Ordinance 2024-47 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2024-47
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE FIRST AMENDMENT TO A DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RALLY
HOMES, L.L.C.
Passed by the City Council of the
United City of Yorkville, Kendall County, Illinois
This 10"day of September, 2024
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville, Kendall
County, Illinois on October 16, 2024.
Ordinance No. 2024-47
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING THE FIRST AMENDMENT TO A DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RALLY
HOMES, L.L.C.
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, Rally Homes, LLC, an Illinois limited liability company (the "Developer")
has acquired approximately fifty (50) acres located in the City at Van Emmon Road and Timber
Oak Lane (formerly Benjamin Street), commonly known as "Kendallwood Estates" legally
described on Exhibit A attached hereto (the "Subject Property") and entered into a Development
Agreement on January 25, 2022 with the City to develop the Subject Property (the "Original
Agreement") with eighty-three (83) single family homes (the "Development"); and
WHEREAS, the Original Agreement required the Developer, among other things, to
construct a twelve-inch (12") high pressure water line to be located along Illinois Route 126 and
to acquire an easement from the adjoining property to the south of the Development and the
installation of a pressure reducing valve station to serve the lower pressure areas of the
Development (the "Water Main Extension') on or before May 31, 2024; and
WHEREAS,the Developer, at the request of the City, is now required to install a sixteen-
inch (16") high pressure water main line to be located outside the future Illinois Department of
Transportation (IDOT) right of way, but has not been able to acquire the easements necessary to
proceed to construct the Water Main Extension and has requested an extension of time to complete
the Water Main Extension to November 30, 2025, and complete repairs to the existing retaining
wall and fence along the perimeter of the subdivision no later than November 30, 2024 pursuant
to an amendment to the Original Agreement as hereinafter provided.
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 recitals in the preambles to this Ordinance are incorporated into
this Section 1 as if fully set forth herein.
Ordinance No.2024-47
Page 2
Section 2. That the First Amendment to a Development Agreement Between the
United City of Yorkville and Rally Homes, LLC, 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
I Oth day of September,A.D. 2024.
CIT�,'CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
this day of ``CjA -A.D. 2024.
MAYOR --'
Attest:
bITCLERK
Ordinance No.2024-47
Page 3
Exhibit A
LOTS 1 THROUGH 91 INCLUSIVE OF KENDALLWOOD ESTATES, BEING A SUBDIVSION OF PART OF THE
NORTHWEST 1/4 OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 AND PART OF THE SOUTHWEST 1/4
OF SECTION 33, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLATTHEREOF RECORDED DECEMBER 14, 2007 AS
DOCUMENT 200700035947, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
Exhibit B
KENDALLWOOD
05-04-131-003-0000 (AFTECTS LOT 1)
05-04-131-002-0000 (AFFECTS LOT 2)
05-04-127-003-0000 (AFFECTS LOT 3)
05-04-127-002-0000 (AFFECTS LOT 4)
02-33-377-032-0000 (AFFECTS LOT 5)
02-33-377-031-0000 (AFFECTS LOT 6)
02-33-377-029-0000 (AFFECTS LOT 7)
02-33-377-028-0000 (AFFECTS LOT 8)
02-33-377-027-0000 (AFFECTS LOT 9)
02-33-377-026-0000 (AFFECTS LOT 10)
02-33-377-025-0000 (AFFECTS LOT 11)
02-33-377-024-0000 (AFFECTS LOT 12)
02-33-377-023-0000 (AFFECTS LOT 13)
02-33-377-022-0000 (AFFECTS LOT 14)
02-33-377-021-0000 (AFFECTS LOT 15)'
02-33-377-020-0000 (AFFECTS LOT 16)
02-33-377-019-0000 (AFFECTS LOT 17)
02-33-377-018-0000 (AFFECTS LOT 18)
02-33-377-017-0000 (AFFECTS LOT 19)
02-33-377-016-0000 (AFFECTS LOT 20)
02-33-377-015-0000 (AFFECTS LOT 21)
02-33-377-014-0000 (AFFECTS LOT 22)
02-33-377-013-0000 (AFFECTS LOT 23)
02-33-377-012-0000 (AFFECTS LOT 24)
02-33-377-011-0000 (AFFECTS LOT 25)
02-33-377-010-0000 (AFFECT'S LOT 26)
02-33-377-009-0000 (AFFECTS LOT 2-1)
02-33-377-008-0000 (AFFECTS LOT 28)
02-33-377-007-0000 (AFFECTS LOT 29)
02-33-377-006-0000 (AFFECTS LOT 30)
02-33-377-005-0000 (AFFECTS LOT 31)
02-33-377-004-0000 (AFFECTS LOT 32)
02-33-377-003-0000 (AFFECTS LOT 33)
02-33-377-002-0000 (AFFECTS LOT 34)
02-33-378-001-0000 (AFFECTS LOT 35)
02-33-378-002-0000 (AFFECTS LOT 36)
02-33-378-003-0000 (AFFECTS LOT 37)
02-33-378-004-0000 (AFFECTS LOT 38)
02-33-378-005-0000 (AFFECTS LOT 39)
r'ENDAL
ATE iRANSFPR
SM000000 #
4�
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9W
kYl 31�d9
02-33-378-006-0000 (AFFECTS LOT 40)
02-33-379-002-0000 (AFFECTS LOT 41)
02-33-379-001-0000 (AFFECT'S LOT 42)
02-33-379-003-0000 (AFFECT'S LOT 43)
02-33-379-004-0000 (AFFECTS LOT 44)
02-33-379-005-0000 (AFFECTS LOT 45)
02-33-379-006-0000 (AFFECTS LOT 46)
02-33-379-007-0000 (AFFECTS LOT 47)
02-33-379-008-0000 (AFFECTS LOT 48)
02-33-379-009-0000 (AFFECTS LOT 49)
02-33-379-010-0000 (AFFECTS LOT 50)
02-33-379-011-0000 (AFFECTS LOT 51)
02-33-380-001-0000 (AFFECTS LOT 52)
02-33-380-002-0000 (AFFECTS LOT 53)
02-33-380-003-0000 (AFFECTS LOT 54)
02 33-380-004-0000 (AFFECTS LOT 55)
02-33-380-005-0000 (AFFECTS LOT 56)
02-33-380-006-0000 (AFFECTS LOT 57)
02-33-380-007-0000 (AFFECTS LOT 58)
02-33-380-008-0000 (AFFECTS LOT 59)
02-33-380-009-0000 (AFFECTS LOT 60)
02-33-380-010-0000 (AFFECTS PART OF LOT 61)
05-04-128-001-0000 (AFFECTS PART OF LOT 61)
02-33-380-011-0000 (AFFECTS FART OF LOT 62)
05-04-128-002-0000 (AFFECTS PART OF LOT 62)
02-33-380-012-0000 (AFFECTS PART OF LOT 63)
05-04-128-003-0000 (AFFECTS PART OF LOT 63)
05-04-128-004-0000 (AFFECTS LOT 64)
05-04-128-005-0000 (AFFECTS LOT 65)
05-04-128-006-0000 (AFFECTS LOT 66)
05-04-128-007-0000 (AFFECTS LOT 67)
05-04-128-008-0000 (AFFECTS PART OF LOT 68)
02-33-380-013-0000 (AFFECTS PART OF LOT 68)
05-04-128-009-0000 (AFFECTS PART OF LOT 69)
02 33-380-014-0000 (AFFECTS PART OF LOT 69)
02-33-380-015-0000 (AFFECTS LOT 70)
02-33-380-016-0000 (AFFECTS PART OF LOT 71)
05-04-129-001-0000 (AFFECTS PART OF LOT 71)
05-04-129-002-0000 (AFFECTS LOT 72)
05-04-129-003-0000 (AFFECTS LOT 73)
05-04-129-004-0000 (AFFECTS LOT 74)
05-04-129-005-0 0 (AFFECTS LOT 75)
05-04-129-006-0000 (AFFECTS LOT 76)
05-04-129-007-0000 (AFFECTS LOT 77)
05-04-129-008-0000 (AFFECTS LOT 78)
201200024319 4/5
05-04-129-009-0000 (AFFECTS LOT 79)
05-04-130-001-0000 (AFFECTS LOT 80)
05-04-130-002-0000 (AFFECTS LOT 81)
05-04-130-003-0000 (AFFECTS LOT 82)
05-04-130-004-0000 (AFFECTS LOT 83)
02-33-377-001-0000 (AFFECTS LOT 84)
02-33-378-007-0000 (AFFECTS LOT 85)
02-33-377-034-0000 (AFFECTS LOT 86)
02-33-377-030-0000 (AFFECTS LOT 87)
02-33-377-033-0000 (AFFECTS FART OF LOT 88)
05-04-127-001-0000 (AFFECTS PART OF LOT 88)
05-04-127-004-0000 (AFFECTS LOT 89)
05-04-131-001-0000 (AFFECTS LOT 90)
05-04-201-007-0000 (AFFECTS LOT 91)
201200024319 515
FIRST AMENDMENT TO A DEVELOPMENT AGREEMENT BY
AND BETWEEN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS AND RALLY HOMES, LLC
This First Amendment (the "Amendment') to a Development Agreement (the "Original
Agreement')dated January 25, 2022, by and between the United City of Yorkville, Kendall County,
Illinois (the "City') and Rally Homes, LLC, an Illinois limited liability company (the "Developer') is
entered into the I Otl\day of September 2024.
Article 1: Recitals
1.1 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 with
authority to promote the health and welfare of its inhabitants, to encourage private development
in order to enhance the local tax base, to increase job opportunities and to enter into contractual
agreements with third parties for the purpose of achieving these goals.
1.2 On January 25, 2022, the City and the Developer entered into the Original
Agreement by which the Developer agreed to construct eighty-three (83) single family homes(the
"Development') on fifty (50) acres located at Van Emmon Road and Timber Oak Lane, formerly
Benjamin Street (the "Subject Property') which included the following specific obligations of the
Developer pursuant to Sections 1.3(a) and 1.3 (b) of the Original Agreement:
(a) Instead of constructing two water lines each serving a section of the
Development, the Developer plans to construct a twelve inch (12") high pressure water
line to be located along Illinois Route 126(the"Water Main Extension')which shall require
the Developer to acquire an easement upon the adjoining property to the south of the
Development and immediately north of Illinois Route 126; and the installation of a
pressure reducing valve station to serve lower pressure areas of the Development;which
a water main extension shall be sufficient to serve the Development.
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(b) That the Developer be permitted to construct, sell and obtain occupancy
permits for up to forty-three (43) residential home sites as approved by the City Engineer
provided that the completion of the entire required Water Main Extension along Illinois
Route 126 and the looping as approved by the City Engineer and the Director of the City's
Public Works Department for the entire Development be completed and operational on
or before May 31, 2024.
Article 2:Amendments to the Original Agreement
The Original Agreement is hereby amended as follows:
2.1 Section 1.3 (a) of the Original Agreement is hereby deleted and replaced with the
following:
1.3 (a) The Developer agrees to install a sixteen-inch (16") water main as
a part of the City's Lake Michigan water improvement project instead of a twelve-
inch (12") water main and to construct such water main extension outside of the
Illinois Department of Transportation future Illinois Route 126 right-of-way. The City
agrees to reimburse the Developer for the cost difference for installing the sixteen-
inch (16") water main instead of a twelve-inch (12") water main in the amount of
$218,321.22 and to pay HR Green $5,277.50 for redesigning the water main due
to the increase from twelve-inch (12") to six-inch (16"). Payment to Developer of
$218,321.22 shall be made within thirty (30) days of the date of substantial
completion of the water main installment as determined by the city engineer.
Payment to HR Green shall be made within thirty (30) days of the date of the
execution of this Amendment.
2.2 Section 1.3 (b) is hereby amended by deleting said section and replacing it with
the following:
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1.3 (b)That the Developer agrees to acquire the two easements necessary
to construct the Water Main Extension and the necessary looping system, one of
which has been acquired. The property owner of the second necessary easement
has demanded a sale price of$5,000 and one free water connection to the Water
Main Extension. The City agrees to reimburse the Developer$2,500 for the second
easement upon delivery of an easement document executed by the property owner
in a form approved by the City Engineer and recorded by the Kendall County
Recorder. The City agrees to permit the construction of up to forty-three (43)
residential homes in accordance with all permits and applicable City ordinances
provided the Water Main Extension along Illinois Route 126 and the looping of the
water main as approved by the City Engineer and the Director of Public Works be
completed on or before November 30, 2025.
2.3 The Developer agrees to repair or replace, if necessary, on or before November
30, 2024, all retaining walls and fencing which is located around the perimeter of the Subject
Property and in the water retention areas.
2.4 Article 4 of the Original Agreement is hereby deleted in its entirety.
Article 3. Mutual Agreements
3.1 The parties to this Amendment hereby agree and confirm that all provisions of the
Original Agreement not amended by this Amendment remain in full force and effect for the term
as provided in Article above.
3.2 No modification, addition, deletion, revision, alteration, or other change to the
Original Agreement or these Amendments shall be effective unless and until the change is
reduced to writing and executed and delivered by the City and the Developer. No term or condition
of the Original Agreement or this Amendment shall be deemed waived by any party unless the
term or condition to be waived, the circumstances giving rise to the waiver and, where applicable,
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the conditions and limitations on the waiver are set forth specifically in a duty authorized and
written waiver of such party. No waiver by any party of any term or condition of the Original
Agreement or this Amendment shall be deemed or construed as a waiver of any other terms or
conditions of the Original Agreement or this Amendment nor shall waiver of any breach be
deemed to constitute a waiver of any subsequent breach whether of the same or different
provisions of the Original Agreement or this Amendment.
3.3 The term of this Agreement shall commence upon execution of the parties and this
Amendment and the Original Agreement shall terminate on the fifth anniversary of the date of
execution of this Amendment.
3.4 The City will assist, if necessary, in getting Developer reimbursement as set forth
in the 2006 Development Agreement, recorded in Kendall County, Illinois.
3.5 If any section, subsection, term, or provision of the Original Agreement or this
Amendment 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 the Original
Agreement or this Amendment 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.
3.6 This Amendment 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.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date set
forth below their respective signatures, to be effective as of the date said execution.
UNITED CITY OF YORKVILLE,
Attest.-
an Illinois u i i I corporation
By: V\ _ By:
TCity Clerk
�., M a
Date: ��1 � ` ► 2024
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RALLY HOMES, LLC,
an Illinois Limited Liability Company
By: �
Date: , 2024
5