Ordinance 2024-33202400008501
DEBBIE GILLETTE
RECORDER - KENDALL COUNTY, IL
RECORDED: 07/26/2024 10:22 AM
RECORDING FEE 57.00
PAGES: 22
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS APPROVING A PLANNED UNIT DEVELOPMENT
AGREEMENT WITH C 1 YORKVILLE, LLC
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 9"' day of July, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on July 10, 2024.
Ordinance No. 2024-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS APPROVING A PLANNED UNIT DEVELOPMENT
AGREEMENT WITH C1 YORKVILLE, LLC
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, C1 Yorkville, LLC, a Delaware limited liability company ("Cl Yorkville"),
submitted a proposal to the City to develop approximately 229 acres at the northeast corner of
Eldamain and Faxon Road (the "Development Site ") for the purpose of developing a secured data
center campus with nine buildings, six stormwater basins and an on -site electric substation
(collectively The "Project"); and
WHEREAS, as part of their proposal, C1 Yorkville submitted an application to the City
for a special use planned unit development for the Development Site which the City has found to
be complete and consistent with the City's purpose and intent of the planned unit development
regulations and the polices for industrial development in the Eldamain Road corridor; and
WHEREAS, in order to establish the specific development standards, regulations,
limitations and conditions regarding the construction of the Project, the City and C 1 Yorkville have
negotiated a Planned Unit Development Agreement, (the "PUD Agreement ") substantially in the
form attached hereto, setting forth all development regulations and conditions for the construction
and operation of the Project; and
WHEREAS, the City and C1 Yorkville have reviewed the PUD Agreement, as attached,
and are prepared to proceed with the Proj ect in accordance with the standards and the requirements
for its construction and operation as set forth therein. The City is prepared to approve the PUD
Agreement, as hereinafter provided, as it believes that the construction of the Project shall add
regional utility improvements and tangible benefits to the City and its residents.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. All of the Preambles hereinabove set forth are incorporated herein as if restated.
Ordinance No. 2024-33
Page 2
Section 2. Planned Unit Development Agreement By and Between the United City of
Yorkville and Cl Yorkville LLC is hereby approved substantially in the form attached hereto and
made a part hereof.
Section 3. The Mayor and City Clerk are hereby authorized to execute said Agreement
and the City Administrator, the City Engineer and the City Attorney are hereby authorized to
finalize the terms and take any action required to implement said Agreement.
Section 4. This Ordinance shall be in full force and effect after its passage, publication,
and approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
9tn day of July, A,D. 2024.
C Y CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
SEAVER TARULIS
ABSENT
RUSTY CORNEILS
AYE
this
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
i a tday of , A.D. 2024.
Attest:
Y CLERK
Ordinance No. 2024-33
Page 3
Planned Unit Development
Agreement By and Between The
United City of Yorkville and
C1 Yorkville LLC
This Planned Unit Development Agreement by and between the United City of Yorkville,
Kendall County, Illinois and C1 Yorkville, LLC, a limited liability company of the State of Delaware
is entered into this gVIday of 2024.
Article 1. Preambles
1.1 The United City of Yorkville, Kendall County, Illinois (the "City') is a duly organized and
validly existing non -home rule municipality pursuant to the 1970 Constitution of the State of Illinois
and the laws of the State.
1.2 The Protect. C1 Yorkville LLC, a limited liability company of the State of Delaware (the
"Developer') is the contract purchaser of 228.93 acres located at the northeast corner of Eldamain
and Faxon Road, identified as parcel numbers 02-18-300-001, -002, -003, and -004; 02-19-100-
004 and -005; and 02-18-400-004 (collectively the "Subject Property') upon which the Developer
intends to develop a secured data center campus (the "Project"). The Project is generally depicted
on the site plan attached hereto as Exhibit A (the "Site Plan") and consists of nine buildings, six
stormwater basins and an onsite electrical substation to be constructed in phases over a period
of up to twenty (20) years.
1.3 Zoning. The Subject Property is zoned M-2 General Manufacturing District. A data center
and an electrical substation are permitted "Energy Industrial Uses" in the M-2 District.
1.4 The Planned Unit Development. Under the City's Unified Development Ordinance
("UDO'), any development encompassing four (4) or more acres shall be approved as a planned
unit development, The Developer has submitted an application for a special use planned unit
development for the Project (the "Application"). The Application includes thirteen proposed
variations which may be allowed under the UDO if (1) such deviations are compatible with
surrounding development and, (ii) such deviations are justified through the provision of tangible
benefits to the City. The City has reviewed the Application and found it to be complete and
consistent with the purpose and intent of the planned unit development regulations. The Project
requires the extension of a watermain and sanitary sewer service to the Subject Property thereby
benefiting future development within the City and the Project is compatible with the surrounding
agricultural use, distribution center and ComEd transfer station.
Article 2. Development Standards
2.0 PUD Approval. The City has reviewed the Developer's Application and found it to be
complete. The Project is consistent with the purpose and intent of the planned unit development
regulations; facilitating a unified development that is consistent with the City's plans and policies
for industrial development in the Eldamain Road corridor. The Project includes the construction
of regional utility improvements that provide tangible benefits to the City, thereby providing
necessary justification for the modifications to standards as required under the UDO. The Project
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meets the standards for the approval of a special use, the additional standards of review for a
planned unit development, and the standards for approval of variations under the planned unit
development. The City hereby approves a special use for a planned unit development with
specified variations for the Subject Property as generally depicted on the Site Plan, subject to the
terms more specifically herein set forth.
2.1 Energy Industrial Uses. A data center is classified as an "Energy Industrial Use" pursuant
to Table 10-3-12(B) of the UDO. Section 10-4-10 of the UDO is reserved for additional regulations
applicable to Energy Industrial Uses. The Developer has requested and the City hereby agrees
that any future standards adopted to further regulate Energy Industrial Uses shall be waived and
not applicable to the Subject Property.
2,2 Terms for Construction. The Developer has advised the City of its intent to construct the
Project over a twenty (20) year period and has submitted a preliminary phasing plan to the City,
attached hereto as Exhibit B (the "Phasing Plan"). The City hereby approves the Phasing Plan.
Developer's reimbursement of the City for construction costs associated with the public utility
improvements necessary to facilitate the Development of the Subject Property, which shall occur
pursuant to the terms of a separate agreement by and between the Parties, shall satisfy any
timing obligation of Developer under the UDO to apply for final plat or plan approvals, to apply for
a building permit, or otherwise.
2.3 Building Setbacks. The Developer has requested and the City hereby approves
modification of required building setbacks as established by the UDO for the Subject Property.
Setbacks shall apply only to the perimeter of the Subject Property with Eldamain Road being
deemed the "front yard" and Beecher Road being deemed the "rear yard". The front yard setback
shall be one hundred fifty (150) feet from the existing Eldamain Road right-of-way. The rear yard
setback shall be sixty (60) feet from the Beecher Road right-of-way. The side yard setback,
measured to the north and south lines of the Subject Property, shall be fifty (50) feet. in
anticipation of possible resubdivision of the Subject Property into individual lots, the City agrees
to a zero (0) lot line for all structures to be platted within the interior of the Subject Property.
Moreover, the City hereby agrees that lots within the PUD shall not be required to abut a public
street. The building setbacks established in this paragraph shall apply exclusively to buildings.
Fences, signage, drive aisles, parking spaces, and other improvements to the Subject Property
are expressly permitted within the defined setbacks.
2.4 Parking Requirements_ Pursuant to the City's UDO, .3 parking spaces are required per
1000 square feet net floor space for industrial developments. The City hereby grants the
Developer's request of .2 parking spaces per 1000 square feet net floor area. Developer may
pay a fee -in -lieu of constructing required parking spaces, provided that the total number of parking
spaces at build -out is not less than four hundred (400) (inclusive of ADA spaces) and that a
minimum of ten (10) parking spaces are equipped with electrical vehicle charging stations. Any
fee -in -lieu of parking shall be based on the number of spaces not constructed, shall be consistent
with prevailing fees charged by the City, and shall be payable as a condition to the issuance of
the building permit for the ninth building.
2.5 Access to the Subject Property. The City Engineer has approved and the City hereby
agrees to the Developer's proposal for two (2) points of access to the Subject Property, one (1)
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off of Eldamain and one (1) off of Faxon Road, as generally depicted on the Site Plan. The Project
shall be developed with private roads or private drive aisles which may be secured to restrict
access into/through the Subject Property. The City hereby waives requirements for vehicular
cross access in light of the private roads and secured nature of the campus as depicted on the
Site Plan. Where access is gated or otherwise restricted, Developer shall work with emergency
service providers to ensure access via a knox box or such other means as may be agreed upon
between the parties.
2.6 Pedestrian Circulation. The City's UDO requires connections between off-street parking,
on -site pedestrian circulation systems, and existing and future planned trails. The Project shall
incorporate walkways between parking areas and building entrances within the Subject Property.
The City hereby waives any requirement with respect to public access or external pedestrian
connections in light of the private roads and secured nature of the campus as depicted on the
Site Plan.
2.7 Off Street Loading. No more than one (1) loading space shall be required per building.
2.8 Landscaping. The City's UDO establishes standards for landscape improvements for the
Project. In light of the secured nature of the campus, the Parties have agreed to emphasize
external Transition Zone plantings in lieu of other planting requirements internal to the Subject
Property. Along Eldamain, Faxon, and Beecher roadway frontages, the Developer shall install
landscape material consistent with the Transition Zone Type D Standards as generally depicted
on the Landscape Plan attached hereto as Exhibit C (the "Landscape Plan"). The Parties
acknowledge and agree that the aforementioned Transition Zone landscape standards are above
and beyond the requirements of the UDO and in light of Developer's agreement to install said
Transition Zone landscaping, the City hereby waives all other landscape requirements under
Section 10-5-3 of the Code.
2.9 Mechanical Screening and Fencing. In light of the setbacks and the landscape screening
that Developer has voluntarily incorporated into the Project, the City hereby agrees to waive visual
screening requirements pursuant to Section 10-5-4 of the UDO. Notwithstanding the foregoing,
the Parties acknowledge and agree that the Project is subject to the requirements of the City's
Noise Ordinance, Title 4, Chapter 4 of the City Code. As a condition to the issuance of a Building
Permit for each building, the Developer shall submit to the City a sound study to be reviewed by
a third -party sound engineer hired by the City. The sound study shall evaluate the proposed
mechanical equipment for each building and model sound levels as regulated by the Noise
Ordinance. The City shall have no obligation to issue a Building Permit until the applicable sound
study identifies necessary and appropriate sound attenuation, if required, necessary to comply
with the Noise Ordinance. The Developer shall be required to install sound attenuation as may be
required by the sound study to comply with the Noise Ordinance.
2.10 Lots; Street Design. The City hereby waives the requirement in Section 10-7-2 of the UDO
that all lots shall front or abut on a public street. The City also waives the street design standards
set forth in Section 10-7-3 of the UDO. Said waivers are granted in consideration of the security
contemplated for the Project and the restricted nature of access internal to the Subject Property.
Due to the restricted nature of access to the Project, the City reserves the right to issue a single
site address for the Subject Property off Eldamain Road.
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2.11 Appearance Standards. The Developer has submitted prototype building elevations for
the Project, a copy of which is attached hereto as Exhibit D (the "Building Elevations"). The
Building Elevations are representative of architectural design and building materials to be utilized
for the Project but are not intended to be an exact depiction of any building that may be
constructed as part of the Project. The Developer shall provide updated elevations with any
application for final plat or at such time as Developer submits for a Building Permit, as may be
applicable. The City shall approve updated elevations which are consistent with the quality and
character of the Building Elevations. The City hereby waives the requirements of Section 10-5-
8-c-4b.(2) of the UDO requiring recesses, projections, windows, and other
ornamentallarchitectural features due to the setbacks of the buildings from the abutting roads and
the Developer's obligations for the landscaping as provided in Section 3.2.
2.12 Signage_The Developer shall install a monument sign on Eldamain Road at the entrance
to the Project. The Developer may install a monument sign on Faxon Road at the entrance to the
Project. The monument signs shall comply with the requirements of Section 10-6 of the UDO.
Developer may install wall signs as permitted under Section 10-6 of the UDO.
2.13 Lighting. The Developer agrees to submit to the City for its approval a photometric plan
along with manufacturer's cut sheets of the proposed lighting standards to be installed within the
parking area of the Subject Property. The photometric plan shall be provided with any application
for final plat or at such time as Developer submits for a Building Permit, as may be applicable.
The Project shall be required to comply with applicable outdoor lighting standards pursuant to
Section 10-5-7 of the UDO.
Article 3. Developer Obligations
3.1 Permits. The Developer covenants and agrees to obtain all required permits for the
development of the Project and to construct all improvements in accordance with applicable City
ordinances and all permits as issued. The Developer further agrees to obtain all approvals and
permits from any other governmental units or agencies as may be required in connection with the
construction and operation of the Project.
3.2 Engineering and Roadway Reconstruction. Under the UDO the Developer is responsible
for rebuilding Faxon Road ("Faxon Road Improvements") and Beecher Road ("Beecher Road
improvements") across the frontage of the Subject Property (collectively the "Road
improvements"). The Road Improvements shall be constructed pursuant to the cross section
attached hereto as Exhibit E. A preliminary cost estimate for the Road Improvements is attached
hereto as Exhibit F. In lieu of Developer completing the design and physical construction of said
Road Improvements, the City has agreed to design and construct the Road Improvements subject
to Developer's payment of the costs incurred by the City.
The City shall complete construction of the Road Improvements, less the surface course, by
August 31, 2025. Upon execution of the contract for the engineering design of the Roadway
Improvements the City shall send notice of same along with a copy of the design contract to
Developer. Developer shall pay to the City the cost of the engineering design for the Road
Improvements within thirty (30) days of receipt of the contract therefor. The City agrees to use
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best efforts to design the Road Improvements to minimize disturbance of existing utilities (i.e.
ComEd poles on Beecher Road) and without requirement for additional right-of-way acquisition.
Should the City incur costs associated with the acquisition of right-of-way or should the City incur
costs with respect to relocation of existing utilities, the Developer shall be responsible for fifty
percent (50%) of said costs. The City shall provide Developer a courtesy copy of 30% design
drawings for the Road Improvements and of the 90% design drawings along with an updated
estimate of construction costs for each.
When the City finalizes the contract for construction of the Road Improvements the City shall
provide Developer a copy of the final construction contract and an invoice for Developer's share
of the anticipated cost to construct the Road Improvements. The invoice shall reflect the
contracted cost for construction of the Road Improvements less: i) sums contributed by a third
party toward construction of improvements to the same section of roadway; and ii) any costs for
which Developer is not responsible (the product of which calculation is the "Developer's Road
Cost"). The Developer's Road Cost shall be multiplied by 115% (cost of right-of-way acquisition
shall be excluded from the 15% contingency calculation) to account for contingencies (the "Pre -
Construction Estimate"). Developer shall pay the Pre -construction Estimate to the City within 30
days of the receipt of the invoice therefore.
The City's construction of the Road Improvements shall be "Substantially Complete" upon
installation of the binder course. Upon Substantial Completion, the City shall provide Developer
an accounting of final costs associated with its construction of the Road Improvements (the `Final
Accounting"). The Final Accounting shall include 115% of the cost to be incurred for the
installation of the final surface course. If the Final Accounting, including the 115% for the cost for
the final surface course, shows that the Pre -Construction Estimate paid by Developer was greater
than the actual costs incurred by the City for the Developer was responsible, then the City shall
reimburse Developer the difference. If the Final Accounting shows that the Pre -Construction
Estimate paid by Developer was less than the actual costs incurred by the City for which
Developer was responsible, then the City shall issue a final invoice reflecting the balance due
from Developer and Developer shall remit payment therefore within thirty days.
(c) Eldamain Road. Eldamain Road is under the jurisdiction of Kendall County. Developer shall
secure a permit from Kendall County for the construction of necessary road improvements at the
intersection of Eldamain Road and the primary entrance to the Subject Property. Said road
improvements to be permitted by Kendall County shall be constructed pursuant to the schedule
required by Kendall County. The City anticipates that the County will required a traffic impact
study to permit the access off Eldamain. In the event that a traffic impact study is required,
Developer shall provide the City a courtesy copy of the study and any revisions to the study.
3.3 Dedications. The City acknowledges that it has already secured necessary and
appropriate right-of-way dedications associated with the development of the Subject Property.
The City agrees that it shall not require any additional right-of-way dedications associated with
the development of the Subject Property. The City makes no representation with respect to any
right-of-way dedication that may be required by Kendall County associated with the improvement
of Eldamain Road.
k
3.4 Maintain Improvements in Good and Clean Condition, The Developer shall maintain the
Subject Property in reasonably good and clean condition at all times during the development by
the Developer, which shall include promptly removing all mud, dirk, and debris that is deposited
on any street, sidewalk, or other public property in or adjacent to the Subject Property by the
Developer or any agent of or contractor hired by, or on behalf of the Developer and repair any
damage to any public property that may be caused by the activities of Developer or any agent of
or contractor hired by, or on behalf of, the Developer.
3.5 No Liability for City Review. Developer acknowledges and agrees that (i) the City is not,
and shall not be, in any way liable for any damages or injuries that may be sustained as the result
of the City's review and approval of any plans or improvements or as a result of the issuance of
any approvals, permits, certificates, or acceptances for the development of the Project or use of
any portion of the Subject Property or the improvements and (ii) the City's review and approval of
any plans and the issuance of any approvals, permits, certificates, or acceptances does not, and
shall not, in any way be deemed to insure Developer, or any of its successors, assigns, tenants,
or licensees, or any third party, against violations or damage or injury of any kind at any time.
3.6 Hold Harmless and Indemnification. Developer shall hold harmless the City, and all of its
elected, appointed officials, and employees (collectively the "City Parties") from any and all third -
party claims that may asserted against the City Parties in connection with (i) the City's review and
approval of any plans or improvements or (ii) the City's issuance of any approval, permit or
certificate.
Article 4. City Obligations
4.1 Challenges. In the event of any challenge to the City's annexation or zoning of the Subject
Property, the City agrees that, in cooperation with the Developer, the City shall undertake such
process as is necessary and appropriate to correct any deficiency associated with the annexation
or zoning of the Subject Property. In such event, the City agrees that the Parties shall not be
required to await adjudication of any such challenge, but that the Parties should proactively
undertake such process as is necessary to reapprove the annexation and zoning on terms
consistent with the approvals set forth herein.
4.2 City Assistance. The City agrees to cooperate and provide any reasonable assistance
requested by Developer in applying for and obtaining any and all approvals or permits necessary
for the development of the Subject Property as long as the Developer reimburses whatever costs
and expenses the City incurs in providing assistance. The City will cooperate with Developer's
specified vendors to assert applicable tax exemptions relating to purchase of materials to be
incorporated into the public improvements, consistent with the Illinois Department of Revenue
Regulations, the Retailers' Occupation Tax and with all requirements of law (including providing
the City's form tax exempt letter as may be required).
4.3 UDO Freeze. For the term of this Agreement no amendment to the UDO which imposes
more stringent requirements on the development or use of the Subject Property shall be
applicable to the Subject Property. Upon the expiration of this Agreement pursuant to terms set
forth in this Agreement, the Subject Property shall be governed by the underlying M-2 zoning as
A
modified by the approved planned unit development and shall be subject to the prevailing terms
of the City's Code.
4.4 Equal Treatment. The City acknowledges that Developer is making a substantial up -front
investment in the Subject Property in consideration of the rights herein granted to construct
multiple buildings on the Subject Property over a twenty (20) year period. While the City will not
freeze permit fees or building codes applicable to the Subject Property, the City hereby agrees
not to impose new fees, requirements, or code provisions which would uniquely burden (i.e. not
generally applicable to other commercial users) Developer's intended development, use, and
operation of the Subject Property or the development, use and operation of data centers in
general.
4.5 Certificate of Occupancy. The City shall issue a certificate of occupancy for each building
constructed on the Subject Property when the building is fully capable of being served by sanitary
sewers, storm sewers, water main, public/private roads, natural gas (as may be applicable), and
electric utilities, and is otherwise in conformance with City Codes and other applicable state laws,
and all applicable fees have been paid. The City agrees to issue temporary or conditional
occupancy permits in the event that weather conditions prohibit the installation of certain
subdivision improvements such as sidewalks, private drive aisles, and required landscaping.
Article 5. Term
The term of this Planned Unit Development Agreement commences and will be in full force
and effect upon its execution by the parties and terminate on the first to occur: (i) development of
all acreage of the Subject Property per Site Plan; or, (ii) the twentieth anniversary of the issuance
by the City of the first Building Permit for the Subject Property.
Article 6. Notices
Notices. All notices and other communications in connection with this Agreement shall be
in writing and shall be deemed delivered to the addressee thereof (a) when delivered in person
on a business day at the address set forth below, or (b) on the third business day after being
deposited in any main or branch United States post office, for delivery by properly addressed,
postage prepaid, certified or registered mail, returned receipt requested, at the address set forth
below, or (c) by email transmission, when transmitted to email address set forth below, when
actually received provided that any email transmission shall be accompanied by a delivery of a
written notice via first class mail to the addresses below.
Notices and communications to Developer shall be addressed to, and delivered at, the following
addresses,
With a copy to:
C1 Yorkville, LLC Russell G. Whitaker III
2820 N. Harwood Street, Suite 2200 Rosanova and Whitaker, Ltd.
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Dallas, Texas 75201
Attn: Legal Department
445 Jackson Ave., Suite 200
Naperville, Illinois 60540
C1 Yorkville, LLC
Attm Legal Department
2820 N. Harwood Street, Suite 2200
Dallas, Texas 75201
Notices and communications to the City shall be addressed to and delivered at these addresses:
With a copy to:
United City of Yorkville Ottosen DiNolfo Hasenbalg & Castaldo, Ltd.
651 Prairie Pointe 1804 N. Naper Blvd., Ste. 350
Yorkville, Illinois 60560 Naperville, Illinois 60563
Attn: City Administrator Attn: Attorney Kathleen Field Orr
By notice complying with the requirements of this Section, each party shall have the right to
change the address or addressee, or both, for all future notices and communications to such
party, but no notice of a change of address or addressee shall be effective until actually received.
Article 7. Mutual Understandings
7.0 Violations. In the event of a material breach of this Agreement, the Parties agree that the
defaulting Party shall have thirty (30) days after notice of said breach to correct the same or
diligently commence to cure said breach prior to the non -breaching Party's seeking of any remedy
provided for herein. However, any breach by Developer reasonably determined by the City to
involve health or safety issues may be the subject of immediate action by the City without notice
of thirty (30) day delay. The failure of the Parties to insist upon the strict and prompt performance
of the terms, covenants, agreements, and conditions herein contained, or any of them upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
Party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same
shall continue in full force and effect.
7.1 Amendments. This Agreement and the zoning applicable to the Subject Property may not
be amended without the mutual consent of the Parties. Any amendment to the terms, covenants
and agreements as set forth in this Planned Unit Development Agreement shall be in accordance
with the provisions of Section 10-8-8G of the LIDO which provides as follows:
G. Amendments to Approved Planned Unit Development.
Determination of Level of Change. Upon receiving a Planned Unit
Development Amendment application, the Zoning Administrator shall
determine whether the amendment is a major amendment, or a minor
amendment based on the criteria detailed in Section 10-8-8(G)(2) below.
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2. Major Amendment. A major amendment is any proposed change to an
approved Planned Unit Development that results in one or more of the
following changes:
a. More than a ten percent (10%) increase in the square footage of the
buildings;
b. Any structure greater than 100' in height;
c. Except as other set forth above, any deviation from the site data standards
set forth on the Site Plan.
d. Any deviation from applicable provisions of the UDO;
3. Minor Amendment. A minor amendment is any proposed change to an
approved Planned Unit Development that is consistent with the standards and
conditions upon which the Planned Unit Development was approved, which
does not alter the concept or intent of the Planned Unit Development and is
not considered a major amendment as detailed in Section 10-8-8(G)(2).
4. Approval Processes.
a. Major Amendment. A major amendment to an approved Planned Unit
Development shall follow the procedure set in Section 10-8-8(F) of the
UDO.
b. Minor Amendment.
(1) Zoning Administrator Review. The minor amendment shall be
reviewed and approved by the Zoning Administrator.
72. Governing_ Law. This Planned Unit Development Agreement and the terms, provisions,
and conditions herein shall be governed by and construed and enforced in accordance with the
laws of the State of Illinois and if enforced by judicial proceedings, the parties agree that such
proceedings shall be conducted in the Circuit Court of Kendall County, Illinois.
7.3 Counterparts. This Agreement is to be executed in two or more counterparts, each of
which shall be deemed an original but all of which shall constitute the same instrument.
7.4 Force Majeure. In the event the performance of any covenant to be performed hereunder
by a Party is delayed for causes which are beyond the reasonable control of the Party responsible
for such performance (which causes shall include, but not be limited to, acts of God; inclement
weather conditions; global pandemic; strikes; material shortages; lockouts; the revocation,
suspension, or inability to secure any necessary governmental permit, other than a City license
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or permit; and any similar case), the time for such performance shall be extended by the amount
of time of such delay.
7.5 Successor and Assigns. This Agreement shall inure to the benefit of, and be valid and
binding upon, the Parties and their successors and assigns for the term of the Agreement. It is
understood and agreed by the Parties hereto that in the event any part of the Subject Property is
sold or conveyed at any time during the term of this Agreement, all unaccrued obligations and
responsibilities of the prior title holder to said part of the Subject Property conveyed shall be
released and be assumed by such purchaser of the part of the Subject Property conveyed, and
the prior title holder shall be fully released from all unaccrued obligations which relate thereto.
Notwithstanding the foregoing, the City shall not be required to release any Surety until the
successor owner has posted replacement Surety for the improvement obligations being assumed
by said successor owner, which Surety shall be in a form and amount acceptable to the City. In
the event that part of the Subject Property is to be conveyed, the respective owners may enter
into an agreement parsing respective obligations under this Agreement between the respective
owners and the City shall not unreasonably withhold its consent to any such agreement.
7.6 Severability. Should any provision of this Agreement or application thereof to any party or
circumstance be held invalid, and such invalidity does not affect other provisions or applications
of this Agreement which can be given effect without the invalid application or provision, then all
remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set
forth below their respective signatures, to be effective as of the Effective Date.
United City of Yo ille
By:
Mayor
Date: ,J U � W I , 2024
C1 Yorkville, LLC
By: C
Date: a 2024
10
Atte
By: ' !r
EXHIBIT LIST
Exhibit A-
Site Plan
Exhibit B-
Phasing Plan
Exhibit C-
Landscape Plan
Exhibit D-
Building Elevations
Exhibit E-
Roadway Cross Section
Exhibit F- Road Improvement Cost Estimate
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Exhibit A
M HNVJI'Aj bo UNUARIES
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SCALE - :—:-- SB Udty FenCe
CYRUS ONE - YORKVILLE ILLINOIS - PRELIMINARY PUD PLAN
SCnIE: 1• = xOD PT FUlL91EE 15Pg9I
Exhibit B
Phasing Plan
Phase
Building #
Stormwater Pond
Serving Phase
Ancillary Infrastructure
1
4
Pond 3 & 5
Primary Access Road, Fire Access Road, Building Permiter Road, On -
Site Parking, Substation and Perimiter Fencing.
2
2
Pond 2
Building Perimeter Road and On -Site Parking.
3
3
Pond 1 & 4
Building Perimeter Road and On -Site Parking.
4
1
Pond 1 & 2
Building Perimeter Road and On -Site Parking.
5
5
Pond 5
Building Perimeter Road and On -Site Parking.
6
6
Pond 6
Building Perimeter Road and On -Site Parking.
7
7
Pond 6
Building Perimeter Road and On -Site Parking.
8
8
Pond 6
Building Perimeter Road and On -Site Parking.
9
9
Pond 6
Building Perimeter Road and On -Site Parking.
Note: Sequence and phasing may be revised or combined to optimize construction logistics or
based on customer demand and power availability.
i
i
M $Na M�EH1
1
1
T1TE D
LAND6CAPE
1..
li
POND)
" SO LDING 0
2 STORY
BUILDING? DATA CENTEk
POND a 2STORY
DATA CENTER
SUBSTATION
(800' % 1000')
BUILDING 1 .,
2 STORY
I DATA CENTER BUILDINGO
i 2 STORY
OI POND - OATA CENTER
&1
�I �! I� .n n n •--n o B2&TOY
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�I m�- r DATA CENTER
I1
{ I SUILDINOI BUILDING BINLDlNOA I �ABUILDINGS
1 2STORY 9STORV YBTORY 78TORY
1 DATA CENTER E' DATA CENTER DATACENTER DATACENTER
1
POND 6
1 POND , POND
—
FA%ON ROAD LAWG1 AAE ~ ~
uROecpAE Leoend:
0 Shade Tree [epeaes TBD)
• Evergreen Tree {species TBD)
- 't a OmamenlM Tree{fip.d.e TED)
CYRUS ONE PRELIMINARY PLAN
Yorkville, Illinois A 1'-207
06-06-20241023-06943 Exhibit N tl 1® olss®n-
scaiE IN EEET
PREFINISHED METAL
COLLECTOR BOX
AND DOWNSPOUT, TYP,
_
CPA
E
iI
X-D' AMERI&TAR FENCE', I
TYPICAL FOR ALL
SERVICE YARD FLNC ING I 3
'
ACM-2
STOREFRONT ENTRY DOCK
NORTH/SOUTH EXTERIOR ELEVATION
CP1
ACI
PRE-MANVFACTVRED
CANOPY -
D ❑NG l"
f ACM -I
f
PAINTED METAL DOOR. TYP,
EXTERIOR STOREFRONT
LDWERED METAL
PANEL ENTRY CANOPY
L� -
i� -
LA
CP-i
! I ALIIMINVM CLIENT
LOGO SIGN-{� LOCO:
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ABS
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Ir CP-1
OVERHEAD DOORS ,.,
.- -.-.
-
..,. _
;: _. .. -z
:.. - .:.
SERVICE YARD
...
-
PAINTED TYP, L
DOOR. TYP.
CMV WALL AT
SERVICE YARD
EASTMEST EXTERIOR ELEVATION
c P-1 I TILT -VP CONCRETE PANEL
CP.S I TILT -LIP CONCRETE PANEL
ACM-1 I COMPOSITE METAL PANEL ACM.21 METAL PANEL
ACMa I C COMPOSITE METAL PANEL
AB51 ACOUSTIC BARRIER SCREEN WALL
PAINTED
PAINT£D
■
SHI CHEMICAL ICAL COMP
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MZG MICAGREY
a ■
CHEMICAL C
SHI CH
PEXPE TER HE7ALLICCMPOSRES
PE%PEWTER METALLIC
a
El
SHERWIN WILLIAMS SW 7075 WEB GRAY
ELASTOMERIC COATED
BENJAMIN MOORE 212110 SILVER HALF
ELASTOMERIC COATED
DOLLAR MICAMNC CLEPA
EXTERIOR ELEVATIONS
C O R G A N
-11I32" = V-Q" -
PAINTED METAL
DOOR, TYP.
C12
6'-0" AMERISTAA FENCE:
TYPICAL FOR ALL SERVICE
YARD FENCING
UNORTH/SOUTH EXTERIOR ELEVATION
ABS
LP-2
CP-1
R
IONT
METAL
(P-
;D METAL
tlTRY CANOPY
S'-P
SERVICE YARD FENCING
1 EASTNVEST EXTERIOR ELEVATION
CP-1 I TLT.NP CONCRETE PANEL ■ CP-R I TILT -DP CONCRETE PANEL ACM-7 I ALPOLIC COMPOSITE METAL PANEL ■ ACM-21 AIP011C COMPOSITE METAL PANEL[-] ACMJ I ALPOLIO COMPOSITE METAL PANEL �J
ABS ACOUSTIC BARRIER SCREEN WALL
PAINTED PM NTED MITSDBISHI CHEMICAL COMPOSITES MITSUBISHI CHEM ICAL COMPOSITES MITSDBISHI CHEMICAL COMPOSITES
SHERWIN WILLIAMS SW 7075 WEB GRAY BENJAMIN MOORE 2121.40 SILVER HALF DOLLAR MICAMNC CLEAR MZG MICA GREY PEA PEWTER METALLIC
ELASTOMERIC COATED ELASTOMERIC COATED
EXTERIOR ELEVATIONS
-Al 132" - T-0" -
CORGAN
Exhibit E
PROPOSED FAXON ROAD AND BEECHER ROAD PAVEMENT SECTION
PAVEMENT
EX.
EX.
R.O. W.
R.O. W.
80' R.O.W. (VARIES)
24'
2' 2'
12'
12'
2' 2'
PGL
RESTORATION —
TOPSOIL, SEED,
n
2.00%
2.00%
FFRTIL17FR &
o
400%
4.O
HYDRO MULCH
U
��..\A)
`
CID
r`
AGGREGATE BASE
o
COURSE, 12"
AGGREGATE SHOULDER,
i
HOT —MIX ASPHALT BASE
GEOTECHNICAL
TYPE B, 9"
~
m
COURSE, 5°
FABRIC FOR GROUND
PROPOSED HOT —MIX
w
BITUMINOUS MATERIALS TACK
STABILIZATION
ASPHALT SHOULDER,
9" W/ SUBBASE
/ PRIME COAT
GRANULAR MATERIAL,
HOT —MIX ASPHALT BINDER
TYPE B, 12"
N
COURSE, IL-19.0, N50, 2.5"
i
HOT —MIX ASPHALT SURFACE
a
COURSE, MIX "D", N50, 1.5"
cli
w
J_
Y
O
O
O
CROSS SECTION Y
0
UNITED CITY OF YORKVILLE Engineering Enterprises, Inc. SCALE: DRAWN BY: i
KENDALL COUNTY, ILLINOIS 52 Wheeler Road NTS KKP
Sugar Grove, Illinois 60554 F DATE: h'EV15ED:
630.466.6700 — www.eeiweb.com 05/23/24
COPYRIGHT O 2024 ENGINEERING FNTFRPRISFS, INC.
Exhibit F
JOB -DR
DESIGNED:
JHS/CJED: JHSlCJO
DATE: July 1, 2024
PROJECT TITLE: Faxon Road Reconstruction
ITEM
I
UNIT
NO.
ITEM
UNIT
QUANTITY
PRICE
AMOUNT
1
HOT -MIX ASPHALT SURFACE REMOVAL - BUTT JOINT
SY
175
$ 25.00
$ 4,375.00
2
EARTH EXCAVATION
CY
5,440
$ 40.00
S 217,600.00
3
GEOTECHNICAL FABRIC FOR GROUND STABILIZATION
SY
7,51 D
$ 3.00
S 22,530.00
4
1AGGREGATE BASE COURSE, 12"
SY
7,51 D
$ 22.00
$ 165,220.00
5
HOT-WX ASPHALT BASE COURSE, 5"
SY
81215
$ 30.00
$ 186,450.00
6
BITUMINOUS MATERIALS (PRIME/TACK COAT)
LB
5,595
$ 0.20
$ 1,119.00
7
HOT -MIX ASPHALT BINDER COURSE, IL-19-0, N50
TON
985
$ 90.00
$ 88,650.00
8
HOT -MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50
TON
540
$ 100.00
$ 54,000.00
9
AGGREGATE SHOULDERS, TYPE B, 9"
SY
1,035
$ 20.00
$ 20,700.00
i0
HOT-WX ASPHALT SHOULDERS, 9"
SY
1,035
$ 60.00
$ 62,100.00
i 1
THERMOPLASTIC PAVEMENT MARKING - LINE 4"
FOOT
9,300
$ 1 00
$ 9,300.00
12
THERMOPLASTIC PAVEMENT MARKING - LINE 24"
FOOT
12
$ 8.00
$ 96.00
13
PIPE CULVERT REMOVAL
FOOT
180
$ 4D,00
S 7,200.00
14
1PIPE CULVERTS, CLASS C, TYPE 1, 12"
FOOT
180
$ 10000
$ 18,000.00
15
JAGGREGATE SU13GRADE IMPROVEMENT
CY
605
$ 40 00
$ 24,200 00
16
IRESTORATION
SY
6,215
$ 15,00
$ 93,225,00
17
1GRADING AND SHAPING DITCHES
FOOT
4,660
$ 10.00
$ 46,600Z0
18
IGUARDRAIL REMOVAL AND REPLACEMENT
FOOT
45
$ 110.00
$ 4,950.00
19
ISIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT
EACH
3
$ 400.00
$ 1,200-00
20
IRELOCATE EXISTING MAILBOX
EACH
2
$ 750.00
$ 1,500.00
21
TRAFFIC CONTROL AND PROTECTION
L SUM
1
$ 30,000.00
$ 30,000.00
22
MOBILIZATION
L SUM
1
$ 75,000.00
$ 75,000.00
23
ELDAMAIN ROAD INTERSECTION IMPROVEMENTS
L SUM
1
$ 300,000.00
$ 300,000.00
SUBTOTAL
$ 1,434,015.D0
CONTINGENCY (20%)
$ 287,000.00
TOTAL
$ 1,721,015.00
DESIGN ENGINEERING
$ 172,000.00
CONSTRUCTION ENGINEERING
S 172,000.00
ROW ACQUISITION
$ 100,000,CD
TOTAL PRELIMINARY COST ESTIMATE $ 2,165,015.00
Notes:
24' Edge to Edge Pavement, Plus 4' Shoulders (2' Asphalt, 2' Stone)
Grading and Shaping Ditches Accounts for Full Length of Project
Earth Excavation Accounts for Removal of Pavement, Stone, Base, Clay, Etc. to a Depth of 21"
Earth Excavation Includes Removal of Unsuitable Material for Potential Undercuts
Any Fill Material Necessary is Included in the Cost of Earth Excavation
WilkywaySEEI_StoragelbocslPubllc%Yorkville\20241Y02426-DR Cyrus OnelRoadwayslPreliminaryCost Eslimate_YO2426 (Revised 7-1-24)
JOBDES NO: Y0242JHS/CJ -DR
DESIGNED: JHSlCJO
DATE: July 1, 2024
PROJECT TITLE: Beecher Road Reconstruction
ITEM
UNIT
NO.
ITEM
UNIT
QUANTITY
PRICE
AMOUNT
1
HOT -MIX ASPHALT SURFACE REMOVAL - BUTT JOINT
SY
110
$ 25.00
$ 2,750.00
2
EARTH EXCAVATION
CY
3,420
$ 40.00
$ 136,800.00
3
GEOTECHNICAL FABRIC FOR GROUND STABIL17ATION
SY
4,725
$ 3.00
$ 14,175.00
4
AGGREGATE BASE COURSE, 12"
SY
4,725
S 22.00
$ 103,950.00
5
1 HOT -MIX ASPHALT BASE COURSE, 5"
SY
3,910
$ 30.00
$ 117,300.00
6
BITUMINOUS MATERIALS (PRIME/TACK COAT)
LB
3,520
$ 0.20
$ 704.00
7
HOT -MIX ASPHALT BINDER COURSE, IL-19.0, N50
TON
565
$ 90.00
$ 50,850.00
8
HOT -MIX ASPHALT SURFACE COURSE, IL-9.5, MIX "D", N50
TON
340
$ 100.00
$ 34,000.00
9
AGGREGATE SHOULDERS, TYPE B, 9"
SY
655
$ 20.00
$ 13,100.00
10
HOT -MIX ASPHALT SHOULDERS, 9"
SY
655
$ 60.00
$ 39,300.00
11
THERMOPLASTIC PAVEMENT MARKING - LETTERS & SYMBOLS
SF
125
$ 4.00
$ 500.00
12
THERMOPLASTIC PAVEMENT MARKING - LINE 4"
FOOT
5,860
$ 1.00
$ 5,860.00
13
THERMOPLASTIC PAVEMENT MARKING - LINE 24"
FOOT
48
$ 8.00
$ 384,00
14
PIPE CULVERT REMOVAL
FOOT
50
$ 40.00
$ 2,000,00
15
PIPE CULVERTS, CLASS C, TYPE 1, 12"
FOOT
50
$ 100.00
$ 5,000,00
16
AGGREGATE SUBGRADE IMPROVEMENT
CY
380
$ 40.OD
$ 15,200,00
17
RESTORATION
SY
3,910
$ 15,00
$ 58,650.00
18
GRADING AND SHAPING DITCHES
FOOT
2,930
S 10,00
$ 29,300.00
19
SIGN PANEL ASSEMBLY REMOVAL AND REPLACEMENT
EACH
6
S 400,OD
$ 2,400.00
20
RELOCATE EXISTING MAILBOX
EACH
1
$ 750,00
$ 750.00
21
TRAFFIC CONTROL AND PROTECTION
L SUM
1
$ 20,000.00
$ 20,000.00
22
MOBILIZATION
L SUM
1
$ 40,000.00
$ 40,000.00
SUBTOTAL
$ 692,973.00
CONTINGENCY (20%)
$ 139,000.00
TOTAL
$ 831,973.00
DESIGN ENGINEERING
$ 83,000.00
CONSTRUCTION ENGINEERING
$ 83,000.00
ROW ACQUISITION
$ 50,000.00
TOTAL PRELIMINARY COST ESTIMATE $ 1,047,973.00
Notes:
24' Edge to Edge Pavement, Plus 4' Shoulders (2' Asphalt, 2' Stone)
Grading and Shaping Ditches Accounts for Full Length of Project
Earth Excavation Accounts for Removal of Pavement, Stone, Base, Clay, Etc. to a Depth of 21"
Earth Excavation Includes Removal of Unsuitable Material for Potential Undercuts
Any Fill Material Necessary is Included in the Cost of Earth Excavation
11Milk"aylEE1_StoragelDocs%PublicSYorkvilie120241Y02426-BR Cyrus OnelRoadwaysTreliminary Cost Estimate_Y02426 (Revised 7-1-24)