[Added 5-1-2006 by Ord. No. 2467]
The City Council of the City may, but under no circumstances shall be required to, enter into a development agreement with a subdivider/land developer to raise funds for increased public infrastructure needs caused by new development in the City.
The development agreement shall constitute a binding contract between the subdivider/land developer of a proposed subdivision and the City (the "parties") and shall contain those terms and conditions agreed to by the parties and those required by this chapter. The City Attorney or his designee is authorized to negotiate development agreements on behalf of the City.
Any covenant by the City contained in the development agreement to refrain from rezoning or adopting any rule or regulation that would affect the proposed subdivision shall be limited to a period of five years. The covenant shall also contain a proviso that the City may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if the City Council of the City makes a determination by the enactment of an order, resolution or ordinance by the City Council finding and declaring that the action is necessary in order to avoid substantial risk of injury to public health, safety, and general welfare. The covenant shall contain the additional proviso that the City may, without incurring any liability, engage in action that otherwise would constitute a breach of the covenant if the action is required by federal or state law.
Except as otherwise expressly provided in the development agreement, the development agreement shall create no rights enforceable by any third party who/which is not a party to the development agreement.
The development agreement shall contain a clause that any breach of the development agreement by the City shall give rise only to an action for money damages sustained by the breach under state contract law and shall not subject the City to liability for any other remedy that might otherwise be provided and allowed for by state or federal law or equity, including liability for a violation of the 5th and/or 14th Amendments of the U.S. Constitution or any similar state constitutional provision.
The development agreement shall include a clause that the City's obligation of compliance under the agreement is expressly conditioned upon the subdivider's/developer's compliance with each and every term, condition, provision, and covenant contained in the agreement and with applicable federal, state and local laws and regulations (including the subdivider's/developer's compliance with the requirements of this Subdivision Code).
All funds collected by the City under and pursuant to a development agreement authorized by this chapter, which is made and entered into between the City and a subdivider/land developer, shall be deposited in a special fund to be created and maintained by the City for the construction, installation, repair, replacement, and/or maintenance of the public infrastructure improvement described and provided for by the development agreement. Each such account shall be labeled so as to identify its intended use and purpose. For example, for highway, street and/or road improvements, a fund entitled the "Road Improvement Fund" might be created. Further, subaccounts may also be established and maintained by the City for specific projects to be funded by one or more development agreements. For example, under the "Road Improvement Fund" of the City one or more subaccounts may be established by the City to pay for roadway improvements for specified highways, streets or roads which are being funded by funds collected from one or more development agreements (e.g., the "Road Improvement Fund - Quarry Road Widening and Reconstruction").
Each development agreement shall be authorized and adopted by the enactment of an enabling ordinance of the City Council of the City under and pursuant to applicable state and local laws and shall be recorded in the office of the County Recorder or offices of the county recorders of each county in which the subdivision land to which the development agreement applies is located.
[Added 8-6-2007 by Ord. No. 2581]
The owner/developer of any land sought to be subdivided or developed within the "area of potential effect" as defined in that certain "Programmatic Memorandum of Agreement" made and entered into between the City and the Federal Highway Administration, the Illinois Department of Transportation, and other applicable governmental agencies or entities for the construction and development of a federal highway interchange on Federal Highway I-255 and for development of a business park adjacent thereto to be known as the "Columbia Crossing Business Development," prior to and as a condition for subdivision plat approval, infrastructure improvement plan approval or any other building development approval for land located within the "area of potential effect" (APE), shall be required to make and enter into a development agreement with the City, which agreement shall include the following basic terms [and such other terms as the City deems necessary in order to obtain compliance with the Programmatic Memorandum of Agreement (PMOA)]:
A. 
The landowner/developer shall assume and agree to perform all obligations undertaken by the City in the PMOA with regard to the subdivision and/or development of his/her property that is located within the APE.
B. 
The landowner/developer shall hold the City safe, harmless, free and fully indemnified regarding the landowner/developer performance of the development agreement to be made and entered into for enforcement of the PMOA.
C. 
The landowner/developer shall provide to the City a good and sufficient performance guarantee, bond, irrevocable letter of credit, surety bond or other security deemed acceptable by the City in a form to be approved by the City Attorney, in a sum equal to 125% of the City-Engineer-approved estimated cost to comply with the development agreement.
All clauses, covenants and provisos required by this chapter to be included in a development agreement shall be incorporated by law into the development agreement, whether or not that clause, covenant or proviso is expressly stated in the development agreement.
As determined to be necessary and appropriate by the City Council of the City, the City Council may require development agreements to be made and entered into between the City and a subdivider/developer to provide for the payment or contribution to the payment of the costs associated with the surveying of the service area, with the acquisition of land and rights-of-way, with engineering and planning costs, and with all other costs which are directly related to the improvement, expansion, enlargement, construction, and the signage or signalizing of roads, streets, or highways within the service area of the subdivision development involved in the development agreement as that service area is designated by the City Council of the City.