Ordinance 2017-37 Repealed by Ordinance No. 2017-43
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2017-37
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A THIRD AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY,ILLINOIS AND THE RYLAND GROUP,INC.A MARYLAND
CORPORATION d/b/a RYLAND HOMES
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 25 h day of July,2017
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Ordinance No.2017-2-1—
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING A THIRD AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS AND THE RYLAND GROUP, INC.A MARYLAND
CORPORATION d/b/a RYLAND HOMES
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, on June 8, 2000, the City entered into a Planned Unit Development
Agreement with Michael Wheeler, Robert E. Davidson, Jr., and George Engel (the "Owners")
whereby the Owners agreed to develop real property consisting of approximately 163.522 acres,
primarily for residential use with a portion designated for commercial use all as consistent with
the City's zoning ordinance(the "Windett Ridge Subdivision"); and,
WHEREAS, On November 26, 2002, the Planned Unit Development Agreement was
amended to, among other things, change the approved zoning for townhomes to the zoning for
single-family residences and to amend the area designated for commercial use (the "First
Amendment"); and,
WHEREAS, after only a portion of the Windett Ridge Subdivision was completed, a
foreclosure action was commenced and thereafter The Ryland Group, Inc., a Maryland
corporation d/b/a Ryland Homes ("Ryland Homes") purchased an approximately 130 acre
undeveloped portion of the Windett Ridge Subdivision zoned for residential purposes (the
"Subject Property"); and,
WHEREAS, Ryland Homes proceeded with the development of the Subject Property in
accordance with the approved zoning and all commitments undertaken by the Owners pursuant
Ordinance No.2017- 31
Page 2
to the Planned Unit Development Agreement as amended in 2002 and pursuant to the terms and
conditions of an August 27, 2013 second amendment to the Planned Unit Development
Agreement(the "Second Amendment"); and
WHEREAS, under the Second Amendment, Ryland Homes was presented with an
itemization of the City's Engineer's Opinion of Probable Construction Costs (the "EOPCC")
which list was required to be completed by Ryland Homes on or before August 27, 2017; and,
WHEREAS, it has been determined that certain items identified on the EOPCC remain
incomplete and Ryland Homes has requested additional time to enable it to complete such items;
and,
WHEREAS, the Mayor and City Council of the City have determined that it is in the
best interests of the City and the health, safety, morals and welfare of its residents and taxpayers
to grant the request of Ryland Homes and provide additional time for Ryland Homes to complete
the remaining items on the EOPCC in accordance with the terms and conditions of a third
amendment to the Planned Unit Development Agreement.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Third Amendment to the Planned Unit Development Agreement
Between the United City of Yorkville, Kendall County, Illinois and the Ryland Group, Inc., a
Maryland Corporation d/b/a Ryland Homes, 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 Amendment and undertake any and all actions as may be required to implement
its terms on behalf of the City.
Ordinance No.2017-37
Page 3
Section 2. 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. 2017.
City Clerk
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI ARDEN JOE PLOCHER
CHRIS FUNKHOUSER JOEL FRIEDERS
SEAVER TARULIS ALEX HERNANDEZ
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of ,A.D. 2017.
Mayor
Attest:
CITY CLERK
Ordinance No.2017-37
Page 4
THIRD AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
AND THE RYLAND GROUP,INC.,A MARYLAND CORPORATION
d/b/a RYLAND HOMES
(Windett Ridge Subdivision)
This Third Amendment (the "Third Amendment") to that certain Planned Unit
Development Agreement by and among the United City of Yorkville, Kendall County, Illinois
and Michael Wheeler, Robert E. Davidson, Jr., and George Engel (the "Owners"), dated June 8,
2000, as amended November 26, 2002 (the "First Amendment"), as further amended August 27,
2013 (the "Second Amendment") is by and between the United City of Yorkville, Kendall
County, Illinois and The Ryland Group, Inc., a Maryland corporation d/b/a Ryland Homes
("Ryland Homes"), successor in interest to the Owners and is entered into this day of
August, 2017.
WITNESSETH:
WHEREAS, the Owners entered into a Planned Unit Development Agreement in 2000
with the United City of Yorkville, Kendall County, Illinois (the "City") whereby the Owners
agreed to develop real property consisting of approximately 163.522 acres, primarily for
residential use with a portion designated for commercial use all as consistent with the City
Zoning Ordinance(the"Windett Ridge Subdivision"); and,
WHEREAS, in 2002,the Planned Unit Development Agreement was amended to change
the approved zoning for townhomes to the zoning for single-family residences,to amend the area
designated for commercial use and such other matters deemed necessary to proceed with the
development of the Windett Ridge Subdivision; and,
1
WHEREAS, a portion of the approximately 163.522 acres was developed and 106 single
family residences were constructed, however, development was discontinued and ownership of
the undeveloped portion of the Windett Ridge Subdivision was foreclosed upon by the financing
entity and thereafter made available for purchase; and,
WHEREAS, Ryland Homes purchased that portion of the Windett Ridge Subdivision,
which is zoned for residential purposes, (approximately 130 acres) legally described on Exhibit
A, attached hereto and made a part hereof (the "Subject Property") and proceeded with the
development of the Subject Property in accordance with the approved zoning and all
commitments undertaken by the Owners pursuant to the Planned Unit Development Agreement
as amended in 2002 and certain other terms and conditions as set forth in the Second
Amendment; and,
WHEREAS, as provided in the Second Amendment, Ryland Homes was presented with
an itemization of the City's Engineer's Opinion of Probable Construction Costs (the "EOPCC")
which list was required to be completed by Ryland Homes on or before August 27,2017; and,
WHEREAS, it has been determined that certain items identified on the EOPCC remain
incomplete and Ryland Homes has requested additional time to enable it to complete such items
pursuant to the terms and conditions as hereinafter set forth in this Third Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein set
forth,the parties agree as follows:
Section 1. Incorporation of Recitals. The foregoing recitals are hereby incorporated
into this Agreement as if fully restated.
2
Section 2. Subject Property Affected.
This Third Amendment addresses the Subject Property and the outstanding commitments
and obligations of each of the parties in connection with certain items as identified in the EOPCC
for the Windett Ridge Subdivision.
Section 3. Outstanding Obligations of Ryland Homes.
A. Section 3(K) of the Second Amendment provided that all items on the EOPCC
were to be completed on or before August 27, 2017, being four (4) years from the date of
execution of the Second Amendment. Notwithstanding the mandated completion date, the City
has been advised by its Engineer by letter dated April 19, 2017, a copy of which is attached
hereto as Exhibit B and made a part hereof, of certain items remaining to be completed (the
"April 2017 EOPCC').
B. Ryland Homes hereby covenants and agrees to complete all items per the April
2017 EOPCC on or before October 31, 2017.
C. Ryland Homes acknowledges that Bond No. 2179202 issued by North American
Specialty Insurance Company and reduced on December 7, 2015, from $111,033.12 to
$29,994.12 remains in full force and effect (the "Bond") to guaranty the completion of all items
on the April 2017 EOPCC on or before October 31, 2017; and, in the event Ryland Homes fails
to complete said items, Ryland Homes agrees that the City shall call Bond No. 2179202 and use
the proceeds thereof used to perform all incomplete items.
Section 4. Extension of Completion of Items. The City hereby agrees to extend the date
to complete all items on the April 2017 EOPCC to October 31, 2017, it be understood that in the
event Ryland Homes fails to complete said items, the City shall proceed to call the Bond for
purposes of paying all costs it incurs in order to complete said items.
3
Section S. Procedure for Declaring Defaults.
In the event Ryland Homes defaults in its performance of its obligations set forth in
Section 3 of this Third Amendment, the City shall give written notice to Ryland Homes of those
items on the April 2017 EOPCC which have not been completed and unless evidence is given to
the City that the default shall be cured in a timely manner and the Bond is extended to a date no
less than sixty (60) days beyond the date agreed upon to complete, the Bond shall be called by
the City as provided in Section 2 hereof. Notwithstanding the above, in the event of an
emergency life, health or safety situation, the City shall have the right, but not the obligation, to
enter onto the Subject Property and cure those incomplete items on the April 2017 EOPCC
without giving Ryland prior notice or an opportunity to cure.
Section 6. Miscellaneous.
A. If any section, subsection, term or provision of this Agreement or the application
thereof to any party or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of said section, subsection, term or provision of this Development Agreement or the
application of same to parties or circumstances other than those to which it is held invalid or
unenforceable, shall not be affected thereby.
B. All notices, demands, requests, consents, approvals or other instruments required
or permitted by this Agreement shall be in writing and shall be executed by the party or an
officer, agent or attorney of the party, and shall be deemed to have been effective as of the date
of actual delivery, if delivered personally,or as of the third(3rd) day from and including the date
of posting, if mailed by registered or certified mail, return receipt requested, with postage
prepaid, addressed as follows:
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To the Ryland Homes Ryland Homes
1141 East Main Street, Suite 108
East Dundee, Illinois 60118
Attn: John Carroll
With a copy to Charles L. Byrum
Meltzer Purtell& Steele
300 South Wacker Drive
Suite 3500
Chicago, Illinois 60606
To the City United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
With a copy to Kathleen Field Orr, City Attorney
Kathleen Field Orr&Associates
53 West Jackson Blvd.
Suite 964
Chicago,Illinois 60604
C. This Third Amendment shall be binding upon and inure to the benefit of the
parties to this Third Amendment and their respective successors and assigns.
D. This Third Amendment may not be assigned by the Developer without the prior
written consent of the City.
E. Time is of the Essence of this Third Amendment and all documents, agreements
and covenants contained herein shall be performed in a timely manner by the parties hereto.
F. This Third Amendment may be signed in counterparts, each of which shall be
deemed an original and all of which together shall constitute but one and the same instrument.
5
IN WITNESS WHEREOF, the parties hereto have caused this Redevelopment
Agreement to be executed by their duly authorized officers on the above date at Yorkville,
Illinois.
United City of Yorkville, an Illinois
Municipal Corporation
By:
Mayor
Attest:
City Clerk
Ryland Homes
By:
President
Attest:
Secretary
6
Exhibit A
[See attached Legal Description]
7
EXHIBIT
State of Illi"Ois:
:SS 1
County of Kendall.
This is to certify that we, James M. Olson Associates, Ltd., Illinois
Registered Land Surveyors, have surveyed that part of Section 9, Township
3
North Ran�ae ? East of the Third principal Meridian described as
follows: Cor+E��encing at the Northwest Coroer of the Northwest Quarter
of said Section 9; thence southerly along the Fest Line of said Northwest
Quarter. 569.20 feet to the center 'line of Illinois State Route No.
47; thence South 35°00'00" East, along said center line, 1062.70 feet
to the southernmost corner of a tract described in a Warranty Deed from
Edna Halbesma to Hannah Geiger recorded in Book 115 at page 241on December
27. 1957; thence South 35"00'00" East, along said center line, 323
feet; thence Horth 56°20'00" East, 755.43 feet; thence North 49°38157"
East, 525.07 feet to the southwesterly 'line, as occupied, of the Oak
Hili Farm as ,hown in a plat recorded in Plat Book 'S on page 16 (now
"Slot 303") for the point of beginning; thence South 49°38'57" West,
525.07; thence South 56. °20'00" West, 755.43 feet to saaic ten errtline;
-thence South 35`00100" East, along said center 'line,
484.85 to
its intersection with the center line of Legion Road; thence South 35°00'40"
East, along said Illinois State Route No. 47 center line and said center
line extended. 1925,22 feet; thence South 15'45100" East, 126.93 feet'
to the tine o' a fence extended from the east; thence Nbrth 88°15'14"
East along sa':d fence line and its extension, .3115.46 feet -to a point
on the East Line of the Southeast Quarter of said Section 9, which is .
1533.84 feet "measured along•said East Line) northerly of the Southeast ,
Corner of sai=i Southeast Quarter; thence North 00°02'46" West, along ,
'said East Line. 445.77 feet to a limestone monument at thes r�iy:
corner of saiif'Oak Hill Farm; thence North 52'5531" West, aloongng tthtehe
:
southwesterly line. as occupied, of said Otgsterly ak Hill Farm, 3591.35
thence North 16 53 04 West, along said so
655.46, .feet ta) the point-of beginning (excepting therefrom the 50 foot
wide '.4ht`of way 'conveyed to the. Fox and -Illinois- Union •Railvay Company. -.:, .. ..
recorded in Deed Retard 66 at page 2871 all in-Kendall Township, Kendall '•
County, lllinuis 'and containing 163.522 acres as shown by the plat hereon
drawn which i a correct representation of said survey.
Dated at Yorkville, Illinois January 17, 1990 ,
JAMES M. OLSON
Illinois Registered Land Surveyor No. 2253
JAMES-M. OLSON ASSOCIATES, LTO.
107 West Madison Street ,
Yorkville, Illinois 60560 ,
(708)553-,OUSU
Legal Description
PARCEL 1:
LOTS 1,2,3,4,5,6,7,8,9,15,16,17,18,43,66,67,68,69,73,75,76,78,79,80,81,82,83,84,85,86,
87,88,89,106, 107,108, 109, 110,111,112,113,114,115,116,117,118,119,120,121, 122,123,124,
127,128,129, 130,133,134,135,136,137,138,139,140,141,142, 143,144,145,146,147,148,149,
150,151,152, 153,154,155,158,159,161,163,167,168,169, 170,171,172,173,174, 175,177,180,
181, 186,189, 190,193,194,195,196, 198,205,206,207,208,209,210,211,212,214,215,223,229,
231.,233,237,241,242,243,244,245,246,248,249,250,251,252,253,254,255,256,257,258,259,
260,261,262,263,264,265,266,267,268,269,270,271,272,273,274,275,276,AND 2771N WINDETT
RIDGE SUBDIVISION UNIT 1,ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 13,2004 AS
DOCUMENT 200400003630,AND CERTIFICATE OF CORRECTION RECORDED MARCH 12,2004 AS
DOCUMENT 200400005966,IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS.
PARCEL 2:
THAT PART OF SECTION 9,TOWNSHIP 36 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST Y4 OF SAID
SECTION 9;THENCE SOUTHERLY ALONG THE WEST LINE OF SAID NORTHWEST 9,569.20 FEET TO THE
CENTER UNE OF ILLINOIS STATE ROUTE NO.47;THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS
EAST ALONG SAID CENTER LINE,1062.70 FEET TO THE SOUTHERNMOST CORNER OF A TRACT DESCRIBED
IN WARRANTY DEED FROM EDNA HALBESMA TO HANNAH GEIGER RECORDED IN BOOK 115 AT PAGE
241 ON DECEMBER 27,1957;THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID
CENTER UNE,323.02 FEET;THENCE CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST
ALONG SAID CENTER LINE,484.85 FEET TO ITS INTERSECTION WITH THE CENTER LINE OF LEGION ROAD;
THENCE CONTINUING SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER LINE
AND SAID CENTER LINE EXTENDED,1925,22 FEET,THENCE SOUTH 16 DEGREES 45 MINUTES 00
SECONDS EAST,126,93 FEET TO THE LINE OF A FENCE EXTENDED FROM THE EAST,THENCE NORTH 88
DEGREES 15 MINUTES 14 SECONDS EAST ALONG SAID FENCE UNE AND ITS EXTENSION,2723.16 FEET
FOR THE POINT OF BEGINNING;THENCE NORTH 01 DEGREES 32 MINUTES 33 SECONDS WEST,.A
DISTANCE OF 219.34 FEET,THENCE NORTH 31 DEGREES 32 MINUTES 00 SECONDS WEST,A DISTANCE
OF 125.77 FEET;THENCE NORTH 53 DEGREES 15 MINUTES 45 SECONDS WEST,A DISTANCE OF 157.59
FEET TO A POINT ON A CURVE;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY .
HAVING A RADIUS OF 438.00 FEET AND A CHORD BEARING OF NORTH 37 DEGREES 33 MINUTES 32
SECONDS EAST,AND ARC DISTANCE OF 7.40 FEET;THENCE NORTH 37 DEGREES 04 MINUTES 29
SECONDS EAST,A DISTANCE OF 232.50 FEET;THENCE SOUTH 52 DEGREES 55 MINUTES 31 SECONDS
EAST,A DISTANCE OF 25.99 FEET,THENCE NORTH 37 DEGREES 04 MINUTES 29 SECONDS EAST,A
DISTANCE OF 145.00 FEET TO A POINT ON THE SOUTHWESTERLY UNE,AS OCCUPIED,OF THE OAK HILL
FARM AS SHOWN IN A PLAT RECORDED IN PLAT BOOK 5 ON PAGE 16(NOW'SLOT 303');THENCE SOUTH
52 DEGREES 55 MINUTES 30 SECONDS EAST ALONG SAID SOUTHWESTERLY LINE,AS OCCUPIED,OF THE
OAK HILL FARM,421.96 FEETTO A LIMESTONE MONUMENT AT THE SOUTHEASTERLY CORNER OF SAID
OAK HILL FARM BEING ALSO ON THE EAST LINE OF THE SOUTHEAST?&OF SAID SECTION 9;THENCE
SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EAST UNE,445.77 FEET TO A POINT
ON SAID EAST LINE OF THE SOUTHEAST%OF SAID SECTION 9 WHICH IS 1533.84 FEET,AS MEASURED
ALONG SAID EAST LINE NORTHERLY OF THE SOUTHEAST CORNER OF SAID SOUTHEAST X;THENCE
SOUTH 88 DEGREES 15 MINUTES 14 SECONDS WEST,A DISTANCE OF 392.05 FEET TO THE POINT OF
BEGINNING,ALL IN KENDALL COUNTY,ILLINOIS.
Exhibit B
Engineering Enterprises,Inc.
April 19, 2017
Ms. Krysti Barksdale-Noble
Community Development Director
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
Re: Iindett Ridge Subdivision— Punchlist Update
United City of Yorkville
Kendall County, Illinois
Krysti:
This letter serves as a status update on the remaining items. Per agreement, the developer
has until August 27, 2017 to complete the work. The current punchlist is noted below:
1. The two north detention basins are experiencing shore line erosion. It is our
understanding that this may have been caused by a clogged outlet pipe, which raised
the level of the ponds higher than design. Accordingly, appropriate repairs need to be
made. The developer must provide a plan for addressing the issue.
2. There is erosion damage to the trail behind 436 Sutton Street that requires repair(See
attached).
3. We have the 2014 Naturalized Basin Report, but are missing 2015 and 2016. Those
reports should be provided for the files.
4. The condition of the bike path worsens every year. The patch that was marked-out last
fall was completed. It was suggested that crack sealing be performed also. It does not
appear that this was completed.
There are several items that need to be addressed related to Lot H (proposed park site). Items
that remain related to the park include:
• Confirmation of conveyance of lot to City. This is to be completed per agreement by
October 31, 2017.
• Installation of remaining storm sewer and weir wall.
• Removal of brush/trees.
• Completion of grading/seeding of lot per park development standards.
Ms. Krysti Barksdale-Noble
April 19, 2017
Page 2
Once the items are addressed, the developer should contact us for a re-inspection. If you
have any questions or if you require additional information, please call.
Very truly yours,
ENGINEERING ENTERPRISES, INC.
t'�
y P. Sanderson, P.E.
Vice President
BPS/dm
Enclosure
pc: Mr. Bart Olson, City Administrator(via e-mail)
Ms. Erin Willrett, Assistant City Administrator (via e-mail)
Mr. Eric Dhuse, Director of Public Works (via e-mail)
Ms. Lisa Pickering, Deputy Clerk (via e-mail)
Ms. Kathy Field-Orr, City Attorney (via e-mail)
Mr. Chris Proberts, Cal-Atlantic(via e-mail)
DSS, JAM, EEI (via e-mail)
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