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Ordinance 2007-024 200700015755 Filed for Record in KENDALL COUNTY► ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON 05 -15 -2007 At 11:15 am. ss ORDINANCE 165.00 COUNTY OF KENDALL ) RHSF Surcharge 10.00 II ORDINANCE NO. 2007- a "1 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF (Yorkville South) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and � WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record and developer of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is anticipated to become contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK v JOSEPH BESCO VALERIE BURD LAI PAUL JAMES v DEAN WOLFER MARTY MUNNS titi ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of v , A.D. 2007. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this O O-l day of A.D. 2007. I ATTEST: i PU7 - y CITY CL Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 Revised January 10, 2007. February 1, 2007. February 2. 2007. February 14. 2007, February 23. 2007 ORIGINAL ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Yorkville South) THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT ( "Agreement "), is made and entered into as of then I tay of 2007, by and between Nancy H. Bierma; and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "OWNERS ", and MPI #6 South Yorkville LLC, an Illinois Limited Liability Company (hereinafter referred to as "DEVELOPER", and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY ") by and through its Mayor and Aldermen ( "Corporate Authorities "). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ". RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibits A and B (hereinafter referred to as "SUBJECT PROPERTY "). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous planned unit development (PUD) known as the Yorkville South Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial uses in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD District with single- family, townhome and multi - family residences (totaling 1 I I 1,427 units) and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on March 8, 2006. City Council conducted the public hearing on the annexation agreement on June 13, 2006. F. The Parties have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of the Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each Party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibits A and B as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential and commercial uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 238 acres and carefully integrated commercial uses and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each Party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. 2 I (iii) Each Party agrees that a substantial impact will be placed on the services i of the United City of Yorkville and other governmental agencies by development of said real property. (iv) The SUBJECT PROPERTY is not currently contiguous to the corporate boundaries of the CITY. Upon the SUBJECT PROPERTY becoming contiguous to the corporate boundaries of the CITY, the CITY shall immediately act to annex the SUBJECT PROPERTY pursuant to the I terms of the OWNERS and DEVELOPER's Petition for Annexation. 1. It is the desire of the Parties that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, 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. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement it with the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, attached hereto as Exhibit C to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the Parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. As soon as reasonably practicable following the execution of this Agreement, and upon the SUBJECT PROPERTY becoming contiguous to 3 the corporate boundaries of the CITY, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone the SUBJECT PROPERTY as a PUD District with single - family, townhome, and multifamily residences and commercial areas as shown on the Concept PUD Plan attached hereto as Exhibit C. The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. I 3. PLATTING AND ENGINEERING. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as I modified in this Agreement and the Concept PUD Plan (Exhibit Cl. Additionally: I A. Transitional Area Compliance. The CITY acknowledges that the DEVELOPER has met the Transitional Area Requirements as demonstrated in Exhibit D when evaluated in context of density restrictions that the DEVELOPER has placed on the Suburban Residential land areas north of the Transitional Area. The CITY and DEVELOPER acknowledge that changes to right -of -ways and easement areas adjacent to buffer areas may be necessary dependant upon final engineering. The CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures (except for walkways or trails) are constructed in the buffer areas and the areas are in compliance with the minimum planting requirements of the Landscape Ordinance. B. Phasing Total Unit Count. The Parties acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Exhibit C, Concept Plan, for a phase of development, as a result, of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances, regulations, codes and rules referenced herein. As such, the CITY and DEVELOPER acknowledge at the discretion of the DEVELOPER, the number of dwelling units to be approved in any phase on the final plat of subdivision can vary 5% from that described on the Concept Plan for that same phase of development provided the total maximum dwelling unit count for all phases does not exceed 1,427 units. All proposed Final Plat units for this development shall contain a minimum of 80 dwelling units for multi family areas or an entire neighborhood as identified on the concept plan for single family areas. I i I 4 C. Abbroval of Preliminary /Final Plats and Preliminary /Final Engineering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The phasing of Yorkville South will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development provided no more than a total of four (4) preliminary plans are established for the SUBJECT PROPERTY. If the DEVELOPER decides to process said plans concurrently, then the Final Plat of Subdivision, Final Landscape Plan and Final Engineering Plan shall be submitted in place of any required preliminary plan documents and shall serve as the Preliminary /Final Plat, Preliminary /Final Landscape Plan and Preliminary /Final Engineering, referred to herein collectively as the "Final Plans ". Preliminary Plans or Preliminary /Final Plans when processed concurrently will require a public hearing before the Plan Commission. Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this Agreement and substantial conformance with the Concept PUD Plan, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. D. Architectural Review. Subject to the design guidelines provided in Exhibit M and Covenants described in Section 29, the DEVELOPER shall maintain architectural review and control of the design and elevations of all structures within the SUBJECT PROPERTY and shall establish covenants, conditions and restrictions with each final plat of subdivision. Said established covenants, conditions and restrictions shall not be less restrictive than current City ordinances including the City Appearance Code (Ordinance 2005 -51). Established covenants, conditions and restrictions more restrictive than the City Code shall be monitored and enforced by the DEVELOPER. 4. MODIFICATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit E attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ( "Permitted Modifications "). 5. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to construct and install certain on -site and off -site sanitary : sewer, water system and roadway improvements as detailed in Paragraphs 6, 7 & 8 of this Agreement. DEVELOPER agrees that any extension and/or construction of the utilities and public improvements shall be performed in accordance with 5 existing CITY subdivision regulations as modified by this Agreement. Any on -site and off -site work (as detailed within this Agreement) and the cost thereof shall be the responsibility of OWNERS and DEVELOPER as outlined below, except as otherwise provided in this I Agreement. The CITY agrees to assist the DEVELOPER to obtain necessary easements to construct improvements at the written request of the DEVELOPER. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions, easement drawings, construction documents and other exhibits as necessary, the DEVELOPER shall grant reasonable permanent and temporary construction easements as necessary for the construction of the extension of CITY utilities and appurtenances and /or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. If DEVELOPER cannot provide said easement within 30 days, DEVELOPER will provide a response in writing that explains why the easements cannot be granted or granted within that time period and will provide an alternative date /location for granting of said easements. DEVELOPER will use its best efforts to grant said easements within a 30 day period. The CITY shall issue permits to DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) construction of the CITY, YBSD and off -site utility improvements provided: (1) such construction is undertaken at the risk of a Party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat, if the preliminary plat is submitted separately from the final plat, for the Phase upon which the improvements are being constructed has been approved by the CITY; and (4) the IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY will use all reasonable efforts to cause the Yorkville Bristol Sanitary District to issue said permits. The CITY agrees to process and sign IEPA sewer and water permit applications separate and apart from the review of final engineering plans (i.e. the IEPA permit applications will not be held until the CITY approves the final engineering) so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering 6 plans. DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after DEVELOPER undertakes activities pursuant to the provisions of this Subsection. A. Establishment of Special Service Area as Primary Funding Mechanism for Installation of Public Improvements. It is understood between the Parties that the necessary improvements required to provide the SUBJECT PROPERTY with san itary sewer and potable j water service may be funded through the enactment of a special service area. At the DEVELOPER'S request, the CITY will establish a special service area to be utilized as the primary funding mechanism for installation of the major sanitary sewer and potable water facilities to service the SUBJECT PROPERTY. This SSA will be paid in full prior to the issuance of a Certificate of Occupancy for each dwelling unit. Special taxes (not to exceed $5,700 per single family and $5,171 per multi - family unit unless otherwise agreed to by both Parties) will be calculated to cover the debt services, administrative costs and any required reserves. The burden of the assessment is limited to and shall be paid by future owners of the property benefited by the sanitary sewer and potable water infrastructure. Upon payment of the special tax identified above, the DEVELOPER shall receive the following credits: City Water Connection Credit ($3,700 for single family and $3,171 for multi - family units) and the City Sewer Connection Credit ($2,000 /dwelling unit) for each lot in this subdivision. Because the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)) and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the SSA taxes could be increased by up to $1,869 per unit (which is equal to $2,667,151 the total required Infrastructure Participation Fee (IPF), divided by 1,427 dwelling units) provided a credit in an equivalent amount is provided towards IPF fees. In the event that improvements are financed by the DEVELOPER through special service area i financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the the above described credit towards IPF Fees. B. Non - Special Service Area Financing. In the event that the sanitary sewer and potable water facilities are not financed through a special service area, DEVELOPER agrees to prepay all City Water Connection Fees of $3,700 per single family unit and City Water Connection Fees of $3,171 per multi - family unit and the City Sewer Connection Fees ($2,000 /dwelling unit) so that the CITY will have the funds to construct facilities necessary to supply potable water and sanitary sewer to the SUBJECT PROPERTY. Because the above described fees are not adequate to cover costs associated with the installation of sanitary sewer and potable water facilities as identified in this Agreement and required to service the SUBJECT PROPERTY, the DEVELOPER shall be responsible for providing upfront funding to cover the short fall. The DEVELOPER will be reimbursed for the short fall through recoveries as identified in Sections 6 and 7 of this Agreement. Based on the mutual consent of both Parties (and the Yorkville Bristol Sanitary District (YBSD)), and in recognition that the above described sanitary improvements meet YBSD's long term planning needs, it is intended that the IPF Fees will be applied in full to provide $2,667,151 in additional revenue for these improvements. In the event that improvements are financed by the DEVELOPER through non special service area financing, the CITY will use its best efforts to enter into an intergovernmental agreement with YBSD to facilitate the application of IPF Fees towards these improvements. 6. SANITARY SEWER IMPROVEMENTS. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated in Exhibit Fla and described as Option #2 in Exhibit Flb on pages 5 -8 and summarized on page 9. Improvements identified within these exhibits shall be funded as specified below and in Sections 5A and B of this Agreement. These improvements require the DEVELOPER to provide upfront funding in the amount of $8,906,175 (the total Phase 1 and 3 improvement costs as identified on Page 9 of Exhibit Flb plus a 15% contingency for soft costs). This contribution exceeds the required City Sanitary Connection Fees for the SUBJECT PROPERTY (which is $2,854,000 ($2,000 x 1,427 units)) and the total required IPF Fees for the SUBJECT PROPERTY (which is $2,667,152 ($3,660 x 8 728.73 acres)) by $3,385,023. In recognition of the regional benefits of these improvements, the DEVELOPER shall be entitled to fully recover this excess upfront contribution (currently estimated at $3,385,023) from future developments. Through the annexation agreement process, the CITY agrees to require future development located within the benefiting service area (as identified on Exhibit Fle) to prepay all required City Sanitary Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city sanitary connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or upon use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. In the event the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures indentified in Exhibit Flb at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated by Exhibit Flb, the CITY shall be entitled to retain any future pre -paid Sanitary Sewer Connection Fees from the service area (Exhibit Flc) in order to recover their re- allocation of Sanitary Connection Fees towards these improvements. A. Utilitv Design — The DEVELOPER has worked with the CITY and YBSD to identify a scalable utility plan for the sanitary sewer system in this portion of the CITY that is agreeable to all Parties. This solution is represented as Option #2 in Exhibit Flb on pages 5 -8 and summarized on page 9 It is the goal of all parties to see this plan realized. However, in the event that despite the best efforts of all parties this sanitary system plan is unable to proceed due to circumstances outside the control of the DEVELOPER within twenty four (24) months from the date of this Agreement (i.e. necessary easements can not be secured to the satisfaction of YBSD and/or the CITY), the DEVELOPER shall be authorized, but not obligated, to proceed with the construction of the sanitary improvements as identified in Sections 6B -C of this Agreement (subject to engineering review) at their sole expense as an alternative to planned regional 9 i I improvements. The DEVELOPER would not receive any credits from the CITY and/or YBSD for a temporary solution that is only able to service the SUBJECT PROPERTY. B. Lift Stations — In the event that the YBSD sanitary plan is not implemented (as discussed above), the CITY shall allow DEVELOPER to engineer, construct, and utilize two temporary lift stations on the SUBJECT PROPERTY of adequate capacity to service the SUBJECT PROPERTY. One lift station would be located south of NH 5 near the Aux Sable Creek to serve the property north of Walker Road. This lift station can be upgraded to service the second lift station which will be located along Caton Farm Road to serve the development between Walker and Caton Farm Roads. The CITY shall allow the DEVELOPER to construct said lift stations subject to engineering review. Both of the temporary lift station facilities shall be operated by the CITY at DEVELOPER'S expense until seventy (70) percent build out of the residential portion of the SUBJECT PROPERTY. After seventy percent build out, the temporary lift stations shall be considered long term facilities and shall be operated at the CITY's expense. In the event that either of the lift stations are abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove said lift stations at their own expense. If any of these facilities are abandoned after seventy percent build out, removal shall be done by the CITY at the CITY's expense. C. Sanitary Sewer — The ultimate concept plan for the Aux Sable /Caton Farm interceptor sewer prepared by Walter E. Deuchler Associates for the Yorkville- Bristol Sanitary District (YBSD) calls for a 24" gravity sewer to be extended from its existing location, south approximately 1,600 linear feet, across the Windett Reserve Subdivision. If the CITY and /or DEVELOPER are able to obtain an exclusive easement for the installation of the gravity sewer from Wiseman Hughes, a 24" gravity sewer shall be constructed. However, if the CITY and /or DEVELOPER is unable to acquire an exclusive easement that can be dedicated to YSBD for the installation of the 24" gravity sanitary sewer, the YBSD sanitary plan will not be implemented (as discussed above). In this case, the DEVELOPER will construct a 10" force main in this same location (1,600 linear feet across the Towns of Windett Reserve Subdivision) to provide sanitary sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to construct and operate said force main subject to engineering review. Furthermore, the CITY 10 i I I shall allow the DEVELOPER to place the temporary force main in any off -site easements and /or the ComEd easement in order to service the SUBJECT PROPERTY, subject to engineering i approval. If, despite using their best efforts, the DEVELOPER is unable to obtain an off -site easement as referenced above, the CITY will not object to the DEVELOPER utilizing the existing Route 47 right -of -way to service the SUBJECT PROPERTY provided IDOT concurs. If required, this 10" force main shall be funded by the DEVELOPER at their sole expense. If the YBSD sanitary plan is not implemented, the DEVELOPER shall also be allowed to i construct a 10" force main from the ending point of either the 24" gravity sewer or 10" force main described above to the SUBJECT PROPERTY along Route 47 to service the SUBJECT PROPERTY. This improvement shall also be funded by the DEVELOPER at their sole expense. In the event that the force main is abandoned prior to seventy percent build out of the residential portion of the SUBJECT PROPERTY, the DEVELOPER shall remove all contents within, cap and plug said improvement and abandon said improvement in place in accordance with all pertinent regulations and sound engineering practice at its own expense. If this improvement is abandoned after seventy percent build out of the residential portion of the SUBJECT PROPERTY, abandonment shall be done by the CITY at the CITY's expense. D. Capacity - The CITY, due to a possible lack of sanitary sewer plant capacity, agrees to use their best efforts in managing development approvals and building permit approvals in a manner that would not be detrimental to the sanitary sewer capacity and YBSD waste water treatment plant capacity that is available to the SUBJECT PROPERTY. E. Oversizin2 — In the event the DEVELOPER oversizes the onsite sanitary sewer to serve additional land area outside of the SUBJECT PROPERTY; the improvement shall be eligible for recapture. The total cost (including design) of the sanitary sewer improvement which benefits offsite properties will be recovered from benefiting properties (per Exhibit Fld) through recapture based on a pro -rate share using an acreage basis which will be paid at the time of final plat approval. This recapture agreement would be entered into at the time of final plat approval. F. YBSD Easements — The DEVELOPER will grant easements to YBSD to allow for the construction of the Aux Sable /Caton Farm interceptor sewer along the Aux Sable Creek. The total width of the permanent easement will be determined at the time of final platting with input 11 from YBSD. The DEVELOPER also agrees to provide a temporary construction easement adjacent to the permanent sanitary easement not to exceed a total of 100 feet in width. 7. WATER IMPROVEMENTS. The ultimate concept plan for water distribution for southern Yorkville, as prepared by EEI, consists of the following improvements: extension of a 16" water main from its existing location along Route 47, near Windett Ridge south, to Caton Farm Road; a 16" water main along Walker Road; a 16" water main along Caton Farm Road and a 16" water main along Immanuel Road. In order to move forward with the realization of this plan, the CITY and DEVELOPER agree to the improvements identified below. Improvements identified in Sections 7A, D, & E shall be funded as specified below and in Sections 5A and B of this Agreement. In the event that the DEVELOPER is required to provide upfront funding in excess of $4,841,359 (the total City Water Connection Fee required for the SUBJECT PROPERTY ($3,700 x 598 SF units + $3,171 x 829 MF /TH units)) to cover water improvements that are described below, the DEVELOPER shall be entitled to recover excess fees from future development. Through the annexation agreement process, the CITY agrees to require future developments located within the benefiting service area (as identified on Exhibit F2 to prepay all required City Water Connection Fees in full at the time of approval of the first final subdivision plat on any property covered in said annexation agreement (a concept plan, preliminary plan or an estimate based on the City's comprehensive plan shall be utilized to determine the total units anticipated on any property if the first final plat only covers a portion of the subject property — i.e. if only 100 acres of a 1,000 acre assemblage is final platted, the city water connection fees must still be prepaid for the entire 1,000 acre assemblage based on a planned density estimate for the balance of the property) or use of said improvements, whichever occurs first, and to forward said funds to the DEVELOPER until a recovery in an amount equal to the excess funding has been provided. . In the event the CITY collects fees from future development in advance of the DEVELOPER's expenditures for said improvements, the CITY shall "bank" said fees to be utilized towards planned expenditures at the time of construction. Once the DEVELOPER is fully reimbursed for excess funding provided and/or the "bank" contains adequate funds to cover the remaining expenditures as contemplated in this Agreement, the CITY shall be entitled to retain any future pre -paid Water Connection Fees from the service 12 I area (Exhibit F2) in order to recover their re- allocation of Water Connection Fees towards these improvements. In the event that another developer elects to move forward with all or a portion of the water system improvements described herein in advance of the DEVELOPER, the DEVELOPER agrees to prepay all or a portion of its required City Water Connection Fees to the CITY at the time of approval of the first final subdivision plat within the SUBJECT PROPERTY or upon use of said improvements by any portion of the SUBJECT PROPERTY, whichever occurs first, in an amount equal to the costs of said improvements but in no event more than the total required City Water Connection Fees for the SUBJECT PROPERTY. The CITY shall authorize their engineering consultant to proceed with the design of the well and water treatment plant within thirty days of a request by the DEVELOPER and upon DEVELOPER's initiation of funding for design engineering. The CITY shall provide the DEVELOPER with a schedule for said design engineering date within thirty days of the first payment from DEVELOPER. A. General Overview - The CITY shall allow DEVELOPER to construct and utilize one 1,000 GPM deep well, a water treatment plant and an off -site water main extension (along Route 47) to service the SUBJECT PROPERTY for all development occurring north of Walker Road. The CITY shall allow the DEVELOPER to construct said improvements subject to normal engineering review and subject to the "Design - Deliver- Build" and "Bidding and Construction" provisions contained in Sections 7H & I of this Agreement. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. B. Route 47 Water Main - A 16" water main will be extended from its current location near Towns of Windett Reserve south to the SUBJECT PROPERTY along Route 47 and then west to the City Public Works site. This improvement will provide water service to the region and benefit adjacent properties (on both sides of Route 47). Therefore, the total cost of this improvement is eligible for recovery based on the service area and will be funded by City Water Connection Fees pre -paid by future development located within the benefiting service area (as identified on Exhibit F2) at the time of approval of the first final subdivision' plat on any property covered in said agreement or upon use of said improvements, whichever occurs first. 13 The CITY shall allow the DEVELOPER to place the off -site portions of this water main extension in any off -site easements and /or the ComEd easement in order to service the SUBJECT PROPERTY. If, despite using their best efforts, the DEVELOPER is unable to obtain an off -site easement as referenced above, the CITY not object to the DEVELOPER utilizing the existing Route 47 right -of -way subject to IDOT's concurrance. The CITY agrees to allow DEVELOPER to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision and utilize this single source (with an internal pressure reducing valve) to serve 100 dwelling units on the SUBJECT PROPERTY with potable water until the south -side water improvements have been constructed and are operational. The issuance of the 101" building permit will be withheld until. the deep well and water treatment plant is placed on- line. The CITY will issue 100 occupancy permits with the single source watermain and internal pressure reducing valve. This improvement shall be constructed within twelve (12) months of the recordation of the first residential final plat of subdivision on the SUBJECT PROPERTY. C. Water Mains — The DEVELOPER understands the CITY's master watermain plan shows 16" watermains to be installed adjacent to Caton Farm Road, Walker Road, Immanuel Road and Route 47. If the DEVELOPER installs watermains adjacent to these roadways, the DEVELOPER will receive recapture from adjacent properties. If the CITY allows the DEVELOPER to route any of these watermains internally, as opposed to at the perimeter, the DEVELOPER shall receive recapture for any oversizing with each benefiting property owner responsible for their prorata share of total costs. Any recaptures owed the DEVELOPER shall be paid by future development at the time of approval of their first final plat of subdivision. D. Water Storage Facilitv — The CITY's master water system plan shows a five (5) million gallon stand pipe on the SUBJECT PROPERTY. The DEVELOPER shall be responsible for contributing the cost of a 1,000,000 gallon water storage tank to the CITY. At the DEVELOPER's discretion, this contribution can be a cash contribution of $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index and would be credited towards required City Water Connection Fees), a "draw down" against the SSA when bonds are issued for said improvement, or DEVELOPER acceptance of a construction contract. With these funds, the CITY shall have the option of proceeding with the 14 construction of a five (5) million gallon stand pipe, a water storage facility or the NW Water Main Loop extension, or some other solution that the CITY deems appropriate which, at a minimum, adequately services the SUBJECT PROPERTY. If the CITY elects to build an oversized water storage tank (in excess of one million gallons) or the NW Water Main Loop extension, the DEVELOPER's contribution is capped at $2,000,000 (adjusted annually beginning in 2008 based on the Engineer News Record Construction Cost Index) and would be credited towards required City Water Connection Fees. Upon issuance of the 200 residential building permit, the DEVELOPER shall, at the direction of the CITY, fund the cost of engineering design work for either a water storage facility or the CITY's Northwest Watermain loop. The CITY shall complete said engineering design work and move forward through the bidding process so that the CITY is in a position to award a construction contract for said work within 30 days of the issuance of the 300 residential building permit on the SUBJECT PROPERTY or twelve (12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. In the event the CITY elects to move forward with construction of a 1,000,000 gallon water storage tank or the Northwest Watermain loop, the DEVELOPER will either provide a contribution of $2,000,000 (as described above) or contract directly with the CITY's accepted bidder within 30 days of the issuance of the 300 residential permit or within twelve (12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. In the event the CITY elects to construct a water storage facility larger than 1,000,000 gallons, the DEVELOPER will provide a contribution of $2,000,000 (as described above) and the CITY will contract with the accepted bidder for the construction of the water storage facility within 30 days of the issuance of the 300 residential permit or with twelve (12) months of receipt of funds for the final engineering design work by the CITY, whichever occurs later. Construction of the selected improvement shall be completed within eighteen (18) months of the time a contract is awarded to the accepted bidder and prior to the issuance of an occupancy permit for any non- residential land use. This improvement shall, at a minimum, provide adequate fire flow for all of the SUBJECT PROPERTY. The 501 building permit for a residential unit, or an occupancy permit for any non - residential land uses shall be withheld until either the water storage facility or the NW Water Main Loop extension are completed or 18 months has passed from the time a 15 contract is awarded to the accepted bidder, whichever occurs sooner. All improvements identified above will be funded as specified in Sections 5A and B of this Agreement. i E. Capacity - In no event will building or residential occupancy permits be withheld on the SUBJECT PROPERTY based on fire flow capacity issues. i F. Shallow Well Sites - On or after the date hereof, the City and its representatives may, from time to time, enter upon the SUBJECT PROPERTY for the purposes of inspecting and drilling the same in order to locate one or more well sites. The Owners and Developers agree to fund the completion of the Shallow Well Siting Program (in an amount not to exceed $330,000) for up to two (2) shallow well sites on or within the vicinity of the SUBJECT PROPERTY and to cooperate with the City in the conduct of its investigations. The DEVELOPER shall be required to provide funding for said program upon application for the first final subdivision plat on the SUBJECT PROPERTY or sooner at the discretion of the DEVELOPER. The CITY shall be required to provide a timetable for completion of this program within thirty days of receipt of any payment. DEVELOPER agrees to provide right of entry to the CITY upon the express condition that the City shall not suffer or permit any mechanics' liens to attach to the SUBJECT PROPERTY related to program. The City shall indemnify, save and hold the DEVELOPER harmless from and against any claim of loss or damage made by any third Party arising from the entry onto the SUBJECT PROPERTY by the CITY, its employees, representatives, or agents. The CITY shall be liable for actual damage to crops calculated on a per acre basis based upon the current prevailing market rates for the crop in question. The CITY shall notify the DEVELOPER of its proposed location of up to two (2) half acre well sites on the SUBJECT PROPERTY ( "Well Site(s)") within fifteen (15) months of the date the DEVELOPER provides the aforementioned funding for the completion of the Shallow Well Siting Program. The CITY shall not withhold approval or recordation of said plat based on their inability to locate said well sites. Said location shall be subject to the reasonable approval of DEVELOPER. The DEVELOPER shall donate said Well Site(s) to the CITY; provided, however that the location of the Well Site(s) shall not impede the orderly development of residential neighborhood, reduce the density of the such Owner's or Developer's parcel and shall not require changes to such Owner's or Developer's Preliminary Engineering Plans or otherwise substantially impact such Owner's or 16 Developer's engineering. In order to minimize the impact to this master planned community, the CITY shall use best efforts to locate well sites on public portions of the SUBJECT PROPERTY or in existing open space corridors. Additionally, the CITY will work to minimize the distance of the shallow well to the deep well. The CITY shall use its best efforts to complete the construction of an individual shallow well site within 24 months of the recordation of a final plat of subdivision for that portion of the SUBJECT PROPERTY in which a well site is located, unless otherwise agreed by both Parties. i G. Fire Hvdrants - Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the DEVELOPER. H. Design- Deliver -Build Requirements — DEVELOPER agrees to fund/finance all testing, design, construction and construction management for one (1) deep sandstone water well with a nominal capacity of 1,000 gpm (W), a 2,000 gpm water treatment plant with the appropriate room for a high service pumping station, as well as the appropriate expansion considerations built in (WTP), and a 16" water main (WM) extension from the Windett Ridge Subdivision to the Well, Water Treatment Plant and future Water Storage Tank site (collectively referred to as W/WTP/WM). The CITY agrees to provide the construction documents for each of these improvements. The DEVELOPER agrees to provide the appropriate construction documents for all other water system improvements required to serve the SUBJECT PROPERTY. This may include, but is not limited to, finished water main to connect to the large diameter water main at the W/WTP/WM and then the distribution throughout the SUBJECT PROPERTY, a temporary Pressure Reducing Valve Station that can be utilized while the Water Treatment Plant is being constructed and any other water distribution system components required to effectively provide water at the appropriate flow and pressure throughout the SUBJECT PROPERTY. The CITY shall have the final decision on any additions or subtractions to the W/WTP/WM construction contracts provided said contracts are consistent with improvements defined within this Agreement. DEVELOPER shall provide all coordination and upfront funding for the construction of all utilities (i.e. water, sanitary sewer, stormwater, street access, electric, gas (if required), and 17 phone to the W/WTP/WM. Said costs are to be covered as provided in the first paragraph of Section 7. DEVELOPER shall maintain ownership of all of the W/WTP/WM facilities until the CITY accepts said improvements. DEVELOPER has agreed to permit the CITY and its agents { and/or assigns access to all facilities. I A surety will be provided by the DEVELOPER for the W/WTP/WM improvements unless improvements are paid for utilizing an SSA in which case no surety will be required. Said surety, if required, may be in the form of a Letter of Credit (specific to the W/WTP/WM improvements) or Performance and/or Payment Bond, at the discretion of the DEVELOPER. I. Bidding and Construction Process — CITY and DEVELOPER will collaborate to develop a list of pre- approved contractors for each W/WTP/WM construction contracts. The CITY will transfer the W/WTP/WM construction documents to the DEVELOPER upon completion and issuance of all required permits. DEVELOPER will conduct bidding for each contract. All bids will be submitted to the CITY and CITY's engineering consultant for review along with the DEVELOPER's recommendation for bid award. The CITY and CITY's engineer consultant will provide comment on the bidding and advise regarding whether they agree with the recommendation for award. Upon approval of the CITY, the DEVELOPER will enter into the construction agreement with the contractor(s). The DEVELOPER will provide an executed copy of all contract documents to the CITY and CITY's engineering consultant upon execution. The CITY's engineering consultant will provide the contract administration (i.e. contract administration, pay request review and recommendation, shop drawing review, facilitation for the pre - construction conference, and change order review and preparation), surveying and drafting (i.e. construction staking, drafting for potential modifications to the contract documents, and record drawings), and construction observation (i.e. periodic construction observation and field reports and periodic construction progress meetings) for the W/WTP/WM construction contracts. All contracts for the W/WTP/WM will include specific performance provisions for all parties involved in processing and paying contractor invoices. Said provisions will require that the contractors for each of the W/WTP/WM contracts submit payment requests to the CITY's 18 engineering consultant no more than once per month. The CITY's engineering consultant will review the pay request and facilitate the issuance of a letter recommending payment to the DEVELOPER within 10 business days of receipt. Copies of the recommendation letter will be provided to the contractor and to the CITY, and any other parties as specified by the contracts. Any changes required to contract documents that require the issuance of a change order will require written approval from the DEVELOPER, construction contractor, CITY and CITY's engineering consultant. Signature lines will be provided for all parties on change orders. The approval process and required signatures shall be coordinated in the following order: 1) contractor, 2) CITY's engineering consultant, 3) DEVELOPER and 4) CITY. 8. ROADWAY IMPROVEMENTS. The approximate locations of the infrastructure improvements for roadways are illustrated in Exhibit F3. At the time of preliminary platting, the DEVELOPER agrees to submit an updated traffic study to provide data regarding internal trip generation volumes in order to verify design improvements required for internal roadways and turn lanes into the SUBJECT PROPERTY. Unless warranted by the updated traffic study, the DEVELOPER shall not be required to provide any improvements in excess of those specified by Ex mm F3 and described below: A. Proposed Wheeler Road - DEVELOPER agrees to dedicate 80' of right -of -way in accordance with collector roadway standards. DEVELOPER agrees to construct this roadway in accordance with collector roadway standards as identified in Exhibit F3.. This improvement will be constructed in two phases. The first phase, which includes construction of Wheeler Road from just east of the required bridge crossing over the N/S Creek Corridor to IL Route 47, will be constructed within twelve months of the final platting of Neighborhoods 2, 3 & 4, whichever occurs first. The second phase, which includes the bridge crossing over the N/S Creek Corridor to the SUBJECT PROPERTY's western boundary at Immanuel Road, shall be constructed within twelve months of the final platting of Neighborhood 1 or the commencement of construction of the planned Fire Station, whichever occurs first. Subject to necessary warrants being met, DEVELOPER agrees to install a traffic signal at the Wheeler Road/IL Route 47 intersection prior to occupancy of either the school or commercial 19 property located at this intersection. Fifty percent of the costs of this improvement will be recaptureable against offsite properties located at this intersection. B. Walker Road - DEVELOPER agrees to dedicate 60' of % right -of -way in accordance with Kendall County Highway Department's standards. All improvements to Walker Road as specified in Exhibit F5 are estimated at a total cost of $932,181. These improvements will be credited against the CITY's total County Road Impact Fee of $2,320,302 ($1,626 x 1,437 units) as shown in Exhibit H In no instance shall the combined contributions for Walker Road improvements constructed by the DEVELOPER and the remaining County Road Impact Fees paid by the SUBJECT PROPERTY exceed $2,320,302. Road improvements for this roadway will be completed within twelve (12) months of the commencement of improvements for the Walker Road commercial parcel or within twelve (12) months of the approval of a final plat of subdivision for any residential unit that contains a connection to Walker Road. C. Caton Farm Road — The SUBJECT PROPERTY is located entirely north of the existing Caton Farm Road (the existing roadway is NOT located on land controlled by the DEVELOPER). The DEVELOPER agrees to dedicate any land that they own which is located within fifty (50) feet of the existing centerline of this roadway. However, since the existing roadway is located entirely offsite, the DEVELOPER will not have any required responsibility for the construction of future improvements to this roadway. At the time of final plat review for the commercial site adjacent to Caton Farm Road or Neighborhood 11, the DEVELOPER agrees to submit a traffic study for Caton Farm Road to the CITY for review and approval in order to determine the improvements that will be required for this roadway. The DEVELOPER agrees to pay their pro -rate share (50% based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Said payment shall be due to the CITY within 90 days of the issuance of the certified costs for said improvement that were completed by the CITY or an adjacent developer /property owner. The DEVELOPER shall not be allowed to gain any access to Caton Farm Road from the planned commercial site or be allowed to obtain residential building permits for NH 11 until this improvement has been completed. 20 I In the . event that the DEVELOPER elects to move forward with this roadway improvement on its own initiative, the DEVELOPER would have the right to recapture the cost of said improvements from benefiting property owners based on linear frontage. DEVELOPER will also be required to pay their pro -rata share (1/4) of the traffic signal to be located at the intersection of IL Route 47 and Caton Farm Road (to be constructed by others). Payment will be based upon certified costs at the time of construction or based on an engineer's estimate of costs plus inflation (not to exceed 6% annum) if improvements have not been constructed within 3 years of approval of the final plat for the adjacent commercial parcel or Neighborhood 11, whichever occurs first. D. Immanuel Road - DEVELOPER agrees to dedicate a 40' 'h right -of -way. At the time of final plat review for NH 1 the DEVELOPER agrees to submit a traffic study for Immanuel Road to the CITY for review and approval to determine the improvements that will be required for this roadway. This improvement shall be across the SUBJECT PROPERTY's frontage and will be eligible for recapture from benefiting properties based on linear frontage. The DEVELOPER will be responsible for their pro -rata share (based on linear frontage) of improvements that are attributable to development occurring on the SUBJECT PROPERTY. Any recapture due from other properties shall be paid at the time of final plat approval for said property. This improvement shall be completed within twelve (12) months of the final plat approval for NH 1 or commencement of construction of the fire station, whichever occurs first. E. IL Route 47 - DEVELOPER agrees to dedicate right -of -way in accordance with arterial roadway standards (60'one -half ROW where available (e.g. this standard cannot be provided where the ROW is adjacent to existing ComEd easement)), unless otherwise required by IDOT. In the event that MOT requires a '/2 ROW dedication in excess of 60', the CITY agrees to reduce its IL Route 47 landscape buffer area by the amount of the excess dedication (i.e. the buffer area would be reduced by 1' for each 1' of excess ROW required over 60'). DEVELOPER agrees, at their own expense, to construct turn lane improvements required to serve the SUBJECT PROPERTY in three phases. The first phase, which shall include the intersection of Wheeler Road and IL Route 47, shall be completed within 18 months of the first final plat of subdivision for the SUBJECT PROPERTY. The second phase, which shall include the intersection of Walker Road and IL Route 47, shall be completed within 18 months of the 21 i final platting of NHs 6, 7 or within 18 months of commencement of construction of improvements for the adjacent commercial site, whichever occurs first. The third phase, which shall include the remaining three intersections located south of Walker Road up to and including Caton Farm Road will be completed within 18 months of the final platting of NHs 8, 9, 11 or within 18 months of commencement of construction of improvements for the Caton Farm /Route 47 commercial site or the Walker Road/Route 47 commercial site, whichever occurs first. The j scope of work and timeframes for improvements identified above shall be subject to any required IDOT permits /approval. These improvements may be eligible for recapture from benefiting properties based on linear frontage dependant upon the level of improvements that ,are required by IDOT. Any recapture due from other benefiting properties shall be paid at the time of final plat approval for said property F. Dedication of Right- of -Wav - Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the DEVELOPER and /or OWNER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois, Kendall County, or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to DEVELOPER by the CITY. G. Road Contribution Fund — In exchange for the DEVELOPER's agreement to undertake roadway improvements in excess of those that would otherwise be required for this development (as provided in Exhibit F4), the CITY agrees to provide the DEVELOPER with a full waiver of the Road Contribution Fund for the SUBJECT PROPERTY in an amount equal to $2,854,000. 9. SECURITY INSTRUMENTS. A. Postine Securitv. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit 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 prior to construction of said improvements or as otherwise required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled 22 Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments l 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 at least equal to one hundred ten percent (110 %) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2006 -19, the OWNERS and DEVELOPER shall be required to post irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one -year maintenance bond after acceptance by the CITY of said public improvements. B. Acceptance of Under--r -ound Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and 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 Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and if public improvements are in compliance with City Ordinance requirements upon review of City staff, shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as built plans and all punch list items. Public improvements may be accepted when 70% of the units within the phase of development have been constructed provided the improvements are in conformance with the ordinances of the CITY. 23 The CITY agrees to take on the responsibility of snowplowing for an individual street upon the issuance of the first occupancy permit. The CITY will plow the subject street and a route to provide ingress /egress out of the subdivision to a main external roadway. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and 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. 10. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite utilities, homeowners association open space areas) in each Phase of Development; and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and 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 Subdivision Control Ordinance. 11. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use 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 PROPERTY and its development for a period of five (5) years from the date of the approval of the first final plat of subdivision or the time that utilities are adjacent to the site and available for connection to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the date of 24 this Agreement, provided, however, that the application of an such ordinance, �' , p , pp y o durance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance modifications and /or variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non - conforming under any ordinance of the CITY. 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 PROPERTY i pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY 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 PROPERTY shall be given full force and effect. 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 PROPERTY, 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 within 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 PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 12. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of this Agreement are as set forth in Exhibit G. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of the approval of the first final plat of subdivision or the time that utilities are adjacent to the site and available for connection to this development, whichever is later. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the 25 development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of the said five (5) year period. If, during � the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within 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 PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life /safety considerations and all non- ; local amendments to the International Building Code that are adopted by the CITY after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the sixth (6 month following the effective date of such amendments, deletion, or addition, whether during the five (5) year term referenced above , or any time thereafter. 13. FEES AND CHARGES. During the first five (5) years following the date of the approval of the first final plat of subdivision or the time that utilities are available to this development, whichever is later, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this Agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any 26 changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 14. WATER TREATMENT AND PUBLIC WORKS CONTRIBUTION. The DEVELOPER has agreed to donate 2.5 acres (with approximate dimensions of 400'x 275') in the SUBJECT PROPERTY for use as a City Public Works Facility which will include the water treatment facility (in addition to the two 1 /2 acre shallow well sites that are contemplated in Section 7 of this Agreement). The Developer and City will negotiate in good faith the location of this•site during the Preliminary Plan review stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. The CITY will accept this dedication within 60 days of receipt of this documentation. In exchange for this dedication, the CITY agrees that the SUBJECT PROPERTY will not be required to contribute funds as part of any future utility recapture towards the purchase of land by the CITY as the CITY has established a policy that requires the donation of said property by developers to the CITY for public benefit. 15. SCHOOL DONATIONS. Pursuant to the CITY'S School Land /Cash Ordinance applicable to the SUBJECT PROPERTY the DEVELOPER shall be obligated to dedicate 41 acres of land to the CITY on behalf of the Yorkville Community Unit District #115 ( "School District ")to be used as a future high school site. In full satisfaction of the DEVELOPER'S obligation under the CITY'S current School Land /Cash Ordinance, DEVELOPER shall dedicate said 41 acres of land, depicted as the School Site on the attached School Site Exhibit, Marked Exhibit "I1" upon approval of the first final plat on the SUBJECT PROPERTY and after the site has been graded by DEVELOPER. Prior to conveyance, the DEVELOPER shall provide the School District title insurance demonstrating clear title to the 41 acre School Site. In addition to the 41 acre parcel to be dedicated at no charge to the CITY or School District, the DEVELOPER shall also designate an additional 25.8 acre parcel of land to allow for the School District's future expansion of the 41 acre school site ( "Expansion Parcel "). The Expansion Parcel shall be located adjacent to and north of the 41 acre school site, as depicted in Exhibit I1. The Expansion Parcel shall be held by the DEVELOPER for a term not to exceed six years from the date of this Agreement to allow the School District a reasonable opportunity to acquire said Expansion Parcel. 27 In the event the School District elects to purchase this Expansion Parcel within the established six year term as set forth in the preceding paragraph, the DEVELOPER agrees to sell the Expansion Parcel to the district at a cost of $57,500.00 per acre, for a total cost of $1,483,500.00. It is expressly understood between the Parties hereto that the Expansion Parcel is to be sold and conveyed in its entirety, and that no rights are created herein granting the School District the ability to purchase only a portion of the Expansion Parcel. Prior to the conveyance of the Expansion Parcel the DEVELOPER shall provide the School District title insurance demonstrating clear title to the Expansion Parcel. The Expansion Parcel must be utilized by the School District for School purposes. If the School District determines that it does not need the Expansion Parcel for School purposes, the DEVELOPER has the right, but not the obligation, to repurchase the Expansion Parcel at $57,5000 per acre. In the event that the School District does not elect to purchase the Expansion Parcel within the six year term provided for herein, the DEVELOPER shall be allowed to proceed with development of that parcel in accordance with the land uses identified on the School Site Alternative plan attached as Exhibit I1. This dedication and reservation of an Expansion Parcel has been supported by the Yorkville Community Unit District #115 as documented in a Letter of Understanding which is attached as Exhibit I2. 16. PARK DONATIONS. The total land area required for contribution is 40.07 acres. All Parties understand and agree that the DEVELOPER is satisfying CITY ordinance requirements for Park Land /Cash Contribution Fees through the donation of 28.8 acres of park land as depicted in Exhibit C1. To satisfy the remaining requirement of donating 11.27 acres, DEVELOPER shall pay cash -in -lieu of this required donation in the amount of $1,138,270 (11.27 acres x $101,000 per acre) (hereinafter referred to as "Cash -In- Lieu "). The Cash -In -Lieu contribution, or an equivalent combination of cash -in -lieu and grant funding, will be used by the CITY towards the construction of recreational amenities within or adjacent to the SUBJECT PROPERTY The CITY may designate a maximum of 25% of cash in lieu contributions (unless otherwise agreed to by both Parties), towards recreational amenities that benefit the residents of the SUBJECT PROPERTY but are not located within or adjacent to the SUBJECT PROPERTY. 28 The dedication and acceptance of parks by the CITY shall be made no later than sixty (60) days after the property has been machine graded by DEVELOPER per approved engineering plans and field verified with an as -built plan to 2 /10ths of a foot with positive drainage, unless otherwise agreed to by both Parties. Construction of adjacent infrastructure shall not be a condition of acceptance by the CITY as long as the DEVELOPER has posted a letter of credit or bond for the adjacent improvements and the DEVELOPER has provided construction access to the park site. At the time of conveyance, DEVELOPER shall provide the i CITY with a copy of the as-built plan (depicting grading) along with a current title commitment issued in the amount of the acreage conveyed times the sum of $101,000 per acre. The title commitment shall reflect the recordation of the final plat of subdivision for that unit. DEVELOPER shall reserve any rights or easements required by any governmental authority or reasonably necessary for the development of the SUBJECT PROPERTY. Such reservations of easement shall not interfere with the CITY's plans for the use of the park. The CITY agrees to accept responsibility for all fine grading and seeding of all parks once the site is accepted by the CITY. The CITY agrees to fine grade and seed each park during the next available growing season as long as the DEVELOPER has provided the CITY with a means of construction access to the Park (which at a minimum shall consist of an aggregate road for use by construction vehicles to be designed as agreed upon by both parties), unless otherwise agreed to by both Parties. In exchange for the CITY's willingness to take on this responsibility, DEVELOPER, at the direction of the CITY, will either pay the CITY the flat rate of $2,900 per acre at the time the site is deeded to cover the costs of fine grading and seeding or will pay the bid price for said improvements as provided by a mutually accepted contractor as agreed by both Parties. Said payment shall be due 45 days following the CITY's acceptance of the bid or at the time the park site is deeded to the CITY, whichever occurs later. DEVELOPER will have no further responsibility for these improvements. However, if DEVELOPER disturbs any graded or seeded Park during the construction of general subdivision improvements, DEVELOPER will have full responsibility for restoration in accordance with the CITY's specifications. For all parks, the CITY agrees to provide a conceptual development plan to the DEVELOPER within sixty (60) days of receipt of. final engineering drawings for an individual park from DEVELOPER. Concept plans will be created using the criteria established in Exhibit 29 i J1. These exhibits are intended to reflect the Park Department's ultimate development plans for i the park sites and are subject to the approval of the Park Board. It is recognized by both Parties � I that park sites on the SUBJECT PROPERTY will be developed in phases. Initial park improvements, as identified in Exhibit J1, are to be funded with the DEVELOPER's cash -in -lieu payments with a minimum designation of $200,000 of the required cash donation per park site. Initial park improvements will include, at a minimum, playground equipment, internal park paths and a shelter at each park site. Subsequent phases, also identified in Exhibit J1, are to be funded with remaining Cash -in -Lieu contributions, grant funding, or other revenue sources. The CITY shall not spend developer's contributions for initial phases in excess of $450,000 for Park Site #1, $350,000 for Park Site #2 and $300,000 for Park Site . #3. Modifications to the DEVELOPER's contribution as identified above shall require the written approval of both Parties to this Agreement. Said approval shall not be unreasonably withheld by either Party and shall be based upon the overall improvement plans that remain for all parks on the SUBJECT PROPERTY and the remaining funds available to complete said improvements. At the time of construction of an individual park by the CITY, the DEVELOPER and the CITY will agree to a payment schedule whereby the DEVELOPER will pay to the CITY a portion of the required cash -in -lieu contribution for park improvements as determined by the accepted contractor's bid received by the CITY and in accordance with their construction contract. DEVELOPER's payments will be phased in accordance with the anticipated construction schedule with 50% of the required DEVELOPER's contribution due prior to commencement of construction, a second payment of 40% of DEVELOPER's contribution is due upon completion of 40% of park construction, and final payment of 10% of DEVELOPER's contribution is due upon completion of the contracted improvements, unless otherwise agreed to by both Parties. The CITY shall make all reasonable efforts to commence construction within 15 days of receipt of the DEVELOPER's initial payment. The CITY agrees to complete Phase 1 improvements to each park site within 18 months of final engineering plan submittal for that park site or 12 months after mass grading, whichever occurs sooner, unless otherwise agreed to by both Parties. At the request of the CITY, the DEVELOPER will agree to provide assistance with the construction bidding process for each park site. 30 I The CITY shall agree to accept trail corridors provided trails comply with the CITY's trail specifications and the trails are located outside of the floodplain. In the event trail corridors comply with these provisions, the DEVELOPER shall receive credit towards its required cash- in-lieu contribution for said land dedications and improvements, subject to Park Board approval. The CITY shall make all reasonable efforts to obtain matching grant funding to cover /offset the costs of trail construction. The Parties agree that in addition to accepting the individual parks and trail corridors as described above, the CITY may accept additional land located with in the Aux Sable Creek Corridor or land depicted as open space on the Concept PUD Plan. This land dedication will not result in any credit towards the outstanding park land dedication requirements. This land may be used by the CITY to secure recreational /open space grant funds. DEVELOPER agrees to work with the CITY to provide documentation necessary to demonstrate the usefulness of said lands for grant purposes. By mutual consent, both Parties will agree to explore opportunities for public /private partnerships related to use of the clubhouse and /or aquatic center. It is agreed that completion and fulfillment of all the conditions described in this Agreement shall satisfy the requirements of the CITY's park donation ordinance as it relates to the subdivision. Nothing in this Agreement shall preclude the CITY from sub - contracting or performing some of the work themselves, or providing additional improvements at a later date. Each Park, Trail and /or open space corridor once developed and dedicated to the CITY, shall be maintained by the CITY in accordance with its regular maintenance program for other park sites. This donation has been supported by the United City of Yorkville Park Board as documented in a Letter of Understanding which is attached as Exhibit J2. 17. FIRE STATION. The DEVELOPER has agreed to donate 3.5 acres in the SUBJECT PROPERTY for use as a fire station. This fire station will not include a fire tower training facility on its premise. The DEVELOPER shall provide the CITY title insurance demonstrating clear title of said acreage. Additionally, the DEVELOPER will work with the Fire District to provide off -site stormwater management for the fire station. 18. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY 31 (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Yorkville South. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and DEVELOPER. Off- street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off - street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off - street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off - street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home /sales trailer capable of parking three (3) cars outside of the adjacent road right -of -way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each Neighborhood Unit (a neighborhood unit is defined as Neighborhoods 1 -11 in their entirety as illustrated on the concept plan, Exhibit Cl), shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and proof to the CITY that either the OWNERS and DEVELOPER have demonstrated to the Fire Protection District that fire hydrants within 300 feet of the dwelling unit are operational or the OWNERS and DEVELOPER have established a hold harmless agreement with the City and Fire Protection District in the absence of operational fire hydrants.) A final inspection shall be conducted prior to the use of a model home and water shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Notwithstanding any CITY ordinances to the contrary, for as long as a model area is used for selling dwelling units, the DEVELOPER shall have the right to erect fencing on a 32 temporary basis that entirely encloses the model area and directs model area traffic. It is understood that fences provided for herein shall be subject to the approval of the CITY's Zoning Administrator and that no fences shall be placed upon the public right -of -way. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall also have the right to operate a sales office out of the Clubhouse within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities ") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each Neighborhood Unit as the Final Plat and Final Engineering plans are approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 19. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good 33 working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right -of -way. 20. MASS GRADING AND PREPARATION OF PROPERTY FOR DEVELOPMENT. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake: mass grading work, stormwater detention, filling and soil i stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. Mass QradinR permits shall be issued in accordance with the Citv's Erosion and Sediment Control Ordinance (Ord. 2003 -19). 21. BUILDING AND OCCUPANCY PERMITS. City agrees to issue building permits within fourteen (14) days and occupancy permits within seven (7) days for homes within the subdivision upon proper application to the CITY. When "Master Approvals" (as referenced in Section 22 of this Agreement) are in place, the City agrees to issue building permits within seven (7) days. In the event that certain improvements, such as final grading, landscaping, sidewalks or driveways, cannot be completed due to weather conditions, CITY agrees to issue temporary occupancy permits in compliance with established procedures in order to allow the DEVELOPER the ability to complete any such improvements. No occupancy permits may be issued until the asphalt base is installed on the street serving the homes requiring said permits. Except as provided in Section 18 of this Agreement, building and occupancy permits shall not be issued by the CITY prior to proof being submitted to the CITY that the OWNERS and DEVELOPER have demonstrated to the Fire Protection District fire hydrants within 300 feet of the structure are operational. 22. MASTER APPROVAL OF BUILDING PLANS. At such time as the CITY has approved building plans for any model of a dwelling unit (including extras or options), the same shall constitute a "master approval" of the plans for such model. Thereafter, subsequent building permit applications for any model which conforms to the plans for which a master approval has been made shall include documentation customarily required for building permit applications but shall not be required to include additional copies of building plans. Each builder 34 shall provide the CITY with sufficient copies of plans for which master approval has been given, for use in the field as dwelling units are constructed. Nothing contained herein shall relieve builder from the obligations to pay permit fees for each dwelling unit for which a building permit is sought. 23. RECAPTUREABLE IMPROVEMENTS. In the event public improvements are installed that provide service to property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 28 hereof, with OWNERS and DEVELOPER recovering the payment of the recaptureable cost of said improvements by the owners of properties benefited by the same. The improvements which qualify and the identity of the benefited properties which are not already identified in this Agreement shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include all of, a part of, or more than one Neighborhood Unit. 24. DEVELOPMENT MARKETING SIGNAGE. DEVELOPER may install and maintain 1) one (1) illuminated double -faced ten (10') foot by twenty (20') foot temporary marketing sign not greater than fifteen (15') in height at each neighborhood entrance and on planned commercial nodes; 2) one temporary marketing sign, double faced ten (10') foot by twelve (12'), at each model row entrance road or the parking entrance to the temporary sales trailer; 3) one (1) onsite model home sign not greater than 20 square feet per sign in area at each model home in subdivision, 4) informational and directional signage throughout the subdivision of a reasonable size and configuration, conforming to the CITY'S Sign Code, 5) six (6) onsite marketing flags at each model home entrance row with a maximum height of 25' per pole, and 6) eleven permanent entry monument signs as illustrated in EXMBIT K and permitted in conformance with the CITY's Sign Ordinance or as otherwise approved by the Building and Zoning Officer upon request of DEVELOPER. The locations of the above described signage shall be in compliance with the City's sign code which requires: all signs abut a street, be located at least 5 feet from a property line, maintain a 25 sight clearance triangle where streets intersect and not be located within any easements. All such signs for each neighborhood shall be maintainable for a period of ten (10) years or shall be removed by the DEVELOPER at the conclusion of DEVELOPER'S sales and marketing program for the Property, whichever occurs first. All other signage installed and maintained on the Property shall comply with the CITY'S 35 Sign Code. 25. OFFSITE PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an " Offsite j Sign" and collectively the " Offsite Signs ") subject to sign permit review and issuance by the CITY. Said signage shall not exceed 8'x16' in size and shall: abut a street, be located at least 5' from a property line, maintain a 25' sight clearance triangle where streets intersect and shall not be located within an easement. Offsite Signs will not be located on public right -of -way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. 26. ENTRY FEATURES, LANDSCAPE BUFFERS AND IRRIGATION WELL. City agrees to allow DEVELOPER to construct entry features at the entrances to the SUBJECT PROPERTY and landscape buffers as shown in landscape plans to be prepared at the time of final platting. Said entry features shall be subject to the review and approval of City staff. Permanent entry features containing signs identifying the name of the subdivision or individual neighborhood names shall be permitted, subject to CITY Ordinances and as as agreed upon by City staff. DEVELOPER will be required to obtain building permits for all monument signs. The DEVELOPER has the right to drill wells for the purpose of irrigating landscape features within the SUBJECT PROPERTY with proper permitting by the Kendall County Health Department. Said well shall not be within 1000 feet of an existing private or public well. In the event that operation of this irrigation well negatively impacts water levels in existing wells in the area, the DEVELOPER agrees to cease operation of the irrigation well until an impact analysis has been completed and mitigation techniques have been established and approved by the City Engineer. 27. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2005) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public 36 purposes, except as otherwise provided in this Agreement or identified on the Concept PUD Plan. i 28. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9 -5 -1 et.seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ( "Benefited Properties ") not located within the SUBJECT PROPERTY which will connect to and /or utilize said public improvements. The CITY agrees to allow DEVELOPER to collect interest on any recapture fees to the DEVELOPER at six percent (6% annum) to the certified costs from the date the infrastructure improvements are accepted. With this exception, each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit L. CITY and DEVELOPER agree to amend said recapture with actual certified costs as the improvements are completed and approved by the CITY. Any recapture ordinance shall be valid for the term of the AGREEMENT. B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 29. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to 37 fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the single - family, townhome, apartment neighborhoods and commercial areas are attached hereto and described in Exhibit M and comply with the City's current appearance code. Further, OWNERS and DEVELOPER agree to follow the anti - monotony policy of the CITY regarding the exterior elevations of the buildings. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Paragraph 30 of this Agreement. 30. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Establishment. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ( "Association ") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and fund the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance easement shall be established over all of the Common Facilities located on the Final Plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including landscaping and special features located within public right -of -way and stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. B. Business Service District Association. A separate association may be established for the commercial parcels. 38 C. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY ! enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 31. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD Plan, the CITY shall fully cooperate with OWNERS and ,DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Concept PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the DEVELOPER as set forth in Exhibit F, the CITY agrees to be the lead agency in the relocation of those utilities. The DEVELOPER may bury any existing overhead utility lines along any existing perimeter roadway and be solely responsible for all associated costs. Upon OWNER and DEVELOPER's request, the CITY shall make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. The DEVELOPER shall pay the cost of relocating any existing utility, unless otherwise agreed upon. 39 Al i - ill 32. RIGHT TO FARM. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit N on each Final Plat of Subdivision. 33. INTERIM USES. Interim uses as set forth below shall be permitted anywhere on the SUBJECT PROPERTY, with the exception of property to be owned by the CITY, during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits (per field design) 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials (per approved grading plan). Gravel mining is prohibited; however said materials may be used within the development. 5. Temporary detention (per approved grading plan). 6. Construction storage and office trailers. 7. Mass grading (per approved grading plan). 8. Nursery. 34. COMMERCIAL TAX INCENTIVE. DEVELOPER is proposing 78.5 acres of commercial development on the SUBJECT PROPERTY including a major regional commercial center at the intersection of Route 47 and Caton Farm Road. In recognition of the benefit to the CITY through the creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place into a separate account for the benefit of the DEVELOPER up to fifty percent (50 %) of the CITY'S one percent (1 %) portion of the State Retailer's Occupation Tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of commercial retail development within the SUBJECT PROPERTY and will continue for a period of twenty (20) years or until DEVELOPER has been rebated one hundred (100 %) of the public infrastructure improvements as detailed in Exhibit O which were attributable to the development of the commercial properties including but not limited to design, engineering, as well as six percent (6 %) interest annually. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the DEVELOPER as to its portion of the sales tax 40 rebate. Upon written assignments by the DEVELOPER such assignees shall have all rights currently vested in DEVELOPER under the sales tax rebate and applicable law, and shall be entitled to enforce such rights through any equitable or legal action. If any portion of the commercial lots on the SUBJECT PROPERTY are sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for their expenses unless specifically assigned by DEVELOPER. DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the DEVELOPER 's sole discretion. Furthermore, at the CITY's sole discretion, the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one - hundred percent (100 %) of such funds shall be paid by the CITY to the DEVELOPER to help offset the DEVELOPER's extraordinary expenses incurred. As an incentive for the CITY to petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of DEVELOPER PER ass specified in the preceding p p g paragraph, and the CITY does so secure said rebate in an amount not less than one percent (1 %) for a period of twenty (20) years, or until the DEVELOPER has been rebated one hundred percent (100 %) of all expenditures incurred, then DEVELOPER agrees to reduce the amount of the sales tax rebate between the CITY and DEVELOPER from fifty percent (50 %) of the CITY's portion of the State Retailers Occupation Tax to twenty -five percent (25 %) of the CITY's portion of the State Retailers Occupation Tax. 35. BUSINESS DISTRICT. It is contemplated between the Parties that the City may create a Business District as described by the Business District Development and Redevelopment Act, 65 ILCS 5/11 -74.3 et seq. which would allow for the generation of additional sales tax revenue on the Commercial Parcels, at a rate of no more than an additional one percent (1 %) tax. The Owner/Developer agrees to not object to the creation of said Business District. One hundred percent (100 %) of all revenues received as a result of the aforesaid additional tax would be rebated back to the Owner(s) and Developer(s) by City as reimbursement I 41 for Owner(s) and Developer(s') share of engineering expenses and /or for improving and/or signalizing Route 47 abutting the SUBJECT PROPERTY. 36. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Yorkville South Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 37. - CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 38. GENERAL PROVISIONS. A. 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. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, 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 each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. Terms 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 42 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. D. Notices. Notices or other materials which any Party is required to, or may wish to, serve upon any other Party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on-the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS or MPI -6 South Yorkville LLC DEVELOPER: 6880 N. Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Anthony R. Pasquinelli with copies to: Moser Enterprises, Inc. 401 S. Main Street Suite 300 Naperville, IL 60540 Attn: John Zediker John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine & West, Ltd. 123 Water Street Naperville, IL 60566 -0565 (11) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553 -7575 with a copy to: John Wyeth 800 Game Farm Road Yorkville, I160560 Fax: (630) 553 -7575 or to such other persons and/or addresses as any Party may from time to time designate in a written notice to the other Parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2005 ed.). In the event any part or portion 43 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 and OWNERS 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 PROPERTY. F. 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, PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not affected by such amendment. G. Convevances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY 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. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty -year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. 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. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER's expense. 44 L. 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. M. Countemarts. 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. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase 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 the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency; Yorkville- Bristol Sanitary District, or Fox Metro Water Reclamation District or any other governmental agency that preempts the authority of the United City of Yorkville. O. 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. P. 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 PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. Q. Material Breach. In the event of a material breach of this Agreement, the Parties agree that the defaulting Party shall have thirty (30) days after notice of said breach to correct the same prior to the nonbreaching Party's seeking of any remedy provided herein; provided, however (i) any breach by OWNER reasonably determined by CITY to involve health or safety issues may be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the cure for any breach that does not involve health of safety issues cannot reasonably be achieved within thirty (30) days, the cure period shall be extended provided the breaching Party commences the cure of such breach within the original thirty (30) day period and diligently pursues such cure to completion thereafter. 45 � R. Delay In the event the performance of any covenant to be performed hereunder by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the Party responsible for such performance (which causes shall include, but not limited to, acts of God; inclement weather conditions; strikes; material shortages; lockouts; the revocation, i, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit; and any similar case, the time for such performance shall be extended by the amount of time of such delay. S. Rights to Enforce. The failure of the Parties to insist upon the strict and prompt performance of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any other Party imposed, shall not constitute or be construed as a waiver or relinquishment of any Party's right thereafter to enforce such term, covenant, agreement, or condition, but the same shall continue in full force and effect. T. Transfer of Ownership and Liability of Nancy H. Bierma as OWNER. It is expressly understood and agreed by and among the Parties hereto that under this Agreement Nancy H. Bierma, as OWNER of +/- 22 acres of the SUBJECT PROPERTY located along Caton Farm Road, shall not be required to peform under the terms of this Agreement. All obligations identified in this Agreement for this property shall not be required until after the transfer of Nancy H. Bierma's property to the DEVELOPER. Lastly, all responsibility of Nancy H. Bierma shall be extinguished simultaneously with the transfer to title to the real estate from Nancy H. Bierma to the Purchaser, MPI 46 South Yorkville LLC as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that Nancy H. Bierma shall also have no obligation to perform the obligations of the DEVELOPER, unless said owner agrees in writing to assume said obligation. However, all aspects of the Concept PUD regarding land use /zoning shall be applicable to the Bierma property,and shall run with the land, even if the property is not conveyed to MPI #6. 46 I I IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI -6 SOUTH YORKVILLE LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois municipal corporation By: MPI Manager, Inc. By: M r Title: Mayor , Attest: John'Yediker, Its esided Title: i �ity Clerk Dated: �� T Nancy H. Bierma By: Nancy H. Bierma Dated: DEVELOPERS: MPI -6 SOUTH YORKVILLE LLC an Illinois Limited Liability Company By: MPI Manager, Inc. _,x r ll ; , r Joh4Zediker, Its /resident Dated: 47 I IN WITNESS WHEREOF, the Parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI -6 SOUTH YORKVILLE LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois municipal corporation By: MPI Manager, Inc. By: I Its: Manager Title: Mayor Attest: John Zedilcer, Its President Title: City Cleric Dated: Nancy H. Bierma By: Nancy H. Bierma I Dated: DEVELOPERS: MPI -6 SOUTH YORKVILLE LLC an Illinois Limited Liability Company By: MPI Manager, Inc. Its: Manager John Zedilcer, Its President Dated: 47 LIST OF EXHIBITS Exhibit A: Legal Descriptions, revised 11/28/06 Exhibit B: Plat of Annexation, revised 1/3/07 Exhibit Cl: Concept PUD Plan (provided in B/W and Color), revised 2/14/07 Exhibit C2: Site Data Table, revised 2/13/07 Exhibit D: Transitional Area Compliance Exhibit, revised 2/14/07 Exhibit E: Permitted Modifications from Local Codes, revised 2/13/07 Exhibit Fla: Sanitary Sewer Infrastructure Improvements, dated 11/29/06 and revised 2/14/07 Exhibit Flb: Aux Sable Creek Service Area Sanitary Sewer Planning (report by Deuchler) Exhibit FIc: Benefiting Properties for Sanitary Improvements (Ultimate Service Area), dated 11/27/06 and revised February 13, 2007 Exhibit F1d: Sanitary Sewer Tributary Area for Recapture of Oversizing, dated 11/27/06 and revised 2/14/07 Exhibit F2: Benefiting Properties for Water Improvements (Ultimate Service Area), dated 11/27/06 and revised February 14, 2007 Exhibit F3: Offsite and Onsite Roadway Infrastructure Improvements, revised 02/14/07 Exhibit F4: Road Contribution Fund Overview Exhibit F5: Walker Road Improvement Cost Detail, dated 02/14/07 Exhibit G: Current City Building Codes, revised 6/15/06 Exhibit H: Fee Schedule, revised 02/14/07 Exhibit Il : School Donation Letter of Understanding, dated 12/27/06 Exhibit 12: School Site Alternative, dated 2/14/07 Exhibit Jl : Conceptual Park Planning Outline Exhibit J2: Park Board Letter of Understanding dated 2/12/06 Exhibit K: Project Signage, dated 12/18/06 Exhibit L: Sample Recapture Agreement Exhibit M: Design Standards, revised 02/13/07 Exhibit N: Right to Farm Disclosure Statement for Final Plats Exhibit O: Infrastructure Improvements for Commercial Sites 48 LEGAL DESCRIPTION — PLAT OF ANNEXATION (REVISED 11128/06) Exhibit A BURKHART Parcel One: The Southwest Quarter of the Northwest Quarter of Section 21, Township 36 North, Range 7 East, and that part of the West Half of the Southwest Quarter of said Section 21 lying Northerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter; thence Northerly along the West line of said Southwest Quarter 1833.86 feet to the centerline of the Middle Aux Sable Creek for a point of beginning; thence Easterly along said centerline, which forms an angle of 79 degrees 50 minutes 01 seconds with last described course measured counterclockwise therefrom, 11.01 feet; thence Southerly along said centerline, which forms an angle of 104 degrees 08 minutes 57 seconds with last described course measured counterclockwise therefrom, 35.97 feet; thence Southeasterly along said centerline, which forms an angle of 228 degrees 41 minutes 42 seconds with the last described course measured counterclockwise therefrom 18.75 feet; thence Southeasterly along said centerline, which forms an angle of 202 degrees 39 minutes 28 seconds with last described course measured counterclockwise therefrom, 99.14; that Southeasterly along said centerline, which forms an angle of 207 degrees 03 minutes 44 seconds with last described course measured counterclockwise therefrom, 43.83 feet; thence Southeasterly along said centerline, which forms an angle of 153 degrees 00 minutes 12 seconds with last described course measured counterclockwise therefrom, 76.00 feet; thence Easterly along said centerline, which forms an angle of 194 degrees 58 minutes 32 seconds with last described course measured counterclockwise therefrom, 88.44 feet; thence Southeasterly along said centerline, which forms an angle of 168 degrees 12 minutes 19 seconds with last described course measured counterclockwise therefrom 344.53 feet; thence Southeasterly along said centerline, which forms an angle of 176 degrees 02 minutes 31 seconds with last described course measured counterclockwise therefrom 153.01 feet; thence Southeasterly along said centerline, which forms an angle of 174 degrees 43 minutes 39 seconds with last described course measured counterclockwise therefrom 552.04 feet to the East line of said West Half for the terminus of said line in Kendall Township, Kendall County, Illinois. Parcel Two: The Southeast Quarter of the Southwest Quarter of Section 16, and the North Half of the Northwest Quarter and the Southeast Quarter of the Northwest Quarter of Section 21, in Township 36 North, Range 7 East of the Third Principal Meridian, (excepting therefrom that part conveyed to the people of the State of Illinois, Department of Transportation by Warranty Deed recorded May 8, 1990 as Document 902889), in the Township of Kendall, Kendall County, Illinois. ALSO: That part of the South Half of the South Half of Section 16, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Illinois Route 47, in Kendall County, Illinois. ALSO: That part of the North Half of Section 21, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Illinois Route 47, "in Kendall County, Illinois. TUTTLE Parcel One: The North 70 acres of the West Half of the Northeast Quarter of Section 20 Township 36 North, Range 7 East of the Third Principal Meridian (except a) that part thereof described as follows: Commencing at the Northwest corner of said Northeast Quarter; thence South along the West line of said Northeast Quarter, 250.0 feet for a point of beginning; thence South along said West line 275.0 feet; thence East at right angles to said West line, 554.40 feet, thence North at right angles to the last described course, 275.0 feet; thence West at right angles to the last described course, 554.40 feet to the point of beginning, and also.b) that part described as follows: Beginning at the Northwest corner of* said Northeast Quarter; thence South along the West line of said Northeast Quarter, 250.0 feet; thence East at right angles to said West line, 554.40 feet; thence North at right angles to the last described course, 251.71 feet to the North line of said Northeast Quarter; thence West along said North line, 554.40 feet to the point of beginning) in Kendall Township, Kendall County, Illinois. Parcel Two: The West Half of the Northeast Quarter of Section 20, Township 36 North, Range 7, East of the Third Principal Meridian, (except the North 70 acres of said West Half, also except the South 20 rods of said West Half) in Kendall Township, Kendall County, Illinois. o r F Parcel Three: The East Half of the Northeast Quarter of Section 20, in Township 36 North, Range 7, East of the Third Principal Meridian, in the Township of Kendall, Kendall County, Illinois. Parcel Four: That part of the West Half of the Southwest Quarter of Section 21, Township 36 North, Range 7 East, lying Southerly of the following described line: Commencing at the Southwest corner of said Southwest Quarter; thence Northerly along the West line of said Southwest Quarter 1833.86 feet to the centerline of the Middle Aux Sable Creek for a point of beginning; thence Easterly along said centerline, which forms an angle of 79 degrees 50 minutes 01 seconds with last described course measured counterclockwise therefrom, 11.01 feet; thence Southerly along said centerline, which forms an angle of 104 degrees 08 minutes 57 seconds with last described course measured counterclockwise therefrom, 35.97 feet; thence Southeasterly along said centerline, which forms an angle of 228 degrees 41 minutes 42 seconds with last described course measured counterclockwise therefrom 18.75 feet; thence Southeasterly along said centerline, which forms an angle of 202 degrees 39 minutes 28 seconds with last described course measured counterclockwise therefrom, 99.14; thence Southeasterly along said centerline, which forms an angle of 207 degrees 03 minutes 44 seconds with last described course measured counterclockwise therefrom, 43.83 feet; thence Southeasterly along said centerline; which forms an angle of 153 degrees 00 minutes 12 seconds with last described course measured counterclockwise therefrom, 76.00 feet; thence Easterly along said centerline, which forms an angle of 194 degrees 58 minutes 32 seconds with last described course measured counterclockwise therefrom, 88.44 feet; thence Southeasterly along said centerline, which forms an angle of 168 degrees 12 minutes 19 seconds with last described course measured counterclockwise therefrom 344.53 feet; thence Southeasterly along said centerline, which forms an angle of 176 degrees 02 minutes 31 seconds with last described course measured counterclockwise therefrom 153.01 - feet; thence Southeasterly along said centerline, which forms an angle of 174 degrees 43 minutes 39 seconds -with last described course measured counterclockwise therefrom 552.04 feet to the East line of said West Half for the terminus of said line (excepting therefrom the Southerly 379.60 feet of the Westerly 573.77 feet, as measured along the West and South lines thereof) in Kendall Township, Kendall County, Illinois. ALSO: That part of the Northwest Quarter of Section 20, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Immanuel Road, lying South of the South line of the North 525.00 feet and North of the North line of the South 20 rods of said Section 20, in Kendall County, Illinois. BIERMA That part of the Northwest Quarter, the South Half of the Southwest Quarter, and the North Half of the Southwest Quarter all in Section 28, Township 36 North, Range 7 East of the Third Principal Meridian, lying West of the West line of Fox and Illinois Union Railway Company right -of -way per Deed recorded February 28, 1912 in Book 66, Page 285, in Kendall County, Illinois. ALSO: That part of the Northwest Quarter of Section 33, Township 36 North, Range 7 East of the Third Principal Meridian, lying West of the West line of the Fox and Illinois Union Railway Company right -of -way per Deed recorded February 28, 1912 in Book 66, Page 285, taken or in use for Caton Farm Road, in Kendall County, Illinois. ALSO: That part of the East Half of the Southwest Quarter of Section 21, Township 36 North, Range 7 East of the Third Principal Meridian, lying West of the West line of the Fox and Illinois Union Railway Company right -of -way per Deed recorded February 28, 1912 in Book 66, Page 285, taken or in use for Walker Road, in Kendall County, Illinois. ALSO: That part of the West 573.77 feet of the West Half of the Southwest Quarter of Section 21, Township 36 North, Range 7 East of the Third Principal Meridian, taken or in use for Walker Road, in Kendall County, Illinois. 265 -218 Legal Annexation /1-4 .............. ... . .............. .......... .......... ......... J. dwo. V212007 ID AM, laver. i:?-IB199 PLAT OF ANNEXA rION TO LEGA L G THE UNITED CITY OF YORKVILLE SUPIKIIART IE'SCIRIFTION =11111 M& W A EM Can= TO IRA= L OF Island ona: TO I SwIlons 10. 17.20. Zt. 28 ArA M all In TimniLlslji 36 classic. mope 7 En-A or Itio Meisel filodifials. 1. Randall County. Mructs. P be The Soullmnist Owner of Via NodiceneaL Ocresdar or c"clion 21. Tor-311din 36 North. filings I East. and Unit part of the West Hall of Use Scruffmast Oundercif salil Section 2 1 IyIng Northerly of the Ingusidrig druseiblid line: Commencing at The Soullmord cxmircrof said Socallovest Quarter thenes Nallessly alona bid Wirst licit of sold 11-2-1 waxism rinwr a 5=11�st Oundw 18n.90 lout to the wntorli iff ft )LUddhe Amr Bails Crack 1w a point of bocilmaing; Uses- EaMarly cilang said emilsiffrus. %lifeli forms an angle of 76 degrees 50 rarrichis 01 seconds Wigs last damagred caumlimeng ad flimalmar 1111,11i feet fliesswe Smallinty along old continues. an "B1001104"s M03 all 1111sculcus, ST sercanclaWlti last slossolhodecourne measured smischureloelniMo ficesolose. sin-nds isMi'm 0 lot driscallied casus" measured counlemlodastics flumstrem WE feel: flionere Soullivacrunly along UM sanlmgno, which forms PM mcgic, or 202 dermas 39 Frioulms 213 secands Wei last dissalbird sainto imstiod eaunteichickwiso Variations, 90.14; that sold eardorilms, Mitch losses an ongla of 07 degrees 03 minutes 44 screcMdo wills last dussaillod c:crurnu measured emallarelockwign Visionless 43.83 fdat southeastady alone saki mummillit, which forms an trials at tS3 degrees 00 minutes 12 russuirels, Win test oa sca=ms tat L" lannesimangla of 1114degrismiS11 richrulas 32 scientists Wlh lauddirsiallicidessurou macurmad cournlarelMes Menem LAMM thosefirems. 66.44 loettlienso Smillmassinif almill =ill cumtorlina. winch lummon ringla of leadefirm 12 -- alrAnn44anAatOt [as lVannds wilin[ad doicialbod seems mensurrad sancestardeelexiscittenclems 344.M —01, -IC s" izi lboossimly along sold senlarrims, Whir reams an single of 176 dogmas 02 mhuto3 31 seconds wells lad P.M.. A� UK de courlia measured counteebacOnclica Violations 15101 foutfluaren; SmAlussuilmlyrilong mad simeracce, %,=,nonr w 174 degrees 43 mfnulm3g crazands ME)i last diriscrihadcoursameasurod scrimberictDclevist thonsircurn 5=4 Feat to Ova Blurt art ofsald Wad Half forgre himilmas of sculd fine In Heading Tmusi Kruldiall County. lilimils. Parsoll T*= — )MM — EITT F ROAD ISQ51d av q,ol mam-mwa 'Th. Socalumnil Quarter .1 Ilia southwest Ousular cri Stearns l 0, and Via Nuitta IWI at the Nceftest Quarter and MALE. 1 - -500' the Southeast Graider at gin NaMnicest Clumbir of Socilair 2 In Tinciancifilp 36 NOW. Range 7 East of the TIM PLACC Or CMUO)=A[Iff Pilindiard Mailable, (auccipgncp theralcuor Vial part conveyed In Ilse people of [is. Stan of Illisilis, tiessairmard of L.Acr or 1113me"s Transportation by Warranty Dead mantled play IL 11096 as Ounicamal 110211110) in the Tminuiliffs of Xond.l. Kendal County, Mhci& Illress- meta IX ALSO: NOTES: co - ' ..'ea com"s— oror so-' 7 1. The existing Corporate llffdls of the United City of -.ED I Yorkville are not shown hereon. On November 27, 2006 acals; Ilse or ex sounicer; MoMes" or a representaflva of the United City of Yorkville Indicated , IT that the parcels shown hereon are not Currently NORTH HALF, contiguous to The existing llmlts or the United City of SOUTHWEST QUARTER Yorkville. If 4 SECTION 28-36-7 p-1,�t7V Is" I (SIERMA) ' low It I O la AREA BREAKDOWN Is Mrs Ise or I II Man fair W *9 5MM or wims Marc or MMM ei -' Ss. Tuttle Annexation = 191.5514 Acres N MKM Cr Do PAM YE Burkhart Annexation IrMAIT TMOWAL (=Ai PRWEMOCAL WWI wlolmcmncwlmluvarn fraw - LAclo scersevill; H. 11114-0021117, 00 HO 237.4154 Acres Ostrity YKArvit: FIAT 1511131110 us IPMOI mom ECS1110C FMIS AnD fMWW AM I 3M 15 A 7111C Alm Bierma Annexation W7.2000 Acres cmu= JURMMTAIIM ilumw. atuoullis somi of rM Total Annexation = 746.1668 Acres SOUTH HALF, m also DOMI1111. PART - ammor. SOUTHWEST QUARTER WMt usaim Mr IMM Mal SM M FWM= TIM DAY of 1101000M 2M SECTION 28-36-7 A G.TU14 (BIERMA) a ,a AIAMCF MMl3 mot r. TWIN I. FA.& I= FACrESMUL I " OMVIC va on toosunvEmn 3 1/3/07 MM - BIE LqITM CRY OF MaDUr ST UMBE OffRES IIfM no msa=m 2 11/2910: MOVE BIMMA RT 47 IL xv- 1 11/20/0 RoovE XMIN PARCEL 11. a. B BaeeYe' If 7672.71' 2/2106 ISSUE IL - 110. DATE DESCRJPMON i By OMJMTM PA-S f 2M 77ECHNICAL STAIEDIF o MIDWEST almoul PREPARED FOIU tomsumc Pno;vl-jomL • m FOR BUILDING RIESTRIC71OUS AND EASEMENTS NOT SHOWN CONSULTANTS, INC MFJ-0 'YORKMLLE LLC. MERECIII, REFER To YOUR ABSTRACT, DEED. GUARANTEE LAND SUILVETORS POLICY AND LOCAL GRORIANCES. Imco FIVIIII • COMPARE ALL POINTS •BEFORE BUILD14C AND REPORT ANY FA� ion tm-. 255-215 13RAVJPI 13r. 7L DIFFERENCE AT ONCE. x w I aS /� R � � 1 - ; � e • E l 4 I � , 1 I Lfti.P P9aPo9ED I a a II]Git oo ;W-1 S 5. r , s i t i NEI aOD 3 .� � - J NEIGHBORHOOD 2 lo,00@ s mn. ... . t1 I I ' • S HOLE 1.41 70' Y n. W d h NEIGHBORHOOD 1 - e @' wn. xtate - I 3a @.oa Ae. "I cfR ... p� o'd FAMILY 43 4 A I_ FAAITTx��C ]R,90v e.F. ]m, ` \ 310.69. Ac. , Width' \ I 7E L079 � - - •. '' - � vier ad- cx ad»� .:i. G I � PROPOSED , � ;II aho tF --' NEIGI�HORHOOD 4, \ p'a.'"[T` L_. —' ➢EENnO 4 fie' 11th. Width `4t+ ` 11\\ ) m st We B uffet, -. .� '� :: _ L - .,. :'•'<. .. v4 a � 4� / \ — 1 ' / PCI 9PAGG \ COlIYEECNL � +.•,,, OPEN 9� � � {' !' E[LNI10. fu' HmaPIJq / y.,. r \ / I - 7e � � \ %I3JV Ae t ` pp .wv Na.v w.y '^•.� '.�-_. ' (tea dc.) I : 3710 Av \� • ~J opla SPACE ` . • a w and / „ ..:. - - '�'• ..... ,...`X'�'� 1 '. 1. •,' / --- --- - - --- — zb ^♦ -' — `_ NEIGHBORHOOD 5 S \ 70' the. Width y.' - !] �� ♦�wl L,. INYAT7V §� h{ i eFeN b it ,- t i rsc a ➢'TENnaN.. 1 ) aPEN SPACE NEIGHBORHOOD G La o0 85. 0, it i 76' Be .. Vdth i T` I Ti `•,,I. { - 33].60 A0. '. ,,- stn �{t� - :•a a,. d,. a ^ . FN PPA> r R OAD _ 1 to w P k l OPEN OPACE _2C!YI de ( -E6 ]ehd4vepe evHer aF 3 � 0 fvammi NEIGHBORHOOD 7 91h Otte r , tB @4 SubmWnN'Ignboam<a r,l.bY SfAp W '" � � intiNeba mwn tn.m ro.m R s y a ,: \ "M Rr .. NEIGHBORHOOD B e zlv0 ' Y Kd"'�!`1 \ YVSBT sa@. s,v M u . 3et.ee:A yy u� w * I 70' Mltx Width �... r sa ovsfa a a t _ - NEIGHBORHOOD ]0 r' rmeo�xpn saa<ISia b,.sv 7i t/�: BRicLE FAIHLY brem• IIaN la.H -' ^Y •�� I c,aasm am Ilfc.y I. uxoY]oa. araabA<.) - - ^ :` _ ! NE/G�OOD a I m.anotiJn,n _ �,. — 37,@P Av, A.,.. r..am 3 � i<m su. mns wm ... - T 6r ad W , nn(I.Wt Off Ael ♦em 'n_ e_ fi+"' Y EyWl I '� @Pdj1� i �W /. a I]mv Fl Min aYRMb. 1v, ] %.M a f M 1 1 ^ ' • •,...:. i ' �, ♦ ♦ OPA. •• �- - t � • .. s au M + r M z I • aa0a4 Arm. WftMin !s l �': '. -' "'+, _� 3%@. k .� � E6 � � � vb ` ll yb Y. I a mn Ala nln v 1 _� ♦♦ 1" : 1 _ �I =� E f Aav Mb. 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It. 60527 Tuttle, Burkhart and Bierma Properties PLANNING • LANDSCAPE ARCHITECTURE K (e3o) ass -SSao Yorkville, Illinois 5517 N. Cumberland, Suite 906•Chlel IL 60656 Pk 7/171NUM Fac maewa Enat Jellmdpl6c "et �. e"h n Exhibit C2 3103 - MPI - Tuttle, Burkhart,Kuhn & Holt Properties - Yorkville, Illinois server \dwg\mpi\3103 \data\sd021907.xls Site Data Acres Percent Total Site 728.73 100.00 Suburban Neighborhoods 371.68 51.00 (N. of Middle Aux Sable Creek) Transitional Neighborhoods 357.05 49.00 (S. of Middle Aux Sable Creek) Total Number of D.U. = 1427 Gross Site Density = 1.95 D.U. /Ac. Gross Residential Density = 2.19 D.U. /Ac. (1427 D.U./ 650.23 Ac.) Suburban Area Acres Percent Total Site 371.68 100.00 Immanuel Road R.O.W. 1.66 0.45 (existing and proposed) Proposed Wheeler Road 9.92 2.67 Commercial 13.00 3.50 Water Tower 2.50 0.67 Fire Station Site 3.50 0.94 Proposed High School Site 67.50 18.16 Open Space* 134.26 36.12 Residential 139.34 37.49 Total Number of D.U. = 392 Suburban Density= 1.05 D.U. /Ac. Gross Residential Density = 1.09 D.U. /Ac. (392 D.U./ 358.68 Ac.) Transitional Area Acres Percent Total Site 357.05 100.00 Perimeter Road R.O.W. 5.66 1.59 (existing and proposed) Commercial 65.50 18.34 Open Space ** 103.93 29.11 Residential 181.96 50.96 Total Number of D.U. = 1,035 Transitional Density = 2.89 D.U. /Ac. Gross Residential Density = 3.55 D.U. /Ac. (1,035 D.U./ 291.55 Ac.) Residential Breakdown Single Familv Lot Size Lot Width Acres Percent D.U. Percent NH 1 12,000 Sq. Ft. Min. 80 Ft. Min. 29.91 14.04 78 13.04 NH 2 11,000 Sq. Ft. Min. 80 Ft. Min. 16.59 7.79 43 7.19 NH 3 10,000 Sq. Ft. Min. 70 Ft. Min. 39.06 18.34 120 20.07 NH 4 11,000 Sq. Ft. Min. 75 Ft. Min. 22.57 10.60 62 10.37 NH 5 10,000 Sq. Ft. Min. 75 Ft. Min. 31.21 14.65 89 14.88 NH 6 10,000 Sq. Ft. Min. 75 Ft. Min. 31.50 14.79 88 14.72 NH 10 10,000 Sq. Ft. Min. 70 Ft. Min. 30.83 14.48 86 14.38 NH 11 10,000 Sq. Ft. Min. 75 Ft. Min. 11.31 5.31 32 5.35 Subtotal 212.98 100.00 598 100.00 �I I Acres Percent D.U. Percent Single Family NH 1 - 6, 10 & 11 (See Above) 212.98 66.29 598 41.91 Townhomes NH 7 38.94 12.12 228 15.98 Courthomes NH 9 37.90 11.80 276 19.34 Multi - Family NH 8 31.48 9.79 325 22.77 Totals 321.30 100.00 1,427 100.00 Open Space Breakdown Suburban* Acres Total 134.26 Detention 38.00 Floodplain (100 yr) 56.27 N -S Creek Corridor 3.53 Park Site 10.80 Private Club 5.50 Buffers /Trails 20.16 Transitional Acres Total 103.93 Detention 41.40 Floodplain (100 yr) 31.13 Park Sites 18.00 Buffers /Trails 13.40 Notes: 1. Existing Zoning of the Subject Property is A -1 Agricultural in Kendall County. 2. Proposed Zoning is P.U.D. under the R -2 One - Family Residence District with a Special Use for Planned Unit Development. 3. Refer to Engineering drawings for existing and proposed utilities, easements, grading and storwater management information. 4. In developing preliminary neighborhood plans, no road access will be allowed between neighborhoods eight and nine and seven and ten. 5. Refer to survey for survey markers /references to monuments. Transitional Area Comp Exhibit D Comprehensive Plan Analvsis Page of 2 Based on Land Use Concept Plan dated 11- 27 -06. The proposed Yorkville South Development consists of 371.68 Acres (358.68 Ac. Gross Residential) in the Suburban Neighborhood and 357.05 Acres (291.55 Ac. Gross Residential) in the Transitional Neighborhood as defined by the Comprehensive Plan. Per the Comprehensive Plan, the Suburban density range is 1.5 - 2.25 D.U. /Ac. The proposed Suburban gross residential density is 1.09 D.U. /Ac. (146 units less than the low range). The proposed Transitional Neighborhood, as outlined below, exceeds the allowable gross residential density by 15 units (3.55 D.U. /Ac. vs. 3.50 D.U. /Ac.). Trading off a slightly higher density near the large proposed commercial centers bounded by Walker, Route 47 and Caton Farm roads is appropriate and complies with the intent of the Comprehensive Plan. Design Guidelines Table per Comprehensive Plan Maximum Area within Maximum Maximum Density of Additional Development of Overall Density Single- Family Attached Open Snace Single- Familv Attached Units Der Acre Units ner Acre 0% 0% 2.25 N/A 10% 10% 2.50 6 15% 20% 3.00 6 - FFF 25% 25% 3.50 8 Transitional Residential Area Required Per Proposed Comprehensive Plan MPI Plan Difference Open Space 32.98 57.84 Ac. 75% greater than req'd. Open Space Required: Estimated Transitional Area Population = 2,638 ( *see Table of Estimated Population by D.B.C.W. 01- 17 -06) Required Park @ 10 Ac. /1,000 population = 26.38 Ac. Additional Open Space Req'd @ +25 %: = 6.60 Ac. Total Open Space Required = 32.98 Ac. Open Space Provided: Parks = 18.00`Ac. Traits/Buffers = 8.44 Ac. Floodplain/Trails (excludes detention) = 31.40 Ac. Total Open Space Provided = 57.84 Ac. Max. Area of SFA 116.82 Ac. 138.00 Ac. 7.33% greater than allowed Total Site Area = 357.05 Ac. Less Commercial = 65.50 Ac. Gross Residential Area = 291.55 Ac. SFA allowed at 40% = 116.82 Ac. Land Area for Attached SF = 138.00 Ac. ( *see attached Land Area Exhibit) Percentage of Residential Area = 47.33% (138.00 Ac. /291.55 Ac.) Max. SFA Density 6.00 D.U. /Ac. 6.01 D.U. /Ac. 1.00% greater than allowed Single Family Attached Density = 6.01 D.U. /Ac. (829 D.U. /138.00 Ac.) Overall Densitv A aalvsis Required Per Proposed Comprehensive Plan MPI Plan Difference Max. Overall Density 3.50 D.U. /Ac. 3.55 D.U. /Ac. 1.01 % greater than allowed Recommended Allowable Actual Residential Actual Units Land Area Densitv Ranee Units Densitv Pronosed Proposed Suburban Res. 358.68 Ac. 1.5-2.25 538-807 1.09 392 Transitional Res. 291.55 Ac. 2.25-3.50 656-1020 3.55 1,035 Total 650.23 Ac. 1,194 - 1,827 1,427 Median 2.50 1,625 2.19 1,427 p�' la Iw' r' IJ I, �rn!r , �ulI' Ifl' 'Ih ''r, e ' F� I I I. I, I III Iy, � I I y } kl I dl1 k'ry • G,�I'F�I'� I I I '�?�I rl I�IMi',�'rW�� F4�'I I I I'I'I ,] '�r-:�lo.:� 'II���'� ! • I w \ I � ,- I -- -' I r���,.r�rIIGI�, III���II41�11�Pf r , r ��� 1 �� i ! u '^n'1 1� 1 �N`� l 11 /�,`• \ �. `. I I "�I.� �I F Y I I � �l { � I 1 J I! �' ! ✓, {� III 1 1 I I%r 4 r .', I \ � � , � I Z II, I ��VV C f""� %,dlf III Ir �i' _ �� ✓ \' , � �1',! I C I {III I % I �;,' wl�r�1 � +�.+ ✓G � M?' q'x . "�I Idl 11��1 �. + ,�,I� i 1,. 'k I III` I'� _ ; .� �' l ll' I I - I/" i1'I ' I }nl�'� ' °,��;� �VIIV'lrllr � y�ifllUl' r•' f' /. 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W ,,, —7 4e, 'r I / S L.niljl 1 _ �� I �X1 � y ' � . r I 1 ^'.�'� 1 M `f � � Il ,1 h/ ---�-� • � ; _r' 4 , rn X I � _r �43103 205-M MPI 4 ..�. 02 -14- W,T~51 6660 North Fr4nla a 9 Road Sulk 100 Attached Land Area Exhibit OEN LANDDEWN, ING. 0 s®b 1' -300' Barr Rldg•, IL 60527 Tuttle, Burkhart and Bierma Properties PLANNING • LANDSCAPE ARCHITECTURE 5517 N. C..W -d, Sult. 906•Chl -go, IL 60656 (830) 455 -5400 YOI')CVllle, I11fII0i9 Ph 7JS7OMM F= MA Va III *Jmd dnd EXIMIT E PERMITTED MODIFICATIONS FROM MUNICIPAL CODE The parties agree that all modifications, if any, from the CITY codes, necessary to develop the SUBJECT PROPERTY according to DEVELOPER'S Concept Plan, shall be deemed to have been granted as a planned unit development. Those modifications are as follows: I. Permitted Modifications to Zoning Ordinance: a) Permitted Bulk Regulations for Detached Single Family: Yorkville S. Lot Type Yorkville Code 12,000 11,000 10,000 Requirement for R2 Zoning J Lot Size 12,000 11,000 10,000 12,000 Lot Width 80' 75' 70' 80' Front Setback 30' 30' 30' 30' (minimum) Corner Setback 1 30' 30' - combin _ e 0 d total 3 I - -_ - __ { tt Interior Side 10' 10' 8 min, one side. 10 Formaed: Not Highlight side vard of 18' 1 Rea Setback 1 30' 30' 30' 40' b) Permitted Bulk Regulations for Attached Single Family Homes: Yorkville South Lot Type Yorkville Code Courtyard Conventional Requirement for TH TH R3 Zoning Lot Size None None 9,000 Lot Width None None 90' Yard Setbacks Front 25' 25' 30' { Formatted: Not Highlight Side (Comer) 20' 20' 20' - Perimeter 30' 30' 30' Building to Building Setbacks Side to Side 20' 20' + 20' Side to I' 35' _4W 40' I " -{ Formatted: Not Highlight Rea to Rear 60' ** 60 " ** 60> I - - -) Front to Side 35' L—J- 1 50' --------------------------- Formatted: Not Highlight Front to Front 50' * ** 50 " * ** 50' Rea to Front 50' 100' 100' ---------------------- Formatted: Not High Garage to Garage 60' IAA NA ------------------ __ - - ---� Formatted: Not Highlight Notes: { Formatted: Not Highlight *If the structures are arranged in any way other than a parallel arrangement, a separation of 3.> { Deleted: " shall be allowed at the closestpoint between the structures as long as the average separation between the structures is 40' or more. * *Except where structures are arranged in anyway other than parallel where a 50'separation is required at the closestpoint between structures provided the average separation between structures is 60' or more. * * *Ifstructures are arranged in anyway other than a parallel arrangement, a separation of 40' — •.{ Deleted: 2 Revised 2/13[07 shall be allowed at the closest point between the structures as long as the average separation between the structures is 50' or more. II. Permitted Modifications to Subdivision Ordinance: Section 7.08.02 States "paving shall be 3 inches of bituminous concrete surface course on 10 inches of compacted CA -6 base. Fencing shall be 4 feet high, continuous chain - link fence of both sides of the walkway or easement." Variance requested for 2 inches of bituminous concrete surface course on 8 inches of compacted CA -6 base. Fencing only to be required when the walkway is through a side yard. Section 8.12.02 States "steel plate beam guardrails shall be placed along the shoulder of any street, where street construction has resulted in an embankment greater than 6 feet in height." Variance requested to add "or other safety measures" after the word guardrails. Standard Specifications for Improvements — Insurance Reauirements Fifth paragraph, last sentence states "The insurance coverage shall remain in effect until the City accepts the entire development." Variance requested due to the size of the project to change "entire development" to "neighborhood or group of neighborhoods ". Roads Pg S -2 — Last paragraph states "Also, the binder course shall be bump tested by the contractor and witnessed by the City Engineer and all areas exceeding ' /z inch bumps, including header joints and any patch joints, shall receive a leveling course prior to surfacing." Variance requested to add "or be leveled by grinding" before the word prior. Pg S -3 — Last paragraph states "The developer, to comply with these Standards for Improvements, shall improve existing roadways running through, or adjacent to, the development." Illinois Route 47 is intended as a regional improvement by IDOT and therefore a variance is requested to improve existing IL Route 47 to accommodate access into the site as mandated by IDOT for the appropriate share of said improvements adjacent to the subject property. Storm Sewer Svstem Pg S -8 — First paragraph states "catch basins or open -lid structures shall not be located over the sewer main." Variance requested to allow open structures along rear yard storm sewer main. Pg S -8 — Second paragraph states "all new homes with basements or crawl spaces shall have a direct, underground conduit to the storm sewer system." Variance requested for lots adjacent to detention/retention basins to allow the sump connection to tie into a structure with a perforated bottom to promote infiltration into the ground instead of into the storm sewer system. ; { Deleted: 2 Revised 2113[07 ' ------------ Pg 5- 16 — Firstparagraph states SanitarvSewerSvstem--------------- ---- ,--------- -- fittings shall ------------------------ -------------------------- - _. - - -- -- Deleted:.PgS- 10— Itern7states "this "all overflow shall have an erosion concrete in -c- and - ---- - sure rated in __ _ curtain wall..." Variance requested to accordance with ASTM D -2241 and ASTM D- 3139..." Variance requested toad limit the concrete curtain wall to basins ASTM D -3034 after ASTM D -2241. with an overflow route adjacent to roadways, offsite areas, or proposed residential or commercial lots.¶ II. Permitted Modifications to Building -Co-de:¶ Deleted:. Pg S -15 — Item B states "the station building shall be a brick structure DEVELOPER shall be permitted a variance from the CITY requirement to hook - ` with conventional- pitched roofin and up sump pump discharges to the CITY storm sewer system. DEVELOPER paved access," Any pump station proposed within the development is and/or builders shall provide drains or positive overland lot grading to open space intended to be operating on a temporary or rear and side yard swales as set out and approved in the final engineering plans basis and variance is requested to remove for said development. DEVELOPER shall also grade the SUBJECT PROPERTY this item.¶ so that sump pump discharges properly and efficiently flow into rear and/or side Deleted: . ParkDevelonment yard swales eliminating any possibility of storm water puddling on the SUBJECT standards . Detention/Retention Basins — Pg l I — PROPERTY. If for any reason puddling occurs as a result of improper grading Section 3.6.2 states "should detention or the DEVELOPER agrees to correct the grading upon notification of the problem retention ponds be part ofthe local donation, they shall meet the following from the CITY. Provisions will be set forth in the covenants and conditions requirements..." part c "comply with requiring the builders of each lot to comply with the terms of this paragraph. state statue re distance from ROM!' Variance requested for basins along a neighborhood ROW to maintain a Specific Provisions related to permitting and occupancy for model homes, lo' setback from the ROW to the HWL.9 production units, sales trailers, construction trailers and the construction of the - clubhouse have been identified in Paragraphs 18 and 19 of the Annexation Agreement. IV. Permitted Modifications for Signage: The provisions of the Sign and Zoning Ordinance are hereby modified as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 2jof this Agreement and as illustratedjn Exhibit K. ----- --- ---- -. - - - Deleted: x J Deleted: attached hereto and incorporated herein I { Deleted: 2 Revised 211(07 ' EXISTING, MANIHOI-Z 1,600 LF. 18 -INCH FORCEMAIN OR 24' GRAVITY SANITARY SEWER IF AN EXCLUSIVE ' EASEMENT CAN BE OBTAINED AND GRANTED TO Y.B.S.D. 1 LG ..M Y SEW TO BE +��, - `• CONa1RUCT D HnNM KGWBOBN S 1 - FIXifs MAIN BY YORIfNLLE BRISRN. SANITARY D61RICf 2,600 L.F. _ LU •. T ROAD P' _ _ t I _ AMEN �l .� .- •- _ - -.. _ _... .._ - - -- " ,, I `T 18 -INCH FORCEMAIN TO - �_ -.` " -- ": ,. - - '- _ „_ _ _- _- . • ._. t i � BE LOCATED • IN AN EASEMENT OBTAINED BY OR • WITHIN IL ROUTE 47 RIGHT OF WAY fY, i FORCE MAIN AIANO IL RT. 47 TO 1, LF. Pc..y BECOME PART OE_ULDM�IE..... ... -- YORIMLLE- BRISTOL SANITARY MST - FORCE MARL IMPROVOAEMS MTH 7HE1R 9 NNRE WASTEWATER COl1ECT10N SYSTEM• CROSS SCHOOL WATER ELL /STORAGE 60 P.E • STUB FOR FUTURE CONNECTION (BY (BY OTHERS) I STUB FOR FUTURE A - i I CONNECTION (BY OTHERS) t . xwme No. 3 HIGH SCHO - t 600 LF 317E . - -• ... _.- .— ...�_,..- ._...�. - y __ - - .. � 164.46 Ae. 288 P.E _EOBCE,MAIN -. _ Y " -, - _ _ . . ,, - -• - -- J i NEIGHBORH OD 3 LY _ _ I, �IGHBORHOOIF2 SINGLE Y No. 5 Q ,. S1jQL FAMILY' 120 LOT 2,235 IF M Q - - �' -' 1 P.E. P.E. 220.2 AC. n 3,900 LF. NEIGHBORHOOD No. 1 '° - •' ' - ipBQ STA1ICN SINGLE FAIR �” btt7 AC. CO PARK � F 21.4 P.E. 273 P LO o. 4 / , ,�,,,,.. w .. -... ` • ROAD_ 3 _ . -. uo LF / 1825 LF Y O r - �- -.'� r- 63.6 6 :DETENTIO 21LOT . , . cae. -cuL i 4 I 196 PE ` f ��♦ - T 875 F \`NEIGHBORHO 4 OD 2a P.E. Ii ♦ amoLe� AMLLI, m . ♦ 60.66. , _ - No. 6 'RETENTION / 24" INTERCEPT A YYYiii 865 LF ♦♦ 40La •A0 FORCE MAIN JS .. _ .7 • r No 7 - _.,- .__. -, .. �♦ 7,830 LF I MAANUEL ♦. 3.76 AO. - aIX 00 E"Woo 6 N ' CEMETERY �„ •. ♦ tb f ♦♦ . ma m ��I1r � 2 LF. 24" INTERCEPTOR- PERMINENT PUMP STATO[I � _ 7 ' � l LTISIVON 24" INTERCEPTOR SINGLE FAMILY �- 88 Lots 7 308 P.E. (NEIGHBORHOOD 6 27 "SAN j4 2,000 LF IN ._ yDEr Park 1,800 LF. NEGHBORNOOD' COMMERCIAL 7 345 P.E. TOWHROMES . 4i•OPEN SPACE- 27"SAN 2,545 LF • ^' I DETENTION " 228 D.U. - 798 P.F_ _. �. • LU .. �' NEIGHBORHOOD 8 MULTLFAMLLY 1O" INTERCEPTOR -•- . -...- - _ - 325 D.U. J SEWER 1137.5 P.E. '''*•�- -, NEIGHBORHOOD 70 " • ' J ; - •' SENSE SE FAIRLY 1 _ We .� 86 Lola - - -- .4 - -- - '4 . - - ._ •. ,.. ... 301 P.E. ' ' NEIGHBORHOOD'S. - eouBTNows _ 276 MU. 968 P.E. —•'" -- _ 27 "SAN - - - �,- 2,780 LF — 1 . COMMERCIAL NOTES: 32 Lots 1. THIS CONCEPTUAL EXHIBIT IS PRELIMINARY 112 PE IN NATURE AND SUBJECT TO CHANGE BASED - EWER RCEPTOR ON ADDITIONAL ENGINEERING STUDIES AND SIRGUE F AMIL Y + - — - allla.E FAIRY INVESTIGATIONS, AND UPON FINALIZATION OF SITE PLANS.__ �_ _ — - -. CATON FARM ROAD 21" INTCEPTOR) 24' INTERCEPTO ER "i• 2. MAINLINE SANITARY SEWER ROUTE FOR THE AREA IS SHOWN PER WALTER E. DEUCHLER ASSOCIATES INC. OVERALL PLAN. 18" AND LARGER GRAVITY SANITARY SEWER AS WELL AS PUMP STATION AND FORCE MAIN SHOWN HEREON ARE BY THE _ YORKVILLE— BRISTOL SANITARY DISTRICT. February 15, 2007 10 : a.m. AcadVer :16.1s (LMS Tech) Drawing: F: \CADD\ 3125.00\ 312\ EXHIBIT \ANNEXATION \SANITARY_ONSITE -DWG (310) Fla. EXHIBIT PROJECT NO. 3125.00 X NOR COWHEY YORKVILLE SOUTH POSSIBLE MODIFIED CONCEPT FOR I®N® GUDMUNDSON DATE 11 /29/06 YORKVILLE, IL. INITIAL SANITARY SERVICE TO SITE Cr ROM LEDER, LTD REVISED 2/14/07 SCALE NONE Ban © COPYRIGHT 2005 L Exhibit F1 b Aux Sable Creek Service Area Sanitary Sewer Planning WEDA Job# 788- 06086 -00 Any sanitary sewer service by the Yorkville - Bristol Sanitary District (YBSD) to the MPI development can only be served by a lift station pumping the flow in a northerly direction to the existing 24 -inch ComEd Interceptor, which flows by gravity to the existing wastewater treatment plant. The objective of this study was to develop appropriate phases for constructing the necessary infrastructure required to convey sanitary sewage from proposed and future developments in the south planning area of the Yorkville - Bristol Sanitary District's present and potential Facilities Planning Area that will be compatible with the YBSD's current Master Plan. The first option was to evaluate the conveyance of sanitary sewage from only the MPI South development as proposed by MPI's engineers and determine what portions; if any, of the proposed infrastructure would be compatible with the YBSD's current Master Plan. Option #1 — This option includes sanitary sewer service for only the MPI South development as proposed by MPI's engineers. Proposed MPI development: (from north to south) Well Water /Storage = 250 P.E. High School = 286 P.E. Fire Station = 21.4 P.E. Neighborhood #1 = 273 P.E. Neighborhood #2 = 150.5 P.E. Neighborhood #3 = 420 P.E. Neighborhood #4' = 217 P.E. Aquatic Center = 25 P.E. Commercial = 195 P.E. Neighborhood #5 = 311.5 P.E. Neighborhood #6 = 308 P.E. Neighborhood #7 = 798 P.E. Commercial = 345 P.E. Neighborhood #8 = 1,137.5 P.E. Neighborhood #9 = 966 P.E. Neighborhood #10 = 301 P.E. Commercial = 675 P.E. Neighborhood #11 = 112 P.E. i �= 6,791.9 P.E. The total population that MPI is proposing to serve is 6,791.9 P.E. The total area of the MPI development is 729 acres, which equates to 9.3 P.E. /acre. The proposed infrastructure for the Aux Sable Creek service area in the YBSD's current Master Plan was designed using an average of 8 P.E. /acre. Page 1 of 9 The proposed sewer conveyance will be such that all MPI area north of Walker Rd. will be conveyed by gravity to a lift station at Middle Aux Sable Creek (hereinafter called the Aux Sable Creek Lift Station), and all MPI area south of Walker Rd. will be conveyed by gravity to a lift station at Caton Farm Road (hereinafter called the Caton Farm Rd. Lift Station). As proposed by MPI, all wastewater flows tributary to the Caton Farm Rd. Lift Station will be pumped to the Aux Sable Creek Lift Station via 8,200 L.F. of 8 -inch forcemain. All wastewater flows tributary to the Aux Sable Creek Lift Station will be pumped northerly to the existing 24- inch ComEd Interceptor via 10,600 L.F. of 10 -inch forcemain. The tributary P.E. of the Caton Farm Rd. Lift Station was determined to be 4,334.5 P.E. and the tributary P.E. of the Aux Sable Creek Lift Station is the entire 6,791.9 P.E. of the proposed MPI development. Using the above information, the proposed pump stations were evaluated: Pump Station DesiLyn Criteria: Aux Sable Creek Lift Station (MPI proposal): ADWF = 6,791.9 P.E. x 100 gpcd = 679,190 gal/day = 471.66 epm Peaking Factor = 3.12 Projected Peak Flow = 3.12 x 471.66 gpm = 1,471.22 2nm. Forcemain Length = 10,600 L.F., say 10,700 to account for equivalent length of various forcemain fittings. Static Head = 70 feet. Topographical distance is 60'; add 10' for wet well depth. With the proposed 10 -inch forcemain: TDH = 289.13' (125.2 psi), Velocity = 6.01 ft. /sec. Pumps are not available for this loadinL and head. With a 12 -inch forcemain: TDH = 160.17' (69.3 psi), Velocity = 4.17 ft. /sec. Could operate on one 100 hp pump or two 85 hp pumps at peak flow. With a 14 -inch forcemain: TDH = 112.56' (48.7 psi), Velocity = 3.07 ft. /sec. Could operate on one 100 hp pump or two 70 hp pumps at peak flow. With a simplex set -up, two alternating pumps (each with a capacity of 1,600 gpm) could be used. The wet well would need to be a 7 -foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 4.2 feet. With a duplex set -up, three parallel pumps (each with a capacity of 800 gpm) could be used. The wet well would need to be a 9 -foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 3.5 feet. Caton Farm Rd. Lift Station: ADWF = 4,334.5 P.E. x 100 vDcd = 433,450 gal/day = 301.0 Lpm Peaking Factor = 3.30 Page 2 of 9 Projected Peak Flow = 3.30 x 301.0 gpm = 993.9 LYpm. Forcemain Length = 8,200 LY, say 8,300 to account for equivalent length of forcemain fittings. Static Head = 22 feet. Topographical distance is 12'; add 10' for wet well depth. With the proposed 8 -inch forcemain: TDH = 265.74' (115.0 psi), Velocity = 6.34 ft. /sec. Pumps are not available for this loadine and head. i With a 10 -inch forcemain: TDH = 104.21' (45.1 psi), Velocity = 4.06 ft. /sec. Can operate on one 47 hp pump or two 30 hp pumps at peak flow. With a simplex set -up, two alternating pumps (each with a capacity of 1,000 gpm) could be used. The wet well would need to be a 7 -foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 2.6 feet. With a duplex set -up, three parallel pumps (each with a capacity of 500 gpm) could be used. The wet well would need to be a 9 -foot diameter precast manhole and would have a pump on/off elevation difference of a minimum of 2.2 feet. Service Area: We would recommend limiting the discharge pressure of each lift station to 60 psi (not including water hammer). As such, the Aux Sable Creek Lift Station would require a 14- inch forcemain and the Caton Farm Rd. Lift Station would require a 10 -inch forcemain. At a maximum discharge pressure of 60 psi, the Aux Sable Creek Lift Station could potentially serve 7.450 P.E. (2.30 mgd) using a triplex system with 70 hp pumps. The proposed service population of MPI South is 6,791.9 P.E., which leaves an additional 658 RE for future flow. This additional 658 P.E. equates to 82.3 acres at 8 P.E. /acre. At a maximum discharge pressure of 60 psi, the Caton Farm Rd. Lift Station could potentially serve 4.335 P.E.. The proposed service population of the southern portion of MPI South that is tributary to this lift station is 4,335 P.E., which leaves no additional capacity for future flow. Future Development: As population begins to grow towards the potential 2.30 mgd capacity of the Aux Sable Creek Lift Station, the proposed infrastructure improvements in accordance with the YBSD's current Master Plan would need to be constructed in order to serve future development. Upon completion of those improvements, the Caton Farm Rd. and Aux Sable Creek Lift Stations and associated forcemains would be abandoned. To avoid increased costs and potential disruption to developed areas in the future, we would recommend constructing the portion of the proposed Aux Sable Creek Interceptor that crosses the MPI South development at this time. Page 3 of 9 Construction Phasing: Phase 1: Construct the temporary Aux Sable Creek Lift Station and 14 -inch forcemain to the existing 24 -inch ComEd Interceptor. Construct Aux Sable Creek Interceptor in accordance with YBSD's Master Plan across MPI South development. Phase 2: Construct all MPI sanitary sewers that will flow 'by gravity to the Aux Sable Creek Lift Station. Phase 3: Construct the temporary Caton Farm Rd. Lift Station and the 10 -inch forcemain to the proposed 12 -inch gravity sewer south of the Aux Sable Creek Lift Station. Phase 4: Construct all remaining MPI sanitary sewers that will flow by gravity to the Caton Farm Rd. Lift Station. Cost: MPI Improvements: 10,600 L.F. of 14" D.I.P. forcemain @ $115 1ft. = $1,219,000 1 Temporary Aux Sable Cr. Lift Station = $ 600,000 8,200 L.F. of 10" D.I.P. forcemain @ $85/ft. = $ 697,000 1 Temporary Caton Farm Rd. Lift Station = $ 500,000 IPF Fee for MPI development = $3,660/ac. x 729 ac. = $2.668.140 Total = $5,684,140 All of the above items would be considered temporary infrastructure improvements by the YBSD and would not be eligible for the use of IPF monies to construct the_ se improvements, with the exception of the following: YBSD Improvements: 5,400 L.F. of 24" Aux Sable Creek Interceptor @ $230/ft. = $1,242,000 14 Each of 5' Dia. Manholes @ $6,000 each = $ 84,000 1600 C.Y. of Rock Excavation @ $125 /cy = $ 200.000 Total = $1,526,000 The above indicates that there would be approximately $3.01 million ($5.68M - $2.67M) of "throw away" money spent by MPI for the proposed sewer improvements. Page 4 of 9 Option #2 - This option goes beyond serving more than the bare minim of the MPI development. This option is aimed to suit current growth and minimize the cost of temporary sewers and lift stations by laying the groundwork for the future permanent main lift station at the Aux Sable Creek Lift Station site. This option will have the same lift station at Aux Sable Creek as Option #1, but there will not be a lift station at Caton Farm Rd. Instead, the Caton Farm Road Interceptor will be installed to serve the southern portion of the MPI development by gravity to the Aux Sable Creek Lift Station. The proposed 27 -inch interceptor will replace and follow the same center line as the MPI proposed 12 -inch gravity sewer from Aux Sable Creek to Walker Rd. The 27 -inch gravity sewer will then follow Walker Rd. to the east and IL Rt. 47 to the south to Caton Farm Rd. At Caton Farm Rd. and IL Rt. 47 there will be a manhole to accept flows from the east and west to capture all flows south of Walker Rd. and west of Penman Rd. As population increases, the Aux Sable Creek Lift Station would be upgraded to its ultimate capacity to serve the entire south service area of the YBSD. As Option #1 indicated, the MPI service area will be 4,334.5 P.E. south of Walker Rd. and 2,457.4 P.E. north of Walker Rd. for a total P.E. to the Aux Sable Creek Lift Station of 6,791.9 P.E. The proposed sanitary sewer conveyance will be such that all MPI area north of Walker Rd. will flow by gravity to a lift station at Middle Aux Sable Creek (Aux Sable Creek Lift Station), and all MPI area south of Walker Rd. will flow south, by gravity, to the proposed Caton Farm Road Interceptor, which will then flow north, by gravity, to the Aux Sable Creek Lift Station. As proposed by MPI only: The tributary P.E. of the Caton Farm Rd. Interceptor is 4,334.5 P.E. The tributary P.E. of the Aux Sable Creek Lift Station is the entire 6,791.9 P.E. Pumo Station Desien Criteria (same as Option #1) Temporary Aux Sable Creek Lift Station: ADWF = 6,791.9 P.E. x 100 epcd = 679,190 gal/day = 471.66 LYom Peaking Factor = 3.12 Projected Peak Flow = 3.12 x 471.66 gpm = 1,471.22 eom. Forcemain Length = 10,600. L.F., say 10,700 to account for equivalent length of forcemain elbows. Static Head = 70 feet. Topographical distance is 60'; add 10' for wet well depth. I To account for growth beyond MPI, the forcemain and pumps will be upsized from Option #1. Here are just a few options for pump sizes and forcemain sizes: 1.) By usinLy a 70 HP FlvP-t pump NP3202.180 with 294 mm impeller: A. Using a 14" forcemain: In a simplex system: Peak Flow = 1,200 gpm, Velocity = 2.50 fps. In a duplex system: Peak Flow = 1,600 gpm, Velocity = 3.33 fps, which provides for 86.5 acres of additional growth. Page 5 of 9 B. Using a 16" forcemain: In a simplex system: Peak Flow = 1,450 gpm, Velocity = 2.31 fps. In a duplex system: Peak Flow = 2,000 gpm, Velocity = 3.19 fps, which provides for 364.1 acres of additional growth. C. Using an 18" forcemain: In a simplex system: Peak Flow = 1,600 gpm, Velocity = 2.02 fps, which provides for 86.5 acres of additional growth. In a duplex system: Peak Flow = 2,400 gpm, Velocity = 3.03 fps, which provides for 653.7 acres of additional growth. 2.) By using a 105 HP FlvRt numn NP3301.180 with 330 mm impeller: A. Using a 14" forcemain: In a simplex system: Peak Flow = 1,690 gpm, Velocity = 3.52 fps, which provides for 147.9 acres of additional growth. In a duplex system: Peak Flow = 2,090 gpm, Velocity = 4.36 fps, which provides for 428.3 acres of additional growth. B. Using a 16" forcemain: In a simplex system: Peak Flow = 2,000 gpm, Velocity = 3.19 fps, which provides for 364.1 acres of additional growth. In a duplex system: Peak Flow = 2,630 gpm, Velocity = 4.20 fps, which provides for 825.1 acres of additional growth. C. Using an 18" forcemain: In a simplex system: Peak Flow = 2,250 gpm, Velocity = 2.84 fps, which provides for 543.8 acres of additional growth. In a duplex system: Peak Flow = 3,220 gpm, Velocity = 4.06 fps, which provides for 1,279.8 acres of additional growth. Using larger pumps and a larger forcemain, requires construction of a larger wet well. We recommend constructing a wet well now that will be large enough to suffice for the final permanent lift station design flows. The foundation and wet well could be constructed initially ith a temporary structure to y p y house the control center, generator, etc. A permanent lift station building could then be constructed as part of a future upgrade. Gravitv Interceptor Desien Criteria: Proposed gravity sewers serving the southern portion of the MPI development must meet certain elevation criteria in order to cross below two existing creeks: 1.) Middle Aux Sable Creek to get to the Aux Sable Creek Lift Station site, and 2.) The unnamed creek at Caton Farm Rd., west of IL Rt. 47 Page 6 of 9 Also the proposed gravity sewer must be sufficiently deep enough to serve the tributary area between IL Rt. 47 and Penman Rd., north and south of Caton Farm Rd. MPI Sewers As previously stated, the 12 -inch arterial sewer between Middle Aux Sable Creek and Walker Rd. will be replaced by a 27 -inch gravity sewer (Caton Farm Road Interceptor). All other MPI proposed arterial sewers will remain the same. The MPI proposed arterial sewers south of Walker Rd. will flow to the south to the creek at Caton Farm Rd. YBSD Interceptors At Caton Farm Rd. the MPI arterial sewers will flow into the proposed Caton Farm Road Interceptor sewer runnin east/west along the southern edge of the MPI development. The Caton Farm Road Interceptor will be 21- inches in diameter to the west of the proposed MPI connection (to serve future development to the west of MPI and south of Walker Rd.) and 24- inches in diameter to the east of the proposed MPI connection. The proposed 24 -inch Caton Farm Road Interceptor will then turn north at IL Rt. 47 and increase to a 27 -inch sewer. This 27 -inch interceptor will receive wastewater flows from future development east of IL Rt. 47 to Penman Rd. The proposed 27 -inch Caton Farm Road Interceptor will run northerly along IL Rt. 47 to Walker Rd., then westerly along Walker Road to the center of the MPI property, and then northerly along the proposed centerline of the MPI arterial sewer plan to the Aux Sable Creek Lift Station. To avoid increased costs and potential disruption to developed areas in the future, we would recommend constructing the portion of the proposed Aux Sable Creek Interceptor that crosses the MPI South development also at this time. Service Area: For the Aux Sable Creek Lift Staion: From the above mentioned pump design criteria, if the 105 HP pumps and the 18- inch are used in a duplex system, the capacity of the lift station will be 3,220 gpm (17,030 P.E.). The initial service population for this lift station is 6,791.9 P.E., which leaves an additional 10,238 P.E for future flow. This additional 10,238 P.E. equates to 1.280 acres at 8 P.E. /acre. All proposed gravity sewers would be sized to adequately serve their intended tributary service areas at 8 P.E. per acre. Future Development: The proposed Montelbano development is 157 acres, which falls into the acceptable service area to be served by the temporary Aux Sable Creek Lift Station. This can be accomplished by constructing a temporary lift station on the Montelbano property to pump directly to the Aux Sable Creek Lift Station and/or MPI development. Page 7 of 9 A smaller permanent lift station would need to be constructed in the future along Ashley Road, adjacent to the Aux Sable Creek (hereinafter called the Ashley Road Lift Station). This lift would serve the tributary areas east of Penman Rd. and those areas east of IL Rt. 47 not served by the east branch of the Aux Sable Creek Interceptor. The Ashley Road Lift Station would need to serve 15,688 P.E. (1,961 acres. @ 8 P.E. /ac.). Although the capacity of this lift station ultimately will be 15,688 P.E., its service area will be limited by the available capacity of the temporary Aux Sable Creek Lift Station. Ashley Rd. Lift Station: ADWF = 15,688 P.E. x 100 Lncd = 1,568,880 gal /day = 1,089.44 2rAm Peaking Factor = 2.76 Projected Peak Flow = 2.76 x 1,089.44 gpm = 3,005.36 gpm. Forcemain Length = 9,600 L.F., say 9,700 L.F. to account for any elbows. Static Head = 30 feet. With a 16" forcemain: TDH = 105.58', Velocity = 4.80 ft. /sec. As population of the Yorkville South area begins to grow towards the 17,030 P.E. capacity of the temporary Aux Sable Creek Lift Station, the permanent lift station plan will need to be implemented. When the permanent Aux Sable Creek lift. station is finalized, all remaining gravity interceptors will be free to be constructed to reach the extents of the Yorkville South area. To upsize the capacity of the temporary Aux Sable Creek L.S. to the perman ent capacity, the three 105 HP pumps will need to be replaced with three 280 HP pumps. Construction Phasing: Phase 1: Construct the temporary Aux Sable Creek Lift Station and 18 -inch forcemain to the existing 24 -inch ComEd Intereceptor. Construct Aux Sable Creek Interceptor in accordance with YBSD's Master Plan across MPI South development. Construct arterial sewers for northern portion of MPI South development. Phase 2: Montelbano to construct temporary lift station and connect to Aux Sable Creek Lift Station and/or MPI South development arterial sewers. Phase 3: Construct the Caton Farm Road Interceptor. Phase 4: Construct the arterial sewers for the southern portion of the MPI South development. Phase 5: Construct future interceptors, Aux Sable Creek Lift Station upgrade improvements and Ashley Road Lift Station as needed for future growth. Page 8 of 9 Cost: MPI Improvements: IPF Fee for MPI development = $3,660/ac. x 729 ac. = $2.668,140 Total = $2,668,140 YBSD Im r U ovements: 10,600 L.F. of 18" D.I.P. forcemain @ $150 1ft. = $1,590,000 1 Temporary Aux Sable Cr. Lift Station = $1,750,000 5 L.F. of 24" Aux Sable Creek Interceptor 230/ft. = 1 242 p @ $ $ ,000 14 Each of 5' Dia. Manholes @ $6,000 each = $ 84,000 1600 C.Y. of Rock Excavation @ $125 /cy = $ 200,000 Total Phase 1 = $4,866,000 8,950 L.F. of 27" Caton Farm Road Interceptor @ $250/ft. = $2,237,500 20 Each of 5' Dia. Manholes @ $6,000 each = $ 120,000 1,100 L.F. of 24" Caton Farm Road Interceptor @ $230/ft. _ $ 253,000 3 Each of 5' Dia. Manholes @ $6,000 each = $ 18,000 2000 C.Y. of Rock Excavation @ $125 /cy = $ 250.000 Total Phase 3 = $ 2,878,500 Total Phase 1 and 3 = $ 7,744,500 None of the above items would be considered "temporary" infrastructure improvements by the YBSD and all of the above items would be eligible for the use of IPF monies to construct these improvements. I Page 9 of 9 I i 66B 71 - - _ ?'[ � i � y v � �i F i , � . OIl :2 w ,r"_`'�. %` _ � � - -� d ..`.rj � I J � f -.. BR�1 5 `..� ! �y �\ % _� '`�� L h T < T, 7V)) 10" ' pu - .rte -.y-. l I� 1 � p � _ `-•��} .1 -w 1 � /,j i7, l � � �.i/: - --- '� I - 'Ti � � _ _ ' i � \ I � F�i� � G S•. -j O ob 7 w) CO �� f ,. _ �rf17:F' - r ��� �, ,1 ..J,J e •�.4 �` { �—' �r i - / _ —, j. � Sn WMEN7/ 151 70 j f . A44FNT 14, j Q N L ri 7- S'Ab�€ C A'Q _j INT�[RCEPTYR 674 T 0� 96 t Y ROAD 686 PTOR r-j T RCE Lj r 60 )12 LTJ - �ATIDN 2 3 22 2Q. T .3 1 24 !�J -T- - [ 1 _/ -'`�� _ _ r � -_ _ _ _ . R e - 0 r me N , 4� e , -zMw - -- : 1-11 2 9 BR 67c� t �J in g , 663 12� p - 0 CD It iri ft cz i it R ROAD WALKER 2, 7Z5 c) pr Tok - N— &nanuel c� f BM 67' 0 25 �7 2 -4 7 - i2 < ( J --� � �'• � ` - �.- 4" %� �-, . -_ ..� '\ ray`s t -. /'`' �t�i7 < "Ito 'CO 0 V I Sri �CA RXRM RDAD� INTEFfCEPJ.OR LEGEND CATON I 677 667 734 xj r BM t� - 663 11 12 MPI SITE SEWERS \1 1 8 i 21 � C YBSD SEWERS 0 0 YBSD FORCEMAIN J �� WALTER E DEUCHLER ASSOCIATES, I-NTC. 5k-4 YORKVILLE SOUTH SERVICE AR N EA OPTION No. 2 i c _? ,r `4C/ _ : _...« 7: v1( �1 °" X �:�*J n, C , - ,`, '•r''- _`' ..,,� ,J ,4 '" _ _..._.. ...r. ...."_.. -_ - ._..� - _........ _..._... -_•• ___."_'_.. ...._ -x'^"° j '.` _ rC., � Y '¢,, `�- fi_•IJRurt'rt� .51s5s_ _ _ 4U g H._ n 4 Pf +% J f . Av m,�• ,s —.._ .x' , ..;s^' ` . / ! c - c a .x1 ; ��i . J� 1 Y ' C1'Lr.1•> rP ii v a 6 c.�t •: _ 7. G(r ( ?T. r f + .. `� 7fU`�= �r u� ✓' - „'+sr�XanJn[,u1�ra.� MIPP' �• �. -..-, �i:i �lf�' "'nl' %t �.• �:t° r'� /C � .: ,:ci P7P5 . `y �i �' 1e _ _ � - rG._'C ,., P ' •I ' v e - 8 in . afdVlL.tOM u`r h Sri ':�T OPc GI1C r” u 1 L• 118JIc RJS. RC4ffA J = —jam ; ACHES f 3 'e .1 e � - R/(r:, • _ - `.3.L f `f I \1 T? Iw5k9 `.��.L�. —K �_•. � _ S+rvt F :J 'z Lb ( v •� 8 1� ?r ` t _ _ _ Y .y r .;r •: _. r. _ : /lii � ^,- -nit!" _1 +� s 7r -71 x .(r NOTES: 1. THIS CONCEPTUAL EXHIBIT IS PRELIMINARY IN NATURE AND SUBJECT TO CHANGE BASED ON ADDITIONAL ENGINEERING STUDIES AND INVESTIGATIONS, AND UPON FINALIZATION OF SITE PLANS. 2. SERVICE AREA DESIGNATION DETERMINED BY Reproduced with permission of WALTER E. DEUCHLER ASSOCIATES, INC. BASED Feb ua y 15 20 10:39:15 a.m. AcadVer:16.ts (LMS Tech Rockford Map Publishers, Inc. UPON CURRENT & FUTURE FPA BOUNDARIES. Drawing F: \ CARD\ 3125.00\ 312 %(fli 07 IT\ANNEx11110N ,Ni-rAR1_11L (310) Rockford, Illinois. F1c. EXHIBIT PROJECT NO. 3125.00 n INNO COWHEY YORKVILLE SOUTH SANITARY SEWER DATE 11/27/06 INI■® GUDMUNDSON YORKVILLE IL. ULTIMATE SERVICE AREA OMEN LEDER, LTD REVISED 2/14/07 SCALE NONE © COPYRIGHT 2005 C L ' Wit: S y p e L6 X.EG 'e��P' i fi ,� ; x M -.• PROJECT SITE J ,�s A` yen+ .:•�.`•."°"""T" .: <an' Ban a ; sy` '.', '�: ww .°,N c 5'� .,; ,. Y. ' 1,fr rw r+rsn'.. • -... P [. a. �.,c 15 z P.• 1 NOTES : 1. THIS CONCEPTUAL EXHIBIT IS PRELIMINARY_ IN NATURE AND SUBJECT TO CHANGE BASED r 5 T ON ADDITIONAL ENGINEERING STUDIES AND INVESTIGATIONS, AND UPON FINALIZATION OF SITE PLANS. t : r . RECAPTURE SUMMARY AREA DUE TO PROPORTIONATE % OF TRIBUTARY AREA MPI SOUTH SANITARY SEWER CONSTRUCTION FROM OFFSITE DEVELOPMENT TOTAL AREA COST ALLOCATED TO PIPE LENGTH (Acres) (Acres) (Acres) OFFSITE PROPERTY OWNER No. 1 (WEST) — 900' 576.28 33.42 611.70 95% PROJECT SITE No. 2 (WEST) — 1,875' 578.28 72.57 650.85 89% No. 3 (CENTRAL) — 600' 114.40 40.05 154.45 74% No. 4 (CENTRAL) — 840' 276.10 107.55 383.65 72% . No. 5 (EAST) — 2,235' 161.70 67.50 229.20 71% -. No. 6 (EAST) — 650' 276.10 126.80 402.90 69% No. 7 (MAIN) — 1,850' 854.38 199.37 1,053.75 81% LEGEND TRIBUTARY AREA 1 = 578.28 Ac. TRIBUTARY AREA 2 = 114.4 Ac. I� 1� TRIBUTARY AREA 3 = 161.7 Ac. g NOTES: Reproduced with permission of m Rockford Map Publishers, Inc. Febmay 15, 2007 10:38:25 a.m. AcadVer.16.1s (LNS roan Rockford Illinois. Drawing: F: \CADD \3125.00\ 312 \EXHIBIT\ ANNEXATION \SANITARY- ITIFS —DRAINAGE.DWG (310) F1d. EXHIBIT 3125.00 M TRIBUTARY AREAS FOR PROJECT N0. x 1®0 COWHEY YORKVILLE SOUTH DATE 11/27/06 ? N® GUDMUNDSON YORKVILLE IL. SANITARY SEWER OVERSIZING & 10 1-M, 0 LEDER, LTD SCALE NONE REVISED 2/14/07 .n © COPYRIGHT 2005 CL L T S C NOTES: 1. THIS CONCEPTUAL EXHIBIT IS PRELIMINARY IN NATURE AND SUBJECT TO CHANGE BASED ON ADDITIONAL ENGINEERING STUDIES AND INVESTIGATIONS, AND UPON FINALIZATION OF SITE PLANS. 2. SERVICE AREA DESIGNATION DETERMINED BY Reproduced with permission of ENGINEERING ENTERPRISES, INC. BASED Rockford Map Publishers, Inc. Fenmar is, 2007 10:41:04 a.m. AcadV -16.1s (LMS Tech Drawing: F: \CADD\ 3125.00\ 312\ Ex HI61T\ ANNEXA 710N \WATERMAIN_ULIIMATE.DWG (310 Rockford, IIIIn015. UPON CURRENT &FUTURE FPA BOUNDARIES. PROJECT NO. 3125.00 n1 ®� COWHEY YORKVILLE SOUTH WATER WORKS DATE 11/27/06 9 ® N OME ■ LEDER, LTD YORKVILLE, IL. ULTIMATE SERVICE AREA SCALE NONE a © COPYRIGHT 2005 L NOTE: "� CROSS THIS CONCEPT EXHIBIT IS PRELIMINARY IN NATURE AND SCHOOL SUBJECT TO CHANGE BASED ON ADDITIONAL ENGINEERING STUDIES AND INVESTIGATIONS, ADDITIONAL TOPOGRAPHY, I. h1 warER FINALIZATION OF SITE PLANS, ETC, ALL PROPOSED ENGINEERING fi rowEB ELEMENTS ALONG IL. RT. 47 ARE SUBJECT TO IDOT APPROVAL `jf - _ ­ 5 THE TYPICAL ROADWAY IMPROVEMENTS ARE TO BE REVIEWED WITH I.D.O.T. AND KENDAL COUNTY HIGHWAY DEPARTMENT. 1 I { TYPICAL WALKER ROAD CROSS SECTION SHALL BE IN I I ACCORDANCE WITH THE KENDAL COUNTY HIGHWAY 81 DEPARTMENT DESIGN STANDARDS. KUHN u S HOMESTEAD PROPOSED l I THE DEVELOPER AGREES TO DEDICATE 60' OF HALF wr� HIGH SCHOOL x I `?, y SITE RIGHT - -OF -WAY (120' RIGHT -OF -WAY WHERE THE 1 67.5D Ac. DEVELOPER CONTROLS BOTH SIDES OF WALKER ROAD). 1 l TYPICAL IL. RT. 47 CROSS SECTION SHALL BE IN a 1 7 L4 NEIGHBORHOOD 3 I �' ACCORDANCE WITH THE ILLINOIS DEPARTMENT OF Q NEIGHBORHOOD 2 SINGLE FAMILY 1j TRANSPORTATION DEPARTMENT DESIGN STANDARDS. O g SINGLE FAMILY 10,000 S.F. Min. w I NEIGHBORHOOD 1 n,000 S.F. Min. 70" Min. Width a THE DEVELOPER AGREES TO DEDICATE 60' OF HALF SINGLE FAMILY Bo' Min. Width 3 LO 120 LOTS SERE 4TS :40.06 Ac. RIGHT -OF -WAY WHERE AVAILABLE. sr911loN O ; 12,000 S.F. Min. 116.59 Ac. m f I 80" Min. Width I I 78 LOTS ROAD COMMUNITY I J -'-� ±30.74 Ac. .t'�• PARK - - - -- '• (� 110.80 Ac. Ii { A NEE IO I p . _ .1 ; I ` w 1 ..........\ . _....- ...... NEIGHBORHOOD 4 LU 1 / SINGLE FAMILY Bud,or \\ n 11,000 S.F. Min. \ a / 7 z --�� De vENA10N / ,•�. 75 ' Min. Width : F • ! \ 7r 62 LOTS CENTER ' TOTAL \ +I C � - • '•w naxe n \ I • I \ ±22.57 Ac. 115.1. Ac. / OPEN SPACE L \ TOTAL pETENTIO 1�4'9B A °, COMMERCIAL h+ ••� Ov iu w J w E Sa.a ..') I 1„a� Ac. II "Yp Ij / I RETENTION ) I I 4D i, N '•. ti I I "••;� 1326.0 Ac.l ootlPl.ln 49(4, I\� TOTAL tl I I 0 ac_ 3oalx of Or3.t ��iA- • " +.. • , ••••• OPEN SPACE 11 a r, i I A. 41 I . ...... ...... . CEMETERY NEIGHBORHOOD 5 II IMMANU SINGLE FAMILY ,Er 10,000 S.F. Min. 7o 4p 75' MIN. Width ••t �4,F 89 Lots i 1 �a 131:21 F CpFFt t i • 1 1 .•".......w...... TOTAL I EN SPACE: F_ \ NEIGHBORHOOD 6 SINGLE FAMILY G 10,000 S.F. Min 3 66' R.O. w, 3 75" Min. Width - l8' _ 70_B -B 18' 88 nP Latn q _131,50 Ac. i 27' E 1.5' 1 oTAL OPEN BPAGB 1/4' PER FDGT 4 1 I I / 9DEWMxC ' zpEA, 1 l_�� WAL KER ROAD .rrE�DT KNEN,� _ _ - -- B6.12 C. &G. 1.5 BItuMIN0u5 CONCRETE SURFACE COURSE 2.5 BITUMINOUS CONCRETE BINDER COURSE °' �.•r 10' AGGREGATE. BASE COURSE (CA-6 GEOTEXTILE FABRIC PLACED AT SUBGRADE 1.5" SURFACE= 1.5 0.40= 0.6 I ?5 Landscape a. 2.5' BINDER= 2.5 ' 0.33 = 0.83 �/ I I Bu1Eer 10" BASE= 10 - 01.3 L30 P•rE. / I w Sn = 2,73 Sv.oPA: / TOTAL I COMMERCIAL WILL NOTE: THE SAME PAVEMENT SECTION REQUIRED L ALSO RE THE OPEN SPACE PROPOSED. MUS, THE STRUCTURAL NUMBERS WILL BE THE t23 .DO Ac SAME FOR THE EXISTING VS. TIIE PROPOSED CONDITIONS. S1B.7a ac. TYPICAL NEIGHBORHOOD ROAD DETENTION ISlE.Op Aa,l I{ � I (LOCAL ROADWAYS) TDWNHOMES CROSS - SECTION 2260.0. 136,94 AC. \ I I 70' R.O.W. NEIGHBORHOOD 7 LC o 1 i3' S' �_ I 1/4" PER FOOT I - �,i}�i NEIGHBORHOOD 8 5 P.C.C. MULTI- FAMILY I ; I 5" P C C. / / ✓. � / / SIDEWALK SIDEWALK �- 325 D.U. _I I HOT PO Of AIFI ET ±31,c. � EpGE or EAV[uEnr , 48 A ; I 1.5" BITUMINOUS CONCRETE SURFACE COURSE NEIGHBORHOOD TO 56A2 C, &G.. SINGLE FAMILY 4.5 BITUMINOUS CONCRETE CINDER COURSE I 12 AGGREGATE BASE COURSE (CA -6 ) 10,000 S.F. Min. J GEOTEXTILE FABRIC PLACED AT SUSGRAOE 70" M,n. Width 1 5" SURFACE= 15 • O.bp= 0.6 86 Lots 4.5" BINDER= 4.5 ` 0,33 = 1.49 130.83 Ac, 12' BASE= 12 1 0.13 = 1.56 5E = 3.65 { NOTE THE SAME PAVEMENT SECTION REQUIRED WILL ALSO BE THE NEIGHBORHOOD 9 1 ,. PROPOSED. THUS, THE STRUCTURAL NUMBERS WILL BE THE COURTHOMES SAME FOR THE EXISTING VS. THE PROPOSED CONDITIONS. 276 D.U. ±37.90 Ac, TYPICAL MINOR COLLECTOR ROAD -- CROSS - SECTION FOR INTERNAL ROADWAY w I X 3 BO' R.O. w. • 3 ( \ // s - 1 0 o _ 1 TOTAL I O 20.5' 39' B -B _ 20.5' }, r /i y OPEN SPACE 36' E -E 1.5' Y c. s ,51\ 149.00 Ac. I 25.� 1 {I i . 14.5' S� a .IS7 0 • 1 i F-"�� :. 1 1.y PER FOOT DETENitoN 5 P. C. C, \ \. \� SIDEWALK I I I S10EWALK OR OR BI E PATH BIKE PATH n m caACx Fuca .s A AT EDCE OF IA-1 85.12 CAG, 1.5" BITUMINOUS CONCRETE SURFACE COURSE _k5" BITUMINOUS CONCRETE BINDER COURSE 12" AGGREGATE BASE COURSE CA -6 CEO TEXTILE FABRIC PLACED AT SUBGRADE Y€10308H00011 1 5" SURFACE= 1.5 • 0.40= 0 6 SINGLE FAMLLT • \ r_.� --� i 4.5" BINDER= 4.5 • 0.33. = 1 49 _ I ' Mln. WItlEM1 12' BASE= 12 1 0.13 1.56 ]5 12 \ 1- 11 �\\ \_j Sn = 3 65 11,11 - NOTE: THE SAME PAVEMENT SECTION REQUIRED WILL ALSO BE THE T`Y YfT.I ILJ PROPOSED. THUS, THE STRUCTURAL NUMBERS WILL BE THE SAME FOR THE EXISTING VS. THE PROPOSED CONDITIONS. TYPICAL COLLECTOR ROAD CATON FARM ROAD CROSS - SECTION FOR WHE ELER ROAD H`0 F3 EXHIBIT NE COWHEY YORKVILLE SOUTH ROADWAY PROJECT NO. 3125.00 M 4 ■s GUDMUNDS0N IMPROVEMENTS DATE 11/27/06 X 4 LEDER, LTD. Y ®RKvILLE, IL. SCALE NONE REVISED 2/14/07 COPYRIGHT 2005 W Exhibit F4 Exhibit F4 INITIAL PRELIMINARY CONCEPT BUDGET REVIEW FOR POSSIBLE ROADWAY IMPROVEMENTS ASSOCIATED WITH YORKVILLE SOUTH YORKVILLE, ILLINOIS Possible Approx unit Gross Cost Recap u r Qty. Price Extension with 30% (Gross Cos A. Immanuel Road Improvements 1. 100% Existing Bridge Widening/Modifications 11 EA $ 300,000.00 100.00% W /30% 390.000 Total Potential Credit Toward Roadway Impact Fees $ 390,000 B. Wheeler Road Extension 1. Cost to Upgrade Wheeler Road from Minor Collector w/ 70' ROW to Major Collector w180' ROW from Aquatic Center to East Property 2,110 L.F. $ 15.00 100.00% W /30% $ 41,145 2. Wheeler Road Extension Thru Site From Neigh 4 and Acquatio Center to West Property Line 3,300 L.F. $ 270.00 100.00% W/ 30% $ 1.158-300 Total Potential Credit Toward Roadway Impact Fees $ 1,199,445 C. Minor Collector Roadways - OnsIte 1. Minor Collector Road through Site adjacent to the Aquatic Center and Neigh. 4 700 L.F. $ 255.00 100.00% W/ 30% $ 232,050.00 2. Minor Collector Road through Site adjacent to Nelghboorhood 7, 8, 9, and 10 (north/south street) 3,000 L.F. $ 255.00 100.00% W/ 30% $ 994,500.00 3. Minor Collector Road through Site adjacent to Park and Neighboorhood 9 and 10 (east/west street) 1,500 L.F. $ 255.00 100.00% W/ 30% $ 497.250.00 Total Potential Credit Toward Roadway Impact Fees $ 1,723.800.00 TOTAL ABOVE: POSSIBLE CREDIT TOWARDS ROADWAY IMPACT FEES $ 3,313,245.00 NOTE: • THIS CONCEPT EXHIBIT IS PRELIMINARY IN NATURE AND 105' ROW (120' FUTURE FULL IMPROV.) WALKER ROAD IMPROVEMENTS: - SUBJECT TO CHANGE BASED ON ADDITIONAL ENGINEERING 45' (EX.) •60' PROP. ROW DEDICATION -STUDIES AND INVESTIGATIONS, ADDITIONAL TOPOGRAPHY, WEST OF WALKER ROAD 2,640 L.F. x $242/L.F. = $638,880 FINALIZATION OF SITE PLANS, ETC. ALL PROPOSED ENGINEERING 36' PROP. AsPHAC EAST OF WALKER.ROAD 905 L.F. x $242/L.F. _ $219,010 ELEMENTS ALONG IL. RT. 47 ARE SUBJECT TO IDOT APPROVAL. is' is' SHOULDER * THE TYPICAL ROADWAY IMPROVEMENTS ARE 70 BE REVIEWED _ _ I 4Ps+ °ouLo — T SIGNAL 50% x $150,000 $75,000 (50% COST OF WALKER ROAD) WITH I.D.O.T. AND KENDAL COUNTY HIGHWAY DEPARTMENT. — — - — �� SUBTOTAL $932,890 Ex. Ex. 112' 1 12' 1 TYPICAL WALKER ROAD CROSS SECTION SHALL BE IN- COUNTY FEE 1,427 UNITS. x $1,626 /UNIT = $2,320,302 ACCORDANCE WITH THE KENDAL COUNTY HIGHWAY 3 DEPARTMENT DESIGN STANDARDS. a NET FEE DUE (COUNTY FEE - WALKER ROAD IMPROV.) EXISTING PAVEMENT OVERLAY ai 1.5" BITUMINOUS CONCRETE SURFACE COURSE a $2,320 - $932,890 = $1,387,412 THE DEVELOPER AGREES TO DEDICATE 60' OF HALF w 3/4" LEVELING BINDER a OR = $972 /UNIT RIGHT —OF —WAY (120' RIGHT —OF —WAY WHERE THE PROPOSED PAVEMENT WIDENING 1S' BITUMINOUS CONCRETE SURFACE COURSE DEVELOPER CONTROLS BOTH SIDES OF WALKER ROAD). 4.5' BITUMINOUS CONCRETE BINDER COURSE 12" AGGREGATE BASE COURSE CA -6 ANY IMPROVEMENTS REQUIRED WITHIN THE 120' ROW OF I -47 WILL NOT BE INCLUDED FOR THE NOTE. PROPOSED. THUSNTHE E STRUCTURAL R NU NUMBERS WILL BE THE WILL COSTS OF WALKER ROAD. SAME FOR THE EXISTING VS. THE PROPOSED CONDITIONS. • 60' 1/2 R.O.W. DESIGNATED FOR PERIMETER ROADS ALONG FRONTAGE OF SITE PROPOSED WALKER ROAD CROSS SECTION '• TOTAL \- •• OPEN SPACE s •e••e••••• ±12.51 Ac. 1 ej • ee � e I DETENTION i 4 ( ±3.00 Ac.) NEIGHBORHOOD 6 ~ J Ass SINGLE FAMILY �-- 10,000 S.F. Min. 75" Min. Width 88 Lots ±31.50 Ac. TOTAL `: OPEN SPACE j ±3.07 Ac. \ N (,d 1 U1 I I o�, yo 0 rrrl y r DIET. 0 c M c - (12.0 Ac.) I INTERSECTION TO HAVE m z - z � FU LL IMPROVEMENTS _ �..-J Existing 90" R.O.W. °-� — — — — � — — & BE SIGNALIZED j �• _ -- Proposed 60" 1/2 R.O.W. (= ....... PROPOSED + „ „,,, -�� IMPROVEMENTS 1 2,640 L.F HOF' F ONTAGE ALONG WALKER ROAD x REQUIRED DUE TO WALKER I I ROAD IMPROVEMENTS WEST /� ILd V V f"1 N uj Park 113.00 Ac. TOTAL I I I OPEN N SPACE COMMERCIAL ±18.70 Ac. . ±23.00 Ac. / DETENTION a III 1#16.00 Ac.) c TOWNHOMES. N 228 D.U. of ±38.94 Ac. • � I NEIGHBORHOOD I I II I NEIGHBORHOOD S m MULTI- FAMILY = a I 325 D.U. ±31.48 Ac. r NEIGHBORHOOD 90 0 SINGLE FAMILY 10,.000 S.F. Min. �, _ •.moo nWmV.aoN p ONES COWHEY YORKVILLE SOUTH PROJECT NO. 3125.00 0000 GUDMUNDSON F5 EXHIBIT DATE 02/14/07 M INNS LEDER, LTD YORKVILLE, IL. WALKER ROAD IMPROVEMENTS X SCALE NONE 3' © COPYRIGHT 2005 .y L rh . C�7 EXHIBIT G CURRENT CITY BUILDING CODES 8 -2 -1: INTERNATIONAL BUILDING CODE: A. Code Adopted: Certain documents, three (3) copies of which are on file in the office of the city clerk of the united city of Yorkville, being marked and designated as the international building code, including appendix chapters C, E, H, I and J, 2000 edition, as published by the International Code Council, Inc., be and is hereby adopted as the building code of the united city of Yorkville, in the state of Illinois, for the control of building and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said building code are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes, prescribed in subsection B of this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United city of Yorkville, Kendall County, Illinois Section 108.2 Schedule Of Permit Fees. Delete: "...established by the applicable governing authority." Insert: "...stated in the building permit fees ordinance." (Ord. 2003 -01, 1 -14 -2003) Section 403.1 Exception 3. Delete in its entirety: 'Buildings with an occupancy in group A -5, in accordance with section 303.1." Add: "Section 403.13 Standpipes. Class I standpipes are required in stairways, and shall be in accordance with section 905.4." Insert: Section 503.1.5 Four -, Five -, And Six -Story Buildings. Regardless of use, all four - story, five - story, or six -story buildings shall be of noncombustible construction only (type I) and shall be in accordance with section 403 and the international fire code. 503.1.5.1 Maximum Height. The maximum height for any four - story, five - story, or six -story building shall be eighty feet (80% regardless of any other provisions of this code. (Ord. 2005 -11, 2 -8 -2005) Section 903.2.8. Delete: "An automatic sprinkler system shall be provided throughout all buildings with a group R -2 fire area where more than two stories in height, including basements, or where have more than 16 dwelling units." Insert: "An Page 1 of 11 Revised 6115106 automatic sprinkler system shall be provided throughout all buildings with a group R- 2 fire area having two or more dwelling units." Section 903.2.12. Delete: Exception: "Group R -3 as applicable in section 101.2 and group U." Insert: Exception: "Group R -3 as applicable in section 101.2 unless two dwelling units -then as applicable in section 903.2.8 as. amended, and group U." (Ord. 2003 -01, 1 -14 -2003) Section 903.3.1.1. NFPA 13 Sprinkler Systems. Insert after "...building and before .... or portion... ": "including all four - story, five - story, and six -story buildings ", so as to read: "...require that a building, including all four - story, five - story, and six -story buildings, or portion thereof... ". Section 903.3.1.2 NFPA 13R Sprinkler Systems. Delete: "Where allowed in buildings of group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Insert: "Where allowed in buildings of group R, up to and including three stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Section 907.2 Where Required. Delete period after ....section 907.2.23. Insert ", and in all four - story, five - story, and six -story buildings." (Ord. 2005 -11, 2 -8 -2005) Section 1612.3 Establishment Of Flood Hazard Areas. Insert: united city of Yorkville, Kendall County, Illinois Section 1612.3 Establishment Of Flood Hazard Areas. Insert: September 21, 2000 Section 2702.1 Installation. Insert: NFPA 70 -2002. Section 3409.2 Applicability. Insert: January 14, 2003. Chapter 35, Referenced Standards, NFPA. Insert: NFPA 70 -2002 national electrical code 2702.1 (Ord. 2003 -01, 1 -14 -2003) 8 -2 -2: ICC ELECTRICAL CODE - ADMINISTRATIVE PROVISIONS AND 2002 NATIONAL ELECTRICAL CODE: A. Codes Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated Page 2 of 11 Revised 6115106 as the ICC electrical code - administrative provisions, as published by the International Code Council, Inc., and the 2002 national electrical code (NFPA 70), as published by the National Fire Protection Association, be and are hereby adopted as the codes of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of electrical systems -in the united city of Yorkville and providing for the issuance of permits and collection of fees; and each and all of the regulations, provisions, conditions and terms of such ICC electrical code - administrative provisions, 2000 edition, and the 2002 national electrical code (NFPA 70), on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To ICC Electrical Code: The following sections of the ICC electrical code - administrative provisions are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 404.2 Schedule of permit fees. Change last sentence to read: The fees for electrical work shall be stated in the Building Permit Fee Ordinance. Chapter 13, Referenced Standards, NFPA. Change: 70 -99 National Electrical Code 201.3, 1201.1.1 to 70 -2002 National Electrical Code 201.3, 1201. 1.1 C. Amendments To National Electrical Code: The following sections of the 2002 national electrical code are hereby revised: Section 80.15 Electrical Board. Deleted in its entirety. Section 80.23(B)(3) Penalties. Delete: "Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than dollars ($_) or more than dollars ($_) for each offense, together with the costs of prosecution, imprisonment, or both, for not less than `) days or more than (_) days." Insert: Any person, firm, or corporation who shall willfully violate any of the applicable provisions of this article shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00), together with the costs of prosecution. Failure to comply with the time limits of an abatement notice or other corrective notice issued by the authority having jurisdiction shall result in each day that such violation continues being regarded as a new and separate offense. Page 3 of 11 Revised 6115106 Section 80.27 Inspector's Qualifications. Deleted in its entirety. Section 80.29 Liability for Damages. Insert: United City of Yorkville, or its agents, Section 80.35 Effective Date. Deleted in its entirety. (Ord. 2003 -02, 1 -14 -2003) 8 -2 -3: INTERNATIONAL MECHANICAL CODE: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international mechanical code, including appendix chapter A, 2000 edition, as published by the International Code Council, Inc., be and is hereby adopted as the code of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such international mechanical code, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 106.5.2 Fee schedule. Delete: following schedule; Insert: The schedule is in accordance with the Building Permit Fees Ordinance. Section 106.5.3.2 Fee refunds. Insert: 90 Section 106.5.3.3 Fee refunds. Delete in its entirety. Section 108.4 Violation penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). (Ord. 2003 -03, 1 -14 -2003) 8 -2 -4: INTERNATIONAL PLUMBING CODE AND ILLINOIS STATE PLUMBING CODE: Page 4 of 11 Revised 6115106 A. Codes Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international plumbing code, including appendix chapters B, D, E, and F, 2000 edition, as published by the International Code Council, Inc., and the Illinois state plumbing code, latest edition, published by the Illinois department of public health, be and are hereby adopted as the codes of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such international plumbing code, 2000 edition, and Illinois state plumbing code, latest edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 106.6.2 Fee schedule. Delete: following schedule; Insert: The schedule is in accordance with the Building Permit Fees Ordinance. Section 106.6.3.2 Fee refunds. Insert: 90 Section 106.6.3.3 Fee refunds. Delete in its entirety. Section 108.4 Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). Section 305.6.1 Sewer depth. Insert: 42, 42 Section 904.1 Roof extension. Insert: terminated in accordance with the Illinois State Plumbing Code. (Ord. 2003 -04, 1 -14 -2003) I 8 -2 -5: INTERNATIONAL ENERGY CONSERVATION CODE: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international energy conservation code, as published by the International Code Page 5 of 11 Revised 6115106 i �I Council, Inc., be and is hereby adopted as the code of the united city of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of the building envelope, mechanical, lighting and power systems in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor, and each and all of the regulations, provisions, conditions and terms of such international energy conservation code, 2000 edition, published by the International Code Council, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following section is hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois (Ord. 2003 -05, 1 -14 -2003) 8 -2 -6: INTERNATIONAL FIRE CODE: A. Code Adopted: Certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international fire code, including appendix chapters C, D, E, F, and G, 2000 edition, as published by the International Code Council, Inc., be and is hereby adopted as the code of the united city of Yorkville for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the united city of Yorkville and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such international fire code, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United city of Yorkville, Kendall County, Illinois Section 109.3 Violation Penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 111.4 Failure To Comply. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). (Ord. 2003 -06, 1 -14 -2003) Page 6 of 11 Revised 6115106 Section 903.2 Where Required. Delete: "Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section." Insert: "Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section and in all four - story, five - story, and six -story buildings." Section 903.3.1.2 NFPA 13R Sprinkler Systems. Delete: "Where allowed in buildings of group R, up to and including four stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Insert: "Where allowed in buildings of group R, up to and including three stories in height, automatic sprinkler systems shall be installed throughout in accordance with NFPA 13R." Section 905.1 General. Delete period after first sentence, then insert "and in all four - story, five - story, and six -story buildings class I standpipes are required in stairways, and shall be in accordance with section 905.4." Section 907.2 Where Required. Delete period after ....section 907.2.23. Insert ", and in all four - story, five - story, and six -story buildings." (Ord. 2005 -11, 2 -8 -2005) C. Amendments To Limits: The limits referred to in certain sections of the 2000 international fire code are hereby established as follows: Section 3204.3.1.1 Location. Delete: "...within the limits established by law in the adopting ordinance as the limits of districts in which such storage is prohibited." Insert: "...within all zoning districts except manufacturing and industrial." Section 3404.2.9.5.1 Locations Where Above - Ground Tanks Are Prohibited. Delete: "...within the limits established by law in the adopting ordinances as the limits of districts in which such storage is prohibited." Insert: "...within all zoning districts except manufacturing and industrial." Section 3406.2.4.4 Locations Where Above - Ground Tanks Are Prohibited. Delete: "...within the limits established by law in the adopting ordinances as the limits of districts in which such storage is prohibited." Insert: "...within all zoning districts except manufacturing and industrial." Section 3804.2 Maximum Capacity Within Established Limits. Delete: "Within the limits established by law in the adopting ordinance restricting the storage of liquefied petroleum gas..." Insert: "Within all zoning districts except manufacturing and industrial, the storage of liquefied petroleum gas is restricted..." (Ord. 2003 -06, 1 -14 -2003) Page 7 of 11 Revised 6115106 8 -2 -7: INTERNATIONAL FUEL GAS CODE: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international fuel gas code, 2000 edition, as published by the International Code Council, Inc., be and is hereby adopted as the code of the united city of Yorkville for providing the minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of fuel gas systems in the united city of Yorkville, and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such international fuel gas code, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. B. Amendments To Adopted Code: The following sections of the international fuel gas code, 2000 edition, are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 106.5.2 Fee schedule. Delete in its entirety. Insert: The fee schedule is in accordance with the Building Permit Fees Ordinance. Section 106.5.3.2 Fee refunds. Insert: 90 Section 106.5.3.3 Fee refunds. Delete first paragraph in its entirety. Section 108.4 Violation penalties. Delete: "...shall be guilty of a [SPECIFIC OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment." Insert: "...shall.be punished by a fine of not less than seventy -five dollars ($75.00) nor more than five hundred dollars ($500.00). Section 108.5 Stop work orders. Insert: seventy -five dollars ($75.00), five hundred dollars ($500.00). (Ord. 2003 -07, 1 -14 -2003) 8 -2 -8: INTERNATIONAL RESIDENTIAL CODE FOR ONE - AND TWO- FAMILY DWELLINGS: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international residential code for one- and two - family dwellings, including appendix chapters A, B, C, D, E, F, G, H, J, and K, 2000 edition, as published by the International Code Council, Inc., be and is hereby adopted as the code of united city Page 8 of 11 Revised 6115106 of Yorkville for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of one - and two- family dwellings and townhouses not more than three (3) stories in height in the united city of Yorkville and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such international residential code for one- and two- family dwellings, 2000 edition, on file in the office of the united city of Yorkville are hereby referred to, adopted and made a part hereof as if fully set out in this section. (Ord. 2003 -08, 1 -14 -2003; B. Amendments To Adopted Code: The following sections are hereby revised: Section R101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Table R301.2(1) Climatic and Geographic Design Criteria. Insert: 25, 90, B, Severe, 48 inches, Moderate to Heavy, Slight to Moderate, 74, September 21, 2000 Section R314.2 Treads and risers. Delete: The maximum riser height shall be 7 3/4 inches (196 mm) and the minimum tread depth shall be 10 inches (254 mm). Insert: The riser height and tread depth shall be one of the following: a. 7 3/4 inch riser (196 mm) height -10 inch (254 mm) tread depth b. 8 1/4 inch riser (2 10 mm) height -9 inch (229 mm) tread depth c. 7 inch riser (178 mm) -11 inch (279 mm) tread depth The standard to be used for each building must be stated on the construction documents. Exception: Buildings to be constructed in subdivisions and phases platted after the adoption of this code, must conform to R314.2(a) or R314.2(c). Insert: Section R318 Automatic Fire Sprinkler Systems Insert: Section R318.1 General. Automatic Fire Sprinkler Systems shall be installed in accordance with NFPA 13, NFPA 13D, or NFPA'I3R. Insert: Section R318.2 Where required: Approved automatic sprinkler systems in new buildings and structures shall be provided in any two- family dwelling and in multiple single - family dwellings (townhouses) as defined in the IBC Section 101.2. Page 9 of 11 Revised 6115106 Table N1102.1 Simplified Prescriptive Building Envelope Thermal Component Criteria Minimum Required Thermal Performance (U- Factor and R - Value) Change to read: HDD MAXIMUM MINIMUM GLAZING U- INSULATION FACTOR R -VALUE [(hr. [Btu /(hr.ft2. °F)] ft2 . °F)/Btu] Ceilings Walls Floors Basement Slab Crawl walls perimeter space R -value walls and depth 6,000- .35 R -38 R -13 R -11 R -0 R- R- 6,499 5, 11 2 ft. Part IX- Referenced Standards, NFPA, Delete: "70 -99" Insert: "70- 2002" (Ord. 2003 -08, 1 -14 -2003; amd. Ord. 2003 -32, 6 -24 -2003) 8 -2 -9: INTERNATIONAL PROPERTY MAINTENANCE CODE: A. Code Adopted: That certain documents, three (3) copies of which are on file in the office of the city clerk and the united city of Yorkville, being marked and designated as the international property maintenance code, 2000 edition, as published by the International Code Council, Inc., be and is hereby adopted as the property maintenance code of the united city of Yorkville, in the state of Illinois; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said international property maintenance code, 2000 edition, are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions, and changes, if any, prescribed in subsection B of this section. B. Amendments To Adopted Code: The following sections are hereby revised: Section 101.1 Title. Insert: United City of Yorkville, Kendall County, Illinois Section 103.6 Fees. Delete in its entirety, Insert: The fee schedule is in accordance with the Building Permit Fees Ordinance. Section 303.14 Insect screens. Insert: March 31, October 31 Section 602.3 Heat supply. Insert: October 1, April 30 Page 10 of 11 Revised 6115106 Section 602.4 Occupiable work spaces. Insert: October 1, April 30 (Ord. 2003 -09, 1 -14 -2003) Page 11 of 11 Revised 6115106 Exhibit H United City of Yorkville Fee Schedule Fee Type Fee Timing of Payment Fire District Development Impact Fee $1000 /SF & TH unit, $500 1 MF unit Building Permit (Note: This fee is not "locked" by this agreement.) Commercial fee varies between $.10 & $.15 per square foot Library Dev. Impact Fee $500 /unit Building Permit Engineering Dev. Impact Fee $100 /unit Building Permit Municipal Building Dev. Impact Fee $5,509 /unit if paid at bldg permit Building Permit $3,288 /unit if pre -paid at first final plat or Pre -Paid at Final Plat Parks & Recreation Dev. Impact Fee $50 /unit Building Permit Police Dev. Impact Fee $300 /unit Building Permit Public Works Dev. Impact Fee $700 /unit Building Permit Review Fees Actual City Costs Incurred Developer to reimburse as costs are incurred Coordination Fee .35% of approved engineer's cost Final Plat estimate for land improvements Administration Fee 1.75% of approved engineer's cost Final Plat estimate for land improvements School District Transition Fee $3,000 /unit Paid to School District prior to application for Building Permit Building Permit Fees Calculated based upon $650 per house plus Building Permit $.20 per square foot area of house as defined by City Public Walks/Driveway Inspection Fee $35 /unit Building Permit Weather Warning Siren Fee $75 /acre Final Plat Water Connection Fee $3,700 /SF Per details of Sections 5A $3,171/TH &MF & B of Agreement Water Meter Costs Vary based on current City Fees Building Permit (Note: This fee is not "locked" by this agreement.) City Sanitary Sewer Connection Fee $2000 /unit SF/MF Per details of Sections 5A + $400 /common area drain in MF & B of Agreement buildings Water and Sewer Inspection Fee $25 /unit Building Permit Road Contribution Fund Full waiver per Sec. 8 of agreement None County Road Fund $973 /unit ($1,626 per unit impact fee minus Building Permit $653 credits per unit (per unit share of Walker Road improvements as provided in Sec. 8B of Agreement)) Yorkville Bristol Sanitary District $3,660 /acre At time of annexation to Annexation Fee Sanitary District (Note: This fee is not "locked" by this agreement.) Yorkville Bristol Sanitary District $1,400 /unit Building Permit, Paid by Connection Fee separate check to YBSD (Note: This fee is not "locked" by this agreement.) Yorkville Bristol Infrastructure $3,660 /acre At time of IEPA permitting Participation Fee unless otherwise agreed to by (Note: This fee is not "locked" by this agreement.) YBSD Yorkville Bristol Permit Review Fee $50 per LF of 8" diameter or larger sanitary Due at permitting. (Note: This fee is not "locked" by this agreement.) sewer or $800 minimum (whichever is more) School/Park Land Donation Donation made per Annexation None Agreement Revised 2/14/07 Page 1 of 4 � r United City of Yorkville .n County Seat of Kendall County 800 Game Farm Road Yorkville, Illinois, 60560 Telephone, 630- 553 -4350 Fax. 630 -553 -7575 Webslte, www.yorkvllle.il.us LE 1 COMMRCL4L PERMIT FEES PermltIplan Review Building permit $750.00 plus $0.20 per square foot Plan Review Based on building size (See Attached) co Development Fee $3000.00* - Attached Ordinance 2004 -55 (Increase in Bristol- Kendall Fire Protection Distrieffee) ter /Sewer . Sewer Tap See Attached Ordinance #96-11 Water Tap Water-'Nieter Si7. Watee f�M eetinn Fee i$ $ 1,700 : 11/2 11 $ 4,0001 2" $ 5,000 $ 8,000 40 $15,000 6" and larger TBD Water Motsx Water Meter Size Water.Mgfer Price I.$ $ 485.40 1 @ V $28170.00 3. $3550.00 4" $5420.00 6„ $8875.00 Engineering Impe:ctians $$1} 01I River Crosfing:Fee $25.00 per drain unit. See attached Ordinance 97 -11 **Engineering and Landscaping review S=ees will be billed separately. Please. calithe Yorkville Bristol Sanitary Districtf6r sanitary permitfces (630) 553 -7657 Revised 2/14/07 Page 2 of 4 I I M- - UL TJYLF-FAKlI,Y RZSIDENTL 4, USE G 9 A, Vew Construction per Unit $350.00 plus $0.15 per s.f B. Remodeling Per Unit $175.00 plus $ 0.10 per st C. Detached Garage Per Unit without Electrical $50.00 D. Detached Garage Per Unit with Electrical $100.00 E. Temporary to Start Construction 25% of fill permit fee, not to be applied to the full permit fee Y. Temporary Certificate of Occupancy when Requested by $50 per unit. (non-refundable) the Builder when Circumstances Do No Warrant I ALL OTHER USE GROUPS A. New Constructions $750.00 plus $0,20 'per square foot s B. Additions $500.00 plus $0.20 par square,foot G. Remodeliag $350.00 plus SO. 10 per square foot A Temporary t6 Start Construction 25% of full permit fee, not to be applied to the full permit fee R Temporary Certificate of Occupancy when Requested by $200.00 (non - refundable) the Builder when Circumstances Do Not Warrant NOTZ Building permit fee does not include the plain review fee, for the "multiple- farnily residential use group" and. "other use group" categories. The plan review fee will be leased on the schedule following the permit fees, flan review fees to the inspection firm will be paid at the same time as the building permit fee. Revised 2/14/07 Page 3 of 4 - PLAN AE117EW ITES (M ay vary due to outside consultant's ee schedules. B'r UING CODE L .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 5475.00 100,001 to 150,000 cubic feet $550.00 150,001 to 200,000 cubic feet $650.00 over 200,000 cubic feet 5650,00+ $6.50 per 10,000 cubic feet over 200,000 REMODELING ELAN RE V;«W I/2 of Plaa Review Fee Listed Above =C MCAL, MURANICAL, OR PLU1NMXNG PLAN REVIEW ONLY 1/4 of Plan Review Fee Listed Above 11'XRE DETECTIONIALARM �7YSTENIS $115.00 per - 10,000 square feet of floor area FM SPRINELER SYSTEMS ,NuMher of Sprin klers )°Oe Schedule Hydraulic Calculated Up to 200 $250.00 -- - - S590.00, 201 -300 $300.00 $575.00 301 -500 $400.00 $775,00 Over 500 $450.00 S850.00 .PLUS, for each Sprinkler over 500: $0.60 /each $0,95 /each ALTERNATE FIRE STJFP)RESSx01q SYSTEMS Standpipe $175.00 per Standpipe Riser (No charge with Sprinkler Review) Specialized Extinguisher Agent (Dry Or Other Chemical Agent) $125.00 per 50 pounds Hood & Duct Cooking Extinguisher Agent $150, flat rate per system. 1Y0,TZ- If any plan has to be sent to an outside consultant other than the inspection firm, the outside consultant's fee(s) w111 be charged and that fee paid directly to tjie outside consultant. Revised 2/14/07 Page 4 of 4 02/02/2007 11:47 6305534398 YORKVILLE CUSD 115 PAGE 01/01 Exhibit 11 YO MrV,rr_rE COMMIT,lI TY lrTMT SCI3'OOL DISTRICT 01 IS "Positive Attitudes Create Success" Administrative Service Center 602 Center parkway, Suites A, &D Dr. Thomas D. Engler P.O. Box 579 Ph. 630 - 5534382 Superintendent Yorkville, Illinois 60560 Fax. 630 -553 -4398 tengler @,yorkville.k12ALus December 27, 200 John Crois, City Administrator United City of Yorkville 800 Game Farm Road Yorkville; Illinois 60560 Re: MPI #6 South Yorkville LLC School District Land Dedication & Cash Contribst ions. Dear Mr. Crois, This letter shall confirm that, on behalf of the Yorkville Community Unit District #.l 15, I have reviewed the MPI #6 Soutb Yorkville LLC., Annexation & PUD Agreement, as well as the applicable Exhibits C & I -1 relating to land dedication, cash -in -lieu payments, impact fees, and the reservation of additional land for future. school. site expansion. The school district approves of the terms of the MPI 46 South Yorkville LLC., Annexation & PUD Agreement, concept plan, land dedication, impact fees, and the terms of the reservation of land for future school site expansion for the benefit of the School District. This will. also further confirm that at such time as the School District is ready to commence construction of a school on the dedicated school site, the School District will submit its preliminary site plan to the United City of Yorkville for engineering review. Please let me know should you have any questions. Thank you again for the City's continued assistance in, this matter. ' Tmas D. Eng er Superintendent 'If is the mission of the Yorkville Community Unit Schad Nifricr #115 to prmare each sfudenf to be o productive cifian in the world that he/she will shape by providing wm edrteadon thrd challenges each indivi0al, atUlzfng the mrsnuteds of an interacrive, ragmntibie conmwaity. " 1� e' \ ATT I I rl - I i � \ I I — II S ING1,E RA�.Y . J IuI — �, _ r 130 D.LJ:.:' : .. hh �I t / l� r/ al / J �� 1 )` \ \ i �' IN e615'4a I \ h ` PROPO D_ \ I NEIG RhT00D 3 - \ \ \ .' CHaOi / / I I ``'• / \ \ ` I / SINN FAMILY < \ \ / / /� SITE \ / \ I . % / I I . - \! \\ SIN .F GZ.E.,F Yom•\ 1 l \ I, . I �/ ,QOO s. \ o' ate. widts il,000 IsLF. j lly l 1 I, \ \ \ i _ e1e'0 _ _- - NE•IGIIEARHO'0 1 / /• \ \\ g d• ��! i ll )) \ \ I \ ` \ I \ 120`LOTS ( ; L ` _SILILE �AMIIY� I I f j \S..t1tIO , B Min 'R�i \�� "j t2.B7 Ac... 75 LOTS \ " 11' I - _.. -` �. /' , / �' ✓ ;l__ -. __ \__- - /' �'' /, ' / i / J l I � \� \ - � '..RAR /, - -/I �- � - -- _ - -/ \� � u \ \� (� � ^� �: -',, /j "% ..•.}•....._ �,; , .•r.«.j, � t� tisT.�.. I , \ \ —. _ �.�� J fl•0:e� ��' �-- ; ti\ ' - � �- - -'_ `_ .._ -. � y I 3- PROP,OSE9.. J f/ - \ __ / _ \ J i ' � . +ice ' • r� -4., / !r � � � I I r - ( ; - - I l ( ii/ �— �. i ��'Y •1{ _ ewe'. /. ..... =4� = �---- _ _ - •�,�1 l -DMITS OF RE BOR�I F �O Y 1 \ 3 \lN J _ J `I i 11,000 D .. � L \ ETEN 0 ,� ' /%' j� \ / LIMITS NoM TL . 5' `Min. Width / �\ r, I / �// too rR / E §.o Ac.) ` ` I (� ` 1l r -�� i �i _ 1 6 0�S I '� ' A��IIATIC \ \ lu A • / �` _ LIM OF REOWI.ARM ` �I' /... I •�` CIi R I, I I \k�\ •••,� WETLAND 2 R00 /\ r' _ \C.� -- - . - - \ <I - \' 1 � 1 1 0 EEGU�LA'm YR 1227 r WS y I _ OPE SPA ,v / Y Ftooapinla \Cy COMMERCIAL R 1 I \ ''•.,, *6 diteh Cen4rlind 1 -- -._° / 1 �.t O 13.00 #19.00 Ae. J \ I ••,f26.28 Ac. _._ �) �\ c 1ZP �, < - / �+ II \ I (t2Ae.) Floodplihr, \ \ • \ \ I • Y / Sou f Gr 710 Ac. \• \ \•. \ \, i J TOTAL I \ f I_ f1 \ \ I Of .eek OPEN SPACE \ ` , ,. f ( ` \ \ \ ` ••"••....... / (to dmeh eenteruae) (30.03 Ac. 91 Tia � J •� ; /' _.._ \ \ . ± V���OW �` ` � l r \ ` i � III I I y •% . � = 9k� T ` 7a� - j � T L / / \ I I 7� " I I 7s' 3iins` idth -' 1 \ B9 Lots t -- -- 3f - 21 --dLe I — "S- _ ad lain OPEN SPACE m _ x #12.51 Ac. z n w TION r N.ETGH mRTT00D I 8 Los / I ( •� � .\ 31-5 I r S eero t I C I F \ ego i \ - I r - _ IJI If 3103 1 02 -14-07 Water Tower Site MP School Alternat I Schl Site Altte ° ° 1•,2- ,6- a61 6660 North MEN LAND DESIGN Frontage Road Suite 100 , INC. Is<.t. 1• -200'1 Burr Ridge. IL 60527 Tuttle Burkhart and Bierma Properties PLANNING • LANDSCAPE ARCHITECTURE 5517 N. Cumberland, Suite 906-Chicago, IL 60656 m (630) 455 -5400 Yorkville, Tii1n013 Ph: 773.7613320 Fox 773.7613325 Elnal: 0.Iand0sbcglobal.net EXHIBIT J 1 MPI SOUTH ANNEXATION AGREEMENT UPI South Park Amenities Description $200,000.00 per park location. Park A • Themed playground for 5 -12 year olds. • Shelter • Paved Sitting area. • Park Bench • Ornamental Light. • Landscaping • In Park Trails Park B • Themed playground for 5 -12 year olds. • Shelter. • Sledding Hill • Multiple use field. • Park Bench • Ornamental Light • Landscaping • In Park Trails* Park C • Themed playground for 2 -12 year olds. • Shelter • Park Bench • Ornamental Light • Sand Feature • Landscaping • In Park Trails* *In Park Trails are not to be confused with local or regional bike trails that connect to parks, but rather trails that link the different features of a park with an accessible surface. Exhibit J2 u United City of Yorkville EST 1836 County Seat of Kendall County 800 Game Farm Road ,� ` (` Yorkville, Illinois 60560 Q ��I fill � Q Phone: 630 - 553.4350 Fax: 630-553-7575 V LE ��• February 12, 2006 MPI #6, South Yorkville LLC Moser Enterprises, Inc. 401 S. Main St., Suite ?? Naperville, IL 60540 Attention: Ms. Wendy Yaksich RE: Letter of Understanding Dear Ms. Yaksich, Pursuant to the ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT between MPI #6 South Yorkville LLC and the United City of Yorkville, a Letter of Understanding from the United City of Yorkville Park Board shall be documented. Please consider this letter as that documentation that the Park Board has reviewed the language in Section 16 Park Donations and confirms its support of the donation as described in the Agreement. S' e ely, Mogle Director of Parks and Recreation cc: Park Board N _ t?. .&TER Mir All— P Y 1 i PROPOSED h' OOK SCHOOL SHIC ! NEt MOLE TTAAiOmOrO 3 - NElGNBORHDOD E 10.M Da. we. aroma TAI®,Y TD' I WWth x 11.000 B.R. YID. a IRO W" "k .� NEIIanac�R RN -D 1 / _ a0 �Ylo th JN.Oa A.. - W y .. la.aT M. YD LOOM t La0.YA ...i��.1 PARR _ SIO.aO AO aD1Oon 4 L.WrLx,. J �• \ OFIV Anc ' �! SO opt" SPAM r 17.10 Aa 1 \ I ,r ,r" "� - ' .•,i ". NEIGHBORHOOD 5 ... ..,.. —•• 'ct.. eE MR= TAIAW j hat A ✓ 10,000 ad. Ki. ^�- ! T6 We, V mA 1 li nes' al r �,. OOIN1t11<L x COMM '',�,. ` : » ur .. SPACE i AL � r NErG OO D J i �'^ri"'w a`� 6r ..�, •. Y x .. __ H8ORHO0 saDta TADMY F � 7aX• . b 1 I t ; G Cammwa CDLIRRCW, DU PkkJ MAL O SP Sfl1.60 Ae. ' �'DD I AISk S� Om S @ACS i naTDM1O. 1 NEIGHBORHOOD 7 `� .. _.. .. ��"" ..• >. r ••.. *' RRM DU, le +}.« NEIGHBORHOOD a '.'."" 1oULT1- TAMMY `•• . 0m D.V. y � - NEIGHBORHOOD 10 t9m 31r. _.:.�.,:r •W � ,_— AiMR �_. NEIGHBORHOOD 8 \�• � 1� • >r� nam m Lde i rnvMTeMIMIIS \` 7 L _ _ [-. aY a .. pp pppp A n. � i � � . TAAi /GET t •- �' -.`,.. _ _4.- --- xAti weak... Ik a �010QkY r` , 10.000 a1. La ��`\ ~ ` J I • • } . I i Neighborhood Signage �'� •� ��:; _ �, 1 *'` Primary Location Secondary Location fir { Jab a JIOJ OR 07 YAtr teear 511a IVI F I Proposed Signage Exhibit MENLAND Dorm, LNG , 01 686Q tkaN CroRlage Rood Suite 100 a e�. Riage, IL 6Ob2� p Tuttle, Burkhart and Bierma Propert PLANNING W LANDSCAPE ARCHITECTURE rn sem. t'.30D' 5517 N. Cumbxlond, Suite 9O6-Chicogo, IL 60656 (6ao1 Ass -Saoo Yorkville, Illinois Pit 771=30 P . 7717111=5 P„,at i LW^64" t M Cr r_. T� EXHIBIT L RECAPTURE AGREEMENT RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ( "Agreement "), is made and entered as of the day of 1 2006, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ( "City ") and MPI -6 YORKVILLE SOUTH LLC, an Illinois Limited Liability Company, ( "Developer "). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Yorkville South Subdivision ( "Subdivision "). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated , 2006 ( "Annexation Agreement ") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ( "Recapture Items ") which will provide benefit to other properties ('Benefited Properties "), from the owners of the Benefited Properties ('Benefited Owners "). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ( "Recapture Schedule "). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ( "Estimated Cost "). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITTED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment "B ". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a "Benefited Parcel ". There are a total of (_) Benefited Parcels as identified in the Recapture Schedule. 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel, and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs ". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of percent (_%) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owed thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Items, whichever shall first occur, the City shall collect from such Benefited Owner, or its agent or representative, the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the City or be issued a connection permit to a Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by'the City and no connection permit as aforesaid is issued by the City for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty -four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160540 Fax: (630) 553 -8330 with a copy to: John Wyeth c/o United City of Yorkville 800 Game Farm Road Yorkville, 1160540 Fax: (630) 553 -8330 (I) If to OWNER and DEVELOPER: Isenstein Pasquinelli, LLC 6880 N. Frontage Rd, St. 100 Burr Ridge, IL 60527 Attn: Tony Pasquinelli and to: Moser Enterprises, Inc. 5th Avenue Station 300 East 5th Avenue, Ste 430 Naperville, IL 60563 Attn: John Zediker with copy to: John F. Philipchuck, Esq. DBCW, Ltd. 123 Water Street Naperville, IL 60566 -0565 F. Severabilitv: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. ■ Exhibit M or vie ou Y orkville So uth Design Guidelines Revised 02113107 -1,111 111,L.MPI JO I NT VENTU eft, °'����w'"�• ,s _ .' va. �1vR� -3� +a.�... � r Sinale Familv Detached OBJECTIVES ➢Create an attractive, harmonious development with continuing appeal. ➢Create a series of livable residential neighborhoods that work together as a whole. ➢Create a distinctive residential community that offers a variety of housing opportunities for all life stages. ➢Create a community comprised of high minimum building standards while acknowledging general issues of affordability. Standards for 12.000 salt Lots Photos included on this page are intended to represent conceptual "typical "' architecture for 12,000 square foot lots in Yorkville South, The following standards will apply to these lots: Minimum Lot Size 12,000 square feet Minimum Lot Width at Building Setback Line Minimum Width — 80' Typical Lot Dimensions 85' wide x 141' deep 80' wide x 150' deep Building Setbacks Minimum Front Yard ............................... Minimum Corner Side Yard ........ ............................30' Interior Side Yard ................. ............................... 10' Minimum Rear Yard .............. ............................... 30' ` - /A m Ft's"+. ��- w� [ �- .-- ---- •__.— �..---- /� �' � _ eu �5A 9`1, , <• ' 1DI Y gg ! 2 Standards for 11.000 so.ft. Lots Photos included on this page are intended to represent conceptual "typical "' architecture for 11,000 square foot lots in Yorkville South. The following standards will apply to these lots: Minimum Lot Size 11,000 square feet Minimum Lot Width at Building Setback Line Minimum Width — 75' Typical Lot Dimensions 80' wide x 138' deep 75' wide x 147' deep Building Setbacks Minimum Front Yard ................ ............................30' Minimum Corner Side Yard ........ ............................30' Interior Side Yard .................... ............................10' Minimum Rear Yard ................. ............................30' t 4 - A, iminiiiroauiuo I 4 - p i t pp 3 U1 ir_ r m °rr rrr—r ti Standards for 10.000 sa.ft. Lots Photos included on this page are intended to represent conceptual "typical "' architecture for 10,000 square foot lots in Yorkville South. The following standards will apply to these lots: Minimum Lot Size 10,000 square feet Minimum Lot Width at Building Setback Line Minimum Width — 70' Typical Lot Dimensions 75' wide x 134' deep 70' wide x 143' deep Building Setbacks Minimum Front Yard . ............................... 30' Minimum Corner Side Yard ........................ 30' Interior Side Yard ........ ............................... 8' minimum, combined total side yards of 18' Minimum Rear Yard .. ............................... 30' Y , n r F 1 - �I III I General Single Familv Detached Design Guidelines Building Materials Materials must meet one of the following criteria: a) Not less than 50% of front elevation shall be masonry, including brick and stone but excluding concrete block, split face block, stucco, or similar material. This measurement excludes front window and door opening dimensions, b) 100% of front elevation may be stucco or similar material such as "Dryvit." c) 100% of front elevation may be cedar siding (or cementious wood fiber siding) if all four elevations (front, both sides, and rear) are entirely cedar siding (or cementious wood fiber siding). 1. All brick, all cedar, and combinations of brick and cedar are acceptable. 2. All EIFS (Dryvit), with no combination of other materials. Soffit and fascia of other approved materials are acceptable. 3. Vinyl siding providing at least 25% of the front elevation is Masonry, including returns but excluding bays, dormers and alcoves. Cantilevers and recessed walls above the first floor need not be masonry, as determined at the discretion of the Architectural Review Committee. 4. Fireplace chimneys may be all masonry or all vinyl. EIFS (Dryvit) dwellings may have EIFS (Dryvit) fireplace chimneys. 5. All other materials not noted as approved in this section must be presented to the Architectural Review Committee for approval. 6. Siding colors are restricted to whites, grays, beiges, and earth tones only. Monotonv Controls All homes must comply with the City's anti - monotony requirements of the City's Appearance Code. The monotony controls exist to prevent duplicate Dwellings from being built in close proximity to each other. They are not designed to preclude all similarities between Dwellings. Staggering building setbacks from road right of ways should be utilized to provide variety and eliminate a regimented and monotonous streetscape. Staggering portions of the facades of individual units is also encouraged to achieve a similar effect. Front Elevations and Color Schemes To encourage diversity and add visual interest to the streetscape, Dwellings shall be required to have sufficient differences in both front elevation and color schemes to make them significantly different from each other. The code applies to the following situations: 1. Two Dwellings on each side of a proposed Dwelling that all face the same street. 2. The Dwelling directly across the street from a proposed Dwelling. 3. One Dwelling on each side of the Dwelling directly across the street from the proposed Dwelling. 4. On small, tight cul -de -sac circles, any Dwelling that faces or is diagonally across the cul -de -sac from a proposed Dwelling. Approved color variations shall be within a family or range of aesthetically complementary and compatible colors. Building trim colors should also compliment the main field color. 5 Massinq Details Repetition of building mass and scale within a neighborhood is generally desirable. Variety should be introduced within architectural details and design elements to distinguish individual dwellings, such as side or rear load garages and front entry porches. Efforts will be made to ensure that there is a relationship between the massing of a building and the roof that is chosen for the structure. Additionally, the placement of windows should not only be consistent with the massing of the house, but also consistent with the architectural vernacular that is chosen. Windows should be placed on all four elevations whenever possible. NO lzif r a - l Roof Specifications Roofing materials must meet the United City of Yorkville Building Code. Most traditional roofing materials are permitted including 3 tab asphalt and fiberglass, as well as cedar shake and slate shingles. Asphalt shingles must meet a minimum of 20 year standard. Roof colors may be identical to all adjacent dwellings. All roof colors must be in darker shades of browns, grays and blacks. Bright or light colors are not allowed. Red and green shingle roofs are specifically prohibited. Roof pitch must be a minimum of 6/12. The ARC will entertain lower roof pitches, provided that they are, in the sole opinion of ARC, essential to maintain the design of the Dwelling. Skylights are not permitted on front roof elevations. 6 Garacies Each Dwelling shall have as a minimum an attached two (2) -car garage connected to the street by an asphalt, concrete, or better driveway. Detached garages are not permitted. Maximum of three (3) car attached garages may use front load garage or side load garage, where applicable. No parking pads are allowed. D riveways Driveways shall be installed within the first six (6) months of occupancy. The driveway surface may be poured concrete, bomanite, brick, modular pavers or asphalt. No gravel, screenings or other loose materials are permitted. Every driveway shall provide positive drainage away from the Dwelling and garage. The driveway must be a continuous finished surface of a single approved material from the back of the curb to the face of the garage, exclusive of the public sidewalk, whose minimum width is 17' for a two car garage with a maximum width for any driveway of 21' at the public sidewalk with a reasonable flare at the curb. All side -load garages require driveways to be a minimum of 21 feet wide from the face of the garage to the side property line on the garage side. The driveway pavement must be a minimum of 1 foot from the side property line. Lightinq Decorative wrought iron coach lights, not exceeding 6' in height, are allowed. Any exterior Dwelling lighting, for security or aesthetic purposes, shall be kept close to the Dwelling. Lighting fixtures shall be carefully oriented to avoid directing unwanted light towards adjacent property and the street. No color light sources shall be allowed unless seasonal or temporary in nature. Mailboxes Mailboxes in Yorkville South will be required to be exactly the same style, shape and color. Details and drawings of the proper mailboxes will be provided in the CCRs. Fences Fence height shall be no higher than 5 feet, except in front and corner side yards where they can be no higher than 3 feet. The material shall be cedar or cedar substitutes (as approved by the HOA) and color should remain the natural cedar wood tone. Homes backing to public spaces, parks, or roads may install fences; however, they shall be of the singular design provided by the Homeowners Association. The decorative side of the fence should face out to the public. Garbaqe Containers Storage of garbage containers while in use shall be in the garage or shall be screened from view, and are only permitted in the front yard on collection day. _ Site Utilities Site utilities such as air conditioning units, pool equipment, gas meters, etc. should be located to minimize their visibility. No window air conditioning units are allowed. All sump discharge lines must be connected to the storm sewer system via buried pipe. 7 Pools and Hot Tubs In- ground pools are permitted within Yorkville South pursuant to the United City of Yorkville code. The installation of an aboveground swimming pool is prohibited. The foregoing does not apply to outdoor Jacuzzi's and hot tubs included within a deck or patio and which are screened from view from neighboring units. Accessory Buildinas All greenhouses, gazebos and other freestanding structures (accessory buildings) are subject to the United City of Yorkville ordinances. Storage Sheds are permitted only under the following conditions: a) only one storage shed is allowed per dwelling, b) roof pitch is equivalent to the dwelling's roof pitch and shingles match, c) colors are the same as the dwelling, d) it has a poured concrete foundation, e) mimics the fagade of the existing dwelling on the lot, f) the yard on which a storage shed is constructed is completely fenced according to fence regulations stated herein, and g) it is maintained in good condition. Other freestanding accessory buildings must be consistent with the style and exterior appearance of the existing dwelling and meet the following specifications: 1. Exterior materials: glass, lapped wood siding, or lapped cedar, or hardiplank siding. (Plywood panels, T -111 wood, vinyl or metal -sided shed of any size or style are not allowed. 2. Colors: Siding and roofing materials must match the existing dwelling on the lot as closely as possible. Recreational items In order to provide a neat, uniform appearance throughout the community, restriction have been established for recreational items. Play equipment other than basketball standards shall be allowed but are restricted to rear yards. The only type of basketball standard approved in this development includes a backboard made of clear acrylic in a rectangular or fan shape. Portable basketball assemblies are permitted within the guidelines described herein. Backboards may not contain team or advertising logos, bright colors or any type of advertising, other than the manufacturer's company identification logo. Backboards above the aaraae door are prohibited. For permanent installation, only black metal poles are allowed and must be installed a minimum of 15 feet from the lot side of the public sidewalk and along the outside edge of the driveway. Rear yard basketball assembly installations may be approved on a case -by -case basis. Landscape treatment Builders and /or Owners are responsible for installing sod and foundation landscaping on the Lots. The sod shall be installed as soon as reasonably practical to avoid unsightly appearance and any soil erosion. For instance, sod should be installed after completion of the exterior improvements of a Dwelling, weather permitting, even if the interior work is not yet complete. In any event, the sod or foundation landscaping shall be installed no later than: upon the earlier of (a) eight months after issuance of a building permit for the Dwelling or (b) prior to the closing of the Dwelling with an Owner subject to extensions only as made necessary by the weather, if installed by the Buillder9 no later than thirty (30) days after the date of occupancy, subject to extensions only as made necessary by the weather, if installed by the Omer, Sod shall not be installed later than one hundred eighty (180) days after the issuance of any occupancy permit by the United City of Yorkville unless a watering ban is in effect from the City which prohibits the installation of new sod. If construction of a Dwelling has not been commenced and a building permit not been obtained, the builder and /or Owner shall keep the Lot mowed at all times and reasonably free of weeds and other vegetation, except for grass. All front, side, and rear yards shall be sodded, including all parkway areas. The builder and /or Owners are responsible for the initial installation of parkway trees for each Lot at Yorkville South. The builder and /or Owners are responsible for the maintenance and replacement of parkway trees. Minimums of two parkway trees are required for corner Lots and one parkway tree for all interior Lots, which must meet the specifications of the United City of Yorkville Tree Ordinance and the Annexation Agreement. Foundation plantings shall be concentrated at the front of the Dwelling with living plant material equal to a minimum of $1,000.00 (exclusive of labor costs related to preparing the planting bed or installing materials). For key lots (to be determined at the time of final platting but including such lots as corner lots, lots that are adjacent to significant open space areas, etc.), supplementary foundation plantings are required for any side yard without an adjacent Lot, equal to an additional $500.00 of installed living plant material. Placement of landscaping materials must not interfere with established drainage patterns between Lots. I '- `vR2DD Op - lYPIC:1 HOStE Sf[E G. OUVGGOVE j �� �GrwRF af.RUH _ Standards for Attached Single Family Homes and Multi Family Housing Architectural harmony should be established among structures within the overall Yorkville South development. Similar architectural styles, details and materials should be consistently applied. Similar accenting items and banding elements should also be used throughout the development. Rooflines, gables, windows and other architectural features should add to the development's continuity. Standards for Courtvard Townhomes (w/ Rear - loaded Parkinq) and Multi - Familv Housinq Photos included on this page are intended to represent conceptual "typical "' architecture for courtyard townhomes and multifamily housing in Yorkville South. The following standards will apply: Yard Requirements -Front yard — 25' -Side (corner) — 20' -Perimeter — 30' Building -to- Building Setbacks -Side to side — 20' -Side to rear — 35' -Rear to rear — 60' -Front to side — 35' ■Front to front — 50' ■Rear to front — 50' *Except where structures are arranged in anyway other than parallel where a 50' separation is required at the closest point between structures provided the average separation between structures is 60' or more. * *If structures are arranged in any way other than a parallel arrangement, a separation of 40' shall be allowed at the closest point between the structures as long as the average separation between the structures is 50' or more. There shall be no minimum lot size or lot width requirements OW 4 An - 77 _ l . u i t �J� Standards for Conventional Front-faced Townhomes Photos included on this page are intended to represent conceptual "typical "' architecture for conventional townhomes in Yorkville South. The following standards will apply: Yard Requirements -Front yard — 25' -Side (corner) — 20' -Perimeter — 30' Building-to-Building Setbacks Side to side — 20' Side to rear — 40' Rear to rear — 60'* Front to side — 50' Front to front — 50' Rear to front — 100' *If the structures are arranged in any way other than a parallel arrangement, a separation of 35' shall be allowed at the closest point between the structures as long as the average separation between the structures is 40' or more. *Except where structures are arranged in anyway other than parallel where a 50' separation is required at the closest point between structures provided the average separation between structures is 60' or more. * * *If structures are arranged in any way other than a parallel arrangement, a separation of 40' shall be allowed at the closest point between the structures as long as the average separation between the structures is 50' or more. There shall be no minimum lot size or lot width requirements Od Nil 11 Building Materials All townhomes will have 25% brick/masonry on building exteriors (window and door openings are excluded from the buildings exterior for the purposes of this calculation). ➢The balance of the integral building materials will be vinyl and /or wood siding with masonry, stucco and /or EIFS materials utilized for decorative accents. ➢AII building materials will be durable, require low maintenance, and relate a sense of quality and permanence. ➢Buildings and their design elements throughout Yorkville South will be unified by textures, colors and materials. Materials will be consistently applied in any given neighborhood and will be chosen to work harmoniously with adjacent materials. Massing Details The following types of architectural elements will be incorporated into the building design to add visual interest, scale and character to the development: bay and other decorative window treatments, banding, balconies, porch details, columns, brick work, and entryway features. Rooflines will reflect a residential appearance through pitch and use of materials. Rooflines will be predominately gabled and or hipped. g� �I l r - ` J , Lighting and Address Identification Another architectural element that helps provide additional interest and character to homes is a creative use of exterior lighting and address placement markers. Light fixtures will be consistent with the architectural style of the neighborhood and individual dwelling unit. All exterior lighting will be "down" or "area" lighting. All light sources will be white (no color lighting, except for seasonal or temporary lighting displays) and no overspill will occur on any abutting residential property. All exterior lighting will be shielded to conceal any glare. Trees up lighting will be concealed in shrubs. 12 Landscape treatment To create a "streetscape effect" that is consistent throughout each neighborhood in Yorkville South, minimum planting requirements have been established. The following minimum standards for attached single family neighborhoods are in addition to right- of-way trees that are required by the City. As a minimum: AYards will be fully sodded (front, both sides, and back). ➢Silt fences and other erosion control devises must remain in place until the lawn is fully established. ➢Parkway trees will be installed. These trees shall be spaced and planted under an overall plan approved by the Developer and City and shall be of a species approved by the Developer and City. �3 deciduous or evergreen shrubs with a minimum height of 18 inches or 1 ornamental tree or upright evergreen tree with a minimum height of 6 feet shall be installed in the front yard of each dwelling unit (as appropriate). ➢An equivalent of 1 /2 tree per unit will be required in the rear or side yard adjacent to each townhome building or multifamily building where buildings have front loaded garages. An equivalent of Y2 tree per unit will be required in the open space courtyards adjacent to each townhome building or multifamily building where buildings are constructed in a courtyard fashion. Trees can be either two and one half inch caliper shade trees or upright evergreen trees with a minimum height of 6 feet. ➢Plans with different combinations of plants may be submitted to the developer and City for approval. 13 COMMERCIAL DESIGH STANDARDS The design and development of commercial areas at Yorkville South will contribute to the overall sense of community in this portion of Yorkville, respecting the scale, proportion and character of the surrounding area. Buildings, open space, and parking lots will be arranged in a functional and attractive manner and will incorporate high quality architecture and landscape design. Buildings will be generally oriented towards the streets (as appropriate and practical) to help create a "street wall" effect. The following principles will be used to guide the future development of commercial areas in Yorkville South: General Site Design ➢Access road traffic shall be clear and unencumbered by parking stalls. ➢Access points shall be minimized. ➢The perimeter of the commercial area shall provide for a 30' minimum landscape strip. ➢The perimeter of the site adjacent to a street shall provide for commercial outlots, if possible. ➢Parking for all outlots should be placed away from the access road and shall be screened from view. ➢Utilities, dumpsters and other service related areas should be screened from view, and blend in with the overall character of the development to minimize impact on pedestrians. ➢At least one pedestrian focal point, with ample opportunities for public gathering, seating and pedestrian interaction shall be provided. ➢Commercial areas should be designed to incorporate some of the following elements: outdoor seating, areas for cafes, informal gathering places, drinking fountains, street trees and tree grates, litter receptacles, raised planters, movable planters, ledges appropriate for seating, pedestrian street furniture, lighting, water features, art work, decorative fountains, bike racks Street Orientation Facades should be articulated to reduce long unbroken lines and provide interest. Facades greater than 100' in length should incorporate wall plan projections or recesses. Ground floor facades that front onto public streets shall have arcades, display windows, entry areas, awnings or similar features. Building shall incorporate architectural features and patterns that provide visual interest, at the scale of the pedestrian. Building facades must include a repeating pattern that shall include no less than two of the following elements: color change, texture change or material module change. At least one of the elements shall repeat horizontally. These photos illustrate the use of color change, material change, 1 1 - —. plane change &the incorporation i of display windows & other archetectural details to articulate building facades. = - ff 14 Materials and Color Any exterior building fagade shall incorporate a predominance of high quality materials that may include, but shall not be limited to, utility brick, sandstone, other native stone, or glass. Utility brick, sandstone, or other native stones shall at a minimum extend from ground level to the top of windows with minor accents allowed in place of utility brick, sandstone or other native stone. Buildings of concrete block, split face block, pre -cast panels or of EIFS construction (or its equivalent) are strongly discouraged. Any fagade or roof color incorporated in a commercial structures shall be of low reflective, subtle, neutral or earth tones. The use of high intensity or metallic colors shall be prohibited. Building trim and accent areas may feature brighter colors, including primary colors, but exposed neon tubing shall be prohibited from building trim or accent areas. Massing Details No uninterrupted length of fagade shall exceed sixty five (65) horizontal feet. All facades greater than 65 feet in length shall incorporate some horizontal relief that may include wall plane projections, wall plane recesses, pilasters, or other architectural elements. Roofs Variations in roof lines shall be used to add interest to and reduce the visual scale of large buildings. Rooftop mechanicals should be screened from public view. Any commercial structure with a flat roof design shall incorporate a parapet that provides for a one hundred (100) percent screening of rooftop mechanicals from public view. The average height of such parapets shall not exceed one -third (1/3) of the height of the supporting wall. I f 'These hotos illustrate the use of comi p ce detailing and other architectural elements (such as the incorporation of awnings, wall plane changes and architectural banding) to add interest and reduce the visual scale of buildings. 4h° 'gr' } ffi' 15 Entryways Each principal building shall have a clearly defined, highly visible customer entrance featuring at least three of the following: canopies or porticos, overhangs, recesses /projections, arcades, peaked roof forms, arches, outdoor patios, display windows, architectural details such as the work and moldings, integral planters that incorporate landscaping, outdoor patios, or wing walls that incorporate landscaping areas and /or places for sitting. low Pedestrian and Bicycle Access ➢The development shall provide a network of paths and open space that interconnect commercial buildings, sidewalks, and other key destinations within Yorkville's overall site boundaries. ➢Pedestrian circulation within the commercial areas will be an integral component of site lay out. Commercial areas shall be organized so that the buildings integrate and reinforce the pedestrian character of the development. ➢Bicycle parking shall be provided in commercial areas. III 41-4i. 1 AIM [, ` Photo left: Entry way detail. Photo above: Inclusion of pedestrian access throughout commercial development areas. 16 Landscape Design Landscape plans will be required for the commercial areas prior to development. In accordance with Yorkville's Design Guidelines for Planned Unit Developments, landscaping will be required for parking lot interiors, parking lot perimeters, and at building foundations. Below: Foundation Plantings.r s �. Below: Mechanic I ,.y a /utility screening. Above: Perimeter Landscaping. 17 ARCHITECTURAL REVIEW COMMITTEE (ARC) OVERVIEW The ARC will review and approve all aspects of new construction (and later modifications) of dwellings including, patios and decks, fences, accessory buildings, play structures and other exterior construction. Architectural standards contained within are established to ensure and implement consistent and high quality design standards. They will serve as a framework for design concepts, and provide performance and quality standards that will guide the design and construction of the variety of housing types in Yorkville South. No dwelling may be started without the written final approval from the ARC of the building plans and specifications. The architectural standards (including design criteria as well as performance and quality standards) may be revised in order to respond to future community requirements. Revised standards will be presented to the United City of Yorkville for review and approval, but will not require a public hearing or amendment to the annexation agreement. These architectural standards apply to all neighborhoods and lots within Yorkville South. Architectural Review Committee Creation The ARC shall consist of qualified design professional(s) appointed by the Developer or subsequent Homeowner's Association until all new dwellings within the project have been completed. Functions of the Committee The ARC will evaluate each of the dwellings proposed for construction to assure conformity with the design criteria, performance and quality standards set forth in this pattern book as well as compatibility with the adjoining sites and common spaces. If conflicts arise between the submitted application and the pattern book, the ARC shall have the sole discretion to interpret the standards and render a decision. The ARC has the right to grant variances from the Architectural Standards in accordance with the Declaration of Covenants, Conditions and Restrictions (CCRs) as established with each final plat of subdivision. The ARC has the right to monitor and oversee the design and construction process to insure conformance with the approved plans and the standards set forth in the Architectural Standards. The ARC shall review and respond to each submittal within thirty (30) days. Unapproved submissions shall be returned to submitter for revision and resubmittal. All approvals will be in writing. Architectural Review Submittal Requirements A complete design submittal to the ARC shall include the following: a scalable survey of the Lot at a minimum scale of 1 " =20', 2) base data pertaining to lot lines, topography, easements, existing significant vegetation etc., including all existing trees, are to be shown on the survey, 3) site plan at a minimum scale of 1 " =20' showing property lines, building location and footprint, driveway and easements for Lot utilities, 4) building floor plans, sections and all elevations at a scale not less than 1/8 " =1', 5) exterior building materials and color scheme including exterior brick, dryvit or siding type and color, roof type and color, trim color and accent colors. Ordinance and Standards Architectural Review Committee approval does not substitute for, or insure, compliance with the requirements of all public agencies having jurisdiction over the project, including but not limited to the United City of Yorkville. Each developer, builder and owner must comply with all zoning regulations, agreements and ordinances established by the United City of Yorkville and 18 applicable at the time of purchase and development. EXHIBIT N RIGHT -TO -FARM STATEMENT Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator — A -1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells, dust, sights, noise, and unique hours of operations that are not typical in other zoning areas. Exhibit O Items Eligible for Tax Incentive • All cost associated with the road improvements adjacent to the commercial properties. This would include pavement, storm sewer, landscaping, utility relocation, sidewalk, and any other cost within the ROW. • All watermain constructed with in the commercial property • All sanitary sewers constructed within the commercial property. • Public sidewalk and bike path. • Stormwater Detention basin grading, landscape plantings and storm sewer outfall. • Over sizing sanitary sewer and watermain for the commercial parcel.