Ordinance 2018-03 X01 ��0i�0��'t20
DEBBIE GILLETTE..
RECORDER - KENDALL COUNTY, IL
RECORDED: 2/21/281816-46 AM
ORDI: 47.88 RHSPS FEE: 18.88
PAGES: 12
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2018-03
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
APPROVING A SECOND AMENDMENT TO THE ANNEXATION AGREEMENT
DATED APRIL 26,2005,PERTAINING TO THE BRISTOL BAY SUBDIVISION
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 9t'day of January,2018
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL,60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on January 31,2018.
Ordinance No. 2018-
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,]KENDALL COUNTY,
ILLINOIS,APPROVING A SECOND AMENDMENT TO THE ANNEXATION
AGREEMENT DATED APRIL 26,2005,PERTAINING TO THE BRISTOL BAY
SUBDIVISION
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, Section 11-15.1-1 et seq. of the Illinois Municipal Code (65 ILCS 5111-
15.1-1
111-15.1-1 et. seq.) grants the City with authority to enter into an annexation agreement with one or
more owners of land in an unincorporated territory; and,
WHEREAS, on April 26, 2005, the City entered into an Annexation Agreement (the
"Original Agreement") with MSRET LLC, a Delaware limited liability company, LaSalle Bank
National Association under Trust Agreement dated April 1, 2005, known as Trust No. 133367,
LaSalle Bank National under Trust Agreement dated April 1, 2005, known as Trust No. 133368
and LaSalle Bank National Association under Trust Agreement dated April 1, 2005 known as
Trust No. 133370; Lay-Com, Inc, an Illinois corporation; JR Yorkville L.L.C., an Illinois limited
liability company and NR Yorkville L.L.C., an Illinois limited liability company, and as co-
trustees of EMR Trust No. 100 dated December 10, 2002 (the "Owners") and Centex Homes, a
Nevada general partnership(the"Developer"); and,
WHEREAS, the Original Agreement pertained to approximately 631 acres of property
(the "Subject Property") and provided for certain residential, agricultural, and commercial
development upon the Subject Property in accordance with a preliminary plat of subdivision
attached to the Original Agreement(the "Bristol Bay Subdivision"); and,
Ordinance No.2018- 0 3
Page 2
WHEREAS, in order to continue development of portions of the Subject Property owned
by the Developer, a first amendment to the Original Agreement was approved on July 13, 2010
(the Original Agreement as amended shall be referred to as the "Amended Agreement") as a
result of significant changes in the residential real estate market and in order to benefit the
Bristol Bay Subdivision; and,
WHEREAS, the Developer owns Units 9, 10, 11, 12 and 13 of the Subject Property, of
which Units 9 and 11 were subdivided into lots 1, 2, 3 and 4 (the "Developer's Property")
pursuant to a Final Plat of Resubdivision dated December 6, 2017 and approved by the Mayor J
and City Council (the"Corporate Authorities")on A�J UA P- � ,2018; and,
WHEREAS, the Developer has requested that the Amended Agreement be further
amended to provide for the release of a portion of certain performance bonds, to the Developer
on the condition that certain restrictions be recorded against those portions of Developer's
Property; and,
WHEREAS, a public hearing on the Developer's request, as required by Section 11-
15.1-3 of the Illinois Municipal Code (65 ILCS 5/11-15.1-3) was held on December 12, 2017,
before the Corporate Authorities after publication of notice thereof was made not more than 30
nor less than 15 days prior to the date of the public hearing in a newspaper of general circulation
in the City; and,
WHEREAS, the Corporate Authorities believe it to be in the best interests of the City
and its residents to grant the Developer's request and amend the Amended Agreement pursuant
to the terms and conditions as set forth in a second amendment.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Ordinance No.2018- a3
Page 3
Section 1. That the recitals in the preambles to this Ordinance are incorporated into this
Section 1 as if fully set forth herein.
Section 2. That the Second Amendment to the Annexation Agreement Dated April 26,
2005, Pertaining to the Bristol Bay Subdivision, attached hereto and made a part hereof, is
hereby approved and the Mayor, City Clerk, and City Administrator are hereby authorized to
execute and deliver said Agreement and undertake any and all actions as may be required to
implement its terms on behalf of the City.
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of �°' , A.D. 2018.
CITY- CLEFk
CARLO COLOSIMO y KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER y JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ "--
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this 0?3 day of J A9,AU4RY ,A.D. 2018.
-A4.1 4�&
MA O
V" I-
Attest:
CITY CLERK
Ordinance No.2018-03
Page 4
SECOND AMENDMENT TO THE ANNEXATION AGREEMENT DATED
APRIL 26,2005,PERTAINING TO THE BRISTOL BAY SUBDIVISION
This Second Amendment (the "2017 Amendment") to the Annexation Agreement dated
April 26, 2005 (the "2005 Annexation Agreement"), pertaining to the Bristol Bay Subdivision is
entered into this a 3 , day of J A k LA A f2 Y , 2018, by and between the United City of
Yorkville, Kendall County, Illinois, a municipal corporation and Centex Homes, a Nevada
General Partnership ("Centex").
PREAMBLES
WHEREAS, on April 26, 2005, the United City of Yorkville(the "City"), entered into an
Annexation Agreement as to a Portion of the Property, Amended and Restated Annexation
Agreement as to a Portion of the Property and Planned Unit Development Agreement (the
"Annexation Agreement") with MSRET LLC, a Delaware limited liability company, LaSalle
Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No.
133367, LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known
as Trust No. 133368 and LaSalle Bank National Association under Trust Agreement dated April
1, 2005, known as Trust No. 133370; Lay-Com, Inc., an Illinois corporation; JR Yorkville
L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited
liability company, as tenants in common; and, John Rosenwinkel and Susan Rosenwinkel,
individually, and as co-trustees of EMR Trust No. 100 dated December 10, 2002 (hereinafter
collectively referred to as "Owners") and Centex Homes, a Nevada general partnership
(hereinafter referred to as "Developer"); and,
WHEREAS, the Annexation Agreement addressed approximately 631 acres of property
(the "Subject Property"), and set forth all of the terms and conditions regarding the development
of the Subject Property with single-family detached residences; townhomes, two-family and
1
multi-family residences; a 2.3 acre agricultural area; and, a commercial district all as depicted on
the Preliminary Plat attached to said Annexation Agreement and designated as the 'Bristol Bay
Subdivision"; and,
WHEREAS, since April 26, 2005, a portion of the Subject Property has been developed
with single-family detached, single-family attached, and multi-family residences, however, the
majority of the acreage remain undeveloped; and,
WHEREAS, in order to proceed with the development of portions of the Subject
Property which contain land or improvements owned by Centex, amendments of certain
provisions of the Annexation Agreement were approved July 13, 2010 (the "2010 Amendment"),
as deemed necessary to reflect the significant changes in the residential real estate market
thereby benefitting all of the residents of Bristol Bay Subdivision as well as the residents of the
City; and,
WHEREAS, a portion of the Subject Project is still owned by Centex and includes Units
9, 10, 11, 12 and 13; and,
WHEREAS, pursuant to a Final Plat of Resubdivision dated December 6, 2017,
approved by the Mayor and City Council (the "Corporate Authorities") on 3 ANUA-P_Y 9, 2018,
Unit 9 was subdivided into Lot 3 (the developed portion) consisting of approximately .660 acres
and Lot 4 (the undeveloped portion consisting of approximately 5.191 acres; and, Unit 11 was
subdivided into Lot 1 (the developed portion) consisting of approximately 3.981 acres and Lot 2
(the undeveloped portion) consisting of approximately 5.191 acres); and,
WHEREAS, Centex has requested that the Annexation Agreement, as amended by the
2010 Amendment, be further amended to provide that all construction guarantees previously
delivered to the City for Units 10, 12, 13 and lots 2 and 4 as required by Section 11-5-2 of the
2
City Code, in the form of performance bonds in the amount of 120% of the full cost of all
improvements (as estimated by the City Engineer) for said Units and lots (the "Undeveloped
Properties"), be released to Centex on the condition that there shall be recorded against the title
of these Undeveloped Properties an objection, that shall run with the land, providing that no
permits shall be issued by the City for any of the Undeveloped Properties for development of any
kind unless and until construction guarantees in the amount and form as required by Section 1I-
5-2 of the City Code have been provided to the City; and,
WHEREAS, in response to the request of Centex, the City has agreed to release the
performance bonds held by the City for Units 9, 10, 11, 12 and 13 to be replaced with a new
$200,000 security deposit to cover any maintenance on utilities, soil erosion and sedimentation
control; and,
WHEREAS, Section 33 of the Annexation Agreement at paragraph BB provides:
"BB. Amendment. This Agreement may be amended only by the mutual
consent of the Parties, by adoption of an ordinance by the City approving said
amendment as provided by law, and by the execution of said amendment by the
parties or their successors in interest. The Parties acknowledge that certain future
amendments may affect only a portion of the Property. In such event, this
Agreement may be amended by written agreement between the City and the legal
owner of fee title to that portion of the Subject Property which is subject to and
affected by such amendment as provided by law, provided, that such amendment,
if not executed by the then owner of other portions of the Subject Property, shall
in no manner alter, amend, or modify any of the rights, duties or obligations as set
forth in this Agreement as they pertain to such other portions of the Subject
Property." [Emphasis added.]
WHEREAS, the City is prepared to agree to Centex' request to reduce the amount of the
performance bonds held by the City so long as there is replacement bond provided to the City by
the Owner of the Undeveloped Property in the amount of$200,000 for the purpose hereinabove
3
set forth and amend the Annexation Agreement, as amended by the 2010 Amendment, upon
compliance with all of the terms and conditions as hereinafter set forth; and,
WHEREAS, the public hearing, as required by Section 11-15.1-3 of the Illinois
Municipal Code, was held on December 12, 2017, before the Corporate Authorities after
publication thereof having been not more than 30 nor less than 15 days prior to the date of the
public hearing, in a newspaper of general circulation in the City; and,
WHEREAS, the portions of the Annexation Agreement to be amended, as hereinafter set
forth, pertain solely to that portion of the Subject Property which is owned by Centex and which
is legally described on Exhibit A, and therefore pursuant to Section 33, paragraph BB, Centex
has entered into this 2018 Agreement with the City.
NOW, THEREFORE, in consideration of the foregoing preambles and the mutual
covenants hereinafter set forth, the receipt and sufficiency of such consideration being hereby
acknowledged, Centex and the City agree as follows:
1. The foregoing preambles are hereby adopted as if fully restated herein.
2. Section 11 of the Annexation Agreement is hereby amended by authorizing the
City to reduce all performance bonds now in its possession for the Undeveloped
Properties which include Units 10, 12 and 13, and Lot 1, and Lot 2 to $200,000 to
cover maintenance of utilities, soil erosion and sedimentation which bond shall
remain in place until future development of the Undeveloped Properties occur;
and, Centex hereby authorizes the City to record an objection against the title to
all of said Undeveloped Properties which objection shall run with the land,
requiring construction guarantees in an amount equal to one hundred twenty
percent (120%) of the total cost of improvements, as estimated by the City
4
Engineer, prior to any development of the Undeveloped Properties or any portion
thereof and the issuance of a building permit for the construction of any
improvement thereon.
3. The City hereby agrees to release to Centex the performance bonds it currently
holds as construction guarantees for the improvements required to the twenty-five
foot (25') extension of Bristol Bay Drive,; and fifty foot (50')' extension of
Bertram Drive, Unit 1 upon payment to the City of a total amount of one hundred
seventy-one thousand six hundred dollars ($171,600) for both of the aforesaid
improvements.
4. The City and Centex agree that all terms of the Annexation Agreement, as
amended by the 2010 Amendment, other than the terms hereinabove amended,
remain in full force and effect.
[SIGNATURE PAGE TO FOLLOW]
5
IN WITNESS WHEREOF, the parties hereto have caused this 2018 Amendment to the
Annexation Agreement dated April 26, 2005, as amended on July 13, 2010 by the 2010
Amendment pertaining to the Bristol Bay Subdivision to be executed by their duly authorized
officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois municipal
Corporation
By:_'ZZ'w
May
Attest:
City Clerk
Centex Homes,a Nevada limited liability
company,a successor by legal conversion to
Centex Real Estate Corporatio s anaging
pa
rtn
By:
Name: „b e: e tZ
Its: `1) 40 u� L.r,..)
Attest:
Secretary
6
Exhibit A
Legal Description
D651 Prairie Pointe Drive I Suite 201 1 Yorkville,IL 60560 HRGREEN.COM
Main 630.553.7560 + Fax 630.553.7646
HRGreen
Resubdivision of Bristol Bay
Lot 2048—Unit 9 and Lot 2049—Unit 11
Legal Descriptions
HRG Job# 170554.01
LOT 2048 OF BRISTOL BAY P.U.D.-UNIT 9,BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF
SECTION 4 TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE
NORTHEAST QUARTER OF SECTION 9,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 11,2007 AS DOCUMENT
200700027593,IN THE UNITED CITY OF YORKVILLE, BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS.
AND
LOT 2049 OF BRISTOL BAY P.U.D.-UNIT 11,BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 4 TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 11,2007 AS DOCUMENT 200700027594 IN THE
UNITED CITY OF YORKVILLE,BRISTOL TOWNSHIP,KENDALL COUNTY, ILLINOIS.
LAND S�,
PREP N O ER 27,201Jr�5.
EERNARD J.gAUER';��=
qC; 035-003799 :p
PREPARED BY:BERNARD J.BAUER AUROpRLL�
ILLINOIS PROFESSIONAL LAND S16BU RI B3 9
LICENSE EXPIRES:11/30/2018 ',q�F OF ��,V�,•`
J:120171171554.011SurveylLega11170554.01-Resub_Legal.doex