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Ordinance 2017-43 DEBBIE O I LEETTE RECORDER - KENDALL COUNTY, IL RECORDED: 5/22/2818 11:34 AM ORDI: 51.88 RHSPS FEE: 18.88 PAGES: 16 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2017-43 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 CAL ATLANTIC GROUP,INC.,A DELAWARE CORPORATION (Windett Ridge Subdivision) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 12t`day of September,2017 Document History for Ordinance No.2017-43 Original Planned Unit Development Agreement dated June 8,2000 and approved by Resolution No. 2000-14 passed June 8,2000 is on file in the Office of the City Clerk and was not filed with the Kendall County Recorder's Office and is now unable to be recorded due to the condition of the Agreement. The First Amendment to the PUD Agreement,dated November 26,2002,approved by Ordinance No. 2002-50,passed November 26,2002 and recorded on January 23,2003 as document number 200300002279 in the Kendall County Recorder's Office. The Second Amendment to the PUD Agreement,dated August 27,2013 and approved by Ordinance No.2013-51,passed August 27,2013 and recorded on August 29,2013 as document number 201300018142 in the Kendall County Recorder's Office. f ae. Beth Warrek City Clerk 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 May 16,2018. Ordinance No. 2017-� 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 CAL ATLANTIC GROUP,INC.,A DELAWARE CORPORATION 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 to the Planned Unit Development Agreement as amended in 2002 and pursuant to the terms and Ordinance No.2017- 1q3 Page 2 conditions of an August 27, 2013 second amendment to the Planned Unit Development Agreement(the"Second Amendment"); and WHEREAS, Ryland Homes merged with the Cal Atlantic Group, Inc., a Delaware corporation ("Cal Atlantic"), which now stands as the current successors in interest to the Owners; and, WHEREAS, under the Second Amendment, Cal Atlantic (as successor in interest to Ryland Homes) was presented with an itemization of the City's Engineer's Opinion of Probable Construction Costs (the "EOPCC") which list was to be completed by on or before August 27, 2017; and, WHEREAS, it has been determined that certain items identified on the EOPCC remain incomplete and Cal Atlantic 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 Cal Atlantic and provide additional time for Cal Atlantic 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 Cal Atlantic Group, Inc., a Delaware Corporation, 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 Ordinance No.2017-q3 Page 3 Amendment and undertake any and all actions as may be required to implement its terms on behalf of the City. Section 2. Ordinance No. 2017-37 passed July 25, 2017, is hereby replaced which named Ryland Homes as the Successor in interest to the Owners rather than Cal Atlantic, as the successor in interest of the Owners. 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 f the United City of Yorkville, Kendall County, Illinois, this day of D. 2017. City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER - CHRIS FUNKHOUSER JOEL FRIEDERS 1 SEAVER TARULIS ALEX HERNANDEZ APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 10 day of Q C 1 O BfiP ,A.D. 2017. Mayor Attest: &'?"z- �A City Clerk Ordinance No.2017- Page 4 THIIM AMENDMENT TO THE PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND CALATLANTIC GROUP,INC.,A DELAWARE CORPORATION (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 CalAtlantic Group, Inc., a Delaware corporation, successor by merger to The Ryland Group, Inc., ("CalAtlantic"), successor in interest to the Owners and is entered into * OMS this day of£eptombw, 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, {30084:238:02209223.DOC:2)I 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, now owned by CalAtlantic, (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, CalAtlantic 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 CalAtlantic on or before August 27, 2017; and, WHEREAS, it has been determined that certain items identified on the EOPCC remain incomplete and CalAtlantic 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. {30084:238:02209223.DOC:2}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 CaUtlantic. 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. CalAtlantic hereby covenants and agrees to complete all items per the April 2017 EOPCC on or before October 31, 2017. C. CalAtlantic 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 CalAtlantic fails to complete said items, CalAtlantic 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 CalAtlantic 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. {30084:238:02209223.DOC:2}3 Section S. Procedure for Declaring Defaults. In the event CalAtlantic defaults in its performance of its obligations set forth in Section 3 of this Third Amendment, the City shall give written notice to CalAtlantic 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 CalAtlantic 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: {30084:238:02209223.DOC:2}4 To the CalAtlantic CalAtlantic Group, Inc. 1141 East Main Street, Suite 108 East Dundee, Illinois 60118 Attn: Kevin W. Johnson With a copy to Brian Meltzer Meltzer, Purtill & Stelle LLC 1515 E. Woodfield Road Suite 250 Schaumburg, IL 60173 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. 130084:238:02209223.DOC:2}5 r 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 1' By. Mayor Attest: T' City Clerk CalAtlantic Group, Inc., a Delaware corporation, successor by merger to The Ryland Group, Inc. By: _V,--—� o Y,�" Name Kevin W. Johns Its: 4P' n =Tt a V ice. Fre b�;Q 130084:238:02209223.DOC:2 16 f Exhibit A [See attached Legal Description] (30084:238:02209223.DOC:2}7 EXHIBXT "A" State of Illi"Ois: :SS County of Kendall'. This is to certify that we, James M. Olson Associates, Ltd., Illinois Registered Land Surveyors, have surveyed that ppaart of Section 9, Township North Range 7 East of the Third Principal` !Meridian described as 3 tJ t follows: ConJencing at the Northwest CorOer of the Northwest Quarter ction 9; thence sou of said Setherly along the West Line of said Northwest Route No. Quarter. 569.10 feet to the center line of Illinois line, 1062.70 feet s 47; thence South 35°00'00" East, along said center line, Warranty Deed from to the southernmost corner of a tract described in a 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, 323.02 feet; thence North 66 20 04 East, 755.+43 feet; thence North 49°38157" East, 525.07 ':eet to the southwesterly line, as occupied, of the Oak j Hill 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, 525.47; thence South 56 20 00 West, 755.43 feet to saicine center86 line; to .thence South 35 00 a0 East, along said centeo� Road, thence South 35°00'00" its intersection with the center line of Leg ' line East. along snid Illinois State Route No. 47 center a126S93dfeetter line extended. 1925.22 feet; thence South 16'45'00" East, i to the tine o' a fence extended from the east; thence Nbrth 88015'14" nt East along said fence line and its extensio�,�a��5s�tient9t whicho a Is on the East Line of the Southeast Quarter o 1533.Rq feet 'measured along said East Line) northerly of the Southeast sai.1 Southeast tht Quarter; thence North 00 02 46 West, al Ong Corner of , . 'said East Lint). 445.7? feet to a limestone monument at the southeasterly: . :. corner of sai,(-Oak Hill Farm; thence North 52"55'31" West, along the southwesterly line. as occupied, of said Oak Hill Farm 3591.35 as feet- ,thence North 16 53 0Q West, along said south ,s yline, 655.46, ,feet ta) the point.-of beginning (excepting' therefrom the 50 fopt , wide riiht-of way 'conveyed to the FoK and I7�lin endalloTownship, Kendall : * recorded in Deed Record 66 at Page 287) all inA County. Tllinuis '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 N. OL5ON Illinois Registered Land Surveyor No. 2253 JAMES-M- OLSON ASSOCIATES, LTD. 107 West Madison Street , Yorkville. Illinois 60560 , (708)553-0050 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%OF SAID SECTION 9;THENCE SOUTHERLY ALONG THE WEST UNE OF SAID NORTHWEST X,569.20 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO.47;THENCE SOUTH 35 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID CENTER UNE,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 LINE,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 UNE OF A FENCE EXTENDED FROM THE EAST;THENCE NORTH 88 DEGREES 15 MINUTES 14 SECONDS EAST ALONG SAID FENCE LINE 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 LINE,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. i Exhibit B April 19, 2017 Ms. Krysti Barksdale-Noble Community Development Director United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: WZndett 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. Road,52 Wlieeler 466-6701 fax - VJk/VVV.eeivveb.com 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. Bradley 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 \\Miikyway\EEI Storage\Docs\Public\Yorkville\201 W01 140-D Windett RidgePunchlisM-12-2017 punchlist.doc . fd' t j I # L l f r I u ` r R�