Resolution 2026-01Resolution No. 2026-01
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING A SETTLEMENT AGREEMENT
(Whispering Meadows Community Association, Inc.)
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing unit of government of the State of Illinois within the meaning of
Article VII, Section 10 of the 1970 Illinois Constitution; and
WHEREAS, on August 12, 2003, the City entered into an Annexation Agreement (the
"Annexation Agreement") with Kimball Hill Homes ("KH'), providing for the annexation and
development of certain real property owned or controlled by KH (the "Property") and payment of
certain fees and donations to the City and other units of government in connection with its
development of single-family residences within the Property; however, KH and related companies
filed for bankruptcy and as a result certain parcels of the Property were conveyed to a successor
developer which also failed to complete all of the necessary public improvements all of which
resulted in litigation (the "Litigation Term"); and
WHEREAS, during the Litigation Term, Whispering Meadows Community Association,
Inc., the homeowners association (the "HOA") performed maintenance of certain areas of the
Property which were , in fact, the responsibility of the KH or its successors and the City believes
that the HOA is entitled to reimbursement and is prepared to proceed with the reimburse the HOA
for its costs as provided in the Settlement Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
herein.
Section 1. The foregoing recitals are incorporated in this Resolution as if fully restated
Resolution No. 2026-01
Page 1
Section 2. That the Settlement Agreement by and between the United City of Yorkville,
Kendall County, Illinois and Whispering Meadows Community Association, Inc. , attached hereto
as Exhibit A and made a part hereof by reference, is hereby approved, and the Mayor and City
Clerk are hereby authorized to execute on behalf of the United City of Yorkville.
Section 3. That this Resolution 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
13`h day of January, A.D. 2026.
Y CLERK
KEN KOCH
AYE
DAN TRANSIER
AYE
ARDEN JOE PLOCHER
AYE
CRAIG SOLING
AYE
CHRIS FUNKHOUSER
AYE
MATT MAREK
AYE
RUSTY CORNEILS
AYE
RUSTY HYETT
AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois
i�
this b day of , A.D. 2026.
Attest:
n
Y CLERK
Resolution No. 2026-01
Page 2
SETTLEMENT AGREEMENT
This Settlement AGREEMENT ("Settlement Agreement") is dated as of the day
of , i 61. ulC� 202� a d is between the UNITED CITY OF YORKVILLE, an Illinois municipal
corporation ("the City") and Whispering Meadows Community Association, Inc., an Illinois not for
profit community association (the "HOA").
Recitals
WHEREAS, on August 12, 2003, the City entered into an Annexation Agreement
("Annexation Agreement") with Kimball Hill Homes ("KH"), providing for the annexation and
development of certain real property owned or controlled by KH (the "Property" ); and
WHEREAS, pursuant to the Annexation Agreement, KH was required to pay certain impact
fees, fees in lieu of land donations, annexation fees, municipal consultants' fees, connection fees
and other fees ( collectively the "Fees") and to make certain land donations ("Donations") to the
City and other units of government in connection with the development of single-family
residences within the Property; however, KH did not complete all of the necessary public
Improvements for such development; and
WHEREAS, on April 23, 2008, KH and related companies filed for Chapter 11 protection
with the United States Bankruptcy Court for the Northern District of Illinois and as a result certain
parcels of the Property were conveyed to a successor developer which also failed to complete all
of the necessary public improvements which resulted in litigation commencing in 2011 and finally
resolved in 2024 (the "Litigation Term"); and
WHEREAS, during the Litigation Term, the HOA performed maintenance of certain areas
of the Property which were the responsibility of the KH or the KH's successors and has now
requested reimbursement of its costs to perform such maintenance; and
The City believes that the HOA is entitled to reimbursement of its costs and is prepared to
proceed with the reimbursement, all as hereinafter provided.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties hereto, the City and the HOA agree as follows:
Section 1. Incorporation of Recitals
The above recitals are incorporated as part of this Settlement Agreement as though fully
set forth herein.
Section 2. Payment
Within 14 business days of the execution of this Settlement Agreement, the City shall pay
the HOA the sum of forty thousand (40,000) ("Payment") as full and final resolution of any
reimbursement due to the HOA for its maintenance of the Property during the Litigation Term.
Section 3. Release
In consideration of and effective upon the receipt of the Payment, the HOA hereby
completely, fully, finally, and forever releases and discharges the City, its offices, employees,
agents, attorneys, and engineers, jointly and severally, from all claims for any costs and expenses
related to and/or concerning the Property.
Section 4. Future Maintenance
Nothing in this Settlement Agreement shall preclude the City from otherwise enforcing its
ordinances as they apply to the Property. By way of example only, the City shall still be entitled to
enforce property maintenance ordinances in the event that the HOA or its successor fails to
maintain the Property.
Section 5. Counterparts
2
This Settlement Agreement may be executed in counterparts, each of which shall
constitute an original document, which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be
executed by their duly authorized officers on the date first above written.
UNITED CI OF YORKVILLE,
an Illinois cipal corporation
B: !
Y
John Purcell, Mayor
ATTEST,
�1 1 �fl
4rijr,Contrino, City Clerk
k.
WHISPERING MEADOWS COMMUNITY
ASSOCIATION, INC, AN ILLINOIS NOT -FOR -
PROFIT CORPORATION
By:
ATTEST."
Amanda Lykins, Secretary
3
Kristopher Lackey, President
This Settlement Agreement may be executed in counterparts, each of which shall
constitute an original document, which together shall constitute one and the same instrument_
IN WITNESS WHEREOF, the parties have caused this Settlement Agreement to be
executed by their duly authorized officers on the date first above written.
ATTES T
Jori Contrino, City Clerk
ATTEST
Amanda Lykins, Sec ary
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By:
John Purcell, Mayor
WHISPERING MEADOWS COMMUNITY
ASSOCIATION, INC, AN ILLINOIS NOT -FOR -
PROFIT CORPORATION
By.-
`''oe
Kristo ey, President
3