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Ordinance 2008-043 200800016877 Filed for Record in STATE OF ILLINOIS ) KENDALL COUNTY, ILLINOIS )ss. RENNETTA S MICKELSON 07 -17 -2008 At 09:50 am. COUNTY OF KENDALL ) ORDINANCE 86.00 ^ RHSF Surcharge 10.00 Ordinance No. yv� AN ORDINANCE APPROVING THE FIRST AMENDED ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT OF THE UNITED CITY OF YORKVILLLE, KENDALL COUNTY, ILLINOIS (Yorkville Town Center) WHEREAS, it is in the best interest of the United City of Yorkville (the "City "), Kendall County, Illinois, and the property owner, that certain amendments to that certain Annexation and Planned Unit Development between the United City of Yorkville dated October 26, 2004 (the "Prior Agreement'), pertaining to the development of the real estate commonly known as Yorkville Town Center (the "Subject Property ") be undertaken and approved; and, WHEREAS, said amendments are set forth in the First Amended Annexation and Planned Unit Development Agreement (the "Amendment) between the United City of Yorkville and Raycorp, Inc. (the "Owner ") as presented to this meeting for consideration by the City Council; and, WHEREAS, the Owner of record of the Subject Property which is the subject of said Amendment and the City have received said Amendment and are prepared to undertake all obligations as set forth therein; and, WHEREAS, the statutory procedures provided in 65 ILCS 5/11- 15.1 -1, as amended, for the approval and execution of the amendments to annexation agreements have been fully complied with in relation to the amendment; and, WHEREAS, the Subject Property is annexed to and within the corporate boundaries of the United City of Yorkville. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, is hereby amended as follows: Section L That the First Amended Annexation and Planned Unit Development Agreement between the United City of Yorkville and Raycorp, Inc., a copy of which is attached hereto and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute, on behalf of the City, said Agreement. Section 2: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this WA day of _� ,,. , A.D. 2008. ROBYN SUTCLIFF JOSEPH BESCO lk ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS 0 ROSE SPEARS v APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a 7 day of A.D. 2008. Mayor I Attest: ler � 2 Execution Copy — 6/10/08 THIS INSTRUMENT PREPARED BY AND RETURN TO: Robert C. Kennv Schain, Burnev, Ross & Citron, Ltd. 222 North LaSalle Street Suite 1910 Chicago, Illinois 60601 THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RAYCORP, INC. DEVELOPER AND OWNER OF RECORD ( YORKVILLE TOWN CENTER) Execution Copy — 6/10/08 TABLE OF CONTENTS PAGE ARTICLE I - PLANNED UNIT DEVELOPMENT ZONING APPROVAL ......... ............................... 2 ARTICLE II - PLANNED UNIT DEVELOPMENT PLANS ................................... ............................... 2 SECTION 1: APPROVED CONCEPT PLAN ................................................... ............................... 2 SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS ............................................................................................ ............................... 3 A. Preliminary Plans ........................................................................................... ............................... 3 B. Final Plans ........................................................................................................ ............................... 3 C. Review of Plans ............................................................................................... ............................... 4 SECTION 3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD ..................................................... ............................... 4 SECTION 4: DORMANT SPECIAL SERVICE AREA ..................................... ............................... 4 ARTICLE III - DEVELOPMENT STANDARDS ...................................................... ............................... 5 SECTION 1: ZONING AND LAND USE REQUIREMENTS ........................ ............................... 5 SECTION 2: BULK DESIGN STANDARD MODIFICATIONS .................... ............................... 5 SECTION3: LIGHTING ..................................................................................... ............................... 5 SECTION 4: TEMPORARY CONSTRUCTION FACILITIES ......................... ............................... 5 SECTION 5: STREET ACCESS ........................................................................... ............................... 5 A. Restricted Access: .......................................................................................................................... 5 B. Minor Streets ................................................................................................... ............................... 6 C. Street Setbacks and Roadway Width ........................................................... ............................... 6 SECTION6: SIGNAGE ....................................................................................... ............................... 6 A. Temporary Signage :....................................................................................... ............................... 6 B. Permanent Signage ......................................................................................... ............................... 7 SECTION 7: CONFLICT WITH DEVELOPMENT ORDINANCES ............. ............................... 7 SECTION8: FEES AND CHARGES ................................................................. ............................... 8 A. Review Fee ....................................................................................................... ............................... 8 B. Administration /Inspection Fee .................................................................... ............................... 8 C. Weather Warning Siren ................................................................................. ............................... 8 D. Coordination Fee: .......................................................................................................................... 9 E. Consultant Invoices for Engineering, Wetland, Legal, Land Planner ..... ............................... 9 F. Commercial Building Fees ............................................................................ ............................... 9 SECTION 9: SANITARY SEWER SERVICE ..................................................... ............................... 9 SECTION 10: POTABLE WATER SERVICE ...................................................... .............................10 SECTION 11: STORM SEWER FACILITIES ...................................................... .............................10 SECTION 12: OWNERSHIP OF PUBLIC UTILITIES ....................................... .............................10 SECTION 13: OFF -SITE IMPROVEMENTS/ RECAPTURE / INSPECTIONS ............................10 SECTON 14: ACCEPTANCE OF PUBLIC IMPROVEMENTS /SECURITY INSTRUMENTS. 11 A. Acceptance of Public Improvements ........................................................... .............................11 B. Posting Security .............................................................................................. .............................11 C. Release of Underground and Streets ........................................................... .............................11 D. Transfer and Substitution .............................................................................. .............................12 SECTION 15: AMENDMENTS TO ORDINANCE ........................................... .............................12 SECTION 16: BUILDING MATERIAL ............................................................... .............................12 �I SECTION 17: STORMWATER POLLUTION PREVENTION PLAN ( SWPPP .) ........................12 SECTION 18: WATER MAIN AND SANITARY SEWER LINE RECAPTURE .........................12 ARTICLE IV - GENERAL PROVISION ..................................................................... .............................13 SECTION 1: ON -SITE EASEMENTS AND IMPROVEMENTS ..................... .............................13 SECTION 2: OFFSITE EASEMENTS AND CONSTRUCTION .................... .............................14 SECTION 3: BUILDING CODE ......................................................................... .............................14 SECTION 4: BUILDING PERMITS ................................................................... .............................14 SECTION 5: OCCUPANCY PERMITS ............................................................. .............................15 SECTION 6: RESTORATION OF CITY PROPERTY ...................................... .............................15 SECTION 7: MAINTENANCE OF PRIVATE FACILITIES ........................... .............................15 SECTION 8: COMPLIANCE WITH STATE STATUTES ............................... .............................16 A. General ............................................................................................................. .............................16 SECTION 9: PRELIMINARY GRADING ......................................................... .............................16 SECTION 10: INTERIOR PRIVATE STREET STANDARDS ........................... .............................16 SECTION 11: DEDICATION OF STREET RIGHT -OF- WAY .......................... .............................16 SECTION 12: CONVEYANCES ........................................................................... .............................16 SECTION 13: TRANSFER OF RIGHTS AND DUTIES .................................... .............................16 SECTION 14: DEMOLITION OF EXISTING STRUCTURES .......................... .............................17 SECTION 15: COMMERCIAL TAX INCENTIVES ........................................... .............................17 ARTICLE V — MISCELLANEOUS ............................................................................... .............................17 SECTION 1: INCORPORATION OF EXHIBITS ............................................. .............................17 SECTION 2: ENFORCEMENT ........................................................................... .............................18 SECTION 3: SUCCESSORS AND ASSIGNS .................................................... .............................18 SECTION 4: ENTIRE AGREEMENT ................................................................ .............................18 SECTION 5: NOTICES ........................................................................................ .............................18 SECTION 6: SEVERABILITY ............................................................................. .............................19 SECTION 7: AGREEMENT ................................................................................ .............................19 SECTION 8: CONVEYANCES ........................................................................... .............................19 SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS .............. .............................19 SECTION 10: TERM OF AGREEMENT ............................................................. .............................19 SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS ....................... ............................... 20 SECTION 12: RECORDING ............................................................................... ............................... 20 SECTION 13: RECITALS AND EXHIBITS ....................................................... ............................... 20 SECTION 14: COUNTERPARTS ....................................................................... ............................... 20 SECTION 15: NO MORATORIUM ................................................................... ............................... 20 SECTION 16: TIME IS OF THE ESSENCE ....................................................... ............................... 20 SECTION 17: EXCULPATION .......................................................................... ............................... 21 ii Execution Copy — 5/27/08 THIS INSTRUMENT PREPARED BY AND RETURN TO: Robert C. Kenny Schain, Burnev, Ross & Citron, Ltd. 222 North LaSalle Street Suite 1910 ChicaLyo, Illinois 60601 THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RAYCORP, INC. DEVELOPER AND OWNER OF RECORD (YORKVILLE TOWN CENTER) WHEREAS, a Petition for Annexation, Rezoning, Planned Unit Development and Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto ( "Subject Realty "), was previously filed with the United City of Yorkville, Illinois ( "City ") by the previous owners of the Subject Realty; and WHEREAS, the Plan Commission previously held a public hearing on said petitions in accordance with law and recommended approval thereof; and WHEREAS, the City authorized execution of, and did execute, an "Annexation and Planned Unit Development Agreement between the United City of Yorkville and Burnside Construction Company, Developer, and the Owner of Record" ( "Prior Agreement ") for the Subject Realty; and WHEREAS, subsequent to execution of the Prior Agreement, the previous owners sold the Subject Realty to Raycorp, Inc., who is the present owner and developer of the Subject Realty (hereinafter sometimes referred to as "Owner" and /or "Developer "); and WHEREAS, earthwork, including stormwater ponds, was commenced on the site but not completed by the Owner /Developer; WHEREAS, wetland areas have been identified on the Subject Realty and are under the jurisdiction of the Army Corps of Engineers; WHEREAS, Owner has petitioned the City to consider a change of zoning to Planned Unit Development utilizing the commercial B -3 district regulations to allow commercial uses on the Subject Realty; and WHEREAS, the City's Comprehensive Plan, Design Guidelines identifies Illinois State Route 71 as a "Gateway Corridor "; and WHEREAS, a commercial development on this Subject Realty will provide the much needed commercial services to the Yorkville community in the vicinity of the Subject Realty; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the Subject Realty will be developed in an orderly manner; and WHEREAS, Owner and Developer and their representatives have discussed the proposed commercial Planned Unit Development zoning classification and have had a Public Hearing with the Plan Commission as to the proposed commercial Planned Unit Development classification and have had a Public Hearing with the City Council as to this First Amended Annexation and Planned Unit Development Agreement (the "Agreement "), and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, the terms of that certain Prior Agreement shall be rendered void and replaced in its entirety by this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: ARTICLE I - PLANNED UNIT DEVELOPMENT ZONING APPROVAL The Subject Realty shall be rezoned from The United City of Yorkville R -2 Duplex Two - Family Residence Planned Unit Development District to the commercial Planned Unit Development District utilizing the B -3 Highway Business District regulations and the provisions of this Agreement. ARTICLE II - PLANNED UNIT DEVELOPMENT PLANS SECTION 1: APPROVED CONCEPT PLAN. The Concept Plan prepared by MeritCorp, PC, with a last revision date of May 21, 2008, a copy of which is attached hereto as Exhibit II ( "Concept Plan ") has been reviewed by the Plan Commission of the City and is hereby approved by the City as a part of this Agreement. At such time as a commercial user of the Subject Realty is obtained, said user and /or developer shall apply for a Preliminary Planned Unit Development and Final Subdivision Plan and Plat approval. 2 The Concept Plan is hereby deemed approved. Development within the Subject Realty shall be in substantial conformity with: 1) the Concept Plan as further revised in the preliminary and final planned unit development process; 2) all provisions of United City of Yorkville Municipal Code; 3) and this Agreement. Development of the Subject Realty shall be in conformity with applicable ordinances of the City, except as otherwise provided or specifically varied or limited in this Agreement, and in accordance with the additional procedures, definitions, uses and restrictions contained herein. SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS. A. Preliminary Plans. All review, approval and construction of work with respect to the construction of the land improvements by the Developer shall be performed in conformity with Section 2 of this Agreement, the Preliminary PUD Plan, the Preliminary Engineering Plan, and final PUD and final engineering drawings to be submitted to the City for review and approval. Prior to approval of Preliminary Engineering Plan, Developer shall provide to the City a traffic impact study of the impact of the development on Walsh Drive, and agrees to provide such traffic control on Walsh Drive as is mandated by the traffic study. The Preliminary Planned Unit Development shall be approved if it substantially. conforms with the Concept Plan. Upon approval of the Preliminary Planned Unit Development by the City, the Developer shall prepare and submit to the City for approval by the City, a final plat of subdivision and final engineering for the Development. All approvals by the City staff and City engineering consultants shall not be unreasonably delayed. B. Final Plans. Developer shall have the right to develop the Subject Realty in such number of phases or units (individually a "Phase Development ") as Developer may from time to time determine in its sole discretion. The Owner agrees to pursue a Preliminary PUD approval for the entire site. However the Owner shall only be required to provide final engineering for each final plat phase as presented. Upon the submittal by Developer to the City of a final plat of subdivision ( "Final Plat "), final landscape plan ( "Final Landscape Plan ") and final engineering plans ( "Final Engineering Plans ") for a Phase of Development, which substantially conform with the Preliminary Plan as to such Phase of Development, the City shall promptly approve such Final Plat, (so long as it is in substantial conformity with the approved Preliminary Plan, and that Developer is not in material breach or default as to any terms of this Agreement), Final Landscape Plan and Final Engineering Plan in compliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided Developer complies with applicable City regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 14 -B of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the City has provided for in this Agreement, and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. The Developer may submit final planned unit development plans and /or final plats of subdivision for portions of the Subject Realty at any time during the term of this Agreement to allow for the phasing of development of the Subject Realty in such manner as the Developer may determine, so long 3 I I as such phasing provides for the orderly installation of public improvements and adequate means for traffic flow and emergency vehicle access. C. Review of Plans. Upon Developer's submittal to the City of preliminary and /or final engineering specification, technical details, plats and /or plans and preliminary and /or final planned unit development plans ( "Plans ") for the Subject Realty, the City shall promptly make such initial reviews of the Plans and shall submit a letter detailing all requested corrections. The Developer shall then make such corrections as are requested or shall confer with City staff to clarify the requested corrections and then resubmit Plans containing such corrections to the previously submitted Plans to the City. Upon resubmission of the corrections by the Developer, the City shall promptly review the corrections made by Developer and City shall submit a letter, indicating City approval or what corrections were not properly made. Upon Developer's completion of all corrections and upon City approval, the City shall thereafter issue the permits and approvals to Developer in order for Developer to start construction of the Project. SECTION 3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD. Concurrent with and prior to recording its First Final Plat, Developer shall submit to the City and City shall review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ( "Declaration ") which will be used by Developer to establish the covenants, conditions and restrictions for each Phase of Development. The Declaration shall provide for the authority of Developer and /or the City to establish an association (the "Property Owners Association ") which shall have primary responsibility for the ownership, care and maintenance of the common open space areas within the Subject Realty ( "Common Facilities ") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Owner /Developer shall be solely responsible for creation and formation of the Property Owners' Association, although the City may have the right, but not the obligation to do so, if Owner/ Developer fails to do so. SECTION 4: DORMANT SPECIAL SERVICE AREA. Owner /Developer agrees to the City enacting at the time of final plat approval, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property Owners' Association fails to maintain the Common Facilities, including, but not limited to, private common areas, detention ponds, perimeter landscaping'features and entrance signage within the Subject Realty. Owner /Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and all fees, including legal expenses, for the preparation and approval of said documentation. 4 ARTICLE III - DEVELOPMENT STANDARDS SECTION 1: ZONING AND LAND USE REQUIREMENTS. The underlying zoning classification for each of the Phases of Development shall be B -3 Highway Business District pursuant to provisions of the Zoning Ordinance attached hereto as Exhibit "III ". Each of the Phases of Development shall be developed in compliance with the bulk design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ( "Bulk Design Standards "), unless otherwise provided herein. Owner /Developer shall establish the landscape buffer along Illinois State Route 71 outside of the proposed Right -of -Way line of the Illinois Department of Transportation. Said buffer shall be a minimum of 25 feet in width. All buildings must be set back a minimum of 150 feet from the right -of -way line. SECTION 2: BULK DESIGN STANDARD MODIFICATIONS. Unless otherwise provided in the Preliminary or Final Planned Unit Development Plan to be submitted and approved by the City, which the City shall reasonably consider at such time as a commercial user is obtained, each Phase of Development shall be developed in compliance with the bulk design standards as specified in the City's Municipal Code and as universally applied throughout the City. For any new ordinances adopted subsequent to the date of this Agreement, the City shall give the Owner a six (6) month grace period from the date Owner is notified of any changes to the Applicable Codes of the City in order to comply with the new regulations. i SECTION 3: LIGHTING. Owner /Developer agrees to employ the night sky /dark sky concept as required by the City Subdivision Control Ordinance during the design of all lighting features on the Subject Realty. This includes parking lot and site lighting as well as the illumination of buildings and signage. SECTION 4: TEMPORARY CONSTRUCTION FACILITIES. Owner /Developer, its successors and assigns shall have the right to place, build and utilize trailers for management, subcontractors' supply storage, and construction offices and facilities, in each Phase of Development from the time this Amended Agreement is approved by the City Council until the last occupancy permit has been issued for all commercial units permitted within the Subject Realty. Said trailers are subject to the issuance of a building permit if electricity connection is made. Said trailers may remain within any phase of development within the Subject Realty until all Public Improvements for such phase of development have been completed and accepted by the City SECTION 5: STREET ACCESS. A. Restricted Access: No direct driveway access shall be permitted for any lot onto Route 71. 5 i B. Minor Streets: The subdivision streets shall be private roads and shall provide access from the businesses to Route 71 and Route 47, and all users of the project roads shall agree to reasonable covenants and restrictions regarding their use and maintenance. Attached as Exhibit "IV" is the approved cross section for the private road construction. Notwithstanding the approved cross section for the private road construction as set forth in Exhibit "IV ", the main entrance boulevard cross section up to the main anchor parking lot shall consist of 6" of bituminous on 12" of stone with geotextile fabric. Developer agree that Note # 4 on Exhibit "IV" is hereby revised to require geotextile fabric (and not lime stabilization) on the private roads throughout the project. C. Street Setbacks and Roadway Width: The entrance portion of the private roadway into the site from Route 71 to the first east -west internal street shall be a boulevard cross - section that narrows into a 2 -lane cross - section before it meets the second east -west internal street. The exact location of the first intersection off Route 71 shall be determined by a traffic analysis during the preliminary plat stage. However, in no event will the location of the first east -west road off Route 71 be relocated. Setbacks shall be measured as if the entrance portion of the private roadway were an 80 -foot right of way. Setbacks shall be measured as if the next north -south portion of the private roadway is a 66 foot right of way. All other roadways on the site will measure setbacks as if the roadway were a 66 foot right of way. Setbacks for the front yards shall be 50 feet, with setbacks for the side and rear yards shall be 20 feet. SECTION 6: SIGNAGE. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the last commercial unit, Owner shall be entitled to construct, maintain and utilize temporary offsite commercial, marketing and location signs at not more than three (3) locations within the corporate limits of the City, including along Route 47 and 71, as Owner may designate (individually an "Temporary Offsite Sign" and collectively the "Temporary Offsite Signs ") subject to sign permit review, approval and issuance by the City. Temporary Offsite Signs shall not exceed 64 square feet in area not exceed 10 feet in height. Temporary Offsite Signs will not be located on public right -of -way. Owner shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Temporary Offsite Signs. All signage (temporary and permanent) relating to the Subject Realty are subject to review and approval by the City. In addition to the Temporary Offsite Signs, Owner shall be permitted to construct signage, subject to sign permit review and issuance by the City, announcing and advertising the commercial development upon the Route 47 and the Route 71 frontage of the Subject Realty. A. Temporary SiQnaze: Temporary Project Signs may be permitted for the Subject Realty as provided in this Section from the date of approval of this Agreement. 1. Following the date of this Agreement and through the date of installation of the permanent signage as depicted on the Concept PUD Plan, Owner /Developer shall be allowed three (3) temporary sales signs ( "Temporary 6 I Sales Signs "), each of which shall be double - sided. The Temporary Sales signs shall be located as shown on the Concept Plan. 2. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the last commercial unit Owner /Developer shall be allowed two (2) project marketing signs ( "Project Marketing Signs "). Said Project Marketing Signs may be located as shown on the Concept Plan and shall not exceed 32 square feet in area. 3. Owner /Developer shall be allowed to place such signs as shown on the Concept Plan in conformance with the standards set forth in the City Sign Code currently in effect at the date of execution of this Agreement by the city unless otherwise modified by this Agreement. B. Permanent Sienaze: Permanent commercial identification signs and features shall be permitted along Route 47 and Route 71 in accordance with City Municipal Code requirements. The permanent identification sign along Route 47 shall be a monument sign located in the access road easement and shall not exceed 6 feet in height by 12 feet in width. Said signage is subject to sign permit review, approval and issuance by the City and have adequate clearance, as deemed by the City, from any underground utilities. Furthermore, the Owner agrees to incorporate of the requirements recommended by the Comprehensive Land Use Plan Update for the Southern Study Area, Design Guidelines, Community Character Principle 13 (Exhibit "V ") SECTION 7: CONFLICT WITH DEVELOPMENT ORDINANCES. To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, or any other City code, ordinance, policy or regulation, (collectively defined herein as "Development Ordinances "), provisions of this Agreement shall govern and control. These Development Ordinances shall be the Ordinances that govern this Subject Realty and as to the dates of this Agreement and any amendment to the Development Ordinances shall not apply to the Subject Realty for a period of five (5) years from the date of this Agreement. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the City said Ordinance shall apply for that purpose to the Subject Realty. All Development Ordinances in effect as of the date of execution of this Agreement shall continue in effect insofar as they relate to the development of the Subject Realty, except as provided in this Agreement, for a period of five (5) years. Any amendment, repeal, or additional regulations, which are subsequently enacted by the City, shall not be applied to the development of the Subject Realty except upon the written consent of the Owners and Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations and codes of the City in existence on or adopted after the 7 i expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result, alter or eliminate any of the ordinance variations provided for herein; nor result in any subdivided lot or structure constructed within the Subject Realty being classified as non - conforming under any ordinance of the City. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the Subject Realty, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated with the City's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the Owners and Developer, and anything to the contrary contained herein notwithstanding, the Owners and Developer may proceed with development or construction upon the Subject Realty pursuant to the less restrictive amendment or modification applicable generally to all properties within the City. SECTION 8: FEES AND CHARGES. Fees and charges may be assessed against the Subject Realty provided any such fee or charge is or shall be collected by the City on a uniform basis from all commercial owners, users and developers of property within the City. The city shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or use fees for the Subject Realty within a five (5) year period from the date of this Agreement, unless such increases are: (i) made generally applicable to all owners, users and developers of property with the City; and (ii) such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. The City's Development Ordinances and resolutions establish the City policy with respect to fees and contributions to be made by commercial developers of real estate. The fees payable shall be those established by the City's Development Ordinances and resolutions on the date of approval of this Agreement by the City, including but not limited to the following: A. Review Fee: Owner /Developer agrees to pay, at final plat approval for each phase of the development, a Review Fee at the rate of 1.25% of the approved engineer's estimate of cost of all land improvements, as defined in the Subdivision Ordinance in effect at the time this Agreement is signed. B. Administration /Inspection Fee: Owner /Developer agrees to pay, at final plat approval, an Administration /Inspection Fee at the rate of 1.75% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi - public improvements to be maintained by the Property Owners' Association. C. Weather Warning Siren: Owner /Developer agrees to pay, if not previously paid at annexation, a weather warning siren fee to the City of $75.00 per acre, or a total of $1,800.00. Said contributions and fees, as they apply to the Subject Realty, shall not be increased from the date of approval by the City of this Agreement. 8 D. Coordination Fee: Owner /Developer agrees to pay, at final plat approval, a Coordination Fee at the rate of .35% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi -public improvements to be maintained by the Property Owners' Association. Pursuant to City Ordinance 2006 -11, the Coordination Fee shall only be due and payable if the review is performed by an outside consultant paid for by the Owner /Developer as described in item E below, and a fee of 1.25% as described in item A above is not applied. In the event that the City staff performs review for the development plans, item A above is applied, then the Coordination Fee shall not be due and payable. E. Consultant Invoices for Engineering, Wetland, LeL-al, Land Planner: Owner /Developer agrees to pay any and all recording fees and costs, public hearing costs, public hearing costs including a written transcription of public hearing and outside + consultant costs including legal review, land planner review, zoning coordinator review, environmental and engineering review. Should the Owner/Developer not pay these fees directly, the Owner /Developer is responsible for reimbursing the City for the aforementioned fees and costs related to the development of the Subject Realty. F. Commercial Buildine Fees: The Owner /Developer agrees to the fee schedule attached for Commercial Building Fees (Exhibit "VI ") subject to the terms of this Agreement. SECTION 9: SANITARY SEWER SERVICE. Developer shall cause the Subject Realty, to be annexed to the Yorkville - Bristol Sanitary District ( "Yorkville Bristol" or "'YBSD ") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville - Bristol. The installation of sanitary sewer lines to service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville - Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the City for each Phase of Development. The City shall fully cooperate with Owner and Developer in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville - Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Realty. In the event the Yorkville Bristol Sanitary District or City requires Owner /Developer to oversize sanitary sewer mains, the parties shall enter into a written agreement specifically providing that said costs shall be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner /Developer before Owner /Developer is required to perform any oversizing. 9 SECTION 10: POTABLE WATER SERVICE. The City acknowledges that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains along a portion of the perimeter of the Subject Realty, which system and mains have sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject Realty is developed in accordance with the Concept Plan. The City shall cooperate with Developer in obtaining all off -site easements necessary and shall grant Developer access to all City -owned right -of -way to enable Developer's provision of potable water service to the Subject Realty. Developer shall restore property affected by off -site extension of water lines to its existing condition prior to said construction. i In the event the City requires Owner /Developer to oversize water mains, sanitary sewer mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the City, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner /Developer before Owner /Developer is required to perform any oversizing. SECTION 11: STORM SEWER FACILITIES. Any storm water detention facility constructed on -site shall comply with the requirements of the City Codes and Ordinances. SECTION 12: OWNERSHIP OF PUBLIC UTILITIES. All public utilities, including but not limited to sanitary sewer and water mains shall be owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance. Any storm water detention facilities shall be owned by the Property Owner's Association and maintained by said Association. SECTION 13: OFF -SITE IMPROVEMENTS /RECAPTURE /INSPECTIONS. A. The City agrees to respond to all requests for required inspection or permits within seven (7) days and to issue or reject (with explanation_ for corrections) approvals and /or permits within thirty (30) days. B. Off -site improvements for the provision of water, sanitary sewer, roads, and other utility and infrastructure services shall be provided by Owner /Developer according to the City Subdivision Ordinance. After the installation of improvements by Owner /Developer, the United City of Yorkville shall deliver to the Subject Realty potable water characterized by such minim flows and pressures as required by the Illinois Environmental Protection Agency. C. The City agrees to adopt a Recapture Ordinance for the benefit of Owner /Developer for any off -site access roads, and Route 71 roadway improvements, including but not limited to stoplight and east bound turning lane costs benefiting future users that are contiguous or within a reasonable service area of the Subject Realty. Any recapture shall be done by Ordinance after the City has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements 10 submitted by Owner /Developer, and approved by a majority vote of the City Council. The Parties agree it is the intention that the recapture amount be fifty (50 %) percent of the total cost of the off -site access roads and Route 71 roadway improvements. Full intersection improvements will not be fully recapturable as the Subject Realty is a beneficiary of these improvements. D. Owner /Developer and City agree that if easements are necessary for off -site improvements to serve Subject Realty with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, to assist the Owner /Developer in the acquisition of easements or permission to use easements from private parties, Kendall Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of Owner/ Developer. SECTION 14: ACCEPTANCE OF PUBLIC IMPROVEMENTS/ SECURITY INSTRUMENTS. A. Acceptance of Public Improvements: The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the City pursuant to the provisions of the Subdivision Ordinance. The City shall exercise good faith and due diligence in accepting said public improvements following Developer's completion thereof for each Phase of Development in compliance with the requirements of the Subdivision ordinance, and shall adopt the resolution accepting said public improvements within sixty (60) days following the completion of the punchlist, provided the public improvements have been accepted by the City. Should the City not approve the public improvements, it shall provide a detailed written description of why the improvements are not being accepted to the Developer within 60 days of Owner'/ Developer's request for acceptance. B. Posting Securitv: Developer shall deposit, or cause to be deposited, with the City, such irrevocable letters of credit, contractor's performance bonds or surety bonds ( "Security Instruments ") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the City. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time this Agreement is executed. All such Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the City. The City, pursuant to recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security instruments by an amount not in excess of eighty five percent (85 %) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security instruments is not more than one hundred ten percent (110 %) of the cost to complete the remaining public improvements for the applicable Phase of Development. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the City prior to the recordation of the Final Plat for each Phase of Development. C. Release of Underground and Streets: Upon completion and inspection of underground improvements, street and related road improvements in each Phase of Development and acceptance by the City, Developer shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the City, in conformance with the City Subdivision Ordinance. 11 I D. Transfer and Substitution: Upon the sale or transfer of any portion of the Subject Realty, Developer shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the City of a substitute Security Instrument approved by the City, securing the costs of the improvements set forth therein by the proposed substitute Developer. SECTION 15: AMENDMENTS TO ORDINANCE. All ordinances, regulations, fees, and codes of the City including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its development for a period of five (5) years from the date of this Agreement. Any Agreements repeal or additional regulations which are subsequently enacted by the City shall not be applied to the development of the Subject Realty except upon the written consent of Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations, and codes of the City in existence on or adopted after the expiration of said five (5) year period. Developer shall not be entitled to a freeze on amendments to ordinances where it would affect the City's ISO rating. The foregoing to the contrary notwithstanding, in the event the City is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Realty and be complied with by Developer, provided, however, that any so -called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Subject Realty shall be given full force and effect. SECTION 16: BUILDING MATERIAL. Exterior building materials shall be in compliance with the City Appearance Code regarding commercial buildings attached as Exhibit "VII ". Furthermore, Section 4 Non - Residential, b. Building Design, (1) Commercial, Office and Institutional Uses, (b) Guidelines for Unbuilt Sites 1 -10 shall be required to be incorporated in the Preliminary Plan submittal. SECTION 17: STORMWATER POLLUTION PREVENTION PLAN (SWPP.) The Owner has a valid NOI issued by the Illinois Environmental Protection Agency (IEPA), a copy of which is attached as Exhibit "VIII ". Owner shall perform whatever work, if any, required by IEPA in conjunction with the existing IEPA NOI permit, to keep the NOI valid. Any deficiencies noted by IEPA and /or the City will be corrected within 14 days of the date of notice. SECTION 18: WATER MAIN AND SANITARY SEWER LINE RECAPTURE. The Subject Realty is subject to a recapture payment to the City for water and sanitary sewer infrastructure per Resolution 1995 -12 and amended by Resolution 1995 -28. The Owner agrees to pay the City the recapture amount set forth in said Resolution necessary for water and sewer lines installed by the City at the time of final plat approval or when the IEPA permit 12 applications are submitted to the City for signature, whichever occurs first. The recapture rate for non- residential property at the date of this Agreement is $3,440.00 per acre. ARTICLE IV - GENERAL PROVISION SECTION 1: ON -SITE EASEMENTS AND IMPROVEMENTS. The Owner /Developer agrees to make an agreement with the adjacent property owner regarding cross access to allow access to the adjacent property to the south (Pottinger property). At the time of recordation of each final plat for the Subject Realty, the owner of such platted area shall grant to the City, at no cost to the City, on -site easements which are determined by the City Council to be necessary for the provision of Public Improvements for the Subject Realty, including but not limited to easements for lift stations, sanitary sewer, water main, electric utility, cable television, storm sewer, stormwater detention and retention, and drainage facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as required by the Subdivision Ordinance. Except for such time to effectuate the reconnection of any public utility system, there shall be no material disruption or discontinuation of the operation of any public utility system, or storm or surface water drainage system by virtue of establishing new easements and vacation any of existing easements, to the extent reasonably practicable. The City shall be granted blanket easements, which shall be included in the Declaration of Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over the private access roads and parking facilities contained therein for utility maintenance, and for police, fire, and other emergency vehicles. When each final plat of subdivision is recorded for the Subject Realty, Developer shall pay for the design engineering, construction engineering and installation of all on -site land improvements as defined herein and under the United City of Yorkville Municival Code, and as reasonably determined by the City Council to be necessary for the development of the Subject Realty in compliance with the Final Plat and Final Engineering Plans. In the event that during the development of the Subject Realty Developer determines that any existing utility easements and /or lines require relocation to facilitate development of the Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in causing the vacation and relocation of such existing easements, and all costs thereof shall be borne by the Developer. If any easement granted to the City as a part of the development of the Subject Realty is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Realty as reflected on the Final Plat and in this Agreement, the City shall fully cooperate with Developer in vacating and relocating such easement and utility facilities located therein, which costs shall be bone by the Developer. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, Developer shall pay for the cost of design and relocation of any such easement and the public utilities located therein. Developer shall provide for the interconnection, through appropriate storm drainage easements, swales and structures, of the storm sewer system constructed within the Subject Realty with the outfall structures and surface channels adjacent to the Subject Realty. 13 I SECTION 2: OFFSITE EASEMENTS AND CONSTRUCTION. The Owner /Developer agrees to include and construct dedicated turning lanes (both east and west) as part of the improvement plan for the Subject Realty's entrance at Route 71. It is understood by the parties that this intersection facility is within the jurisdiction of the Illinois Department of Transportation (IDOT) and any requirements as deemed necessary by IDOT for this intersection shall be incorporated into the improvement plan. In the event IDOT does not require dedicated turning lanes, the Owner /Developer agrees to request IDOT allow said lanes as additional components of the intersection in excess of the minim requirements, but Owner /Developer shall only be required to construct the dedicated turning lanes if IDOT issues a permit to construct them. The Owner /Developer agrees to provide an off -site access drive from the Subject Realty to Route 47 across the adjacent property to the east (Hughes property) so long as the required easements are granted to Owner/ Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall obtain all off -site easements which are reasonably determined by the City Council to be necessary for the development of such portion of the Subject Realty in accordance with the Final Plans. In the event Developer is unable to acquire such necessary off -site easement, the City shall exercise its power of eminent domain to acquire the same, provided Developer shall pay the costs incurred by the City as a result thereof. Developer shall deposit the amount of such costs reasonably estimated by the City into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the City. Such finds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall pay for the design engineering, construction engineering and installation of all off -site Public Improvements as required by the final engineering plans for each final plat of subdivision. All such off -site Public Improvements shall be included in the Guarantee for Completion for the area so platted. SECTION 3: BUILDING CODE. Developer shall comply in all respects with the applicable provisions of the United City of Yorkville Municipal Code and other City ordinances pertaining to the construction of structures for commercial purposes in effect at the time Developer, or its successor or assigns, makes application to the City for a building permit or permits in connection therewith. SECTION 4: BUILDING PERMITS. The City shall issue building permits for construction of improvements upon the Subject Realty within fourteen (14) working days subsequent to receipt of application therefore. If the application is denied, the City shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall review and provide written 14 comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The City shall issue such building permits upon compliance with those requirements. Developer may apply for and the City shall issue building permits for portions of the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the Subject Realty. SECTION 5: OCCUPANCY PERMITS. A. No occupancy permit shall be issued for any building on the Subject Realty until the storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through bituminous binder course (subject to subsection C below) are operational. Notwithstanding the foregoing the Owner /Developer shall be entitled to use temporary construction and sales trailers in accordance with Section 3 of Article IV of this Agreement. B. The City shall not deny a temporary certificate of occupancy for any space within a commercial building for the sole reason that other areas in the building are either incomplete or under construction, provided the space to be occupied otherwise meets all applicable occupancy requirements of City ordinances. C. The City shall issue certificates of occupancy for buildings constructed within the Subject Realty within two (2) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate. Inability, due to adverse weather conditions or closure of asphalt plants, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain an escrow account (if the security held by the City does not already cover this matter) and specific deadlines for completion of each of the items not completed. The City shall not issue a final occupancy permit unless the Final Plat of Subdivision for the Subject Realty is recorded. SECTION 6: RESTORATION OF CITY PROPERTY. Developer shall repair and replace, in accordance with the original sizes, standards and topography in a manner satisfactory to the City Engineer, all City property, including Public Improvements, damaged or disturbed by reason of Developer's work in connection with the development of the Subject Realty. SECTION 7: MAINTENANCE OF PRIVATE FACILITIES. The provisions of the Property Owners' Association Declaration shall apply to the repair and maintenance of all facilities and amenities which are not conveyed to the City as part of the publicly owned portion of the Public Improvements and are not owned and maintained by a lot owner within the Subject Realty. 15 SECTION 8: COMPLIANCE WITH STATE STATUTES. A. General: In the event that any one or more provisions of this do not comply with any one or more provisions of the Illinois Compiled Statutes and the governing rules of the Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies, then the City, Owner, and Developer, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 9: PRELIMINARY GRADING. Developer shall obtain from the city, and the city shall issue, a site development permit in conformance with Municipal Code and Ordinance 2003 -19 for the site grading to be performed upon the Subject Realty. Such site grading shall be at Developer's sole risk and expense, and in conformity with Engineering Plans to be approved by the City Engineer, and any changes or adjustments to the requirements for such grading resulting from the review and approval of the final engineering plan for such phase shall be promptly performed by Developer, at Developer's expense. SECTION 10: INTERIOR PRIVATE STREET STANDARDS. Design standards for interior private streets and access drives to be utilized as part of the development of the Subject Realty are set forth on the Exhibit "IV" ( "Street Standards "). To the extent any ordinance or regulation of the City conflicts with any of the Street Standards, such ordinance or regulation is hereby varied and the Street Standards shall prevail and be the legal, applicable standards for development of the private streets on the Subject Realty. SECTION 11: DEDICATION OF STREET RIGHT -OF -WAY. The final plat for each phase of development in the Subject Realty shall convey, if any, the appropriate Route 71 right -of -way in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this Agreement, and in substantial conformity with the Final Engineering Plans. The street name for the Route 71 main entrance shall be Walsh Drive. A historical street name, approved by the City, shall be selected for the remaining private streets in the Subject Realty. SECTION 12: CONVEYANCES. Nothing contained in this shall be construed to restrict or limit the right of the Owner and /or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Agreement. SECTION 13: TRANSFER OF RIGHTS AND DUTIES. Upon the conveyance of any Owner's interest in a phase of development or any portion of the Subject Realty to a third party ( "Transferee "), the rights and obligations so identified of such 16 Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed assigned to and assumed by such third party, and Owner and Developer shall thereupon be released and discharged by the City from any farther obligation pertaining to such identified rights and duties. The Transferee shall thereupon be entitled to exercise all rights and authorities and shall perform all duties and obligations of Owner and Developer pertaining to such phase or portion of the Subject Realty. The Transferee shall comply with the applicable requirements of this Agreement pertaining to the posting of guarantees with the City affecting the portion of the Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City. j SECTION 14: DEMOLITION OF EXISTING STRUCTURES. Owner /Developer shall demolish the buildings on the Subject Realty within twelve (12) months of the effective date of the approval of this Agreement subject to the issuance of a permit from the City and approval of Owner /Developer's lender. SECTION 15: COMMERCIAL TAX INCENTIVES. Owner /Developer and the City agree that in order to proceed with the development of the Subject Realty as commercial, the Owner /Developer will be required to construct or pay for the construction of certain on and off site improvements, including highway and roadway improvements, traffic signals, demolition, sanitary sewer line, water mains (including the recapture costs described Article III Section 18 of this Agreement) and other utilities. Owner /Developer has requested and the City agrees to provide up to a maximum of one million six hundred thousand ($1,600,000.00) dollars in economic assistance towards the actual cost of project improvements as outlined within the City's Economic Incentives Policy adopted on December 13, 2005 in the form of an Economic Incentive Agreement (EIA). Said EIA shall allow for not more than 50% of the City's portion of the sales tax revenue being rebated to the Owner /Developer on an annual basis and shall include a term not to exceed twelve (12) years for said rebate. The Owner /Developer agrees to commit a minimum 40,000 square feet retail anchor to be open and operating in order to be eligible for any rebates, and a minimum of 80,000 square feet of retail to be open and operating for the Subject Realty within five (5) years of the date of the EIA. Furthermore, the Owner /Developer agrees to commit to providing an off -site access drive from the Subject Realty to Route 47 across the adjacent property to the east. In recognition of the benefit to the City through creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the City agrees to enter into an economic incentive agreement with the Owner /Developer to be funded by a percentage of the taxes that are generated from the businesses to be located on the Subject Realty. ARTICLE V — MISCELLANEOUS SECTION 1: INCORPORATION OF EXHIBITS. All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. 17 SECTION 2: ENFORCEMENT. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. SECTION 3: SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be binding upon the Owner, Developer and their successors in title and interest, and upon the City, and any successor municipalities of the City. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the Owner, Developer, and the City. SECTION 4: ENTIRE AGREEMENT. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. SECTION 5: NOTICES. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the City: United City of Yorkville Mayor Valerie Burd 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Kathleen Field Orr & Associates 180 N. Michigan Avenue Suite 1040 Chicago, IL 60601 If to Owner /Developer: Thomas Rayburn Raycorp, Inc. 16345 S. Harlem Ave. Suite 4SW Tinley Park IL 60477 18 With a copy to: Robert C. Kenny Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 6: SEVERABILITY. This Agreement is entered into pursuant to the provisions of Chapter 65, § 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2002), in the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the City, Owner and Developer shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Realty. SECTION 7: AGREEMENT. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the City and the owner of record of a portion of the Subject Realty as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Realty not affected by such Agreement. j SECTION 8: CONVEYANCES. Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved. SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS. The City shall pass all ordinances and resolutions necessary to permit the Owner, Developer and their successors or assigns, to develop the Subject Realty in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The City agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. SECTION 10: TERM OF AGREEMENT. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said (20) twenty -year period all of the terms of this Agreement shall remain 19 enforceable despite said time limitation, unless modified by written agreement of the City and Owner /Developer. SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. SECTION 12: RECORDING. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at Developer's expense. SECTION 13: RECITALS AND EXHIBITS. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. SECTION 14: COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. SECTION 15: NO MORATORIUM. The City shall not limit the number of building or other permits that may be applied for due to any City imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of Development. SECTION 16: TIME IS OF THE ESSENCE. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. [SIGNATURES APPEAR ON THE NEXT PAGE] 20 Execution Copy - 6/10/08 SECTION 17: EXCULPATION. It is agreed that the City is not liable or responsible for any restrictions on the City's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Realty, the city, the Developer, or Owners, including, but not limited to county, state or federal regulatory bodies. i/4 //, IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this �7 day of �I�rle , 2008. UNITED CITY OF YORKVILLE Kendall County, Illinois By: - Its: Mayor ATTEST: BEs Its: i Jerk d OWNER/DEVELOPER: RAYCORP, INC. Bv: 4; Its: President Attest: By: Its: ,p7 OFFICIAL SEAL CHRISTOPHER D JANS STATE OF ILLINOIS ) NOTARY PUBLIC - STATE OF ILLINOIS SS MY COMMISSION EXPIRES:08WI I COUNTY OF CO-0 k ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY ut m Y that Thomas Rayburn, personally known to me to be the President of RAYCORP, INC., and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such President, he signed and delivered the said instrument, pursuant to authority of the corporation, as his free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. 4k GIVEN under my hand and official seal thi day of J ' , 2008. otary Public V STATE OF ILLINOIS ) )Ss COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the Mayor of the UNTIED CITY OF YORKVILLE, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Mayor, she signed and delivered the said instrument, pursuant to authority of the municipal corporation, as her free and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of , 2008, Notary Public RCK /Raycorp- Yorkville /Execution Copy- 1stAmended- Annexation PUD -Agmt-6-10-0 &Final EXHIBIT I The legal description is as follows: THAT PART OF THE SOUTHEAST 1 /4 OF SECTION 5 AND THAT PART OF THE NORTHEAST 1 /4 OF SECTION 8, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS;COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 6 AS SHOWN BY A PLAT RECORDED IN PLAT BOOK 3 ON PAGE 65; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF SAID LOT 6 AND THE NORTHERLY LINES OF LOTS 7 AND 8 AS SHOWN ON SAID PLAT, 609.27 FEET; THENCE NORTHERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 48 DEGREES 47 MINUTES O8 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 967.66 FEET TO THE CENTER LINE OF ILLINOIS ROUTE 71 FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE LAST DESCRIBED COURSE, 967.66 FEET TO THE NORTHERLY LINE OF SAID LOT 8; THENCE SOUTHWESTERLY ALONG THE NORTHERLY LINE OF' LOT 8 AND THE NORTHERLY LINES OF LOTS 31 AND 10 OF SAID PLAT, 882.61 FEET TO THE EASTERLY LINE OF A 10 ACRE TRACT RESEVED IN A WARRANTY DEED FROM SILAS AND THANKFUL DYER, HUSBAND AND WIFE, TO CLEMENT DYER AND RECORDED IN BOOK 30 AT PAGE 548 ON MARCH 23, 1870, AND THEN CONCONVEYED TO GEORGE W. HARRIS BY WARRANTY DEED RECORDED IN BOOK 32 AT PAGE 90 ON DECEMBER 3, 1870; THENCE NORTHERLY ALONG SAID EASTERLY LINE, WHICH FORMS AN ANGLE OF 62 DEGREES 23 MINUTES 19 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM), 1545.38 FEET TO SAID CENTER LINE OF ILLINOIS ROUTE NO. 71; THENCE EASTERLY ALONG SAID CENTER LINE, 1028.91 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS I ed6(m Oe✓Jsooe I MeritCorp, PC SCALE 1 "a1w — AWN Wr P- Noa v CONCEPT PLAN 4 - °m°": srfL P RT. 71 AND R T'. 47 5 r" YORK IL.L.E, ILLINOIS SITE DATA TABLE ANCHOWGROCERY 5.47 ACRES OUTLOTS 5.84 ACRES HUGHES PROPERTY 4.77ACRE9 . -- - .. ... IW.INE RETAIL 5.11 ACRES OPEN SPACE 2.DD ACRES - - LANDSCAPE BUFFER D.78ACRES DETENTION AREA 226 ACRES 1 ' IELIN015 STATE ROUTE 71 -- _ TOTAL ACREAGE 77.24 ACRES L ICI —. —_ S T � "` ,.m. cw�'wlm�cm"s. � � �• ' a W LEGEND F ANCHOR/GROCERYLL OUTLOTS OPEN SPACE .,.� „.. LANDSCAPE BUFFER IN -LINE RETAIL :f R 8� DETENTION AREA O ROADWAY `” - • _ - y UVZ Z QQ BIKE PATH /SIDEWALK a J a it .. OZJ Li W U U K T ? Z �� � U O r !'ltOJCCTNO. M07,01 SHEGT NO. I / I I i EXHIBIT III B -3 SERVICE BUSINESS DISTRICT Permitted Uses This exhibit lists all permitted uses within the B -3 Service Business District as they exist in the current Zoning Ordinance. Uses excluded and not permitted by this Agreement are crossed out as follows: (not p°nitte +• OFFICE DISTRICT (0) Advertising agency. Bank (1 free standing) allowable as permitted use - additional require special use permit approval. Barber shop. Beauty shop. Bookkeeping service. G.ul private4n4eor-. Coffee shop. College, university or junior college. Commercial school, trade school - offering training in classroom study. Detective agency. Employment office. Engineering office. Government office. Income tax service. Insurance office. Library. Manufacturing agent's office. Medical clinic. Park. Professional offices. Public accountant. Real estate office. Stenographic service. Stock broker. Telegraph office. Tiek effirae-. Title company. Travel agency. Utility office. (Ord. 1973 -56A, 3- 28 -74) Special Uses So lid as* l site (Ord. 1973 56A, , 3 28 1974; am d. Ord. 1995 24,4- 110 LIMITED BUSINESS DISTRICT B -11 All uses permitted in the O district. Antique sales. ApaFtments, single family, leeated in b buildings. Bakery - retail. Barbershop. Beauty shop. Bookstore. Cafeteria (diner). Camera shop. Church or other place of worship. Cigar-, eigar-ette and tebaeee store. Clothes - pressing and repair. C'a'p priv-� Teen Club pr.-,ate ou4deer•. Community center. Dressmaker - seamstress. Drugstore. Florist sales. Fruit and vegetable market - retail. Gift shop. Grocery store - supermarket. Gymnasium. Health food store. Hobby shop. Hospital (general). Hospital or treatment center. Household furnishing shop. Ice cream shop. Jewelry - retail. Laundry, cleaning and dyeing - retail. Library. Magazine and newsstand-. Meat market. Medical clinic. Mortuary - funeral home. Park. Photography studio. Playground. Post office. Professional building. Recreation center. Restaurant. Shoe and hat repair. Su b station, Swimming pool - indoor. Tennis club - private or daily fee. Triai!�3 -d. 1973 / ] 3 28 19 amd— n4 n Code; Or - d.. 19 ! n , 7 10 1994; Ord. 2003 4 1 ,722 2`x003) GENERAL BUSINESS DISTRICT (B -2) All uses permitted in the O and B -1 Districts. Appliances - sales. 1 �,,, Y']�� surplus aales Art gallery - art studio sales. Art supply store. n it u d rcuanvn Automatic food service. Automobile accessory store. Automobile rental. Bicycle shop. Billiard parle , Blueprint and photostat shop. Bowling alley. Carry -out food service. Catalog sales office. Clothing store - all types. Dance hall. Department store. Discount store. Drygoods store - retail. Floor covering sales. Furniture sales - new /used. Hardware store. Health club or gymnasium. Hotel. Interior decorating studio. Junior department store. I I i Leather goods. Locksmith. Motel. Music, instrument and record store. Newspaper publishing. Office equipment and supply sales. Paint/wallpaper store. Pawnshop. Pet store. Picture frame store. Radio and television studios. D o,l,,, in sa l o n, ., rise,,,. and st sam bath. Sporting goods. Stationery. Taxidermist. Theater. Toy store. Typewriter - sales and repair. Variety store. Watch and clock sales and repair. Weaving and mending - custom. (Ord. 1973 -56A, 3 -28 -1974; amd. 1994 Code) SERVICE BUSINESS DISTRICT (B-3) All uses permitted in the B -2 district. Agricultural implement sales and service. Appliance - service only. Automotive sales and service. Beat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive -in restaurant. Drive Through Facilities (maximum of 4) — beyond 4 th will require a special use permit. Electrical equipment sales. Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. lel: i Miniature golf, Motorcycle sales and service. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixtm sales. Pump sales. Recreational vehicle sales and service. Skating r WE '1'., a b Tennis court - indoor. Trailer r - FUvr - vnnrr. Tru3k o-al and service Upholstery shop. ,] Veter� Oink.��tt -197 56A, 3 28 1 amd. O rd . 19 86 1 9 1046; Ord 194,8-7 ,4 14 19S-9; nra 1 995 19, 1995; or,a 1 99 21, f 25 1 1- 0 - 0 8; Ord 71105 58 7 12 �AA3) Special Uses Amusement park. Beat 1 chigg m �,p. r enta l Beat I Daycare centers. Stadium. (Ord. 1973 -56A, 3 -28 -1974; amd. Ord. 1995-19,8-10-1995; Ord. 1995 -20, 8 -10 -1995) I I Lot Area No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986- 1, 1 -9 -1986) Yard Areas No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973 -56A, 328 -1974) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B- 3 district of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B -3 zoning district within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30) shall be required. 2. The zoning board of appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B -3 district if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986 -1, 1 -9 -1986; amd. 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20')'. (Ord. 1973 -56A, 3- 28 -1974) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30) shall be required. A transitional yard shall be maintained only when the adjoining residential district is zoned R -1 or R -2 one - family residential. (Ord. 1973 -56A, 3- 284974; amd. Ord. 1987 -1, 2 -12 -1987) E. Parking Lot Setback Requirements: 1. Arterial Roadways: When a parking lot located in the B -3 zoning district is located next to an arterial roadway, as defined in the city's comprehensive plan, a twenty foot (20) setback from the property line is required. 2. Nonarterial Roadways: When a parking lot located in the B -3 zoning district is located next to a nonarterial roadway, as defined in the city's comprehensive plan, a ten foot (10') setback from the property line is required. (Ord. 1998 -32, 11 -5 -1998) Lot Coverage No more than fifty percent (50 %) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973 -56A, 3 -28- 1974) Maximum Building Heizht A. No building or structure shall be erected or altered to exceed a maximum height of six (6) stories or eighty feet (80'), whichever is lower. I B. No building or structure shall be erected or altered to exceed a maximum height of three (3) stories or thirty five feet (35') within the "downtown area" as described by exhibit A, attached to the ordinance codified herein. (Ord. 2006 -67, 8 -8 -2006) I I i Copmr .mU7AOB MeritCorp, PC SCALE N/A DRAWN 9Y: RDR CHECKED Dr. JPM 15' 15' 9 " AND VARIES AND VARIES 4 Ma A' M MaX F 2% !/ 1 2%, .' :i:a =.�'y► '�. .'.1 5....Z'�•. r +r "a I� •w. ! f l 1 SLOPE AND h 10 2 3 4 5 6 MATERIAL VARIES a 1Q 1 112" BITUMINOUS SURFACE COURSE 4 1 p 2O 2" BITUMINOUS BINDER COURSE (PARKING LOT) ` E 41/2" BITUMINOUS BINDER COURSE ( ! ! I (WITHIN PUBLIC RIGHT OF- WAYAND ON -SITE ROADWAYS) �a W 30 10" CA -6 AGGREGATE BASE COURSE NORMAL DUTY (PARKING LOT) gal b 12" CA -6 AGGREGATE BASE COURSE v (WITHIN PUBLIC RIGHT -OF- WAYAND ON -SITE ROADWAYS) a (2" MIN. UNDER CURB AND GUTTER) a O� s ® LIME STABILIZATION AND /OR GEOTEXTILE FABRIC c ( CONDITIONAL BASED ON SOILS CONDITION) g z 5O COMPACTED SUBGRADE y J ©B 6.12 CURB &GUTTER a Z u z 0 w 0:M0w _9 J N J TYPICAL ROADWAY CROSS SECTION M > s IECM0. M07101 ' .OTNO. ��� EXHIBIT V 77esign Guidelines Comn�anlly C.i- ►aracter Arindples PRINC.IPLIE 0- Create a dohe v - I Ina eproararh Itis° impprfant ocon sider :the t::time.visitorWi endei glop ing :a'faniij y O signage, Creating an easily._ dentlflable, =signs e sy�tom taciUt�tes mbyement tp both :pupk ai7d ptivate'._dest_potions .!. `.Consolidating. tlie3 ideritiffcation of muJttpie, Individual. ,entities; iriJiS: ;a single :system retluces' the amount of visual clutter usually assoctate� i�ilth iriiv�duai businesses using coinpetitiva;,s(gpage stcate ies. Ptoppsed signage should ated_�gn_ matgTlal� Cglor; sha , Scale, size; location': antl.'+avecall appropriateness: Signs. of :allsCaeg w7thln a develop'merit.shoufd ielate to each other through: a consistent use of materials, colors and,.t ?xf atyle:- Tfre.:follow(ng criteria. are .;intended to supplement the signage requiremsnts currently adopted by the City.` Where arty • conN'ict or. exists with-current C(ty cosies, t(ie stricter of .the two Malta • :� ::Sfgnage :D.e:sign: � �-,:� . °•� Colors ir Sigli colors should -complement .the colors i :and theme of the entire development. Neighborhood Enf y ■ Avoid too many colors, small accents may make the sign more attractive and unique but limit amount. of colors used. ■ Materials d. Sign :materlafs•:should ;be fcompatibie W tli-.the.male als : d: t�ri.:fi{�e :bit liijng :facade . . iaport: �fiioliilhe�y: �r� >aSsQ�iafaiu+(tFuor.•j?iace� upon. .. .. .. . _.: ...... ::..: eyX coatirrf s it a opptQp_riaf only; if.fi ey; aro designed.°in•:a mmanner - consistent viiili� =lhe :tkrAme`,`$staf i sk ed by::tfiat'developmer t . ■ iVlet0l: signs- arepermitted but.avoid•finishes that will create .glare. ■ Ra p Or acid cloth signs are not permitted. • Legibility ■. Limit the.number of text styles to avoid confusion and increase-legibility. Avold•symbols and fonts that are hard to read or too intrleate. 4.: Use syrribols:and Logos In..plaw. of words whenever appropriate. UvtiteJ ..Giiy o /arkvI e: _ :ariapM6 -- Iva land U►se 'Plan .Update . A? I EXHIBIT V I design GNiclelines ; i Ccmii�i,vitty CHardcier'I�rinciplss + Illumination + Illuminate only signs that are necessary, allow for illumination from other sources, such as streetlights :h'f or pedestrian fights. T < . • Individually illui»inated.� signs, :either individual. _ - illuminated iettecs'ot pack- lfglited.re cncotiraged. -Int r all e n y 111uminatp, l #4t-`�c cabin._ 1 s ris. are. . i discouraged, 'Sftnwvvith_ lnftid'Uai aettoils 'fe t ette�. Integrated with-the'arct tecturg. i . ° :.. Location +. .signs . should do -iriiriate the site in height and =may should -not isojd .:above; the rooflines of the Monumentslon.wiKindlvidual bU11d1ngSt Natters bdd Indlrect - - I Signs should not`olistrgct*doors or windows, Utilize -the building's arehiteefural features'to. dellneatewhe' m signs should.be located. 1 'Window signs should trot: cover's: majority of•the`window. R Project Entry and Monument Signs Project entry identifiers are located within landscape lot areas adjacent to major T, thoroughfares and at major Intersections and primary entries. Projects with more than one tenant - should locate no more than one sign along the City's "Gateway" corridors. A' R`,'` •�.., w .,,f:. All freestanding signs should .be rr]gnurnent. NlgnurnQiit,:slgn;�(lth cor)refa6ng materials Treestanding nlonurriQitii igrts 'M'ould be ,...:. .perpendicular- the streefi;; Signs should be - oriented - so ihaf sight lines of` intersections are not- obstructed: Solid architectural bases and sides are p encouraged. Each sign should incorporate a base, which is a minimum of-2 feet high. Sign materials- should complement -the materials used throughout the development: III ■ Landscaping should be ;lncgrporited -at. the_ ll?ullipfe tenants consgllolat @d on -a O gle Olin <. ;. t United GY of Yorkville Co►v�pre�enslve.Land Use 'Plan LApclate 42 l EXHIBIT V .. Deslgv� C,GUfdelines .Gvmmunlf};► :Cblaracter Princlpies base of the - sign. A minimum 5-ft. landscape bed shall be created on all sides of the sign.- Lighting of monument signs is permitted, minimize the - of light pollution and'.glar8 onto surrounding property. e Neighborhood Entry Signs ; Rejghborhoo :d entry IdantiRers shall be y - Pt0ited..at: the primary - entrance- Of individual _ i• :neigh6orhovsis wlthtn; community and be ;::`, }installed ' the :neigt%korho;Ad.: bltjitler 7h r►eiglifi � : d �i . e ' • :. _. ::: .. or ,'oo, eigns sha.. :r eo ve .1.4 Ih6< main ent rjag .. ahrougl ;:tFre� °use`gf�fike;fbrrps, rrtatai'tal.�; °ldgo.:: ` � sod 4 - di cape: The - locution _ of t:eighf;ohootl:sgris :must be reviewed and approved liX:tlie:City.. i7irec #i' Signs ' t!ti�lp�liai;dEr�riysign When deeliied necessary by the City or deVeloper, : ;:• t:';_;'`.:: °.,:.: ,� : easy to read ;motorist and pedestrian directional signs Will be placed streets and greenbelts within' Yorkville. :Tile: Iobation of each -of these signs must ...::,. receive approdal'. City ' :Ail'wails'rgn:s:;shoutd; not '}jtojectfroci:the:surface.,of'` inrhtc(i "tkie: are troun. od:> ote tlfa 12 inctie : � , Wall sjgris shoul�f :lie. tatted .where; thi . buitatng :s . : . architectura.1-fi�atueo's , s4ggost.. Wall signs can Melp . break up . Iaeg�::.blank;.vii(Is 'and can provide - a v ariation on v�aUs :greateC ftiari one;story Direction slgn New wall signs' in a 'develo ment' should be 9 p • .Onsisterit in: tocatton with :ail: other..adjacent wall „ :duns in -th'e development.. r L.e#e'�Iing,shopld'not more than 75% of the. area of the. panel -where the sign is located. nA • Wall signs should not project above the roofline or outside the edge of a building comer. ` T • ti Pro acn Sig - �fi�, • Projecting Si g. On a multistoried building, the sign should be Locate signage at a conslstent height with ad latent businesses suspended between the b6ttom of the second floor .ihnited. C1fy of Wekvilla Gvinpr p live. L0v14 LJlse Alan Updafe 43 EXHIBIT V Design GNldalfnes windowsill and the top of the first floor doors. • Orojecilng t should be made of metal, wood or fiber Plastic -signs 8(rq discoUraged. _ be-hunO.-:a't,a.9'0 degreeangle to'the building . fagad& " 'gd - plane of tlrives stri3`ets: .1h light - -to: n Uld be vent cal" On h --4j aY-ItOrn: e !y' creaspv1sibility4ut%should. . . . ........ 1' , T66 poi Y Vid6 a'1'0- foot: - - earphr, 'd "RW 10' 6 - 140 ..A -are M 'd "nd:_'shoUjd!-'OoMp OM .16"Uht"th all i . 5v bf N o Window Signs PrOA606449n.46as not #Orh6te - 16.74"Of bullding Text should be lirhftq# ffie business name and/or -a - roessa­ gQ to desCrlb.o the -services -offered. '., :51bn$ should be 00MOPP1,lOtbra- placed - on the interior sur(ace:of the - uyindow. whitO.,.:b(ack or gold leaf paint. Avold'bright, distracting. Letters *h64' ld be,.'.'-.*." 'S ting. cplots that may - Oia nd contrast the overall theme. t4mite-A CRY. of Y-60,6 44 EXHIBIT V "Design Guidelines Com►nunify Ckaracter Principles ■ Sireet Address Markers • In non - residential developments, address markers should be Incorporated into the project signage with similar materials and colors. • In residential developments: ■ The address marker must be located within 5 feet of a light fixture, which will illuminate the street number from dusk until dawn. ■ The address marker must be located closest to the street either on the front facade of the house closest to the driveway or porch column closest to the driveway. ■ Prohibited Signs Signs that obstruct the dear view of pedestrian and/or vehicular traffic or Interfere with efficient operations of vehicles. • Billboards within "Gateway" corridors. V ., .: ::; `' "' � .. - �"� F .rl '.7'a+�.'ci�SG ��:::.•,3i��•': ; f' \.� ��. � 3�£(: . • Neon or signs with bright lights unless individually P I - approved by the City. I • Signs excessive In scale, size, height or use materiels not consistent with the overall design theme. • Off- premise signs including signs or graphics applied to parked vehicles for nearby vendor identification. i I�! Signs or graphics painted ' directly on exterior of buildings, fences or walls. ■ Landscaping that becomes a sign or message. Pole mounted and bAboard signs are prohibited • Pale mounted signs. s ' Witecl City of Yorkville Compeehensive Land Use Plan Update 4.5 I EXHIBIT VI .. Gounty.Seat;of K y endall Count .... I �;... rm Road::' ES ::. ..... kville, I111nois;:05�b0:: .::._ "::: ;:.. ...... .,,.... :.. :.... ...... ..::.:::Tele hone; :::::���_� ..., fax:. 630- 553 - 7575:.: = O. _. Webs1te. www :Yprkv:ille.11.Lis.:. COMMERCIAL PERMIT FEES . . Permit/Plan Review. . .. Biiildia Pdrmit;:.; :$75.0...00:plus$0.20.pexs uare:foot.. g .. ...... q.... a ,. :::Sased:c"n ee AXt chedJ: °:::::::::: ............ :...:..:..:..........:.....:... :................ .. ...... . :....:........Cantri utions:: b ...... .................... :..._ Devela xaent:Fee " $3000,OQ *: See Attached Oriiiziaaoe 2004 -55 :... .... ....: .. rea. Fee)` se in Bristol Kendall :Fire;Frdtectionl7istrict Waterl.Setiver.:: Sewer Tap. See 'Attached - Ordinance. #96 =11 Water Tap::....:: Water 16Meter:Size: Water:Cdrinbction Fee :... ........ ..... ....... . .......:...............:..:.... . ........ .. ... ............................... ................ :.....:. ............ .................... .. .................:. .........:..... ..... -.: -. .. '2 5 : 4 ++ $15,000.. 6" and larger TB Water Meter Water Meter Size Water Meter Price . 1 ' $ 485.00 1 1/ 2 +7 .. : $ 790:00 2" ..$2800 ..... ... .. 6.00- :. .: :00 .... En ineerin its :ec 'uris: 60:00.: . I b � Riyer Fee. $25 :Q.0per-dram : See: attactied noe 97 -11.: . :. * *Engineering and Landscaping review fees will be billed separately. * *�` Please call theYorltville Bristol Sanitary: Distrioi.for sanitary per' it Pees (630) 553 -7657 '' =?:: • iii;'^^ •. T i s ue; �;•_, :.... .... ... .. ..... - 11 i � S 7�_: .irri "' r �Yto� t,;` -• U)�.? �� 1 A. New Construction Pex Unit. $3 50.00 plus $0.15 _persf,. ., B. Remodel>3g Per C7zut.: . ° ° ....:::.::: ::.:,:.:.:.: $175:00 plus $O:lO.per, °f.:_: ............:........:.. C:. Detached :Garaat::Pter ":;Unit.:wLthout; txical: $50:;00..::.::'::. ".. .... . : .:........:........:......... . :...:' '.....:: ' Det c ed a_ e.Fer,Unriwrth Elect c .. .:- D.... .. a ..h .. Gax a al 1:0.0.:0:::... .... . g .... ............................... :.::.:. o f: :... 1;.. ..TexriporarytoStartonstruct�on._ .:. =: .25. /0 :o...fitll °gerrait fee;= not�:tob.e ::';':;:::;::::: ':::: .:. applied.�to -Ilia full :penpxit fee . " T.. Temporary Cerdficate of Occupancy when Requested by $50 per - unit. (non- refutadable) - the Builder when Circumstances Do Not Warrapt ALL.OTEER USE GROUPS A. New Construction :.: $750.00 plus $0.20'pzr Foot D.. Additions-:.. plus.$0.?0'per square . t ... C. -: O:per.;:square,foot D; Temporary tbStart. Construction 25 %' of full petixii :fee; not :to be.::,::'_ . � applied to. tlae�ftill perriztfee s :.::.:::E. peinuora Cerhficate.or.Occu aac . whenn Re. uested:b $200:00 non - refund blel :°,:: r 9 , �' ... . � y y the Builder when Circumstance§ DoNof Warrant NQTE:. Building perrnit--fee: rive "s::ri0t: include the _plan- review:.fea. for -Ilia "rxiultiple- fa rXli ly' ... _. residential u5 e.group "=- aiid.;`.`otliei. use group" categories,.:The plan review ice will be based on the. °schedul&:f&lorving the permit fees,'' Plan review fees to the _'inspection fu e same:.time. as the buiiding fee. m will be_paid at:tl� .:.. .:..... :...:.:........ _:.... EXHIBIT VI .P.LA.N.REP FEES (May vary due to outside consultant's fee schedules.) BUILDING CODE - Building Size ... .... Fee . ..... ... .1 to 60,000 cubic feet $355.00:: 60,001 to 80,000 cubic feet $400.00 80,001 to 100,000 cubic feet $475,00 100,001 to 150;000 cubic feet $550.00 1 to 200,000. culs±c :feet.:: $650.00: :fe over.200 000 cubic et -= $50,00: +.;$b.SO, per J 0 , OOQ:.cubic feet over 200 000 RE1 07�ELf1� LA'hf RE 'W:: a /2:of:Plai Revieww 66 iA6d :Above ......::......., .., ..: - .:.... - ...... :.. . ..:.::::.......:. ..........:.- ...... . 'ELEC 'TRICA.L;.WCIZANICAL,.O}2 PLUlYfl3Il�IG I?I;AN.REVIES�Sr 01�L' 1/4 of Pl - an Review Fee Listed Above FIRE DETEC•TION/A.L -APM YSTENIS $11 5.00 per.10,000 square feet Of floor area - FIRE SPRINKLER SYSTEMS :.... r 11fzimber.of Sprinkle s: Pipe Schedule- Hydraulic : Calculated Up to 200 $ $5.00.00. 201. -300 $3 $575:00 :30.1-500 $400.00 $775.00 Over 500 = ::$450.00 $8 LLIS for::'d 13. SiifiAklex oI, 500:_ $O,:fiO /each $Q.95 / - : .. 'AL'I'ERN:TE F IRE SUPP.RESSXON:.SXS'IEM :Standpipe:: :::.. ; OO.per Standpipe Riser..: :. (No . ... .. ......... .: ]large w fih Spiinkler ltevie5v) . a c S eialized ExtinuAer Aseni Di or Other Chemical Aent P .. �. ( Dry g a ) $125.00 per 50 pounds .. . Hood & Duct-Cooking Extinguisher Agent $150.00 flat rate per systeiai:: NOTE: If any plan bas to be sent to an outside consultant other than the inspection firm, die outside consultant's fee {s) will be charged and that fee paid directly to the outside consultant. :...... : ... EXHIBIT VII (b) Guidelines for unbuilt sites (1) Masonry Products or Pre -Cast shall be incorporated on at least 50% of the total building, as broken down as follows: The front fagade shall itself incorporate Masonry Products or Pre -Cast concrete on at least 50% of the fagade. Any other fagade that abuts a street shall incorporate Masonry Products. The use Masonry Products or Pre -Cast concrete is encouraged on the remaining facades. (2) Creative layout and design of the buildings within the commercial, office or institutional development is encouraged. Use of windows or the impression of windows on all sides of the building and the utilization of a campus -style layout are encouraged. Creative layout and design will help to decrease the overall mass of the development, to prevent monotony, and to improve the aesthetic quality of the development. (3) The height and scale of each building shall be compatible with its site and adjoining buildings. (4) Outlots shall reflect the style, materials, and /or design elements of the main building. In cases where the main building does not meet the design guidelines and standards (i.e., in terms of visual design materials and layout of the building), new outlot development proposals will be reviewed using the guidelines and standards contained in this document. (5) Pedestrian scale features /amenities, such as solid - colored awnings, covered walkways, windows, street furniture; bicycle rack facilities and clearly defined entranceways are encouraged. (6) Common open space and outdoor seating areas are encouraged within commercial, office and institutional developments. (7) The location of parking lots in a manner that is logical, safe and pedestrian friendly is encouraged. In this respect, the location of parking lots in the rear or side of a building is encouraged. (8) Parking areas shall be treated with decorative elements, building wall extensions, plantings, berms and other innovative means so as to largely screen parking areas from view of public ways. (9) The location of drive- through facilities, including drive- through lanes, bypass lanes, and service windows, adjacent to a public right -of -way are not desirable and are discouraged. EXHIBIT VII (10) Loading bays for commercial and office uses shall not be located in the front of a building or in the area abutting a public right -of -way. EXHIBIT VIII ILLINOIS ENVIRONMENTAL. PROTECTION AGENCY NOTICE OF INTENT (NOI) GENERAL PERMIT TO DISCHARGE STORM WATER CONSTRUCTION SITE ACTIVITIES OWNER INFORMATION LAST FursT MIDDLE (ORCOMMNYN E) OWNERTYPE: Private I NAME: RAYCORP, INC. MAILING 16345 S. HARLEM AVENUE, SUITE 4 SW ADDRESM CITY: TINLEY PARK I STATE: IL IZIP: 1 60477 CONTACT THOMAS L. RAYBURN I NUMBER: 1 708 1 429••6644 PERSON: CONTRACTOR INFORMATION Lnsr FIRST MIDDLE (ORCOMPMYNAM) TELEPHONE AREAC z NUMBER I NAME RAYCORP, INC. I NUMBER: 1708 I42"S44 MAILING I ADD ESS 16345 S. HARLEM AVE., 4SW I CITY: I TINLEY PARK ( I IL I ZIP: 16 0477 CONSTRUCTION SITE INFORMATION SELECT Qv New She ❑ CHANGE OF INFORMATION TO PERMIT NO.1 ONE: FACILITY VILLAS AT THE PRESERVES OTHERNPDES NAME: I PERMIT NOS.: FACILITY TELEPHONE► Nur�6t ROUTES 47 AND 71 NUMBER: LOCATION. 1 708 429 -6644 1 CITY: I YORKVILLE I S I IL 1 ZIP: 1LATITUDE: I I LONGITUDE: I , COUNTY: [KENDALL SECTION: 16, TOWNSHIP: 36 N I RANGE: 1 7 E APPROX. CONST. APPROX. CONSTRUCTION 106 101 / 06 TOTAL SIZE OF CONSTRUCTION 1 24 START DATE: 106 101 /05 I END DATE: SITE IN ACRES: - STORM WATER POLLUTION PREVENTION PLAN COMPLETED [B YES )] NO (If no, separate notiflcatlon required to Agency poor to construction.) . TYPE OF CONSTRUCTION TYPeeWy DESCRIPTION CF PRDJF&r - . Residential ! CONSTRUCTION OF A 42 LOT SUBDIVISION HISTORIC PRESERVATION AND ENDANGERED SPECIES COMPLIANCE HAS THIS PROJECT SATISFIED APPLICABLE REQUIREMENTS F COMPLIANCE O NO ILLINOIS LAW ON: HISTORIC PRESERVATION [� ENDANGEREOSPECIES 0 YES (_I NO RECEIVING WATER INFORMATION DOES YOUR STORM WATER DISCHARGE DIRECTLY TO. OWNER OF STORM SEWER SYSTEM. Q WATERS OF THE STATE OR O STORM SEWER f DOT NAME OF CLOSEST RECEIVING WATER: I FOX RIVER I certify under penalty of law that this document and all attachments were prepared under my direction and supervleion In accordance with a system designed to assure that qualified personnel properly gather and evaluate the Information submitted. Based on my Inquiry of the person or persons who manage this system, or those Pelson directly responsible for gathering the Ifmformahon, the kOnneUon submitted Jr., to the bast of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penafiles for submitting false irdbravatlon, Including the possibility of fine and imprisonment, in addition, Ice that the provisions of the permit, including the development and tmplem on of a�,stonm wafer polution provention plan and a monttoring p ( 111 be co {��v OWNER SIGNATURE ' (` hh" «�- -��""« DATE: t/ FOR OFFICE USE ONLY MAIL COMPLETED FORM TO: ILLINOIS ENVIRONMENTAL PROTECTION AGENCY I LOG: DIVISION OF WATER POLLUTION CONTROL I ATTN: PERMIT SECTION 1 PERMIT NO. ILRIO (DO NOT SUBMIT ADDITIONAL. POST OFFICE BOX 19276 DOCUMENTATION UNLESS SPRINGFIELD, ILLINOIS 62794.9278 REQUESTED) www.e Oli te.lims 1 DATA hdAnmtba rwgred by thbtammBat be psoMed lo eompV %*h416 Lee SAW (iWft Fa@Brato tlo ao nw pMV0MlMs foram fMm balm p ab could mouA M your eppkakn b ft don" Tffs foram has been approved by th Fomms ManaFMAM Cer t 1L6U2t61 WPC 6237 Rex SM I EXHIBIT VIII Clay- 27-2005 02125pm From- T -316 P- 003/005 F -520 I LLINOIS ENVIRONMENTAL PROTECTIpN AGENCY ID21 G&wo AVENUI: EAV, P.O. Box 19276, SrKm rjs[EtP, ILLmis 62794 -9276, 217-782.3397 IMO R. THOMPbON CENnk t pp WW RANOOLPH, SURE 11.300, CHMA IL 60601, 31 x•914-6026 217n$2-3362 ROD (t, SLACOINVICHr GOVIIRNOR REND Cimmo, DIRECToa , MAY 2 7 2005 Rock Island District Corps of Eaglaws post OflQoe Box 2004 Clock: Tower Buildin!t Rock island, IL 61204-2004 Re: Conifer Group, L LC (Kendall County) ConsttuCtion of raddt ntial dev®lopment (villas at foie Preserve) — Unnamed Txibuwq to pox River Log # C - 0170 - 05 EGOS appL # 2005 -02961 Gentlamen: Thk Agency received a request on Febtt><ary 28, 2005 frorn the Conifer Group, LLC requesting nit -MMY t ,o=U=ts eon.Cming t11e eotlstrtwdon of it residential development that includes the relocation of an i nterrdtteut dr<w►ageway uibuta><y to the Fox River. We offer the felloivW9 carl=Q11s. Based on the Included in this submittal, it is our mgincerbag judgma►t that t1W proposed project maybe completed without causing watorpolli iot( as defined ila ft Illinois Environmental protection Act, provided the projcet is carafv►Ily planned and supervised, These cotritnMS are directed at the affect *A water quality of the coast motion procedures involved in the above described project ad are Lot an approval of any discharge resultitLg from the completed facility, nor an approval of the design of the facility_ These comments do ILet 0011P ant any permit responsibilities of The applicant toward the MUM, This Agency hereby issues ceutificartion uAdor 9ectiou 401 of the Clean Witter Act (PL 95.217), subject TO the applicant's compliale with the following conditions. 1. The applicant $lull not cause: a. violadon of applicable water quality standards ol'tbe Illinois Pollution Control Boarcd Title 35, Subtitle C: Water PolWon Rules and Regalatio0S: b. water pollution defined and probibited by the 11licois Enviromneatal Proteotien Act; or o. iatetforence wilt water use praotices acw public roreatiori areas or water supply inter. 2. The applicant shall provide adequate planning sad Supervision during tie project construction period for implementing construction modwds, processes stud cleanup procedures netcessaty to prevem water Pollution and control erosion. RoeaUnrn . 4 302 North Main Street, Roektwd. IL 6110: - 16111987.7760 Dn PiAm —9511 W. i• -irrlsor bL, Oes vlalnou, K 64016 (847) 204-4000 E►sA►1 59S South State, Elgin, IL 60133 - (6471608.31 it 0 ;MRU+ -• 5415 N. Univerolty S,., Peoela, IL 61614 - (3091693 -5463 tivuAu up LAhn - Pt -7620 N. UnNe�ht� 6t,, Paoria,�1L6161 Gw+Alpn - Zix6 South Plrst svaar, Champolgn, IL 6192tl -12t 712Y8 -5800 SrRINat1 w - 4584 5. Si)xh Strom Rd., prir*AWd, 629'06 - (217) 786-6892 ■ CowNNg t - 2000 Mail Street, Colli nwille, IL 63234.(6181346-5130 MAlgoa - 2309 W, Main t Sune 116, Anaran, IL 62959 - (61 81 943 -7240 , • P RRMUCM RWMAP PA;.,, MAY -27 -2005 16:18 90% P.03 EXHIBIT VIII fay -27-2005 02;25pm From- T -316 P.004/005 F-520 Page No. 2 Log No. C 0170 - 05 g, A 6, U y spoil material acavatad, dredged or ot hcrwlae Produ°rd must tot ba returned to taus watasway must be depashOd in a self�con ddW area in wmplxance with RU sWe statae9, reSulatia>as Ari btu pcmdt requirements vvithrto disobMa to waters of the State. unless a perm t ba been isauedby this gy. Any backfilling must be done with 01444 matozial end plaet:d in a M=" r to P A$= g violation of applicable water quality standards,, ' 4. All areas affected by oonstrvation shall b mulcte d to adt�izes to traduce ero9i uo �s * sslbie. Th applicant shall undertake �s�Y 1 can w=tlom laterite measures to preveau erosion du constzuetion shall be taken and may include t1►e 3netallation of staked straw bales, sedimentat "sort halos and temporary mWehl tg. All cons OdOn within rite waterway shall be constructed during zero or low blow conditims. Theappluent shall be responsible for obtaiWAS err NPLIES Swam WOW Pen-01t to initiating conmetion if the constrtruioa activity associated with the projeot will result in the dis=banae of 1(010) or maze sores, total land area on or after March 10. 2003. Ann Nl'AUS Storm Water Petit way be obtained by submitting a properly completed Notice of 1»tud (NO]) form by certified mail to the Agency's I)Msiorn of water Pollution CaatrOk Permit Section. S. The ap plicant shall iavleninealt erosion control raeasurr6 consistent with , the " Illinois Urbau Manua!" (MpAAjSDA, NfLCS; 2003), The 6. The c applicant is advi"d that ra t o bi penni s to f consttm sanitary Bowers bwa t maw and related facilities prior to $pP , Construction. 7. Th proposed work shall be constructed with ed d mat ials to the 4yoini g v7d1ands and straw bales, eta) to prevent tranloxt , dawn=am. 8. The Wwrrnel relocation shall be constt Wed under dry conditions and stabilized to prevent erosion prior to the diveasion of flow. 9, The wetland mitigation plats received by the Agency on February 29, 2005 shall be lwplmented. Modi#'icmions to the wetland mitigation plan must ba aubmittad to the Agenncy for approval. The permiuee shalt submit aotnual wPorzs by MY 1 of each calendar year on the status of the mitigation. , Me first 8nnual rtipott shalt include a hydria soils dear uination that represents the soils at the completion of iod W construction for the watland r 44ption site(s). The p=duee shall mWtor the mitigation for S years after the oottapledon of initial cIrnstrucdon. A final report shall be submitted within 90 days after completion of a 5 -yam monitoring period. Each animal, report and the final report sW include the foltow7ino: ]! PA Log No., dare of completioA of Witial censttuction, representative pb atographs, Iloristic quality inn e& updated topographic maps, description of work ins the past year, tho performmnce standards for the mitigWon a$ stated in the mitigation 8184 and the aatiAtios remaining to oomplote the mitigation plan. For wetland mitigation sites containing riots' hyd& soils at the time of uridd constmation, the final report shall include a bydtic soils detc=mins n that represents the soils at rho end of the Srycar monitoring period, The subject reports sballba subu tied to: jjKAois Environmental Protection Agency , Bureau of water Watesshad Managment Section 1021 North Grand Avenue East Pon omee Box 19376 Springfield, Illinois 62794 -9276 MAY - 27-2006 16:18 9 8'/. P.04 EXHIBIT VIII May -27 -2005 02:26pm From- T -316 P.005 /005 F-520 ,. Page No. 3 Log No, C- 0170 -05 This Oatiftaatioa b=a= offCCdve whsu the Department of the -'My. Carps of Etigineere, includes rho above =0 # 1 through # 9 as conditions o£tbe rcque ttCd permit Isstred punvaat to Scotian 404 of PL 95-217. Tills certification does not grant immunity from any enforement action found nec=W by this Agatcy to Mot its tesponsr'bilitim in t?tev9ndOA ahatamant, and ooatrol of water po"Won- Sincerely, Bru � lviama . Watershed Maaagemeut section Btweau of Water BY 05.doc cc. 19PA. Records Unit lEpA. DWI'C, FOS, Des Plaine9 IDNR, OWR, Springfield USEPA. Region 5 W. Frank Maly, Conifer Group m f y= VMtown, Burnside Conewctiou Ms. Patrick Williams. WCAP, Ina• I MAY -27 -2006 16:16 96% P•06