City Council Packet 2005 11-22-05 rc0o6 .,
0 United City of Yorkville
800 Game Farm Road
ES7: � `° 1836
Yorkville, Illinois 60560
-c iTelephone: 630-553-4350
�1, Fax: 630-553-7575
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 PM
REVISED 11/21/05 Tuesday,November 22,2005
Call to Order: 7:00 p.m.
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Paul James Valerie Burd Marty Munns Joe Besco
Jason Leslie Dean Wolfer 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, December 5, 2005 To be Announced
City Hall Conference Room
Economic Development Committee:
7:00 p.m., Thursday, December 15, 2005
City Hall Conference Room
Administration Committee Meeting:
6:30 p.m., Thursday, December 1, 2005
City Hall Conference Room
Public Safety Committee Meeting:
6:30 p.m., Thursday, December 8, 2005
City Hall Conference Room
Presentations: None
City Council Meeting Agenda
November 22, 2005
Page 2
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Public Hearings:
1. Wyndham Deerpoint Homes, JS&WD Development, LLC, Harry Anderson and William Galvin, Jr.,
petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1
Agricultural to United City of Yorkville B-2 General Business District and R-2 One-Family Residence
District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of
approximately 154 acres North of Route 71 and West of Pavillion Road, Kendall Township, Kendall
County, Illinois.
2. JS&WD Development, LLC, Harry Anderson and William Galvin, Jr.,petitioners, request to annex to the
United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2
One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real
property consists of approximately 178.3 acres South of Route 71 and West of Legion Road, Kendall
Township, Kendall County, Illinois.
Citizen Comments:
Consent Agenda
1. ADM 2005-02 Ordinance for the Levy and Assessment of Taxes for the Fiscal Year Beginning May 1,
2006 and Ending April 30, 2007 for Special Service Area Number 2004-201 (Fox Hill)
- authorize abatement in the amount of$18,000 and authorize Mayor and City Clerk
to execute
2. ADM 2005-03 Ordinance Abating Special Service Area Taxes for Special Service Area Number
2003-100 (Raintree Village I) and Approving the Amended Special Tax Roll - authorize
Mayor and City Clerk to execute
3. ADM 2005-04 Ordinance Abating Special Service Area Taxes for Special Service Area Number
2003-101 (Windett Ridge) and Approving the Amended Special Tax Roll - authorize
Mayor and City Clerk to execute
4. ADM 2005-05 IMLRMA Insurance Rate - approve annual renewal policy
5. ADM 2005-06 Monthly Treasurer's Report for September 2005
6. ADM 2005-08 Resolution Approving the Revised Job Description for the Position of Senior Accounting
Clerk(Formerly Known as Accounting Clerk II/Human Resource Clerk) - authorize
Mayor and City Clerk to execute
7. PW 2005-02 Cannonball Hill Subdivision—Final Acceptance - accept public improvements
8. PW 2005-03 In-Town Drainage Program—Storm Sewer Easement - authorize Mayor and City Clerk to
execute
9. PW 2005-06 Deuchler Engineering Agreement for FPA Expansion—Northwest Service Area- authorize
Mayor and City Clerk to execute
10. PW 2005-07 Deuchler Engineering Agreement for FPA Expansion—Fagenal Development - authorize
Mayor and City Clerk to execute
11. PW 2005-08 Deuchler Engineering Agreement for FPA Expansion—KB Homes Development—Konicek
& Hageman Properties - authorize Mayor and City Clerk to execute
City Council Meeting Agenda
November 22, 2005
Page 3
Consent Agenda (con't)
12. PW 2005-09 Deuchler Engineering Agreement for FPA Expansion—Montalbano Development—Lee
Farm- authorize Mayor and City Clerk to execute
13. PW 2005-10 Deuchler Engineering Agreement for FPA Expansion—Marker Development—Heartland
Crossing- authorize Mayor and City Clerk to execute
14. PW 2005-11 Deuchler Engineering Agreement for FPA Expansion—Wiseman-Hughes Development—
Windett Ridge Unit 3 - authorize Mayor and City Clerk to execute
15. PW 2005-12 Deuchler Engineering Agreement for FPA Expansion—Hudson Lakes Development—
authorize Mayor and City Clerk to execute
16. PW 2005-13 Deuchler Engineering Agreement for FPA Expansion—MPI South Development - authorize
Mayor and City Clerk to execute
17. PW 2005-14 Deuchler Engineering Agreement for FPA Expansion— Schramm Property - authorize
Mayor and City Clerk to execute
18. PW 2005-17 2005 Concrete Roadway Pavement Striping— Change Order#1 —authorize increase in an
amount not to exceed$1,003.55,funding to be paid from Line Item #01-410-75-00-7100
—Street Rehab Projects, and authorize Mayor to execute
19. PW 2005-18 Cannonball Estates Phase 2—Letter of Credit Reduction#5 - authorize reduction in an
amount not to exceed$9,618.77
20. PW 2005-19 Prestwick of Yorkville—Earthwork Letter of Credit Reduction#1 - authorize reduction in
an amount not to exceed$753,535.73
Plan Commission/Zoning Board of Appeals:
Minutes for Approval (Corrections and Additions):
Minutes of City Council— October 25, 2005 and November 8,2005
Minutes of Committee of the Whole—September 20, 2005
Bill payments for approval from the current Bill List (Corrections and Additions):
Checks total these amounts:
$ 1,059,441.73 (vendors)
$ 154,665.69 (payroll period ending 10/29/05)
$ 1,214,107.42 (total)
Reports:
Mayor's Report:
1. COW 2005-01 Engineering Enterprises, Inc. Agreement for Shallow Well Siting Program
2. COW 2005-02 Ordinance Amending City Code Title 1 —Administration, Chapter 6—
Municipal Officers and Employees—New Article "D" City Administrator
Regarding City Administrator Ordinance
City Council Meeting Agenda
November 22, 2005
Page 4
Reports (con't):
City Council Report:
City Attorney's Report:
1. COW 2005-03 Agreement with Trinity Church United Methodist
2. CC 2005-01 Rob Roy Creek Interceptor Funding and Easement Agreements
a. Caledonia—Interceptor Sewer Agreement Term Sheet
b. Bristol Bay—Interceptor Sewer Agreement Term Sheet
c. Westbury—Interceptor Sewer Agreement Term Sheet
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. PW 2005-04 Route 47 and Fox Road Intersection—Engineering Enterprises, Inc. Proposal to Prepare
Intersection Design Study
2. PW 2005-05 Autumn Creek Easements
3. PW 2005-20 River's Edge Phase 1 - Letter of Credit Reduction #4 and Acceptance of Public Improvements
4. PW 2005-22 Deuchler Engineering Agreement for Design and and Construction Inspection Services for
Gawne Lane Improvements
5. PW 2005-23 Updated Capital Improvement Program
6. PW 2005-26 Rob Roy Creek Interceptor Contract 5 —Results of Bid Opening
7. PW 2005-27 Rob Roy Creek Interceptor Contract 6 —Results of Bid Opening
Economic Development Committee Report:
1. No Report
City Council Meeting Agenda
November 22, 2005
Page 5
Public Safety Committee Report:
1. No Report.
Administration Committee Report:
1. ADM 2005-14 Salary Survey: Mayor, Aldermen, Clerk& Treasurer
2. ADM 2005-01 Tax Levy
3. ADM 2005-10 Library Levy
4. ADM 2005-12 Tuition Policy
5. ADM 2005-09 Resolution Approving the Revised Job Description for the Position of Engineering
Administrative Assistant(Formerly Known as "Engineering Assistant")
6. ADM 2005-15 Ordinance Establishing Special Service Area Number 2004-107 (Raintree Village II)
7. ADM 2005-16 Ordinance Providing for Issuance of Special Service Area Number 2004-107 Special Tax
Bonds, Series 2005 (Raintree Village II)
Additional Business:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006
;PUBLIC WORKS
Committee Departments Liaisons
Chairman: Alderman Besco Water and Sewer Park Board
Committee: Alderman Munns Streets and Alleys YBSD
Committee: Alderman Wolfer Sanitation and Waste
Committee: Alderman James
ECONOMIC DEVELOPMENT
Committee Departments Liaisons
Chairman: Alderman Munns Planning& Building & Zoning Chamber of Commerce
Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev.
Committee: Alderman Besco Plan Commission
Committee: Alderman Leslie Bristol Plan Commission
Yorkville Econ. Dev. Corp.
Aurora Area Convention&
Tourism Council
Downtown Re-development
City Council Meeting Agenda
November 22, 2005
Page 6
COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 (con't)
'PUBLIC SAFETY
Committee Departments Liaisons
Chairman: Alderwoman Ohare Police Human Resource Comm.
Committee: Alderwoman Spears Schools School District
Committee: Alderman Wolfer Public Relations KenCom
Committee: Alderman Leslie
ADMINISTRATION
Committee Departments Liaisons
Chairman: Alderman James Finance Metra
Committee: Alderwoman Ohare Public Properties Library
Committee: Alderwoman Spears Personnel Cable Consortium
Committee: Alderwoman Burd
SAD-HOC: TECHNOLOGY;
Committee
Co-Chairman: Alderwoman Ohare
Co-Chairman: Alderman Wolfer
)(AlIC', 'H-LarI),-Ics 4
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10/17/2005
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
John Wyeth
800 Game Farm Road n
Yorkville, Illinois 60560 O E (61 7
630.553A350
ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(The Chally Subdivision)
THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is
made and entered as of the day of , 2006, by and between JW & WD
DEVELOPMENT, L.L.C., an Illinois limited liability company("Owner") and ("Developer"),
and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing
under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and
Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes
hereinafter referred to individually as a "Party" and collectively as the "Parties".
RECITALS:
A. OWNER is the OWNER of record of those certain parcels of real estate
legally described on Exhibit "A" attached hereto ("Chally Property").
B. The Owner desires to annex the Property to the City upon terms and
conditions recited in this agreement.
C. The Owner, after full consideration, recognizes the many advantages and
benefits resulting from the annexation of the Property to the City.
D. The OWNER desires to annex additional property on exhibit A to the City for
the purposes of developing one contiguous planned unit development(PUD) known as the
Chally Subdivision (approximately 154 acres).
E. DEVELOPER desires to proceed with the development thereof for residential
use in accordance with the terms and provisions of this Agreement.
F. The property is not included within the corporate limits of any municipality.
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G. DEVELOPER proposes that a portion of the Chally Property as legally
described and depicted in Exhibit"B"attached hereto ("R-2 Parcel") be rezoned as a PUD
under the R-2 One-Family Residence District, and B-2, Business, provisions of the City
Zoning Ordinance ("Zoning Ordinance"), Residence District with a Special Use for a
Planned Unit Development with single-family, and business.
H. All public hearings, as required by law, have been duly held by the
appropriate hearing bodies of the City upon the matters covered by this Agreement.
I. The City and DEVELOPER have given all appropriate notices due to be given
pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code.
J. The Corporate Authorities, after due and careful consideration, have
concluded that the Agreement of the Annexation Agreement in accordance with the terms
and provisions of this Agreement, and the rezoning, subdivision and development of the
Property as provided for herein, will inure to the benefit and improvement of the City in that
it will increase the taxable value of the real property within its corporate limits, promote the
sound planning and development of the City and will otherwise enhance and promote the
general welfare of the people of the City.
K.
(i) Each party agrees that it is in the best interests of the OWNER and
DEVELOPER and the City to annex and develop the subject real property
described in the Attached Exhibit"A"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) Each party agrees that it is in the best interest of the local governmental
bodies affected and the DEVELOPER and OWNER to provide for specific
performance standards in the development of the subject property.
(iii) Each party agrees that a substantial impact will be had on the services of the
United City of Yorkville and the Yorkville School District by development of
said real property.
(iv) The subject real property is located contiguous to the corporate boundaries
of the CITY; and not within the corporate boundaries of any other
municipality.
L. It is the desire of the CITY, DEVELOPER and OWNER that the development
and use of the Chally Property proceed as conveniently as may be, in accordance with the
terms and provisions of this Agreement, and be subject to the applicable ordinances,
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codes and regulations of the CITY now in force and effect, except as otherwise provided in
this Agreement.
M. The CITY's Plan Commission has considered the Petition, and the CITY
Council has heretofore both requested and approved the proposed land use and the
zoning of the same at the request of OWNER/DEVELOPER.
N. The OWNER/DEVELOPER and its representatives have discussed the
proposed annexation and have had public meetings with the Plan Commission and the
CITY Council, and prior to the execution hereof, notice was duly published and a public
hearing was held to consider this 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 supplement and in addition to the Petition for Zoning and Annexation
and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to
be approved by the CITY Council upon the following terms and conditions and in
consideration of the various agreements made between the parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY Ordinances and applicable provisions of
the Illinois Compiled Statutes and the Illinois Constitution.
2. ZONING. As soon as reasonably practicable following the execution of this
Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary
and appropriate to rezone the Property under the R-2 One-Family Residence District and
B-2 Business District of the CITY Zoning Ordinance ("Zoning Ordinance"), One Family
Residence District with a Special Use for a Planned Unit Development. The zoning map of
the CITY shall thereupon be modified to reflect the classifications of the Chally Property as
aforesaid.
3. SUBDIVISION OF CHALLY PROPERTY.
A. Approval of Preliminary Plan (Preliminary Plat, Preliminary Landscaping and
Preliminary Engineering). DEVELOPER has submitted to the CITY a
preliminary plat of subdivision for the Chally Property prepared by Land
Vision, Inc., a copy of which preliminary plat is attached hereto and made a
part hereof as Exhibit "C" ("Preliminary Plat"). DEVELOPER has also
submitted to the CITY a preliminary landscape plan for the Chally Property
(Prepared by Gary Webber and Associates, a copy of which is attached
hereto as Exhibit "C-1" ("Preliminary Landscape Plan") and preliminary
engineering prepared by Jacob and Heffner Associates, P.C. , a copy of
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which preliminary engineering is attached hereto as Exhibit"D("Preliminary
Engineering"). The Preliminary Plat, Preliminary Landscape Plan and
Preliminary Engineering are collectively referred to as the Preliminary Plan.
Prior to execution of this Agreement, DEVELOPER has submitted the
Preliminary Plan to the Plan Commission of the CITY and said Plan
Commission has recommended approval of the Preliminary Plan as
complying with all the provisions of the Subdivision Regulations and the
Zoning Ordinance of the CITY, except for those items for which variations or
deviations have been granted, as set forth in this Agreement. In accordance
with the development concepts set forth on the Preliminary Plan, the Chally
Property shall be developed in substantial accordance with the one family
and two family dwelling unit concepts set forth therein, with a total boilable
subdivided lot count of one family lots and acres pf Business
within the Chally Property, subject to Final Plat and Final Engineering review,
as defined in Paragraph 3.B hereof.
The Chally Property shall be developed in the manner and in accordance
with the development concept set forth in the Preliminary Plat, and such
development shall be in full conformance with the CITY's Zoning Ordinance,
Subdivision Regulations, Building Code, and other CITY ordinances, codes,
rules and regulations pertaining to the development of the Chally Property as
provided in Paragraph 8 of this Agreement, except as otherwise modified or
varied pursuant to the terms of this Agreement. The engineering design for
the sanitary sewer, water, storm sewer service and the storm water
retention/detention, as well as the streets and sidewalks within, upon and
serving the Chally Property, shall be substantially as provided in the
preliminary engineering plans attached hereto on Exhibit "D" . The
Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering
are referred to herein collectively as the "Preliminary Plan".
B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the
right to develop the Chally 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
discretion. Upon the submittal by DEVELOPER to the CITY of a final plat of
subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan")and
final engineering plans ("Final Engineering") for a Phase of Development,
which substantially conform with the Preliminary Plans as to such Phase of
Development, the CITY shall promptly approve such Final Plat, 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 Plat to be duly recorded with the Kendall
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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 6 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". Concurrent with and prior to recording a
Final Plat the CITY's review of Final Plans for a Phase of Development,
DEVELOPER shall submit to the CITY for its review a copy of the
Declaration of Covenants, Restrictions 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 and/or the
CITY to establish an association or associations of homeowners (each a
"Homeowners Association") which shall have Primary Responsibility, as
defined in Paragraph 21 hereof, for the ownership, care and maintenance of
the common open space areas within the Chally Property as listed in Exhibit
"K" attached hereto ("Common Facilities") and the collection of
assessments from the association members to defray the cost thereof. The
Declaration shall be recorded against each Phase of Development
simultaneously with the recording of the Final Plat for each Phase of
Development. The SSA, as defined in Paragraph 21 of this Agreement, shall
be utilized by the CITY to carry out the Secondary Responsibility, as defined
in said Paragraph 21, to fund the cost of maintaining the Common Facilities.
C. DEVELOPER agrees to conform its Final Engineering and Final Plats to
provide the buffering and screening agreed to between DEVELOPER and
the adjoining OWNER of the subject property.
D. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County
"Right to Farm Statement" language attached hereto as Exhibit"L" on each
Final Plat of Subdivision.
4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations
from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto
have been requested, approved and are permitted with respect to the development,
construction, and use of the Chally Property ("Permitted Variations").
5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER
agree that any extension and/or construction of these utilities and public improvements
shall be performed in accordance with existing CITY subdivision regulations as varied by
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this Agreement, and such work and the cost thereof shall be the sole responsibility of
DEVELOPER, except as otherwise provided in this Agreement:
A. Sanitary Sewer Facilities. DEVELOPER shall cause the Chally Property, or
such developable portions thereof as may be appropriate, 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. The installation of sanitary sewer lines
to service the Chally 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 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, 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 Chally Property. 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 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 smaller than fifteen 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.
DEVELOPER agrees to prepay certain fees necessary to construct
and upgrade certain off-site sanitary sewer improvements. DEVELOPER
shall pay at the time of recording the Final Plat for the first phase of the
Highland Subdivision the following fees for the entire subdivision:
Annexation fee to the Yorkville Bristol Sanitary District $
YBSD interceptor fee 154 acres @ $
0.0
0
CITY Sanitary Sewer Fee units @ $
CITY River Crossing Fee units @
The DEVELOPER shall have a right of Recapture, in accordance with the
provisions of this agreement, for the portion of the costs it will have paid
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which exceeds its proportionate share of such costs of the identified service
area as set out in the Recapture Agreement. The DEVELOPER recapture
costs for sewer shall be repaid by CITY by use of the user fee which it
collects in the CITY utility bill (currently$108.00 per year per unit) from units
with the Chally Subdivision until the costs and any accrued interest is repaid
to DEVELOPER.
B. Water Facilities. The CITY represents that the water distribution system of
the CITY currently has and the CITY will reserve sufficient capacity to service
the Chally Property with potable water for domestic water consumption and
fire flow protection, if the Chally Property is developed in accordance with
this Agreement. The CITY further agrees, following acceptance by the CITY
of the public improvements constructed within the Chally Property, to
maintain said water distribution system to and within the Chally Property.
The CITY further agrees to cooperate with OWNER 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 Chally Property to be served with potable water
and fire flow protection. In addition, 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 of the CITY. Location and size
of the water lines to be installed by DEVELOPER shall be in substantial
conformity with the Preliminary Engineering, subject to review and approval
of Final Engineering for each Phase of Development. The CITY agrees that
it shall, without cost to DEVELOPER, extend its existing water main to the
Chally Subdivision. DEVELOPER shall connect the Chally Property to the
CITY water supply system in accordance with the approved engineering.
The CITY shall, at its expense, procure sufficient temporary construction and
permanent utility easements adjacent to the northerly right-of-way line for
route 71 ("Offsite Water Easements") to enable the CITY to construct the
Offsite Water Extension in a timely manner to provide water service to the
Chally Property. The CITY shall exercise good faith and due diligence to
complete the development shall be as provided by ordinance for all
properties in the CITY, except as otherwise provided herein. DEVELOPER
agrees to prepay the CITY's water connection fee of$ per unit to the
total number of permits for which the CITY will commit to provide water
service prior to completion of the construction of the water tower on site.
C. Storm Water Facilities.
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1. DEVELOPER shall provide for storm water drainage and the
retention/detention thereof upon and from the Chally Property, in
substantial conformity with the Preliminary Engineering, subject to
review and approval of Final Engineering for each Phase of
Development, in the following manner:
a. Installation of underground sewers within that part of the Chally
Property to be developed and improved with buildings,
structures, streets, driveways, and other locations as identified
on the Preliminary Engineering, which improvements shall be
conveyed to the CITY and thereafter owned and maintained by
the CITY.
b. Installation of graded, open swales or ditches and storm water
retention/detention areas as depicted on the Preliminary
Engineering within that part of the Chally Property designated
on the Preliminary Engineering for such purpose, subject to
review and approval of Final Engineering for each Phase of
Development.
2. The CITY, for the full term of this Agreement, 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 existing
ordinances of the CITY.
D. 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 Chally Property in substantial conformity
with the Final Engineering as approved for each Phase of Development and
the applicable provisions of the Subdivision Regulations of 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 Chally Property pursuant to the approved Final Engineering for
each Phase of Development 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. The CITY shall accept the ownership and maintenance
responsibility of the portions of the Trail System/Bike Path, constructed in
accordance with the Final Plat and Final Engineering, located in the public
right of way.
6. SECURITY INSTRUMENTS.
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A. Posting Security. DEVELOPER shall deposit, or cause to be deposited,with
the CITY such irrevocable letters of credit, contractor's performance bonds or
surety bonds ("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 the CITY. The amount and duration of each Security
Instrument shall be as required by applicable ordinances of the 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 "F", attached hereto. The
CITY Council, pursuant to recommendation by the CITY Engineer, shall from
time to time approve a reduction or reductions in the Security Instruments by
an amount not in excess of ninety percent(90%) of the value certified by 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 the
CITY prior to the recordation of the Final Plat for each Phase of
Development.
B. Release of Underground. Upon completion and inspection of underground
improvements in each Phase of Development; and acceptance by the 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 the CITY, in conformance with the CITY Subdivision Control
Ordinance.
C. Release of Streets. Upon completion of street and related road
improvements in each Phase of Development; and acceptance by the 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 the CITY, in conformance with the City Subdivision Control
Ordnance.
D. Transfer and Substitution. Upon the sale or transfer of any portion of the
Chally Property, DEVELOPER shall be released from the obligations secured
by its Security Instruments for public improvements upon the submittal and
acceptance by the CITY of a substitute Security Instrument approved by the
CITY, securing the costs of the improvements set forth therein by the
proposed DEVELOPER.
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7. 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 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 for each Phase of
Development 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
submission of the as built plans.
8. 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 Chally Property and its development for a period of five
(5) years from the date of this Agreement. Any Agreements, repeal, or additional
regulations which are subsequently enacted by the CITY shall not be applied to the
development of the Chally Property except upon the written consent of DEVELOPER
during said five (5) year period. After said five (5) year period, the Chally 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 Chally Property, alter or
eliminate any of the ordinance variations provided for herein, nor result in any subdivided
lot or structure constructed within the Chally 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 Chally Property pursuant to the express and specific mandate of any
superior governmental authority, such ordinance or regulation shall apply to the Chally
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 Chally Property shall be given full
force and effect.
9. BUILDING CODE. The building codes for the CITY in effect as of the date of
this Agreement are as set forth in Exhibit"G". Notwithstanding the provisions of Paragraph
8 of this Agreement, all national Agreements, deletions, or additions to the building codes
of the CITY pertaining to life/safety considerations adopted after the date of this
Agreement, shall be applicable to the Chally Property upon the expiration of the twelfth
(12th) month following the effective date of such Agreement, deletion, or addition, whether
during the five (5) years next following the date of this Agreement, or any time thereafter,
except as to those items expressly provided for in Section III of Exhibit"E"attached hereto.
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10. FEES AND CHARGES. During the first five years following the date of this
Agreement, the CITY shall impose upon and collect from the OWNER 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 the CITY.
11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to
donate any land or money to the CITY, or any other governmental body, except as
otherwise expressly provided in this Agreement.
12. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER 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,
Recreation Department ("Recreation Department") for the estimated impact which is
projected to be experienced by said districts as a result of the development of the Chally
Property in the manner provided for under this Agreement:
A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of
land to the CITY for school purposes ("School Contribution"). The total
land area required for contribution pursuant to applicable ordinances of the
CITY, based upon the Preliminary Plat, is acres. The school
contribution shall be paid by a cash contribution in accordance with the CITY
ordinances made at time of conveyance of the school site to the School
District. The DEVELOPER has agreed to pay a transition fee to the School
District in the amount of$3,000.00 per unit. The fee will be paid at the rate
of $3,000 per unit on a per-building permit basis as building permits are
issued. The method of payment will be in accordance with the CITY'S current
procedure. This procedure is for the Builder for a home to pay the fee for
that unit to the School District directly and receive a receipt from the School
District for the unit paid and then for this receipt to be presented by the
Builder to the CITY prior to the issuance of a building permit for that unit, on
a lot by lot basis. Said fees are being paid voluntarily and with the consent of
OWNER and DEVELOPER based upon this contractual agreement
voluntarily entered into between the parties after negotiation of this
Agreement. OWNER AND DEVELOPER knowingly waives any claim or
objection as to amount of the specific fees negotiated herein voluntarily.
B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of
land only to the CITY for park purposes ("Park Contribution"). The total
land area required for contribution for park purposes pursuant to applicable
ordinances of the CITY, based upon the Preliminary Plat, is acres.
OWNER or DEVELOPER shall cause fee title to no less than acres of
land located in Parcels and _, as identified on the Preliminary Plat
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("Park Site") to be conveyed to the CITY, or to such other entity as the CITY
shall direct in writing, in partial satisfaction of the Park Contribution. The
balance of any park contribution shall be paid by a cash contribution in
accordance with the CITY ordinances made at time of conveyance of the
park site to the CITY. The Park Site shall be conveyed in such manner and
at such time as required by applicable ordinances of the CITY. Prior to
conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed
and prepare the Park Site in conformity with the Final Engineering.
C. The following fee shall be paid to the CITY for each unit:
Development fees.
Public works $700
Police $300
Building $150
Library $500
Engineering $100
Bristol/Kendall Fire $1,000
Total $2,750
Unless otherwise provided in this Agreement, said development, transition,
impact, and other fees shall be paid per individual residential dwelling unit
concurrent with the building permit application for that particular residential
dwelling unit.
13. PROJECT SIGNS. Following the date of this Agreement and through the
date of the issuance of the final occupancy permit for the Chally Property, DEVELOPER
shall be entitled to construct, maintain and utilize up to three (3) offsite subdivision
identification, marketing and location signs at such locations within or without the
corporate limits of the CITY as 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, subject to the requirements of any permitting
authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the
Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage
upon the Chally Property as identified in Exhibit "H", attached hereto.
14. MODEL HOMES/PRODUCTION UNITS. During the development and build
out period of the Chally Property (subsequent to final plat approval), DEVELOPER, and
such other persons or entities as DEVELOPER may authorize, may construct, operate
and maintain model homes within the Chally Property staffed with DEVELOPER's, or such
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other person's or entity's, sales and construction staff, and may be utilized for sales and
construction offices. The number of such model homes and the locations thereof shall be
as from time to time determined or authorized by DEVELOPER. No off-street parking
shall be required for any model home other than the driveway for such model home
capable of parking two(2) cars outside of the adjacent road right-of-way. Building permits
for model homes, and for up to fifteen (15) production dwelling units, shall be issued by
the CITY upon proper application therefore prior to the installation of public improvements
(provided a gravel access road is provided for emergency vehicles, upon submission of a
hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District.) Prior to
issuance of occupancy permits of model homes,water shall be made available within 300'
of homes. There shall be no occupation or use of any production dwelling units until the
binder course of asphalt on the street, the water system and sanitary sewer system
needed to service such dwelling unit are installed and operational. DEVELOPER may
locate temporary sales and construction trailers upon the Chally 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
Chally Property or upon the occupancy of model homes within the Chally Property,
whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall
submit an exhibit of the model trailer site with landscaping and elevations for the Cities
approval. The parking lot must have a hard surface before occupancy is permitted.
DEVELOPER hereby agrees to indemnify, defend and hold harmless the 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. DEVELOPER shall be permitted to obtain building permits in the same
manner for additional model homes and for initial production dwelling units in each Phase
of Development as the Final Plat and Final Engineering for each such Phase of
Development is approved by the CITY. The foregoing indemnification provision shall, in
such case, apply for the benefit of Indemnitees for each Phase of Development.
15. CONTRACTORS TRAILERS. 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 Chally Property as required and approved by
DEVELOPER for development purposes. Said trailers may remain upon the Chally
Property until the issuance of the last final occupancy permit for the Chally Property.
16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public
improvements is hereafter requested and properly authorized by the CITY for the Chally
Property, and agreed to by DEVELOPER, for any of the public improvements constructed
to develop the Chally Property for the purpose of serving property other than the Chally
Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A.
hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the
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OWNER 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.
17. 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 the CITY require that any part of the Chally Property be designated for public
purposes, except as otherwise provided in this Agreement or identified on the Preliminary
Plat.
18. RECAPTURE AGREEMENTS.
A. Benefiting the Chally Property. The CITY agrees that in accordance with
Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes, 2002
Edition, at the request of the DEVELOPER, the CITY shall enter into
agreements for recapture ("Recapture Agreement") with DEVELOPER
providing for the recapture by DEVELOPER of a portion of the cost of
certain improvements as identified on Exhibit "I" attached hereto
("Recapture Improvements"), constructed by DEVELOPER which the CITY
has determined may be used for the benefit of property ("Benefited
Property") not located within the Chally Property which connect to said
improvements. The Benefited Property is identified on said Exhibit "I"
attached hereto. Each Recapture Agreement shall be substantially in the
form as attached hereto and made a part hereof as Exhibit "J".
B. Encumbering the Chally 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 Chally
Property which the CITY has any knowledge of or under which the CITY is or
will be required to collect recapture amounts from OWNER, DEVELOPER, or
their successors, upon connection of the Chally Property to any of such
public utilities, nor does the CITY have any knowledge of a pending or
contemplated request for approval of any such recapture agreement or
ordinance which will effect the Chally Property.
19. SPECIAL SERVICE AREA.
A. Establishment and Purpose. OWNER and DEVELOPER and their
respective successors, assignees and grantees, shall not object to and agree
to cooperate with the CITY in establishing a special service area ("SSA") for
the Chally Property to be utilized as a primary funding mechanism for the
care and maintenance of the Common Facilities. Subject to the provisions of
Paragraph 19.B. of this Agreement, the CITY shall provide for the regular
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care, maintenance, renewal and replacement of the Common Facilities
("Common Facilities Maintenance"), including, without limitation, the
mowing and fertilizing of grass, pruning and trimming of trees and bushes,
removal and replacement of diseased or dead landscape materials, the
maintenance of storm water detention, retention, ponds and the repair and
replacement of fences and monument signs, so as to keep the same in a
clean, sightly and first class condition, and shall utilize the SSA to provide
sufficient funds to defray the costs, including administrative costs not to
exceed one hundred and fifteen percent(115 %)of such maintenance costs,
thereby reasonably incurred by the CITY and to establish reserve funds for
future repairs and replacements as reasonably determined by the CITY to be
appropriate. The CITY, through and under the SSA, shall have the primary
responsibility and duty to carry out the Common Facilities Maintenance
("Primary Responsibility"). The SSA shall provide for the authority of the
CITY to levy up to one dollar and ten cents ($.50) per $100.00 of assessed
valuation ("Rate Cap") to fund the payment of the aforesaid costs and
expenses. In the event the CITY is prevented by law from collecting funds
under the SSA in the manner contemplated herein, a Homeowners
Association established by DEVELOPER or the CITY, as the case may be,
pursuant to the terms of the Declaration shall assume full responsibility for
carrying out and paying for, through assessments levied against all dwelling
units in the Chally Property, the Common Facilities Maintenance
("Secondary Responsibility"). Subject to the provisions of Paragraph 19.B.
of this Agreement, the Common Facilities shall be conveyed to and owned
by the CITY so long as the SSA remains in force and effect. In the event the
Common Facilities Maintenance is subsequently transferred to the
Homeowners Association, the CITY may elect to convey all or a portion of
the Common Facilities to the Homeowners Association. In any event, a
maintenance easement ("Common Facilities Maintenance Easement")
shall be established over all of those Common Facilities located on the Final
Plat for each Phase of Development in favor of the CITY and any future
Homeowners Association which undertakes responsibility for the Common
Facilities Maintenance. The substance of the Common Facilities
Maintenance Easement shall be as approved by legal counsel for the CITY
and DEVELOPER, which approvals shall not be unreasonably withheld.
B. Implementation. Anything contained in Paragraph 19.A. of this Agreement to
the contrary notwithstanding, up to the issuance by the CITY of eighty-five
percent (85%) of the occupancy permits for the entirety of the Chally
Property ("Initial Build-Out Period") the Common Facilities shall be owned
or controlled by DEVELOPER and the Common Facilities Maintenance shall
be carried out by or under the direction of DEVELOPER. DEVELOPER shall
cause a declaration of covenants, conditions and restrictions("Declaration")
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to be recorded against the Chally Property, either in its entirety or
incrementally with each Phase of Development, which shall provide, among
other things, for the establishment of an association of all lot owners within
the Chally Property("Association")and the mandatory membership of all lot
owners in the Association. The cost of carrying and administering the
Common Facilities Maintenance during the Initial Build-Out Period shall be
paid through assessments levied by the DEVELOPER through the
Association against the members of the Association, with any annual
shortfall in the monies thereby generated funded by DEVELOPER. At the
end of the Initial Build-Out Period, which shall automatically occur upon the
issuance of eighty-five percent (85%) of the occupancy permits for all of the
dwelling units approved hereunder for development within the Chally
Property, the Common Facilities shall be conveyed to the CITY and the CITY
shall accept title to the Common Facilities, provided DEVELOPER has
properly carried out the Common Facilities Maintenance prior thereto.
Ownership of the Common Facilities including the open space areas,
depicted on the Preliminary Plan as parcels and shall be at time
of turnover conveyed to the Association. The CITY shall thereafter carry out
the Common Facilities Maintenance utilizing the SSA for the funding thereof,
as provided in Paragraph 21.A. of this Agreement. DEVELOPER shall have
no further liability or responsibility for the Common Facilities Maintenance
following the end of the Initial Build-Out Period. The SSA shall expressly
provide for the deferral of its implementation in conformity with the provisions
of this Paragraph 19.B.
C. Improvements Special Service Area (SSA or SSA). CITY, OWNER and
DEVELOPER and their respective successors, assignees and grantees,
agree to cooperate in establishing a special service area ("SSA") for the
Chally Property to be utilized as a primary funding mechanism for the funding
of certain eligible infrastructure costs in accordance with the CITY's Special
Tax Bond Policy attached as exhibit "M".
20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the
development of the Chally Property DEVELOPER determines that any existing utility
easements and/or lines require relocation to facilitate development of the Chally Property in
accordance with the Preliminary Plat, 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 the CITY as a part of the
development of the Chally Property is subsequently determined to be in error or located in
a manner inconsistent with the intended development of the Chally Property as reflected
on the Preliminary Plat and in this Agreement, the 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
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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.
21. 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, DEVELOPER shall obtain all offsite easements necessary for
the development of such portion of the Chally Property in accordance with the Preliminary
Plans. In the event an offsite easement is required which was not contemplated in the
Preliminary Plans due to a change in circumstances, and in the event DEVELOPER is
unable to acquire such necessary offsite easement, the CITY shall exercise its power of
eminent domain to acquire the same, provided DEVELOPER shall pay the reasonable
costs incurred by the CITY as a result thereof. DEVELOPER shall deposit the amount of
such costs reasonably estimated by the CITY into a segregated, interest bearing escrow
account prior to the commencement of such eminent domain proceedings by the CITY.
Such funds shall be utilized solely to defray such costs and all funds, including interest,
remaining in such escrow upon completion of such proceedings shall be refunded to
DEVELOPER.
22. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER
shall develop the Chally Property as a subdivision to be commonly known as Chally
Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY
in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER
of said property, petition to disconnect any portion or all of said property from the CITY.
23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be
in conflict with the provisions of this Agreement.
24. ANNEXATION FEE. The CITY hereby confirms and agrees that no
annexation fee shall become due or payable as a result of the development and build-out
of the Chally Property as a result of the prior annexation of said property to the CITY. The
CITY hereby waives all current and future annexation fees now or hereafter required under
any ordinances of the CITY with respect to the Chally Property, except as otherwise
provided in this Agreement.
25. GENERAL PROVISIONS.
A. 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.
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B. 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 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 terms 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 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 OWNER
and/or DEVELOPER: Wyndham Deerpoint Homes
605 Lindsay Circle
North Aurora, IL. 60542
Attn: Richard M. Guerard
Fax: (630) 966-1006
with a copy to: Guerard, Kalina & Butkus
100 W. Roosevelt Road
Wheaton, IL 60187
Attn: Richard M. Guerard
Fax: (630) 690-9652
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(ii) If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, II 60560
Fax: (630) 553-8330
with a copy to: John Wyeth, Esq.
Suite 380C
300 E. 5th Avenue
Naperville, 11 60563-3181
Fax: (630) 355-4390
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 (1998 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 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 Chally 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 the CITY Code and Illinois Compiled
Statutes. This Agreement may be amended by the CITY and the OWNER of
record of a portion of the Chally Property as to provisions applying
exclusively thereto, without the consent of the OWNER of other portions of
the Chally Property not effected by such Agreement.
G. Conveyances. Nothing contained in this Agreement shall be construed to
restrict or limit the right of the OWNER or DEVELOPER to sell or convey all
or any portion of the Chally Property, whether improved or unimproved.
H. 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 Chally 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
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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 the CITY and
DEVELOPER/OWNER.
J. 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.
J. Recording. This Agreement shall be recorded in the Office of the Recorder
of Deeds, Kendall County, Illinois, at DEVELOPER's expense.
K. 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.
L. 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.
M. No Moratorium. The CITY shall not limit the number of building or other
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 affect any limitations imposed as to sanitary
sewer or water main extensions by the Illinois Environmental Protection
Agency, or Yorkville-Bristol Sanitary District.
N. Highway 71. DEVELOPER agrees to comply and pay the cost of compliance
with all State requirements with regard to entrances into the development
from State Highways7l.
O. 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.
P. 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
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required or imposed by any other governmental bodies or agencies having
jurisdiction over the Chally Property, the CITY, the DEVELOPER, or
OWNER, including, but not limited to, county, state or federal regulatory
bodies.
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 & OWNER: CITY:
JW & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an
an Illinois limited liability company Illinois municipal corporation
by Wyndham Deerpoint Homes, Inc.,
Managing Member
By: By:
Mayor
Title: President
Attest:
Dated: CITY Clerk
Dated:
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LIST OF EXHIBITS
EXHIBIT "A": Legal Description of Chally Property
EXHIBIT "B": Depiction and Legal Descriptions of Zoning Parcels
EXHIBIT "C": Preliminary Plat of Subdivision
EXHIBIT "C-1": Preliminary Landscape Plan
EXHIBIT "D": Preliminary Engineering
EXHIBIT "E": ` Permitted Variations and Design Standards
EXHIBIT "F": Form Letter of Credit
EXHIBIT "G":Current CITY Building Codes
EXHIBIT "H": Project Signage
EXHIBIT "I": Recapture Improvements
EXHIBIT "J": Recapture Agreement
EXHIBIT "L": Right to Farm Disclosure Statement for Final Plats
EXHIBIT "K" Yorkville Community Unit District 115 letter
EXHIBIT "M" Special Tax Bond Policy
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EXHIBIT "A"
LEGAL DESCRIPTION OF HIGHLAND'S PROPERTY
ADDRESS OF CHALLY PROPERTY
Vacant land Northeast of Route 71 and Pavillion Road, Kendall County, II.
P.I.N. NUMBERS
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EXHIBIT "B"
DEPICTION AND LEGAL DESCRIPTIONS OF ZONING
I. Depiction of Zoning: See page B-2
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EXHIBIT "C"
PRELIMINARY PLAT OF SUBDIVISION
(See following page)
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EXHIBIT "C-1"
PRELIMINARY LANDSCAPE PLAN
(See following pages)
X-1-1
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EXHIBIT "D"
PRELIMINARY ENGINEERING
(See following page)
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EXHIBIT "E"
PERMITTED VARIATIONS AND DESIGN STANDARDS
I. Permitted Variations to Zoning Ordinance:
A. Section 12.15.5: Sign Code
1. Increase sign face area and height standards to comply with the
standards set forth in Exhibit "H" attached hereto
II. Permitted Variations to Subdivision Ordinance:
III. Permitted Variations to Building Code:
IV. Permitted Variations for Signage:
The provisions of the Zoning Ordinance are hereby varied as necessary and
appropriate to permit the construction and use of those signs as identified in
Paragraph 13 of this Agreement and in Exhibit "H" attached hereto
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EXHIBIT "F"
FORM LETTER OF CREDIT OR SURETY BOND
(See following page)
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EXHIBIT "G"
CURRENT CITY BUILDING CODES
1. BOCA 1999
2. Illinois State Plumbing Code
3. National Electric Code 1999
4. International Building Code 2000
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EXHIBIT "H"
PROJECT SIGNAGE
Onsite Project Identification Signs:
1. Number: 4
2. Maximum Height: 20 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 200 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
II. Onsite Model Home Signs:
1. Number: 1 sign for each model home
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
III. Onsite Directional and Information Signs:
1. Number: No maximum number
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 16 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
IV. Onsite Sales or Marketing Signs/Flags:
1. Number: 12
2. Maximum Height: 10 feet
3. Maximum Sign Faces per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Location: As from time to time determined by DEVELOPER
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V. Permanent Entry Monument Signs:
Permanent entry monument signs and treatments shall be permitted in
compliance with applicable provisions of the CITY Sign Ordinance and Subdivision
Ordinance, or as otherwise approved by the CITY Council or Building and Zoning
Officer upon request by DEVELOPER.
VI. Other Signs:
In addition to those permitted signs as identified in this Exhibit "H", DEVELOPER
shall further have the right to from time to time install and utilize such other signage
upon the Chally Property as otherwise permitted pursuant to the provisions of
applicable ordinances of the CITY.
H-1
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EXHIBIT "I"
RECAPTURE IMPROVEMENTS
1. To be determined.
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EXHIBIT "J"
RECAPTURE AGREEMENT
(See following six pages)
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Guerard, Kalina & Butkus
Richard M. Guerard
100 W. Roosevelt Road
Wheaton, IL 60187
RECAPTURE AGREEMENT
THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the
day of , 200_, by and between the UNITED CITY OF YORKVILLE, an
Illinois municipal corporation ("CITY") and JW & WD DEVELOOPMENT, L.L.C., an
Illinois limited liability company ("DEVELOPER").
RECITALS:
A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate
development located within the corporate limits of the CITY and commonly known as
Chally Crossing Subdivision ("Subdivision").
B. • DEVELOPER and the CITY have heretofore entered into that certain
Annexation Agreement dated , 2005 ("Annexation Agreement")
pertaining to the annexation and development of the Subdivision within the CITY.
C. DEVELOPER desires to recapture an allocable share of the costs of
constructing certain of the public improvements for the Subdivision ("Recapture Items")
which will provide benefit to other properties ("Benefitted Properties") from the
OWNERs of the Benefitted Properties ("Benefitted OWNERs").
D. DEVELOPER and the CITY are desirous of entering into this Agreement
to provide for the fair and allocable recapture by DEVELOPER of the proportionate
costs of the Recapture Items from the Benefitted OWNERs, subject to the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants hereinafter set forth, and for other good and valuable consideration, the
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receipt and sufficiency of which are hereby acknowledged by the parties hereto, the
parties hereby agree as follows:
1. RECAPTURE ITEMS. The Recapture Items, being elements of the public
improvements to be constructed as a part of the development of the Subdivision, are
identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture
Schedule identifies each Recapture Item and the estimated cost to construct each
Recapture Item ("Estimated Cost"). DEVELOPER shall cause each of the Recapture
Items to be constructed in compliance with the provisions of the Annexation Agreement
and to be accepted and conveyed to the CITY in accordance with applicable
ordinances of the CITY.
2. BENEFITTED PROPERTIES. The Benefitted Properties are legally described in
the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate
contained within the Benefitted Properties is referred to herein individually as a
"Benefitted Parcel". There are a total of ( ) Benefitted Parcels as
identified in the Recapture Schedule.
3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities
of the CITY have determined will benefit a Benefitted Parcel, and the prorata share of
the Estimated Cost of each such Recapture Item to be allocated to such Benefitted
Parcel are set forth in the Recapture Schedule. The aggregate amount of the
proportionate share of the Estimated Cost for each of the Recapture Items allocable to
a Benefitted Parcel is referred to herein as the "Recapture Costs". The Recapture
Costs for each of the Benefitted Parcels shall be as identified in the Recapture
Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER
at the rate of six percent (8 %) per annum from the date the Recapture Item is
completed by DEVELOPER until the Recapture Cost is paid. All references to
Recapture Costs herein shall include accrued interest owed thereon.
4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and
collect from the Benefitted OWNER of a Benefitted Parcel, or any portion thereof, his
successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this
Agreement for such Benefitted Parcel. At such time as a Benefitted OWNER, or its
agent or representative, annexes and/or subdivides a Benefitted Parcel, or any portion
thereof, or subdivides the Benefitted Parcel from a larger parcel of land, or applies to
the CITY for issuance of a permit for connection to all or any of the Recapture Items,
whichever shall first occur, the CITY shall collect from such Benefitted OWNER, or its
agent or representative, the applicable Recapture Costs, owed hereunder by such
Benefitted Parcel. No Benefitted Parcel which is a part of a subdivision (whether by plat
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or division by deed) shall be approved or recognized by the CITY or be issued a
connection permit to a Recapture Item by the CITY until such Benefitted Parcel has
fully paid the applicable Recapture Costs, owed by such Benefitted Parcel under this
Agreement.
5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the
CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person
or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30)
days following collection thereof by the CITY. It is understood and agreed that the
CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the
Benefitted OWNERs as provided herein, and payments made hereunder shall be made
solely out of said funds. This Agreement shall not be construed as creating any
obligation upon the CITY to make payments from its general corporate funds or
revenue.
6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall
make all reasonable efforts to make the aforesaid collections of the Recapture Costs,
for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any
manner for the failure to make such collections, and DEVELOPER agrees to hold the
CITY, its officers, employees and agents, harmless from the failure to collect said fees.
In any event, however, DEVELOPER and/or the CITY may sue any Benefitted
OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event
DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in
DEVELOPER's collection attempts hereunder by allowing full and free access to the
CITY's books and records pertaining to the subdivision and/or development of the
Benefitted Parcel and the collection of any Recapture Costs therefor. In the event the
CITY and any of its agents, officers or employees is made a party defendant in any
litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such
litigation, including the interest of the CITY, and shall further release and hold the CITY
harmless from any judgment entered against DEVELOPER and/or the CITY and shall
further indemnify the CITY from any loss resulting therefrom, except to the extent such
loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or
any of its agents, officers or employees.
7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in
this Agreement shall limit or in any way affect the rights of the CITY to collect other fees
and charges pursuant to CITY ordinances, resolutions, motions and policies. The
Recapture Costs provided for herein for each Benefitted Parcel is in addition to such
other CITY fees and charges.
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8. TERM. This Agreement shall remain in full force and effect for a period of twenty
(20) years from the date hereof, unless sooner terminated by the mutual agreement of
the parties hereto or by the completion of all duties to be performed hereunder. In the
event no portion of a Benefitted Parcel is a part of a subdivision approved or recognized
by the CITY and no connection permit as aforesaid is issued by the CITY for such
Benefitted Parcel within ten years following the date of this Agreement, this Agreement,
and each and every duty and undertaking set forth herein pertaining to such Benefitted
Parcel, shall become null and void and of no further force and effect as to such
Benefitted Parcel.
9. LIEN. The recordation of this Agreement against the Benefitted Properties shall
create and constitute a lien against each Benefitted Parcel, and each subdivided lot
hereafter contained therein, in the amount of the Recapture Costs, plus interest,
applicable hereunder to such Benefitted Parcel.
10. MISCELLANEOUS PROVISIONS.
A. Agreement: This Agreement may be amended upon the mutual consent
of the parties hereto from time to time by written instrument and conformity with
all applicable statutory and ordinance requirements and without the consent of
any other person or corporation owning all or any portion of the Benefitted
Properties.
B. Binding Effect: Except as otherwise herein provided, this Agreement shall
inure to the benefit of and be binding upon the successors and assigns of
DEVELOPER and any successor municipal corporation of the CITY.
C. Enforcement: Each party to this Agreement, and their respective
successors and assigns, may either in law or in equity, by suit, action,
mandamus, or other proceeding in force and compel performance of this
Agreement.
D. Recordation: A true and correct copy of this Agreement shall be
recorded, at DEVELOPER's expense, with the Kendall County Recorder's office.
This Agreement shall constitute a covenant running with the land and shall be
binding upon the Benefitted Properties in accordance with the terms and
provisions set forth herein.
E. Notices: Any notice required or desired to be given under this Agreement,
unless expressly provided to the contrary herein, shall be in writing and shall be
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deemed to have been given on the date of personal delivery, on the date of
confirmed telefacsimile transmission provided a hard copy of such notice is
deposited in the U.S. mail addressed to the recipient within twenty-four hours
following the telefacsimile transmission, or on the date when deposited in the
U.S. Mail, registered or certified mail, postage prepaid, return receipt requested,
and addressed as follows:
If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, II 60560
Fax: (630) 553-8330
with a copy to: John Wyeth, Esq.
Suite 380C
300 E. 5th Avenue
Naperville, II 60563-3181
Fax: (630) 355-4390
If to OWNER JS &WD Development, L.L.C.
and/or DEVELOPER: 605 Lindsay Circle
North Aurora, IL. 60542
Attn: Mary E. Krasner
Fax: (630) 966-1006
with a copy to: Guerard, Kalina & Butkus
100 W. Roosevelt Road
Wheaton, IL 60187
Attn: Richard M. Guerard
Fax: (630) 690-9652
F. Severability: The invalidity or unenforceability of any of the
provisions hereof, or any charge imposed as to any portion of the Benefitted Properties,
shall not affect the validity or enforceability of the remainder of this Agreement or the
charges imposed hereunder.
G. Complete Agreement: This Agreement contains all the terms and
conditions agreed upon by the parties hereto and no other prior agreement, excepting
the Annexation Agreement, regarding the subject matter of this Agreement shall be
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deemed to exist to bind the parties. This Agreement shall be governed by the laws of
the State of Illinois.
H. Captions and Paragraph Headings: Captions and paragraph
headings incorporated herein are for convenience only and are not part of this
Agreement, and further shall not be used to construe the terms hereof.
I. Recitals and Exhibits: The recitals set forth at the beginning of this
Agreement and the exhibits attached hereto are hereby incorporated into this
Agreement and made a part of the substance hereof.
J. Enforceaibility: This Agreement shall be enforceable in the Circuit
Court of Kendall County by any of the parties hereto by an appropriate action of law or
in equity to secure the performance of the covenants herein contained.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
as of the date first above written.
DEVELOPER: CITY:
W & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an
an Illinois limited liability company Illinois municipal corporation
by Wyndham Deerpoint Homes, Inc.,
Managing Member
By: By:
Mayor
Title: President
Attest:
Dated: CITY Clerk
Dated:
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EXHIBIT "K"
Yorkville Community Unit District 115.
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EXHIBIT "L"
Special Tax Bond Policy
A-1
i,J)1 � � . --11(6v Inc\
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
John Wyeth
800 Game Farm Road HAFT
Yorkville, Illinois 60560
630.553.4350
ANNEXATION AGREEMENT AND
DEVELOPMENT AGREEMENT
(The Anderson/Yorkwood Estates Subdivision)
THIS AMENDMENT TO ANNEXATION AGREEMENT, ANNEXATION
AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is
made and entered as of the day of , 2006, by and between JW & WD
DEVELOPMENT, L.L.C., an Illinois limited liability company("Owner") and ("Developer"),
and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing
under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and
Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes
hereinafter referred to individually as a "Party" and collectively as the "Parties".
RECITALS:
A. OWNER is the OWNER of record of those certain parcels of real estate
legally described on Exhibit "A" attached hereto ("Anderson Property").
B. The Owner desires to annex the Property to the City upon terms and
conditions recited in this agreement.
C. The Owner, after full consideration, recognizes the many advantages and
benefits resulting from the annexation of the Property to the City.
D. The OWNER desires to annex additional property on exhibit A to the City for
the purposes of developing one contiguous development known as the Anderson
Subdivision (approximately 178.3 acres).
E. DEVELOPER desires to proceed with the development thereof for residential
use in accordance with the terms and provisions of this Agreement.
F. The property is not included within the corporate limits of any municipality.
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G. DEVELOPER proposes that a portion of the Anderson Property as legally
described and depicted in Exhibit"B"attached hereto ("R-2 Parcel") be rezoned under the
R-2 One-Family Residence District, provisions of the City Zoning Ordinance ("Zoning
Ordinance"), Residence District.
H. All public hearings, as required by law, have been duly held by the
appropriate hearing bodies of the City upon the matters covered by this Agreement.
I. The City and DEVELOPER have given all appropriate notices due to be given
pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code.
J. The Corporate Authorities, after due and careful consideration, have
concluded that the Agreement of the Annexation Agreement in accordance with the terms
and provisions of this Agreement, and the rezoning, subdivision and development of the
Property as provided for herein, will inure to the benefit and improvement of the City in that
it will increase the taxable value of the real property within its corporate limits, promote the
sound planning and development of the City and will otherwise enhance and promote the
general welfare of the people of the City.
K.
(i) Each party agrees that it is in the best interests of the OWNER and
DEVELOPER and the City to annex and develop the subject real property
described in the Attached Exhibit"A" 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) Each party agrees that it is in the best interest of the local governmental
bodies affected and the DEVELOPER and OWNER to provide for specific
performance standards in the development of the subject property.
(iii) Each party agrees that a substantial impact will be had on the services of the
United City of Yorkville and the Yorkville School District by development of
said real property.
(iv) The subject real property is located contiguous to the corporate boundaries
of the CITY; and not within the corporate boundaries of any other
municipality.
L. It is the desire of the CITY, DEVELOPER and OWNER that the development
and use of the Anderson 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 the CITY now in force and effect, except as otherwise provided in
this Agreement.
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M. The CITY's Plan Commission has considered the Petition, and the CITY
Council has heretofore both requested and approved the proposed land use and the
zoning of the same at the request of OWNER/DEVELOPER.
N. The OWNER/DEVELOPER and its representatives have discussed the
proposed annexation and have had public meetings with the Plan Commission and the
CITY Council, and prior to the execution hereof, notice was duly published and a public
hearing was held to consider this 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 supplement and in addition to the Petition for Zoning and Annexation
and drawings submitted therewith, including the approved Preliminary Plat of Subdivision to
be approved by the CITY Council upon the following terms and conditions and in
consideration of the various agreements made between the parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY Ordinances and applicable provisions of
the Illinois Compiled Statutes and the Illinois Constitution.
2. ZONING. As soon as reasonably practicable following the execution of this
Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary
and appropriate to rezone the Property under the R-2 One-Family Residence District and
B-2 Business District of the CITY Zoning Ordinance ("Zoning Ordinance"), One Family
Residence District with a Special Use for a Planned Unit Development. The zoning map of
the CITY shall thereupon be modified to reflect the classifications of the Anderson Property
as aforesaid.
3. SUBDIVISION OF ANDERSON PROPERTY.
A. Approval of Preliminary Plan (Preliminary Plat, Preliminary Landscaping and
Preliminary Engineering). DEVELOPER has submitted to the CITY a
preliminary plat of subdivision for the Anderson Property prepared by Land
Vision, Inc., a copy of which preliminary plat is attached hereto and made a
part hereof as Exhibit "C" ("Preliminary Plat"). DEVELOPER has also
submitted to the CITY a preliminary landscape plan for the Anderson
Property (Prepared by Gary Webber and Associates, a copy of which is
attached hereto as Exhibit "C-1" ("Preliminary Landscape Plan") and
preliminary engineering prepared by Jacob and Heffner Associates, P.C. , a
copy of which preliminary engineering is attached hereto as Exhibit "D
("Preliminary Engineering"). The Preliminary Plat, Preliminary Landscape
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Plan and Preliminary Engineering are collectively referred to as the
Preliminary Plan. Prior to execution of this Agreement, DEVELOPER has
submitted the Preliminary Plan to the Plan Commission of the CITY and said
Plan Commission has recommended approval of the Preliminary Plan as
complying with all the provisions of the Subdivision Regulations and the
Zoning Ordinance of the CITY, except for those items for which variations or
deviations have been granted, as set forth in this Agreement. In accordance
with the development concepts set forth on the Preliminary Plan, the
Anderson Property shall be developed in substantial accordance with the
one family and two family dwelling unit concepts set forth therein, with a total
boilable subdivided lot count of one family lots and acres pf
Business within the Anderson Property, subject to Final Plat and Final
Engineering review, as defined in Paragraph 3.B hereof.
The Anderson Property shall be developed in the manner and in accordance
with the development concept set forth in the Preliminary Plat, and such
development shall be in full conformance with the CITY's Zoning Ordinance,
Subdivision Regulations, Building Code, and other CITY ordinances, codes,
rules and regulations pertaining to the development of the Anderson Property
as provided in Paragraph 8 of this Agreement, except as otherwise modified
or varied pursuant to the terms of this Agreement. The engineering design
for the sanitary sewer, water, storm sewer service and the storm water
retention/detention, as well as the streets and sidewalks within, upon and
serving the Anderson Property, shall be substantially as provided in the
preliminary engineering plans attached hereto on Exhibit "D" . The
Preliminary Plat, Preliminary Landscape Plan and Preliminary Engineering
are referred to herein collectively as the "Preliminary Plan".
B. Approval of Final Plat and Final Engineering. DEVELOPER shall have the
right to develop the Anderson 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
discretion. Upon the submittal by DEVELOPER to the CITY of a final plat of
subdivision ("Final Plat"), final landscape plan ("Final Landscape Plan")and
final engineering plans ("Final Engineering") for a Phase of Development,
which substantially conform with the Preliminary Plans as to such Phase of
Development, the CITY shall promptly approve such Final Plat, 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 Plat 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
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Instruments, as defined in Paragraph 6 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". Concurrent with and prior to recording a
Final Plat the CITY's review of Final Plans for a Phase of Development,
DEVELOPER shall submit to the CITY for its review a copy of the
Declaration of Covenants, Restrictions 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 and/or the
CITY to establish an association or associations of homeowners (each a
"Homeowners Association") which shall have Primary Responsibility, as
defined in Paragraph 21 hereof, for the ownership, care and maintenance of
the common open space areas within the Anderson Property as listed in
Exhibit "K" attached hereto ("Common Facilities") and the collection of
assessments from the association members to defray the cost thereof. The
Declaration shall be recorded against each Phase of Development
simultaneously with the recording of the Final Plat for each Phase of
Development. The SSA, as defined in Paragraph 21 of this Agreement, shall
be utilized by the CITY to carry out the Secondary Responsibility, as defined
in said Paragraph 21, to fund the cost of maintaining the Common Facilities.
C. DEVELOPER agrees to conform its Final Engineering and Final Plats to
provide the buffering and screening agreed to between DEVELOPER and
the adjoining OWNER of the subject property.
D. Right to Farm Disclosure. DEVELOPER agrees to include Kendall County
"Right to Farm Statement" language attached hereto as Exhibit "L" on each
Final Plat of Subdivision.
4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations
from the CITY's ordinances, rules, and codes as set forth in Exhibit "E" attached hereto
have been requested, approved and are permitted with respect to the development,
construction, and use of the Anderson Property ("Permitted Variations").
5. UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER
agree that any extension and/or construction of these utilities and public improvements
shall be performed in accordance with existing CITY subdivision regulations as varied by
this Agreement, and such work and the cost thereof shall be the sole responsibility of
DEVELOPER, except as otherwise provided in this Agreement:
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A. Sanitary Sewer Facilities. DEVELOPER shall cause the Anderson Property,
or such developable portions thereof as may be appropriate, 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. The installation of sanitary sewer lines
to service the Anderson 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 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, 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 Anderson Property. 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 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 smaller than fifteen
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.
DEVELOPER agrees to prepay certain fees necessary to construct
and upgrade certain off-site sanitary sewer improvements. DEVELOPER
shall pay at the time of recording the Final Plat for the first phase of the
Highland Subdivision the following fees for the entire subdivision:
Annexation fee to the Yorkville Bristol Sanitary District $
YBSD interceptor fee 178.3 acres @ $
0.0
0
CITY Sanitary Sewer Fee units @ $
CITY River Crossing Fee units @
The DEVELOPER shall have a right of Recapture, in accordance with the
provisions of this agreement, for the portion of the costs it will have paid
which exceeds its proportionate share of such costs of the identified service
area as set out in the Recapture Agreement. The DEVELOPER recapture
costs for sewer shall be repaid by CITY by use of the user fee which it
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collects in the CITY utility bill (currently$108.00 per year per unit) from units
with the Anderson Subdivision until the costs and any accrued interest is
repaid to DEVELOPER.
B. Water Facilities. The CITY represents that the water distribution system of
the CITY currently has and the CITY will reserve sufficient capacity to service
the Anderson Property with potable water for domestic water consumption
and fire flow protection, if the Anderson Property is developed in accordance
with this Agreement. The CITY further agrees, following acceptance by the
CITY of the public improvements constructed within the Anderson Property,
to maintain said water distribution system to and within the Anderson
Property. The CITY further agrees to cooperate with OWNER 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 Anderson Property to be served
with potable water and fire flow protection. In addition, 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 of the CITY. Location
and size of the water lines to be installed by DEVELOPER shall be in
substantial conformity with the Preliminary Engineering, subject to review
and approval of Final Engineering for each Phase of Development. The
CITY agrees that it shall, without cost to DEVELOPER, extend its existing
water main to the Anderson Subdivision. DEVELOPER shall connect the
Anderson Property to the CITY water supply system in accordance with the
approved engineering. The CITY shall, at its expense, procure sufficient
temporary construction and permanent utility easements adjacent to the
northerly right-of-way line for route 71 ("Offsite Water Easements") to
enable the CITY to construct the Offsite Water Extension in a timely manner
to provide water service to the Anderson Property. The CITY shall exercise
good faith and due diligence to complete the development shall be as
provided by ordinance for all properties in the CITY, except as otherwise
provided herein. DEVELOPER agrees to prepay the CITY's water
connection fee of$ per unit to the total number of permits for which
the CITY will commit to provide water service prior to completion of the
construction of the water tower on site.
C. Storm Water Facilities.
1. DEVELOPER shall provide for storm water drainage and the
retention/detention thereof upon and from the Anderson Property, in
substantial conformity with the Preliminary Engineering, subject to
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review and approval of Final Engineering for each Phase of
Development, in the following manner:
a. Installation of underground sewers within that part of the
Anderson Property to be developed and improved with
buildings, structures, streets, driveways, and other locations as
identified on the Preliminary Engineering,which improvements
shall be conveyed to the CITY and thereafter owned and
maintained by the CITY.
b. Installation of graded, open swales or ditches and storm water
retention/detention areas as depicted on the Preliminary
Engineering within that part of the Anderson Property
designated on the Preliminary Engineering for such purpose,
subject to review and approval of Final Engineering for each
Phase of Development.
2. The CITY, for the full term of this Agreement, 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 existing
ordinances of the CITY.
D. 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 Anderson Property in substantial
conformity with the Final Engineering as approved for each Phase of
Development and the applicable provisions of the Subdivision Regulations of
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 Anderson Property pursuant to the approved Final
Engineering for each Phase of Development 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. The CITY shall accept the ownership and maintenance
responsibility of the portions of the Trail System/Bike Path, constructed in
accordance with the Final Plat and Final Engineering, located in the public
right of way.
6. SECURITY INSTRUMENTS.
A. Posting Security. DEVELOPER shall deposit, or cause to be deposited,with
the CITY such irrevocable letters of credit, contractor's performance bonds or
surety bonds ("Security Instruments") to guarantee completion and
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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 the CITY. The amount and duration of each Security
Instrument shall be as required by applicable ordinances of the 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 "F", attached hereto. The
CITY Council, pursuant to recommendation by the CITY Engineer, shall from
time to time approve a reduction or reductions in the Security Instruments by
an amount not in excess of ninety percent(90%) of the value certified by 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 the
CITY prior to the recordation of the Final Plat for each Phase of
Development.
B. Release of Underground. Upon completion and inspection of underground
improvements in each Phase of Development; and acceptance by the 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 the CITY, in conformance with the CITY Subdivision Control
Ordinance.
C. Release of Streets. Upon completion of street and related road
improvements in each Phase of Development; and acceptance by the 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 the CITY, in conformance with the City Subdivision Control
Ordnance.
D. Transfer and Substitution. Upon the sale or transfer of any portion of the
Anderson Property, DEVELOPER shall be released from the obligations
secured by its Security Instruments for public improvements upon the
submittal and acceptance by the CITY of a substitute Security Instrument
approved by the CITY, securing the costs of the improvements set forth
therein by the proposed DEVELOPER.
7. 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 the CITY pursuant to the provisions of the Subdivision
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Ordinance. The 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 shall adopt the
resolution accepting said public improvements not later than thirty(30) days following the
submission of the as built plans.
8. 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 Anderson Property and its development for a period of
five (5) years from the date of this Agreement. Any Agreements, repeal, or additional
regulations which are subsequently enacted by the CITY shall not be applied to the
development of the Anderson Property except upon the written consent of DEVELOPER
during said five (5) year period. After said five (5) year period, the Anderson 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 Anderson Property, alter
or eliminate any of the ordinance variations provided for herein, nor result in any
subdivided lot or structure constructed within the Anderson 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 Anderson Property pursuant to the express and
specific mandate of any superior governmental authority, such ordinance or regulation shall
apply to the Anderson 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 Anderson
Property shall be given full force and effect.
9. BUILDING CODE. The building codes for the CITY in effect as of the date of
this Agreement are as set forth in Exhibit"G". Notwithstanding the provisions of Paragraph
8 of this Agreement, all national Agreements, deletions, or additions to the building codes
of the CITY pertaining to life/safety considerations adopted after the date of this
Agreement, shall be applicable to the Anderson Property upon the expiration of the twelfth
(12th) month following the effective date of such Agreement, deletion, or addition, whether
during the five (5) years next following the date of this Agreement, or any time thereafter,
except as to those items expressly provided for in Section III of Exhibit"E"attached hereto.
10. FEES AND CHARGES. During the first five years following the date of this
Agreement, the CITY shall impose upon and collect from the OWNER and/or
DEVELOPER, and their respective contractors and suppliers, only those permit, license,
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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 the CITY.
11. CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to
donate any land or money to the CITY, or any other governmental body, except as
otherwise expressly provided in this Agreement.
12. OWNER'S/DEVELOPER'S CONTRIBUTIONS. OWNER 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,
Recreation Department ("Recreation Department") for the estimated impact which is
projected to be experienced by said districts as a result of the development of the
Anderson Property in the manner provided for under this Agreement:
A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of
land to the CITY for school purposes ("School Contribution"). The total
land area required for contribution pursuant to applicable ordinances of the
CITY, based upon the Preliminary Plat, is acres. The school
contribution shall be paid by a cash contribution in accordance with the CITY
ordinances made at time of conveyance of the school site to the School
District. The DEVELOPER has agreed to pay a transition fee to the School
District in the amount of $3,000.00 per unit. The fee will be paid at the rate
of $3,000 per unit on a per-building permit basis as building permits are
issued. The method of payment will be in accordance with the CITY'S current
procedure. This procedure is for the Builder for a home to pay the fee for
that unit to the School District directly and receive a receipt from the School
District for the unit paid and then for this receipt to be presented by the
Builder to the CITY prior to the issuance of a building permit for that unit, on
a lot by lot basis. Said fees are being paid voluntarily and with the consent of
OWNER and DEVELOPER based upon this contractual agreement
voluntarily entered into between the parties after negotiation of this
Agreement. OWNER AND DEVELOPER knowingly waives any claim or
objection as to amount of the specific fees negotiated herein voluntarily.
B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of
land only to the CITY for park purposes ("Park Contribution"). The total
land area required for contribution for park purposes pursuant to applicable
ordinances of the CITY, based upon the Preliminary Plat, is acres.
OWNER or DEVELOPER shall cause fee title to no less than _ acres of
land located in Parcels and _, as identified on the Preliminary Plat
("Park Site") to be conveyed to the CITY, or to such other entity as the CITY
shall direct in writing, in partial satisfaction of the Park Contribution. The
balance of any park contribution shall be paid by a cash contribution in
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accordance with the CITY ordinances made at time of conveyance of the
park site to the CITY. The Park Site shall be conveyed in such manner and
at such time as required by applicable ordinances of the CITY. Prior to
conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed
and prepare the Park Site in conformity with the Final Engineering.
C. The following fee shall be paid to the CITY for each unit:
Development fees.
Public works $700
Police $300
Building $150
Library $500
Engineering $100
Bristol/Kendall Fire $1,000
Total $2,750
Unless otherwise provided in this Agreement, said development, transition,
impact, and other fees shall be paid per individual residential dwelling unit
concurrent with the building permit application for that particular residential
dwelling unit.
13. PROJECT SIGNS. Following the date of this Agreement and through the
date of the issuance of the final occupancy permit for the Anderson Property,
DEVELOPER shall be entitled to construct, maintain and utilize up to three (3) offsite
subdivision identification, marketing and location signs at such locations within or without
the corporate limits of the CITY as 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, subject to the requirements of any permitting
authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the
Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage
upon the Anderson Property as identified in Exhibit "H", attached hereto.
14. MODEL HOMES/PRODUCTION UNITS. During the development and build
out period of the Anderson Property (subsequent to final plat approval), DEVELOPER,
and such other persons or entities as DEVELOPER may authorize, may construct,
operate and maintain model homes within the Anderson Property staffed with
DEVELOPER's, or such other person's or entity's, sales and construction staff, and may
be utilized for sales and construction offices. The number of such model homes and the
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locations thereof shall be as from time to time determined or authorized by DEVELOPER.
No off-street parking shall be required for any model home other than the driveway for
such model home capable of parking two (2) cars outside of the adjacent road rig ht-of-
way. Building permits for model homes, and for up to fifteen (15) production dwelling
units, shall be issued by the CITY upon proper application therefore prior to the installation
of public improvements (provided a gravel access road is provided for emergency
vehicles, upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol
Fire Protection District.) Prior to issuance of occupancy permits of model homes, water
shall be made available within 300' of homes. There shall be no occupation or use of any
production dwelling units until the binder course of asphalt on the street,the water system
and sanitary sewer system needed to service such dwelling unit are installed and
operational. DEVELOPER may locate temporary sales and construction trailers upon the
Anderson 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 Anderson Property or upon the occupancy of model homes
within the Anderson Property, whichever shall first occur. Prior to construction of the sales
trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping
and elevations for the Cities approval. The parking lot must have a hard surface before
occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold
harmless the 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. DEVELOPER shall be permitted to
obtain building permits in the same manner for additional model homes and for initial
production dwelling units in each Phase of Development as the Final Plat and Final
Engineering for each such Phase of Development is approved by the CITY. The
foregoing indemnification provision shall, in such case, apply for the benefit of
Indemnitees for each Phase of Development.
15. CONTRACTORS TRAILERS. 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 Anderson Property as required and
approved by DEVELOPER for development purposes. Said trailers may remain upon the
Anderson Property until the issuance of the last final occupancy permit for the Anderson
Property.
16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public
improvements is hereafter requested and properly authorized by the CITY for the
Anderson Property, and agreed to by DEVELOPER, for any of the public improvements
constructed to develop the Anderson Property for the purpose of serving property other
than the Anderson Property, the CITY shall enter into a Recapture Agreement, as defined
in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of
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such oversizing by the OWNER of properties benefitted by the same. The improvements
which qualify as oversized and the identity of the benefitted properties shall be identified at
the time of approval of Final Engineering for a Phase of Development.
17. 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 the CITY require that any part of the Anderson Property be designated for public
purposes, except as otherwise provided in this Agreement or identified on the Preliminary
Plat.
18. RECAPTURE AGREEMENTS.
A. Benefittinq the Anderson Property. The CITY agrees that in accordance
with Chapter 65, Section 5/9-5-1 et.seq. of the Illinois Compiled Statutes,
2002 Edition, at the request of the DEVELOPER, the CITY shall enter into
agreements for recapture ("Recapture Agreement") with DEVELOPER
providing for the recapture by DEVELOPER of a portion of the cost of
certain improvements as identified on Exhibit "I" attached hereto
("Recapture Improvements"), constructed by DEVELOPER which the CITY
has determined may be used for the benefit of property ("Benefitted
Property") not located within the Anderson Property which connect to said
improvements. The Benefitted Property is identified on said Exhibit "I"
attached hereto. Each Recapture Agreement shall be substantially in the
form as attached hereto and made a part hereof as Exhibit "J".
B. Encumbering the Anderson 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 Anderson Property which the CITY has any knowledge of or under which
the CITY is or will be required to collect recapture amounts from OWNER,
DEVELOPER, or their successors, upon connection of the Anderson
Property to any of such public utilities, nor does the CITY have any
knowledge of a pending or contemplated request for approval of any such
recapture agreement or ordinance which will effect the Anderson Property.
19. SPECIAL SERVICE AREA.
A. Establishment and Purpose. OWNER and DEVELOPER and their
respective successors, assignees and grantees, shall not object to and agree
to cooperate with the CITY in establishing a special service area ("SSA")for
the Anderson Property to be utilized as a primary funding mechanism for the
care and maintenance of the Common Facilities. Subject to the provisions of
Paragraph 19.B. of this Agreement, the CITY shall provide for the regular
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care, maintenance, renewal and replacement of the Common Facilities
("Common Facilities Maintenance"), including, without limitation, the
mowing and fertilizing of grass, pruning and trimming of trees and bushes,
removal and replacement of diseased or dead landscape materials, the
maintenance of storm water detention, retention, ponds and the repair and
replacement of fences and monument signs, so as to keep the same in a
clean, sightly and first class condition, and shall utilize the SSA to provide
sufficient funds to defray the costs, including administrative costs not to
exceed one hundred and fifteen percent(115 %)of such maintenance costs,
thereby reasonably incurred by the CITY and to establish reserve funds for
future repairs and replacements as reasonably determined by the CITY to be
appropriate. The CITY, through and under the SSA, shall have the primary
responsibility and duty to carry out the Common Facilities Maintenance
("Primary Responsibility"). The SSA shall provide for the authority of the
CITY to levy up to one dollar and ten cents ($.50) per$100.00 of assessed
valuation ("Rate Cap") to fund the payment of the aforesaid costs and
expenses. In the event the CITY is prevented by law from collecting funds
under the SSA in the manner contemplated herein, a Homeowners
Association established by DEVELOPER or the CITY, as the case may be,
pursuant to the terms of the Declaration shall assume full responsibility for
carrying out and paying for, through assessments levied against all dwelling
units in the Anderson Property, the Common Facilities Maintenance
("Secondary Responsibility"). Subject to the provisions of Paragraph 19.B.
of this Agreement, the Common Facilities shall be conveyed to and owned
by the CITY so long as the SSA remains in force and effect. In the event the
Common Facilities Maintenance is subsequently transferred to the
Homeowners Association, the CITY may elect to convey all or a portion of
the Common Facilities to the Homeowners Association. In any event, a
maintenance easement ("Common Facilities Maintenance Easement")
shall be established over all of those Common Facilities located on the Final
Plat for each Phase of Development in favor of the CITY and any future
Homeowners Association which undertakes responsibility for the Common
Facilities Maintenance. The substance of the Common Facilities
Maintenance Easement shall be as approved by legal counsel for the CITY
and DEVELOPER, which approvals shall not be unreasonably withheld.
B. Implementation. Anything contained in Paragraph 19.A. of this Agreement to
the contrary notwithstanding, up to the issuance by the CITY of eighty-five
percent (85%) of the occupancy permits for the entirety of the Anderson
Property("Initial Build-Out Period") the Common Facilities shall be owned
or controlled by DEVELOPER and the Common Facilities Maintenance shall
be carried out by or under the direction of DEVELOPER. DEVELOPER shall
cause a declaration of covenants, conditions and restrictions("Declaration")
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to be recorded against the Anderson Property, either in its entirety or
incrementally with each Phase of Development, which shall provide, among
other things, for the establishment of an association of all lot owners within
the Anderson Property("Association") and the mandatory membership of all
lot owners in the Association. The cost of carrying and administering the
Common Facilities Maintenance during the Initial Build-Out Period shall be
paid through assessments levied by the DEVELOPER through the
Association against the members of the Association, with any annual
shortfall in the monies thereby generated funded by DEVELOPER. At the
end of the Initial Build-Out Period, which shall automatically occur upon the
issuance of eighty-five percent (85%) of the occupancy permits for all of the
dwelling units approved hereunder for development within the Anderson
Property, the Common Facilities shall be conveyed to the CITY and the CITY
shall accept title to the Common Facilities, provided DEVELOPER has
properly carried out the Common Facilities Maintenance prior thereto.
Ownership of the Common Facilities including the open space areas,
depicted on the Preliminary Plan as parcels and shall be at time
of turnover conveyed to the Association. The CITY shall thereafter carry out
the Common Facilities Maintenance utilizing the SSA for the funding thereof,
as provided in Paragraph 21.A. of this Agreement. DEVELOPER shall have
no further liability or responsibility for the Common Facilities Maintenance
following the end of the Initial Build-Out Period. The SSA shall expressly
provide for the deferral of its implementation in conformity with the provisions
of this Paragraph 19.B.
C. Improvements Special Service Area (SSA or SSA). CITY, OWNER and
DEVELOPER and their respective successors, assignees and grantees,
agree to cooperate in establishing a special service area ("SSA") for the
Anderson Property to be utilized as a primary funding mechanism for the
funding of certain eligible infrastructure costs in accordance with the CITY's
Special Tax Bond Policy attached as exhibit "M".
20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the
development of the Anderson Property DEVELOPER determines that any existing utility
easements and/or lines require relocation to facilitate development of the Anderson
Property in accordance with the Preliminary Plat, 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 the CITY as
a part of the development of the Anderson Property is subsequently determined to be in
error or located in a manner inconsistent with the intended development of the Anderson
Property as reflected on the Preliminary Plat and in this Agreement, the 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
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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.
21. 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, DEVELOPER shall obtain all offsite easements necessary for
the development of such portion of the Anderson Property in accordance with the
Preliminary Plans. In the event an offsite easement is required which was not
contemplated in the Preliminary Plans due to a change in circumstances, and in the event
DEVELOPER is unable to acquire such necessary offsite easement, the CITY shall
exercise its power of eminent domain to acquire the same, provided DEVELOPER shall
pay the reasonable costs incurred by the CITY as a result thereof. DEVELOPER shall
deposit the amount of such costs reasonably estimated by the CITY into a segregated,
interest bearing escrow account prior to the commencement of such eminent domain
proceedings by the CITY. Such funds shall be utilized solely to defray such costs and all
funds, including interest, remaining in such escrow upon completion of such proceedings
shall be refunded to DEVELOPER.
22. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER
shall develop the Anderson Property as a subdivision to be commonly known as Anderson
Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY
in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER
of said property, petition to disconnect any portion or all of said property from the CITY.
23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be
in conflict with the provisions of this Agreement.
24. ANNEXATION FEE. The CITY hereby confirms and agrees that no
annexation fee shall become due or payable as a result of the development and build-out
of the Anderson Property as a result of the prior annexation of said property to the CITY.
The CITY hereby waives all current and future annexation fees now or hereafter required
under any ordinances of the CITY with respect to the Anderson Property, except as
otherwise provided in this Agreement.
25. GENERAL PROVISIONS.
A. 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
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performance of this Agreement. This Agreement shall be governed by the
laws of the State of Illinois.
B. 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 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 terms 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 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 OWNER
and/or DEVELOPER: Wyndham Deerpoint Homes
605 Lindsay Circle
North Aurora, IL. 60542
Attn: Richard M. Guerard
Fax: (630) 966-1006
with a copy to: Guerard, Kalina & Butkus
100 W. Roosevelt Road
Wheaton, IL 60187
Attn: Richard M. Guerard
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Fax: (630) 690-9652
(ii) If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, II 60560
Fax: (630) 553-8330
with a copy to: John Wyeth, Esq.
Suite 380C
300 E. 5th Avenue
Naperville, II 60563-3181
Fax: (630) 355-4390
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 (1998 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 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 Anderson 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 the CITY Code and Illinois Compiled
Statutes. This Agreement may be amended by the CITY and the OWNER of
record of a portion of the Anderson Property as to provisions applying
exclusively thereto, without the consent of the OWNER of other portions of
the Anderson Property not effected by such Agreement.
G. Conveyances. Nothing contained in this Agreement shall be construed to
restrict or limit the right of the OWNER or DEVELOPER to sell or convey all
or any portion of the Anderson Property, whether improved or unimproved.
H. 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 Anderson Property in accordance with
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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 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 the CITY and
DEVELOPER/OWNER.
J. 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.
J. Recording. This Agreement shall be recorded in the Office of the Recorder
of Deeds, Kendall County, Illinois, at DEVELOPER's expense.
K. 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.
L. 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.
M. No Moratorium. The CITY shall not limit the number of building or other
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 affect any limitations imposed as to sanitary
sewer or water main extensions by the Illinois Environmental Protection
Agency, or Yorkville-Bristol Sanitary District.
N. Highway 71. DEVELOPER agrees to comply and pay the cost of compliance
with all State requirements with regard to entrances into the development
from State Highways7l.
O. 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.
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P. 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 Anderson Property, the CITY, the DEVELOPER, or
OWNER, including, but not limited to, county, state or federal regulatory
bodies.
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 & OWNER: CITY:
JW & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an
an Illinois limited liability company Illinois municipal corporation
by Wyndham Deerpoint Homes, Inc.,
Managing Member
By: By:
Mayor
Title: President
Attest:
Dated: CITY Clerk
Dated:
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LIST OF EXHIBITS
EXHIBIT "A": Legal Description of Anderson Property
EXHIBIT "B": Depiction and Legal Descriptions of Zoning Parcels
EXHIBIT "C": Preliminary Plat of Subdivision
EXHIBIT "C-1": Preliminary Landscape Plan
EXHIBIT "D": Preliminary Engineering
EXHIBIT "E": Permitted Variations and Design Standards
EXHIBIT "F": Form Letter of Credit
EXHIBIT "G":Current CITY Building Codes
EXHIBIT "H": Project Signage
EXHIBIT "I": Recapture Improvements
EXHIBIT "J": Recapture Agreement
EXHIBIT "L": Right to Farm Disclosure Statement for Final Plats
EXHIBIT "K" Yorkville Community Unit District 115 letter
EXHIBIT "M" Special Tax Bond Policy
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EXHIBIT "A"
LEGAL DESCRIPTION OF HIGHLAND'S PROPERTY
ADDRESS OF ANDERSON PROPERTY
Vacant land Rt. 71 is north border and is adjacent to Timber Creek Subdivison, Kendall
County, II.
P.I.N. NUMBERS
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EXHIBIT "B"
DEPICTION AND LEGAL DESCRIPTIONS OF ZONING
I. Depiction of Zoning: See page B-2
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EXHIBIT "C"
PRELIMINARY PLAT OF SUBDIVISION
(See following page)
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EXHIBIT "C-1"
PRELIMINARY LANDSCAPE PLAN
(See following pages)
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EXHIBIT "D"
PRELIMINARY ENGINEERING
(See following page)
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EXHIBIT "E"
PERMITTED VARIATIONS AND DESIGN STANDARDS
I. Permitted Variations to Zoning Ordinance:
A. Section 12.15.5: Sign Code
1. Increase sign face area and height standards to comply with the
standards set forth in Exhibit "H" attached hereto
II. Permitted Variations to Subdivision Ordinance:
III. Permitted Variations to Building Code:
IV. Permitted Variations for Signage:
The provisions of the Zoning Ordinance are hereby varied as necessary and
appropriate to permit the construction and use of those signs as identified in
Paragraph 13 of this Agreement and in Exhibit "H" attached hereto
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EXHIBIT "F"
FORM LETTER OF CREDIT OR SURETY BOND
(See following page)
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EXHIBIT "G"
CURRENT CITY BUILDING CODES
1. BOCA 1999
2. Illinois State Plumbing Code
3. National Electric Code 1999
4. International Building Code 2000
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EXHIBIT "H"
PROJECT SIGNAGE
Onsite Project Identification Signs:
1. Number: 4
2. Maximum Height: 20 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 200 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
II. Onsite Model Home Signs:
1. Number: 1 sign for each model home
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
III. Onsite Directional and Information Signs:
1. Number: No maximum number
2. Maximum Height: 6 feet
3. Maximum Sign Faces Per Sign: 2
4. Maximum Sign Face Area Per Side: 16 square feet
5. Illumination: Permitted
6. Minimum Setback from Property Line: 5 feet
7. Location: As from time to time determined by DEVELOPER
IV. Onsite Sales or Marketing Signs/Flags:
1. Number: 12
2. Maximum Height: 10 feet
3. Maximum Sign Faces per Sign: 2
4. Maximum Sign Face Area Per Side: 32 square feet
5. Illumination: Permitted
6. Location: As from time to time determined by DEVELOPER
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V. Permanent Entry Monument Signs:
Permanent entry monument signs and treatments shall be permitted in
compliance with applicable provisions of the CITY Sign Ordinance and Subdivision
Ordinance, or as otherwise approved by the CITY Council or Building and Zoning
Officer upon request by DEVELOPER.
VI. Other Signs:
In addition to those permitted signs as identified in this Exhibit "H", DEVELOPER
shall further have the right to from time to time install and utilize such other signage
upon the Anderson Property as otherwise permitted pursuant to the provisions of
applicable ordinances of the CITY.
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EXHIBIT "I"
RECAPTURE IMPROVEMENTS
1. To be determined.
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EXHIBIT "J"
RECAPTURE AGREEMENT
(See following six pages)
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THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Guerard, Kalina & Butkus
Richard M. Guerard
100 W. Roosevelt Road
Wheaton, IL 60187
RECAPTURE AGREEMENT
THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the
day of , 200_, by and between the UNITED CITY OF YORKVILLE, an
Illinois municipal corporation ("CITY") and JW &WD DEVELOOPMENT, L.L.C., an
Illinois limited liability company ("DEVELOPER").
RECITALS:
A. DEVELOPER is the OWNER and DEVELOPER of that certain real estate
development located within the corporate limits of the CITY and commonly known as
Anderson Crossing Subdivision ("Subdivision").
B. DEVELOPER and the CITY have heretofore entered into that certain
Annexation Agreement dated , 2005 ("Annexation Agreement")
pertaining to the annexation and development of the Subdivision within the CITY.
C. DEVELOPER desires to recapture an allocable share of the costs of
constructing certain of the public improvements for the Subdivision ("Recapture Items")
which will provide benefit to other properties ("Benefitted Properties") from the
OWNERs of the Benefitted Properties ("Benefitted OWNERs").
D. DEVELOPER and the CITY are desirous of entering into this Agreement
to provide for the fair and allocable recapture by DEVELOPER of the proportionate
costs of the Recapture Items from the Benefitted OWNERs, subject to the terms and
conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
covenants hereinafter set forth, and for other good and valuable consideration, the
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receipt and sufficiency of which are hereby acknowledged by the parties hereto, the
parties hereby agree as follows:
1. RECAPTURE ITEMS. The Recapture Items, being elements of the public
improvements to be constructed as a part of the development of the Subdivision, are
identified in Attachment "A" attached hereto ("Recapture Schedule"). The Recapture
Schedule identifies each Recapture Item and the estimated cost to construct each
Recapture Item ("Estimated Cost"). DEVELOPER shall cause each of the Recapture
Items to be constructed in compliance with the provisions of the Annexation Agreement
and to be accepted and conveyed to the CITY in accordance with applicable
ordinances of the CITY.
2. BENEFITTED PROPERTIES. The Benefitted Properties are legally described in
the Recapture Schedule attached hereto as Attachment "B". Each parcel of real estate
contained within the Benefitted Properties is referred to herein individually as a
"Benefitted Parcel". There are a total of ( ) Benefitted Parcels as
identified in the Recapture Schedule.
3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities
of the CITY have determined will benefit a Benefitted Parcel, and the prorata share of
the Estimated Cost of each such Recapture Item to be allocated to such Benefitted
Parcel are set forth in the Recapture Schedule. The aggregate amount of the
proportionate share of the Estimated Cost for each of the Recapture Items allocable to
a Benefitted Parcel is referred to herein as the "Recapture Costs". The Recapture
Costs for each of the Benefitted Parcels shall be as identified in the Recapture
Schedule. Interest shall accrue on the Recapture Costs for the benefit of DEVELOPER
at the rate of six percent (8 %) per annum from the date the Recapture Item is
completed by DEVELOPER until the Recapture Cost is paid. All references to
Recapture Costs herein shall include accrued interest owed thereon.
4. COLLECTION OF RECAPTURE COSTS. The CITY shall assess against and
collect from the Benefitted OWNER of a Benefitted Parcel, or any portion thereof, his
successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this
Agreement for such Benefitted Parcel. At such time as a Benefitted OWNER, or its
agent or representative, annexes and/or subdivides a Benefitted Parcel, or any portion
thereof, or subdivides the Benefitted Parcel from a larger parcel of land, or applies to
the CITY for issuance of a permit for connection to all or any of the Recapture Items,
whichever shall first occur, the CITY shall collect from such Benefitted OWNER, or its
agent or representative, the applicable Recapture Costs, owed hereunder by such
Benefitted Parcel. No Benefitted Parcel which is a part of a subdivision (whether by plat
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or division by deed) shall be approved or recognized by the CITY or be issued a
connection permit to a Recapture Item by the CITY until such Benefitted Parcel has
fully paid the applicable Recapture Costs, owed by such Benefitted Parcel under this
Agreement.
5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the
CITY pursuant to this Agreement shall be paid to DEVELOPER, or such other person
or entity as DEVELOPER may direct by written notice to the CITY, within thirty (30)
days following collection thereof by the CITY. It is understood and agreed that the
CITY's obligation to reimburse DEVELOPER shall be limited to funds collected from the
Benefitted OWNERs as provided herein, and payments made hereunder shall be made
solely out of said funds. This Agreement shall not be construed as creating any
obligation upon the CITY to make payments from its general corporate funds or
revenue.
6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall
make all reasonable efforts to make the aforesaid collections of the Recapture Costs,
for each Benefitted Parcel. Neither the CITY or any of its officials shall be liable in any
manner for the failure to make such collections, and DEVELOPER agrees to hold the
CITY, its officers, employees and agents, harmless from the failure to collect said fees.
In any event, however, DEVELOPER and/or the CITY may sue any Benefitted
OWNER owing any Recapture Costs, hereunder for collection thereof, and in the event
DEVELOPER initiates a collection lawsuit, the CITY agrees to cooperate in
DEVELOPER's collection attempts hereunder by allowing full and free access to the
CITY's books and records pertaining to the subdivision and/or development of the
Benefitted Parcel and the collection of any Recapture Costs therefor. In the event the
CITY and any of its agents, officers or employees is made a party defendant in any
litigation rising out of or resulting from this Agreement, DEVELOPER shall defend such
litigation, including the interest of the CITY, and shall further release and hold the CITY
harmless from any judgment entered against DEVELOPER and/or the CITY and shall
further indemnify the CITY from any loss resulting therefrom, except to the extent such
loss results from the grossly negligent or willfully wrongful act or conduct of the CITY or
any of its agents, officers or employees.
7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in
this Agreement shall limit or in any way affect the rights of the CITY to collect other fees
and charges pursuant to CITY ordinances, resolutions, motions and policies. The
Recapture Costs provided for herein for each Benefitted Parcel is in addition to such
other CITY fees and charges.
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8. TERM. This Agreement shall remain in full force and effect for a period of twenty
(20) years from the date hereof, unless sooner terminated by the mutual agreement of
the parties hereto or by the completion of all duties to be performed hereunder. In the
event no portion of a Benefitted Parcel is a part of a subdivision approved or recognized
by the CITY and no connection permit as aforesaid is issued by the CITY for such
Benefitted Parcel within ten years following the date of this Agreement, this Agreement,
and each and every duty and undertaking set forth herein pertaining to such Benefitted
Parcel, shall become null and void and of no further force and effect as to such
Benefitted Parcel.
9. LIEN. The recordation of this Agreement against the Benefitted Properties shall
create and constitute a lien against each Benefitted Parcel, and each subdivided lot
hereafter contained therein, in the amount of the Recapture Costs, plus interest,
applicable hereunder to such Benefitted Parcel.
10. MISCELLANEOUS PROVISIONS.
A. Agreement: This Agreement may be amended upon the mutual consent
of the parties hereto from time to time by written instrument and conformity with
all applicable statutory and ordinance requirements and without the consent of
any other person or corporation owning all or any portion of the Benefitted
Properties.
B. Binding Effect: Except as otherwise herein provided, this Agreement shall
inure to the benefit of and be binding upon the successors and assigns of
DEVELOPER and any successor municipal corporation of the CITY.
C. Enforcement: Each party to this Agreement, and their respective
successors and assigns, may either in law or in equity, by suit, action,
mandamus, or other proceeding in force and compel performance of this
Agreement.
D. Recordation: A true and correct copy of this Agreement shall be
recorded, at DEVELOPER's expense, with the Kendall County Recorder's office.
This Agreement shall constitute a covenant running with the land and shall be
binding upon the Benefitted Properties in accordance with the terms and
provisions set forth herein.
E. Notices: Any notice required or desired to be given under this Agreement,
unless expressly provided to the contrary herein, shall be in writing and shall be
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deemed to have been given on the date of personal delivery, on the date of
confirmed telefacsimile transmission provided a hard copy of such notice is
deposited in the U.S. mail addressed to the recipient within twenty-four hours
following the telefacsimile transmission, or on the date when deposited in the
U.S. Mail, registered or certified mail, postage prepaid, return receipt requested,
and addressed as follows:
If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, II 60560
Fax: (630) 553-8330
with a copy to: John Wyeth, Esq.
Suite 380C
300 E. 5th Avenue
Naperville, II 60563-3181
Fax: (630) 355-4390
If to OWNER JS & WD Development, L.L.C.
and/or DEVELOPER: 605 Lindsay Circle
North Aurora, IL. 60542
Attn: Mary E. Krasner
Fax: (630) 966-1006
with a copy to: Guerard, Kalina & Butkus
100 W. Roosevelt Road
Wheaton, IL 60187
Attn: Richard M. Guerard
Fax: (630) 690-9652
F. Severability: The invalidity or unenforceability of any of the
provisions hereof, or any charge imposed as to any portion of the Benefitted Properties,
shall not affect the validity or enforceability of the remainder of this Agreement or the
charges imposed hereunder.
G. Complete Agreement: This Agreement contains all the terms and
conditions agreed upon by the parties hereto and no other prior agreement, excepting
the Annexation Agreement, regarding the subject matter of this Agreement shall be
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deemed to exist to bind the parties. This Agreement shall be governed by the laws of
the State of Illinois.
H. Captions and Paragraph Headings: Captions and paragraph
headings incorporated herein are for convenience only and are not part of this
Agreement, and further shall not be used to construe the terms hereof.
I. Recitals and Exhibits: The recitals set forth at the beginning of this
Agreement and the exhibits attached hereto are hereby incorporated into this
Agreement and made a part of the substance hereof.
J. Enforceaibility: This Agreement shall be enforceable in the Circuit
Court of Kendall County by any of the parties hereto by an appropriate action of law or
in equity to secure the performance of the covenants herein contained.
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IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
as of the date first above written.
DEVELOPER: CITY:
W & WD DEVELOOPMENT, L.L.C., UNITED CITY OF YORKVILLE, an
an Illinois limited liability company Illinois municipal corporation
by Wyndham Deerpoint Homes, Inc.,
Managing Member
By: By:
Mayor
Title: President
Attest:
Dated: CITY Clerk
Dated:
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EXHIBIT "K"
Yorkville Community Unit District 115.
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EXHIBIT "L"
Special Tax Bond Policy
A-1
C. /4 -
`, s, C/1 Reviewed By:
2 -
it 0a Le al ❑ City Council
:,� „ g
+�� Finance ■
EST. r, 1836
Engineer ■
-t 111 X City Administrator ❑ Agenda Item Tracking Number
�1f =O Consultant ❑ ADM 2005-08
'�j4�E` ���� Human Resources ■
Labor Attorney ■
City Council Agenda Item Summary Memo
Title: Accounting Clerk II (KNA— Senior Accounting Clerk)Revised Job Description
City Council/COW/Committee Agenda Date: City Council 11/22/2005
Synopsis: This is a clean up to an existing position. The existing job description depicts
human resource job functions which are now being handled by the Payroll/Benefit
Specialist position.
Council Action Previously Taken:
Date of Action: None Action Taken:
Item Number:
Type of Vote Required: Simple majority
Council Action Requested: Approval
Submitted by: Traci Pleckham Finance
Name Department
Agenda Item Notes:
Minor comments from the labor attorney have been added. A track changes and a clean copy of
the job description has been provided.
COUNTY OF KENDALL )
) ss
STATE OF ILLINOIS )
RESOLUTION NO. 2005-
A RESOLUTION APPROVING THE REVISED JOB DESCRIPTION FOR THE
POSITION OF SENIOR ACCOUNTING CLERK
(FORMERLY KNOWN AS "ACCOUNTING CLERK II/HUMAN RESOURCE CLERK")
IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
WHEREAS,the Mayor and City Council of UNITED CITY OF YORKVILLE, after
careful consideration, have found and deemed it necessary for the benefit of the UNITED CITY OF
YORKVILLE to create the position of Senior Accounting Clerk; and
WHEREAS, the job position for Senior Accounting Clerk will have the duties and
responsibilities as set forth in the attached job description(Exhibit"A"); and
WHEREAS,this job position will supplant the position of Accounting Clerk II/Human
Resource Clerk, due to the transfer of the human resource job function to the Payroll/Benefit
Specialist job position,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE THAT THE POSITION OF SENIOR ACCOUNTING
CLERK IS HEREBY CREATED, SUPPLANTING THE CURRENT POSITION OF
ACCOUNTING CLERK II/HUMAN RESOURCE CLERK.
Said position will be directed by and report directly to the Finance Director. The job
description for said position is attached hereto and is made part hereof as Exhibit"A". The hiring
of a person to fill the said position should be subject to all probationary rules and regulations as set
out in the current Employee Manual.
This resolution shall become effective upon its passage.
Page 1 of 2
PAUL JAMES MARTY MUNNS
JASON LESLIE WANDA OHARE
VALERIE BURD ROSE SPEARS
DEAN WOLFER JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of , A.D. 2005.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois,
this day of ,A.D. 2005.
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
630-553-8570
Page 2 of 2
DRAFT
UNITED CITY OF YORKVILLE
SENIOR ACCOUNTING CLERK
Department: Administration
Reports to: Finance Director
Status: Full Time; non-exempt
Positions Supervised: Non; _-- Deleted: (?) J
Salary Range Administrative Support Staff
Position Description Overview
This individual will work under the direction of the Finance Director. This position will perform
professional level accounting duties and apply technical skills to the maintenance and reporting of
the City's financial transactions.
Job Functions
1. Analyze and maintains general ledger accounts,prepares and posts journal entries, and
monitors revenues and expenditures.
2. Maintains debt service information; processes loan payment checks based on payment dates.
3. Coordinates rate requests for banking services and keeps banking records up to date.
4. Assist Finance Director and Department Heads with the annual budget process.
5. Review and prepare monthly budget reports.
6. Reconcile daily/monthly: Accounting system transaction entries,bank statements,fund
conditions, and transfers.
7. Prepare monthly and annual treasurer's reports to be provided to the City Treasurer for
review.
8. Assist with accounts receivable processing.
9. Oversee accounts payable process and prepares filling of annual W9 and 1099 forms.
10.Manages petty cash; manages city charge accounts per purchase order policy.
11.Retains, maintains,and processes all accounting records and filings.
12.Maintains the fixed asset records for all city property per GASB34 requirements.
13.Coordinates annual audit process.
14.Maintains and audits accounting records for Motor Fuel Tax.
DRAFT
15.Assist with the development of the Accounting Procedure Manual and ongoing reviews and
updates as directed.
16.Coordinates risk management process, maintains property and liability files,files general and
vehicular liability claims with insurance companies,monitors claims and pursues collection
reimbursement for repairs.
17.Secondary support when necessary for other areas within the Finance Department.
18.Other duties as directed by the Finance Director.
Requirements
1. Knowledge of accounting practices,procedures, and office terminology necessary to perform
accounting functions.
2. Ability to utilize the City's accounting software.
3. Strong analytical and communication skills.
4. Ability to work under pressure with frequent interruptions.
5. Ability to understand department priorities and adjust work activities to meet them.
6. Ability to operate in a multi-task environment.
7. Ability to operate a `.-arietJ of office equipment. tnciudin't but not to computer,
r
t',pewIite„ Dopier, tax. scanner. and calculator. , lt11 minimal super,"inion, � Deleted:Ability to operate a variety of
office equipment including a typewriter,
1 word processor.facsimile machine.and
8. Ability to maintain strict confidentiality. calculator.
Experience and Education
1. Minimum of four(4)years accounting finance experience, municipal accounting/finance
experience preferred.
=. Bachelors Degree in accounting, finance,or business related field .. _,ny equivalent - Formatted:Numbered+Level: 1+
Numbering style: 1,z,3,...+start
combination of experience and education that provides the required knowledge, skills,and
. ` , at:1+Alignment:Left+Aligned at:
abilities in `T discretion 0.25"+Tab after: 0.5"+Indent at:
0.5"
3. Must have successfully completed a background investigation. Deleted:.41
41
1
The duties listed above are intended only as an illustration of the various types of tasks that may be
I required and are not exhaustive. The omission of specific statements of duties does note exclude
them from the position if the work is similar,related,or a logical assignment to the position. This
job description does not constitute an employment agreement between the employer and the
I employee,and is subject to modification?t the discretion of the employer as the needs of the -I Deleted:by j
employer and/or agency change, or requirements of the position change.
CHI 10982719.1
DRAFT
UNITED CITY OF YORKVILLE
SENIOR ACCOUNTING CLERK
Department: Administration
Reports to: Finance Director
Status: Full Time; non-exempt
Positions Supervised: None
Salary Range Administrative Support Staff
Position Description Overview
This individual will work under the direction of the Finance Director. This position will perform
professional level accounting duties and apply technical skills to the maintenance and reporting of
the City's financial transactions.
Job Functions
1. Analyze and maintains general ledger accounts, prepares and posts journal entries, and
monitors revenues and expenditures.
2. Maintains debt service information; processes loan payment checks based on payment dates.
3. Coordinates rate requests for banking services and keeps banking records up to date.
4. Assist Finance Director and Department Heads with the annual budget process.
5. Review and prepare monthly budget reports.
6. Reconcile daily/monthly: Accounting system transaction entries, bank statements, fund
conditions, and transfers.
7. Prepare monthly and annual treasurer's reports to be provided to the City Treasurer for
review.
8. Assist with accounts receivable processing.
9. Oversee accounts payable process and prepares filling of annual W9 and 1099 forms.
10. Manages petty cash; manages city charge accounts per purchase order policy.
11. Retains, maintains, and processes all accounting records and filings.
12. Maintains the fixed asset records for all city property per GASB34 requirements.
13. Coordinates annual audit process.
14. Maintains and audits accounting records for Motor Fuel Tax.
DRAFT
15. Assist with the development of the Accounting Procedure Manual and ongoing reviews and
updates as directed.
16. Coordinates risk management process, maintains property and liability files, files general and
vehicular liability claims with insurance companies, monitors claims and pursues collection
reimbursement for repairs.
17. Secondary support when necessary for other areas within the Finance Department.
18. Other duties as directed by the Finance Director.
Requirements
1. Knowledge of accounting practices, procedures, and office terminology necessary to perform
accounting functions.
2. Ability to utilize the City's accounting software.
3. Strong analytical and communication skills.
4. Ability to work under pressure with frequent interruptions.
5. Ability to understand department priorities and adjust work activities to meet them.
6. Ability to operate in a multi-task environment.
7. Ability to operate a variety of office equipment, including but not limited to computer,
typewriter, copier, fax, scanner, and calculator, with minimal supervision.
8. Ability to maintain strict confidentiality.
Experience and Education
1. Minimum of four (4) years accounting finance experience, municipal accounting/finance
experience preferred.
2. Bachelors Degree in accounting, finance, or business related field or any equivalent
combination of experience and education that provides the required knowledge, skills, and
abilities in the discretion of the Finance Director.
3. Must have successfully completed a background investigation.
The duties listed above are intended only as an illustration of the various types of tasks that may be
required and are not exhaustive. The omission of specific statements of duties does note exclude
them from the position if the work is similar, related, or a logical assignment to the position. This
job description does not constitute an employment agreement between the employer and the
employee, and is subject to modification at the discretion of the employer as the needs of the
employer and/or agency change, or requirements of the position change.
CHI 10982719.1
DRAFT
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS,
800 GAME FARM ROAD ON
TUESDAY,OCTOBER 25,2005.
Mayor Prochaska called the meeting to order at 7:01 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Absent
Leslie Present
Ward II Burd Present
Wolfer Present
Ward III Ohare Present
Munns Present
Ward IV Besco Present
Spears Present
Also present City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Police Chief
Martin,Director of Public Works Dhuse,Finance Director Pleckham and City Intern Olson.
QUORUM
A quorum was established.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,November 7,2005
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,November 17,2005
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,November 3,2005
City of Yorkville Conference Room
800 Game Farm Road
Public Safety Committee 7:00 P.M.,Thursday,November 10,2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee T.B.A.
PRESENTATIONS
None.
PUBLIC HEARINGS
Raintree Village II Special Service Area 2004-107
Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the
Raintree Village II Special Service Area 2004-107. So moved by Alderman Wolfer,
seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye
David Ihle from Concord Homes addressed the City Council. He explained this SSA would be
for the southern section of the development and would cover public improvements such as
sewers,roads,public lands,etc. The total amount of the bond will be$9,409,510.00 with amount
for the public improvements being$6,690,094.00.
The Minutes of the Regular Meeting of the City Council—October 25,2005—page 2
Mayor Prochaska opened the floor for public comment.
John Butler a resident of Raintree Village inquired about the difference in the total amount for the
bond versus the amount for public improvements. Kevin McCanna,from Spear Financial(the
City's bond consultants),explained the difference. A portion of the bond issue will be used for
construction(approximately$7 million)while 10%will be placed in a reserve debt service
account(approximately$1 million). He further explained that while the debt service reserve is
borrowed,it earns interest which is used to lower the annual payments and to make the final
payment of the bond. Also interest will be capitalized for two years(approximately$1 million)
to make sure there is no tax bill until the house is built.
Mr.Butler asked if the details of the SSA will be posted so that residents could investigate it
further and try to understand it. Mr.McCanna stated that the amounts would be detailed in the
bond documents when it was finalized and this information would be available at the City offices
in a day or two.
Mr.Butler asked what the duties of David Taussig&Associates were and Mr.McCanna
explained that they were hired by the City to do an annual report on the SSA.
Mr.Butler commented that it seemed that when compared to a normal issuance of bonds,SSA's
are an inefficient means of financing the infrastructure. He questioned why a company like
Lennair needs to finance the construction through an SSA when they are capable of funding the
infrastructure themselves. He questioned the thirty-year burden placed on homeowners for this
mechanism and suggested that it would be better for the developers to charge the appropriate
amount for the houses to cover the costs.
There were no other public comments. Mayor Prochaska opened the floor for City Council
comment.
Alderman Spears asked Mr.Butler if he was aware of the SSA when he purchased his house.He
explained that he did but he did not have a lot of information regarding SSA's. He stated that he
did not have a problem with the SSA on his property however he has further researched them
since his purchase and feel they are inefficient. Alderman Spears noted that some members of the
City Council are against SSA's.
Mr.Butler also commented that the public notice for the hearing did not clarify the areas that eh
SSA affected. He stated that he spoke with Director Pleckham who was very helpful and
clarified the public notice for him.
Alderman Ohare questioned why Mr.Butler bought a house with an SSA considering his concern
with it. Mr.Butler stated he accepts the fact he has an SSA and his consumer decision was based
on the cost of the house. He bought a good house at a lower initial cost and with higher than
average taxes which was a good decision for him. However,he felt that the infrastructure for the
development could be attained without the need for an.SSA and that the SSA was a marketing
ploy.
Alderman Leslie asked if this marketing ploy factored into Mr.Butler's purchase of his house.
Mr.Butler stated that it did not. Mr.Butler explained that his SSA amount is not part of his
escrow account so he had to calculate how this affected his budget so that he could set this
amount aside. He questioned what the benefit of the SSA was to the entire City when Lennair
has the funds to construct the infrastructure.
City Treasurer Powell agreed with Mr.Butler that SSA's require education on the part of real
estate agents,tax assessor,homeowners,etc. He noted that there is a cost to financing the
infrastructure and this is passed down to the home buyer. He commented that the lower cost of
the house allows some buyers to purchase more home than if they bought one without an SSA
and that the buyer has the right to pay the SSA assessment upfront when the home is bought. He
felt there SSA's have a place in Yorkville as well as other communities as long as the buyers are
aware of what they are committing to.
Alderman Burd commented that the Economic Development Committee would be having further
discussion regarding SSA's at their meetings. Alderman Burd stated that the Committee would
like to discuss SSA's with the public because they are looking for the downside of SSA's because
all they hear are positive things. She stated she would like to talk with resident's who have
SSA's to hear their reaction to them. She questioned that if the SSA can be paid off in the
beginning why is an extra layer needed.She stated that the realtors she has spoken with are
against SSA's because they lead to more bankruptcies and foreclosures.She felt they should be
looked at from the resident's angle not the developer side.
The Minutes of the Regular Meeting of the City Council—October 25,2005—page 3
Mayor Prochaska and Alderman Munns noted that this will be on the Economic Development
Committee meeting agenda November 17,2005 and invited anyone with questions to attend.
Mayor Prochaska stated that Mr.Butler made a strong argument however he would like to see the
information that he based it on. He asked if Mr.Butler would provide Director Pleckham with
the information so the City Council could use it to look at SSA's in a different way.
Mr.Butler agreed to pass his information on to Director Pleckham. He commented that the first
homebuyer of the property has a large burden placed on him and he could see where people could
get in over their heads. He was surprised that more residents did not show up to discuss this
tonight however he felt the confusion of the public notice might have deterred them.He again
thanked Director Pleckham for her assistance in this matter.
Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman
Ohare;seconded by Alderman Besco.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye
CITIZEN COMMENTS
Paul Burd,300 E.Hydraulic,addressed the City Council.He stated that at the last City Council
meeting it was implied and reported that there might be something improper and maybe illegal
concerning where he and his wife Alderman Burd live in regards to the downtown TIF district.
He stated he wanted to comment on this and set the record straight. He explained that he and
Alderman Burd purchased the property in question in 1988 and it was not in any previous City
plans. He further explained that originally the property consisted of the brick factory building
that is now townhomes,a lot on the other side of this building and the house they live in. In 1995
they sold the property and were going to move out of state. A developer offered to purchase the
property and part of the purchase contract was to rezone from manufacturing to multifamily. The
property was rezoned and all three parcels fell under a Planned Unit Development Agreement.
He stated that at the time most of the City Council voted for the rezoning and PUD. He noted
that Mayor Prochaska voted against it at the time and Mayor Prochaska stated he thought he was
the only one who voted against it.Mr.Burd stated that through some events,he and Alderman
Burd regained possession of their house and the eastern lot but not the factory building. Other
than this nothing has changed since 1995. He stated that there is nothing improper with
Alderman Burd living there. He further noted that the Facade ordinance does not affect them as
its boundary ends at Mill Street. He stated that if the property is sold,he hopes to make money
on it after living there all these years and working on the house which is just what any
homeowner should expect.
CONSENT AGENDA
1. Monthly Treasurer's Report for August 2005
2. Resolution 2004-71—Adopting Recommended Plan to Implement Governance
Enhancements as Proposed by Dr.Curt Wood and Dr.Gerald Gabris-authorize the
Mayor and City Clerk to execute
3. Bruell Street Sanitary Sewer—Shed Replacement—authorize purchase of tool shed
from Shedcraft&Decks,Inc.in an amount not to exceed$7,281.00
4. Rob Roy Creek Interceptor Contract 3—Change Order#2—authorize increase in an
amount not to exceed$244,359.50,funding from the Yorkville-Bristol Sanitary
District Infrastructure Participation Fee
5. Recreation Office Internet Contract—approve 24 month contract with SBC at$36.99
per month with no modem cost
6. Water Department Reports for July 2005
7. River's Edge Unit 1—Letter of Credit Expiration—authorize the City Clerk to call
Letter of Credit should it become necessary
8. 2005 Joint&Crack Filling-Change Order#1-authorize increase in an amount not
to exceed$3,330.63 and authorize Mayor to execute
9. Rob Roy Creek Interceptor Contract#3—authorize a ninety day time extension to
March 1,2006 and authorize City Engineer to execute
10. Kylyn's Ridge Unit 1—Old Second Letter of Credit#15367—Reduction#4-
authorize reduction in an amount not to exceed$244,577.31
11. Kylyn's Ridge Unit 2—Old Second Letter of Credit#15540—Reduction#3-
authorize reduction in an amount not to exceed$81,676.68
12. Castle Bank-Letters of Credit No.606&No.607 Kylyn's Ridge Unit 1—Reduction
#4-authorize reduction in an amount not to exceed$244,577.31
13. Fox Hill Unit 7 Letters of Creditl—Reduction#4-authorize reduction of Old Second
Letter of Credit#15716 in an amount not to exceed$3,420.00 and authorize
The Minutes of the Regular Meeting of the City Council—October 25,2005—nage 4
14. reduction of Old Second Letter of Credit#15804 in an amount not to exceed
$285,355.40
15.Resolution 2005-72—IDOT Highway Permit and Resolution—Heartland Center-
authorize City Clerk to execute
16. Resolution 2005-73—IDOT Highway Permit and Resolution—McVickers
Development-authorize City Clerk to execute
17. Final Acceptance of Heartland in Yorkville Units 1,2 and 3—accept the public
improvements
18. Water Department Reports for August 2005
19. Resolution 2005-74-Fox Industrial Park Project—Supplemental MFT Appropriation
Resolution-authorize City Clerk to execute
20. In-town Drainage Improvements-Change Order Nos.8-11—authorize the total
increase in an amount not to exceed$27,392.00(No.8-$4,242.00,No.9-
$11,120.00,No.10-$3,015.00 and No. 11-$9,015.00)and authorize the Mayor and
City Clerk to execute
21. Rob Roy Creek Interceptor Contract 5—Temporary Easement-authorize Mayor to
execute
22. Rob Roy Creek Interceptor Contract 4—Bid Results-award to D.Construction,Inc.
in an amount not to exceed$1,495,900.00,funding in accordance with the Yorkville-
Bristol Sanitary District Intergovernmental Agreement
23. Resolution 2005-75—IDOT Highway Permit and Resolution—Raintree Village
Route 126 Improvements—authorize Mayor and City Clerk to execute
24.Nextel Second Line Option—approve implementing second line option
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Besco;seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes-7 Nays-0
Burd-aye,Leslie-aye,Munns-aye,Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman Ohare to approve the minutes of the City Council meetings of
September 13,2005 and September 27,2005 and the Committee of the Whole meeting from
August 16,2005;seconded by Alderman Besco.
Alderman Leslie stepped out of the meeting during this vote.
Motion approved as corrected by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed
Board Report dated October 14,2005 totaling the following amounts:checks in the amount of
$689,180.25(vendors);$183,141.74(payroll period ending 10/1/05);for a total of$872,321.99
seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes-7 Nays-0
Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye
REPORTS
MAYOR'S REPORT
Ordinance 2005-87 Amending and Restating Ordinance 2005-77 Vacating Scott Road
Mayor Prochaska entertained a motion to approve an ordinance amending and restating
Ordinance 2005-77—Vacating Scott Road. So moved by Alderman Besco;seconded by
Alderman Ohare.
City Attorney Wyeth noted that one of the owner's names was omitted from the original
ordinance.
Motion approved by a roll call vote. Ayes-7 Nays-0
Leslie-aye,Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye
The Minutes of the Regular Meeting of the City Council—October 25,2005—pane 5
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
No report.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
City Treasurer Powell reported that the Annual Treasurer's Report for Fiscal Year 2004/2005
would be published on October 27,2005 in the Kendall County Record. It has also been filed
with the City Clerk's office and will be filed in the Kendall County Clerk's office.
CITY ADMINISTATOR'S REPORT
No report.
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
No report.
COMMUNITY&LIAISON REPORT
Façade Committee
Alderman Burd reported that she attended the Facade Committee meeting where they approved
the payment of$5,130.50 to Bob Dearborn for the garbage enclosure at 213 Bridge Street. She
also stated that she would be working on an amendment to the Facade Program ordinance.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
Resolution 2005-76 Bristol Bay SSA Resolution Declaring Official Intent
A motion was made by Alderman Ohare to approve a resolution declaring official intent
regarding Special Service Area Number 2005-109,Bristol Bay I as presented;seconded by
Alderman Wolfer.
Motion approved by a roll call vote. Ayes-4 Nays-3
Leslie-aye,Munns-aye,Ohare-aye,Spears-nay,Wolfer-aye,Besco-nay,Burd-nay
Ordinance 2005-88 Rob Roy Creek Bond Ordinance
A motion was made by Alderman Ohare to approve an ordinance authorizing and providing for
the issue of not to exceed$12,000,000.00 General Obligation Bonds(Alternate Revenue Source)
Series 2005D,of the United City of Yorkville,Kendall County,Illinois,for the purpose of
financing the construction of a sanitary interceptor sewer and related improvements,prescribing
all of the details of said bond,and providing for the collection and segregation of the revenues
sufficient to pay such bonds as presented;seconded by Alderman Wolfer.
Motion approved by a roll call vote. Ayes-7 Nays-0
Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye,Burd-aye,Leslie-aye,Munns-aye
The Minutes of the Regular Meeting of the City Council—October 25,2005—page 6
ADDITIONAL BUSINESS
None.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of
discussing:
1. The purchase or lease of real property for the use of the public body.
2. For the appointment,employment,compensation,discipline,performance,or dismissal of
specific employees of the public body or legal counsel for the public body,including
hearing testimony on a complaint lodged against an employee of the public body or
against legal counsel for the public body to determine its validity.
He asked that the City Clerk Milschewski,City Attorney Wyeth,Director of Public Works
Dhuse,Finance Director Pleckham and City Intern Olson be included. He noted that no action
would be taken after the session.
The City Council entered into executive session at 7:50.
The City Council returned to regular session at 8:19
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Ohare;seconded by
Alderman Burd.
Motion approved by a viva voce vote.
Meeting adjourned at 8:19 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
DRAFT
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
HELD IN THE CITY COUNCIL CHAMBERS.
800 GAME FARM ROAD ON
TUESDAY,NOVEMBER 8,2005.
Mayor Prochaska called the meeting to order at 7:04 P.M and led the Council in the Pledge of
Allegiance.
ROLL CALL
Clerk Milschewski called the roll.
Ward I James Absent
Leslie Present
Ward II Burd Present
Wolfer Absent
Ward III Ohare Present
•
Munns Present
Ward IV Besco Present
Spears Present
Also present: City Clerk Milschewski,City Treasurer Powell,City Attorney Wyeth,Police Chief
Martin,Director of Public Works Dhuse,Finance Director Pleckham and City Intern Olson.
OUORUM
A quorum was established.
EXECUTIVE SESSION
Mayor Prochaska entertained a motion to go into an Executive Session for the purpose of
discussing:
I. The appointment,employment,compensation,discipline,performance,or dismissal of
specific employees of the public body or legal counsel for the public body,including
hearing testimony on a complaint lodged against an employee of the public body or
against legal counsel for the public body to determine its validity.
2. The purchase or lease of real property for the use of the public body.
He asked that the City Clerk,City Treasurer,City Attorney,City Intern and John Crois be
included in the session. •
.
So moved by Alderman Besco;seconded by Alderman Ohare.
Motion approved by a roll call vote. Ayes-6 Nays-0
Ohare-aye,Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Spears-aye
The City Council entered into executive session at 7:05 p.m.
The City Council returned to regular session at 7:20 p.m.
INTRODUCTION OF GUESTS
Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests
and asked them to enter their names on the attendance sheet provided.
AMENDMENTS TO THE AGENDA
None.
COMMITTEE MEETING DATES
Public Works Committee 7:00 P.M.,Monday,December 5,2005
City of Yorkville Conference Room
800 Game Farm Road
Economic Development Committee 7:00 P.M.,Thursday,November 17,2005
City of Yorkville Conference Room
800 Game Farm Road
Administration Committee 7:00 P.M.,Thursday,December 1,2005
City of Yorkville Conference Room
800 Game Farm Road
inn
The Minutes of the Regular Meeting of the City Council—November 8,2005—page 2
Public Safety Committee 7:00 P.M.,Thursday,November 10,2005
City of Yorkville Conference Room
800 Game Farm Road
Ad Hoc Technology Committee T.B.A.
PRESENTATIONS
None.
PUBLIC HEARINGS
None.
CITIZEN COMMENTS
None.
CONSENT AGENDA
1. Building Permit Report for August and September 2005
2. Resolution 2004-77—Routine IDOT Highway Permit and Resolution—Old Castle
Bank—Entrance to Route 34-authorize City Clerk to execute
3. Agreement for Bike Path Easement for Grande Reserve- authorize the Mayor and
City Clerk to execute
4. Resolution 2005-78—Approving the Final Plat of Subdivision for Prestwick of
Yorkville Unit 1-authorize the Mayor and City Clerk to execute
Mayor Prochaska entertained a motion to approve the Consent Agenda as presented. So moved
by Alderman Leslie;seconded by Alderman Burd.
Motion approved by a roll call vote. Ayes-6 Nays-0
Burd-aye,Leslie-aye,Munns-aye,Spears-aye,Ohare-aye,Besco-aye
PLANNING COMMISSION/ZONING BOARD OF APPEAL
No report.
MINUTES FOR APPROVAL
A motion was made by Alderman Ohare to approve the minutes of the City Council meeting of
October 11,2005,the Special City Council meeting of August 30,2005 and the Committee of the
Whole meeting from August 30,2005;seconded by Alderman Leslie.
Motion approved as corrected by a viva voce vote.
BILLS FOR APPROVAL
A motion was made by Alderman Ohare to approve the paying of the bills listed on the Detailed
Board Report dated October 28,2005 totaling the following amounts:checks in the amount of
$1,389,904.25(vendors);$160,903.58(payroll period ending 10/15/05);for atotal of
$1,550,807.83 seconded by Alderman Munns.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye
REPORTS
MAYOR'S REPORT
Employment Agreement for Interim City Administrator
Mayor Prochaska entertained a motion to approve the hiring of Mr.John Crois as Interim City
Administrator and to approve the"Short Term Employment Agreement,Interim City
Administrator"as presented. So moved by Alderman Besco;seconded by Alderman Ohare.
Alderman Burd stated that she was excited about Mr.Crois coming on board and she welcomed
him to the United City of Yorkville.
Mayor Prochaska stated that he looked forward to working with Mr.Crois.
Motion approved by a roll call vote. Ayes-6 Nays-0
Spears-aye,Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye
The Minutes of the Regular Meetine of the City Council—November 8,2005—page 3
State Street Watermain—Davis Grant of Easement
Mayor Prochaska entertained a motion to approve the"Grant of Permanent Easement,Watermain
Easement Agreement"as presented. So moved by Alderman Leslie;seconded by Alderman
Ohare.
Motion approved by a roll call vote. Ayes-6 Nays-0
Besco-aye,Burd-aye,Leslie-aye,Munns-aye,Ohare-aye,Spears-aye
Tax Levy Ordinance Schedule
Mayor Prochaska reported that in an effort to keep everyone informed,the City Council should
have received the Tax Levy Ordinance Schedule in their packets.
City Hall Veteran's Day Schedule
Mayor Prochaska reported that due to the Veteran's Day holiday on November 11,2005,
Committee of the Whole packets will be distributed on Thursday,November 10,2005.
CITY COUNCIL REPORT
No report.
ATTORNEY'S REPORT
Robert's Rules 101
Attorney Wyeth went over the updated"Desk Guide"of the Robert's Rules(see attached). He
recapped main and subsidiary motions and went on to list the five privileged motions which do
not relate to pending business but pertain to special matters of immediate and overriding
importance. He noted that he would be going into more detail regarding the privileged motions at
future meetings.
CITY CLERK'S REPORT
No report.
CITY TREASURER'S REPORT
No report.
CITY ADMINISTATOR'S REPORT
No report.
FINANCE DIRECTOR'S REPORT
No report.
DIRECTOR OF PUBLIC WORKS REPORT
No report.
CHIEF OF POLICE REPORT
Chief Martin reminded everyone that there was a tornado watch until 1:00 a.m.the next morning
along with a severe thunderstorm watch until 3:00 a.m.the next morning.
EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT
No report.
COMMUNITY&LIAISON REPORT
Library Expansion Report
Tom Lindblom addressed the City Council with a progress report for the library expansion. He
reported that as he is overseeing the expansion,he is compiling a scrap book of events which is
available at the library's front desk. He reported that the Library Board brought him on board as
a liaison between the Board and the contractors. The first thing he did was to develop a schedule
for bid documents,awarding the contract,etc. He stated that there has only been one glitch in the
schedule due to a ten day delay with a bid opening due to some last minute changes from the
architect. The formal bid opening was on August 29,2005. Eleven general contractors submitted
bids and the project was awarded to Henry Brothers of Hickory Hills who is currently in the
process of finding subcontractors. On October 18,2005 the formal ground breaking was held and
the next day they began moving dirt.
He explained that there are two parts of this project;one is the addition to the current library and
the other is a detention pond on the south side of Yorkville High School. The detention pond is
being made larger to accommodate water run-off from the library and the future Game Farm
Road reconstruction. The work on the detention pond is partly done and the fill from the
detention pond is being used to create the pad for the library addition.
The Minutes of the Regular Meeting of the City Council—November 8,2005—page 4
Mr.Lindblom reported that construction began at the west wall and is moving clockwise. The
west and north footings have been poured and the east footings have been formed and are
scheduled to be poured tomorrow depending on the weather. The west foundation wall has also
been formed.
Mr.Lindblom asked the City Council if they had any questions and stated he would be happy to
come back in the future with further updates.
Mayor Prochaska stated that he would like Mr.Lindblom to come back in the future because he is
very informative and this helps keep the Council aware of the progress. Mr.Lindblom stated that
he was also pleased to report that the Library has received great cooperation from various groups
such as the City staff,School District,etc.
Alderman Besco asked if all the soil from the detention pond was being used. Mr.Lindblom
stated that not all the soil will be used and there have been people who have asked for the fill
including a contractor in Oswego who is willing to haul it away.
Senior Providers
Alderman Spears reported she attended the Senior Providers meeting on November 1,2005.
Items discussed were:
o The Kendall County Emergency Response Department program for evacuating
homebound individuals in the event of an emergency situation. A Special Needs
Advisory Panel is being developed to help identify the individuals who are unable to get
out of their home unassisted within a one hour time span. Ted Joyce from the
department attended and spoke to the group.
o The Kendall County Emergency Response Department is looking for volunteers for an
exercise being held on November 17,2005 from 1:00 to 4:00 p.m. The exercise will be
held at the Kendall County Heath Department and will involve a drill for distributing
mass antibiotics. Volunteers are needed to be"victims". Anyone interested should
contact Mr.Joyce at the Kendall County Heath Department.
o The 171h Annual Kane County Legislative forum addressing various senior issues is
being held on December 2,2005 from 9:00 to 11:00 a.m.in St.Charles,Illinois.
o Identa Austin has been selected to be a representative to the Illinois White House
Conference on Aging next month. She is one of thirty-five chosen in Illinois.
Metro West Meeting
Mayor Prochaska reported that he attended his first Metro West meeting where issues of water
supply and legislative concerns were discussed. He reported that Engineering Enterprises Inc.
(EEI)also attended the meeting. Also,Metro West has a legislative committee available to
investigate legislative issues for the communities in the group.
Kane/Kendall Council of Mayors
Mayor Prochaska reported that he attended the Kane/Kendall Council of Mayors where a
representative(Marilyn Michelini of Montgomery)was chosen to sit on the Chicago Area
Transportation Study(CATS)board. This is the group affiliated with the grant for improvements
on Game Farm Road.
Prairie Parkway
Mayor Prochaska reported that he met with some of the members of the Prairie Parkway team.
He stated that the Kendall County Mayors and Manager group of which he was a member is
being disbanded and it is being replaced with an advisory group consisting of the county board
chairmen from Kane,Kendall and Grundy Counties and all the mayors for all the communities
along the parkway which includes Yorkville. He reported that there are now two routes being
considered and he stated that he would keep the Council advised of any new information.
COMMITTEE REPORTS
PUBLIC WORKS COMMITTEE REPORT
No report.
ECONOMIC DEVELOPMENT COMMITTEE REPORT
No report.
PUBLIC SAFETY COMMITTEE REPORT
No report.
ADMINISTRATION COMMITTEE REPORT
No report.
The Minutes of the Regular Meeting of the City Council—November 8,2005—page 5
ADDITIONAL BUSINESS
Alderman Besco thanked the Public Works Department for their work with the leaf vacuum. He
stated that he has received a lot of positive comments from the public regarding this.Mayor
Prochaska agreed with Alderman Besco and reported that he received a voice mail before the
meeting from a citizen expressing his pleasure with the service being provided.
ADJOURNMENT
Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Leslie;seconded by
Alderman Spears.
Motion approved by a viva voce vote.
Meeting adjourned at 7:45 P.M.
Minutes submitted by:
Jacquelyn Milschewski,
City Clerk City of Yorkville,Illinois
Page 1 of 11 IDRAF]1
UNITED CITY OF YORKVILLE
COMMITTEE OF THE WHOLE
Tuesday, September 20, 2005
City Conference Room
7:00 p.m.
In Attendance:
Art Prochaska—Mayor John Wyeth—City Attorney
Valerie Burd-Alderwoman Eric Dhuse—Public Works Director
Paul James - Alderman Traci Pleckham—City Finance Director
Wanda Ohare- Alderwoman Tony Graff—City Administrator(7:10 to 7:30pm)
Jason Leslie, Alderman Laura Brown—Executive Director Parks &
Dean Wolfer- Alderman &Rec
Rose Spears —Alderwoman Bart Olson—Deputy Clerk
Joe Besco—Alderman Bill Powell—City Treasurer
Lynn Dubajic—Director Economic Development
Guests
Allecia Vermillion—Beacon News Kathy Farren—Kendall County Record
Nicole Ohare Wesoloski Pete Huinker
Phil Stuepfelt Cecelia Sanders
Identa Austin Curt Wood
Sandy Adams Chuck Byrum
Matt Cudney Gary Meyer
John Whitehouse
Mayor Prochaska said that the senior issues on the agenda would not be discussed at
this meeting. He then called the meeting to order at 7:47pm following the
Executive Session.
PUBLIC HEARINGS:
None
PRESENTATIONS:
1. Dr. Curt Wood— Council Procedures/City Administrator Position
Dr. Curt Wood of NIU was present to serve as an advisor to develop plans to
replace the City Administrator and hire an interim Administrator. He outlined the
options for an interim Administrator as follows:
1. Authorize the Mayor to serve as the City Administrator
2. Hire a City staff person
3. Hire a local person with knowledge of the City government
Page 2 of 11
4. Hire professional administrator who works with the ICMA Range Rider
program (Range Rider locates former administrators who are in transition
who essentially work on a volunteer basis)
Dr. Wood said he and Dr. Gabris (also of NIU) recommended the Range Rider
option for the following reasons:
1. There is no charge for the program
2. Provides professional management
3. Administrator can assist Council in developing ordinance for the position
4. Can assist the administrative and legislative task forces
Dr. Wood said the procedure that should be followed in selection of an interim
person should be a nomination by the Mayor with approval by City Council vote.
Another priority, he said, should be the establishment of an ordinance before the
permanent selection process begins since a prospective candidate will want an
ordinance in place. This ordinance should be created by the Mayor and Council
rather than the Administrative Task Force. He noted that a model ordinance had
been provided.
The next priority, according to Dr. Wood, is to approve by resolution, a governance
implementation plan at the next regular meeting. He also recommended two task
forces: legislative and administrative after the ordinance has been approved.
The legislative task force should do the following:
1. Re-design of current committee system
2. Create governance ordinance
The administrative task force should concentrate on the following points:
1. Develop communication mechanism between Administrator and Council
2. Find ways to free up time for Administrator to supervise staff and develop
communication with staff
3. Re-design Administrator's annual performance appraisal process
Dr. Wood outlined the last priority for the Council for hiring a permanent
Administrator. He said this should be done in-house and that the City should hire a
professional consultant to coordinate the process. The Council should work with
the Range Rider program for technical assistance. If the Range Rider program were
to be used throughout the entire process, then a charge would be assessed.
It was noted by Dr. Wood that the potential interim Administrators from Range
Rider might be retired or some might be seeking positions. Some committee
members said they felt that the interim person should be a retired person and not
seeking a permanent position. It was also suggested the interim person should be
someone who is familiar with a community the size of Yorkville.
Page 3 of 11
It was decided that Mayor Prochaska would bring forth a potential candidate for
approval by the Council. The ordinance will be formulated from the drafts provided
and from other examples available. Dr. Wood said the Council should consult the
City Attorney for any revisions to the model consistent with Yorkville's form of
government. The Mayor said he would like some drafts of the ordinance available
for the next C.O.W. meeting so that further discussion can take place.
Recommendations for the legislative process committee were: Val Burd-Chairman
and Wanda Ohare-Vice-Chair and other members-Joe Besco, Jason Leslie. City
staff would include City Administrator and also Dr. Wood.
Recommendations for the administrative task force were as follows: Mayor
Prochaska as Chairman, Rose Spears as Vice-Chair with other members-Paul James,
Dean Wolfer and Marty Munns. City staff would include City Administrator, City
Intern and also Dr. Wood.
These recommendations will be brought back to the October 4th C.O.W. meeting for
further discussion. Dr. Wood will also be present at that meeting.
Dr. Wood's presentation concluded at 8:12pm. Mayor Prochaska said he would
remove item#8 from the Mayor's Report since this had already been discussed.
DETAIL BOARD REPORT BILL LIST):
The following items from the bill list were discussed and the resolutions are
summarized:
1. Page 1: Police Department gasoline—with increased cost of gasoline, the
effect on the budget will be looked at.
2. Page 9: Rental generators—these are temporary for Woodworth since Bruell
Street station is completed.
3. Page 14: Stainless steel water cooler Beecher building drinking fountain
replacement
4. Page 21: police car M4 &M13 (two M13's were shown)
5. Page 1: Building&Zoning/Schramm Planning—front-funding is in
annexation agreement, if not passed, will be billed back.
6. Page 9/10: employees taking courses, Alderwoman Spears would like to see
names. Was in-house seminar.
7. Page 13: Business cards for Julie Ciesla who is an Accounting Clerk
8. Page 17: Nicor- 890--gas used at well house
This list will moved to City Council for approval.
Page 4 of 11
ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA:
1. Treasurer's Report for July 2005—Admin 9/1/05
This report was as of July 31St and Treasurer Powell reported that there was over
$10 million at the beginning of the month. Expenditures were approximately$3
million with an ending balance of $13,613,718.77. The Combined Fund
Balance reserve is at 28%. Alderwoman Ohare complimented Mr. Powell on a
good job.
This item moves to the consent agenda.
MAYOR:
1. Kendall County Ordinance Adopting and Implementing Agricultural
Conservation Easement and Farmland Protection Program— COW 9/6/05
Mayor Prochaska recommended a resolution of support for this program.
Alderman Besco asked for clarification on the makeup of the commission
members. The Mayor applauded this program for conservation areas and open
space etc. Attorney Wyeth will draft the resolution.
This moves to the consent agenda.
2. Invitation to Join Metro West Council of Government—COW 9/6/05
This is a council of government from the western suburbs, Kane, Kendall and
DeKalb Counties to join forces for a stronger voice pertaining to issues that
impact this area such as the cable consortium. There is a$3,500 fee that is
based on the population. Alderman Burd felt this was a good opportunity to
gather more information on specific issues and Mayor Prochaska recommended
that the City join this group. There was a brief discussion on the growing
population and whether the fees would be affected by that growth.
Attorney Wyeth said a motion would be needed to join this group and the fee
will be written into the motion. This will move to the City Council consent
agenda and Mayor Prochaska will send a memo to the aldermen to advise them
of the revenue source of the fee.
3. Revised Senior Facility Use Agreement Update— CC 9/13/05
4. Agreement with Salvation Army Golden Diner's Nutrition Program
5. Agreement with Community Nutrition Network &Senior Services
Association of Cook County
Above items tabled due to Executive Session
6. Review Process to Purchase Downtown Post Office Building Update
The City has been included on a list of interested parties for possible purchase of
the downtown post office and information will be sent to the City in October.
Page 5 of 11
7. Proposal for Cost of Doing a Feasibility Study for Downtown
Redevelopment TIF District Process
A scope of work will be forthcoming possibly by October 4th, from Lisa Lyons,
the qualifying TIF consultant. A contract will be approved after the scope of
work is received.
Alderwoman Burd commented on an article from The Beacon News dated
September 20. She was aware the TIF would be discussed tonight so she
contacted Attorney Kathleen On since Ms. Burd is a property owner in the TIF
area. She stated she would not be participating in these discussions.
This item will be brought back to a future C.O.W.
8. City Administrator Replacement
Not discussed
9. Part-time Employees Exceeding 1000 Hours
Administrator Graff noted that Chief Martin was unable to attend this meeting
tonight as he was called away for possible assistance in anticipation of a
hurricane in the southern states. Mr. Graff said there were two issues to be
discussed:
a.) The employee handbook states that a part-time employee cannot work
over 1,000 hours in a calendar year
b.) Two part time employees have exceeded those hours for the year: one
is a part-time police officer and the other is the administrative intern
The employee manual states that City Council permission is required for hours
greater than 1,000. Mr. Graff said these hours will be tracked in the future.
It was noted that those employee could be eligible for City benefits if the
Council decided and they would be eligible for IMRF. Mayor Prochaska said he
would instruct staff to begin paying IMRF on behalf of these two employees. It
was noted that even though Intern Bart Olson holds two positions,he is
considered"one" employee by IMRF.
Mayor Prochaska also would like the Administration Committee to explore the
possibility of a full time assistant to the Administrator. Ms. Spears added that
NIU recommended delaying the selection of an assistant until the new
Administrator was in place,however,the Mayor said he would like an assistant
on board to work with the interim person. The Council will move forward with
that suggestion.
This matter moves to the consent agenda.
Page 6 of 11
CITY ATTORNEY:
1. Heartland Circle Subdivision—Bollweg Easement
A memo from Attorney Wyeth gave the background of this item in which an
easement for a stormwater facility was granted to the City from Mr. &Mrs.
Michael Bollweg. Both Mr. Wywrot and Mr. Wyeth reviewed and approved
the actions taken and it was recommended that this item be moved forward to
the consent agenda for approval.
ECONOMIC DEVELOPMENT COMMITTEE:
1. Development Agreement and Rezoning for Robert and Debra Dearborn
201 S. Main Street& 204 Hydraulic Avenue— CC 9/13/05
This agreement was late for the previous week's meeting and it was voted to
move to City Council meeting in the coming week. The property owners wish
to change the zoning from R-2 to B-2.
This item moved to the consent agenda.
2. Del Webb Annexation and Planned Development Agreement—CC 9/13/05
Mayor Prochaska said this agreement had been through many committees
already and asked if any of the Council members had questions. Alderwoman
Ohare asked if all the fees had been agreed upon and Mayor Prochaska replied
that the fees are set by ordinance. It was noted that because of the community's
age restrictions, the developer is in discussions with the school district regarding
school fees.
It was suggested that a policy be in place on the use of land cash to benefit
senior citizens. It was noted that land cash is based on population.
Discussion turned to SSA's within this development. Mr. Cudney said his
company will come to a future meeting to request an SSA.
Alderwoman Spears asked if City services could adequately be provided in view
of the decreased building setbacks and architecture of the development. Ms.
Burd said that EEI had recommended that in areas of tight spaces such as the
northwest section of the development, the streets not be considered city streets
due to the potential of having to excavate for sewer/water repairs at taxpayer
cost. These streets would be designated as private streets. Mr. Whitehouse
added that the parkway is only 3 feet wide as opposed to the usual 13 feet.
Page 7 of 11
There was a lengthy discussion concerning rights-of-way, setbacks and widths.
Alderwoman Spears stated that she was not comfortable with the setbacks etc.,
as requested. Public Works Director Dhuse said the problems begin when one
reduced setback is combined with another,though he did add that in some older
parts of town, there are similar setbacks.
The duplexes in the Del Webb development present the greatest problems with
their reduced setbacks. The streets in these areas should be private, according
to Mr. Graff and it was noted that in some other Del Webb developments the
homeowners' association helps to pay for any potential repairs needed such as
sewer repairs. Mr. Whitehouse said some utilities may need to be put under the
pavement due to reduced setbacks and a letter of credit or bond or a backup SSA
was suggested as a possible solution for paying for repairs.
Snowplowing was another issue discussed. Mr. Graff asked if the developers or
an independent contractor could do the snowplowing in exchange for some of
the setback concessions. Mr. Cudney replied that after the community is turned
over to the homeowners' association,the residents would question why they are
being asked to pay twice as taxpayers. In the Del Webb communities, the
driveways are also plowed for the residents and Mr. Dhuse said the private
contractors in these situations often leave the snow piled in the streets. Then it
becomes the City's problem with no place to put the snow. It was suggested
that Yorkville's Public Works could contact the Huntley Public Works to see
how they address this problem.
In an effort to move this development forward, Mr. Cudney suggested coming
back to these issues and a possible compromise could be reached on the
remaining questions.
Alderwoman Spears questioned the four-foot width of the sidewalks since the
usual width is five feet. Mr. Cudney replied that the sidewalks in their
developments would incur less use in their communities. Ms. Spears said the
legality of accessibility for wheelchairs was an issue while on the other hand,
some Plan Commission members had said they did not wish to see the sidewalks
wide enough to be used by golf carts.
The Mayor suggested verbage in the agreement that would suggest solutions
being used in other developments. He asked Mr. Cudney to come back with
some answers on how the snow-plowing is addressed and asked for the revisions
to the agreement to be returned by the coming Friday.
Page 8 of 11
PARK BOARD:
No report.
PUBLIC WORKS COMMITTEE:
1. 129 Commercial Drive–Sidewalk Agreement–PW 8/22/05
2. Cannonball Run Plaza–Sidewalk Agreement–PW 8/22/05
3. XPAC–Sidewalk Agreement–PW 8/22/05
4. State Street Watermain–IDOT Highway Permit–PW 8/22/05
5. Cannonball Estates Phase 1–Letter of Credit Reduction #5 PW 8/22/05
6. Cannonball Estates Phase 2–Letter of Credit Reduction #4 PW 8/22/05
7. Raintree Village Unit 5–Earthwork Letter of Credit Reduction #1
PW 822/05
The Mayor and Alderman Besco said that the first seven items could move to
the consent agenda. Alderwoman Spears asked what remained on the punchlist
for item#6—Cannonball Estates, Phase 2. Significant headway is being made
on this item according to Joe Besco and the letter of credit more than adequately
covers the remaining items.
8. Route 47 Widening–Jefferson Street–PW 8/22/05
a. Schoppe Design Associates Proposal for Planning and Design Services
PW 8/22/05
A suggestion had been made that perhaps the costs could be reduced by IDOT
since not all dirt would be removed. Mayor Prochaska said that Schoppe's
proposal would require an inter-governmental agreement with the County since
funding would come from both the County and the City. A resolution would be
required for this agreement according to Attorney Wyeth and it could move to
the consent agenda.
9. EEI Consulting Agreement for Fox Road Regional Stormwater Study–
PW 8/22/05
Mr. Whitehouse said this study was suggested by Mr. Wywrot due to drainage
issues near the Fox Glen subdivision on the north side of Fox Road. This study
would be subject to developer funding. A reduced release rate would be
explored and the study would be done comprehensively rather than for
individual developments. It is hoped to do this before the entire area is fully
developed.
This will move to the consent agenda subject to front-funding by developers.
10. Final Acceptance of Street Lights in Heartland Circle–PW 8/22/05
The punchlist for the street lights has been accepted, however, a legal
interpretation will be needed on the warranty and Attorney Wyeth will provide a
memo next week. This item moves to Public Works.
Page 9 of 11
11. Results of Sale of Public Works' Vehicles& Equipment—PW 8/22/05
Public Works Director Eric Dhuse recently sold some equipment and the funds
will go to the capital funds for Public Works. He looks at the Kelley Blue Book
to determine current pricing. The winning bids were brought to this meeting so
that they could be moved forward to City Council for approval.
This item will be on the consent agenda.
12. Emergency Vehicle Pre-Emption Equipment—PW 8/22/05
This equipment is for emergency equipment and includes a flashing white light
when emergency vehicles are proceeding through intersections. Alderman
Besco said that developers will be requested to pay for this equipment as new
intersections are built. The cost of installation is about$10,000 per intersection
and does not include installation in vehicles. It was noted that pre-emption
equipment will eventually be installed at all the intersections of Rt. 47 within the
City at approximately 14 intersections. A reserve of money will be started for
the Rt. 47 project and will be placed in the Engineering capital improvement
fund. Liability issues were also mentioned pertaining to this equipment that
would be used by both the Police and Fire Departments.
This moves to the consent agenda.
13. Menard's Commercial Commons—Final Acceptance of Landscaping—
PW 8-22-05
The Commercial Commons area has been landscaped and Menard's requested
acceptance. Alderwoman Spears questioned the unfinished items referenced in
a memo from Joe Wywrot and it was requested to have this list attached for the
next week's City Council meeting. This item will be placed on the consent
agenda.
14. Policy to Allow Staff to Approve Letter of Credit Reductions &Accept
Public Improvements for Small Developments—PW 8/22/05
This policy was developed for the purpose of expediency for both the City and
developer. It was suggested that an amount be established that could be
approved without being brought before the full Council. It was recommended
that the City Engineer be authorized to approve these amounts and verbage will
be added that the Public Works Committee must be notified of these actions.
Mayor Prochaska suggested that he should also sign off. The committee then
decided that the Mayor ProTem would sign off in the Mayor's absence.
Alderwoman Burd said she was not in favor of the sign-off system since the
committee structure will be up for review and that no single alderman should be
placed above another
The policy will be revised and the draft moved to the consent agenda.
Page l0of11
15. Fox Hill Unit 3—Additional Parking—PW 8/22/05
This was referred back to the Public Works Committee.
16. FE Wheaton Expansion—Plat of Easement— CC 8/23/05
This was the approval of the water easement for the water main that loops
around the building.
It moves to the consent agenda.
17. Fox Hill Unit 5 Lot 2—IDOT Highway Permit
It is desired to make a longer turn lane at Sycamore and Rt. 34. In the new
IDOT procedure, the permit must be issued to the City and the City must
guarantee that the work will be done properly.
This moves to the consent agenda.
PUBLIC SAFETY COMMITTEE:
No report.
ADMINISTRATION COMMITTEE:
1. Raintree Village II—SSA Proposing Ordinance—Admin 9/1/05
This development has requested the next phase of their SSA and it was noted
that this was approved in the PUD and is approved in the ordinance. The
Administration Committee had recommended that this item be put on consent,
however, Alderwoman Spears requested that it be on the Administration agenda
for a vote.
2. Special Census Office Lease
Administrator Graff had received a proposal on the former Castle Bank that
would allow the City to rent space there for$2,000 per month plus $1,000 for
utilities. This would be for approximately two months. Mayor Prochaska
requested that in the future, a census should be done earlier since this one will be
in the midst of the time change and citizens are concerned when census-takers
are coming after dark.
Approximately 60 persons applied for the census-taker jobs, out of the 160
applicants hoped for.
This is a budgeted item and the Mayor will need to sign a"use" agreement. A
certificate of insurance has been obtained. This moves to consent agenda.
Page 11 of 11
ADDITIONAL BUSINESS:
Alderwoman Spears said that she had received phone calls regarding the need
for improvement of a park behind Pinewood Apartments near Rt. 126. Laura
Brown will be asked to look into this and it was also noted that Ms. Brown and
the Chief of Police have visited the site.
Alderwoman Spears asked about the status of the conservation area by
Blackberry Creek. There will be an upcoming Executive Session concerning
this.
Sunfield Restaurant and Burger King management have concerns regarding
having a left turn lane near their businesses according to Ms. Spears. Mayor
Prochaska responded by saying IDOT told them they needed to combine their
accesses. He also said he had suggested to Mr. Graff and Mr. Olson to involve
all the businesses in that area and reach a possible solution. Another possibility
was to extend the road that services the area behind these businesses. The
Mayor also stated that a"ring road"might be in the future when the area behind
these businesses is developed and Mr. Graff explained some of the issues that
IDOT has discussed with these businesses as well. Ms. Spears suggested that a
frontage road be considered for each commercial development such as this in the
future. A cross easement access is the best solution said the Mayor.
Mayor Prochaska said he had received an application for the Human Resource
committee member vacancy. That person is Madonna Bialek and he wishes to
propose her name at next week's Council meeting
The Mayor received several calls from residents whose sod dried up in the
drought this summer and they wondered if the City could compensate them. It
was noted that while there was a sprinkling ban, there was no ban against hand-
watering. In addition the committee members agreed this was an act of God.
Eric Dhuse reminded the committee that as of September 21st, night watering of
sod is being reinstated.
There was no further business and the meeting was adjourned at 10:32pm.
Minutes respectfully submitted by
Marlys Young, Minute Taker
i0VC ='. .
STATE OF ILLINOIS )
) ss
COUNTY OF KENDALL )
ORDINANCE No.2005-
ORDINANCE AMENDING CITY CODE TITLE 1 --ADMINISTRATION,
CHAPTER 6–MUNICIPAL OFFICERS AND EMPLOYEES
NEW ARTICLE "D" CITY ADMINISTRATOR
REGARDING CITY ADMINISRATOR ORDINANCE
Whereas the United City of Yorkville has taken up, discussed and considered
amending the City Code (Title and Chapter as referenced above) regarding the City
Administrator, and
Whereas the Mayor and City Council have discussed that it may be prudent to
amend Title 1 --Administration, Chapter 6–Municipal Officers and Employers by
adding new Article "D" City Administrator depicted on the attached Exhibit"A".
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a
majority of those so voting, that Title 1 --Administration, Chapter 6—Municipal Officers
and Employees of the City Code of the United City of Yorkville is hereby amended by
adding new Article "D" City Administrator, as depicted on the attached Exhibit"A".
This Ordinance shall be effective upon its passage.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,this Day of , A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of ,A.D. 2005.
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
.c0D CO). Reviewed By:
=
Ji 0 City Council
t: Legal
EST. 4it '�� �� Finance ❑
` 1836
:�� Engineer ❑
O �r 1 City Administrator ❑ Agenda Item Tracking Number
`a0 Consultant ❑ �� -72c C t -c I
El
City Council Agenda Item Summary Memo
Title: Rob Roy Creek Interceptor Funding and Easement Agreements
City Council/COW/Committee Agenda Date: CC—November 22, 2005
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: John Wyeth Legal
Name Department
Agenda Item Notes:
C` � ly ft-rgnILY
`�tio o United City of Yorkville Memo
�, ,� 'Q 800 Game Farm Road
EST ° ,F 1836 Yorkville, Illinois 60560
Telephone: 630-553-4350
o 11 o Fax: 630-553-7575
474CE ‘Nv
Date: November 21, 2005
To: Mayor and City Council
From: John Justin Wyeth
Subject: Rob Roy Creek Interceptor
Attached are Draft Agreements (Called Term Sheets) for Caldonia(Wyndham Deerpoint) and
Bristol Bay (Centex). They will be presented to you for consideration on Tuesday. The
agreements provide funding and easements for a portion of the Rob Roy Creek Sanitary Sewer
Interceptor.
A third agreement, Westbury (Ocean Atlantic) is still under negotiation, and will be presented to
you prior to the Council Meeting.
All three agreements will be contingent upon each other, and obtaining all easements necessary
for construction of the interceptor segments known as Contracts 5, 6, 7 (also known as North
Branch#1), and East Branch Contracts 1 and 2.
1TY 411-004E1 .92e-z
INTERCEPTOR SEWER AGREEMENT TERM SHEET
The following provides a general outline of the terms of an Interceptor Sewer
Agreement between the United City of Yorkville and Wyndham re: Caledonia
Subdivision.
City Obligations -to use its best efforts to:
1. Construct, or cause to be constructed, the Rob Roy Interceptor Sewer
System servicing the Property which system shall be operational for the benefit of the
Property on or before May 15, 2006.
2. Construct for benefit of the Interceptor Sewer, consistent with plans and
specifications prepared by YBSD's engineering consultant titled Rob Roy Creek
Interceptor Contract 5 on the Property. City shall issue bonds for the payment of costs
and expenses of the project in the amounts set forth on a per contract basis as set forth on
the attached Schedule"A".
Wyndham Obligations:
1. To cooperate in the issuance of a seven(7) year Municipal bond for the
construction of the Rob Roy Interceptor Sewer System.
2. To tender simultaneously with this Agreement easements for lands owned
or controlled by Wyndham as needed for the Rob Roy Interceptor Sewer Contract 5.
3. To guarantee semi-annual payments of sewer connection fees (on or
before May 1St and November 1st)based upon the greater of(a) the number of units for
which payments and permits were issued within the semi-annual term or(b) a minimum
of 8 on or before May 1, 2006, and 8 on or before November 1, 2006 and minimums of
15 on or before each of May 1St and November 1st(i.e. 30 per year) for each of the years
2007 through and including 2012. City shall not require any more than the minimums due
on a cumulative basis. (For example, no more than 204 shall be due on November 1,
2007).
4. In the event all guaranteed payments have not been paid by November 1,
2012, all amounts which are to be paid for the remaining number of approved units for
the Property shall immediately become due and payable as a"balloon"payment.
The foregoing presents an outline of terms, the final terms and conditions to be
agreed upon in good faith by the City and Wyndham as part of the ultimate creation of
the Municipal bond issue under the advice and counsel of William Blair& Company.
Caldonia/Wynham
United City of Yorkville:
Mayor
City Clerk
C(Ty It1icy12u YIt
1).
INTERCEPTOR SEWER AGREEMENT TERM SHEET
The following provides a general outline of the terms of an Interceptor Sewer Agreement
between and among the United City of Yorkville("City"), Yorkville Bristol Sanitary District
("YBSD") and Centex Homes ("Centex Homes").
City and YBSD Obligations -to use its best efforts to:
1. City and YBSD to construct, or cause to be constructed, the Rob Roy Creek
Interceptor Sewer System servicing the Property which system shall be operational for the
benefit of the Property on or before September 1, 2006.
2. City to construct or cause to be constructed for the benefit of YBSD and Centex
Homes the Interceptor Sewer generally from Illinois Route 47 to proposed Bristol Bay Drive,
consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob
Roy Creek Interceptor East Branch Contracts 1 and 2 on the Property. City shall issue bonds for
the payment for costs and expenses of the project on a per contract basis as set forth on the
attached Schedule "A, which bonds shall include One Million Five Hundred Fifty Thousand
Dollars ($1,550,000) specifically allocated to secure the obligation of the City under Paragraph C
below, provided any excess amount not needed to fulfill the City's obligations under Paragraph
C below may be used by the City for any permitted purpose or use under the terms of the bond
and related documents.
3. City, consistent with Section 19 of the Annexation Agreement, shall permit
Centex Homes to install temporary waste water holding tanks, and, if necessary, further permit
an increase in the number of units (subject to other governmental approvals) to be served based
upon need and the unavailability of an operational Rob Roy Creek Interceptor Sewer serving the
Property until the Rob Roy Creek Interceptor Sewer is operational to the Property. City shall
cooperate with Centex Homes, taking such actions and executing such permits or agreements,
intergovernmental or otherwise, as may be reasonably necessary to permit temporary sanitary
service, including transmission processes and treatment facilities, for the Property until the Rob
Roy Creek Interceptor Sewer is operational.
4. City to pay or YBSD to receive the funds, if any, referenced in Paragraph C
below.
Centex Homes Obligations:
A. To cooperate in the issuance of a seven (7) year Municipal bond for the
construction of the Rob Roy Creek Interceptor Sewer System.
B. In lieu of payment of Infrastructure Participation Fees (IPF) in the amount of One
Million Two Hundred Sixty-Five Thousand Thirty Dollars ($1,265,030) to the YBSD for
remaining portions of Centex Homes' Property, not currently annexed or for which Annexation
Fees or IPF have not been paid, upon City Council approval of construction contracts, Centex
Homes shall construct or cause to be constructed, at its expense, the portion of the Rob Roy
C1E99 4550565-5.001319.0306
L
Creek Interceptor Sewer to be located on the Property consistent with plans and specifications
prepared by YBSD's engineering consultant titled Rob Roy Creek Interceptor East Branch
Contract
C. Centex Homes shall present to the YBSD the cost of construction, on a customary
commercial bidding basis without overtime or prompt completion bonus, if any, for the portion
of the Rob Roy Creek Interceptor Sewer to be located on the Property for approval by YBSD's
consulting engineer, such consent not to be unreasonably conditioned, delayed or denied. To the
extent the approved construction costs is less than One Million Two Hundred Sixty-Five
Thousand Thirty Dollars ($1,265,030), Centex Homes shall pay to YBSD the difference in the
IPF Fees otherwise due, without interest, within six(6) months of the completion of the Rob Roy
Creek Interceptor Sewer constructed within the Property. To the extent the approved
construction costs is more than One Million Two Hundred Sixty-Five Thousand Thirty Dollars
($1,265,030), City shall pay or cause to be paid from the bond proceeds, consistent with the
terms of the bond and related documents, to Centex Homes the difference, without interest,
within ten (10) days of the completion of the Rob Roy Creek Interceptor Sewer constructed
within the Property. In determining the construction cost for the purpose of payment by or to
Centex Homes, Centex Homes may include the Fifty Thousand Dollars ($50,000) previously
paid to assist the City and YBSD in advancing the engineering for the Rob Roy Creek
Interceptor Sewer project. To the extent the funds allocated in the bonds under Paragraph 2
hereof are insufficient to fully compensate Centex Homes under this Paragraph C, Centex Homes
shall have the right to set off as against any and all fees due to the City or any other
governmental agency (excluding, however, Yorkville School District 115's impact fees, YBSD
fees and Bristol-Kendall Fire Protection District impact fees) in connection with the development
and improvement of the Property until Centex Homes has received, in total, the amounts due to
Centex Homes.
D. Notwithstanding Paragraph 9D of the Annexation Agreement, Centex Homes
waives its right to receive the seven and one-half percent (7%2%) management fee for the
construction of the Rob Roy Creek Interceptor Sewer as it relates solely to the Property.
E. Upon completion of construction by Centex Homes of the portion of the Rob Roy
Creek Interceptor Sewer on the Property, Centex Homes shall grant to YBSD a permanent
easement for the reconstruction, operation and maintenance of the Rob Roy Creek Interceptor for
lands owned or controlled by Centex Homes as needed for the Rob Roy Creek Interceptor Sewer
East Branch Contracts 1 and 2.
F. To guarantee semi-annual payments of sanitary sewer connection fees (on or
before May 1St and November 1st) based upon the greater of(i) the number of units for which
payments and permits were issued within the semi-annual term or (ii) a minimum of 82 on or
before May 1, 2006 and a minimum of 82 on or before November 1, 2006 and minimums of 150
on or before each May 1st and November 15t (i.e. 300 per year) for each of the years 2007
through and including 2012. Such guaranteed payments to be payable notwithstanding the fact
that the Rob Roy Creek Interceptor Sewer is not operational to serve the Property.
City shall not require any more than the minimums due on a cumulative basis. (For example, no
more than 464 shall be due on November 1, 2007).
- 2 -
CH199 4550565-5.001319.0306
G. In the event all guaranteed minimum connection fee payments have not been paid
by November 1, 2012, all amounts which are to be paid for the remaining number of approved
units for the Property shall immediately become due and payable as a"balloon"payment.
- 3 -
CH199 4550565-5.001319.0306
The foregoing presents an outline of terms,the final terms and conditions to be agreed
upon in good faith by the City, YBSD and Centex Homes as part of the ultimate creation of the
Municipal bond issue under the advice and counsel of William Blair& Company.
CENTEX HOMES,a Nevada general
partnership
By: Centex Real Estate Corporation,
a Nevada corporation and its
Managing General Partner
By:
Daniel L. Star
United City of Yorkville:
Mayor
City Clerk
Yorkville Bristol Sanitary District
By:
Name:
Its:
Dated:
-4 -
CHI99 4550565-5.001319.0306
INTERCEPTOR SEWER AGREEMENT TERM SHEET
The following provides a general outline of the terms of an Interceptor Sewer Agreement
between and among the United City of Yorkville("City"), Yorkville Bristol Sanitary District
("YBSD") and Centex Homes ("Centex Homes").
City and YBSD Obligations -to use its best efforts to:
1. City and YBSD to construct, or cause to be constructed, the Rob Roy Creek
Interceptor Sewer System servicing the Property which system shall be operational for the
benefit of the Property on or before September 1, 2006.
2. City to construct or cause to be constructed for the benefit of YBSD and Centex
Homes the Interceptor Sewer generally from Illinois Route 47 to proposed Bristol Bay Drive,
consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob
Roy Creek Interceptor East Branch Contracts 1 and 2 on the Property. City shall issue bonds for
the payment for costs and expenses of the project on a per contract basis as set forth on the
attached Schedule "A, which bonds shall include One Million Five Hundred Fifty Thousand
Dollars ($1,550,000) specifically allocated to secure the obligation of the City under Paragraph C
below, provided any excess amount not needed to fulfill the City's obligations under Paragraph
C below may be used by the City for any permitted purpose or use under the terms of the bond
and related documents.
3. City, consistent with Section 19 of the Annexation Agreement, shall permit
Centex Homes to install temporary waste water holding tanks, and, if necessary, further permit
an increase in the number of units (subject to other governmental approvals) to be served based
upon need and the unavailability of an operational Rob Roy Creek Interceptor Sewer serving the
Property until the Rob Roy Creek Interceptor Sewer is operational to the Property. City shall
cooperate with Centex Homes, taking such actions and executing such permits or agreements,
intergovernmental or otherwise, as may be reasonably necessary to permit temporary sanitary
service, subject to IEPA approval, if required. including transmission processes and treatment
facilities, for the Property until the Rob Roy Creek Interceptor Sewer is operational. City. YBSD
and Centex Homes shall cooperate each with the other in implementing temera anita
service for the benefit of the Property.
4. City to pay or YBSD to receive the funds, if any, referenced in Paragraph C
below.
Centex Homes Obligations:
A. To cooperate in the issuance of a seven (7) year Municipal bond for the
construction of the Rob Roy Creek Interceptor Sewer System.
B. In lieu of payment of Infrastructure Participation Fees (IPF) in the approximate
amount of One Million TweThree Hundred Sixty Five Thousand Thirty Dollars
($1,265,0301.300,000) to the YBSD for remaining portions of Centex Homes' Property, not
CHI99 4550565-3-0H431-9-93066 001319 0306-56
(11;22/05)
currently annexed or for which Annexation Fees or IPF have not been paid, upon City Council
approval of construction contracts, Centex Homes shall construct or cause to be constructed, at
its expense, the portion of the Rob Roy Creek Interceptor Sewer to be located on the Property
consistent with plans and specifications prepared by YBSD's engineering consultant titled Rob
Roy Creek Interceptor East Branch Contract .Contracts 1 and 2.
C. Centex Homes shall present to the YBSD the cost of construction, on a customary
commercial bidding basis without overtime or prompt completion bonus, if any, for the portion
of the Rob Roy Creek Interceptor Sewer to be located on the Property for approval by YBSD's
consulting engineer, such consent not to be unreasonably conditioned, delayed or denied. To the
extent the approved construction costs is less than One Million TweThree Hundred Sixty Five
Thousand Thirty Dollars ($1,265,0301.300.000) (or the actual IBF Fee as finally determined,as
the case may be), Centex Homes shall pay to YBSD the difference in the IPF Fees otherwise
due, without interest, within six (6) months of the completion of the Rob Roy Creek Interceptor
Sewer constructed within the Property. To the extent the approved construction costs is more
than One Million TweThree Hundred Sixty Five Thousand Thirty Dollars
($1,265,030_1,300,000) (or the actual IBF Fee as fnally_determineL_as the case maybe), City
shall pay or cause to be paid from the bond proceeds, consistent with the terms of the bond and
related documents, to Centex Homes the difference, without interest, within ten (10) days of the
completion of the Rob Roy Creek Interceptor Sewer constructed within the Property. In
determining the construction cost for the purpose of payment by or to Centex Homes, Centex
Homes may include the Fifty Thousand Dollars ($50,000) previously paid to assist the City-and
YBSD in advancing the engineering for the Rob Roy Creek Interceptor Sewer project. To the
extent the funds allocated in the bonds under Paragraph 2 hereof are insufficient to fully
compensate Centex Homes under this Paragraph C, Centex Homes shall have the right to set off
as against any and all fees due to the City or any other governmental agency (excluding,
however, Yorkville School District 115's impact fees, YBSD fees and Bristol-Kendall Fire
Protection District impact fees) in connection with the development and improvement of the
Property until Centex Homes has received, in total,the amounts due to Centex Homes.
D. Notwithstanding Paragraph 9D of the Annexation Agreement, Centex Homes
waives its right to receive the seven and one-half percent (7'/2%) management fee for the
construction of the Rob Roy Creek Interceptor Sewer as it relates solely to the Property.
E. Upon completion of construction by Centex Homes of the portion of the Rob Roy
Creek Interceptor Sewer on the Property, Centex Homes shall grant to YBSD aan exclusive
permanent easement for the reconstruction, operation and maintenance of the Rob Roy Creek
Interceptor for lands owned or controlled by Centex Homes as needed for the Rob Roy Creek
Interceptor Sewer East Branch Contracts 1 and 2.
F. To guarantee semi-annual payments of City's sanitary sewer connection fees (on
or before May 1st and November 1st) based upon the greater of(i) the number of units for which
payments and permits were issued within the semi-annual term or (ii) a minimum of 82 on or
before May 1, 2006 and a minimum of 82 on or before November 1, 2006 and minimums of 150
on or before each May 1st and November 1st (i.e. 300 per year) for each of the years 2007
through and including 2012. Such guaranteed payments to be payable notwithstanding the fact
that the Rob Roy Creek Interceptor Sewer is not operational to serve the Property.
-2 -
CH199 4550565-3-88 11'1 9:83066.001319.0306-56
(11/22/05)
City shall not require any more than the minimums due on a cumulative basis. (For example, no
more than 464 shall be due on November 1, 2007).
G. In the event all guaranteed minimum connection fee payments have not been paid
by November 1, 2012, all amounts which are to be paid for the remaining number of approved
units for the Property shall immediately become due and payable as a"balloon"payment.
H. Until the Rob Roy_Creek Interceptor Sewer is operational to serve the Property,
wastewater, including solid waste may be deposited into the YB SD system at a Cites manhole at
any time. such manhole oradditionalCity or YBSD manholes to be reasonablydesignated by_
YBSD with the concurrence of the City and Centex Homes, such designation and concurrence
not to be unreasonably conditioned,_delayed or denied. Until the Rob Roy Creek_Interceptor
Sewer is operational to serve the Property, wastewater, including solid waste. may be deposited
at the manhole(s)_subject to the following conditions:
(i) Centex Homes. with the assistance of the City and YBSD. shall
ap_plfor_pursue and receive re.uired IEPA .ermits or .ermission
if any. to implement temporary sanitary service for the benefit of
the Property.
ii Centex Homes shall utilize such temporary sanitary service on a
continuous 24 hour. 7 day a week program and shall provide to
YBSD. from time to time, such information as reasonably required
by the YBSD engineer with respect_to flows and discharges in
connection with the temporary sanitary service for the benefit of
the Property.
(iii) Centex Homes shall take such reasonable actions as may be
necessar.__or_desirable to minimize odor frons the storage and
transmission of wastewater, including solid waste. generally
consistent with the standards and results of the operation of the
YBSD sanitary treatment plant located on River Road, Yorkville,
Illinois.
(iv) Centex_Homes shall provide an aeration process and wastewater
temperature control system as part of the temporary sanitary
service, such aeration process and temperature control system to be
reasonably approved by the YBSD engineer, such approval not to
be unreasonably conditioned, denied or delayed.
(v) Centex Homes shall provide an over-flow alarm system as part of
the temporary sanitary service, such alarm system to be reasonably
approved by the YBSD engineer, such approval not to be
unreasonably conditioned. denied or delayed.
vi Centex Homes shall use its best efforts to construct or cause to be
constructed that portion of the Rob Roy Creek Interceptor Sewer
to be located on Property by May 15, 2006.
- 3 -
CH199 4550565-5-00-1,L1-9-03-G66 0013)9.03 06-56
(1-1/22105.)
vii Centex Homes shall pay the reasonable fees of a qualified
inspector suggested by Centex Homes and agreed to._and retained
by YBSD to oversee the operation of the temporary sewer service
for the benefit of the Property, provided, however, no additional
fees or costs, other than existing YBSD fees. shall be applicable to
the Property or Centex Homes as a result of the to porary_sewer
service for the benefit of the Property.
(viii) Centex Homes shall pay the reasonable fees of the YBSD counsel
in connection with the creation of this term sheet and any further
memorializing of the agreement among the City. YBSD and
Centex Homes.
-4 -
CHI99 4550565 5.0013 19-02.666 001319 0306-56
(.I.1L22105.)
The foregoing presents an outline of terms, the final terms and conditions to be agreed
upon in good faith by the City,YBSD and Centex Homes as part of the ultimate creation of the
Municipal bond issue under the advice and counsel of William Blair& Company.
CENTEX HOMES,a Nevada general
partnership
By: Centex Real Estate Corporation,
a Nevada corporation and its
Managing General Partner
By:
Daniel L. Star
United City of Yorkville:
Mayor
City Clerk
Yorkville Bristol Sanitary District
By:
Name:
Its:
Dated:
- 5 -
CHI99 4550565--5-484-49-411466� . 004'719.0,06-56
L1.1/22105.)
AGREEMENT BY AND BETWEEN
OCEAN ATLANTIC/PFG-WESTBURY, LLC
AND THE CITY OF YORKVILLE REGARDING
THE ROB ROY CREEK SANITARY SEWER INTERCEPTOR
THIS AGREEMENT ("Agreement') is dated as of the day of
, 2005, and is by and between OCEAN ATLANTIC/PFG-WESTBURY LLC,
a California limited liability company, ("Developer") and THE UNITED CITY OF YORKVILLE, a
municipal corporation organized and existing under the laws of the State of Illinois ("City") the
Developer and the City are collectively referred to herein as the "Parties").
IN CONSIDERATION of the recitals, mutual covenants and agreements set forth herein
and other good and valuable consideration, the receipt of which is hereby acknowledged, the
Parties agree as follows:
1. BACKGROUND.
A. The Developer is the owner of certain parcels of real estate in the City of
Yorkville, State of Illinois ("City"), which real estate parcels are legally described in
Exhibit A attached hereto and are commonly known as Westbury Village and South
Village. ("Subject Property")
B. The Westbury Village parcel is subject to that certain Amendment to
Annexation Agreement, Annexation Agreement and Planned Unit Development dated as
of September 9, 2004 by, between, and among the Developer, the City, and the Estates
of Richard A. Undesser Jr. and Henrietta Undesser ("Westbury Annexation
Agreement").
C. Pursuant to the Westbury Annexation Agreement, the City warranted that
not later than June 1, 2005, it would finance, design, construct, and install a sanitary
sewer pipeline, together with all necessary equipment and appurtenances ("Sanitary
Sewer Interceptor"), over, along, upon, across and under the Subject Property to a
point just south of Rob Roy Creek.
D. The City will issue approximately $12,000,000 in bonds to finance the
design, construction, and installation of the Sanitary Sewer Interceptor.
E. In order to construct the Sanitary Sewer Interceptor, the City has
requested that the Developer grant a temporary construction and permanent easement
("Sanitary Sewer Interceptor Easement") across a portion of the Subject Property from
Corneils Road to Galena Road for the benefit of the Yorkville-Bristol Sanitary District
("YBSD") who will construct, install, and maintain the Sanitary Sewer Interceptor on
behalf of the City.
F. The Parties desire to enter into this Agreement to assist the City in
financing the bonds, to further clarify the terms and conditions of the Westbury and
South Village Annexation Agreements, and, to ensure that the construction and
installation of the Sanitary Sewer Interceptor is completed in a timely manner across the
Subject Property.
2. CITY OBLIGATIONS.
A. Sanitary Sewer Interceptor. The City agrees to design, construct, and
install, or cause the design, construction, and installation of, the Sanitary Sewer
Interceptor pursuant to the plans and specifications for the Sanitary Sewer Interceptor
prepared by YBSD at locations described and depicted on the easements to be tendered
by the Developer with this Agreement. The City shall use its best efforts to obtain
engineering, award contracts, and generally construct the Sanitary Sewer Interceptor so
that it is installed, operational, and available for use:
From the south boundary line of the Subject Property at Corneils Road to
the intersection of Rob Roy Creek ("Contract 6") on or before May 15,
2006; and
ii. From the intersection of Rob Roy Creek and the northern boundary line of
the Subject Property at Galena Road ("Contract T') on or before July 15,
2006.
The City agrees and acknowledges that any award of a contract for the construction of
sanitary sewer pipeline or appurtenant facilities on properties to be served through
connections to the Sanitary Sewer Interceptor, other than upon the Subject Property,
shall not impede the installation of the Sanitary Sewer Interceptor for Contract 7.
If the Sanitary Sewer Interceptor is not installed, operational, and available for use for: (i)
Contract 6 on or before May 15, 2006 or (ii) Contract 7 on or before July 15, 2006, the
Developer shall have the right, but not the obligation, to install the Sanitary Sewer
Interceptor for Contract 6 or Contract 7, as applicable. If the Developer installs any
portion of Contract 6 or Contract 7 as provided in this paragraph, the Developer shall be
entitled to collect a management fee from the City of 8% of the cost of the installation, as
provided for in Section 6 A-3 of the Westbury Annexation Agreement, and shall be
entitled to seek recapture from properties benefited by the Sanitary Sewer Interceptor for
such costs.
B. Financing.
Bonds. On or before December 1, 2005, the City shall adopt an
ordinance authorizing and providing for the issuance of $12,000,000 in
bonds for the purpose of financing the design, construction, and
installation of the Sanitary Sewer Interceptor. Notwithstanding the terms
of this Agreement, the Developer shall have no obligation with respect to
the administration, issuance, servicing, or payment of the bonds.
ii. Agreement Between City and YBSD. The City warrants and guarantees
that it will satisfy all terms and conditions of that certain Agreement
Between YBSD and the City for the Rob Roy Creek Interceptor dated
June 14, 2004 ("YBSD Agreement') including, but not limited to, the
payment of all funds as required by Section 2 of the YBSD Agreement in
order to insure the completion and availability of the Sanitary Sewer
Interceptor at the locations, and on or before the dates, provided in
Subsection 2A.
2
C. Approval of Preliminary Plans. The City shall provide its best efforts to
expedite its review and consideration of all required preliminary and final plans for the
Subject Property and any future properties which the City annexes that become part of
the Westbury development including, but not limited to, expedited review of preliminary
site plans, engineering plans, landscaping plans, signage plans, and other required
submittals. The Parties acknowledge and agree that expedited review shall mean
consideration for approval before the City Council within 90 days of the submittal of any
required preliminary or final plan and shall be reconsidered for approval by the City
Council, if necessary, within 30 days thereafter. For example, the City agrees that it
shall review and consider for approve the revised preliminary site plans, engineering
plans, landscaping plans, and signage plans for the development of that portion of
Westbury Village north of Rob Roy Creek, such that all required consideration for
approvals for such plans are acquired by, and vested in, the Developer on or before
March 1, 2006 if the Developer submits such plans by December 1, 2005.
3. DEVELOPER OBLIGATIONS.
A. Sanitary Sewer Interceptor Costs. Developer's financial obligation to
the City for the costs of designing, constructing, and installing the Sanitary Sewer
Interceptor, including all costs of debt service on the Bonds ("Sanitary Sewer
Interceptor Costs"), is limited solely to the terms and conditions of the Westbury
Annexation Agreement. Pursuant to Subsection 14C of the Westbury Annexation
Agreement, the City Sewer Connection Fee is equal to $2,000, payable per individual
residential dwelling unit concurrent with the building permit application for the unit.
Pursuant to Subsection 14L of the Westbury Annexation Agreement, the YBSD
Interceptor Participation Fee is equal to $3,015 per acre for the 43 acre "Annexation
Parcel" only, as that term is defined in the Westbury Annexation Agreement.
Therefore, the "Developer's Total Contribution"for the Sanitary Sewer Interceptor
Costs shall be as follows:
City Sewer Connection Fee: 890 units times $2,000 = $1,780,000
YBSD Interceptor Participation Fee: 43 acres times $3,015 = 129,645
Developer's Total Contribution $1,909,645
B. Developer Minimum Payments. In order to assist the City with the
Sanitary Sewer Interceptor Costs, the Developer agrees to make certain minimum
payments ("Minimum Payment') of the Developer's Total Contribution on a biannual
basis, and the City agrees to reimburse the Developer for the Engineering Fees, as
follows:
The Developer shall pay to the City the amount of the Minimum Payment,
or an adjusted amount as provided herein, at the end of each six-month
period as provided in Schedule A. The Developer shall receive a credit
against the Minimum Payment for any City Sewer Connection Fees paid
during the previous six-month period. For example, on May 1, 2006, the
Developer shall owe a Minimum Payment of $72,000. However, if the
Developer shall have paid $40,000 in Sewer Connection Fees during the
previous six-month period (for 20 permits), the Developer shall owe a
Minimum Payment of$32,000.
3
ii. If the Developer pays City Sewer Connection Fees during a previous six-
month period in excess of the Minimum Payment for the corresponding
period, the Developer shall not owe the Minimum Payment and shall
receive a credit against the Minimum Payment for the following six-month
period. For example, on May 1, 2006, the Developer shall owe a Minimum
Payment of $72,000. However, if the Developer shall have paid $100,000
in Sewer Connection Fees during the previous six-month period (50
permits), no Minimum Payment shall be required and the Developer shall
have a credit of $28,000 applied against the Minimum Payment Due on
November 1, 2006. Credits may be carried-over from one six-month
period to the next.
iii. The Developer's obligation to make Minimum Payments shall terminate,
and be of no further effect, upon the cumulative payment by the Developer
of the Developer's Total Contribution.
Schedule A
Developer Minimum Payment Schedule
Due Date Minimum Payment Minimum Number of Permits for Period
5/1/2006 $72,000 36
11/1/2006 72,000 36
5/1/2007 130,000 65
11/1/2007 130,000 65
5/1/2008 130,000 65
11/1/2008 130,000 65
5/1/2009 130,000 65
11/1/2009 130,000 65
5/1/2010 130,000 65
11/1/2010 130,000 65
5/1/2011 130,000 65
11/1/2011 130,000 65
5/1/2012 130,000 65
11/1/2012 130,000 65
5/1/2013 76,000 38
YBSD Interceptor Fee* 129,645
*Due date to be determined $1,909,645 890
C. Engineering Fee Reimbursement. Notwithstanding the Minimum
Payment schedule provided in Subsection 4B of this Agreement, the Developer shall
have no obligation to pay any City Sewer Connection Fees, YBSD Interceptor
Participation Fees, or Minimum Payments unless and until the City shall have made a
cash payment to the Developer, or provided the Developer a credit against fees owed,
4
equal to the amount of the Engineering Fee ($650,000). The City acknowledges and
agrees that it shall not require the payment of any City Sewer Connection Fee or
Minimum Payment, and shall immediately pay on Developer's behalf any obligation of
the Developer to pay all or a portion of the YBSD Interceptor Participation Fees, as long
as the City owes the Developer any portion of the Engineering Fee. The City also
acknowledges and agrees that it shall not withhold the issuance of any permit for the
failure of the Developer to pay a City Sewer Connection Fee or Minimum Payment while
the City owes the Developer any portion of the Engineering Fee.
D. Grant of Easement. Upon the issuance of the bonds by the City, the
execution of this Agreement by the Parties, and the award of contract for the
construction of the Sanitary Sewer Interceptor for Contract 6, the Developer shall sign
and execute the Sanitary Sewer Interceptor Easements for Contract 6 and Contract 7.
4. DEFAULT. If it should appear at any time that a Party ("Defaulting Party") has
failed or refused to prosecute, or has delayed in the prosecution of, the obligations described in
this Agreement with diligence at a rate that assures completion of the obligations in full
compliance with the requirements of this Agreement, or has otherwise failed, refused, or
delayed to perform or satisfy the obligations or any other requirement of this Agreement ("Event
of Default'), and fails to cure any such Event of Default within ten business days after receipt of
written notice of such Event of Default from the other Party ("Nondefaulting Party"), then such
Nondefaulting Party shall have the right, without prejudice to any other remedies provided by
law or equity, to perform all or any part of the obligations that are the subject of the Event of
Default, to seek specific performance of the Defaulting Party, and to recover from the Defaulting
Party any and all damages, liabilities, losses, and expenses including attorneys' fees and
administrative expenses.
5. ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES. The City agrees
that the Developer may assign its rights or delegate its duties under this Agreement to any
person or entity.
6. AMENDMENT. This Agreement may be modified, amended, or annulled only by
the written agreement of the Developer and the City.
7. SEVERABILITY. If any provision of this Agreement is construed or held to be
void, invalid, illegal, or unenforceable in any respect, the remaining part of that provision and the
remaining provisions of this Agreement shall not be affected, impaired, or invalidated thereby, but
shall remain in full force and effect. The unenforceability of any provision of this Agreement shall
not affect the enforceability of that provision in any other situation.
8. INTERPRETATION. This Agreement shall be construed without regard to the
identity of the party who drafted the various provisions of this Agreement. Moreover, each and
every provision of this Agreement shall be construed as though all parties participated equally in
the drafting of this Agreement. As a result of the foregoing, any rule or construction that a
document is to be construed against the drafting party shall not be applicable to this Agreement.
9. AUTHORITY TO EXECUTE. The Developer hereby warrants and represents to
the Developer that the person executing this Agreement on its behalf have been properly
authorized to do so by the Developer's corporate authorities. The City hereby warrants and
represents to the Developer that the person executing this Agreement on its behalf have been
properly authorized to do so by the City's corporate authorities.
5
10. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which shall be deemed to constitute a duly authorized original.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
on the date first above written.
ATTEST: OCEAN ATLANTIC/PFG-WESTBURY, LLC
By: By:
Its: Its:
ATTEST: THE UNITED CITY OF YORKVILLE
By: By:
Its: Its:
#3373868_v9
6
EXHIBIT A
WESTBURY VILLAGE PARCEL
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE
EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF
SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO
THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST
LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF
THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST
QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE
TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST
LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST
ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8;THENCE NORTH ALONG THE
EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING, (EXCEPT THAT PART DEDICATED TO THE
PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED
FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE
PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY
DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147), IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE EAST HALF OF
SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE CENTERLINE OF THE OLD GALENA ROAD WITH THE
EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF
SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTERLINE OF OLD GALENA ROAD TO THE
WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE
AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080 FEET NORTH OF THE
SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE
NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF
SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID
SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE
OF SAID SECTION 8 TO THE POINT OF BEGINNING (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF
THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931,AND RECORDED FEBRUARY 17, 1931,
IN DEED RECORD 77, (PAGE 583) AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE
STATE OF ILLINOIS BY WARRANTY DEED DATED JANUARY 8, 1991, AND RECORDED AS DOCUMENT
910147 IN THE OFFICE OF THE KENDALL COUNTY RECORDER, AND ALSO EXCEPT THAT PORTION OF
GALENA ROAD DEDICATED PER DOCUMENT 145193, AND ALSO EXCEPT THEREFROM THAT PART
PREVIOUSLY ANNEXED TO THE CITY OF YORKVILLE, ALL IN BRISTOL TOWNSHIP, KENDALL COUNTY,
ILLINOIS.
SOUTH VILLAGE PARCEL
THAT PART OF THE NORTHWEST 1/4 OF SECTION 17 AND THE EAST % OF THE NORTHEAST 1/4 OF
SECTION 18, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID EAST 1/2 OF THE
NORTHEAST 1/4 OF SECTION 18; THENCE SOUTH 0 DEGREES, 22 MINUTES, 35 SECONDS EAST ALONG
THE WEST LINE OF SAID EAST 1/2 OF THE NORTHEAST '/< 1668.70 FEET TO THE NORTH LINE OF
PROPERTY CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY WARRANTY DEED RECORDED
FEBRUARY 28,1972 AS DOCUMENT 72-892;THENCE NORTH 88 DEGREES, 22 MINUTES, 03 SECONDS EAST
ALONG SAID NORTH LINE, 2865.87 FEET TO THE NORTHEAST CORNER OF SAID THE COMMONWEALTH
EDISON COMPANY PROPERTY; THENCE SOUTH 00 DEGREES, 22 MINUTES, 56 SECONDS EAST ALONG
THE EAST LINE OF SAID THE COMMONWEALTH EDISON COMPANY PROPERTY, 975.25 FEET, MORE OR
LESS, TO THE SOUTH LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 88 DEGREES, 20
7
MINUTES, 43 SECONDS EAST ALONG SAID SOUTH LINE 458.62 FEET, MORE OR LESS, TO THE EAST LINE
OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE NORTH 00
DEGREES, 23 MINUTES, 10 SECONDS WEST ALONG THE EAST LINE OF THE WEST 'A OF THE EAST '' OF
SAID NORTHWEST 1/4, 1543.12 FEET; THENCE NORTH 88 DEGREES, 07 MINUTES, 57 SECONDS EAST
653.59 FEET, MORE OR LESS, TO THE EAST LINE OF SAID NORTHWEST 1/4 OF SECTION 17; THENCE
NORTH 00 DEGREES, 23 MINUTES, 23 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST 1/4
1104.36 FEET, MORE OR LESS, TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 OF SECTION 17;
THENCE SOUTH 87 DEGREES, 58 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID
SECTION 17, 1353.09 FEET;THENCE SOUTH DEGREES, 53 MINUTES,22 SECONDS EAST 291.72 FEET TO A
POINT ON THE PROLONGATION SOUTHEASTERLY OF THE CENTER LINE OF CORNEILS ROAD; THENCE
NORTH 85 DEGREES, 28 MINUTES, 45 SECONDS WEST ALONG SAID PROLONGATION AND SAID CENTER
LINE OF CORNEILS ROAD, 2681.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING (EXCEPT THAT
PART DESCRIBED AS FOLLOWS; THAT PART OE THE NORTHWEST 1/4 OF SECTION 17, TOWNSHIP 37
NORTH, RANGE EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID NORTHWEST 1/4; THENCE SOUTH 88 DEGREES, 28 MINUTES, 22
SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1091.77 FEET FOR A POINT OF
BEGINNING;THENCE SOUTH DEGREES, 28 MINUTES, 22 SECONDS WEST ALONG SAID NORTH LINE 261.32
FEET; THENCE SOUTH 07 DEGREES, 23 MINUTES, 50 SECONDS EAST, 291.32 FEET; THENCE NORTH 37
DEGREES, 05 MINUTES, 47 SECONDS EAST, 370.92 FEET TO THE POINT OF BEGINNING), IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
8
ACKNOWLEDGEMENTS
STATE OF ILLINOIS
) SS.
COUNTY OF )
The foregoing instrument was acknowledged before me on
2002, by the of OCEAN
ATLANTIC/PFG-WESTBURY, LLC, an Illinois limited liability corporation, which individual is
known to me to be the identical person who signed the foregoing instrument as such officer of
the Developer for and on behalf of said Developer, and that he or she executed the same as his
or her free and voluntary act and deed, and as the free and voluntary act and deed of the
Developer, for the uses and purposes herein mentioned.
Given under my hand and official seal this day of , 2005.
Signature of Notary
SEAL
My Commission expires:
STATE OF ILLINOIS )
SS.
COUNTY OF )
The foregoing instrument was acknowledged before me on
2005, by , the of THE
UNITED CITY OF YORKVILLE, which individual is known to me to be the identical persons who
signed the foregoing instrument as such officer of the City for and on behalf of said City, and
that he or she executed the same as his or her free and voluntary act and deed, and as the free
and voluntary act and deed of the City, for the uses and purposes herein mentioned.
Given under my hand and official seal this day of , 2005.
Signature of Notary
SEAL
My Commission expires:
&(/N'
`,CEO Ct4 Reviewed By:
Ja O� Le al 111City Council
"` g
EST. 4 a `"" 1836 Finance ■
Engineer ■
-t s ' City Administrator ❑ Agenda Item Tracking Number
O� '�, ADM 2005-09m ad Consultant ❑
Ken daNComfy
<LE ,��� Human Resources ■
Labor Attorney ■
City Council Agenda Item Summary Memo
Title: Engineering Assistant Revised Job Description
City Council/COW/Committee Agenda Date: City Council 11/22/2005
Synopsis: Revision of existing job description to better reflect current job functions.
Council Action Previously Taken:
Date of Action: None Action Taken:
Item Number:
Type of Vote Required: Simple majority
Council Action Requested: Approval
Submitted by: Bart Olson (via Joe Wywrot at Admin) Admin
Name Department
Agenda Item Notes:
Minor revisions brought up at Admin have been completed. However, a memo outlining the
salary range for this position was left out of the packet on accident. As a result, the memo (by
Joe Wywrot)has been added to this packet. Therefore, an additional memo outlining the
discussion on the salary range has been provided for this packet. Also, the labor attorney has
provided some comments, which have been added to the job description.
COUNTY OF KENDALL )
) ss
STATE OF ILLINOIS )
RESOLUTION NO. 2005 -
A RESOLUTION APPROVING THE REVISED JOB DESCRIPTION FOR THE
POSITION OF ENGINEERING ADMINISTRATIVE ASSISTANT
(FORMERLY KNOWN AS "ENGINEERING ASSISTANT")
IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS
WHEREAS,the Mayor and City Council of UNITED CITY OF YORKVILLE,
after careful consideration, have found and deemed it necessary for the benefit of the
UNITED CITY OF YORKVILLE to revise the job description for the position of
Engineering Assistant; and
WHEREAS, the job position for Engineering Assistant will be revised to have
the duties and responsibilities as set forth in the attached job description(Exhibit"A");
and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE UNITED CITY OF YORKVILLE THAT THE JOB
DESCRIPTION FOR THE POSITION OF ENGINEERING ASSISTANT IS HEREBY
REVISED.
Said position will be directed by and report directly to the City Engineer. The job
description(as revised by this resolution) for said position is attached hereto and is made
part hereof as Exhibit"A". said description hereby taking the place of the former job
description for Engineering Assistant. The hiring of a person to fill the said position
should be subject to all probationary rules and regulations as set out in the current
Employee Manual.
This resolution shall become effective upon its passage.
PAUL JAMES MARTY MUNNS
JASON LESLIE WANDA OHARE
VALERIE BURD ROSE SPEARS
DEAN WOLFER JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois,
this day of ,A.D. 2005.
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County,
Illinois,
this day of , A.D. 2005.
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
630-553-8570
DRAFT i I/1A,
(LT
UNITED CITY OF YORKVILLE
Eneineerine Administrative Assistant
JOB DESCRIPTION
Department: Engineering
Reports To: City Engineer
Status: Full-time Non-Exempt
Positions Supervised: None
Salary Range Administrative Support Staff
Position Description Overview:
This individual will be responsible for invoicing and maintaining project developer accounts
for Attorney, Land Planner, contracted engineering firms, and all other outside contracted
firms' fees with monthly summary reports to Finance Director and City Administrator. This
position also consists of project and phase tracking, assigning commercial and residential
addresses miscellaneous Auto Cad mapping, preparation of IDOT Bid Tabulation forms, and
residential&commercial punch list and final inspections processing.
Essential Job Functions:
1. Create Project Development Administration and Deposit Account ledgers; update and
maintain accurately.
2. Generate Project Development invoices for Attorney and Land Planner's fees, Public
Works, as well as contracted Engineering Firms, Building Department and all other
outside firms' fees subject to City reimbursement.
3. Establish monthly summary worksheets of fees collected past due accounts,
developer account balances, and project phase tracking. Submit monthly to Finance
Director and City Administrator for Mayoral/Council review.
4. Import updates to the city Subdivision Control Ordinance and Standard Specifications
for Improvements.Maintain familiarity with Ordinance to assist builders and outside
engineering firms with compliance-related design issues and situations.
5. Assign addresses for residential and commercial Developments in accordance with
City Grid Map; distribute notification with maps to pertinent staff and agencies.
Occasional on-site inspection as necessary to complete.
6. Print Auto Cad maps for front desk sales, design address maps, execute Metes and
Bounds descriptions,location areas,and other functions as requested by Engineer.
DRAFT
7. Prepare IDOT Bid Tabulation forms, City project bid packets, bid holder lists, and
attend and record vital statistics at City bid openings. Substitute for City Engineer
opening and reading bids as necessary.
8. Complete departmental purchasing; log expenditures and track expenses to ensure
departmental budgets are not exceeded.
9. Review subdivision and development plan submittals with regards to streets layout
and spelling, as they relate to addressing. Track and ensure approved historical street
name use by development.
10. Track development IL EPA water and sanitary permits and applications; work with
Public Works Water Operators acquiring chlorination lab reports and mapping test
points.Process IL EPA Operating Permit&Permit Partials requests.
11. Perform preliminary in-house review of builder's final site grading plan submittals to
verify the approved engineering grading plans have been matched. Request revisions
and/or additional spot elevation grades as necessary; compile inspection packet for
engineering technician to perform onsite field inspections.
12. Process field inspection paperwork, request builder escrow funds for completion of
public/site improvements for final inspection of lot/home completion, coordinate
temporary occupancy certificate release and expiration date, track completion of
public/site improvements, and close lot file for release of builder escrow funds and
final occupancy certificate release.
13. Serve as liaison with county mapping department, neighboring communities, and
Sidwell Company for identification of City parcels, tax identification numbers,
website design properties,property lines, and parcel ownership.
14. Various other duties and responsibilities as directed by the Engineer.
15. Answer telephones and greet customers.
Position Requirements—Knowledge,Skills, and Abilities:
1. Demonstrate a broad-based knowledge of Microsoft Excel and Microsoft Word
programs. Demonstrate basic knowledge of AutoCAD software sufficient to print
documents and create simple line drawings.
2. Ability to operate a variety of office equipment, including but not limited to
computer, typewriter, copier, fax, scanner, large-scale plotter, and calculator, with
minimal supervision.
3. Display professionalism and maintain strict confidentiality.
4. Exhibit mathematical and analytical qualities.
DRAFT
5. Possess proficient customer service skills.
6. Excellent communication and writing skills.
7. Highly organized and able to prioritize job assignments.
Minimum and Preferred Experience and Education:
1 1. Associates Degree with special emphasis on Engineering/Technical Fields. Data
Management or a,ny approved equivalent combination of experience and education - Deleted:A j
that provides the required knowledge, skills, and abilities to perform job duties as
stated above at the discretion of the City Engineer.
2. Willingness to attend training classes to increase knowledge of job-related skills and
responsibilities.
• --f Deleted:11
Associates Degree with special emphasis
i on Engineering/Technical Fields,Data 1
3. Possession of valid Illinois Driver's License and Insurance. •, Management.
\,\I Formatted:Bullets and Numbering
-*. Must successfully complete a background investigation. Formatted:Bullets and Numbering
Formatted:Bullets and Numbering
The fisted 1 d. 1 1 ' the ofthat
il:. duties above are intended t only as an ii�.J�.a ..a of;ue various i
/ �_� iQb.i,
may be required and are not exhaustive. The omission of specific statements of duties does
note exclude them from the position if the work is similar, related, or a logical assignment to
the position. This job description does not constitute an employment agreement between the
employer and the employee, and is subject to modification at the discretion of the employer
as the needs of the employer and/or agency change, or requirements of the position change -j Deleted:The duties listed above are
intended only as an illustration of the
various types of tasks that may be
required.The omission of specific
statements of duties does not exclude
them from the position if the work is
similar,related,or a logical assignment to
the position.This job description does not
constitute an employment agreement
between the employer and employee.and
is subject to modification by the
employer as the needs of the employer
and/or agency change,or requirements of
L the position change.¶
AFormatted:DocID
i
CHI 10952779.1 ✓'
DRAFT C /1/\., ( c ,)7
UNITED CITY OF YORKVILLE
Engineering Administrative Assistant
JOB DESCRIPTION
Department: Engineering
Reports To: City Engineer
Status: Full-time Non-Exempt
Positions Supervised: None
Salary Range Administrative Support Staff
Position Description Overview:
This individual will be responsible for invoicing and maintaining project developer accounts
for Attorney, Land Planner, contracted engineering firms, and all other outside contracted
firms' fees with monthly summary reports to Finance Director and City Administrator. This
position also consists of project and phase tracking, assigning commercial and residential
addresses miscellaneous Auto Cad mapping, preparation of IDOT Bid Tabulation forms, and
residential & commercial punch list and final inspections processing.
Essential Job Functions:
1. Create Project Development Administration and Deposit Account ledgers; update and
maintain accurately.
2. Generate Project Development invoices for Attorney and Land Planner's fees, Public
Works, as well as contracted Engineering Firms, Building Department and all other
outside firms' fees subject to City reimbursement.
3. Establish monthly summary worksheets of fees collected past due accounts,
developer account balances, and project phase tracking. Submit monthly to Finance
Director and City Administrator for Mayoral/Council review.
4. Import updates to the city Subdivision Control Ordinance and Standard Specifications
for Improvements. Maintain familiarity with Ordinance to assist builders and outside
engineering firms with compliance-related design issues and situations.
5. Assign addresses for residential and commercial Developments in accordance with
City Grid Map; distribute notification with maps to pertinent staff and agencies.
Occasional on-site inspection as necessary to complete.
6. Print Auto Cad maps for front desk sales, design address maps, execute Metes and
Bounds descriptions, location areas, and other functions as requested by Engineer.
DRAFT
7. Prepare IDOT Bid Tabulation forms, City project bid packets, bid holder lists, and
attend and record vital statistics at City bid openings. Substitute for City Engineer
opening and reading bids as necessary.
8. Complete departmental purchasing; log expenditures and track expenses to ensure
departmental budgets are not exceeded.
9. Review subdivision and development plan submittals with regards to streets layout
and spelling, as they relate to addressing. Track and ensure approved historical street
name use by development.
10. Track development IL EPA water and sanitary permits and applications; work with
Public Works Water Operators acquiring chlorination lab reports and mapping test
points. Process IL EPA Operating Permit & Permit Partials requests.
11. Perform preliminary in-house review of builder's final site grading plan submittals to
verify the approved engineering grading plans have been matched. Request revisions
and/or additional spot elevation grades as necessary; compile inspection packet for
engineering technician to perform onsite field inspections.
12. Process field inspection paperwork, request builder escrow funds for completion of
public/site improvements for final inspection of lot/home completion, coordinate
temporary occupancy certificate release and expiration date, track completion of
public/site improvements, and close lot file for release of builder escrow funds and
final occupancy certificate release.
13. Serve as liaison with county mapping department, neighboring communities, and
Sidwell Company for identification of City parcels, tax identification numbers,
website design properties, property lines, and parcel ownership.
14. Various other duties and responsibilities as directed by the Engineer.
15. Answer telephones and greet customers.
Position Requirements—Knowledge, Skills, and Abilities:
1. Demonstrate a broad-based knowledge of Microsoft Excel and Microsoft Word
programs. Demonstrate basic knowledge of AutoCAD software sufficient to print
documents and create simple line drawings.
2. Ability to operate a variety of office equipment, including but not limited to
computer, typewriter, copier, fax, scanner, large-scale plotter, and calculator, with
minimal supervision.
3. Display professionalism and maintain strict confidentiality.
4. Exhibit mathematical and analytical qualities.
DRAFT
5. Possess proficient customer service skills.
6. Excellent communication and writing skills.
7. Highly organized and able to prioritize job assignments.
Minimum and Preferred Experience and Education:
1. Associates Degree with special emphasis on Engineering/Technical Fields, Data
Management or any approved equivalent combination of experience and education
that provides the required knowledge, skills, and abilities to perform job duties as
stated above at the discretion of the City Engineer.
2. Willingness to attend training classes to increase knowledge of job-related skills and
responsibilities.
3. Possession of valid Illinois Driver's License and Insurance.
4. Must successfully complete a background investigation.
The duties listed above are intended only as an illustration of the various types of tasks that
may be required and are not exhaustive. The omission of specific statements of duties does
note exclude them from the position if the work is similar, related, or a logical assignment to
the position. This job description does not constitute an employment agreement between the
employer and the employee, and is subject to modification at the discretion of the employer
as the needs of the employer and/or agency change, or requirements of the position change.
CHI 10982729.1
' 0 Ci?..i. Reviewed By:
..$.* i 0.0 Legal ❑ City Council
FinanceEI
EST.kw
1836
�_ Engineer ❑
-C , * . City Administrator ❑ Agenda Item Tracking Number
X11 L Co �O� Consultant ❑ -+ ltit cci-) "M
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City Council Agenda Item Summary Memo
Title:
City Council/COW/Committee Agenda Date: Raintree Village II SSA 2005-107
Establishing Ordinance
Synopsis: This was last presented at the 10/18/05 COW meeting. Three binders are available
at City Hall (underneath staff/consultant mailboxes)that contains copies of both the
Establishing Ordinance and Bond Ordinance for Raintree II SSA.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Traci Pleckham Finance
Name Department
Agenda Item Notes:
/ M/n1 ,` :11 7
We/my/I-am/deMEMORANDUM
TO: United City of Yorkville
FROM: Peter Raphael
RE: Document Approval
DATE: November 14, 2005
In preparation for the November 8th Board Meeting, I wanted to outline the documents that will be before
the Board for approval relating to Special Service Area Number 107. Essentially there are two ordinances
and a host of exhibits. The ordinances will be presented in final form and the exhibits in substantially
final form.
Document Parties Description
1) The Establishing Ordinance Village (establishes the Special Service Area)
-Exhibit A-Certificate NA (certificate of publication of notice)
-Exhibit B-Receipt NA (evidence of mailing of notice)
-Exhibit C—Legal Description NA (legal description of Area)
-Exhibit D-Map NA (map of Area)
-Exhibit E—Special Tax Roll and Report David Taussig& (sets forth the tax on each parcel)
Associates(DTA)
2) The Bond Ordinance Village (authorizes the issuance of the Series 2005-107
Bonds)
-Exhibit A—Legal Description NA (legal description of Area)
-Exhibit B—Trust Indenture Village and Trustee (the Trust Indenture controls the flow and investment
of funds)
-Exhibit C—Bond Purchase Agreement Village and (Agreement whereby William Blair&Company
William Blair agrees to purchase the Bonds)
-Exhibit D—Agreement for Public Village and (Agreement setting forth the Village's and Lennar's
Improvements Lennar responsibilities for constructing the public
improvements)
-Exhibit E—Limited Offering Village and (the document used by the Underwriter to sell the
Memorandum Lennar Bonds)
-Exhibit F-Agreement for Village and DTA (Agreement hiring DTA to assist in the preparation of
Consulting Services the Special Tax Roll and Report)
-Exhibit G-Agreement for Village and DTA (Agreement hiring DTA to administer Special
Administrative Services Service Area Number One)
WILLIAM BLAIR & COMPANY, L.L.C.
222 WEST ADAMS STREET CHICAGO, ILLINOIS 60606 312.236.1600 WWW.WILLIAMBLAIR.COM
FN1/1 I(.1 7
,QED Cir,, Reviewed By:
Legal al ElCity Council
e �`` Finance 0
ESTii4F iris Engineer ❑
n �► City Administrator 1=1 Agenda Item Tracking Number
� t�-31 o Consultant ❑ NI,I c;CZ'15 - I CO
<LE IVB 1=1
City Council Agenda Item Summary Memo
Title:
City Council/COW/Committee Agenda Date: Raintree Village II SSA 2005-107 Bond
Ordinance
Synopsis: This was last presented at the 10/18/05 COW meeting. Three binders are available
at City Hall (underneath staff/consultant mailboxes) that contains copies of both the
Establishing Ordinance and Bond Ordinance for Raintree II SSA.
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by: Traci Pleckham Finance
Name Department
Agenda Item Notes: