cover
TO: Mayor and City Council
FROM: Public Works Department
Law Department
DATE: March 4, 2021
SUBJECT:
The obligation of the developer of Butterfield Phase II, Unit 4B - Lot 401 ("Lot 401") to construct a 100' extension of Sunrise Rd as a condition of the City's final acceptance of required public improvements.
PURPOSE:
To provide an alternative means to secure the developer's obligation to construct a 100' extension of Sunrise Dr. in place of a letter of credit.
BACKGROUND:
As part of the City's approval process for the development of Lot 401, the developer dedicated right of way and committed to construct a 100' extension ("the Extension") of Sunrise Rd along its southern properly line from Frieder Lane to its eastern property line. While Sunrise Rd does not presently connect to Lot 401, the future development of the parcels to the east of Lot 401 may require the developers of those parcels to construct Sunrise Rd from the Lot 401 lot line east to Meridian Road. Many of these parcels are not annexed to the City of Aurora, but could be annexed in the future under the City's boundary line agreement with the City of Naperville. It is possible that these parcels will not be annexed and developed for the foreseeable future. It is also possible that the parcels may be combined with each other and developed in a manner that precludes the construction of Sunrise Rd along its proposed alignment. If Sunrise Rd. is not constructed, the 100' Extension will essentially be useless to the City.
Because of what it views as the speculative nature of the development of the neighboring properties, and the possibility that a development might not require the construction of Sunrise Rd. at all, the developer did not construct the extension as required by the City. Instead, it posted an $80,210 letter of credit to secure the eventual construction of the extension. Because Sunrise Rd constitutes an above ground improvement, the City did not accept the site's above gro...
Click here for full text