
and that Planning Commission unanimously voted for the fmal plat. The Economic
Development Committee also recommends its approval. There were comments or
questions.
This item was placed on the March 9, 2004 City Council meeting regular agenda.
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA
1. Building Department Reports for December 2003 (Revised) and January 2004—EDC
2/19/04
2. Water Department Report for December 2003 - PW 2/23/04
3. Bruell Street Forcemain& Gravity Sewer- IDOT Highway Permit - PW 2/23/04
4. MFT Appropriation- PW 2/23/04
5. Windett Ridge- Earthwork Bond Reduction#1 - PW 2/23/04
6. Windett Ridge - Public Improvement Bond Reduction#1 - PW 2/23/04
Mayor Prochaska reported that the above items were recommended to be placed on the
Consent agenda by the committees. He asked if there were any questions or comments
Page 5 of 7
on these items. Alderman Sticka commented that the developer asked for larger bond
reductions however the City Engineer did not agree with the amount. He stated that it
was his opinion to follow the Engineering Department's recommendation. Alderwoman
Spears complimented Director of Public Works Eric Dhuse for the water meter repairs.
The Council agreed that these items should be placed on the March 9, 2004 City Council
meeting Consent agenda.
MAYOR
Coffee with the Mayor
Mayor Prochaska reported that he would be holding Coffee with the Mayor at Empower Training
on March 6,2004 from 9:00 A.M.to 11:00 A.M.
Remax Ribbon Cutting
Mayor Prochaska reported that the Remax ribbon cutting has been rescheduled for March 12,
2004 at 1:30 P.M.
CITY TREASURER
City Treasurer's Reports
Treasurer Powell reported that the Treasurer's Reports for October, November and
December 2003 and January 2004 have been finished which brings them up to date.
There were no questions or comments on the reports.
This item was placed on the March 9, 2004 City Council meeting Consent agenda.
PARK BOARD
No report.
PUBLIC WORKS COMMITTEE
South Comprehensive Plan Amendment
Alderman Besco reported that the committee asked for details on how the compensation
was determined. He stated that he did not see this information. Administrator Graff
explained that City Planner Mike Schoppe is charging the City at his hourly rate of
$90.00/hour. His private rate to developers is $120.00/hour. SEC Planning Consultants
is charging Mr. Schoppe at their hourly rate with out a discount. Mr. Graff stated he
thought that the Council had been given update information.
This item will be brought back to the COW on March 16, 2004
Sprintcom Lease Agreement—Final Draft
Alderman Besco stated that this was previously reviewed by the Council but it was
pending legal review. There were some minor revisions to the language regarding
outsourcing, overtime and termination of the contract as suggested by the City Attorney.
There were no comments or questions.
Page 6 of 7
This item was placed on the March 9, 2004 City Council meeting Consent agenda.
Engineering F-150 Truck
Alderman Besco stated that it was the consensus of the committee to purchase a truck for
the Engineering Department. Funds are available for the purchase. There were no
comments or questions.
This item was placed on the March 9, 2004 City Council meeting consent agenda.
PUBLIC SAFETY COMMITTEE
No report.
ADMINSTRATION COMMITTEE
Detailed Board Report(Bill List)
Alderwoman Spears state that the committee discussed the list and the committee
recommended its approval. There were no questions or comments.
This item was placed on the March 9, 2004 City Council meeting regular agenda.
ADDITIONAL BUSINESS
Response to Letter to the Editor
Alderwoman Burd stated that she saw a letter to the editor in the Beacon Newspaper
stating that the City of Batavia was a better care taker of the Fox River. She asked that
the Council to authorize the mayor to respond to the letter. It was agreed that Mayor
Prochaska would draft a letter and have the Council review it.
Supporting the Arts
Alderwoman Burd stated that during the goal setting session it was discussed to support
the arts in Yorkville. She stated that she spoke with Sue Vos with the Aurora Area
Convention and Visitors Bureau (AACVB) and asked if she could help. Ms. Vos stated
she could come in and give a presentation to the Council as to how this can be done.
Mayor Prochaska asked Alderwoman Burd to schedule this with Ms. Vos.
Corrected Information
Alderwoman Spears asked if staff ever received the corrected copy of the Para-Transit
Coordinating Council information. Attorney Kramer stated that she had this information
and would fax it to the City.
Polar Plunge
Mayor Prochaska reminded that Council that the Polar Plunge will be held on Saturday,
March 6, 2004 at noon at the pond at Silver Springs State Park. Fifty people have pre-
registered for the event. Ms. Brown noted that this annual fund raiser for the Special
Olympics held in different regions throughout the state. The event in Lake Bluff is one of
the largest and they also have fifty people pre-registered. She stated that the City's pre-
registration number is a good sign for the first year for this event in Yorkville. Mayor
Page 7 of 7
Prochaska stated several City employees are participating and he recommended that
members of the Council attend to show support.
Big Brother/Big Sister Bowling
Mayor Prochaska reported that he participated in the Big Brother/Big Sister Bowling
Event. He state that he beat out the mayor of Oswego,his team average was higher than
theirs (he was the whole team)however he was short on total pins. Alderman Besco was
there to cheer him on and the Yorkville Police Department participated with a whole
team.
There was no other additional business.
The meeting was adjourned at 9:03 P.M.
Minutes taken by Gail Denton
Transcribed by Gail Denton&Jackie Milschewski, City Clerk
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MINUTES of the regular public meeting of the City Council of the
United City of Yorkville, Kendall County, Illinois, held in the
Council Chambers at City Hall, 800 Game Farm Road, Yorkville.
Illinois, in said City, at 7:00 o'clock P.M.. on the day of
,2004.
i * t
The meeting was called to order by the Mayor and upon the roll being called, Arthur
Prochaska, Jr., the Mayor, and the following Aldermen at said location answered present:
and the following Aldermen were absent,
Various business was conducted.
The Mayor announced that the City Council would next consider the adoption of an
ordinance providing for and requiring the submission of the proposition of issuing General
Obligation Bonds to the voters of the City at the general election to be held on November 2,
2004.
Whereupon Alderman presented and the City Clerk read in full an
ordinance as follows:
1696D98.01.0711
DOXP400•XX•6,144
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ORDINANCE ND. _
AN ORDINANCEI providing for and requiring the submission of the
proposition of issuing Cieneral Obligation Bonds to the voters of
the United City of Yorkville, Kendall County, Illinois, at the
general election to be held on the 2nd day of November,2004.
• +
WHEREAS, the United City of Yorkville, Kendall County,Illinois(the "City"). is a duly
incorporated and existing municipality created under the provisions of the laws of the State of
Illinois, and is now operating under the provisions of the Illinois Municipal Code, and all laws
amendatory thereof and supplementary thereto(the "Act");and
WHEREAS, the needs of the City require the expenditure of the amount of not to exceed
$8,750,000 to improve and provide equipment for the.existing Yorkville Public Library and for
expenses incidental thereto(the "Project"),all in accordance with the estimate of cost heretofore
approved by the City Council of the City (the "City Council") and now on file in the office of
the City Clerk of the City(the"City Clerk"); and
WHEREAS, before the City Council can construct and equip the Project and borrow
money and issue bonds for such purpose, a proposition therefor must be submitted to the voters
of the City and be approved by a majority of the voters of the City voting on such proposition at
an election to be held in and for the City and it is deemed advisable, necessary and in the best
interests of the City that a proposition therefor be submitted to the voters of the City at an
election to be held and conducted in accordance with the general election law:
NOW,T ER.EPOpE,Re It Ordained by the City Council of the United City of Yorkville,
Kendall County,Illinois,as follows:
Section 1. That the City Council hereby finds that all of the recitals contained in the
preambles to this Ordinance are full, true and correct and does incorporate them into this
Ordinance by this reference.
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DANIEL J. KRAMER
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Section 2. That it is necessary and in the best interests of the City that the City Council
be authorized to construct and equip the Project.and that it is necessary and In the best interests
of the City that money be borrowed and in evidence thereof bonds of the City be issued therefor
to the amount of not to exceed$8,750,000,
Section 3. That the proposition hereinabove referred to be submitted to the voters of
the City in accordance with the general election law at the general election to be held on
Tuesday, the 2nd day of November, 2004. between the, hours of 6:00 o'clock A.M. and
7:00 o'clock P.M. on said day(the "Electionl.
Section 4 That the Election shall be hold in the voting precincts and at the polling
places established by the County Board(the "County Board")of The County of Kendal),Illinois
(the "County"),for raters of the City at the Election.
Section S. That the County Clerk of the County(the "County Clerk")shall give notice
of the Election (the "Notice") in accordance with the general election law by (i)publishing the
Notice once not more than 30 nor less than 10 days prior to the date of the Election in a local,
community newspaper having general circulation in the City, and (ii)posting a copy of the
Notice at least 10 days before the date of the Election at the principal office of the County Clerk.
Section 6. That the City Clerk shall post a copy of the Notice at the principal office of
the City.
Section 7. That it is hereby found and determined that the Kendall County Record is a
local, community newspaper having general circulation in the City as required by Section 12-5
of the Election Code of the State of Illinois,as amended(the "Election Code").
Section 8. That the Notice shall appear over the name or title of the County Clerk and
shall be substantially in the following form:
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DANIEL J. KRAMER
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NOTICE IS BPREBY GIVEN that at the general election to be held on Tuesday, the 2nd day
of November, 2004,the following proposition will be submitted to the voters of the United City
of Yorkville,Kendall County,Illinois:
Shall bonds in the amount of not to exceed $8,750,000 be issued
by the United City of Yorkville, Kendall County, Illinois, for the
purpose of improving and equipping the existing Yorkville Public
Library and for expenses incidental thereto, said bonds bearing
interest at the rate not to exceed 9%per annum?
The polls at the election will be open at 6:00 o'clock A.M. and will continue to be open
until 7:00 o'clock P.M.of that day.
Dated this day of, 2004.
/s/
County Clerk,The County of Kendall,
Illinois
Section 9. That the ballot to be used at the Election shall be in substantially the
following form, with such necessary alterations, changes, deletions and insertions as may be
required by Articles 24A or 24B of the Election Cock if an electronic, mechanical or electric
voting system is used at the Election'
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DANIEL J. KRAMER
2007/015
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(pace of Ballot)
OFFICIAL.BALLOT
PROPOSITION TO ISSUE NOT TO EXCEED$6,750,000 GENERAL OBLIGATION BONDS
(INSTRUCTIONS TO VOTERS: Mark a cross
(X)in the space opposite the word
indicating the way you desire to vote.)
Shall bonds in the amount of not to
exceed SB,750,000 be issued by the Yes
United City of Yorkville, Kendall
County, Illinois, for the purpose of
improving and equipping the existing
Yorkville Public Library and for expenses NO
incidental thereto, said bonds bearing
interest at the rate not to exceed 9% per
annum?
(Back of Paper Ballot)
OFFICIAL BALLOT
Official ballot for voting on the proposition to issue General
Obligation Bonds of the United City of Yorkville,Keodall County,
Illinois,at the general election held on November 2,2004.
Precinct Number:
Polling Place:
(Facsimile Sjnature)
County Clerk,The County of Kendall,
Illinois
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Section ID. That the Election shall be conducted by the election judges appointed by the
County Board to let in the precincts at which said proposition will be submitted to the voters of
the City.
Section 11. That alter the adoption hereof and not lets than 61 days prior to the date of
the Election, the City Clerk shall certify a copy hereof to the County Clerk in order that the
proposition set forth herein may be submitted to the voters of the City at the Election.
Section 12, That the Election shall be held and conducted and the returns thereof duly
canvassed,all in the manner and time as provided by the general election law.
Section 13. That if any section, paragraph,clause or provision of this Ordinance shall be
held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such
section, paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance,
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Section 14. That all ordinances and resolutions and parts thereof in conflict herewith be
and the same are hereby repealed, and that this Ordinance be in full force and effect forthwith
upon its adoption.
ADOPTED by the City Council on the day of , 2004, pursuant to a
roll call vote as follows:
PAUL JAMES MARTY MIJNNS
RICHARD STICKA WANDA OHARE
'VALERIE BURD Ross SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
the day of ,2004.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois, the
day of ,2004,
Attest:
CITY CLERX
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Alderman , moved and Alderman
seconded the motion that said ordinance as presented and read by the City Clerk be adopted.
After a full discussion thereof, the Mayor directed that the roll be called for a vote upon
the motion to adopt said ordinance as read.
Upon the roll being called, the following Aldermen voted AYE:
and the following Aldermen voted NAY:
Whereupon the Mayor declared the motion carried and the ordinance adopted and did
sign and approve the same in open meeting and did direct the City Clerk to record the same in
the records of the City Council of the United City of Yorkville,Kendall County, Illinois,which
was done.
Other business not pertinent to the adoption of said ordinance was duly transacted at the
meeting.
Upon motion duly made,seconded and carried,the meeting was adjourned.
City Clerk
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DANIEL J. KRAMER
2111/015
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STATE OF ILLINOIS )
) SS
Comm(OF KENDALL )
CERTIFICATION 0?MINUTES
I,the undersigned,do hereby certify that I am the duly qualified and acting City Clerk of
the United City of Yorkville, Kendall County,Illinois (the "City"), and as such officer l am the
keeper of the books, tecoids,files,and journal of proceedings of the City and of the City Council
thereof(the "City Council").
l do further certify that the foregoing is a full, true and complete transcript of that portion
of the minutes of the meeting of the City Council held on the _ _ day of
2004,insofar as the same relates to the adoption of Ordinance No,_ entit.led:
AN ORDINANCE providing for and requiring the submission of the
proposition of issuing General Obligation Bonds to the voters of
the United City of Yorkville, Kendall County, Illinois, at the
general election to be held on the 2nd day of November,2004,
a true,correct and complete copy of which said ordinance as adopted at said meeting appears in
the foregoing transcript of the minutes of said meeting.
l do further certify that the deliberations of the City Council on the adoption of said
ordinance were conducted openly, that the vote on the adoption of said ordinance was taken
openly, that said meeting was held at a specified time and place convenient to the public, that
notice of said meeting was duly given to all of the news media requesting such notice, that an
agenda for said meeting was posted at the location where said meeting was held And at the
principal office of the City Council at least 48 hours in advance of the holding of said meeting,
that said agenda contained a separate specific item concerning the proposed adoption of the
ordinance, a true,correct and complete copy of said agenda as so posted being attached to this
certificate as Exhibit A, that said meeting was called end hold in strict compliance with the
provisions of the Open Meetings Act of the State of Illinois, as amended, the Illinois Municipal
Code, as amended, and the Election Code of the State of Illinois,as amended, and that the City
Council has complied with all of the provisions of said Act and said Codes and with all of the
procedural mica of the City Council,
There is hereby certified to the County Clerk of The County of Kendal), Illinois for
submitting to the voters of the City si the general election to be held on the 2nd day of
November, 2004, the proposition set forth in said ordinance, which said ordinance was duly
adopted by the City Council on the day of .2004.
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[2012/015
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IN WrrNESS WHEREOF, I hereunto affix my official signature and the seal of the City,
this day of , 2004.
City Clerk
(SRAL)'
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DANIEL J. KRAMER• I013/015
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STATE OP ILLINOIS
) SS
COUNTY OF KENDALL )
FILING CERTIFICATE
I,the undersigned,do hereby certify that I am the duly qualified and acting County Clerk
of The County of Kendall, Illinois (the "County"), and as such official I do further certify as
follows:
1. That on the day of January, 2004, there was filed in my office a duly
certified copy of an ordinance entitled;
AN ORDINANCE providing for and requiring the submission of the
proposition of issuing General Obligation Bonds to the voters of
the United City of Yorkville, Kendall County, Illinois, at the
general election to be held on the 2nd day of November.2004.
duly adopted by the City Council of the United City of Yorkville, Kendall County,
Illinois,on the day of ,2004,and that the same has been deposited
in the official files and records of my office,
2. That included in said certification were the form of public question (the
"Question") to be placed on the ballot at the general election to be held on the 2nd day of
November, 2004 (the "Election"), and the date on which the Question was initiated by
the adoption of said ordinance,
3. That the Question will be submitted to the voters of the City at the Election.
4. That notice that the Question will be submitted to the voters of the Ciry at
the Election (the "Notice") will be given as required by Section 12-5 of the Election
Code of the State of Illinois,as amended,by(a)publishing the Notice once not more than
30 nor less than 10 days prior to the date of the Election in , being a
local, community newspaper having general circulation in the City, and (b) posting a
copy of the Notice at my principal office at least 10 days before the date of the Election,
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•
as set forth in Section 5 of said ordinance, and that the Notice will be substantially in the
form set forth in Section B of said ordinance.
IN WrrN8S3 WIIER13OF,I hereunto affix my official signature and the teal of the County
Clerk, this day of ...r._.2804.
County Clerk The County of Kendall,
iThnoie
(SEAL)
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NOTICE OV VLECTION
NOTICE IS HEREBY GIVEN that at the general election to be held on Tuesday,the 2nd day
of November, 2004, the following proposition will be submitted to the voters of the United City
of Yorkville,Kendall County,Illinois:
Shall bonds in the amount of not to exceed $9,750,000 be issued
by the United City of Yorkville, Kendall County, Illinois, for the
purpose of improving and equipping the existing Yorkville Public
Library and for expenses incidental thereto, said bonds bearing
interest at the rate not to exceed 9%per annum?
The polls at the election will be open at 6:00 o'clock A,M. and will continue to be open
until 7:00 o'clock F.M.of that day.
Dated this day of ,2004,
County Clerk,The County of Kendall,
lllinois
06/16/2004 11 . 17 FAX 630 553 5764 DANIEL J. KRAMER 01002/003
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
RESOLUTION NO. 2004-
RESOLUTION APPROVING FINAL PLAT
FOR
PRAIRIE MEADOWS SUBDIVISION
WHEREAS, the City Council of the United City of Yorkville has considered a Petition to
approve the Final Plat of Prairie Meadows Subdivision; and
WHEREAS,the City Council of Yorkville has received a positive recommendation from the
Plan Commission of the United City of Yorkville recommending approval of said Final Plat of
Subdivision; and
NOW THEREFORE,upon Motion duly made,seconded and approved by a majority of those
members of the City Council voting the following action is taken by the City Council:
1. The Final Plat of Prairie Meadows Subdivision is approved and all City officials are
authorized to execute the same.
WANDA OI-IARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA.
1
06/16/2004 11 : 17 FAX 630 553 5764 DANIEL J. KRAMER 0 003/003
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of ,A.D. 20
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this
day of , A.D. 20 .
Attest:
CITY CLERK
Prepared by and return to:
Law Offices of Daniel ). Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
2
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STATE OF ILLINOIS ) 11-10-03
)SS
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
YORICVILLE HILL LANDSCAPING
This Annexation and Planned Unit Development Agreement(hereinafter"Agreement"),
is made and entered into this day of , 2003, by and between the UNITED CITY OF
YORKVILLE, a municipal corporation, hereinafter referred to as"CITY"and NEW
YORKVILLE HILL LANDSCAPING,hereinafter referred to as"OWNER/DEVELOPER".
WITNESSETH
WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which
is legally described in Exhibit"A" attached hereto, consisting of approximately 5.07 acres, more
or less (hereinafter"PROPERTY"); and which is depicted in the Site Plan which is attached
hereto and incorporated herein as Exhibit"B"; and
WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject
matter of said Agreement comprising approximately 5.07 acres, more or less; and
WHEREAS,the subject real property is located contiguous to the corporate boundaries of
the CITY; and is not located within the corporate boundaries of any other municipality; nor is
any portion thereof classified as flood plain; and
WHEREAS,the CITY and OWNER/DEVELOPER agree said Planned Unit
Development consisting of a single lot subdivision with the B-3 Service Business Zoning Use
shall be exclusively for a landscaping business and providing for storage of nursery stock,
landscaping materials and equipment and retail showroom.
WHEREAS, it is the desire of CITY and OWNER/DEVELOPER to annex PROPERTY
and provide for the orderly development of the subject real PROPERTY and to develop the
PROPERTY in the CITY in accordance with the terms of this Planned Unit Development
Agreement and the Ordinances of the CITY; as a Planned Unit Development establishing a
unique open space character and to provide for the orderly flow of traffic in the development and
to adjoining real property; and to provide rezoning to a B-3 Service Business Zoning Use said
parcel; and
WHEREAS, it is the desire of the CITY and OWNER/DEVELOPER to enter into this
Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions
—1—
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of this Agreement and the Ordinances of the CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such Agreement; and
WHEREAS,it is the intent of OWNER/DEVELOPER to design a storm water
management system for the subject PROPERTY that is in conformance with City Ordinances;
and
WHEREAS, all notices required by law relating to the rezoning of the PROPERTY to the
CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Illinois Compiled Statues; and
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to this Agreement all as required by the provisions of the CITY'S
Ordinances and Illinois Compiled Statutes; and
WHEREAS, the OWNER/DEVELOPER and CITY agree that upon execution the this
Agreement the subject PROPERTY shall be designated a Planned Unit Development with an B-3
Service Business Zoning Use as set forth in the attached hereto and incorporated herein as
Exhibit"B'; and
WHEREAS, the OWNER/DEVELOPER agrees to abide by the landscaping provisions of
which are attached hereto and incorporated by reference as Exhibit "C"; and
WHEREAS, in reliance upon the development of the PROPERTY in the manner
proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and
other documents that are necessary to accomplish the rezoning of the PROPERTY; and
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
A. That the subject real property described in the attached Exhibit"A" shall be annexed to
the CITY and that the development of said property shall be subject to approval of all Ordinances
of the CITY; Site Plan approval,engineering consultant approval by CITY staff or outside review
engineering as elected by the CITY and Site Plan approval by the City Council in conformance
with the United City of Yorkville Zoning Ordinance Subdivision Control Ordinance, City
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Reimbursement of Consultants and of Review Fees Ordinances,Municipal Building Fee,
Weather Warning Siren Fee, City Land-Cash Ordinance, and City Development Fee Ordinance,
payable at the time of Site Plan approval,which have been voluntarily contracted to between the
parties and agreed to by OWNER/DEVELOPER as a condition of approval of the Planned Unit
Development Agreement. That OWNER/DEVELOPER shall permit the CITY Building and
Zoning Department to inspect the PROPERTY to determine the improvements to be completed.
B. OWNER/DEVELOPER, except to the extent varied by this Agreement the Site Plan shall
comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and
Subdivision Control Ordinance at the time of execution of this Agreement. No change in the
United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City
Reimbursement of Consultants and of Review Fees Ordinance, and City Development Fee,
which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes,
setbacks,performance standards, or other standards or requirements for this Development except
as provided for in those Ordinances in effect at the time of execution of this Agreement.
Developers,however, will be bound by changes in building codes, building material changes and
the like that may be enacted by the CITY, so long as the same are applied in a nondiscriminatory
manner throughout the CITY. The City agrees that should the United City of Yorkville revise,
alter or otherwise modify the parking requirements contained in its Zoning Ordinance to provide
for a reduction from the standard as of the date of this Agreement, the City will allow the
OWNER/DEVELOPER to comply with reduced standard.
C. Utilities and Public Improvements. That On-Site infrastructure construction and
engineering shall be governed by the standards contained in the Yorkville Subdivision Control
Ordinance and other applicable Ordinances unless specifically addressed in the following,in
which case this Agreement shall control. Roadway right-of-ways,widths of streets, and roadway
construction standards shall comply with the requirements as set out on the approved Site Plan.
D. Sanitary Sewer Facilities.
1. The OWNER/DEVELOPER shall cause the Subject Property,to be annexed to the
Yorkville-Bristol Sanitary District ("Yorkville Bristol" or"YBSD") for the purpose
of extending and connecting to the sanitary sewer lines and treatment facilities of
Yorkville-Bristol should said service be extended within a distance specified by
Ordinance to the PROPERTY. The installation of sanitary sewer lines to service the
Subject Property and the connection of such sanitary sewer lines to the existing sewer
lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final
Engineering as approved by the CITY for each Phase of Development. The CITY
shall fully cooperate with OWNER/DEVELOPER in obtaining such permits as may
be required from time to time by both federal and state law, including,without
limitation, the Illinois Environmental Protection Act, permitting the construction and
connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to
facilitate the development and use of each Phase of Development of the Subject
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Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of
Development which are eighteen(18)inches or greater in diameter("Large Lines")
shall be conveyed to Yorkville-Bristol and Yorkville-Bristol shall take ownership of
and, at its expense, be responsible for the ongoing care, maintenance,replacement and
renewal of said Large Lines, and the sanitary sewer lines which are less than eighteen
inches in diameter("Small Lines") shall be conveyed to the CITY and the CITY shall
take ownership of and, at its expense,be responsible for the ongoing care,
maintenance,replacement and renewal of said Small Lines following the CITY's
acceptance thereof,which acceptance shall not be unreasonably denied or delayed.
2. In the event the CITY requires OWNER/DEVELOPER to oversize water mains,
sanitary sewer mains,or storm sewer lines,the parties shall enter into a written
agreement specifically providing that said costs shall be reimbursed by the CITY, or
be the subject of a Recapture Agreement and Recapture Ordinance in favor of
OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any
oversizing.
3. Any storm water detention facility constructed on-site shall comply with the
requirements as set out on the approved Preliminary Plat,Preliminary and Final
Engineering Plans approved by the City Engineer.
4. That off-site improvements for the provision of water, sanitary sewer and other utility
and infrastructure services shall be provided by OWNER/DEVELOPER according to
the City Subdivision Control Ordinance. After the installation of improvements by
OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision
site potable water characterized by such minimum flows and pressures as required by
the Illinois Environmental Protection Agency.
5. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of a
Recapture Ordinance for any off-site sanitary sewer or water main improvement or
on-site sanitary sewer or water main improvement benefiting future users that are
contiguous or within a reasonable service area of the subject subdivision Any
recapture shall be done by Ordinance after the CITY has reviewed Engineer's
drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the
Improvements submitted by OWNER/DEVELOPER, and approved by a majority
vote of the City Council.
6. OWNER/DEVELOPER.and CITY agree that easements are necessary for off-site
improvements to serve said property with utility and municipal services. The United
City of Yorkville hereby agrees to use its best efforts, including condemnation, to
assist the OWNER/DEVELOPER in the acquisition of easements or permission to
use easements from Kendall Township, Kendall County and the State of Illinois. The
actual cost of acquisition of any easement shall be at the expense of
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06/18/2004 11 : 18 FAX 630 553 5764 DANIEL J. KRAMER Z013/018
OWNER/DEVELOPER.
E, The Planned Unit Development being approved, as part of this Agreement shall be
constructed in substantial conformance with the Site Plan attached hereto and incorporated herein
as Exhibit"B". Deviations from this Agreement shall be allowed only if approved by majority
vote of the City Council, or upon City Engineer's approval as to technical parts of engineering
plans. OWNER/DEVELOPER further agrees to conform its Preliminary and Final Landscape,
Preliminary and Final Engineering and Final Site Plan to provide the buffering and screening
agreed to as set out in the Preliminary Site Plan for the Subject Property and Exhibit"C". Prior
to approval of the Final Site Plan, OWNER/DEVELOPER agrees to obtain an estimate cost of
the landscape improvements referenced to in Exhibit"C"and agrees to post a letter of credit or
bond with the CITY for the amount of said landscape improvements. CITY agrees to reduce
and/or release the letter of credit or bond for the landscaping improvements in accordance with
the policies in place at the time of execution of this Agreement. The OWNER/DEVELOPER
agrees that prior to the issuance of any building permit the site will conform to the CITY
Landscaping Ordinance.
F. Approval of Final Nat and Final Engineering. Upon the submittal by DEVELOPER to
the CITY of a Final Site Plan("Final Site Plan"), final landscape plan ("Final Landscape
Plan") and final engineering plans("Final Engineering") for the Development, which
substantially conform with the Preliminary Plans as to such Phase of Development, the CITY
shall promptly approve such Final Plan so long as it is in substantial conformity with the
approved Preliminary Plan, and that DEVELOPER is not in material breach or default as to any
terms of this Agreement, Final Landscape Plan and Final Engineering in compliance with
applicable law and cause the Final Plan to be duly recorded with the Kendall County Recorder's
office provided DEVELOPER complies with applicable CITY regulations pertaining to (i)the
posting of the applicable Security Instruments, as defined in Paragraph I of this Agreement, for
such Phase of Development, (ii)the payment of applicable fees to the CITY as provided for in
this Agreement and(iii)the procurement of such approvals as may be required by other
governmental authorities with jurisdiction thereover. The Final Plat, Final Landscape Plan and
Final Engineering are referred to herein collectively as the "Final Plans".
G. AMENDMENTS TO ORDINANCES. All ordinances,regulations, and codes of the
CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water
management and drainage, building requirements, official plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the Subject Property and its development for a period of five(5)years from the date of
this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance
Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after
passage by the City Council, so long as said changes are applied uniformly throughout the City .
Any Agreements, repeal, or additional regulations which are subsequently enacted by the CITY
shall not be applied to the development of the Subject Property except upon the written consent
of DEVELOPER during said five(5)year period. After said five(5)year period, the Subject
—5—
06/16/2004 1 1. 16 FAX 630 553 5764 DANIEL J. KRAMER 1014/018
Property and its development will be subject to all ordinances,regulations, and codes of the
CITY in existence on or adopted after the expiration of said five(5)year period, provided,
however, that the application of any such ordinance, regulation or code shall not result in a
reduction in the number of residential building lots herein approved for the Subject Property,
alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided
lot or structure constructed within the Subject Property being classified as non-conforming under
any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the
CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to
the Subject Property pursuant to the express and specific mandate of any superior governmental
authority, such ordinance or regulation shall apply to the Subject Property and be complied with
by DEVELOPER,provided, however, that any so called "grandfather"provision contained in
such superior governmental mandate which would serve to exempt or delay implementation
against the Subject Property shall be given full force and effect.
H. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public
improvements constructed as a part of the development shall be accepted by the CITY pursuant
to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due
diligence in accepting said public improvements following DEVELOPER's completion thereof
in compliance with the requirements of said ordinance,and shall adopt the resolution accepting
said public improvements not later than thirty(30) days following the approval of the as built
plans.
G. GENERAL PROVISIONS.
Enforcement. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties or their successors or assigns by an ap-
propriate action at law or in equity to secure the performance of the covenants and
agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNER/DEVELOPER and their successors in title and interest,
and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon subsequent grantees and successors in
interest of the OWNER/DEVELOPER and the CITY. The foregoing to the
contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER
hereunder shall not be deemed transferred to or assumed by any purchaser of a lot
improved with a dwelling unit who acquires the same for residential occupation,
unless otherwise expressly agreed in writing by such purchaser.
This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, excepting the Annexation Agreement it
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06/18/2004 11 . 18 FAX 630 553 5764 DANIEL J. KRAMER E 015/018
amends, regarding the subject matter hereof shall be deemed to exist to bind the
parties. The parties acknowledge and agree that the terms and conditions of this
Agreement, including the payment of any fees, have been reached through a
process of good faith negotiation,both by principals and through counsel, and
represent terms and conditions that are deemed by the parties to be fair,
reasonable, acceptable and contractually binding upon each of them.
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: United City of Yorkville
Mayor Arthur F. Prochaska, Jr.
800 Game Farm Rd.
Yorkville, IL 60560
With a Copy to: United City of Yorkville's Attorney
Law Offices of Daniel J. Kramer
1107A. S. Bridge St.
Yorkville, IL 60560
If to the OWNER/ Yorkville Hill Landscaping
DEVELOPER: 8591 Route 126
Yorkville,IL 60560
With a Copy to: Attorney John McAdams
624 W. Veterans Parkway
Suite D
Yorkville, IL 60560
Or to such other addresses as any party may from time to time designate in a
written notice to the other parties,
Severability. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the
event any part or portion of this Agreement, or any provision, clause, word, or
designation of this Agreement is held to be invalid by any court of competent
jurisdiction, said part,portion, clause,word or designation of this Agreement shall
be deemed to be excised from this Agreement and the invalidity thereof shall not
effect such portion or portions of this Agreement as remain. In addition, the
CITY, OWNER, and DEVELOPER shall take all action necessary or required to
fulfill the intent of this Agreement as to the use and development of the Subject
—7—
06/18/2004 11 : 18 FAX 630 553 5764 DANIEL J, KRAMER Z016/018
Property.
Agreement This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties,pursuant to
applicable provisions of the City Code and Illinois Compiled Statutes. This
Agreement maybe amended by the CITY and the owner of record of a portion of
the Subject Property as to provisions applying exclusively thereto, without the
consent of the owner of other portions of the Subject Property not affected by such
Agreement.
Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNER/DEVELOPER to sell or convey all or any
portion of the Subject Property, whether improved or unimproved.
Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNER/DEVELOPER, and their successors
or assigns, to develop the Subject Property in accordance with the provisions of
this Agreement,provided said ordinances or resolutions are not contrary to law.
The CITY agrees to authorize the Mayor and City Clerk to execute this
Agreement or to correct any technical defects which may arise after the execution
of this Agreement.
Term of Agreement. The term of this Agreement shall be for five(5)years. In
the event construction is commenced within said five year period all of the terms
of this Agreement shall remain enforceable despite said time limitation,unless
modified by written agreement of the CITY and DEVELOPER/OWNER.
Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
Recording, This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at the expense of OWNER/DEVELOPER.
Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original,but all of which together shall constitute one and the
same document.
No Moratorium. The CITY shall not limit the number of building or other
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06/18/2004 11 18 FAX 630 553 5764 DANIEL J KRAMER Z017/018
permits that may be applied for within any opened phase due to any CITY
imposed moratorium and shall in no event unreasonably withhold approval of said
permits or approval for the Final Plat of any Phase of the subdivision. Nothing
contained herein shall effect any limitations imposed as to sanitary sewer or water
main extensions by the Illinois Environmental Protection Agency, or Yorkville-
Bristol Sanitary District. (Please include language stating that the City has
adequate water sources/availability to serve the Development)
Time is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Agreement shall be performed in a timely manner by all parties
hereto.
Exculpation. It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having jurisdiction over
the Subject Property, the CITY,the OWNER/DEVELOPER, including,but not
limited to, county, state or federal regulatory bodies.
IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this
day of, 2003.
UNITED CITY OF YORKVILLE,
Kendall County, Illinois
By:
MAYOR
Attest:
CITY CLERK
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06/18/2004 11 18 FAX 630 553 5764 DANIEL J. KRAMER Z018/013
OWNER/DEVELOPER:
YORKVILLE HILL LANDSCAPING
Attest:
Dated:
—10—
06/18/2004 11 . 17 FAX 630 553 5764 DANIEL J. KRAMER U]002/018
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO, 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
YORKVILLE HILL LANDSCAPING
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to
the annexation and 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 Annexation and 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 (2002),as amended,
for the execution of said Annexation and Planned Unit Development Agreement has been fully
complied with; and
WHEREAS, the property is contiguous to the City.
1
08/15/2004 11: 17 FAX 630 553 5764 DANIEL J. KRAMER Z003/018
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
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, an Annexation and Planned Unit Development Agreement concerning the
annexation and development of the real estate described therein, a copy of which Annexation and
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 JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 20 .
MAYOR
2
06/18/2004 11 : 17 FAX 630 553 5764 DANIEL J. KRAMER 1004/016
PASSED by the City Council of the United City of Yorkville, Kendall County,Illinois this
day of , A.D. 20
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
3
06/18/2004 11 ' 17 FAX 630 553 5764 DANIEL J KRAMER Z 005/018
STATE OF ILLINOIS )
)ss
COUNTY OF KENDALL )
ORDINANCE NO.2004-
ORDINANCE ANNEXING PROPERTIES OF
YORKVILLE HILL LANDSCAPING
TO
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
WHEREAS,YORKVILLE HILL LANDSCAPING,as record owner in fee simple of a tract
of land contiguous to THE UNITED CITY OF YORKVILLE,have heretofore submitted a Petition
for Annexation of said property; and
WHEREAS, the development and annexation of said land have been considered by THE
UNITED CITY OF YORKVILLE; and
WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to
annex the said land described in said Petition for Annexation to THE UNITED CITY OF
YORKVILLE; and
WHEREAS, the Petitioner is the Owner of Record of said property and no other electors
reside thereon; and
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06/18/2004 11 17 FAX 830 553 5764 DANIEL J. KRAMER 008/018
WHEREAS, said property is not within any other municipality; and
WHEREAS, said Petition is under oath requesting the annexation of said property to THE
UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in
accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11-
15.1-1
/11-15.l-1 et. seq(2002).
WHEREAS,said property is contiguous to THE UNITED CITY OF YORKVILLE and not
within the corporate limits of any municipality; and
WHEREAS,the statutes provide that upon affirmative vote of a majority of the City Council,
contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall County,
Illinois.
BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE,Kendall
County,Illinois:
Section 1: That the property legally described as follows be and the same is hereby annexed
to THE UNITED CITY OF YORKVILLE,Kendall County, Illinois:
See Attached Legal Description (Exhibit"A")
Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be,and they are
hereby,extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE,
Kendall County,Illinois.
Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be,and is hereby,
authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified
copy of this Ordinance,together with an accurate map of the territory annexed,which map shall be
certified as to its correctness.
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06/18/2004 11 17 FAX 630 553 5764 DANIEL J. KRAMER Z007/018
Section 4: That the property described in Exhibit "B" is hereby annexed and zoned as
follows: B-3 Service Business District.
Section 5: That all Ordinances or portion of Ordinances in conflict herewith be,and they are
hereby repealed insofar as such conflict exists.
Section 6: That this Ordinance shall take effect and be in full force and effect upon and after
its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall
County, Illinois, as herein provided, this day of , 2004.
WANDA OHARE JOSEPH BESCO
VALERIE BURL) PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me, as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D, 20
MAYOR
3
06/18/2004 11 . 17 FAX 830 553 5764 DANIEL J. KRAMER fJ008/018
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of , A.D. 20
Attest:
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
4
AMENDMENT TO ANNEXATION AGREEMENT,
ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(The Westbury Village Subdivision)
2[CH02/22242448.18
6/18/2004 1:04 PM]
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Sanford M. Stein
Gardner Carton & Douglas, LLC
191 N. Wacker Drive, Suite 3700
Chicago, IL 60606
(312) 569-1229
Fax: (312)-569-3229
AMENDMENT TO ANNEXATION AGREEMENT
ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(The Westbury Village Subdivision)
THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is
made and entered as of the day of , 2004, by and between OCEAN
ATLANTIC CHICAGO, LLC, a Delaware Limited Liability Company ("DEVELOPER") THE
ESTATE OF RICHARD A. UNDESSER and HENRIETTA UNDESSER22{ ("OWNER"),}23r
OCEAN ATLANTIC CHICAGO/PFG-WESTBURY. LLC ("OWNERS")] and the UNITED
CITY OF YORKVILLE24[J"CITY")], a municipal corporation organized and existing under
and by virtue of the laws of the State of Illinois25{ ("City")} by and through its Mayor and
26{.1lderran}27[Aldermen] ("Corporate Authorities"). OWNER, DEVELOPER and 28{the
City}29[CITY] are sometimes hereinafter referred to individually as a"Party" and collectively as
the "Parties".
RECITALS:
A. 30{ OWNER is}31[OWNERS and Developer are] the 32{OWNER}33[OWNERS]
of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto
("Undesser Property").
B. Richard A. Undesser, Henrietta Undesser and 34{the City}35[CITY], have
heretofore entered into that certain Annexation Agreement dated July 1, 1997 36{with the City
}("the 1997 Annexation Agreement")37[ with CITY] which provided for, among other things,
the annexation of a portion of the Undesser Property to 38{the City}39[CITY].
C. 40{ The OWNER desires}41[OWNERS desire] to annex additional property
legally described on Exhibit "B" attached hereto (the "Annexation Parcel"), to 421t-he
€ ty}43[CITY] for the purposes of developing one contiguous planned unit development (PUD)
known as the Westbury Village Subdivision (approximately 300 acres). The Annexation Parcel
is comprised of 43 acres more or less and is shown on the Plat of Annexation attached hereto as
13{(1402 22212,148 17 } 14{
;�la{1-}1� .
19{ } [CH02/22242448.18 ]
{443} [6/18/2004 1:]0421[PM]
Exhibit "B-1". The Annexation Parcel is contiguous with the existing corporate limits of 44{the.
}CITY, and is not within the boundary of any other municipality.
D. 451
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{-
}5{2}6{-
}
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}46{4_} 47[1.] The Annexation Parcel is located within the Bristol Kendall
Township Fire Protection District, the Bristol Township Road District and will remain within the
jurisdiction of the Bristol Kendall Fire Protection District and, upon annexation, will be served
by 48{t e-I CITY'S public library.
2. The corporate authorities of 49{the -}CITY, after due and careful
consideration, have concluded that the annexation of the Annexation Parcel to 50{t-he-}CITY
would further the growth of 51{the--}CITY, enable 52{the-}CITY to control the development of
h interests the area and serve the best in eres s of 53{the-}CITY.
E. DEVELOPER desires to proceed with the development of the Undesser
Property and the Annexation Parcel (hereinafter collectively referred to as the "Subject
Property") for residential and commercial use in accordance with the terms and provisions of
this Agreement.
F. 54{ OWNER}55[OWNERS] and DEVELOPER further desire to amend the 1997
Annexation Agreement as it pertains to, and in accordance with, the teims and provisions of this
Agreement in order to facilitate the development of the Subject Property for a residential Planned
Unit Development, and 56{the City}S7[CITY] is agreeable to amending the 1997 Annexation
Agreement in accordance with the teens and provisions of this Agreement. This Agreement is
not intended, and shall not be construed, to alter or amend the 1997 Annexation Agreement and
the rights, duties and obligations thereunder as the same pertains to the real estate that is the
subject of the 1997 Annexation Agreement, except as modified by this Agreement.
G. DEVELOPER proposes that a portion of the Subject Property be rezoned
from Kendall County A-1 Agricultural and United 5 {City}59[CITY] of Yorkville B-3 Service
Business District and A-1 Agricultural, to United 60{ }61[CITY] of Yorkville Planned Unit
Development with zoning districts ("Amended Zoning Districts") of B-3 Service Business
District (with the 62-area designated ]special use B-3 63{allowwed }in the 1997 Annexation
Agreement surviving with this Agreement but only over that area 64[as ]described in the 1997
Agreement)65{—}66[JR-2 One Family Residence District, and R-4 General Residence District.
A legal description of each of the Amended Zoning Districts is attached hereto and made a part
hereof as Exhibit "B-2". A graphic description of the Amended Zoning District is attached
hereto as Exhibit "B-3".
H. All public hearings, as required by law, have been duly held by the
appropriate hearing bodies of 67{the City}68[CITY] upon the matters covered by this Agreement.
I 69{ The City}70[CITY] and DEVELOPER have given all appropriate notices due
to be given pursuant to applicable provisions of the Illinois Compiled Statutes and 71{tom
City}72[CITY] Ordinances.
3 .
{.CF1 2 :2u 12135 17
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J. The Corporate Authorities, after due and careful consideration, have
concluded that the amendment of the 1997 Annexation Agreement in accordance with the terms
and provisions of this Agreement, and the rezoning, subdivision and development of the Subject
Property as provided for herein, will inure to the benefit and improvement of 73{t e
City}74[CITY1 in that it will increase the taxable value of the real property within its corporate
limits, promote the sound planning and development of 75{the City}76[CITY1 and will otherwise
enhance and promote the general welfare of the people of 77{the City}78[CITY].[
K. 79
(i) {K. (i) 80Each party agrees that it is in the best interests of the
81{OWNER}82[OWNERS], DEVELOPER and 83{the City}84[CITY] to develop the
Subject Property as a Planned Unit Development (PUD) establishing a unique character
and to provide for the orderly flow of traffic in the development and to adjoining real
property
ii { (ii) 85Each party agrees that it is in the best interest of the local
governmental bodies affected and the DEVELOPER and 86{OWNER}87[OWNERS] to
provide for specific performance standards in the development of the Subject Property.
{(iii) 88The Annexation Parcel is located contiguous to the corporate boundaries
of 89{the-}CITY; and is not within the corporate boundaries of any other municipality.
L. It is the desire of 90{the }CITY, DEVELOPER and
91{OWNER}92[OWNERS] that the development and use of the Subject Property proceed as
conveniently as may be, in accordance with the terms and provisions of this Agreement, and be
subject to the applicable ordinances, codes and regulations of 93{tom }CITY now in force and
effect, except as otherwise provided in this Agreement.
M. 94{ The }CITY's Plan Commission has considered the Petition, and 95{t e
}CITY Council has heretofore both requested and approved the proposed land use and the
zoning of the same at the request of 96{OWNER}97[OWNERS] and DEVELOPER.
N. The 98{0 NER}99[OWNERS] and DEVELOPER and their
representatives have discussed the proposed annexation of the Annexation Parcel and have held
public meetings with the Plan Commission and 10°{the City}101[CITY] Council, and prior to the
execution hereof, notice was duly published and a public hearing was held to consider this
Agreement, as required by the statutes of the State of Illinois in such case made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement and to
3 4
{Ct�J '_'2.32118.17-}
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} 14} {-
1
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{23212318} [4]
9[
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{x'29} [6/18/2004 1:10412[PM]
supplement and in addition to the Petition for Zoning and Annexation and drawings submitted
therewith, including the approved Preliminary 102[PUD Plan and ]Plat of Subdivision to be
approved by 103{he--}CITY Council upon the following terms and conditions and in
consideration of the various agreements made between the parties, hereby agree as follows:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made
pursuant to and in accordance with the provisions of 104{tl }CITY Ordinances and applicable
provisions of the Illinois Compiled Statutes and the Illinois Constitution.
2. ANNEXATION.
A. As to the Annexation Parcel, this Agreement is made pursuant to and in
accordance with the provisions of Sections 5/1 1°5E1115.11 et. seq., of the Illinois
Municipal Code (Chapter 65, Illinois Compiled Statutes, 2002) and with respect
to the Subject Property, this Agreement is made pursuant to the Planned Unit
Development requirements of Illinois Compiled Statutes and the Special Use
Ordinance of106{—tthe} CITY; that said State of Illinois statutory provisions
provide for annexation agreements to be entered into between owners of record
and municipalities; that all of the requirements of the Illinois Compiled Statutes
("Statutes") and specifically Sections 5/1 115.11 et. seq., of the Illinois Municipal
Code (Chapter 65, Illinois Compiled Statutes, 2000), in regard to publication and
notice have been met prior to the date fixed for the hearing on the proposed
Agreement.
B. As to the Annexation Parcel, the 107{OWNER has}108[OWNERS have]
filed with 109{the Cite}''°[CITY] Clerk of 11{-the} CITY a proper Petition for
Annexation and this Agreement is entered into after public hearing(s) before the
applicable corporate authorities of "2{tom-}CITY, which hearings were held in
accordance with the provisions of the Statutes of the State of Illinois.
C. Upon the execution of this Agreement by the "3{OWNER,
tle}"[OWNERS and Developer.] CITY shall execute this Agreement and enact
ordinances necessary to annex the Annexation Parcel into the corporate limits of
"5{tle-}CITY pursuant to the Petition for Annexation and subject to the terms of
this Agreement. It is agreed that 116{the-}CITY will promptly record the enacted
annexation ordinance and any required plats with the Kendall County Recorder's
Office and will file same with the Kendall County Clerk's Office.
D. If for any reason and at any time, the annexation of the Annexation Parcel
to 117{tl --}CITY is legally challenged by any person or entity by an action at law
or in equity, 118{the }CITY shall: (i) cooperate with the
}
7{22212148}8[5]
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119{OWNER}120[OWNERS and Developer] in the vigorous defense of such
action through all proceedings, including any appeals; and (ii) take such other
actions as may then or thereafter be possible pursuant to the Illinois Municipal
Code to annex the Annexation Parcel and/or other properties to 121{the }CITY so
that the annexation of Annexation Parcel to 122{ti }CITY can be sustained
and/or effected.
3. ZONING. Contemporaneously with the annexation of the Annexation
Parcel and the execution of this Agreement, the Corporate Authorities shall adopt such
ordinances as may be necessary and appropriate to amend the Zoning Ordinance of 123{tlie
}CITY such that the Subject Property can be zoned and used within the following zoning
classifications: B-3 Service Business District with special use, R-2 One Family Residence
District, and R-4 General Residence District, all as depicted on Exhibit B-3, attached hereto and
made a part hereof. The zoning map of 124{t-l }CITY shall thereupon be modified to reflect the
classifications of the Subject Property as aforesaid.
4. SUBDIVISION OF UNDESSER PROPERTY.
A. Approval of Preliminary PUD Plan.
(i) {(i) 125DEVELOPER has submitted to 126{the }CITY a Preliminary
PUD127{.} Plan'28[ and Plat] for the Subject Property (prepared by The
Lannert Group (with a latest revision date of 129{February 12, 2001), and
an Alternate P.U.D. Plan (dated February 12, 2001) copies}130[April 30,
2004 a co_ of which Preliminary PUD Plan 131{and Alternate
_ ' •
--}'32[Plat is] attached hereto and made a part
hereof as Exhibit "C" ("Preliminary PUD Plan133{") and Exhibit "C 1"
(Alternate PUD Plan) respectively}134( and Plat")1. Hereinafter, the
135{terms}136[term] "Preliminary PUD Plan137{=} and 138{``Alternate
- ' - r .-}139[Plat]" shall be referred to 140{collectively }as
the "Preliminary PUD Plan". DEVELOPER has also submitted to 141{the
}CITY a Preliminary Open Space Plan, a Buffer Yard Planting Plan, a
Landscape Plan-Area Details and a Sign Package Plan Sheet for the
subject property (prepared by the Lannert Group, all with the latest
revisions dated of 142{February 12,}143[April 30.] 2004) which combined
are referred to as the Preliminary Landscape Plan and are attached hereto
as Exhibit "D" and a "Preliminary1441 Engineering Plan]" 14'{enbineering
plan (}prepared by Cemcon, Ltd. with latest revision date as of
146{February 12,}147[April 29,] 2004, a copy of which Preliminary
148{engineering plan}149[Engineering Plan] is attached hereto as Exhibit
"E" ("Preliminary Engineering Plan"). The Preliminary
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Iso{S3te}'51[PUD I Plan, Preliminary Landscape Plan and Preliminary
Engineering Plan are collectively referred to as the Preliminary Plans.
Prior to execution of this Agreement, DEVELOPER has submitted the
Preliminary 152[PUD }Plan to the Plan Commission of 153{t4e--}CITY. In
accordance with the Preliminary PUD Plan, the Subject Property shall be
developed in substantial conformance with the 154{ene}155[single}-
family156[ detached] and 157{m$ti}158[single]-family159[ attached]
dwelling unit 160[pods land commercial area 161{pads}162[p_od] as set forth
in the Preliminary PUD Plan, with a total buildable subdivided lot count
not to exceed 289 of one-family 163[detached dots, 164[and_]601 165{multi
family units including}166[single-family attached units. The single-family
attached units shall consist ofi 296 Townhome Units and 305 Courtyard
Home Units167{-and}168[. The Commercial Area shall be] 22.7 acres169{
. ' ., . .. ---}, subject to Final Plat and
Final Engineering review, as defined in Paragraph 3.B. hereof. As used in
this Agreement, the term "Courtyard Home" shall mean townhome type
units situated around a center court with rear garage entry.
ii {(ii) 170The DEVELOPER is required to submit a 171{combined
preliminary and final}172[Final] PUD 173{per}174[Plan] and
175{ Plat] that substantially conforms with the Preliminary
177{Site}178[PUD] Plan, for review and approval in accordance with
179{City Ordinances. (a) The parties acknowledge that the Preliminary
• " _ 4•-. _"
City}180[CITY Ordinances].
(a) The Subject Property shall be developed in the manner and in accordance
with the Preliminary PUD Plan, and such development shall be in
conformance with 181{ 3e—}CITY's Zoning Ordinance, Subdivision
Regulations, Building Code, and other CITY ordinances, codes, rules and
regulations pertaining to the development of the Subject Property as
provided in Paragraph 4B of this Agreement, except as otherwise modified
or varied pursuant to the terms of this Agreement. The engineering design
for the 182[unit layouts, }sanitary sewer, water, storm sewer service and the
storm water retention/detention, as well as the streets and sidewalks
within, upon and serving the Subject Property, shall be in substantial
conformance with the 1831-approved}Preliminary Engineering Plan.
184DEVELOPER is authorized to undertake mass earthwork and
grading of the Subject Property, or so much thereof as DEVELOPER shall
3{Ci L,2224211-8 17-1 41_
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choose, after approval of the Preliminary PUD Plan 185[and ]prior to
approval of 186{: - . ., . .. . - ., . .
engineering}187[the Final PUD Plan and Plat and Final Engineering] and
in accordance with 188{the City}189[CITY]'s Soil Erosion and Sediment
Control Ordinance190[j at Developer's sole risk.
B. Approval of 191{Prelimil arvl}Fina1192[ PUD Plan and' Plat and
193{Preliminary/}Final Engineering.
{(i) '94DEVELOPER shall have the right to develop the Subject
Property in such number of phases or units (individually a "Phase of
Development" and collectively the "Phases of Development") as
DEVELOPER may from time to time determine in its sole discretion195{
Developer shall be permitted to submit a preliminary plat for the entirety
of the Subject Property. and at the same time submit its final plat for the
engineering}196[ upon submittal of a Final Plat for such phase or phases.
CITY may require Final Engineering] for certain elements of additional
phases as they may affect the final plat for which approval is sought.
Nothing herein requires construction of elements outside of the phase of
development for which final plat approval is sought except to the extent
that any public utility improvements are required to serve the platted
subject phase.
(ii) {(ii) 197Upon the submittal by DEVELOPER to 198{ }CITY of a final
plat of subdivision ("Final Plat"), final landscape plan ("Final
Landscape Plan") and final engineering plans ("Final Engineering
Plan") for a Phase of Development, which substantially confoim with the
199[approved ]Preliminary PUD Plan and approved 200{preliminary
plat}201[Preliminary Engineering Plan] as to such Phase of
Development,202{-the} CITY shall promptly approve such Final Plat, so
long as it is in substantial conformity with the approved Preliminary PUD
Plan, and in compliance with applicable law, and cause the Final Plat to be
duly recorded with the Kendall County Recorder's office provided
DEVELOPER complies with applicable CITY regulations pertaining to
(a) the posting of the applicable Security Instruments, as defined in
Paragraph 7 of this Agreement, for such Phase of Development, and (b)
the payment of applicable fees to 203{he-}CITY as provided for in this
Agreement. 204{The-}CITY shall cooperate with DEVELOPER to secure
such approvals as may be required by other governmental authorities with
jurisdiction 205{thereover}206[there over]. The Final Plat, Final Landscape
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Plan and Final Engineering Plan are referred to herein collectively as the
"Final Plans".
iii {(iii) The 207CITY acknowledges that additional time than that accorded
in 208{the CitS}209[CITY]'s Subdivision Regulations may be required
before DEVELOPER can submit one or more final plats of subdivision for
approval, due to time required for construction of sanitary sewer lines and
expansion of off-site sanitary sewer plant capacity. Accordingly,
DEVELOPER shall have seven (7) years from the date of approval of the
Preliminary PUD Plan to submit any final plat for review and approval,
notwithstanding any shorter time period for such submittal in any
applicable ordinance, code or regulation.
iv {(i-v-) 210-- Concurrent with 211{and prior to recording}212[submittal of] a
Final Plat for CITY's review213{ of Final Plans for a Phase of
Development}, DEVELOPER shall submit to 214{tom--}CITY for its review
a copy of the Declaration of Covenants, 2151-Conditions and
]Restrictions216{ and Easements} (or similarly named document)
("Declaration") which will be used by DEVELOPER to establish the
covenants, conditions and restrictions for such Phase of Development.
The Declaration shall provide for the authority of DEVELOPER to
establish an association or associations of homeowners (each a
"Homeowners Association") which shall have Primary Responsibility,
217{as defined in Paragraph 24 hereof, }for the ownership, care and
maintenance of the common open space areas within the Subject Property
as listed in Exhibit "F" attached hereto ("Common Facilities218[ Plan]")
and the collection of assessments from the association members to defray
the cost thereof. The Declaration shall be recorded for each Phase of
Development simultaneously with the recording of the Final Plat for each
Phase of Development. The Backup or Latent SSA, as defined in
Paragraph 24 of this Agreement, shall be utilized by 219{tl }CITY to
carry out the Secondary Responsibility, as defined in said Paragraph (24),
to fund the cost of maintaining the Common Facilities.
C. Right to Farm Disclosure. DEVELOPER agrees to include Kendall
County "Right to Farm Statement" language and a "Statement Authorizing
Continuing Business Operations" attached hereto as Exhibit "G" on each Final
Plat of Subdivision.
5. DEVIATIONS FROM LOCAL CODES. The specific deviations from
220{the-}CITY's ordinances, rules, and codes as set forth in Exhibit "H" attached hereto have
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been requested, approved and are permitted with respect to the development, construction, and
use of the Subject Property ("Permitted Deviations").
6. UTILITIES AND PUBLIC IMPROVEMENTS.
221{OWNER}222[OWNERS] and DEVELOPER agree that any extension and/or construction of
the following utilities and public improvements shall be performed in accordance with existing
CITY subdivision regulations as varied or modified by this Agreement, and such work and the
cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in
this Agreement:
A-1. Sanitary Sewer Facilities. 223{The:. City}224[CITY] represents but does not
warrant to 22'{OWNER}226[OWNERS] and DEVELOPER that the sanitary sewer
treatment facilities that serve or will serve the Subject Property, owned and
operated by the Yorkville-Bristol Sanitary District (YBSD) have sufficient
capacity to adequately serve the needs of DEVELOPER and occupants of the
SUBJECT PROPERTY as developed pursuant to the terms of this Agreement, but
227{t-1 --}CITY does warrant that it will have sanitary sewer interceptor lines
sufficient to serve the needs of DEVELOPER and occupants of the Subject
Property as developed in accordance herewith. Subject to legal review and YBSD
commitment 228{(OWNER}22910WNERS1 and DEVELOPER shall cause the 43-
acre portion more or less, of the Subject Property not previously done so, or such
developable portions thereof as may be appropriate, to be annexed to the YBSD
for the purpose of extending and connecting to the sanitary sewer lines and
treatment facilities of the YBSD. The installation of sanitary sewer lines to
service the Subject Property and the connection of such sanitary sewer lines to the
existing sewer lines of the YBSD shall be carried out in substantial compliance
with the Final Engineering Plan as approved by 230{the—}CITY and by the
231{YBS District}232[YBSD] as required for each Phase of Development. 233{
}CITY shall fully cooperate with 234{OWNER}235[OWNERS] and DEVELOPER
in obtaining such permits as may be required from time to time by both federal
and state law, including, without limitation, the Illinois Environmental Protection
Act ("IEPA"), permitting the construction and connection of the sanitary sewer
lines to the YBSD facilities, in order to facilitate the development and use of each
Phase of Development of the Subject Property. 236{Furthermore. the City
may}237[CITY shall obtain all necessary easements and other property rights as
may be required, and shall] use its power of 238{condemnation}239[eminent
domain] if necessary240[_] to secure the necessary easements 241{to obtain}242[and
any other propert r rights to install] the sanitary sewer main extensions 243{and the
cost and expense}244[for the Rob Roy Creek Sanitary Sewer Interceptor (the
"Sanitary Sewer Interceptor"). The costs] incurred by 245{t-he-}CITY246[ for such
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easements and other property rights] shall be paid by
247{OWNER}248[OWNERS]/DEVELOPER and added to the recapture amounts
described in the 1997 Annexation Agreement. 2491If CITY has not obtained the
aforesaid easements and other property rights prior to October 15, 2004, CITY
shall immediately commence condemnation proceedings, if it had not already
done so, to obtain the same. CITY shall complete its acquisition of the easements
and other property rights not later than January 15. 2005.]
250[A-2]The sanitary sewer mains constructed by DEVELOPER for each Phase of
Development which are eighteen (18) inches or more in diameter ("Large
Lines") shall be conveyed to the YBSD and the YBSD shall take ownership of
and, at its expense, be responsible for the ongoing care, maintenance, replacement
and renewal of said Large Lines. The sanitary sewer lines which are less than
eighteen (18) inches or smaller in diameter ("Small Lines") shall be conveyed to
251{the-}CITY and252{-t e} CITY shall take ownership of and, at its expense, be
responsible for the ongoing care, maintenance, replacement and renewal of said
Small Lines following 253{the—}CITY's acceptance thereof; which acceptance
shall not be unreasonably denied or delayed. 254{
}
255{ A 2. The CITY represents and warrants to DEVELOPER that there is no
administrative, judicial. or legislative action pending or being threatened that
would result in a reduction of, or limitation upon. any party's right to use the
sanitary sewer.}
256[A-3. The Sanitary Sewer Interceptor shall be installed. operational and
available for use within the Subject Property to a point just south of the Rob Roy
Creek as depicted on Exhibit I not later than June 1. 2005. DEVELOPER shall
deposit $50.000.00 with CITY and cause a Letter of Credit, consistent with the
format attached hereto as Exhibit I-1. in the amount of $700.000.00 to be
deposited with CITY (the Sanitary Sewer Interceptor Engineering Fee) to secure
funds required for the surveying, geotechnical. engineering, bidding and
construction management work for the Improvements. The aforedescribed
$750.000 Sanitary Sewer Interceptor Engineering Fee advanced by DEVELOPER
shall be credited against the $2.000 per unit City Sewer Connection Fee as
identified in Paragraph 14C. CITY shall issue "Revenue Bonds" in a form as set
forth as Exhibit H-1 or other form of bond as agreed upon by the DEVELOPER
(by January 15. 2005, which bonds shall be repaid with the YBSD Interceptor
Participation Fee (IPF), and City of Yorkville Sanitary Sewer Connection Fees
(Sanitary Sewer Fees), as identified in Paragraph 14.C. for those properties
identified on the 2003 co seri•ht Kendall Count Assessors mass attached hereto
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as Exhibit I-2 and identified as "Properties Subject to City of Yorkville Rob Roy
Creek Interceptor Bond Repayment". In the event CITY is not able to issue the
Revenue Bonds by January 15, 2005. then DEVELOPER may elect to finance the
Sanitary Sewer Interceptor through a private offering repaid through a private
offering repaid through Sanitary Sewer Fees described above. In such event: i)
DEVELOPER'S Letter of Credit shall be released in full and DEVELOPER shall
be entitled to a management fee of 8% of the total bond cost and. ii), the CITY
will authorize the DEVELOPER to assume the position of the CITY regarding all
rights and remedies to construct the Interceptor and to enforce the repayment of
the bonds through the payment of all fees due to the CITY and YBSD from the
properties listed above. In the event the Sanitary Sewer Interceptor Improvements
do not proceed by either CITY or DEVELOPER by March 1. 2005. the CITY
shall reimburse DEVELOPER for all Sanitary Sewer Interceptor Engineering
Fees within 45 days of written notice by DEVELOPER.]
257{A-4. In the event the Sanitary Sewer Interceptor is not installed, operational and
available for use on the Subject Property by June 1, 2005. CITY agrees to allow
DEVELOPER to pump sewerage on an as need basis from the deepest manhole in
the Subject Property and transport the pumped sewerage by motor vehicle to the
YBSD sewage treatment plant for processing (the "Temporary Disposal
Alternative"). CITY further agrees to issue building permits for up to fifty (50)
dwelling units for the subdivision .rior to the o.eration of the Sanitar Sewer
Interceptor, and no less than thirty-four (34) dwelling units will be issued
occupancy peinmits and will be allowed to discharge sewerage into the system
using the Temporary Disposal Alternative. DEVELOPER agrees to pay any extra
costs incurred for transporting and treating said sewerage, and to provide CITY
with a Certificate of Insurance naming CITY as additional insured, and agrees to
hold CITY harmless from any and all claims resulting from said Temporary
Disposal Alternative. CITY represents and warrants to DEVELOPER that there
is no administrative, judicial, or legislative action pending or being threatened that
would result in a reduction of. or limitation upon. any party's right to use the
existing sanitary sewer.]
B-1. Water Facilities. 258{The-}CITY represents and warrants that the water
distribution system of 259{the }CITY currently has and 260{ }CITY will reserve
sufficient capacity 261{to }service the Subject Property with potable water for
domestic water consumption and fire flow protection, if the Subject Property is
developed in accordance with this Agreement. 262{Thi-}CITY further agrees,
following acceptance by 263{the-}CITY of the public improvements constructed
within the Subject Property, to maintain said water distribution system to and
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within the Subject Property. 264{ '��e---}CITY further agrees to cooperate with
265{OWNER}2 6[OWNERS] and DEVELOPER in obtaining such permits as may
be required from time to time by both federal and state law, including, without
limitation, the Illinois Environmental Protection Act, to permit the Subject
Property to be served with potable water and fire flow protection. In addition,
267{the--}CITY will accept dedication of, and thereafter maintain, all primary
water lines constructed by DEVELOPER in substantial conformity with the Final
Engineering for each Phase of Development, pursuant to applicable provisions of
the Subdivision Ordinance and other applicable codes and ordinances of268{ the}
CITY. Location and size of the water lines to be installed by DEVELOPER shall
be in substantial conformity with the Preliminary Engineering Plan, subject to
review and approval of the Final Engineering Plan for each Phase of
Development. 2 9{The-}CITY agrees that it shall, without cost to DEVELOPER,
extend its existing water main to the Subject Property and obtain necessary
270{temporary }easements. 271{City to}272[CITY shall] construct the necessary
public watermain infrastructure, and DEVELOPER shall connect the Subject
Property to 273{the }CITY water supply system in accordance with the approved
engineering. 274{The-}CITY shall, at its expense, procure sufficient temporary
construction and permanent utility easements adjacent to the Subject Property
("Offsite Water Easements") to enable 275{the-}CITY to construct the Offsite
Water Extension in a timely manner to provide water service to the Subject
Property.
B-2. 276{OTTER}277[OWNERS] and DEVELOPER agree, that upon approval
of this agreement by 278{the City}279[CITY] Council, they will each execute and
280[OWNERS ]DEVELOPER will grant to 281{the City}282[CITY] the necessary
easements to construct CITY water main facilities in accordance with the
easement agreement attached hereto as Exhibit 283{I}284[ 3-,].
B-3 285{The }CITY represents and warrants to 286[OWNERS and
]DEVELOPER that287{-the} CITY'S potable water, fire flow and water storage
facilities have sufficient capacity to adequately serve the needs of
288{ }289[OWNERS and] DEVELOPER and occupants of the SUBJECT
PROPERTY as developed pursuant to the terms of this Agreement. 290{The
City}291[CITY] has notified the 292[OWNERS ]DEVELOPER that293{ the} CITY
is currently not in compliance with a State mandated program to reduce the level
of radium in 294{the City}295[CITY]'s water supply.
296{C. Pcrllnits. DEVELOPER agrees to contribute to the Temporary and
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as identified on the attached Rob Roy Creek Interceptor plan prepared by
}297Yorl.ville Bristol Sanitary District 298{(YBSD) and attached-hereto as Exhibit
"I". The City agrees to reserve sufficient capacity within the Proposed
Temporary Lift Station to accommodate Developer's proposed project as
to prepay its proportionate share of the fees necessary to fund the engineering and
Facilities Plan Area Amendment. Said prepayment calculation shall be based
immediately serviced by the Temporary Pump Station and Force Main
improvements and shall be set forth in an Agreement to be consummated,
between DEVELOPER and YBSD. }
299[C. Permits. INTENTIONALLY OMITTED. ]
300{D. }301[D.]Recapture. 302{The-}CITY represents and warrants to DEVELOPER that
DEVELOPER shall not become liable to 303{the-}CITY or any other party for
recapture upon the annexation and/or development of the SUBJECT PROPERTY
for any existing sewer or water lines or storm water lines and/or storage facilities
that may serve the SUBJECT PROPERTY; provided, however, subject to the
terms of this Agreement, DEVELOPER shall be responsible to pay sewer and
water connection fees subject to the terms of this Agreement. Notwithstanding
the foregoing, the method for financing water and sanitary sewer extensions to the
SUBJECT PROPERTY has not been determined, and is not being waived by
3°4{the-}CITY; provided such financing does not result in any cost or expense to
30'{0V,"a�ER}306[OWNERS] or DEVELOPER other than customary connection
fees not otherwise prohibited by this Agreement and that are applicable on a city-
wide basis.
307{E. }308[E] Storm Water Facilities.
{ (i) 309DEVELOPER shall provide for storm water drainage
and the retention/detention thereof upon and from the Subject Property, in
substantial conformity with the Preliminary Engineering Plan310[ and the
Preliminary Stormwater Management Report], subject to review and
approval of Final Engineering311{ Plan} for each Phase of Development,
in the following manner:
(a) Installation of underground sewers within that part of the
Subject Property to be developed and improved with buildings, structures,
streets, driveways, and other locations as identified on the Preliminary
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Engineering Plan, which improvements shall be conveyed to 312{the
}CITY and thereafter owned and maintained by 313{tom}CITY.
(b) Installation of graded, open swales or ditches and storm
water retention/detention areas 3141-and compensatory storage areas las
depicted on the Preliminary Engineering Plan within that part of the
Subject Property designated on the Preliminary Engineering Plan for such
purpose, subject to review and approval of Final Engineering for each
Phase of Development.
ii { (ii) 315Unless •required by a superior governmental authority316{
t }317[x] CITY, for the full term of this Agreement318{:} and any
extension thereof, shall require no more than that degree and type of storm
water retention/detention as is currently called for in the 319{existing
}ordinances of 370{tom--}CITY321[ existing and enforceable on the date
hereof]. The foregoing notwithstanding, any so called "grandfather"
provisions contained in the mandate of such superior governmental
authority referred to in the previous sentence, which would serve to
exempt or delay implementation against the Subject
322{property}323[property], shall be given full force and effect.
(iii) {
. . 324 325[The DEVELOPER and
CITY agree that the current IDNR approved flood flows and Base Flood
Elevations in] the Rob Roy Creek Flood Study 326{ `..c - • •
approvals at the time of the first final plat submitted by DEVELOPER to
PROPERTY}327[have been used to compute and establish the stormwater
management areas as shown on the Preliminary Engineering Plan and as
detailed in the Preliminary Stormwater Management Report].
Notwithstanding the foregoing, if 328{
further revised and the flood plain area}329 is fo. L '"-w• -: 330{er
•
Such modifications shall not result in any net increase of density for the
Subject Property.}331[said IDNR approved flows and elevations are
revised and further reconfirmed and approved by IDNR, and the
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floodplain area and volume]332 is found to be modified 333{and reduced,
the DEVELOPER and CITY agree that such modification shall not result
in a change of the total dwelling unit count as pro sosed in the Preliminary
P.U.D. Plan.]
334{{iv)Should any portion of the subject property contain a flood plain as is
the City, Owner Developer agrees that the City Subdivision Control Ordinance
homes on proposed lots that are diselesed to be- -•- - :.. . . • •, -
said flood plain has been redefined in accordance with applicable regulations. In
the event the Flood Plain Study discloses lots that become unbuildable,
a .I!_ _ -
Preliminary PL1D Plan, including the right to Petition fora Letter of Map Revision
the foregoing.}
335{ • ' . .. S
•
refuse to approve IEPA sanitary server and water permit applications, nor to avoid
• 336 3371The .. .. ' • . ' , _. }[
(iV) DEVELOPER and CITY agree that no lots shall be platted
within areas deteiniined to be floodplain based on the current IDNR
a•.roved flood flows and Base Flood Elevations in the Rob Ro Creek
Flood Study. without those areas first being modified and removed from
potential floodplain in accordance with all applicable Local or State
re uirements. It is further agreed that all platted property (except
stormwater management and open space areas) shall be at a minimum
elevation of(1) foot above said Base Flood Elevations and that the lowest
o ening i.e. window wells window sills door thresholds. l ara•e slabs of
any habitable structure shall be at a minimum elevation of two (21 feet
above said Base Flood Elevations.][
(4 ]338 339[The DEVELOPER and CITY agree that compensatory storage will
be .rovided for all Stora•e lost or dis•laced in the floodplain due to
ro.osed develo•ment activities in accordance with current Cit
Ordinances. It is further agreed that in the event the floodplain area or
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volume is enlarged due to an approved revision of the Rob Roy Creek
Flood Study, that the DEVELOPER and CITY shall diligently pursue the
analysis and specific findings which allow a"Modification of Standard" to
reduce the compensatory storage ratio from 1.5:1 to a value of not less
than 1.0:1 as said "Modification of Standard" provides for in current City
Ordinances.][
(vi) ]340 341[This agreement shall in no way diminish the
OWNERS'/DEVELOPER'S requirement to obtain all required Local or
State permits or approvals to perform any and all work within or adjacent
to Rob Roy Creek or the Rob Roy Creek Floodplain.][
vii 1342 343[The DEVELOPER and CITY agree that development within the
existing floodplain and floodwa at the southeast corner of the
PROPERTY will be subject to the findings of the Rob-Roy Creek Flood
Study relating to its Raymond Tributary. Compensatory storage shall be
provided in accordance with City ordinances existing and enforceable on
the date hereof and a new storm sewer outfall pipe shall be installed (with
proportionate costs subject to a recapture agreement) to replace and/or
supplement the function of the existing drainage tiles that cross the
southeast corner of the PROPERTY. The DEVELOPER and the CITY
agree to work together and with other property owners in the Raymond
Drainage Area to pursue all reasonable comprehensive regional
stormwater management solutions that are in the best interests of all
affected.]
NOW {(vi) The 344CITY shall approve a minimum of 15% of the area
dedicated to stormwater management for the PROPERTY345{;} to satisfy
that proportionate share of the "additional open space requirements
calculations" as outlined in the current United City of Yorkville Land Use
Plan, adopted September 10, 2002, and in accordance with the calculations
depicted on the.Open Space Allocation Exhibit attached as Exhibit "J".
ix {(vii) 346The DEVELOPER shall make improvements to the existing Rob
Roy Creek drainageway as proposed on Exhibit "347{J". The }348[K". the
Preliminary Engineering Plans. the Preliminary P.U.D. Plan and other
supporting documents. ]CITY shall not require additional improvements
(beyond those set out on 349{Exhibit "J"}35 [the aforementioned Exhibits
and documents]) to the Rob Roy Creek unless such improvements are
universally applied by 351{the-}CITY to all properties352L] within353[its
jurisdiction, in] the Rob Roy Creek Watershed.
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354{Developer}355[DEVELOPER] shall dedicate to 356{the City}357[CITY]
and 358{the City}359[CITY] shall accept ownership of all open space
36°{other than}36I[including] the Regional Bicycle Trail. The Westbury
Village Homeowner's Association (WVHOA) will maintain the dedicated
open space 362[other than the Regional Bicycle Trail land the
3 3{ }364[CITY] will establish a '65{dominant}366[dormant] or "back-
up" Special Service Area 367{k-}368[j]and the WVHOA covenants,
limitations and restrictions (Exhibit "369{K}37°[L]") will so
allow371{}}372[x], to provide funds for 373[the ]open space maintenance in
the event the WVHOA fails to meet its maintenance responsibilities.
374{(viii) Notwithstanding anything herein, or in any applicable code,
ordinance, statute or regulation to the contrary, the bicycle trail to be located in
the "Pod 3 Single Family Attached Neighborhood" as depicted on the
Preliminary PUD Plan, shall be placed in a location to be determined by the City,
and may be located within the recognized Flood Plain. if doing so is necessary to
maintain a distance of not less than 75 feet from the Bicycle Path to any
residential building.}[
375 376[DEVELOPER will cause a storm sewer adjacent to the proposed
Rob Roy Creek Sanitary Sewer (the "Off-Site Stalin Sewer") to be
installed as identified on Exhibit E-1 (Offsite Storm Sewer Exhibit) that
will discharge into the Rob Roy Creek downstream of the Subject Project.
CITY will obtain such easements or other property rights as may be
necessar to serve the Rob Ro Creek Storm Sewer which shall be sized
sufficiently to provide for the required release of the tributary Westbur
Villa•e stormwater management facilities. Any oversizing of the Rob
Ro Creek Storm Sewer shall be sub'ect to recasture as ser Paraara•h
6.D., hereof.]
377{F. }378[E] Sidewalks and Street Related Improvements. DEVELOPER shall cause
the curb, gutter, street pavement, street lights, recreational path and public
sidewalks, to be installed upon the Subject Property in substantial conformity with
the 379{Final Engineering}380[Preliminary PUD] Plan as approved for each Phase
of Development and the applicable provisions of the Subdivision Regulations
of38I{—the} CITY, as modified or varied pursuant to this Agreement.
Notwithstanding anything contained herein or in any CITY ordinance, rule or
regulation to the contrary, all public sidewalks and parkway landscaping to be
constructed or installed upon the Subject Property pursuant to the approved Final
Engineering Plan for each Phase of Development shall be covered by the
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appropriate Security instrument, but shall be installed and completed on a lot by
lot or block by block basis, and need not be installed or completed by
DEVELOPER as a part of the public improvements for each Phase of
Development. 382{The }CITY shall accept the ownership and maintenance
responsibility of the portions of the 3831Re2ional Bicycle {Trail384{ System/Bike
},385( as depicted on Exhibit "F"] constructed in accordance with the Final
Plat and Final Engineering Plan, located in the public right of way.
7. SECURITY INSTRUMENTS.
A. Posting Security. DEVELOPER shall deposit, or cause to be deposited,
with 386{ }CITY such irrevocable letters of credit, contractor's performance
bonds or surety bonds as Developer, in its sole discretion shall choose, ("Security
Instruments") to guarantee completion and maintenance of the public
improvements to be constructed as a part of the development of each Phase of
Development as are required by applicable ordinances of 387{the }CITY. The
amount and duration of each Security Instrument shall be as required by
applicable ordinances of 388{ }CITY. All such Security Instruments if in the
form of an irrevocable letter of credit shall be substantially in the form set forth in
Exhibit `389{L}390[M]," attached hereto. 391{The—}CITY Council, pursuant to
recommendation by 392{t-he—}CITY Engineer, shall from time to time approve a
reduction or reductions in the Security Instruments by an amount not in excess of
eighty-five (85%) of the value certified by 393{the }CITY Engineer of the
completed work, so long as the balance remaining in the Security Instruments is at
least equal to one hundred ten percent (110%) of the cost to complete the
remaining public improvements for the applicable Phase of Development. The
Security Instruments for the public improvements for each Phase of Development
shall be deposited with 394{the-}CITY prior to the recordation of the Final Plat for
each Phase of Development.
B. Release of Underground 395jlmprovements land Streets. Upon completion
and inspection of street and related improvement and underground improvements
in each Phase of Development; and acceptance by 396141-e—}CITY engineer,
DEVELOPER shall be entitled to a release or appropriate reduction of any
applicable Security Instrument, subject to a maintenance Security Instrument
remaining in place for a one year period from the date of acceptance by 397 Ithe
}CITY, in conformance with398{--she} CITY Subdivision Control Ordinance.
Notwithstanding the foregoing, the installation of the final surface course for
streets shall not be required prior to the appropriate reduction of any applicable
security instrument.
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C. Transfer and Substitution. Upon the sale or transfer of any portion of the
Subject Property, DEVELOPER shall be released from the obligations secured by
its Security Instruments for public improvements upon the submittal and
acceptance by '99{the-}CITY of a substitute Security Instrument approved by
400{t-1 }CITY, securing the costs of the improvements set forth therein by the
proposed 401{DEVELOPER}402(developer].
8. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC
IMPROVEMENTS. The public improvements constructed as a part of the development of each
Phase of Development shall be accepted by 403{the }CITY pursuant to the provisions of the
Subdivision Ordinance. 404{T-lie-}CITY shall exercise good faith and due diligence in accepting
said public improvements following DEVELOPER's completion thereof for each Phase of
Development in compliance with the requirements of said ordinance; and 405{thc City}4o6(CITYi
Engineer shall make his recommendation to the Public Works Committee or other designated
Committee not later than 30 days subject to force majeure from the date of
DEVELOPER'407{s}408[S] request for approval of any Public Improvements. Said request shall
be made in writing by DEVELOPER.
9. AMENDMENTS TO ORDINANCES.
A-1. Any Agreements, repeal, or additional regulations which are subsequently
enacted by 409{the-}CITY shall not be applied to the development of the Subject
Property except upon the written consent of DEVELOPER during said five (5)
period. After said five (5) year period, the Subject Property and its development
will be subject to all ordinances, regulations, and codes of 410{the-}CITY in
existence on or adopted after the expiration of said five (5) year period, provided,
however, that the application of any such ordinance, regulation or code shall not
result in a reduction in the number of residential building lots herein approved on
the Preliminary Plan for the Subject Property, alter or eliminate any of the
ordinance variations modifications, departures or deviations provided for herein,
nor result in any subdivided lot or structure constructed within the Subject
Property being classified as non-conforming under any ordinance of 411{the
}CITY. The foregoing to the contrary notwithstanding,
(i) in the event412{-the} CITY is required to modify, amend or enact any
ordinance or regulation and to apply the same to the Subject Property pursuant to
the express and specific mandate of any superior governmental authority, and
applicable generally within 413{the—}CITY and not specifically to the SUBJECT
PROPERTY, such ordinance or regulation shall apply to the Subject Property and
be complied with by DEVELOPER, provided, however, that any so called
"grandfather" provision contained in such superior governmental mandate which
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would serve to exempt or delay implementation against the Subject Property shall
be given full force and effect. Nothing herein shall be construed as to prevent
414{OWNER}
415[OWNERS] or DEVELOPER from contesting or challenging any
such mandate of any superior governmental authority at the sole cost of
416{OWNER}417[OWNERS] or DEVELOPER in any way legally possible,
including, without limitation, by challenging such mandate on its face or as
applied to the Subject Property in any administrative or judicial forum having
jurisdiction,
(ii) The ordinance amendments pending on the date of this Agreement 418{and
. - ' -- "_ }shall apply to the
Subject Property as though they had been approved by 419{the City}420[CITY]
Council in substantially the same foiiii, content and wording as those copies
attached hereto as Exhibit "421{L}422[N]" and to the extent they are effective and
applicable generally to all property in 423{the City}424[CITY], within thirty (30)
days of the date of this Agreement, except that, should the final applicable form of
such ordinance amendments, as passed by 425{the City}426[CITY] Council be
more favorable to Developer, than the form(s) attached as Exhibit 427{L}428[N],
then the more favorable, approved and applicable versions of said ordinance
amendments shall replace Exhibit 429{L}430[N]
A-2. Notwithstanding any of the terms or provisions of this Agreement,
however, no change, modification or enactment of any ordinance, code or
regulation so long as they do not affect 431{the City}432[CITY]'s ISO insurance
rating shall be applied during said five (5) year period so as to: (i) affect the
zoning classification of the Subject Property or any Parcel or Phase thereof, (ii)
affect 433{the }CITY'S Bulk Regulations, including, but not limited to, setback,
yard height, FAR and frontage requirements, (iii) affect the uses permitted under
the Zoning Ordinances of 434{the—}CITY specified under this Agreement, (iv)
interpret any CITY ordinance in a way so as to prevent DEVELOPER or its
assigns from developing the Subject Property or any Parcel or Phase thereof in
accordance with this Agreement and the exhibits attached hereto. Except as
modified by the previous sentence and the provisions hereof or other terms and
provisions of this Agreement, 435{OWNER}436[OWNERS] and DEVELOPER,
shall comply in all respects with the conditions and requirements of all ordinances
of 437{t e—}CITY, applicable to the Subject Property and all property similarly
situated and zoned within438{die} CITY as such ordinances may exist from time
to time subsequent to annexation to 439{tIe—}CITY, provided, however,
notwithstanding any other provision of this Agreement, if there are ordinances,
resolutions, regulations, or codes or changes thereto which are less restrictive in
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their application to similarly situated and zoned lands, then DEVELOPER, at its
election, shall be entitled to application of such less restrictive ordinances,
regulations and/or codes to the Subject Property and any Parcel or Phase thereof.
A-3. DEVELOPER and all successor developers of the Subject Property or any
Parcel or Phase thereof shall be entitled to take advantage immediately of any
subsequently adopted amendment(s) to 44°{ }CITY'S ordinances, regulations,
resolutions and/or codes that establish provisions that are less restrictive than the
provisions of 441{t}CITY'S current codes in effect as of the effective date of
this Agreement so long as such less restrictive provisions do not frustrate the
purpose of this Agreement or the intent of the parties relative to the development
of the Subject Property or any Parcel. or Phase thereof. In the event of any
conflict between the provisions of this Agreement (including the exhibits
442[attached ]hereto), and the ordinances, codes, regulations and resolutions of 43{
the} CITY, the provisions of this Agreement (and the exhibits hereto) shall
control over the provisions of any ordinances, codes, regulations and resolutions
of 444{the }CITY.
445{ }446{B.] Performance Standards. {
447 }CITY agrees to the following design
standards for the land use areas as shown on the Preliminary PUD Plan (each of
the land use areas is referred to as a"Pod"):
L { 1. 448Single Family—Detached (Pod 1 — 85 units; Pod
2-120 units; Pod 6-84 units):
a. {a_ 449Minimum Lot Size shall be 12,000 square feet, unless
the lot abuts open space of not less than 25' in depth, in which case
the Minimum Lot Size may be reduced to 10,000 s.£; except on
lots adjacent to Galena Road and Illinois Rte. 47, in which case the
minimum open space shall be 25' in depth in addition to the 30
foot roadway landscape buffer;
b. { b. 45°Minimum Lot Width— 80 feet;
2. {2. 451Courtyard Homes — Single Family Attached - (Pod 3 — 128
units; Pod 7- 177 452{Units}453[units]):
a. Maximum gross density shall not exceed eight (8.0)
dwelling units per acre;
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b. Minimum building envelope area shall be 9,000 square
feet;
c. Minimum building envelope width shall be 90 feet;
d. 4'4{Maximum}455[Minimum] Lot Coverage 456[(defined as
the area within the outside building foundation walls) jof each pod shall not
exceed thirty percent (30%);
e. Maximum number of dwelling units per building shall not
exceed eight(8).
3. {3. 457Townhome - Single Family Attached (Pod 5-146 units; Pod 8-
150 units):
a. Maximum gross density shall not exceed eight (8.0)
dwelling units per acre;
b. Minimum building envelope area shall not exceed 9,000
square feet;
c. Maximum Lot Coverage458[_(defined as the area within the
outside building foundation walls)] of each pod shall not exceed thirty percent
(30%);
459{-e}460[] Maximum number of dwelling units per building shall not
exceed eight(8).
4. { ,l 461Commercial Area.
a. {a. 462Standards - Site plan to be submitted with preliminary
and final PUD plan for Commercial Area in the B3 Service
Business District—to be developed in accordance with standards in
effect at the time of the execution of this Agreement, and subject to
the PUD process.
B {C. 463Residential Setbacks. 464{The City}465[CITY] agrees to the following
setbacks as shown on the Preliminary Plan:
1. { 1. 466Single Family—Detached—(Pods 1, 2, and 6):
a. Front yard 30'
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b. Exterior corner side yard 30' (25' on lots containing a 3-car
garage4671- with Special Use as permitted pursuant to Recital G, herein as
identified on the Preliminary PUD Plan])
c. Side yard 8.5' (7.5' on lots containing a 3-car
garage)468L] The side yard setback for lots containing either public water or
sanitary sewer mains or storm sewer in side yards shall be increased to 10' to
accommodate this condition.
d. Rear yard 40'
2. { 2. 469Courtyard Homes — Single Family Attached
(Pods 3 and 7):
a. Front yard
(i) if adjacent to internal public
right-of-way - 20'
(ii) if adjacent to private street—20' from private roadway
(iii) no public utilities shall be located within 15' of any
building, as measured perpendicular to the utilities
b. Exterior corner side yard 20'
c. Side yard 10'
d. Rear yard 25' unless adjacent to the Rob Roy Creek Open
Space Corridor, in which case the rear yard setback may be
reduced to 10'
3. { 3. 470Townhome Parcel — Single Family Attached
(Pods 5 and 8):
a. Front Yard
(i) if adjacent to internal public
right-of-way - 20'
(ii) if adjacent to private street— 20' from edge of pavement (if
the driveway access to the public street is provided in this
location, then the setback shall be 30'
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b. Exterior corner side yard 20'
c. Side yard 10'
d. Rear yard 25' unless adjacent to the Rob Roy Creek corridor
open space, said setback may be reduced to 10'
4. {'1. 471Minimum Building Separations (Pods 3, 5, 7 and 8) up to ten
percent (10%) of the buildings in each pod are permitted to have building
separations as follows:
a. { a. 472Rear to rear 50'
b. { b. 473Front to side 30'
c. {c. 474Front to front 40'
d. {d. 475Unless otherwise set forth and depicted on the
Preliminary PUD Plan, all other minimum building separations
shall be as follows:
(i) {i. 476Rear to rear 60'
(ii) {ii. 477Front to side 40'
(iii) {iii. 478Rear to front 80'
iv {iv. 479Garage to garage 60'
(y) {v. 480Side to rear 40'
vi {vi. 481Side to side 20'
{vii. 482Front to front 50'
5. Fire Suppression — 483{To wnhomes}484[Single-family attached]. The
DEVELOPER will install in any 485{To nrte}486[Single-family attached unit]
that is 150 feet or greater from 487{a "point of attack" for fire fighting
purposes}488[any public or privates street], a 13R fire suppression system or
equivalent, if so requested by 489{the City}490[CITY1 after consultation with the
fire protection district.
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6. Architectural Standards — Not less than 50% of the total area comprising
the front and side elevations of 491[all ]single-family attached units, shall 492{be
faced with }493[have a facade of ]brick or stone material.
7. Commercial Area — Standards — Site plan to be submitted
with preliminary and final 494{PUD }plan495[ for the
Commercial Areal.
496{1 -}497[D.]Clubhouse/Recreational Facilities. Developers agree to substantially
complete the clubhouse and other recreational facilities on or before December
31, 2008, subject to force majeure, abnormal weather conditions and delays that
are solely within the control of 498{the City}499[CITY].
10. BUILDING PERMITS AND RELATED INSPECTIONS.
A 500{ The }CITY shall act upon each application for a building permit for which
DEVELOPER, or its duly authorized representative501[ shall apply], in
accordance with the approved final plat and approved final engineering for the
development of any Phase of the Subject Property, 502{shall apply, }within fifteen
(15) business days of the date of the application therefor or within fifteen (15)
business days of receipt of the last of the documents and information required to
support such application, whichever is later. If the application is disapproved,
503{the-}CITY shall provide the applicant with a statement in writing specifying
the reasons for denial of the application including specifications of the
requirements of law that the applicant and supporting documents fail to meet.
504{The-}CITY agrees to issue such building permits upon the compliance with
those legal and documentary requirements so specified by50'{- } CITY.
B. Subject to any other necessary governmental regulatory approval, 506{the
}CITY shall permit DEVELOPER, and its duly authorized representative, to
install temporary waste water holding tanks and temporary water facilities to
serve sales offices or similar temporary structures, and model buildings
constructed on the Subject Property or any Parcel or Phase thereof, provided that
each such temporary tank and temporary water facility shall be removed and
disconnected and said structures shall be connected to the sewer or other
permitted waste disposal systems, and water mains, at DEVELOPER'S sole cost,
at such time as sewer and water systems become available.
C. No permit fees, plan review fees or inspection fees shall be imposed by
'07{tom-}CITY unless the same are lawful and being collected by 508{tom}CITY
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from owners, users and developers of similarly situated and zoned property within
509{tom}CITY limits as of the date of the imposition of such fees.
11. BUILDING CODE. The building codes for510{-the} CITY in effect as of
the date of this Agreement are as set forth in Exhibit "511{N}512[0]". Notwithstanding the
provisions of Paragraph 9 of this Agreement, all 513{national Agreements. }deletions, or
additions to the building codes of 514{the--}CITY pertaining to life/safety considerations adopted
after the date of this Agreement, shall be applicable to the Subject Property upon the expiration
of the twelfth (12th) month following the effective date of such Agreement, deletion, or addition,
whether during the five (5) year period next following the date of this Agreement, or any time
thereafter, except as to those items expressly provided for herein and so long as they do not
affect 515{the City}516[CITY1's ISO insurance rating.
12. FEES AND CHARGES. During the first five (5) years following the date
of this Agreement, 517{# }CITY shall impose upon and collect from518{ the OWNER}519[
OWNERS] and/or DEVELOPER, and their respective contractors and suppliers, only those
permit, license, tap on and connection fees and charges, and in such amount or at such rate, as
are in effect on the date of this Agreement and as is generally applied throughout 520{t e-}CITY.
13. CONTRIBUTIONS. 521{OWNER}522[OWNERS] and DEVELOPER
shall not be required to donate any land or money to 523{tom---}CITY, except as otherwise
expressly provided in this Agreement. 524{The City}525[CITY] expressly acknowledges that park
donations are within 526{the City}527[CITY]'s control and incorporated herein.
14. 528{ OWNER}529[OWNERS]'S/DEVELOPER'S CONTRIBUTIONS.
530{OWNER}531[OWNERS] or DEVELOPER shall be responsible for making the following
contributions to compensate the Yorkville Community School District #115 ("School District")
and the United City of Yorkville Parks and Recreation Department ("Recreation Department")
for the estimated impact which is projected to be experienced by 532{said districts}533[the School
District and the Recreation Department] as a result of the development of the Subject Property in
the manner provided for under this Agreement:
A-l. School Contribution. 534{OWNER}535[OWNERS] or DEVELOPER shall
provide a combination contribution of land to the School District and cash-in-lieu
of land to the School District for use by 536{Yorkville Community}537[the] School
District538{ 115} for a school building and associated grounds ("School
Contribution"). The total land area required for 539{contribution}540[the School
Contribution] pursuant to applicable ordinances of 541{the }CITY, based upon the
PUD Plan, is 26.162 acres. 542{OtTtNER}543[OWNERS] or DEVELOPER shall
cause fee title to no less than 15.0 acres of land ("School Site"), identified on the
Preliminary PUD Plan, to be conveyed to the School District, in partial
3K-H02.22212-44S,17 41
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satisfaction of the School Contribution. The balance of the School Contribution
shall be paid by a cash contribution not to exceed
$544{617,396.001545[ ] in accordance with the 1997 Annexation
Agreement, as applicable, at the time that building permits are issued by 546{tho
Gity,}547[CITY] for residential units and in the amount attributable 548{te}549[on a
pro rata basis to the] number of residential units for which said building permits
are then issued. The School Site shall be maintained by the DEVELOPER until
such time that it is conveyed in such manner and at such time as required by
applicable ordinances of 550{4}e--}CITY. The 551{0\\ ER}552[OWNERS] or
DEVELOPER shall convey the School Site to the School District no later than the
time when the final plat for the unit containing the School Site is recorded with
the Kendall County Recorders office. Prior to conveyance of the School Site,
DEVELOPER shall, at its expense, grade, seed and prepare the School Site in
accordance with the approved Final Engineering. The School Site is combined
with the Park Site, 553{as defined in Paragraph of this Agreement,}554[generally
south of Pod 1 and north of Pod 2 as depicted on the Preliminary PUD Plans] and
shall be conveyed in such manner and at such time as required by applicable
555{ordinances}556[ordinance] of the CITY.
A-2 If the School Site is not actually used for 557{the construction of }a school
building and associated grounds within 58{eight }(8) years after recordation of
the Final Plat for which said parcel is located, then the School Site shall be re-
conveyed to the 559{OWNER or DEVELOPER to the }entity that originally
conveyed said Property 560[(OWNERS or DEVELOPER) ]or their respective
successor561[.(I] which shall pay an amount equal to the then most recent cash-
in-lieu school land/cash payment to the School District equivalent to the School
Site Donation562[ unless said entity re'ects the resurve ance in writin• . The
CITY shall assist, at DEVELOPER's expense in obtaining the reconveyance of
the School Site to DEVELOPER or DEVELOPER's successor including utilizing
its power of eminent domain, if necessary. Any future use on subject property
shall be in compliance with Adjoining R-2 properties and subject to future
563{City}564[CITY] review and Plat approval.
A-3. The DEVELOPER has agreed to pay a transition fee to the School District in the
amount of $3000.00 per unit for residential units within the Subject Parcel.
Attached hereto and incorporated as Exhibit «s6s{D}s66L]„ 567{te}568[is a letter
from 569{ }Yorkville School District 570{action to reserve}571[No.
requesting the reservation of] 15.0 acres of land for a future school site in lieu of
that proportionate share of cash. All school transition fees will be paid at the
time 72[ of] issuance of building permit. No other existing or future school
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transition fees or school impact fees of any kind will apply with respect to the
SUBJECT PROPERTY.
A-4. The method of payment will be in accordance with 573{tom-}CITY'S procedure for
such payments as of the date of this Agreement. This procedure is for the builder
of a home to pay the fee for that unit to the School District directly and receive a
receipt from the School District for the amount paid and then for this receipt to be
presented by the BUILDER to574{ } CITY prior to the issuance of a building
permit for that unit, on a lot by lot basis.
575{B--}5761B.] Park Contribution. 577{OWNER}578[OWNERS] or DEVELOPER shall
provide a contribution of land and cash-in-lieu of land to 579{tom}CITY for park
purposes ("Park Contribution"). The total land area required for contribution
for park purposes pursuant to applicable ordinances of 580{tom-}CITY, as depicted
on the Preliminary PUD Plan is 24.035 acres. 581{OWNER}582[OWNERS] or
DEVELOPER shall cause fee title to not less than 12 acres of land located above
the 100-year floodplain (583{ —}584[1Park 585{Parcel}586[Land Donation"])
identified on the Preliminary PUD Plan to be conveyed to 587{the }CITY, in
partial satisfaction of the Park 588{Contribution}5891Land Donation]. The balance
of any Park 590{Contribution}591[Land Donation] shall be paid by a cash
contribution not to exceed $592{698,057.00}593[ ] in accordance with
this Agreement as applicable and CITY ordinances at the time that building
permits are issued by 594{the—}CITY for residential units, and in the amount
attributable 595[on a pro rata basis ]to number of residential units for which said
building permits are then issued596{:} of this agreement. 597{The Park
Site}598[Each •arcel •ark site] shall be maintained by the 599[OWNERS or
]DEVELOPER until such time that they are conveyed to 600{the City}601[CITY].
Each separate 602{Park Parcel}603[park parcel], or portion thereof, shall be
conveyed to 604{the City}605[CITY1 within 18 months of 606{Gilt}607[CITY]
Council approval of the final subdivision Oplat containing said Park Parcel. Prior
to conveyance of the 608{Park Site-}6 9[each park parcel, OWNERS or]
DEVELOPER shall, at its expense, grade, seed and prepare the 610{
srites}611[park parcel] in conformity with the Final Engineering and Park
Development 612{standard;}613[Standards]. DEVELOPER shall receive 50%
credit toward the dedication of the 3.2 Acre Park Regional Trail Parcel as
identified on the Preliminary PUD Plan. DEVELOPER, at its sole discretion,
may elect to construct the trail improvements within said parcel in accordance
with Yorkville Park Department Development Standards, or contribute the
remaining 50% area (equal to 1.6 acres) as cash-in-lieu fees at the aforementioned
contribution rate of$614{58.000}6151 ] per acre.
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616{C. }617[C.] The following fees shall be paid to618{ the} CITY for each unit:
Development fees.
Public works $ 700
Police $ 300
Engineering $ 100
Parks $ 50
Building $ 150
Library $ 500
Bristol/Kendall Fire $ 300
City Sewer
Connection Fee $2,000
City Water
Connection Fee
-Single family $2,200
attached
-Single family $2,600
detached
Water Meter Fees
-Detached Units $ 250
-Attached Units $ 325
619{D. }620[D.]Roadway Improvement Contributions — 621{The Cit .}622[CITY] agrees
that the 623{Developer's}624[OWNER'S or DEVELOPER'S] contribution for
Roadway Improvement Contribution shall be satisfied with
625{ ; }626[OWNER'S or DEVELOPER] completing improvements to the
adjacent portions of Corneils Road 627{and Galena Road}628[Route 47
improvements to Galena Road required by the Illinois Department of
Transportation and improvements to Galena Road required by the Kendall County
Department of Transportation other than turn lane improvements at the proposed
entrances to the Subject Property as depicted on the Preliminary PUD Plan] in
conformance with these improvements identified in the attached Exhibit 629{P.
Developar's}630[Q OWNER'S or DEVELOPER'S] Roadway Contribution shall
be allocated in an amount not to exceed $2,000.00 631{for each single family
. - . . -. to exceed $1,000.00 for each single family
attached dwelling unit,}632[per unit] up to a total not to exceed
633{ /634[$1,780,000.00.]
635{E }636[E.] Unless otherwise provided in this Agreement, said development,
transition, impact, and other fees shall be paid per individual residential dwelling
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unit concurrent with the building permit application for that particular residential
dwelling unit637[ on a •ro rata basis].638{
}
639{ }640{F.] DEVELOPER agrees to prepay 50% of the Bristol-Kendall Fire Fee for
the Subject Property, in the amount of $133,500 to be paid at the time of
recordation of the first Final Plat, and the balance to be paid with each subsequent
plat, for a total payment not to exceed $267,000.00
641{ {G.1 DEVELOPER agrees to pay a Siren Fee for the Subject Property of
$75.00 per acre, paid in phases at time of such final plat for a total payment of
$22,500.00.
643{H. }644[H.]DEVELOPER agrees to pre-pay the Municipal Building Fee of$150 per
unit 645{within thirty (30) business day;,}646[at the time] of recordation of 647{thi-s
agreement}648[the first final plat], in an amount not to exceed $133,500.
649{I-}6J0[L.I DEVELOPER shall be permitted to apply the cost previously advanced by
Developer from the Rob Roy Creek Flood Plain Study toward the total amount
due for the Engineering Fees, in an amount not greater than$25,000.00
651{ }652{J ] DEVELOPER shall be permitted to apply the cost previously advanced
under the 1997 Annexation Agreement to the Yorkville Police Department against
the fees due for the Police Department, in the amount not greater than$27,500.00.
653{K. }654{K.]At the occurrence of submittal of each Final Plat of Subdivision, 655{the
City}6561CITY] may request partial pre-payment in an amount not more than fifty
(50%) percent of portions of the Development Fees as identified in Paragraph
14.C. above. Such fee pre-payment requests shall be based upon a comprehensive
study conducted and funded by 657{the City}658[CITY], showing a specific need.
Notwithstanding the foregoing, the election to pre-pay any and all Development
fees pursuant to this paragraph shall be at 659{the—}DEVELOPER'S sole
discretion. The pre-payment of Development Fees shall not be a pre-requisite for
approval of any Final Plat or Plan, and66°{-the} Developer's election to forego
pre-payment of Developments Fees, if requested by 661{the City}662[CITY], shall
not prejudice 663{the City}664[CITY]'s review of same or of any other review or
issuance of any permit or entitlement hereunder or pursuant to ordinance or
statute.
665{
Owner. as set forth.
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6661E 1667York\illi-Bri_s_tol_Sanitary..,__District,_._6681-Fees: The following fees shall be
charged to the 43-acre unincorporated fee, with the remaining 257 — acre
"previously annexed" area not subject to any YBSD fees:]
6691 Annexation Fee: $1500/acre]
670[ Interceptor Participation Fee: $3015/acre]
671[ The total fee payable to YBSD for The Property shall be no greater than
$194.145.001
15. PROJECT SIGNS.
A. Residential Development Signs. Following the date of this Agreement
and through the date of the issuance of the final occupancy permit for the Subject
Property, DEVELOPER shall be entitled to construct, maintain and utilize up to
three (3) offsite subdivision identification, marketing and location signs for the
residential portion of the Subject Property at such locations within the corporate
limits of 672{the--}CITY as DEVELOPER may designate (individually an "Offsite
Sign" and collectively the "Offsite Signs"). DEVELOPER 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, or subject to
the requirements of any permitting authority other than 673{the }CITY or any
commercially available offsite sign. Each Offsite Sign may be illuminated,
consistent with 674{the City}675[CITY]'s Signage ordinance. In addition to the
Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize
signage upon the 676{1Jndesser}677[Subject] Property as identified in the
Preliminary Landscape Plan. Nothing herein shall limit the right of
678{D ' }679[DEVELOPER] to construct, maintain and utilize any number
of additional offsite subdivision identification, maintenance and location signs for
the residential portion of the Subject Property at locations outside the corporate
limits of 680{ _ }681[CITY].
B. Commercial Development Signs.
To be submitted with building plans for this area.
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16. CERTIFICATES OF OCCUPANCY. 682{The }CITY shall issue
certificates of occupancy for buildings and dwelling units constructed on the Subject Property or
any Parcel or Phase thereof within ten (10) working days after proper application therefor or
within ten (10) working days after the receipt of the last of the documents or information
required to support such application, whichever is later. If the application is disapproved, 683{the
}CITY shall provide the applicant within five (5) working days after receipt of the application of
all documentation or information required to support such application, with a statement in
writing of the reasons for denial of the application including specification of the requirements of
law which the application and supporting documents fail to meet. 684{= }CITY agrees to issue
such certificates of occupancy upon the applicant's compliance with those requirements of law
so specified by685{ } CITY.
17. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND
CLUBHOUSE. During the development and build-out period of the SUBJECT PROPERTY
(subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or
entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain
model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and
DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be
utilized for sales and construction offices for 686{Grande Reserve}687[Westbury Village]. The
number of such model homes and sales trailers and the locations thereof shall be as from time to
time determined or authorized by OWNERS and DEVELOPER.
Off-street parking shall be required for model homes when more than five (5) model
homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will
be required for each model home in a model home row, with combined required parking not to
exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and
walks will be submitted for review and approval by 688{the }CITY.
No off-street parking shall be required for individual model homes or sales trailers that
are not part of a model home row other than the driveway for such model home/sales trailer
capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for
model homes, sales trailers and for up to fifteen (15) production dwelling units for each
neighborhood, shall be issued by 689{tom}CITY upon proper application thereof prior to the
installation of public improvements (provided a gravel access road is provided for emergency
vehicles and upon submission of a temporary hold harmless letter to690{—the} CITY and the
Bristol-Kendall or Oswego Fire Protection District). A final inspection shall be conducted prior
to the use of a model home and water shall be made available within 300' of the model home.
There shall be no occupation or use of any model homes or production dwelling units until the
binder course of asphalt is on the street, and no occupation or use of any production dwelling
units until the water system and sanitary sewer system needed to service such dwelling unit are
installed and operational.
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OWNERS and DEVELOPER may locate temporary sales and construction trailers upon
the SUBJECT PROPERTY during the development and build out of said property, provided any
such sales trailer shall be removed within two (2) weeks following issuance of the final
occupancy permit for the SUBJECT PROPERTY. A building permit will be required by 691{the
}CITY for any trailer that will be utilized as office space. Prior to construction of the sales
trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with
landscaping and elevations for692{ the} CITY'S approval.
OWNERS and DEVELOPER shall have the right to operate a sales office out of the
Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY.
OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless
693{tom}CITY and the Corporate Authorities (collectively "Indemnitees") from all claims,
liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a
direct and proximate result of the construction of any model homes or production dwelling units
prior to the installation of the public street and water improvements required to service such
dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the
same manner for additional model homes and for initial production dwelling units in each
neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved
by694{-the} CITY. The foregoing indemnification provision shall, in such case, apply for the
benefit of Indemnities for each neighborhood.
18. CONTRACTOR'S TRAILERS. 695{The--}CITY agrees that from and
after the date of execution of this Agreement, contractor's and subcontractor's supply storage
trailers may be placed upon such part or parts of the Subject Property other than proposed
696{ROW}697[right-of-way], lands to be dedicated to the Public, or floodplain areas within the
required and approved by DEVELOPER for development purposes. Said trailers may remain
upon the Subject Property until the issuance of the last final building permit for the Subject
Property.
19. TEMPORARY SALES OFFICE TRAILERS. 698{The—City}699[CITY]
agrees to allow the 700{Owners/Developer}701[OWNERS/DEVELOPER] or Builder to construct
and use no more than five (5) temporary sales office trailers, subject to Developer or Builder
submitting plans and specifications to the Building and Zoning Department and receiving
approval of the same. Said temporary sales office trailer may be constructed within the area
referred to as Pod 7702[ or the commercial pod depicted] on the Preliminary Plan. Temporary
sales office trailers shall be removed at the earlier of such time as the model home/s or model
unit/s being served by said temporary sales office trailer are available for model occupancy, or
when 95% of all units on the Subject Property have occupancy permits.
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20. TEMPORARY PARKING. 703{The }CITY agrees to allow
DEVELOPER to construct temporary parking facilities (with binder course asphalt) or other
appurtenances to the model units and sales office prior to recording a final plat of subdivision for
that Phase of the Subject Property upon which the model units and sales offices are to be located
subject to the approval of 704{the-}CITY and compliance with 705{ }CITY'S building codes.
21. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public
improvements is hereafter requested and properly authorized by 706{ }CITY for the Subject
Property, for any of the public improvements constructed to develop the Subject Property for the
purpose of serving property other than the Subject Property,707{the} CITY shall enter into a
Recapture Agreement, as defined in Paragraph 23.A. hereof, with DEVELOPER providing for
the payment of the cost of such oversizing by the owner(s) of properties benefited by the same.
The improvements which qualify as oversized and the identity of the benefited properties shall
be identified at the time of approval of Final Engineering for a Phase of Development.
22. LIMITATIONS. In no event, including, without limitation, the exercise of
the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002
ed.), shall 708{t e-}CITY require that any part of the Subject Property be designated for public
purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat.
23. RECAPTURE AGREEMENTS.
A. Benefiting the Subject Property. 709{The-}CITY agrees that in accordance
with Chapter 65, Section 5/9-5-1 et seq. of the Illinois Compiled Statutes (2002
ed.), at the request of the DEVELOPER, 710{the-}CITY shall enter into
agreements for recapture ("Recapture Agreement or "Recapture
Agreements") with DEVELOPER providing for the recapture by DEVELOPER
of a portion of the cost of certain improvements as identified on Exhibit "Q"
attached hereto ("Recapture Improvements"), constructed by DEVELOPER
which 711{the-}CITY has deteimined may be used for the benefit of property
("Benefited Property") not located within the Subject Property which connects
to or is otherwise benefited by said improvements. Each Recapture Agreement
shall be substantially in the form as attached hereto and made a part hereof as
Exhibit"712{Q}7131R1".
B. Encumbering the Subject Property. Except as otherwise expressly
provided in this Agreement, there are currently no recapture agreements or
recapture ordinances affecting public utilities which will be utilized to service the
Subject Property of which 714{the-}CITY has any knowledge, or under which
715{t e—}CITY is or will be required to collect recapture amounts from
716{OWNER}717[OWNERS1, DEVELOPER, or their successors, upon connection
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of the Subject Property to any of such public utilities, nor does 718{the-}CITY
have any knowledge of any pending or contemplated request for approval of any
such recapture agreement or ordinance which will affect the Subject Property.
24. SPECIAL SERVICE AREA.
A. Public Improvements to be Financed by SSA Bonds. In order to provide
for the maintenance of open space and trail areas 719{OWNER}720[OWNERS]
and DEVELOPER agree to execute a consent to the creation of a Special Tax
Service Area and have approved Ordinances encumbering all residential units
within the Subject Property, in the event the Homeowners Association for
Westbury Village fails to carry out its maintenance responsibilities. The
development of public improvements on the PROPERTY shall be in compliance
with all Ordinances of 721{t e_}CITY except as modified herein, and the
722{approved ]Preliminary 723{ . }724[PUD]. In addition, said
public improvements shall be 72'{approved}726[reviewed] by 727{the
City}728[CITY]'s staff or engineering consultants. Final Plat approval by 729{the
City}730[CITY1 Council shall be in conformance with 731{the Cite}732[CITY]'s
Zoning Ordinance, Subdivision Control Ordinance, Reimbursement of
Consultants and of Review Fees Ordinances, Land-Cash Ordinance, School
Transition Fee Ordinance, and Development Fee Ordinance, 733i-except as
modified,_]which have been voluntarily contracted to between the parties and
agreed to by 734{OWNER}735[OWNERS] and DEVELOPER as a condition of
approval of this Planned Unit Development Agreement. Except to the extent
modified by this Agreement, the Preliminary 736{PUD Plan ]Plat and Final Plat of
each phase of development, shall comply with all requirements as set out in
737{the City}738[CITY]'s Zoning Ordinance and Subdivision Control Ordinance at
the time commencement of construction is initiated. No change in 739{the
City}740[CITY1's Zoning Ordinance, Subdivision Control Ordinance,
Reimbursement of Consultants and Review Fees Ordinance, School Transition
Fee, and Development Fee, which have been enacted subsequent to the execution
of this Agreement shall alter the lot sizes, setbacks, performance standards, or
other standards or requirements for this Development except as provided for in
those Ordinances in effect at the time of execution of this Agreement or as
modified herein or in any of the attachments hereto. Except as modified herein,
DEVELOPER and any successor developers, will be bound by changes in BOCA
building codes, building material changes and the like that may be enacted by
741{thc }CITY, so long as the same are applied in a nondiscriminatory manner
throughout 742{the-}CITY. In the event any modifications or amendments occur
in 743{the City}744[CITY]'s Subdivision Control Ordinance or other Ordinances
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of745{ the} CITY affecting the subdivision that benefit
746{OWNER}747[OWNERS] or DEVELOPER, said modifications shall be
effective as to the Subject Property in the event 748{OWNER}749[OWNERS] or
DEVELOPER desire to take advantage of any modifications or amendments that
are enacted by 750{the City}751[CITY] Council after the date of execution of this
Agreement.
B. Improvements Special Service Area. CITY, 752{OWNER}753[OWNERS]
and DEVELOPER and their respective successors, assignees and grantees, agree
to cooperate in establishing a special service area ("SSA") for the Subject
Property to be utilized as a primary funding mechanism for the funding of certain
eligible infrastructure costs in accordance with 754{tom}CITY'S Special Tax Bond
Policy attached as Exhibit_"R".755{ The City retains the right to choose SSA
,-*:,-.}756[ At the
OWNERS' and DEVELOPER's re.uest the CITY will agree to establish a
s.ecial service area (SSA) in an amount not less than 10 000 000 or • eater than
$20.000,000 to be utilized as a primary funding mechanism for installation of
•ublic improvements. The CITY and DEVELOPER shall coo•erate in good faith
to identify and agree on an appro•riate structure for the financing, which the
CITY and DEVELOPER currently believe will consist of a special service area
•ursuant to 35 ILCS 200/27-5 et se... but which ma be authorized and
implemented under other legal frameworks acceptable to the CITY and
DEVELOPER. The burden of the assessment is limited to and shall be paid by
only those future property owners within the SUBJECT PROPERTY. OWNERS
and DEVELOPER agree to establish a customer service line and shall educate
subsequent sales staff personnel and the public regarding any special service area
established pursuant to 35 ILCS 200/27-5 et seq., the cost of which shall be
included in any administrative fee associated with the special service area.
C. Special Service Area-Financing. 757{t=he-}CITY agrees that if requested
by DEVELOPER, 758{tom}CITY shall cooperate with DEVELOPER in the
establishment of a funding mechanism including, without limitation, sales tax
rebates or creation of a Special Service Area (SSA) or other public funding
mechanism for the purpose of financing all public improvements within the
Subject Property or any part or parts or Phase or Phases thereof then owned by the
requesting DEVELOPER, including, without limitation, potable water, fire flow
and/or water storage facilities, roads, storm water facilities (i.e., storm water
sewers, collection and conveyance improvements, detention ponds if they benefit
the Subject Property, sanitary sewer facilities, and other public improvements
which are acceptable to the SSA and underwriter(s). Such cooperation will
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include, without limitation, the enactment of ordinances to: (i) create a Special
Service Area Tax, and (ii) authorize the issuance and sale of bonds so long as
such bonds have no recourse to 759{thy--}CITY; as may be requested by
DEVELOPER consistent with CITY policy as established by 760{City}7611CITY}
Resolution #2002-04, which is attached hereto and incorporated herein by
reference.
D. Economic Development Incentive Agreement. CITY agrees that, if
requested by Developer, 762{the -City}763[CITY1 shall enter into an Economic
Development Incentive Agreement for Sales Tax rebates for Public Infrastructure
Improvements for the Commercial Area of the Subject Property only. Such sales
tax rebates shall be sufficient to provide the cost of Public Infrastructure
Improvements reasonably required for authorized commercial uses in the
Commercial Area, and shall be paid over such period and in such amount as
necessary to retire financing obligations incurred by 764{the City}765[CITY], or
private commercial developers to provide said Public Infrastructure
Improvements, including but not limited to purchase and installation of structures,
engineering and legal fees.
E. Onsite Easement and Improvements. In the event that during the
development of the Subject Property, DEVELOPER determines that any existing
utility easements and/or lines require relocation to facilitate development of the
Subject Property in accordance with the Preliminary Plat, 766{the-}CITY shall
fully cooperate with DEVELOPER in causing the vacation and relocation of such
existing easements, and all costs thereof shall be borne by the DEVELOPER. If
any easement granted to 767{the—}CITY as a part of the development of the
Subject Property is subsequently detelmined to be in error or located in a manner
inconsistent with the intended development of the Subject Property as reflected on
the Preliminary Plan and this Agreement,768{- } CITY shall fully cooperate
with DEVELOPER in vacating and relocating such easement and utility facilities
located therein, which costs shall be borne by DEVELOPER. Notwithstanding
the foregoing, and as a condition precedent to any vacation of easement,
DEVELOPER shall pay for the cost of design and relocation of any such
easement and the public utilities located therein. 769{ -}CITY also agrees to
support and cooperate with 770{OWNER}771[OWNERS1 and DEVELOPER to
obtain access to IL Route 47 and/or Galena Road, with applicable government
agencies.
25. OFFSITE EASEMENTS AND CONSTRUCTION. Except as otherwise
provided herein for the Offsite Water Easements, at the time each Final Plat for a Phase of
Development is recorded, 772{t e-}CITY shall obtain all offsite easements necessary for the
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development of such portion of the Subject Property in accordance with the Preliminary Plan. In
the event an offsite easement is required which was not contemplated in the Preliminary Plan due
to a change in circumstances, or in the event 7731114e-}CITY is unable to acquire such necessary
offsite easement, 774{t e-}CITY shall exercise its power of eminent domain to acquire the same,
in accordance with the 1997 Annexation Agreement and shall pay the reasonable costs incurred
as a result thereof.
26. DISCONNECTION. 775{OWNER}776[OWNERS] and DEVELOPER
agree that DEVELOPER shall develop the Subject Property as a subdivision to be commonly
known as Westbury Village in accordance with the Final Plat and Final Engineering Plan
approved by 777{tom}CITY in accordance with the terms hereof, and shall not, as either the
778{OWNER}779[OWNERS] or DEVELOPER of said property, petition to disconnect any
portion or all of said property from 78°{the-}CITY, unless 781{the }CITY shall be in material
breach of this Agreement. Nothing herein shall preclude 782{OWNER}783[OWNERS] or
DEVELOPER from pursuing any other remedy available to it,judicial or otherwise, for breach
of this Agreement by CITY.
27. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of 784{the }CITY which may be in
conflict with the provisions of this Agreement.
28. ANNEXATION FEE. 785{ -}CITY hereby confirms and agrees that no
786{City}787[CITY] annexation fee shall become due or payable as a result of the development
and build-out of the Subject Property as a result of the prior annexation of said property to
788{t 1e--}CITY. 789{The }CITY hereby waives all current and future annexation fees now or
hereafter required under any ordinances of 790{the-}CITY with respect to the Subject Property,
except as otherwise provided in this Agreement.
29. TRANSFER. It is specifically understood and agreed that
791{OWNER}792[OWNERS] and DEVELOPER and their successors and assigns shall have the
right to sell, transfer, mortgage and assign all or any part of the Subject Property or any Phase or
Parcel and the improvements thereon to other persons, trusts, partnerships, firms, or corporations
for ownership, operation, investment, building, financing, developing, construction and all such
purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the
same rights and privileges and shall have the same obligations as 793{OWNER}794[OWNERS]
and DEVELOPER have under this Agreement, and upon such transfer, such obligations relating
to that part of the Subject Property sold, transferred, mortgaged or assigned shall be the sole
obligation of the transferees, except for any security posted by 795{OWNER}796[OWNERS] and
DEVELOPER on any subdivided or unimproved property for which an acceptable substitute
security has not been submitted to797{ the} CITY, and transferor shall be relieved of all duties
and obligations hereunder relating to that portion of the Subject Property, Phase or Parcel so
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sold, transferred or assigned. Without limiting the foregoing provisions of this Paragraph 29, the
indemnity, defense and hold harmless provisions of Subparagraph and Paragraph , shall
be the obligation of the specific owner and/or owners of that portion of the Subject Property
upon which such work and/or utility installation is occurring.
30. CITY ASSISTANCE. 798{The-}CITY agrees to cooperate and provide
any reasonable assistance requested by 799{OWNER}800[OWNERS] or DEVELOPER in
applying for and obtaining any and all approvals or permits necessary for the development of the
Subject Property, including, but not limited to those required from the IEPA, the Army Corps of
Engineers, the Federal Emergency Management Agency, IDOT, the Illinois Department of
Natural Resources, Bristol Township, the Yorkville Park Board and Yorkville Community Unit
School District 115. 801{The }CITY further agrees to reasonably cooperate with
802{OWNER}803[OWNERS] and DEVELOPER in obtaining all permits and approvals required
by the YBSD, the County of Kendall and all other governmental units in connection with the
contemplated development of the Subject Property.
31. GENERAL PROVISIONS.
A. Enforcement.
1. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties or their successors or assigns by an
appropriate action at law or in equity to secure the performance of the
covenants and agreements contained herein, including the specific
performance of this Agreement. This Agreement shall be governed by the
laws of the State of Illinois.
2. In the event of a material breach of this Agreement, the parties
agree that the defaulting party shall have thirty (30) days after notice of
said breach to correct the same prior to the nonbreaching party's seeking
of any remedy provided herein; provided, however: (i) any breach by
804{O\\'NER}805[OWNERS] reasonably determined by 806{the-}CITY to
involve health or safety issues may be the subject of immediate action by
807{1hhe-}CITY without notice or thirty (30) day delay; and (ii) if the cure
for any breach that does not involve health or safety issues cannot
reasonably be achieved within thirty (30) days, the cure period shall be
extended provided the breaching party commences the cure of such breach
within the original thirty (30) day period and diligently pursues such cure
to completion thereafter.
3{CHn.2_22,? 13.17} 4
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0]
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3. In the event the performance of any covenant to be performed
hereunder by either 808{OWER}809[OWNERS], DEVELOPER or 810{the
}CITY is delayed for causes which are beyond the reasonable control of
the party responsible for such performance (which causes shall include,
but not limited to, acts of God; inclement weather conditions; strikes;
material shortages; lockouts; the revocation, suspension, or inability to
secure any necessary governmental permit, other than a CITY license or
permit; and any similar case) the time for such performance shall be
extended by the amount of time of such delay.
4. The failure of the parties to insist upon the strict and prompt
performance of the terms, covenants, agreements, and conditions herein
contained, or any of them, upon any other party imposed, shall not
constitute or be construed as a waiver or relinquishment of any party's
right thereafter to enforce any such term, covenant, agreement, or
condition, but the same shall continue in full force and effect.
B. Successors and Assigns. This Agreement shall inure to the benefit of and
be binding upon the 811{OWNER}812[OWNERS], DEVELOPER and their
successors in title and interest, and upon 813{t e--}CITY, and any successor
municipalities of 814{the-}CITY. It is understood and agreed that this Agreement
shall run with the land and as such, shall be assignable to and binding upon
subsequent grantees and successors in interest of the 81'{OWNER}816[OWNERS],
DEVELOPER, and817{ the} CITY. The foregoing to the contrary
notwithstanding, the obligations and duties of 818{OWtER}819[OWNERS] and
DEVELOPER hereunder shall not be deemed transferred to or assumed by any
purchaser of a lot improved with a dwelling unit who acquires the same for
residential occupation, unless otherwise expressly agreed in writing by such
purchaser.
C. This Agreement contains all the tenus and conditions agreed upon by the
parties hereto and no other prior agreement, excepting the Annexation Agreement
it amends, regarding the subject matter hereof shall be deemed to exist to bind the
parties. The parties acknowledge and agree that the terms and conditions of this
Agreement, including the payment of any fees, have been reached through a
process of good faith negotiation, both by principals and through counsel, and
represent terms and conditions that are deemed by the parties to be fair,
reasonable, acceptable and contractually binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may
wish to, serve upon any other party in connection with this Agreement shall be in
{CH02 72212-41817 }
4{
1}
{22212118} X411
9[
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writing and shall be deemed effectively given on the date of confirmed
telefacsimile transmission, on the date delivered personally or on the second
business day following the date sent by certified or registered mail, return receipt
requested, postage prepaid, addressed as follows:
(i) If to 820{
}
DEVELOPER: Ocean Atlantic821( Chicago, LLCT
1800 Diagonal Road
Suite 425
Alexandria,VA 22314
Attn: Michael Ferraguto
Phone: (703) 299-6060
Fax: (703) 299-6199
with a copy to: Gardner Carton & Douglas
191 N. Wacker Drive
Suite 3700
Chicago, IL 60606
Attn: Sanford M. Stein
Phone: (312) 569-822{3890}823112291
Fax: (312) 569-3229
(ii) If to 824{OW\' TER}825{OWNERSI: John or Richard Undesser, Jr.
10318 Galena Road
Bristol, IL 60512
with a copy to: Robert E. Nelson
Attorney at Law
Keystone Building
30 South Stolp Avenue, Suite 402
Aurora, IL 60506
Phone: (630) 892-4344
Fax: (630) 892-4371
3tL:H: 2•2?-'1-418 1; }
4{_
}5{ }6{'
{2221_1{8}8[42
9[
3i02/222��2448.18] 1
{i! o,} [6/18/2004 1:]04 `[PM]
(iii) If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, IL 60560
Phone: (630) 553-4350
Fax: (630) 553-7575
with a copy to: Daniel J. Kramer, Esq.
1007 Al
South Bridge Street
Yorkville, IL
Phone: (630) 553-9500
Fax: (630) 553-5764
or to such other persons and/or addresses as any party may from time to time
designate in a written notice to the other parties.
E. Severability. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the
event any part or portion of this Agreement, or any provision, clause, word, or
designation of this Agreement is held to be invalid by any court of competent
jurisdiction, said part, portion, clause, word or designation of this Agreement shall
be deemed to be excised from this Agreement and the invalidity thereof shall not
affect such portion or portions of this Agreement as remain. In addition, 826{the
}CITY, 827{OWNER}828[OWNERS], and DEVELOPER shall take all action
necessary or required to fulfill the intent of this Agreement as to the use and
development of the Subject Property.
F. Agreement. This Agreement, and any Exhibits or attachments hereto, may
be amended from time to time in writing with the consent of the parties, pursuant
to applicable provisions of 829{the-}CITY Code and Illinois Compiled Statutes.
This Agreement may be amended by 830{the-}CITY and the owner of record of a
portion of the Subject Property as to provisions applying exclusively thereto,
without the consent of the owner of other portions of the Subject Property not
affected by such Agreement.
G. Conveyances831 j and Assignmentsl. Nothing contained in this Agreement
shall be construed to restrict or limit the right of the 832{OWNER}833[OWNERS]
or DEVELOPER to sell or convey all or any portion of the Subject Property,
whether improved or unimproved834[, or to assign or sell any rights hereunder to
third parties]
{2221'_118} [43]
9{
02/22 2448.18] 12
{1,29-} [6/18/20041:]04 [PM]
H. Necessary Ordinances and Resolutions. 83'{Thi-}CITY shall pass all
ordinances and resolutions necessary to permit the 836{OWNER}837[OWNERS],
DEVELOPER, and their successors or assigns, to develop the Subject Property in
accordance with the provisions of this Agreement, provided said ordinances or
resolutions are not contrary to law. 838{The-}CITY agrees to authorize the Mayor
and CITY Clerk to execute this Agreement or to correct any technical defects,
which may arise after the execution of this Agreement.
I. Term of Agreement. The term of this Agreement shall be twenty (20)
years. In the event construction is commenced within said twenty-year period all
of the terms of this Agreement shall remain enforceable despite said time
limitation, unless modified by written agreement of 839{the—}CITY and
DEVELOPER.
J. Captions and Paragraph Headings. The captions and paragraph headings
used herein are for convenience only and shall not be used in construing any team
or provision of this Agreement.
K. Recording. This Agreement shall be recorded in the Office of the
Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this
Agreement, and the exhibits attached hereto, are incorporated herein by this
reference and shall constitute substantive provisions of this Agreement.
M. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one
and the same document.
N. No Moratorium. 840{The }CITY shall not limit the number of building or
other permits that may be applied for due to any CITY-imposed moratorium and
shall in no event unreasonably withhold approval of said permits or approval for
the Final Plat of any Phase of the subdivision. Unless specifically set forth to the
contrary herein, nothing contained herein shall affect any limitations imposed as
to sanitary sewer or water main extensions by the Illinois Environmental
Protection Agency, or Yorkville-Bristol Sanitary District.
O. Highways 47, Galena Road, and Corneils Road Entrances. DEVELOPER
agrees to comply and pay the cost of compliance with all requirements with
regard to entrances into the development from State Highway 47, Galena Road
and Comeils Road.
3 4..
{Ct-t 2 222'2118 17-} 1_
}5{ 1}6{
7 8
{2224211S} [44]
9[
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{1129-} [6/18/2004 1:104 [PM]
841{P. }8421A.] Time Is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Agreement shall be performed in a timely manner by all parties
hereto.
843{Q. }844[B.1 Exculpation. It is agreed that 845{t }CITY is not liable or responsible
for any restrictions on 846{tom-}CITY's obligations under this Agreement that may
be required or imposed by any other governmental bodies or agencies having
jurisdiction over the Subject Property, 847{the }CITY, the DEVELOPER, or
848{O11'NER}849[OWNERS], including, but not limited to, county, state or federal
regulatory bodies.850{
[ r2 2s21^1"5 } 4
7{22312118}8[45]
9[
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{1 12
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}
3{CH92 222'12118.1 } 41_
-}
7{22212418}8[46]
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
DEVELOPER: CITY:
OCEAN ATLANTIC CHICAGO, LLC, UNITED CITY OF YORKVILLE, an
A Delaware Limited Liability Company
By: Ocean Atlantic Service Corp., Manager
By: By:
John C. Carroll Mayor
Title: President
Attest:
Dated:
Dated:
851[OWNERS: ]OWNER:
ESTATE OF RICHARD & HENRIETTA 852[ OCEAN ATLANTIC
]UNDESSER853[ CHICAGO/PFG WESTBURY, LLC1
854[By: By:
855[Title: Title:]
856[Dated: Dated:
1
By:
Title:
Dated:
857{By:
858{Title: }
3g:1-301'222 "f 8 17 } 4{-
} {17} {}5{'l7}6{
{2221211g}8[47]
9[
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{4-Q9-1 [6/18/2004 1:10412[PM]
859{Dated: }
3t(H02. 41.
/5{= }5{
_}
7{22212115}8[481
1__
9[
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860{
6{
'7{22212118}8[4_9]
9
12/22 2448.18] 12
{v2�k} [6/18/2004 1:]04 [PM]
}LIST OF EXHIBITS
EXHIBIT "A" UNDESSER PROPERTY LEGAL DESCRIPTION
EXHIBIT "B" ANNEXATION PARCEL LEGAL DESCRIPTION
EXHIBIT "B-1" PLAT OF ANNEXATION
EXHIBIT "B-2" AMENDED ZONING DISTRICT LEGAL DESCRIPTIONS
EXHIBIT "B-3" GRAPHIC DESCRIPTION OF AMENDED ZONING
DISTRICTS
EXHIBIT "C" PRELIMINARY PUD 861{PLAN }862{EXHIBIT }"C-1"
ALTERNATE PUD PLAN
EXHIBIT "D" PRELIMINARY LANDSCAPE PLAN
EXHIBIT "E" PRELIMINARY ENGINEERING PLAN
EXHIBIT "863[E-1" OFF-SITE STORM SEWER]
864[EXHIBIT "]F" COMMON 865{FACILITIES PLAN}
EXHIBIT "G" RIGHT TO FARM STATEMENT AND STATEMENT
AUTHORIZING CONTINUING BUSINESS OPERATIONS
EXHIBIT "H" DEVIATIONS FROM LOCAL CODES
EXHIBIT "I866[" YBSD/ROB ROY CREEK INTERCEPTOR PLAN]
867[EXHIBIT "I-1" LETTER OF CREDIT FOR SANITARY SEWER FEES]
868[EXHIBIT "I-2" PROPERTIES SUBJECT TO CITY OF YORKVILLE ROB ROY
CREEK INTERCEPTOR BOND REPAYMENT]
869[EXHIBIT "J]" EASEMENT AGREEMENT WATER MAIN FACILITIES
EXHIBIT "870{J}871[K]" OPEN SPACE ALLOCATION EXHIBIT
3[(H02 222.12.1-18 17 } 4
15{54416{
7{22^-12148}8[50]
9[
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t012 ...):12[464/81
a � } [6244818
'2004 1:10412[PM]
EXHIBIT "872{K}873[L]" WESTBURY VILLAGE HOMEOWNERS ASSOCIATION
COVENANTS, CONDITIONS AND RESTRICTIONS
EXHIBIT "874{L}875[M]" SECURITY INSTRUMENT
IRREVOCABLE LETTER OF CREDIT
EXHIBIT "876{M}877[N]" PENDING ORDINANCE AMENDMENTS
878[ (i) Subdivision Control Ordinance
(ii) Standard Specifications for Improvements]
EXHIBIT "879{N}880[Q]" APPLICABLE BUILDING CODES
EXHIBIT "881{O}882[]" YORKVILLE SCHOOL DISTRICT
SCHOOL DISTRICT SITE LETTER
EXHIBIT "883{P}884[Q]" ADJACENT ROADWAY IMPROVEMENT EXHIBITS
EXHIBIT "885{(4}886[R]" RECAPTURE IMPROVEMENTS BENEFITTED PROPERTIES
EXHIBIT "887{R}888[x" SPECIAL TAX BOND POLICY
889{
}
{222121/F) 15I]
9[
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}
891{Vt''A1 ING: This section retains the original forrtnattina, including headers
•
will be lost.}
892{ -- - - z. - - ...
headers and footers.}
893{ - ' -. —
b }
3(CHS� ''.21_41817 } 4
{222121e18}8[52]
9[
- 02/22 244:.18 12
11'29—) [6/18/2004 1:]0412[PM]
06/18/2004 08: 16 FAX 630 553 5764 DANIEL J. KRAMER (it 002/005
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO, 2004-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO ANNEXATION AGREEMENT,ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
OCEAN ATLANTIC,A DELAWARE LIMITED LIABILITY COMPANY,AND THE
ESTATES OF RICHARD A. UNDESSER AND HENRIETTA UNDESSER
(Westbury Village Subdivision)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE,'Kendall
County,Illinois,that a certain Amendment to Annexation Agreement,Annexation and Planned Unit
Development Agreement pertaining to the annexation and 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 Amendment to Annexation Agreement, Annexation and 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 ILLS 5/11-15.1-1 (2002),as amended,
for the execution of said Amendment to Annexation Agreement, Annexation and Planned Unit
1
06/18/2004 08: 18 FAX 630 553 5764 DANIEL J. KRAMER a 003/005
Development Agreement has been fully complied with;and
WHEREAS, the property is contiguous to the City, and not within the boundaries of any
other municipality.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
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, an Amendment to Annexation Agreement, Annexation and Planned Unit
Development Agreement concerning the annexation and development of the real estate described
therein, a copy of which Amendment to Annexation Agreement, Annexation and 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 JOSEPH BESCO
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 2004.
MAYOR
2
06/18/2004 08: 17 FAX 630 553 5764 DANIEL J. KRAMER 1004/005
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of , A.D. 2004.
Attest:
CITY CLERK
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S.Bridge St.
Yorkville, IL 60560
630.553.9500
3
06/18/2004 08: 17 FAX 630 553 5764 DANIEL J. KRAMER IJ 005/005
EXHIBIT LIST
Exhibit"A" - "Full"legal description
4
06/18/2004 08. 17 FAX 630 553 5764 DANIEL J. KRAMER fj002/00E
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE NO. 2004-
ORDINANCE ANNEXING PROPERTIES TO
AND ZONING REAL PROPERTY
PURSUANT TO PLANNED UNIT DEVELOPMENT AGREEMENT
THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS
WHEREAS,OCEAN ATLANTIC,a Delaware Limited Liability Company,as Developers,
and THE ESTATES OF RICHARD A. UNDESSER and HENRIETTA UNDESSER, as,record` ,<<r
4..
owners in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE,have
heretofore submitted a Petition for Annexation of said property; and
WHEREAS, the development and annexation of said land have been considered by THE
UNITED CITY OF YORKVILLE; and
WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to
annex the said land described in said Petition for Annexation to THE UNITED CITY OF
YORKVILLE; and
WHEREAS,the Petitioners are the Owners of Record of said property and no other electors
reside thereon; and
1
06/18/2004 08 17 FAX 630 553 5764 DANIEL J. KRAMER Vi 003/006
WHEREAS, said property is not within any other municipality; and
WHEREAS, said Petition is under oath requesting the annexation of said property to THE
UNTIED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in
accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code,being 65 ILCS 5/11-
15.1-1 (2002) et. seq.
WHEREAS,said property is contiguous to THE UNITED CITY OF YORKVILLE and not
within the corporate limits of any municipality; and
WHEREAS,the statutes provide that upon affirmative vote of a majority of the City Council,
contiguous property can be annexed to THE UNITED CITY OF YORKVTLLF, Kendall County,
Illinois.
BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE,Kendall
County, Illinois:
Section 1: That the property legally described as follows be and the same is hereby atineued
to THE UNITED CITY OF YORKVILLE,Kendall County, Illinois:
See Attached Legal Description incorporated herein by reference(Exhibit"A-1")
Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be,and they are
hereby,extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE,
Kendall County, Illinois.
Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be,and is hereby,
authorized and directed to record with the Recorder of Deeds of Kendall County,Illinois,a certified
copy of this Ordinance,together with an accurate map of the territory annexed,which map shall be
certified as to its correctness.
2
06/18/2004 08: 17 FAX 630 553 5764 DANIEL J. KRAMER I004/008
Section 4: That the property described in Exhibit"A-1"and as depicted in the Annexation
Plat which is incorporated herein as Exhibit"A-2" and the property previously annexed which is
depicted i n the a ttached Exhibit"B"(Zoning P lat)i ncorporated herein b y reference is hereby
annexed and zoned as follows: B-3 Service Business District which is legally described in the
attached Exhibit"C-1",R-2 One Family Residence District which is legally described in the attached
Exhibit"C-2",R-3 General Residence District which is legally described in the attached Exhibit"C-
3", and R-4 General Residence District which is legally described in the attached Exhibit"C-4".
Section S: That all Ordinances or portion of Ordinances in conflict herewith be,and they are
hereby repealed insofar as such conflict exists,
Section 6: That this Ordinance shall take effect and be in full force and effect upon and after
its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall
County,Illinois, as herein provided, this day of
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of , A.D. 2004,
MAYOR
3
06/18/2004 08 18 FAX 630 553 5764 DANIEL J. KRAMER 005/006
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
day of ,A.D, 2004,
Attest:
CITY CLERK
Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St,
Yorkville, IL 60560
630.553.9500
4
06/18/2004 08: 18 FAX 630 553 5764 DANIEL J. KRAMER a 00B/006
EXHIBIT LIST
Exhibit"A-1" - Annexation legal description(approximately 70 acres)
Exhibit"A-2" - Annexation Plat
Exhibit"B" - Zoning Plat
Exhibit"C-1" - B-3 Service Business District legal description
Exhibit"C-2" - R-2 One Family Residence District legal description
Exhibit`.`C-3" - R-3 General Residence District legal description
Exhibit"C-4" - R-4 General Residence District legal description
5
June 16, 2004
To the Mayor and City Council of the United City of Yorkville,
A request to modify or enhance or amend the existing Noise
Control Ordinance 2001-10.
For development and construction operations on Bristol Ridge Rd.,
Kennedy Rd. and Route 34.
MPI Grandreserve.
Homeowners on these above mentioned roads are asking for time
(hours of daily operation) limits of:
Monday through Friday 7:00 a.m. — 5:30 p.m.
Saturday 8:00 a.m. — 2:00 p.m.
Grandreserve stated in earlier public meetings that they would
not be intrusive in existing county residents' lives. As of
Wednesday, June 16, 2004, the hours of construction were from
6:00 a.m. to dark (Monday through Friday), and 6:00 a.m. to 3:00
or 4:00 p.m. (Saturday). This is very intrusive and not acceptable.
Please enhance the Noise Ordinance, and include Yorkville's
construction hours of operation.
,L ()/U
Birgitt Peterson I� ia
"
3025 Bristol Ridge Road
(630) 554-1764
We, the undersigned Homeowners in the River Ridge
Subdivision, petition the Yorkville Fleeted Government
NOT to build three (3) medians on Bristol Ridge Road.
NAME(print) SIGNATURE
t),%----4,--„4,71;----.2.z.....-7Y--/I c / --
t:4_,' ._../ 12......-2.-c,--,..)
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BITc 1 P d'SG n a3 fr- j: -
11-)7----P
We, the undersigned Homeowners in the River Ridge
Subdivision, petition the Yorkville Elected Government
NOT to build three (3) medians on Bristol Ridge Road.
NAME(print) SIGNATURE
c=5,—....
17
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27
We, the undersigned Homeowners in the River Ridge
Subdivision, petition the Yorkville Elected Government
NOT to build three (3) medians on Bristol Ridge Road.
NAME print ADDRESS SIGNATURE
4,
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2--
4('-,i/i,) ;6/34443 1,s.
1'/\)1\',!`\/(>'
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l.< ,_a e, E'r pec r •
4
We, the undersigned Fiomeowners in the River Ridge
Subdivision, petition the YorIMIle Elected Government
NOT to build three (3) medians on Bristol Ridge Road.
NAM F(print) ADDRESS SIGNATURE
7.4.4----,--(
2 °813V/, ',-(,(,/ rSt `6
if .________ ______
1